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One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

Act of 1994’’.

SEC. 2. ORGANIZATION OF THE ACT.

This Act is organized into the following titles:

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—NATIONAL EDUCATION STATISTICS

TITLE V—MISCELLANEOUS

SEC. 3. EFFECTIVE DATES; TRANSITION.

(a) EFFECTIVE DATES.—

(1) TITLE I.—

(A) Title I and the amendment made by title I of

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

provisions of title I that apply to programs under title

VIII (Impact Aid) of the Elementary and Secondary Education Act of 1965, as amended by this Act, and to programs

under such Act that are conducted on a competitive basis,

shall be effective with respect to appropriations for use

under such programs for fiscal year 1995 and for subsequent fiscal years. (B) Title VIII of the Elementary and Secondary Education Act of 1965, as amended by title I of this Act,

shall take effect on the date of the enactment of this

Act.

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

made by title II of this Act shall take effect on the date

of enactment of this Act, except that section 236 (equity for

students, teachers, and other program beneficiaries) of such

title shall be effective—

(A) July 1, 1995 for noncompetitive programs in which

funds are allocated on the basis of a formula; and
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(B) for programs that are conducted on a competitive basis, with respect to appropriations for use under such

programs in fiscal year 1995 and in subsequent fiscal years.

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

and the amendments made by such parts shall take effect

on July 1, 1995. (B) Part C of title III of this Act and the amendments

made by such part shall take effect on October 1, 1994.

(b) TRANSITION.—Notwithstanding any other provision of law, a recipient of funds under the Elementary and Secondary Education

Act of 1965, as such Act was in effect on the day preceding the

date of enactment of this Act, may use funds available to such

recipient under such predecessor authority to carry out necessary

and reasonable planning and transition activities in order to ensure

a smooth implementation of programs authorized by this Act.

TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965

SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965.

The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.) is amended to read as follows:

‘‘SECTION 1. TABLE OF CONTENTS.

‘‘This Act may be cited as the ‘Elementary and Secondary

Education Act of 1965’.

‘‘TITLE I—HELPING DISADVANTAGED

CHILDREN MEET HIGH STANDARDS

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

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

of the United States that a high-quality education for all

individuals and a fair and equal opportunity to obtain that

education are a societal good, are a moral imperative, and

improve the life of every individual, because the quality of

our individual lives ultimately depends on the quality of the

lives of others.

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

it to be the policy of the United States to expand the program

authorized by this title over the fiscal years 1996 through

1999 by increasing funding for this title by at least $750,000,000

over baseline each fiscal year and thereby increasing the

percentage of eligible children served in each fiscal year with

the intent of serving all eligible children by fiscal year 2004.

‘‘(b) RECOGNITION OF NEED.—The Congress recognizes that—

‘‘(1) although the achievement gap between disadvantaged

children and other children has been reduced by half over

the past two decades, a sizable gap remains, and many segments of our society lack the opportunity to become well

educated;
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‘‘(2) the most urgent need for educational improvement

is in schools with high concentrations of children from lowincome families and achieving the National Education Goals

will not be possible without substantial improvement in such

schools;

‘‘(3) educational needs are particularly great for low-achieving children in our Nation’s highest-poverty schools, children

with limited English proficiency, children of migrant workers,

children with disabilities, Indian children, children who are

neglected or delinquent, and young children and their parents

who are in need of family-literacy services;

‘‘(4) while title I and other programs funded under this

Act contribute to narrowing the achievement gap between children in high-poverty and low-poverty schools, such programs

need to become even more effective in improving schools in

order to enable all children to achieve high standards; and

‘‘(5) in order for all students to master challenging standards in core academic subjects as described in the third National

Education Goal described in section 102(3) of the Goals 2000:

Educate America Act, students and schools will need to maximize the time spent on teaching and learning the core academic

subjects.

‘‘(c) WHAT HAS BEEN LEARNED SINCE 1988.—To enable schools

to provide all children a high-quality education, this title builds

upon the following learned information:

‘‘(1) All children can master challenging content and complex problem-solving skills. Research clearly shows that children, including low-achieving children, can succeed when

expectations are high and all children are given the opportunity

to learn challenging material.

‘‘(2) Conditions outside the classroom such as hunger,

unsafe living conditions, homelessness, unemployment,

violence, inadequate health care, child abuse, and drug and

alcohol abuse can adversely affect children’s academic achievement and must be addressed through the coordination of services, such as health and social services, in order for the Nation

to meet the National Education Goals.

‘‘(3) Use of low-level tests that are not aligned with schools’

curricula fails to provide adequate information about what children know and can do and encourages curricula and instruction

that focus on the low-level skills measured by such tests.

‘‘(4) Resources are more effective when resources are used

to ensure that children have full access to effective high-quality

regular school programs and receive supplemental help through

extended-time activities.

‘‘(5) Intensive and sustained professional development for

teachers and other school staff, focused on teaching and learning and on helping children attain high standards, is too often

not provided.

‘‘(6) Insufficient attention and resources are directed toward

the effective use of technology in schools and the role technology

can play in professional development and improved teaching

and learning.

‘‘(7) All parents can contribute to their children’s success

by helping at home and becoming partners with teachers so

that children can achieve high standards.
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‘‘(8) Decentralized decisionmaking is a key ingredient of

systemic reform. Schools need the resources, flexibility, and

authority to design and implement effective strategies for bringing their children to high levels of performance.

‘‘(9) Opportunities for students to achieve high standards

can be enhanced through a variety of approaches such as public

school choice and public charter schools.

‘‘(10) Attention to academics alone cannot ensure that all

children will reach high standards. The health and other needs

of children that affect learning are frequently unmet, particularly in high-poverty schools, thereby necessitating coordination

of services to better meet children’s needs.

‘‘(11) Resources provided under this title can be better

targeted on the highest-poverty local educational agencies and

schools that have children most in need.

‘‘(12) Equitable and sufficient resources, particularly as

such resources relate to the quality of the teaching force, have

an integral relationship to high student achievement.

‘‘(d) STATEMENT OF PURPOSE.—The purpose of this title is to

enable schools to provide opportunities for children served to acquire

the knowledge and skills contained in the challenging State content

standards and to meet the challenging State performance standards

developed for all children. This purpose shall be accomplished by—

‘‘(1) ensuring high standards for all children and aligning

the efforts of States, local educational agencies, and schools

to help children served under this title to reach such standards;

‘‘(2) providing children an enriched and accelerated educational program, including, when appropriate, the use of the

arts, through schoolwide programs or through additional services that increase the amount and quality of instructional time

so that children served under this title receive at least the

classroom instruction that other children receive;

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

children (from the earliest grades) to effective instructional

strategies and challenging academic content that includes

intensive complex thinking and problem-solving experiences;

‘‘(4) significantly upgrading the quality of instruction by

providing staff in participating schools with substantial

opportunities for professional development;

‘‘(5) coordinating services under all parts of this title with

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

feasible, with health and social service programs funded from

other sources;

‘‘(6) affording parents meaningful opportunities to participate in the education of their children at home and at school;

‘‘(7) distributing resources, in amounts sufficient to make

a difference, to areas and schools where needs are greatest;

‘‘(8) improving accountability, as well as teaching and learning, by using State assessment systems designed to measure

how well children served under this title are achieving challenging State student performance standards expected of all children; and

‘‘(9) providing greater decisionmaking authority and flexibility to schools and teachers in exchange for greater responsibility for student performance.
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‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

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

of carrying out part A, other than section 1120(e), there are authorized to be appropriated $7,400,000,000 for fiscal year 1995 and

such sums as may be necessary for each of the four succeeding

fiscal years. ‘‘(b) EVEN START.—For the purpose of carrying out part B,

there are authorized to be appropriated $118,000,000 for fiscal

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

four succeeding fiscal years. ‘‘(c) EDUCATION OF MIGRATORY CHILDREN.—For the purpose

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

$310,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years. ‘‘(d) PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT RISK OF DROPPING

OUT.—For the purpose of carrying out part D, there are authorized

to be appropriated $40,000,000 for fiscal year 1995 and such sums

as may be necessary for each of the four succeeding fiscal years. ‘‘(e) CAPITAL EXPENSES.—For the purpose of carrying out section 1120(e), there are authorized to be appropriated $41,434,000 for

fiscal year 1995 and such sums as may be necessary for each

of the four succeeding fiscal years. ‘‘(f) ADDITIONAL ASSISTANCE FOR SCHOOL IMPROVEMENT.—For

the purpose of providing additional needed assistance to carry out

sections 1116 and 1117, there are authorized to be appropriated

such sums as may be necessary for fiscal year 1996 and each

of the three succeeding fiscal years. ‘‘(g) FEDERAL ACTIVITIES.—

‘‘(1) SECTION 1501.—For the purpose of carrying out section

1501, there are authorized to be appropriated $9,000,000 for

fiscal year 1995 and such sums as may be necessary for each

of the four succeeding fiscal years.

‘‘(2) SECTIONS 1502 AND 1503.—For the purpose of carrying

out sections 1502 and 1503, there are authorized to be appropriated $50,000,000 for fiscal year 1995 and such sums as

may be necessary for each of the four succeeding fiscal years.

‘‘SEC. 1003. RESERVATION AND ALLOCATION FOR SCHOOL IMPROVEMENT.

‘‘(a) PAYMENT FOR SCHOOL IMPROVEMENT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (3),

each State may reserve for the proper and efficient performance

of its duties under subsections (c)(5) and (d) of section 1116,

and section 1117, one-half of 1 percent of the funds allocated

to the State under subsections (a), (c), and (d), of section 1002

for fiscal year 1995 and each succeeding fiscal year.

‘‘(2) MINIMUM.—The total amount that may be reserved

by each State, other than the outlying areas, under this subsection for any fiscal year, when added to amounts appropriated

for such fiscal year under section 1002(f) that are allocated

to the State under subsection (b), if any, may not be less

than $200,000. The total amount that may be reserved by

each outlying area under this subsection for any fiscal year,

when added to amounts appropriated for such fiscal year under

section 1002(f) that are allocated under subsection (b) to the

outlying area, if any, may not be less than $25,000.
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‘‘(3) SPECIAL RULE.—If the amount reserved under paragraph (1) when added to the amount made available under

section 1002(f) for a State is less than $200,000 for any fiscal

year, then such State may reserve such additional funds under

subsections (a), (c), and (d) of section 1002 as are necessary

to make $200,000 available to such State.

‘‘(b) ADDITIONAL STATE ALLOCATIONS FOR SCHOOL IMPROVEMENT.—From the amount appropriated under section 1002(f) for

any fiscal year, each State shall be eligible to receive an amount

that bears the same ratio to the amount appropriated as the amount

allocated to the State under this part (other than section 1120(e))

bears to the total amount allocated to all States under this part

(other than section 1120(e)).

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

‘‘Subpart 1—Basic Program Requirements

‘‘SEC. 1111. STATE PLANS.

‘‘(a) PLANS REQUIRED.—

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

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

in consultation with local educational agencies, teachers, pupil

services personnel, administrators, other staff, and parents,

that satisfies the requirements of this section and that is coordinated with other programs under this Act, the Goals 2000:

Educate America Act, and other Acts, as appropriate, consistent

with section 14306.

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

paragraph (1) may be submitted as part of a consolidation

plan under section 14302.

‘‘(b) STANDARDS AND ASSESSMENTS.—

‘‘(1) CHALLENGING STANDARDS.—(A) Each State plan shall

demonstrate that the State has developed or adopted challenging content standards and challenging student performance

standards that will be used by the State, its local educational

agencies, and its schools to carry out this part, except that

a State shall not be required to submit such standards to

the Secretary.

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

performance standards developed under title III of the Goals

2000: Educate America Act and an aligned set of assessments

for all students developed under such title, or, if not developed

under such title, adopted under another process, the State

shall use such standards and assessments, modified, if necessary, to conform with the requirements of subparagraphs

(A) and (D) of this paragraph, and paragraphs (2) and (3).

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

and State student performance standards for all students, the

State plan shall include a strategy and schedule for developing

State content standards and State student performance standards for elementary and secondary school children served under

this part in subjects as determined by the State, but including

at least mathematics and reading or language arts by the

end of the one-year period described in paragraph (6), which
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standards shall include the same knowledge, skills, and levels

of performance expected of all children.

‘‘(D) Standards under this paragraph shall include—

‘‘(i) challenging content standards in academic subjects

that—

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

and be able to do;

‘‘(II) contain coherent and rigorous content; and

‘‘(III) encourage the teaching of advanced skills;

‘‘(ii) challenging student performance standards that—

‘‘(I) are aligned with the State’s content standards;

‘‘(II) describe two levels of high performance, proficient and advanced, that determine how well children

are mastering the material in the State content standards; and

‘‘(III) describe a third level of performance, partially proficient, to provide complete information about

the progress of the lower performing children toward

achieving to the proficient and advanced levels of

performance.

‘‘(E) For the subjects in which students will be served

under this part, but for which a State is not required by

subparagraphs (A), (B), and (C) to develop, and has not otherwise developed such standards, the State plan shall describe

a strategy for ensuring that such students are taught the

same knowledge and skills and held to the same expectations

as are all children.

‘‘(2) YEARLY PROGRESS.— ‘‘(A) Each State plan shall demonstrate, based on

assessments described under paragraph (3), what constitutes adequate yearly progress of— ‘‘(i) any school served under this part toward

enabling children to meet the State’s student performance standards; and

‘‘(ii) any local educational agency that received

funds under this part toward enabling children in

schools receiving assistance under this part to meet

the State’s student performance standards.

‘‘(B) Adequate yearly progress shall be defined in a

manner—

‘‘(i) that is consistent with guidelines established

by the Secretary that result in continuous and substantial yearly improvement of each local educational

agency and school sufficient to achieve the goal of

all children served under this part meeting the State’s

proficient and advanced levels of performance, particularly economically disadvantaged and limited English

proficient children; and

‘‘(ii) that links progress primarily to performance

on the assessments carried out under this section while

permitting progress to be established in part through

the use of other measures.

‘‘(3) ASSESSMENTS.—Each State plan shall demonstrate that

the State has developed or adopted a set of high-quality, yearly

student assessments, including assessments in at least mathematics and reading or language arts, that will be used as

the primary means of determining the yearly performance of
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each local educational agency and school served under this

part in enabling all children served under this part to meet

the State’s student performance standards. Such assessments

shall—

‘‘(A) be the same assessments used to measure the

performance of all children, if the State measures the

performance of all children;

‘‘(B) be aligned with the State’s challenging content

and student performance standards and provide coherent

information about student attainment of such standards;

‘‘(C) be used for purposes for which such assessments

are valid and reliable, and be consistent with relevant,

nationally recognized professional and technical standards

for such assessments;

‘‘(D) measure the proficiency of students in the academic subjects in which a State has adopted challenging

content and student performance standards and be

administered at some time during—

‘‘(i) grades 3 through 5;

‘‘(ii) grades 6 through 9; and

‘‘(iii) grades 10 through 12;

‘‘(E) involve multiple up-to-date measures of student

performance, including measures that assess higher order

thinking skills and understanding;

‘‘(F) provide for—

‘‘(i) the participation in such assessments of all

students;

‘‘(ii) the reasonable adaptations and accommodations for students with diverse learning needs, necessary to measure the achievement of such students

relative to State content standards; and

‘‘(iii) the inclusion of limited English proficient students who shall be assessed, to the extent practicable,

in the language and form most likely to yield accurate

and reliable information on what such students know

and can do, to determine such students’ mastery of

skills in subjects other than English;

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

a local educational agency for a full academic year but

have not attended a single school for a full academic year,

however the performance of students who have attended

more than one school in the local educational agency in

any academic year shall be used only in determining the

progress of the local educational agency; ‘‘(H) provide individual student interpretive and

descriptive reports, which shall include scores, or other

information on the attainment of student performance

standards; and

‘‘(I) enable results to be disaggregated within each

State, local educational agency, and school by gender, by

each major racial and ethnic group, by English proficiency

status, by migrant status, by students with disabilities

as compared to nondisabled students, and by economically

disadvantaged students as compared to students who are

not economically disadvantaged.

‘‘(4) SPECIAL RULE.—Assessment measures that do not meet

the requirements of paragraph (3)(C) may be included as one
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of the multiple measures, if a State includes in the State

plan information regarding the State’s efforts to validate such

measures.

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

participating student population and indicate the languages

for which yearly student assessments are not available and

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

assessments and may request assistance from the Secretary

if linguistically accessible assessment measures are needed.

Upon request, the Secretary shall assist with the identification

of appropriate assessment measures in the needed languages

through the Office of Bilingual Education and Minority Languages Affairs.

‘‘(6) STANDARD AND ASSESSMENT DEVELOPMENT.—(A) A

State that does not have challenging State content standards

and challenging State student performance standards, in at

least mathematics and reading or language arts, shall develop

such standards within one year of receiving funds under this

part after the first fiscal year for which such State receives

such funds after the date of enactment of the Improving America’s Schools Act of 1994.

‘‘(B) A State that does not have assessments that meet

the requirements of paragraph (3) in at least mathematics

and reading or language arts shall develop and test such assessments within four years (one year of which shall be used

for field testing such assessment), of receiving funds under

this part after the first fiscal year for which such State receives

such funds after the date of enactment of the Improving America’s Schools Act of 1994 and shall develop benchmarks of

progress toward the development of such assessments that

meet the requirements of paragraph (3), including periodic

updates.

‘‘(C) The Secretary may extend for one additional year

the time for testing new assessments under subparagraph (B)

upon the request of the State and the submission of a strategy

to correct problems identified in the field testing of such new

assessments.

‘‘(D) If, after the one-year period described in subparagraph

(A), a State does not have challenging State content and challenging student performance standards in at least mathematics

and reading or language arts, a State shall adopt a set of

standards in these subjects such as the standards and assessments contained in other State plans the Secretary has

approved.

‘‘(E) If, after the four-year period described in subparagraph

(B), a State does not have assessments, in at least mathematics

and reading or language arts, that meet the requirement of

paragraph (3), and is denied an extension under subparagraph

(C), a State shall adopt an assessment that meets the requirement of paragraph (3) such as one contained in other State

plans the Secretary has approved.

‘‘(7) TRANSITIONAL ASSESSMENTS.—(A) If a State does not

have assessments that meet the requirements of paragraph

(3) and proposes to develop such assessments under paragraph

(6)(B), the State may propose to use a transitional set of yearly
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statewide assessments that will assess the performance of complex skills and challenging subject matter.

‘‘(B) For any year in which a State uses transitional assessments, the State shall devise a procedure for identifying local

educational agencies under paragraphs (3) and (7) of section

1116(d), and schools under paragraphs (1) and (7) of section

1116(c), that rely on accurate information about the academic

progress of each such local educational agency and school.

‘‘(8) REQUIREMENT.—Each State plan shall describe—

‘‘(A) how the State educational agency will help each

local educational agency and school affected by the State

plan develop the capacity to comply with each of the

requirements of sections 1112(c)(1)(D), 1114(b), and 1115(c)

that is applicable to such agency or school; and

‘‘(B) such other factors the State deems appropriate

(which may include opportunity-to-learn standards or

strategies developed under the Goals 2000: Educate America Act) to provide students an opportunity to achieve the

knowledge and skills described in the challenging content

standards adopted by the State.

‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING AND LEARNING.—

Each State plan shall contain assurances that—

‘‘(1)(A) the State educational agency will implement a system of school support teams under section 1117(c), including

provision of necessary professional development for those teams;

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

agencies, including educational service agencies or other local

consortia, and institutions to provide technical assistance to

local educational agencies and schools to carry out the State

educational agency’s responsibilities under this part, including

technical assistance in providing professional development

under section 1119 and technical assistance under section 1117;

and

‘‘(C)(i) where educational service agencies exist, the State

educational agency will consider providing professional development and technical assistance through such agencies; and ‘‘(ii) where educational service agencies do not exist, the

State educational agency will consider providing professional

development and technical assistance through other cooperative

agreements such as through a consortium of local educational

agencies; ‘‘(2) the State educational agency will notify local educational agencies and the public of the standards and assessments developed under this section, and of the authority to

operate schoolwide programs, and will fulfill the State educational agency’s responsibilities regarding local educational

agency improvement and school improvement under section

1116, including such corrective actions as are necessary;

‘‘(3) the State educational agency will provide the least

restrictive and burdensome regulations for local educational

agencies and individual schools participating in a program

assisted under this part;

‘‘(4) the State educational agency will encourage the use

of funds from other Federal, State, and local sources for

schoolwide reform in schoolwide programs under section 1114;

‘‘(5) the Committee of Practitioners established under section 1603(b) will be substantially involved in the development
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of the plan and will continue to be involved in monitoring

the plan’s implementation by the State; and

‘‘(6) the State will coordinate activities funded under this

part with school-to-work, vocational education, cooperative education and mentoring programs, and apprenticeship programs

involving business, labor, and industry, as appropriate.

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

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

‘‘(A) establish a peer review process to assist in the

review and recommendations for revision of State plans;

‘‘(B) appoint individuals to the peer review process

who are representative of State educational agencies, local

educational agencies, teachers, and parents;

‘‘(C) following an initial peer review, approve a State

plan the Secretary determines meets the requirements of

subsections (a), (b), and (c);

‘‘(D) if the Secretary determines that the State plan

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

(c), immediately notify the State of such determination

and the reasons for such determination;

‘‘(E) not decline to approve a State’s plan before—

‘‘(i) offering the State an opportunity to revise

its plan;

‘‘(ii) providing technical assistance in order to

assist the State to meet the requirements under subsections (a), (b), and (c); and

‘‘(iii) providing a hearing; and

‘‘(F) have the authority to disapprove a State plan

for not meeting the requirements of this part, but shall

not have the authority to require a State, as a condition

of approval of the State plan, to include in, or delete

from, such plan one or more specific elements of the State’s

content standards or to use specific assessment instruments

or items.

‘‘(2) WITHHOLDING.—The Secretary may withhold funds for

State administration and activities under section 1117 until

the Secretary determines that the State plan meets the requirements of this section.

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

‘‘(A) remain in effect for the duration of the State’s

participation under this part; and

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

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

and programs under this part.

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

content standards and State student performance standards,

new assessments, or a new definition of adequate progress,

the State shall submit such information to the Secretary.

‘‘(f) LIMITATION ON CONDITIONS.—Nothing in this part shall

be construed to authorize an officer or employee of the Federal

Government to mandate, direct, or control a State, local educational

agency, or school’s specific instructional content or student performance standards and assessments, opportunity-to-learn standards

or strategies, curriculum, or program of instruction, as a condition

of eligibility to receive funds under this part.
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‘‘(g) PROHIBITION.—Nothing in this Act shall be construed to

require any State educational agency, local educational agency,

or school, to implement opportunity-to-learn standards or strategies

developed by such State under the Goals 2000: Educate America

Act.

‘‘(h) SPECIAL RULE.—If the aggregate State expenditure by a

State educational agency for the operation of elementary and

secondary education programs in the State is less than such agency’s aggregate Federal expenditure for the State operation of all

Federal elementary and secondary education programs, then the

State plan shall include assurances and specific provisions that

such State will provide State expenditures for the operation of

elementary and secondary education programs equal to or exceeding

the level of Federal expenditures for such operation by October

1, 1998.

‘‘SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

‘‘(a) PLANS REQUIRED.—

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

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

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

approved by the State educational agency, that is coordinated

with other programs under this Act, the Goals 2000: Educate

America Act, and other Acts, as appropriate, as specified in

section 14306.

‘‘(2) CONSOLIDATED APPLICATION.—The plan may be submitted as part of a consolidated application under section 14304.

‘‘(b) PLAN PROVISIONS.—Each local educational agency plan

shall include—

‘‘(1) a description of additional high-quality student assessments, if any, other than the assessments described in the

State plan under section 1111, that the local educational agency

and schools served under this part will use to—

‘‘(A) determine the success of children served under

this part in meeting the State’s student performance standards and provide information to teachers, parents, and

students on the progress being made toward meeting the

State student performance standards described in section

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

‘‘(B) assist in diagnosis, teaching, and learning in the

classroom in ways that best enable children served under

this part to meet State standards and do well in the local

curriculum; and

‘‘(C) determine what revisions are needed to projects

under this part so that such children will meet the State’s

student performance standards;

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

the assessments described in paragraph (1) for the uses

described in such paragraph;

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

agency will use to provide professional development for teachers, and, where appropriate, pupil services personnel, administrators, parents and other staff, including local educational

agency level staff in accordance with section 1119;

‘‘(4) a description of how the local educational agency will

coordinate and integrate services provided under this part with
H. R. 6—13

other educational services at the local educational agency or

individual school level, such as—

‘‘(A) Even Start, Head Start, and other preschool programs, including plans for the transition of participants

in such programs to local elementary school programs,

vocational education programs, and school-to-work transition programs; and

‘‘(B) services for children with limited English proficiency or with disabilities, migratory children served

under part C or who were formerly eligible for services

under part C in the two-year period preceding the date

of the enactment of the Improving America’s School Act

of 1994, neglected or delinquent youth and youth at risk

of dropping out served under part D, homeless children,

and immigrant children in order to increase program

effectiveness, eliminate duplication, and reduce fragmentation of the instructional program;

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

to select school attendance areas under section 1113;

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

parents, administrators, and pupil services personnel, in targeted assistance schools under section 1115, will identify the

eligible children most in need of services under this part;

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

to be conducted by such agency’s schools under sections 1114

and 1115 and, where appropriate, educational services outside

such schools for children living in local institutions for neglected

or delinquent children, for neglected and delinquent children

in community day school programs, and for eligible homeless

children;

‘‘(8) a description of how the local educational agency will

ensure that migratory children and formerly migratory children

who are eligible to receive services under this part are selected

to receive such services on the same basis as other children

who are selected to receive services under this part;

‘‘(9) where appropriate, a description of how the local educational agency will use funds under this part to support preschool programs for children, particularly children participating

in a Head Start or Even Start program, which services may

be provided directly by the local educational agency or through

a subcontract with the local Head Start agency designated

by the Secretary of Health and Human Services under section

641 of the Head Start Act, agencies operating Even Start programs, or another comparable public early childhood development program.

‘‘(c) ASSURANCES.—

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

provide assurances that the local educational agency will—

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

project authority;

‘‘(B) provide technical assistance and support to

schoolwide programs;

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

develop the schools’ plans pursuant to section 1114 and

assist schools as the schools implement such plans or

undertake activities pursuant to section 1115 so that each

school can make adequate yearly progress toward meeting
H. R. 6—14

the State content standards and State student performance

standards;

‘‘(D) fulfill such agency’s school improvement responsibilities under section 1116, including taking corrective

actions under section 1116(c)(4);

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

and necessary as determined by the local educational

agency, with other agencies providing services to children,

youth, and families, including health and social services;

‘‘(F) provide services to eligible children attending private elementary and secondary schools in accordance with

section 1120, and timely and meaningful consultation with

private school officials regarding such services;

‘‘(G) take into account the experience of model programs for the educationally disadvantaged, and the findings of relevant research indicating that services may be

most effective if focused on students in the earliest grades

at schools that receive funds under this part; and

‘‘(H) beginning in fiscal year 1997 and in the case

that a local educational agency chooses to use funds under

this part to provide early childhood development services

to low-income children below the age of compulsory school

attendance, ensure that such services comply with the

performance standards established under section 641A(a)

of the Head Start Act or under section 651 of such Act,

as such section 651 was in effect on the day preceding

the date of enactment of the Human Services Amendments

of 1994.

‘‘(2) SPECIAL RULE.—In carrying out subparagraph (H) of paragraph (1) the Secretary— ‘‘(A) in fiscal year 1995, shall consult with the Secretary

of Health and Human Services on the implementation of

such subparagraph and shall establish procedures (taking

into consideration existing State and local laws, and local

teacher contracts) to assist local educational agencies to

comply with such subparagraph; and ‘‘(B) in fiscal year 1996, shall disseminate to local

educational agencies the Head Start Performance Standards revised pursuant to section 641A(a) of the Head Start

Act, and such agencies effected by such subparagraph shall

plan for the implementation of such subparagraph (taking

into consideration existing State and local laws, and local

teacher contracts), including pursuing the availability of

other Federal, State, and local funding sources to assist

in compliance with such subparagraph.

‘‘(3) INAPPLICABILITY.—The provisions of this subsection

shall not apply to preschool programs using the Even Start

model or to Even Start programs which are expanded through

the use of funds under this part.

‘‘(d) PLAN DEVELOPMENT AND DURATION.—Each local educational agency plan shall—

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

vocational teachers, and pupil services personnel, where appropriate, and parents of children in schools served under this

part; and

‘‘(2)(A) remain in effect for the duration of the local educational agency’s participation under this part; and
H. R. 6—15

‘‘(B) periodically be reviewed and revised, as necessary,

to reflect changes in the local educational agency’s strategies

and programs.

‘‘(e) STATE APPROVAL.—

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

be filed according to a schedule established by the State educational agency, except that a local educational agency shall

have not more than one year after the date of enactment

of the Improving America’s Schools Act of 1994 to have such

plan provisionally approved by the State educational agency

and not more than two years after the date of enactment

of such Act to have such plan finally approved by the State

educational agency.

‘‘(2) APPROVAL.—The State educational agency shall

approve a local educational agency’s plan only if the State

educational agency determines that the local educational

agency’s plan will enable schools served under this part to

substantially help all children served under this part meet

the standards expected of all children described in section

1111(b)(1).

‘‘(3) REVIEW.—The State educational agency shall review

the local educational agency’s plan to determine if such agency’s

professional development activities are in accordance with section 1119.

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

plan shall reflect the shared responsibility of schools, teachers,

and the local educational agency in making decisions regarding

activities under sections 1114 and 1115.

‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

‘‘(a) DETERMINATION.—

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

funds received under this part only in eligible school attendance

areas.

‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—For the purposes of this part—

‘‘(A) the term ‘school attendance area’ means, in relation to a particular school, the geographical area in which

the children who are normally served by that school reside;

and

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

a school attendance area in which the percentage of children from low-income families is at least as high as the

percentage of children from low-income families in the local

educational agency as a whole.

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

subsection (c) are insufficient to serve all eligible school attendance areas, a local educational agency shall—

‘‘(A) annually rank, without regard to grade spans,

such agency’s eligible school attendance areas in which

the concentration of children from low-income families

exceeds 75 percent from highest to lowest according to

the percentage of children from low-income families; and

‘‘(B) serve such eligible school attendance areas in rank

order.
H. R. 6—16

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

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

educational agency shall—

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

school attendance areas from highest to lowest either by

grade span or for the entire local educational agency according to the percentage of children from low-income families;

and

‘‘(B) serve such eligible school attendance areas in rank

order either within each grade-span grouping or within

the local educational agency as a whole.

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

the same measure of poverty, which measure shall be the

number of children ages 5 through 17 in poverty counted in

the most recent census data approved by the Secretary, the

number of children eligible for free and reduced priced lunches

under the National School Lunch Act, the number of children

in families receiving assistance under the Aid to Families with

Dependent Children program, or the number of children eligible

to receive medical assistance under the Medicaid program, or

a composite of such indicators, with respect to all school attendance areas in the local educational agency—

‘‘(A) to identify eligible school attendance areas;

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

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

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

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

children.

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

may approve a local educational agency’s written request for

a waiver of the requirements of subsections (a) and (c), and

permit such agency to treat as eligible, and serve, any school

that children attend with a State-ordered or a court-ordered

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

desegregation plan, if (A) the number of economically disadvantaged children enrolled in the school is at least 25 percent

of the school’s total enrollment; and (B) the Secretary determines on the basis of a written request from such agency

and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes

of this part.

‘‘(b) LOCAL EDUCATIONAL AGENCY DISCRETION.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (a)(2), a

local educational agency may—

‘‘(A) designate as eligible any school attendance area

or school in which at least 35 percent of the children

are from low-income families;

‘‘(B) use funds received under this part in a school

that is not in an eligible school attendance area, if the

percentage of children from low-income families enrolled

in the school is equal to or greater than the percentage

of such children in a participating school attendance area

of such agency; and

‘‘(C) elect not to serve an eligible school attendance

area or eligible school that has a higher percentage of

children from low-income families if—
H. R. 6—17

‘‘(i) the school meets the comparability requirements of section 1120A(c);

‘‘(ii) the school is receiving supplemental funds

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

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

equal or exceed the amount that would be provided

under this part.

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

number of children attending private elementary and secondary

schools who are to receive services, and the assistance such

children are to receive under this part, shall be determined

without regard to whether the public school attendance area

in which such children reside is assisted under paragraph (1).

‘‘(c) ALLOCATIONS.—

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

funds received under this part to eligible school attendance

areas or eligible schools, identified under subsection (a) or

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

from low-income families in each area or school.

‘‘(2) SPECIAL RULE.—(A) Except as provided in subparagraph (B), the per pupil amount of funds allocated to each

school attendance area or school under paragraph (1) shall

be at least 125 percent of the per pupil amount of funds

a local educational agency received for that year under the

poverty criteria described by the local educational agency in

the plan submitted under section 1112, except that this paragraph shall not apply to a local educational agency that only

serves schools in which the percentage of such children is

35 percent or greater. ‘‘(B) A local educational agency may reduce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State

and local funds expended in that school attendance area or

school for programs that meet the requirements of section 1114

or 1115.

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

reserve such funds as are necessary under this part to provide

services comparable to those provided to children in schools

funded under this part to serve—

‘‘(A) where appropriate, eligible homeless children who

do not attend participating schools, including providing

educationally related support services to children in shelters;

‘‘(B) children in local institutions for neglected or delinquent children; and

‘‘(C) where appropriate, neglected and delinquent children in community day school programs.

‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.

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

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

funds under this part, in combination with other Federal, State,

and local funds, in order to upgrade the entire educational

program in a school described in subparagraph (A) or (B) if,

for the initial year of the schoolwide program, the school meets

either of the following criteria:
H. R. 6—18

‘‘(A) For the school year 1995–1996—

‘‘(i) the school serves an eligible school attendance

area in which not less than 60 percent of the children

are from low-income families; or

‘‘(ii) not less than 60 percent of the children

enrolled in the school are from such families.

‘‘(B) For the school year 1996–1997 and subsequent

years—

‘‘(i) the school serves an eligible school attendance

area in which not less than 50 percent of the children

are from low-income families; or

‘‘(ii) not less than 50 percent of the children

enrolled in the school are from such families.

‘‘(2) STATE ASSURANCES.—(A) A local educational agency

may start new schoolwide programs under this section only

after the State educational agency provides written information

to each local educational agency in the State that demonstrates

that such State agency has established the statewide system

of support and improvement required by subsections (c)(1) and

(e) of section 1117.

‘‘(B) A school that desires to initiate a schoolwide program

under this section prior to the establishment of the statewide

system of support and improvement required in subsections

(c)(1) and (e) of section 1117 shall demonstrate to the local

educational agency that such school has received high quality

technical assistance and support from other providers of assistance such as comprehensive technical assistance centers,

regional laboratories, institutions of higher education, educational service agencies, or other local consortia. ‘‘(3) IDENTIFICATION.—(A) No school participating in a

schoolwide program shall be required to identify particular

children under this part as eligible to participate in a

schoolwide program or to provide supplemental services to such

children.

‘‘(B) A school participating in a schoolwide program shall

use funds available to carry out this section only to supplement

the amount of funds that would, in the absence of funds under

this part, be made available from non-Federal sources for the

school, including funds needed to provide services that are

required by law for children with disabilities and children with

limited English proficiency. ‘‘(4) SPECIAL RULE.—(A) Except as provided in subsection

(b), the Secretary may, through publication of a notice in the

Federal Register, exempt schoolwide programs under this section from statutory or regulatory provisions of any other

noncompetitive formula grant program administered by the

Secretary, or any discretionary grant program administered

by the Secretary (other than formula or discretionary grant

programs under the Individuals with Disabilities Education

Act), to support schoolwide programs, if the intent and purposes

of such other programs are met.

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

programs shall not be relieved of the requirements relating

to health, safety, civil rights, gender equity, student and parental participation and involvement, services to private school

children, maintenance of effort, comparability of services, uses

of Federal funds to supplement, not supplant non-Federal
H. R. 6—19

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

agencies that apply to the receipt of funds from such programs.

‘‘(5) PROFESSIONAL DEVELOPMENT.—Each school receiving

funds under this part for any fiscal year shall devote sufficient

resources to effectively carry out the activities described in

subsection (b)(1)(D) in accordance with section 1119 for such

fiscal year, except that a school may enter into a consortium

with another school to carry out such activities.

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

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

following components:

‘‘(A) A comprehensive needs assessment of the entire

school that is based on information on the performance

of children in relation to the State content standards and

the State student performance standards described in section 1111(b)(1).

‘‘(B) Schoolwide reform strategies that—

‘‘(i) provide opportunities for all children to meet

the State’s proficient and advanced levels of student

performance described in section 1111(b)(1)(D);

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

the achievement of children;

‘‘(iii) use effective instructional strategies, which

may include the integration of vocational and academic

learning (including applied learning and team teaching

strategies), that—

‘‘(I) increase the amount and quality of learning time, such as providing an extended school

year and before- and after-school and summer programs and opportunities, and help provide an

enriched and accelerated curriculum; and

‘‘(II) include strategies for meeting the educational needs of historically underserved populations, including girls and women;

‘‘(iv)(I) address the needs of all children in the

school, but particularly the needs of children who are

members of the target population of any program that

is included in the schoolwide program, which may

include—

‘‘(aa) counseling, pupil services, and mentoring

services;

‘‘(bb) college and career awareness and

preparation, such as college and career guidance,

comprehensive career development, occupational

information, enhancement of employability skills

and occupational skills, personal finance education,

job placement services, and innovative teaching

methods which may include applied learning and

team teaching strategies;

‘‘(cc) services to prepare students for the

transition from school to work, including the

formation of partnerships between elementary,

middle, and secondary schools and local

businesses, and the integration of school-based and

work-based learning; and

‘‘(dd) incorporation of gender-equitable methods and practices; and
H. R. 6—20

‘‘(II) address how the school will determine if such

needs have been met; and

‘‘(vii) are consistent with, and are designed to

implement, the State and local improvement plans,

if any, approved under title III of the Goals 2000:

Educate America Act.

‘‘(C) Instruction by highly qualified professional staff.

‘‘(D) In accordance with section 1119 and subsection

(a)(5), professional development for teachers and aides, and,

where appropriate, pupil services personnel, parents, principals, and other staff to enable all children in the school

to meet the State’s student performance standards.

‘‘(E) Strategies to increase parental involvement, such

as family literary services.

‘‘(F) Plans for assisting preschool children in the transition from early childhood programs, such as Head Start,

Even Start, or a State-run preschool program, to local

elementary school programs.

‘‘(G) Measures to include teachers in the decisions

regarding the use of assessments described in section

1112(b)(1) in order to provide information on, and to

improve, the performance of individual students and the

overall instructional program.

‘‘(H) Activities to ensure that students who experience

difficulty mastering any of the standards required by section 1111(b) during the course of the school year shall

be provided with effective, timely additional assistance,

which shall include—

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

are identified on a timely basis and to provide sufficient

information on which to base effective assistance;

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

using funds under this part, periodic training for teachers in how to identify such difficulties and to provide

assistance to individual students; and

‘‘(iii) for any student who has not met such standards, teacher-parent conferences, at which time the

teacher and parents shall discuss—

‘‘(I) what the school will do to help the student

meet such standards;

‘‘(II) what the parents can do to help the student improve the student’s performance; and

‘‘(III) additional assistance which may be

available to the student at the school or elsewhere

in the community.

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

a schoolwide program shall first develop (or amend a plan

for such a program that was in existence before the date of

enactment of the Improving America’s Schools Act of 1994),

in consultation with the local educational agency and its school

support team or other technical assistance provider under subsections (c)(1) and (e) of section 1117, a comprehensive plan

for reforming the total instructional program in the school

that—

‘‘(i) incorporates the components described in paragraph (1);
H. R. 6—21

‘‘(ii) describes how the school will use resources under

this part and from other sources to implement those components;

‘‘(iii) includes a list of State and local educational

agency programs and other Federal programs under subsection (a)(4) that will be included in the schoolwide program;

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

student assessment results, including an interpretation of

those results, to the parents of a child who participates

in the assessment required by section 1111(b)(3);

‘‘(v) provides for the collection of data on the achievement and assessment results of students disaggregated

by gender, major ethnic or racial groups, limited English

proficiency status, migrant students, and by children with

disabilities as compared to other students, and by economically disadvantaged students as compared to students who

are not economically disadvantaged;

‘‘(vi) seeks to produce statistically sound results for

each category for which assessment results are

disaggregated through the use of oversampling or other

means; and

‘‘(vii) provides for the public reporting of disaggregated

data only when such reporting is statistically sound.

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

and a set of assessments that meet the criteria in paragraphs

(1) and (3) of section 1111(b) shall be based on an analysis

of available data on the achievement of students in the school

and effective instructional and school improvement practices.

‘‘(C) The comprehensive plan shall be—

‘‘(i) developed during a one-year period, unless—

‘‘(I) the local educational agency, after considering

the recommendation of the technical assistance providers under subsections (c) and (e) of section 1117,

determines that less time is needed to develop and

implement the schoolwide program; or

‘‘(II) the school is operating a schoolwide program

on the day preceding the date of enactment of the

Improving America’s Schools Act of 1994, in which

case such school may continue to operate such program,

but shall develop a new plan during the first year

of assistance under such Act to reflect the provisions

of this section;

‘‘(ii) developed with the involvement of the community

to be served and individuals who will carry out such plan,

including teachers, principals, other staff, and, where

appropriate, pupil services personnel, and parents, and,

if the plan relates to a secondary school, students from

such school;

‘‘(iii) in effect for the duration of the school’s participation under this part and reviewed and revised, as necessary, by the school;

‘‘(iv) available to the local educational agency, parents,

and the public, and the information contained in such

plan shall be translated, to the extent feasible, into any

language that a significant percentage of the parents of
H. R. 6—22

participating children in the school speak as their primary

language; and

‘‘(v) where appropriate, developed in coordination with

programs under the School-to-Work Opportunities Act of

1994, the Carl D. Perkins Vocational and Applied Technology Education Act, and the National and Community

Service Act of 1990.

‘‘(c) ACCOUNTABILITY.—A schoolwide program under this section

shall be subject to the school improvement provisions of section

1116.

‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

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

section 1113(c) that are ineligible for a schoolwide program under

section 1114, or that choose not to operate such a schoolwide program, a local educational agency may use funds received under

this part only for programs that provide services to eligible children

under subsection (b) identified as having the greatest need for

special assistance.

‘‘(b) ELIGIBLE CHILDREN.—

‘‘(1) ELIGIBLE POPULATION.—(A) The eligible population for

services under this part is—

‘‘(i) children not older than age 21 who are entitled

to a free public education through grade 12; and

‘‘(ii) children who are not yet at a grade level where

the local educational agency provides a free public education, yet are of an age at which such children can benefit

from an organized instructional program provided in a

school or other educational setting.

‘‘(B) From the population described in subparagraph (A),

eligible children are children identified by the school as failing,

or most at risk of failing, to meet the State’s challenging student

performance standards on the basis of multiple, educationally

related, objective criteria established by the local educational

agency and supplemented by the school, except that children

from preschool through grade two shall be selected solely on

the basis of such criteria as teacher judgment, interviews with

parents, and developmentally appropriate measures.

‘‘(2) CHILDREN INCLUDED.—(A)(i) Children who are economically disadvantaged, children with disabilities, migrant children

or limited English proficient children, are eligible for services

under this part on the same basis as other children selected

to receive services under this part.

‘‘(ii) Funds received under this part may not be used to

provide services that are otherwise required by law to be made

available to such children but may be used to coordinate or

supplement such services.

‘‘(B) A child who, at any time in the two years preceding

the year for which the determination is made, participated

in a Head Start or Even Start program, is eligible for services

under this part.

‘‘(C)(i) A child who, at any time in the two years preceding

the year for which the determination is made, received services

under the program for youth who are neglected, delinquent,

or at risk of dropping out under part D (or its predecessor

authority) may be eligible for services under this part.
H. R. 6—23

‘‘(ii) A child in a local institution for neglected or delinquent

children or attending a community day program for such children may be eligible for services under this part.

‘‘(D) A child who is homeless and attending any school

in the local educational agency may be eligible for services

under this part.

‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE SCHOOL PROGRAM.—

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

and local educational agencies to meet their responsibility to

provide for all their students served under this part the opportunity to meet the State’s student performance standards in

subjects as determined by the State, each targeted assistance

program under this section shall—

‘‘(A) use such program’s resources under this part to

help participating children meet such State student

performance standards expected for all children;

‘‘(B) be based on effective means for improving achievement of children;

‘‘(C) ensure that planning for students served under

this part is incorporated into existing school planning;

‘‘(D) use effective instructional strategies that—

‘‘(i) give primary consideration to providing

extended learning time such as an extended school

year, before- and after-school, and summer, programs

and opportunities;

‘‘(ii) help provide an accelerated, high-quality

curriculum, including applied learning; and

‘‘(iii) minimize removing children from the regular

classroom during regular school hours for instruction

provided under this part;

‘‘(E) coordinate with and support the regular education

program, which may include—

‘‘(i) counseling, mentoring, and other pupil services;

‘‘(ii) college and career awareness and preparation,

such as college and career guidance, comprehensive

career development, occupational information,

enhancement of employability skills and occupational

skills, personal finance education, job placement services, and innovative teaching methods which may

include applied learning and team teaching strategies;

‘‘(iii) services to prepare students for the transition

from school to work, including the formation of partnerships between elementary, middle, and secondary

schools and local businesses, and the integration of

school-based and work-based learning; and

‘‘(iv) services to assist preschool children in the

transition from early childhood programs to elementary

school programs;

‘‘(F) provide instruction by highly qualified staff;

‘‘(G) in accordance with subsection (e)(3) and section

1119, provide opportunities for professional development

with resources provided under this part, and from other

sources to the extent feasible, for administrators and for

teachers and other school staff who work with participating
H. R. 6—24

children in programs under this section or in the regular

education program; and

‘‘(H) provide strategies to increase parental involvement, such as family literary services.

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

under this section shall assist participating children selected

in accordance with subsection (b) to meet the State’s proficient

and advanced levels of performance by—

‘‘(A) the coordination of resources provided under this

part with other resources to enable the children served

to meet the State content standards and State student

performance standards; and

‘‘(B) reviewing, on an ongoing basis, the progress of

participating children and revising the targeted assistance

program, if necessary, to provide additional assistance to

enable such children to meet the State’s challenging student performance standards, such as an extended school

year, before- and after-school, and summer, programs and

opportunities, training for teachers regarding how to identify students that require additional assistance, and training for teachers regarding how to implement student

performance standards in the classroom.

‘‘(d) ASSIGNMENT OF PERSONNEL.—To promote the integration

of staff supported with funds under this part and children served

under this part into the regular school program and overall school

planning and improvement efforts, public school personnel who

are paid with funds received under this part may—

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

personnel who are not so paid, including duties beyond classroom instruction or that do not benefit participating children,

so long as the amount of time spent on such duties is the

same proportion of total work time as prevails with respect

to similar personnel at the same school;

‘‘(2) participate in general professional development and

school planning activities; and

‘‘(3) collaboratively teach with regular classroom teachers,

if such collaborative teaching directly benefits participating

children.

‘‘(e) SPECIAL RULES.—

‘‘(1) SIMULTANEOUS SERVICE.—Nothing in this section shall

be construed to prohibit a school from serving students served

under this section simultaneously with students with similar

educational needs, in the same educational settings where

appropriate.

‘‘(2) COMPREHENSIVE SERVICES.—If health, nutrition, and

other social services are not otherwise available to eligible

children in a targeted assistance school and such school, if

appropriate, has engaged in a comprehensive needs assessment

and established a collaborative partnership with local service

providers, and if funds are not reasonably available from other

public or private sources to provide services under this part,

then a portion of the funds provided under this part may

be used as a last resort to provide such services, including—

‘‘(A) the provision of basic medical equipment, such

as eyeglasses and hearing aids;

‘‘(B) compensation of a coordinator; and
H. R. 6—25

‘‘(C) professional development necessary to assist teachers, pupil services personnel, other staff, and parents in

identifying and meeting the comprehensive needs of eligible

children.

‘‘(3) PROFESSIONAL DEVELOPMENT.—Each school receiving

funds under this part for any fiscal year shall devote sufficient

resources to effectively carry out the professional development

activities described in subparagraph (G) of subsection (c)(1)

in accordance with section 1119, for such fiscal year, except

that a school may enter into a consortium with another school

to carry out such activities.

‘‘SEC. 1115A. SCHOOL CHOICE.

‘‘(a) CHOICE PROGRAMS.—A local educational agency may use

funds under this part, in combination with State, local, and private

funds, to develop and implement choice programs, for children

eligible for assistance under this part, which permit parents to

select the public school that their children will attend.

‘‘(b) CHOICE PLAN.—A local educational agency that chooses

to implement a school choice plan shall first develop a comprehensive plan that includes assurances that—

‘‘(1) all eligible students across grade levels will have equal

access to the program;

‘‘(2) the program does not include schools which follow

a racially discriminatory policy;

‘‘(3) describe how the school will use resources under this

part and from other sources to implement the plan;

‘‘(4) describe how the school will provide individual student

assessment results, including an interpretation of such results,

to the parents of a child who participates in the assessment

required by section 1111(b)(3); ‘‘(5) the plan will be developed with the involvement of

the community to be served and individuals who will carry

out the plan, including teachers, principals, and other staff,

parents, and, if the plan relates to a secondary school, students

from the school;

‘‘(6) the plan will be made available to parents and the

public;

‘‘(7) the program will not include schools that do not receive

funds under this part;

‘‘(8) the program will not use funds under this part to

pay for transportation costs; ‘‘(9) both the sending and receiving schools agree to the

student transfer; and

‘‘(10) such local educational agency will comply with the

other requirements of this part.

‘‘SEC. 1116. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND

SCHOOL IMPROVEMENT.

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

funds under this part shall—

‘‘(1) use the State assessments described in the State plan;

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

in the local educational agency’s plan to review annually the

progress of each school served under this part to determine

whether the school is meeting, or making adequate progress

as defined in section 1111(b)(2)(A)(i) toward enabling its stu-
H. R. 6—26

dents to meet the State’s student performance standards

described in the State plan;

‘‘(3) publicize and disseminate to teachers and other staff,

parents, students, and the community, the results of the annual

review under paragraph (2) of all schools served under this

part in individual school performance profiles that include

statistically sound disaggregated results as required by section

1111(b)(3)(I); and

‘‘(4) provide the results of the local annual review to schools

so that the schools can continually refine the program of

instruction to help all children served under this part in those

schools meet the State’s student performance standards.

‘‘(b) DESIGNATION OF DISTINGUISHED SCHOOLS.—Each State

educational agency and local educational agency receiving funds

under this part shall designate distinguished schools in accordance

with section 1117.

‘‘(c) SCHOOL IMPROVEMENT.—

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

for school improvement any school served under this part that—

‘‘(A) has been in program improvement under section

1020 of the Elementary and Secondary Education Act of

1965 (as such section was in effect on the day preceding

the date of enactment of the Improving America’s Schools

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

prior to such day;

‘‘(B) has not made adequate progress as defined in

the State’s plan under section 1111(b)(2)(A)(i) for two

consecutive school years, except that— ‘‘(i) this subparagraph shall not apply to a school

if almost every student in such school is meeting the

State’s advanced level of performance; or

‘‘(ii) in the case of a targeted assistance school,

such school may be reviewed on the progress of only

those students that have been or are served under

this part; or

‘‘(C) has failed to meet the criteria established by the

State through the State’s transitional procedure under section 1111(b)(7)(B) for two consecutive years.

‘‘(2) REQUIREMENT.—(A) Each school identified under paragraph (1) shall— ‘‘(i) in consultation with parents, the local educational

agency, and the school support team, develop or revise

a school plan in ways that have the greatest likelihood

of improving the performance of participating children in

meeting the State’s student performance standards, which

may include reviewing the schools’ plan in the context

of the opportunity-to-learn standards or strategies developed by such State under the Goals 2000: Educate America

Act; and

‘‘(ii) submit the plan or revised plan to the local educational agency for approval.

‘‘(B) Before identifying a school for school improvement

under paragraph (1), the local educational agency shall provide

the school with an opportunity to review the school-level data,

including assessment data, on which such identification is

based. If the school believes that such identification for school

improvement is in error for statistical or other substantive
H. R. 6—27

reasons, such school may provide evidence to the local educational agency to support such belief.

‘‘(C) During the first year immediately following such

identification, the school shall implement such school’s plan

or revised plan.

‘‘(3) PROFESSIONAL DEVELOPMENT.—(A) Each school identified under paragraph (1) shall, as part of the school plan

under paragraph (2), improve the skills of its staff by providing

effective professional development activities. A school shall

demonstrate such school’s compliance with this paragraph by—

‘‘(i) devoting to such activities, over two consecutive

years, an amount equivalent to at least 10 percent of the

funds received by the school under this part during one

fiscal year; or

‘‘(ii) otherwise demonstrating that such school is effectively carrying out professional development activities.

‘‘(B) A school may use funds from any source to meet

the requirements of this subsection.

‘‘(C) Decisions about how to use the funds made available

under this part which the school makes available for professional development shall be made by teachers, principals, and

other school staff in that school.

‘‘(4) TECHNICAL ASSISTANCE.—(A) For each school identified

under paragraph (1), the local educational agency shall provide

technical or other assistance as the school develops and implements such school’s plan or revised plan, such as a joint plan

between the local educational agency and school that addresses

specific elements of student performance problems and that

specifies school and local educational agency responsibilities

under the plan, and waivers or modifications of requirements

of local educational agency policy or regulation that impede

the ability of the school to educate students.

‘‘(B) Such technical assistance may be provided directly

by the local educational agency, through mechanisms authorized under section 1117, or with the local educational agency’s

approval, by an institution of higher education, a private nonprofit organization, an educational service agency, a comprehensive regional assistance center under part A of title XIII, or

other entities with experience in helping schools improve

achievement.

‘‘(5) CORRECTIVE ACTION.—(A) Except as provided in

subparagraph (C), after providing technical assistance pursuant

to paragraph (4) and taking other remediation measures, the

local educational agency may take corrective action at any

time against a school that has been identified under paragraph

(1), but, during the third year following identification under

paragraph (1), shall take such action against any school that

still fails to make adequate progress.

‘‘(B)(i) Corrective actions are those, consistent with State

and local law, determined and made public and disseminated

by the local educational agency, which may include—

‘‘(I) withholding funds;

‘‘(II) interagency collaborative agreements between the

school and other public agencies to provide health, counseling, and other social services needed to remove barriers

to learning;
H. R. 6—28

‘‘(III) revoking authority for a school to operate a

schoolwide program;

‘‘(IV) decreasing decisionmaking authority at the school

level;

‘‘(V) making alternative governance arrangements such

as the creation of a public charter school;

‘‘(VI) reconstituting the school staff;

‘‘(VII) authorizing students to transfer, including

transportation costs, to other public schools served by the

local educational agency; and

‘‘(VIII) implementing opportunity-to-learn standards or

strategies developed by such State under the Goals 2000:

Educate America Act.

‘‘(ii) Notwithstanding clause (i), corrective actions taken

pursuant to this part shall not include the actions described

in subclause (I), (III), (IV), (VI), or (VII) of clause (i) until

the State has developed assessments that meet the requirements of subparagraph (C) of section 1111(b)(3).

‘‘(C) Prior to implementing any corrective action, the local

educational agency may refrain from such corrective action

for one additional year to the extent that the failure to make

progress can be attributed to extenuating circumstances as

determined by the local educational agency.

‘‘(D) A school that is no longer operating its schoolwide

program due to a corrective action may not resume operation

of such a program until the local educational agency determines

that the school has adequately reformed its schoolwide program

plan to enable the school to make adequate progress toward

meeting the State’s challenging student performance standards. ‘‘(6) STATE EDUCATIONAL AGENCY RESPONSIBILITIES.—The

State educational agency shall— ‘‘(A) make technical assistance under section 1117

available to the schools farthest from meeting the State’s

challenging student performance standards, if requested

by the school or local educational agency; and ‘‘(B) if such agency determines that a local educational

agency failed to carry out the local educational agency’s

responsibilities under paragraphs (4) and (5), take such

corrective actions as the State educational agency deems

appropriate and which are in compliance with State law.

‘‘(7) SPECIAL RULE.—Schools that, for at least two of the

three years following identification under paragraph (1), make

adequate progress toward meeting the State’s proficient and

advanced levels of performance shall no longer need to be

identified for school improvement.

‘‘(d) STATE REVIEW AND LOCAL EDUCATIONAL AGENCY IMPROVEMENT.—

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

‘‘(A) annually review the progress of each local educational agency receiving funds under this part to determine whether schools receiving assistance under this part

are making adequate progress as defined in section

1111(b)(2)(A)(ii) toward meeting the State’s student

performance standards; and

‘‘(B) publicize and disseminate to local educational

agencies, teachers and other staff, parents, students, and

the community the results of the State review, including
H. R. 6—29

statistically sound disaggregated results, as required by

section 1111(b)(3)(I).

‘‘(2) REWARDS.—In the case of a local educational agency

that for three consecutive years has met or exceeded the State’s

definition of adequate progress as defined in section

1111(b)(2)(A)(ii), the State may make institutional and individual rewards of the kinds described for individual schools in

paragraph (2) of section 1117(c).

‘‘(3) IDENTIFICATION.—(A) A State educational agency shall

identify for improvement any local educational agency that—

‘‘(i) for two consecutive years, is not making adequate

progress as defined in section 1111(b)(2)(A)(ii) in schools

served under this part toward meeting the State’s student

performance standards, except that schools served by the

local educational agency that are operating targeted assistance programs may be reviewed on the basis of the progress

of only those students served under this part; or

‘‘(ii) has failed to meet the criteria established by the

State through such State’s transitional procedure under

section 1111(b)(7)(B) for two consecutive years.

‘‘(B) Before identifying a local educational agency for

improvement under paragraph (1), the State educational agency

shall provide the local educational agency with an opportunity

to review the school-level data, including assessment data, on

which such identification is based. If the local educational

agency believes that such identification for improvement is

in error due to statistical or other substantive reasons, such

local educational agency may provide evidence to the State

educational agency to support such belief. ‘‘(4) LOCAL EDUCATIONAL AGENCY REVISIONS.—(A) Each

local educational agency identified under paragraph (3) shall,

in consultation with schools, parents, and educational experts,

revise its local educational agency plan under section 1112

in ways that have the greatest likelihood of improving the

performance of schools served by the local educational agency

under this part in meeting the State’s student performance

standards.

‘‘(B) Such revision shall include determining why the local

educational agency’s plan failed to bring about increased

achievement, and may include reviewing the local educational

agency’s plan in the context of the opportunity-to-learn standards or strategies developed by such State under the Goals

2000: Educate America Act.

‘‘(5) STATE EDUCATIONAL AGENCY RESPONSIBILITY.—(A) For

each local educational agency identified under paragraph (3),

the State educational agency shall—

‘‘(i) provide technical or other assistance, if requested,

as authorized under section 1117, to better enable the

local educational agency to—

‘‘(I) develop and implement the local educational

agency’s revised plan; and

‘‘(II) work with schools needing improvement; and

‘‘(ii) make available to the local educational agencies

farthest from meeting the State’s standards, if requested,

assistance under section 1117.

‘‘(B) Technical or other assistance may be provided by

the State educational agency directly, or by an institution of
H. R. 6—30

higher education, a private nonprofit organization, an educational service agency or other local consortium, a technical

assistance center, or other entities with experience in assisting

local educational agencies improve achievement, and may

include—

‘‘(i) interagency collaborative agreements between the

local educational agency and other public agencies to provide health, pupil services, and other social services needed

to remove barriers to learning; and

‘‘(ii) waivers or modification of requirements of State

law or regulation (in States in which such waivers are

permitted) that impede the ability of a local educational

agency to educate students.

‘‘(6) CORRECTIVE ACTION.—(A) Except as provided in

subparagraph (C), after providing technical assistance pursuant

to paragraph (5) and taking other remediation measures, the

State educational agency may take corrective action at any

time against a local educational agency that has been identified

under paragraph (3), but, during the fourth year following

identification under paragraph (3), shall take such action

against any local educational agency that still fails to make

adequate progress.

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

State law, determined and made public and disseminated by

the State educational agency, which may include—

‘‘(I) the withholding of funds;

‘‘(II) reconstitution of school district personnel;

‘‘(III) removal of particular schools from the jurisdiction

of the local educational agency and establishment of alternative arrangements for public governance and supervision

of such schools;

‘‘(IV) implementation of the opportunity-to-learn standards or strategies developed by such State under the Goals

2000: Educate America Act;

‘‘(V) appointment by the State educational agency of

a receiver or trustee to administer the affairs of the local

educational agency in place of the superintendent and

school board;

‘‘(VI) the abolition or restructuring of the local educational agency; ‘‘(VII) the authorizing of students to transfer from a

school operated by one local educational agency to a school

operated by another local educational agency; and ‘‘(VIII) a joint plan between the State and the local

educational agency that addresses specific elements of student performance problems and that specifies State and

local responsibilities under the plan.

‘‘(ii) Notwithstanding clause (i), corrective actions taken

pursuant to this part shall not include the actions described

in subclauses (I), (II), and (III) of clause (i) until the State

has developed assessments that meet the requirements of paragraph (3)(C) of section 1111(b).

‘‘(C) Prior to implementing any corrective action, the State

educational agency shall provide due process and a hearing

(if State law provides for such due process and a hearing)

to any local educational agency identified under paragraph

(3) and may refrain from such corrective action for one year
H. R. 6—31

after the four-year period described in subparagraph (A) to

the extent that the failure to make progress can be attributed

to such extenuating circumstances as determined by the State

educational agency.

‘‘(7) SPECIAL RULE.—Local educational agencies that for

at least two of the three years following identification under

paragraph (3) make adequate progress toward meeting the

State’s standards no longer need to be identified for local educational agency improvement.

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

to alter or otherwise affect the rights, remedies, and procedures

afforded school or school district employees under Federal, State,

or local laws (including applicable regulations or court orders) or

under the terms of collective bargaining agreements, memoranda

of understanding, or other agreements between such employees

and their employers.

‘‘SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.

‘‘(a) SYSTEM FOR SUPPORT.—

‘‘(1) STATE SUPPORT.—Each State educational agency shall

establish a statewide system of intensive and sustained support

and improvement for schools receiving funds under this part,

including schoolwide programs and schools in need of program

improvement, in order to increase the opportunity for all students in such schools to meet the State’s content standards

and student performance standards.

‘‘(2) MEETING REQUIREMENTS.—Funds reserved under section 1003(a) or appropriated under section 1002(f) shall be

used to meet the requirements of this section. In addition

to such funds a State educational agency may use State

administrative funds reserved under section 1603(c) to meet

such requirements.

‘‘(b) REGIONAL CENTERS.—Such a statewide system shall work

with and receive support and assistance from the comprehensive

regional technical assistance centers under part A of title XIII

and the educational regional laboratories under section 941(h) of

the Educational Research, Development, Dissemination, and

Improvement Act of 1994.

‘‘(c) PROVISIONS.—The system shall include at a minimum, the

following:‘‘(1) SCHOOL SUPPORT TEAMS.— ‘‘(A) Each State educational agency, in consultation

with local educational agencies and schools, shall establish

a system of school support teams to provide information

and assistance to schoolwide programs and to assist such

programs in providing an opportunity to all students to

meet the State’s student performance standards.

‘‘(B) If funds are sufficient, school support teams shall

provide information and assistance to—

‘‘(i) schools—

‘‘(I) in which the number of students in poverty

is equal to or greater than 75 percent of the total

number of students enrolled in such school; and

‘‘(II) identified as in need of improvement

under section 1116(c)(1); and

‘‘(ii) other schools in need of improvement.
H. R. 6—32

‘‘(C) Each such team shall be composed of persons,

including teachers, pupil services personnel, representatives of organizations knowledgeable about successful

schoolwide projects or comprehensive school reform (especially distinguished educators described in paragraph (3)),

and other persons who are knowledgeable about research

and practice on teaching and learning, particularly about

strategies for improving the educational opportunities for

low-achieving students (including alternative and applied

learning), such as representatives of institutions of higher

education, regional educational laboratories or research

centers, and outside consultant groups.

‘‘(D) A school support team shall work cooperatively

with each school and make recommendations as the school

develops the school’s schoolwide program plan or school

improvement plan, review each plan, and make recommendations to the school and the local educational

agency.

‘‘(E) During the operation of the schoolwide program

or during school improvement activities, a school support

team shall—

‘‘(i) periodically review the progress of the school

in enabling children in the school to meet the State’s

student performance standards under this part;

‘‘(ii) identify problems in the design and operation

of the instructional program; and

‘‘(iii) make recommendations for improvement to

the school and the local educational agency. ‘‘(2) DISTINGUISHED SCHOOLS.— ‘‘(A) Each State shall designate as a distinguished

school any school served under this part which, for three

consecutive years, has exceeded the State’s definition of

adequate progress as defined in section 1111(b)(2)(A)(i),

and, any school in which— ‘‘(i) virtually all students have met the State’s

advanced level of student performance; and

‘‘(ii) equity in participation and achievement of

students by sex has been achieved or significantly

improved.

‘‘(B) Schools designated under this paragraph may

serve as models and provide support to other schools, especially schoolwide programs and schools in school improvement, to assist such schools in meeting the State’s student

performance standards.

‘‘(C) States shall use funds reserved under section

1003(a) and funds made available under section 1002(f)

to allow schools identified under this paragraph to carry

out the activities described in subparagraph (B) and may

use such funds to provide awards to such schools to further

such school’s education programs under this part, provide

additional incentives for continued success, and reward

individuals or groups in the school for exemplary performance.

‘‘(D) A local educational agency may also recognize

the success of a distinguished school by providing additional

institutional and individual rewards, such as greater

decisionmaking authority at the school building level,
H. R. 6—33

increased access to resources or supplemental services such

as summer programs that may be used to sustain or

increase success, additional professional development

opportunities, opportunities to participate in special

projects, and individual financial bonuses.

‘‘(3) DISTINGUISHED EDUCATORS.—

‘‘(A) In order to provide assistance to schools and local

educational agencies identified as needing improvement

and schools participating in schoolwide programs, each

State, in consultation with local educational agencies and

using funds reserved under section 1003(a) and made available under section 1002(f), shall establish a corps of distinguished educators.

‘‘(B) When possible, distinguished educators shall be

chosen from schools served under this part that have been

especially successful in enabling children to meet or make

outstanding progress toward meeting the State’s student

performance standards, such as the schools described in

paragraph (2).

‘‘(C) Distinguished educators shall provide, as part of

the statewide system, intensive and sustained assistance

to the schools and local educational agencies farthest from

meeting the State’s student performance standards and

to schoolwide programs as such programs develop and

implement their plans, including participation in the support teams described in paragraph (1).

‘‘(d) IMPLEMENTATION.—In order to implement this section

funds reserved under section 1003(a) and funds made available

under section 1002(f) may be used by a State for release time

for teachers and administrators, travel, training, and other related

costs.

‘‘(e) ALTERNATIVES.—The State may devise additional

approaches to providing the assistance described in paragraphs

(1) and (3) of subsection (c), such as providing assistance through

institutions of higher education and educational service agencies

or other local consortia, and the State may seek approval from

the Secretary to use funds reserved under section 1003 and funds

made available under section 1002(f) for such approaches as part

of the State plan.

‘‘SEC. 1118. PARENTAL INVOLVEMENT.

‘‘(a) LOCAL EDUCATIONAL AGENCY POLICY.—

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

funds under this part only if such agency implements programs,

activities, and procedures for the involvement of parents in

programs assisted under this part consistent with the provisions

of this section. Such activities shall be planned and implemented with meaningful consultation with parents of participating children.

‘‘(2) WRITTEN POLICY.—Each local educational agency that

receives funds under this part shall develop jointly with, agree

upon with, and distribute to, parents of participating children

a written parent involvement policy that is incorporated into

the local educational agency’s plan developed under section

1112, establishes the expectations for parent involvement, and

describes how the local educational agency will—
H. R. 6—34

‘‘(A) involve parents in the joint development of the

plan under section 1112, and the process of school review

and improvement under section 1116;

‘‘(B) provide the coordination, technical assistance, and

other support necessary to assist participating schools in

planning and implementing effective parent involvement;

‘‘(C) build the schools’ and parents’ capacity for strong

parent involvement as described in subsection (e);

‘‘(D) coordinate and integrate parental involvement

strategies under this part with parental involvement strategies under other programs, such as Head Start, Even Start,

the Parents as Teachers Program, the Home Instruction

Program for Preschool Youngsters, and State-run preschool

programs;

‘‘(E) conduct, with the involvement of parents, an

annual evaluation of the content and effectiveness of the

parental involvement policy developed under this section—

‘‘(i) to determine the effectiveness of the policy

in increasing the participation of parents; and

‘‘(ii) to identify barriers to greater participation

by parents in activities authorized by this section, giving particular attention to parents who are economically disadvantaged, are disabled, have limited English

proficiency, have limited literacy, or are of any racial

or ethnic minority background; and

‘‘(F) use the findings of the evaluations described in

subparagraph (E) in designing strategies for school

improvement and revising, if necessary, the parental

involvement policies described in this subsection and subsection (b)(1).

‘‘(3) RESERVATION.—(A) Each local educational agency shall

reserve not less than 1 percent of such agency’s allocation

under this part to carry out this section, including family literacy and parenting skills, except that this paragraph shall

not apply if 1 percent of such agency’s allocation under this

part (other than funds allocated under section 1002(e)) for

the fiscal year for which the determination is made is $5,000

or less.

‘‘(B) Parents of children receiving services under this part

shall be involved in the decisions regarding how funds reserved

under subparagraph (A) are allotted for parental involvement

activities.

‘‘(b) SCHOOL PARENTAL INVOLVEMENT POLICY.—

‘‘(1) IN GENERAL.—Each school served under this part shall

jointly develop with, and distribute to, parents of participating

children a written parental involvement policy, agreed upon

by such parents, that shall describe the means for carrying

out the requirements of subsections (c) through (f). Such policy

shall be updated periodically to meet the changing needs of

parents and the school.

‘‘(2) SPECIAL RULE.—If the school has a parental involvement policy that applies to all parents, such school may amend

that policy, if necessary, to meet the requirements of this subsection.

‘‘(3) AMENDMENT.—If the local educational agency has a

school district-level parental involvement policy that applies
H. R. 6—35

to all parents, such agency may amend that policy, if necessary,

to meet the requirements of this subsection.

‘‘(4) PARENTAL COMMENTS.—If the plan under section 1112

is not satisfactory to the parents of participating children,

the local educational agency shall submit any parent comments

with such plan when such local educational agency submits

the plan to the State.

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

shall—

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

to which all parents of participating children shall be invited

and encouraged to attend, to inform parents of their school’s

participation under this part and to explain this part, its

requirements, and their right to be involved;

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

in the morning or evening, and may provide, with funds provided under this part, transportation, child care, or home visits,

as such services relate to parental involvement;

‘‘(3) involve parents, in an organized, ongoing, and timely

way, in the planning, review, and improvement of programs

under this part, including the school parental involvement policy and the joint development of the schoolwide program plan

under section 1114(b), except that if a school has in place

a process for involving parents in the joint planning and design

of its programs, the school may use that process, if such process

includes an adequate representation of parents of participating

children;

‘‘(4) provide parents of participating children— ‘‘(A) timely information about programs under this

part;

‘‘(B) school performance profiles required under section

1116(a)(3) and their child’s individual student assessment

results, including an interpretation of such results, as

required under section 1111(b)(3)(H);

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

in use at the school, the forms of assessment used to

measure student progress, and the proficiency levels students are expected to meet;

‘‘(D) opportunities for regular meetings to formulate

suggestions, share experiences with other parents, and

participate as appropriate in decisions relating to the education of their children if such parents so desire; and

‘‘(E) timely responses to parents’ suggestions under subparagraph (D); and

‘‘(5) if the schoolwide program plan under section 1114(b)(2)

is not satisfactory to the parents of participating children,

submit any parent comments on the plan when the school

makes the plan available to the local educational agency.

‘‘(d) SHARED RESPONSIBILITIES FOR HIGH STUDENT PERFORMANCE.—As a component of the school-level parental involvement

policy developed under subsection (b), each school served under

this part shall jointly develop with parents for all children served

under this part a school-parent compact that outlines how parents,

the entire school staff, and students will share the responsibility

for improved student achievement and the means by which the

school and parents will build and develop a partnership to help

children achieve the State’s high standards. Such compact shall—
H. R. 6—36

‘‘(1) describe the school’s responsibility to provide highquality curriculum and instruction in a supportive and effective

learning environment that enables the children served under

this part to meet the State’s student performance standards,

and the ways in which each parent will be responsible for

supporting their children’s learning, such as monitoring attendance, homework completion, and television watching; volunteering in their child’s classroom; and participating, as appropriate,

in decisions relating to the education of their children and

positive use of extracurricular time; and

‘‘(2) address the importance of communication between

teachers and parents on an ongoing basis through, at a minimum—

‘‘(A) parent-teacher conferences in elementary schools,

at least annually, during which the compact shall be discussed as the compact relates to the individual child’s

achievement;

‘‘(B) frequent reports to parents on their children’s

progress; and

‘‘(C) reasonable access to staff, opportunities to volunteer and participate in their child’s class, and observation

of classroom activities.

‘‘(e) BUILDING CAPACITY FOR INVOLVEMENT.—To ensure effective

involvement of parents and to support a partnership among the

school, parents, and the community to improve student achievement, each school and local educational agency—

‘‘(1) shall provide assistance to participating parents in

such areas as understanding the National Education Goals,

the State’s content standards and State student performance

standards, the provisions of section 1111(b)(8), State and local

assessments, the requirements of this part, and how to monitor

a child’s progress and work with educators to improve the

performance of their children as well as information on how

parents can participate in decisions relating to the education

of their children;

‘‘(2) shall provide materials and training, such as— ‘‘(A) coordinating necessary literacy training from other

sources to help parents work with their children to improve

their children’s achievement; and

‘‘(B) training to help parents to work with their children to improve their children’s achievement;

‘‘(3) shall educate teachers, pupil services personnel, principals and other staff, with the assistance of parents, in the

value and utility of contributions of parents, and in how to

reach out to, communicate with, and work with parents as

equal partners, implement and coordinate parent programs,

and build ties between home and school;

‘‘(4) shall coordinate and integrate parent involvement programs and activities with Head Start, Even Start, the Home

Instruction Programs for Preschool Youngsters, the Parents

as Teachers Program, and public preschool programs and other

programs, to the extent feasible and appropriate;

‘‘(5) shall develop appropriate roles for community-based

organizations and businesses in parent involvement activities,

including providing information about opportunities for

organizations and businesses to work with parents and schools,

and encouraging the formation of partnerships between
H. R. 6—37

elementary, middle, and secondary schools and local businesses

that include a role for parents;

‘‘(6) shall conduct other activities, as appropriate and feasible, such as parent resource centers and providing opportunities for parents to learn about child development and child

rearing issues beginning at the birth of a child, that are

designed to help parents become full partners in the education

of their children;

‘‘(7) shall ensure, to the extent possible, that information

related to school and parent programs, meetings, and other

activities is sent to the homes of participating children in

the language used in such homes;

‘‘(8) may involve parents in the development of training

for teachers, principals, and other educators to improve the

effectiveness of such training in improving instruction and services to the children of such parents;

‘‘(9) may provide necessary literacy training from funds

received under this part if the local educational agency has

exhausted all other reasonably available sources of funding

for such activities;

‘‘(10) may pay reasonable and necessary expenses associated with local parental involvement activities, including

transportation and child care costs, to enable parents to participate in school-related meetings and training sessions;

‘‘(11) may train and support parents to enhance the involvement of other parents;

‘‘(12) may arrange meetings at a variety of times, such

as in the mornings and evenings, in order to maximize the

opportunities for parents to participate in school related activities;

‘‘(13) may arrange for teachers or other educators, who

work directly with participating children, to conduct in-home

conferences with parents who are unable to attend such conferences at school;

‘‘(14) may adopt and implement model approaches to

improving parental involvement, such as Even Start; and ‘‘(15) shall provide such other reasonable support for parental involvement activities under this section as parents may

request.

‘‘(f) ACCESSIBILITY.—In carrying out the parental involvement

requirements of this part, local educational agencies and schools,

to the extent practicable, shall provide full opportunities for the

participation of parents with limited English proficiency or with

disabilities, including providing information and school profiles in

a language and form such parents understand.

‘‘(g) PARENTAL INFORMATION AND RESOURCE CENTERS.—In

States where parental information and resource centers have been

established pursuant to section 401 of the Goals 2000: Educate

America Act of 1994 (to provide training, information, and support

to parents and individuals who work with parents), local educational

agencies and schools receiving assistance under this part shall

assist parents and parent organizations by informing such parents

and organizations of the existence and purpose of such centers,

providing such parents and organizations with a description of

the services and programs provided by such centers, advising parents on how to use such centers, and helping parents to contact

such centers.
H. R. 6—38

‘‘SEC. 1119. PROFESSIONAL DEVELOPMENT.

‘‘(a) PROGRAM REQUIREMENTS.—

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

assistance under this part shall provide high-quality professional development that will improve the teaching of the academic subjects, consistent with the State content standards,

in order to enable all children to meet the State’s student

performance standards.

‘‘(2) PROGRAM DESIGN.—Such professional development

activities shall be designed by principals, teachers, and other

school staff in schools receiving assistance under this part.

‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—

‘‘(1) REQUIRED ACTIVITIES.—Such professional development

activities shall—

‘‘(A) support instructional practices that are geared

to challenging State content standards and create a school

environment conducive to high achievement in the academic subjects;

‘‘(B) support local educational agency plans under section 1112 and school plans under section 1114;

‘‘(C) draw on resources available under this part, title

III of the Goals 2000: Educate America Act, title II of

this Act, and from other sources;

‘‘(D) where appropriate, as determined by the local

educational agency, include strategies for developing curricula and teaching methods that integrate academic and

vocational instruction (including applied learning and team

teaching strategies); and

‘‘(E) include strategies for identifying and eliminating

gender and racial bias in instructional materials, methods,

and practices.

‘‘(2) OPTIONAL ACTIVITIES.—Such professional development

activities may include—

‘‘(A) instruction in the use of assessments;

‘‘(B) instruction in ways that teachers, principals, pupil

services personnel, and school administrators may work

more effectively with parents;

‘‘(C) the forming of partnerships with institutions of

higher education to establish school-based teacher training

programs that provide prospective teachers and novice

teachers with an opportunity to work under the guidance

of experienced teachers and college faculty;

‘‘(D) instruction in the use of technology;

‘‘(E) the creation of career ladder programs for paraprofessionals (assisting teachers under this part) to obtain

the education necessary for such paraprofessionals to

become licensed and certified teachers;

‘‘(F) instruction in ways to teach special needs children;

‘‘(G) instruction in gender-equitable education methods,

techniques, and practices;

‘‘(H) joint professional development activities involving

programs under this part, Head Start, Even Start, or Staterun preschool program personnel; and

‘‘(I) instruction in experiential-based teaching methods

such as service learning.
H. R. 6—39

‘‘(c) PROGRAM PARTICIPATION.—Each local educational agency

receiving assistance under this part is encouraged to design professional development programs so that—

‘‘(1) all school staff in schools participating in a schoolwide

program under section 1114 can participate in professional

development activities; and

‘‘(2) all school staff in targeted assistance schools may

participate in professional development activities if such participation will result in better addressing the needs of students

served under this part.

‘‘(d) PARENTAL PARTICIPATION.—Parents may participate in

professional development activities under this part if the school

determines that parental participation is appropriate.

‘‘(e) CONSORTIA.—In carrying out such professional development

programs, local educational agencies may provide services through

consortia arrangements with other local educational agencies, educational service agencies or other local consortia, institutions of

higher education, or other public or private institutions or organizations.

‘‘(f) EFFECTIVE TEACHING STRATEGIES.—Knowledge of effective

teaching strategies that is gained through professional development

activities under this section may be shared with teachers who

are not participating in targeted assistance programs under this

part.

‘‘(g) COMBINATIONS OF FUNDS.—Funds provided under this part

that are used for professional development purposes may be combined with funds provided under title II of this Act, title III of

the Goals 2000: Educate America Act, and other sources.

‘‘(h) STATE REVIEW.— ‘‘(1) IN GENERAL.—The State educational agency shall review the local educational agency’s plan under section 1112(b)

to determine if such agency’s professional development activities—

‘‘(A) are tied to challenging State student content and

student performance standards;

‘‘(B) reflect research on teaching and learning where

possible;

‘‘(C) are designed to have a positive impact on the

teacher’s performance in the classroom;

‘‘(D) contribute to continuous improvement in the classroom or throughout the school; ‘‘(E) include methods to teach children with special

needs;

‘‘(F) are developed with the extensive participation of

teachers; and

‘‘(G) include gender-equitable education methods, techniques, and practices.

‘‘(2) TECHNICAL ASSISTANCE.—If a local educational agency’s

plan for professional development does not include the activities

described in paragraph (1), the State educational agency shall

provide technical assistance to such local educational agencies

to enable such agencies to make progress toward inclusion

of such activities in the local educational agency’s professional

development activities.

‘‘(3) SPECIAL RULE.—No State educational agency shall

require a school or a local educational agency to expend a

specific amount of funds for professional development activities
H. R. 6—40

under this part, except that this paragraph shall not apply

with respect to requirements under section 1116(d)(6).

‘‘(i) INSTRUCTIONAL AIDES.—

‘‘(1) IN GENERAL.—If a local educational agency uses funds

received under this part to employ instructional aides, the

local educational agency shall ensure that such aides—

‘‘(A) possess the knowledge and skills sufficient to

assist participating children in meeting the educational

goals of this part;

‘‘(B) have a secondary school diploma, or its recognized

equivalent, or earn either within two years of employment,

except that a local educational agency may employ an

instructional aide that does not meet the requirement of

this subparagraph if such aide possesses proficiency in

a language other than English that is needed to enhance

the participation of children in programs under this part;

and

‘‘(C) are under the direct supervision of a teacher who

has primary responsibility for providing instructional services to eligible children.

‘‘(2) INCLUSION IN ACTIVITIES.—Each local educational

agency receiving funds under this part, when feasible, shall

include instructional aides in professional development activities.

‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE

SCHOOLS.

‘‘(a) GENERAL REQUIREMENT.— ‘‘(1) IN GENERAL.—To the extent consistent with the number

of eligible children identified under section 1115(b) in a local

educational agency who are enrolled in private elementary

and secondary schools, a local educational agency shall, after

timely and meaningful consultation with appropriate private

school officials, provide such children, on an equitable basis,

special educational services or other benefits under this part

(such as dual enrollment, educational radio and television, computer equipment and materials, other technology, and mobile

educational services and equipment).

‘‘(2) SECULAR, NEUTRAL, NONIDEOLOGICAL.—Such educational services or other benefits, including materials and

equipment, shall be secular, neutral, and nonideological. ‘‘(3) EQUITY.—Educational services and other benefits for

such private school children shall be equitable in comparison

to services and other benefits for public school children participating under this part.

‘‘(4) EXPENDITURES.—Expenditures for educational services

and other benefits to eligible private school children shall be

equal to the proportion of funds allocated to participating school

attendance areas based on the number of children from lowincome families who attend private schools.

‘‘(5) PROVISION OF SERVICES.—The local educational agency

may provide such services directly or through contracts with

public and private agencies, organizations, and institutions.

‘‘(b) CONSULTATION.—

‘‘(1) IN GENERAL.—To ensure timely and meaningful consultation, a local educational agency shall consult with

appropriate private school officials during the design and devel-
H. R. 6—41

opment of such agency’s programs under this part, on issues

such as—

‘‘(A) how the children’s needs will be identified;

‘‘(B) what services will be offered;

‘‘(C) how and where the services will be provided;

‘‘(D) how the services will be assessed; and

‘‘(E) the size and scope of the equitable services to

be provided to the eligible private school children, and

what is the proportion of funds allocated under subsection

(a)(4) for such services.

‘‘(2) TIMING.—Such consultation shall occur before the local

educational agency makes any decision that affects the

opportunities of eligible private school children to participate

in programs under this part.

‘‘(3) DISCUSSION.—Such consultation shall include a discussion of service delivery mechanisms a local educational agency

can use to provide equitable services to eligible private school

children.

‘‘(c) PUBLIC CONTROL OF FUNDS.—

‘‘(1) IN GENERAL.—The control of funds provided under

this part, and title to materials, equipment, and property purchased with such funds, shall be in a public agency, and a

public agency shall administer such funds and property.

‘‘(2) PROVISION OF SERVICES.—(A) The provision of services

under this section shall be provided—

‘‘(i) by employees of a public agency; or

‘‘(ii) through contract by such public agency with an

individual, association, agency, or organization.

‘‘(B) In the provision of such services, such employee, person, association, agency, or organization shall be independent

of such private school and of any religious organization, and

such employment or contract shall be under the control and

supervision of such public agency.

‘‘(d) STANDARDS FOR A BYPASS.—If a local educational agency

is prohibited by law from providing for the participation on an

equitable basis of eligible children enrolled in private elementary

and secondary schools or if the Secretary determines that a local

educational agency has substantially failed or is unwilling to provide

for such participation, as required by this section, the Secretary

shall—

‘‘(1) waive the requirements of this section for such local

educational agency; and

‘‘(2) arrange for the provision of services to such children

through arrangements that shall be subject to the requirements

of this section and sections 14505 and 14506.

‘‘(e) CAPITAL EXPENSES.—

‘‘(1) IN GENERAL.—(A) From the amount appropriated for

this subsection under section 1002(e) for any fiscal year, each

State is eligible to receive an amount that bears the same

ratio to the amount so appropriated as the number of private

school children who received services under this part in the

State in the most recent year for which data satisfactory to

the Secretary are available bears to the number of such children

in all States in that same year.

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

under subparagraph (A) that are not used by a State for the
H. R. 6—42

purpose of this subsection to other States on the basis of their

respective needs, as determined by the Secretary.

‘‘(2) CAPITAL EXPENSES.—(A) A local educational agency

may apply to the State educational agency for payments for

capital expenses consistent with this subsection.

‘‘(B) State educational agencies shall distribute such funds

under this subsection to local educational agencies based on

the degree of need set forth in their respective applications

for assistance under this subsection.

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

out this subsection shall be used only for capital expenses

incurred to provide equitable services for private school children

under this section.

‘‘(4) DEFINITION.—For the purpose of this subsection, the

term ‘capital expenses’ means—

‘‘(A) expenditures for noninstructional goods and services, such as the purchase, lease, or renovation of real

and personal property, including mobile educational units

and leasing of neutral sites or spaces;

‘‘(B) insurance and maintenance costs;

‘‘(C) transportation; and

‘‘(D) other comparable goods and services.

‘‘SEC. 1120A. FISCAL REQUIREMENTS.

‘‘(a) MAINTENANCE OF EFFORT.—A local educational agency may

receive funds under this part for any fiscal year only if the State

educational agency finds that the local educational agency has

maintained its fiscal effort in accordance with section 14501 of

this Act.

‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NON- FEDERAL FUNDS.— ‘‘(1) IN GENERAL.—(A) Except as provided in subparagraph (B), a State or local educational agency shall use funds received

under this part only to supplement the amount of funds that

would, in the absence of such Federal funds, be made available

from non-Federal sources for the education of pupils participating in programs assisted under this part, and not to supplant

such funds.

‘‘(B) For the purpose of complying with subparagraph (A),

a State or local educational agency may exclude supplemental

State and local funds expended in any eligible school attendance

area or school for programs that meet the requirements of

section 1114 or 1115.

‘‘(2) SPECIAL RULE.—No local educational agency shall be

required to provide services under this part through a particular

instructional method or in a particular instructional setting

in order to demonstrate such agency’s compliance with paragraph (1).

‘‘(c) COMPARABILITY OF SERVICES.—

‘‘(1) IN GENERAL.—(A) Except as provided in paragraphs

(4) and (5), a local educational agency may receive funds under

this part only if State and local funds will be used in schools

served under this part to provide services that, taken as a

whole, are at least comparable to services in schools that are

not receiving funds under this part.

‘‘(B) If the local educational agency is serving all of such

agency’s schools under this part, such agency may receive funds
H. R. 6—43

under this part only if such agency will use State and local

funds to provide services that, taken as a whole, are substantially comparable in each school.

‘‘(C) A local educational agency may meet the requirements

of subparagraphs (A) and (B) on a grade-span by grade-span

basis or a school-by-school basis.

‘‘(2) WRITTEN ASSURANCE.—(A) A local educational agency

shall be considered to have met the requirements of paragraph

(1) if such agency has filed with the State educational agency

a written assurance that such agency has established and

implemented—

‘‘(i) a local educational agency-wide salary schedule;

‘‘(ii) a policy to ensure equivalence among schools in

teachers, administrators, and other staff; and

‘‘(iii) a policy to ensure equivalence among schools in

the provision of curriculum materials and instructional

supplies.

‘‘(B) For the purpose of subparagraph (A), in the determination of expenditures per pupil from State and local funds,

or instructional salaries per pupil from State and local funds,

staff salary differentials for years of employment shall not

be included in such determinations.

‘‘(C) A local educational agency need not include unpredictable changes in student enrollment or personnel assignments

that occur after the beginning of a school year in determining

comparability of services under this subsection.

‘‘(3) PROCEDURES AND RECORDS.—Each local educational

agency assisted under this part shall—

‘‘(A) develop procedures for compliance with this subsection; and

‘‘(B) maintain records that are updated biennially documenting such agency’s compliance with this subsection.

‘‘(4) INAPPLICABILITY.—This subsection shall not apply to

a local educational agency that does not have more than one

building for each grade span.

‘‘(5) COMPLIANCE.—For the purpose of determining compliance with paragraph (1), a local educational agency may exclude

State and local funds expended for—

‘‘(A) bilingual education for children of limited English

proficiency; and

‘‘(B) excess costs of providing services to children with

disabilities as determined by the local educational agency.

‘‘SEC. 1120B. COORDINATION REQUIREMENTS.

‘‘(a) IN GENERAL.—Each local educational agency receiving

assistance under this part shall carry out the activities described

in subsection (b) to the extent feasible and appropriate to the

circumstances, including the extent to which such local educational

agency is able to secure the cooperation of parents and local Head

Start agencies and, if feasible, other early childhood development

programs.

‘‘(b) ACTIVITIES.—The activities referred to in subsection (a)

are activities that increase coordination between the local educational agency and a Head Start agency, and, if feasible, other

early childhood development programs, serving children who will

attend the schools of such agency, including—
H. R. 6—44

‘‘(1) developing and implementing a systematic procedure

for receiving records regarding such children transferred with

parental consent from a Head Start program or, where

applicable, other early childhood development programs;

‘‘(2) establishing channels of communication between school

staff and their counterparts in such Head Start agencies

(including teachers, social workers, and health staff) or other

early childhood development programs, as appropriate, to facilitate coordination of programs;

‘‘(3) conducting meetings involving parents, kindergarten

or elementary school teachers, and Head Start teachers or,

if appropriate, teachers from other early childhood development

programs, to discuss the developmental and other needs of

individual children; and

‘‘(4) organizing and participating in joint transition related

training of school staff, Head Start staff, and, where appropriate, other early childhood staff.

‘‘(c) COORDINATION OF REGULATIONS.—The Secretary shall work

with the Secretary of Health and Human Services to coordinate

regulations promulgated under this part with regulations promulgated under the Head Start Act Amendments of 1994.

‘‘Subpart 2—Allocations

‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY

OF THE INTERIOR.

‘‘(a) RESERVATION OF FUNDS.—From the amount appropriated

for payments to States for any fiscal year under section 1002(a),

the Secretary shall reserve a total of 1 percent to provide assistance

to—

‘‘(1) the outlying areas on the basis of their respective

need for such assistance according to such criteria as the Secretary determines will best carry out the purpose of this part;

and

‘‘(2) the Secretary of the Interior in the amount necessary

to make payments pursuant to subsection (c).

‘‘(b) ASSISTANCE TO THE OUTLYING AREAS.— ‘‘(1) IN GENERAL.—From amounts made available under

subsection (a) in each fiscal year the Secretary shall make

grants to local educational agencies in the outlying areas (other

than the outlying areas assisted under paragraph (3)). ‘‘(2) COMPETITIVE GRANTS.—(A) The Secretary shall reserve

$5,000,000 from the amounts made available under subsection

(a) in each fiscal year to award grants on a competitive basis,

to local educational agencies in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic

of Palau. The Secretary shall award such grants according

to the recommendations of the Pacific Region Educational Laboratory which shall conduct a competition for such grants.

‘‘(B) Except as provided in subparagraph (D), grant funds

awarded under this part only may be used for programs

described in this Act, including teacher training, curriculum

development, instructional materials, or general school

improvement and reform.

‘‘(C) Grant funds awarded under this paragraph only may

be used to provide direct educational services.
H. R. 6—45

‘‘(D) The Secretary may provide 5 percent of the amount

made available for grants under this paragraph to pay the

administrative costs of the Pacific Region Educational Laboratory regarding activities assisted under this paragraph.

‘‘(c) ALLOTMENT TO THE SECRETARY OF THE INTERIOR.—

‘‘(1) IN GENERAL.—The amount allotted for payments to

the Secretary of the Interior under subsection (a)(2) for any

fiscal year shall be, as determined pursuant to criteria established by the Secretary, the amount necessary to meet the

special educational needs of—

‘‘(A) Indian children on reservations served by

elementary and secondary schools for Indian children operated or supported by the Department of the Interior; and

‘‘(B) out-of-State Indian children in elementary and

secondary schools in local educational agencies under special contracts with the Department of the Interior.

‘‘(2) PAYMENTS.—From the amount allotted for payments

to the Secretary of the Interior under subsection (a)(2), the

Secretary of the Interior shall make payments to local educational agencies, upon such terms as the Secretary determines

will best carry out the purposes of this part, with respect

to out-of-State Indian children described in paragraph (1). The

amount of such payment may not exceed, for each such child,

the greater of—

‘‘(A) 40 percent of the average per pupil expenditure

in the State in which the agency is located; or

‘‘(B) 48 percent of such expenditure in the United

States.

‘‘SEC. 1122. ALLOCATIONS TO STATES.

‘‘(a) IN GENERAL.— ‘‘(1) FISCAL YEAR 1995.—For fiscal year 1995, appropriations

for this part shall be allocated according to the provisions

of sections 1005, except subsection (a)(3), and 1006, part A

of chapter 1 of title I, Elementary and Secondary Education

Act of 1965, as in effect on September 30, 1994, except that

the State minimum for section 1005 shall be the lesser of

0.25 percent of total appropriations or the average of 0.25

percent of total appropriations and 150 percent of the national

average grant per child counted for grants under section 1005

multiplied by the State’s number of children counted for such

grants, and for grants under section 1006, the State minimum

shall be the lesser of—

‘‘(A) 0.25 percent of total appropriations; and

‘‘(B) the average of—

‘‘(i) 0.25 percent of total appropriations; and

‘‘(ii) the greater of 150 percent of the national

average grant per child counted for grants under such

section 1006 multiplied by the State total number of

such children, or $340,000.

‘‘(2) SUCCEEDING FISCAL YEARS.—For fiscal years 1996

through 1999, an amount of the appropriations for this part

equal to the appropriation for fiscal year 1995 for section 1005,

shall be allocated in accordance with section 1124, and an

amount equal to the appropriation for fiscal year 1995 for

section 1006 shall be allocated in accordance with section

1124A. Any additional appropriations under section 1002(a)
H. R. 6—46

for any fiscal year, after application of the preceding sentence,

shall be allocated in accordance with section 1125.

‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.—

‘‘(1) IN GENERAL.—If the sums available under this part

for any fiscal year are insufficient to pay the full amounts

that all local educational agencies in States are eligible to

receive under sections 1124, 1124A, and 1125 for such year,

the Secretary shall ratably reduce the allocations to such local

educational agencies, subject to subsections (c) and (d) of this

section.

‘‘(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under sections 1124, 1124A, and

1125 for such fiscal year, allocations that were reduced under

paragraph (1) shall be increased on the same basis as they

were reduced.

‘‘(c) HOLD-HARMLESS AMOUNTS.—

‘‘(1) IN GENERAL.—For fiscal year 1995, notwithstanding

subsection (b) and without regard to amounts available for

delinquent children under subpart 2 of part D, the amount

made available to each local educational agency under such

section 1005 shall be at least 85 percent of the amount such

local educational agency received for the preceding year under

such section 1005.

‘‘(2) FISCAL YEAR 1996.—Notwithstanding subsection (b) and

without regard to amounts available for delinquent children

under subpart 2 of part D, for fiscal year 1996 the total amount

made available to each local educational agency under each

of sections 1124 and 1124A for any fiscal year shall be at

least 100 percent of the total amount such local educational

agency was allocated under such sections (or their predecessor

authorities) for the preceding fiscal year. ‘‘(3) FISCAL YEARS 1997–1999.—For fiscal years 1997 through 1999, notwithstanding subsection (b) and without regard to

amounts available for delinquent children under subpart 2

of part D, the amount made available to each local educational

agency under each of sections 1124 and 1125 shall be at least

95 percent of the previous year’s amount if the number of

children counted for grants under section 1124 is at least 30

percent of the total number of children aged 5 to 17 years,

inclusive, in the local educational agency, 90 percent of the

previous year amount if this percentage is between 15 percent

and 30 percent, and 85 percent if this percentage is below

15 percent. For fiscal years 1997 and 1998, in calculating

grants on the basis of population data for counties, the Secretary shall apply the hold-homeless percentages in the preceding sentence to counties. For fiscal years 1996 through 1998,

if the Secretary’s allocation for a county is not sufficient to

meet the hold-harmless requirements of this paragraph for

every local educational agency within that county, then the

State educational agency shall reallocate funds proportionately

from all other local educational agencies in the State that

are receiving funds in excess of the hold-harmless amounts

specified in this paragraph.

‘‘(d) RATABLE REDUCTIONS.—

‘‘(1) IN GENERAL.—If the sums made available under this

part for any fiscal year are insufficient to pay the full amounts

that all States are eligible to receive under subsection (c) for
H. R. 6—47

such year, the Secretary shall ratably reduce such amounts

for such year.

‘‘(2) ADDITIONAL FUNDS.—If additional funds become available for making payments under subsection (c) for such fiscal

year, amounts that were reduced under paragraph (1) shall

be increased on the same basis as such amounts reduced.

‘‘(e) DEFINITION.—For the purpose of this section and sections

1124 and 1125, the term State means each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto Rico.

‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) AMOUNT OF GRANTS.—

‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGENCIES AND PUERTO

RICO.—The grant which a local educational agency in a State

is eligible to receive under this subpart for a fiscal year shall

(except as provided in section 1126), be determined by multiplying the number of children counted under subsection (c) by

40 percent of the amount determined under the next sentence.

The amount determined under this sentence shall be the average per pupil expenditure in the State except that—

‘‘(A) if the average per pupil expenditure in the State

is less than 80 percent of the average per pupil expenditure

in the United States, such amount shall be 80 percent

of the average per pupil expenditure in the United States;

or

‘‘(B) if the average per pupil expenditure in the State

is more than 120 percent of the average per pupil expenditure in the United States, such amount shall be 120 percent

of the average per pupil expenditure in the United States.

‘‘(2) BASIS FOR CALCULATING GRANTS.—For fiscal years 1995

through 1998, grants shall be calculated by the Secretary on

the basis of the number of children counted under subsection

(c) for counties, and State educational agencies shall suballocate

county amounts to local educational agencies, in accordance

with regulations published by the Secretary. In any State in

which a large number of local educational agencies overlap

county boundaries, the State educational agency may apply

to the Secretary for authority during any particular fiscal year

to make the allocations under this part (other than section

1124A) directly to local educational agencies without regard

to the counties. If the Secretary approves an application of

a State educational agency for a particular year under this

subparagraph, the State educational agency shall provide assurances that—

‘‘(A) such allocations will be made using precisely the

same factors for determining a grant as are used under

this part;

‘‘(B) such allocations will be made using alternative

data approved by the Secretary that the State determines

best reflects the distribution of children in poor families

and is adjusted to be equivalent in proportion to the number of children determined in accordance with subsection

(c); or

‘‘(C) such allocations will be made using data that

the State educational agency submits to the Secretary for

approval that more accurately target poverty.
H. R. 6—48

In addition, the State educational agency shall provide assurances that a procedure will be established through which local

educational agencies dissatisfied with the determinations made

by the State educational agency may appeal directly to the

Secretary for a final determination. Beginning in fiscal year

1999, grants shall be calculated by the Secretary on the basis

of population data compiled for local educational agencies,

unless the Secretary and the Secretary of Commerce determine

that use of the updated population data would be inappropriate

or unreliable taking into consideration the recommendations

of the study to be conducted by the National Academy of

Sciences. If the Secretary and the Secretary of Commerce determine that some or all of the data referred to in this paragraph

are inappropriate or unreliable, the Secretaries shall jointly

issue a report setting forth their reasons in detail. In years

when grants are calculated by the Secretary on the basis of

local educational agency data, for each local educational agency

serving an area with a total population of at least 20,000

persons, the grant under this section shall be the amount

determined by the Secretary. For local educational agencies

serving areas with total populations of fewer than 20,000 persons, the State educational agency may either—

‘‘(i) distribute to such local educational agencies grants

under this section equal to the amounts determined by

the Secretary; and

‘‘(ii) use an alternative method, approved by the Secretary, to distribute the share of the State’s total grants

under this section that is based on local educational agencies with total populations of fewer than 20,000 persons.

Such an alternative method of distributing grants under

this section among a State’s local educational agencies

serving areas with total populations of fewer than 20,000

persons shall be based upon population data that the State

educational agency determines best reflect the current distribution of children in poor families among the State’s

local educational agencies serving areas with total populations of fewer than 20,000 persons. If a local educational

agency serving an area with total population of less than

20,000 persons is dissatisfied with the determination of

its grant by the State education agency, then such local

educational agency may appeal this determination to the

Secretary. The Secretary must respond to this appeal

within 45 days of receipt.

‘‘(3) PUERTO RICO.—For each fiscal year, the Secretary shall

determine the percentage which the average per pupil expenditure in the Commonwealth of Puerto Rico is of the lowest

average per pupil expenditure of any of the 50 States. The

grant which the Commonwealth of Puerto Rico shall be eligible

to receive under this section for a fiscal year shall be the

amount arrived at by multiplying the number of children

counted under subsection (c) for the Commonwealth of Puerto

Rico by the product of—

‘‘(A) the percentage determined under the preceding

sentence; and

‘‘(B) 32 percent of the average per pupil expenditure

in the United States.
H. R. 6—49

‘‘(4) DEFINITION.—For purposes of this subsection, the term

‘State’ does not include Guam, American Samoa, the Virgin

Islands, the Northern Mariana Islands, and Palau.

‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—Subject to

the succeeding sentence, a local educational agency shall be eligible

for a basic grant for a fiscal year under this subpart only if the

number of children counted under subsection (c) in the school district of such local educational agency is at least 10. Beginning

in fiscal year 1996, no local educational agency shall be eligible

for a grant under this section if the number of children counted

for grants under this section is equal to 2 percent or less of the

total school age population in the local educational agency. For

fiscal years 1996 through 1998, grants not made as a result of

applying the preceding sentence shall be reallocated by the State

educational agency to other eligible local educational agencies in

the State in proportion to the distribution of other funds under

this section.

‘‘(c) CHILDREN TO BE COUNTED.—

‘‘(1) CATEGORIES OF CHILDREN.—The number of children

to be counted for purposes of this section is the aggregate

of—

‘‘(A) the number of children aged 5 to 17, inclusive,

in the school district of the local educational agency from

families below the poverty level as determined under paragraph (2);

‘‘(B) the number of children aged 5 to 17, inclusive,

in the school district of such agency from families above

the poverty level as determined under paragraph (5); and ‘‘(C) the number of children aged 5 to 17, inclusive,

in the school district of such agency in institutions for

neglected and delinquent children (other than such institutions operated by the United States), but not counted

pursuant to subpart 1 of part D for the purposes of a

grant to a State agency, or being supported in foster homes

with public funds.

‘‘(2) DETERMINATION OF NUMBER OF CHILDREN.—For the

purposes of this section, the Secretary shall determine the

number of children aged 5 to 17, inclusive, from families below

the poverty level on the basis of the most recent satisfactory

data, described in paragraph (3), available from the Department

of Commerce. For fiscal year 1999 and beyond, the District

of Columbia and the Commonwealth of Puerto Rico shall be

treated as individual local educational agencies. If a local educational agency contains two or more counties in their entirety,

then each county will be treated as if such county were a

separate local educational agency for purposes of calculating

grants under this part. The total of grants for such counties

shall be allocated to such a local educational agency, which

local educational agency shall distribute to schools in each

county within such agency a share of the local educational

agency’s total grant that is no less than the county’s share

of the population counts used to calculate the local educational

agency’s grant.

‘‘(3) POPULATION UPDATES.—In fiscal year 1997 and every

2 years thereafter, the Secretary shall use updated data on

the number of children, aged 5 to 17, inclusive, from families

below the poverty level for counties or local educational agen-
H. R. 6—50

cies, published by the Department of Commerce, unless the

Secretary and the Secretary of Commerce determine that use

of the updated population data would be inappropriate or

unreliable, taking into consideration the recommendations of

the study to be conducted by the National Academy of Sciences.

If the Secretary and the Secretary of Commerce determine

that some or all of the data referred to in this paragraph

are inappropriate or unreliable, they shall jointly issue a report

setting forth their reasons in detail. In determining the families

which are below the poverty level, the Secretary shall utilize

the criteria of poverty used by the Bureau of the Census in

compiling the most recent decennial census, in such form as

those criteria have been updated by increases in the Consumer

Price Index for all urban consumers, published by the Bureau

of Labor Statistics.

‘‘(4) STUDY.—(A) The Secretary of Education shall, within

30 days after the date of enactment of the Improving America’s

School’s Act of 1994, contract with the National Academy of

Sciences (hereafter in this section referred to as the ‘Academy’)

to study the program to produce intercensal poverty data for

small geographic areas and certain age cohorts being developed

by the Bureau of the Census.

‘‘(B) In conducting its study, the Academy shall consider

such matters as—

‘‘(i) the methodology used to produce and publish

intercensal poverty data, and possible alternative methods

to improve the usefulness of the data for Federal program

purposes;

‘‘(ii) the availability of alternative indicators of poverty

for small geographic areas, against which the poverty data

produced and published by the Bureau of the Census could

be compared;

‘‘(iii) the reliability of the poverty data produced and

published by the Bureau of the Census, particularly for

less populous geographic areas;

‘‘(iv) the reliability of intercensal poverty data produced

and published by the Bureau of the Census, as compared

over time to similar data produced by the Bureau of the

Census during the most recent decennial census; and

‘‘(v) the usefulness of poverty data produced and published by the Bureau of the Census for Federal programs

that allocate funds to State and sub-State areas based,

in whole or in part, on such data.

‘‘(C) The Academy shall submit to the Secretary and the

Secretary of Commerce, as well as to the Committee on Education and Labor and the Committee on Post Office and Civil

Service of the House of Representatives and the Committee

on Labor and Human Resources and the Committee on Governmental Affairs of the Senate—

‘‘(i) not later than 18 months after the date on which

a contract is entered into under subsection (a), and not

later than every 18 months thereafter, such interim reports

on the Academy’s activities under this Act that the Academy deems appropriate, including a detailed statement

of the Academy’s findings and conclusions with respect

to any poverty data which the Bureau of the Census pub-
H. R. 6—51

lishes and produces, within 90 days of such publication;

and

‘‘(ii) not later than December 31, 1998, a final report

which shall include a more detailed statement of the Academy’s findings and conclusions with respect to the use

of any intercensal poverty data produced and published

by the Bureau of the Census as the basis for allocating

Federal funds under this Act.

‘‘(D) Of the funds appropriated under section 1002(f) of

this Act, the Secretary shall use such sums as are necessary

in each of fiscal years 1995, 1996, 1997, 1998, and 1999 to

carry out the provisions of this paragraph.

‘‘(5) OTHER CHILDREN TO BE COUNTED.—For purposes of

this section, the Secretary shall determine the number of children aged 5 to 17, inclusive, from families above the poverty

level on the basis of the number of such children from families

receiving an annual income, in excess of the current criteria

of poverty, from payments under the program of aid to families

with dependent children under a State plan approved under

title IV of the Social Security Act; and in making such determinations the Secretary shall utilize the criteria of poverty

used by the Bureau of the Census in compiling the most recent

decennial census for a family of 4 in such form as those criteria

have been updated by increases in the Consumer Price Index

for all urban consumers, published by the Bureau of Labor

Statistics. The Secretary shall determine the number of such

children and the number of children of such ages living in

institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the

caseload data for the month of October of the preceding fiscal

year (using, in the case of children described in the preceding

sentence, the criteria of poverty and the form of such criteria

required by such sentence which were determined for the calendar year preceding such month of October) or, to the extent

that such data are not available to the Secretary before January

of the calendar year in which the Secretary’s determination

is made, then on the basis of the most recent reliable data

available to the Secretary at the time of such determination.

The Secretary of Health and Human Services shall collect and

transmit the information required by this subparagraph to

the Secretary not later than January 1 of each year. ‘‘(6) ESTIMATE.—When requested by the Secretary, the Secretary of Commerce shall make a special updated estimate

of the number of children of such ages who are from families

below the poverty level (as determined under subparagraph

(A) of this paragraph) in each school district, and the Secretary

is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of making this special

estimate. The Secretary of Commerce shall give consideration

to any request of the chief executive of a State for the collection

of additional census information. For purposes of this section,

the Secretary shall consider all children who are in correctional

institutions to be living in institutions for delinquent children.

‘‘(d) STATE MINIMUM.—Notwithstanding subsection (b)(1) or (d)

of section 1122, the aggregate amount allotted for all local

educational agencies within a State may not be less than the

lesser of—
H. R. 6—52

‘‘(1) 0.25 percent of total grants under this section; or

‘‘(2) the average of—

‘‘(A) one-quarter of 1 percent of the total amount available for such fiscal year under this section; and

‘‘(B) the number of children in such State counted

under subsection (c) in the fiscal year multiplied by 150

percent of the national average per pupil payment made

with funds available under this section for that year.

‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL

AGENCIES.

‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—

‘‘(1) IN GENERAL.—(A) Except as otherwise provided in this

paragraph, each local educational agency, in a State other

than Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, and Palau, which

is eligible for a grant under this part for any fiscal year shall

be eligible for an additional grant under this section for that

fiscal year if—

‘‘(i) the number of children counted under section

1124(c) in the county (for fiscal years 1996 through 1998),

or local educational agency (for fiscal years beginning with

1999) for the fiscal year exceeds 6,500; or

‘‘(ii) the number of children counted under section

1124(c) exceeds 15 percent of the total number of children

aged 5 to 17, inclusive, in the county (for fiscal years

1996 through 1998), or local educational agency (for fiscal

years beginning with 1999) in that fiscal year.

‘‘(B) Notwithstanding such subsections (b)(1) and (d) of section 1122, no State described in subparagraph (A) shall

receive less than the lesser of—

‘‘(i) 0.25 percent of total grants; or

‘‘(ii) the average of— ‘‘(I) one-quarter of 1 percent of the sums available

to carry out this section for such fiscal year; and ‘‘(II) the greater of— ‘‘(aa) $340,000; or

‘‘(bb) the number of children in such State

counted for purposes of this section in that fiscal

year multiplied by 150 percent of the national

average per pupil payment made with funds available under this section for that year. ‘‘(2) SPECIAL RULE.—For each county or local educational

agency eligible to receive an additional grant under this section

for any fiscal year the Secretary shall determine the product

of—

‘‘(A) the number of children counted under section

1124(c) for that fiscal year; and

‘‘(B) the quotient resulting from the division of the

amount determined for those agencies under section

1124(a)(1) for the fiscal year for which the determination

is being made divided by the total number of children

counted under section 1124(c) for that agency for fiscal

year.

‘‘(3) AMOUNT.—The amount of the additional grant for

which an eligible local educational agency or county is eligible

under this section for any fiscal year shall be an amount
H. R. 6—53

which bears the same ratio to the amount available to carry

out this section for that fiscal year as the product determined

under paragraph (2) for such local educational agency for that

fiscal year bears to the sum of such products for all local

educational agencies in the United States for that fiscal year.

‘‘(4) SUBALLOCATION.—For fiscal years 1996 through 1998,

county amounts shall be suballocated to local educational agencies meeting the criteria of paragraph (1)(A) by State educational agencies, in accordance with regulations published by

the Secretary. For fiscal years 1995 through 1998, grants shall

be calculated by the Secretary on the basis of the number

of children counted under section 1124(c) for counties, and

State educational agencies shall suballocate county amounts

to local educational agencies, in accordance with regulations

published by the Secretary. In any State in which a large

number of local educational agencies overlap county boundaries,

the State educational agency may apply to the Secretary for

authority during any particular fiscal year to make the allocations under this part (other than this section) directly to local

educational agencies without regard to the counties. If the

Secretary approves an application of a State educational agency

for a particular year under this paragraph, the State educational agency shall provide assurances that—

‘‘(A) such allocations will be made using precisely the

same factors for determining a grant as are used under

this part;

‘‘(B) such allocations will be made using alternative

data approved by the Secretary that the State determines

best reflects the distribution of children in poor families

and is adjusted to be equivalent in proportion to the number of children determined in accordance with section

1124(c); or

‘‘(C) such allocations will be made using data that

the State educational agency submits to the Secretary for

approval that more accurately target poverty.

In addition, the State educational agency shall provide assurances that a procedure will be established through which local

educational agencies dissatisfied with the determinations made

by the State educational agency may appeal directly to the

Secretary for a final determination. A State may reserve not

more than 2 percent of its allocations in fiscal years 1996

through 1998 under this section for the purpose of making

grants to local educational agencies that meet the criteria of

clause (i) or (ii) of paragraph (1)(A), but are in ineligible counties. For fiscal years beginning with 1999, for each local educational agency serving an area with a total population of

at least 20,000 persons, the grant under this section shall

be the amount determined by the Secretary. For local educational agencies serving areas with total populations of fewer

than 20,000 persons, the State educational agency may either

(i) distribute to such local educational agencies grants under

this section equal to the amounts determined by the Secretary;

or (ii) use an alternative method, approved by the Secretary,

to distribute the share of the State’s total grants under this

section that is based on local educational agencies with total

populations of fewer than 20,000 persons. Such an alternative

method of distributing grants under this section among a State’s
H. R. 6—54

local educational agencies serving areas with total populations

of fewer than 20,000 persons shall be based upon population

data that the State educational agency determines best reflects

the current distribution of children in poor families among

the State’s local educational agencies serving areas with total

populations of fewer than 20,000 persons and meeting the

eligibility criteria of paragraph (1)(A). If a local educational

agency serving an area with total population of less than 20,000

persons is dissatisfied with the determination of its grant by

the State educational agency, then such local educational

agency may appeal this determination to the Secretary. The

Secretary shall respond to this appeal within 45 days of receipt.

The Secretary shall consult with the Secretary of Commerce

regarding whether available data on population for local educational agencies serving areas with total populations of fewer

than 20,000 persons are sufficiently reliable to be used to

determine final grants to such areas meeting the eligibility

criteria of paragraph (1)(A).

‘‘(b) RESERVATION OF FUNDS.—Of the total amount of funds

available for this section and sections 1124 and 1125, an amount

equal to the appropriation for fiscal year 1995 for section 1006

of this Act (as such section was in effect on the day preceding

the date of enactment of this Act) shall be available to carry

out this section.

‘‘(c) RATABLE REDUCTION RULE.—If the sums available under

subsection (b) for any fiscal year for making payments under this

section are not sufficient to pay in full the total amounts which

all States are eligible to receive under subsection (a) for such

fiscal year, the maximum amounts which all States are eligible

to receive under subsection (a) for such fiscal year shall be ratably

reduced. In the case that additional funds become available for

making such payments for any fiscal year during which the preceding sentence is applicable, such reduced amounts shall be increased

on the same basis as they were reduced. ‘‘(d) STATES RECEIVING MINIMUM GRANTS.—In States that

receive the minimum grant under subsection (a)(1)(B), the State

educational agency shall allocate such funds among the local educational agencies in each State either— ‘‘(1) in accordance with paragraphs (2) and (4) of subsection (a); or

‘‘(2) based on their respective concentrations and numbers

of children counted under section 1124(c), except that only

those local educational agencies with concentrations or numbers

of children counted under section 1124(c) that exceed the statewide average percentage of such children or the statewide

average number of such children shall receive any funds on

the basis of this paragraph.

‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGENCIES.—A local

educational agency in a State is eligible to receive a targeted

grant under this section for any fiscal year if the number of children

in the local educational agency counted under subsection 1124(c),

before application of the weighting factor described in subsection

(c), is at least 10, and if the number of children counted for grants

under section 1124 is at least 5 percent of the total population

aged 5 to 17 years, inclusive, in the local educational agency.
H. R. 6—55

Funds made available as a result of applying this subsection shall

be reallocated by the State educational agency to other eligible

local educational agencies in the State in proportion to the distribution of other funds under this section.

‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES, THE DISTRICT

OF COLUMBIA, AND PUERTO RICO.—

‘‘(1) IN GENERAL.—The amount of the grant that a local

educational agency in a State or that the District of Columbia

is eligible to receive under this section for any fiscal year

shall be the product of—

‘‘(A) the weighted child count determined under subsection (c); and

‘‘(B) the amount in the second sentence of subparagraph 1124(a)(1)(A).

‘‘(2) PUERTO RICO.—For each fiscal year, the amount of

the grant for which the Commonwealth of Puerto Rico is eligible

under this section shall be equal to the number of children

counted under subsection (c) for Puerto Rico, multiplied by

the amount determined in subparagraph 1124(a)(3).

‘‘(c) WEIGHTED CHILD COUNT.—

‘‘(1) FISCAL YEARS 1966–1998.—

‘‘(A) IN GENERAL.—The weighted child count used to

determine a county’s allocation under this section is the

larger of the two amounts determined under clause (i)

or (ii), as follows:

‘‘(i) BY PERCENTAGE OF CHILDREN.—This amount

is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) for that county constituting up to

12.20 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children constituting

more than 12.20 percent, but not more than 17.70

percent, of such population, multiplied by 1.75;

‘‘(III) the number of such children constituting

more than 17.70 percent, but not more than 22.80

percent, of such population, multiplied by 2.5;

‘‘(IV) the number of such children constituting

more than 22.80 percent, but not more than 29.70

percent, of such population, multiplied by 3.25;

and

‘‘(V) the number of such children constituting

more than 29.70 percent of such population, multiplied by 4.0.

‘‘(ii) BY NUMBER OF CHILDREN.—This amount is

determined by adding—

‘‘(I) the number of children determined under

section 1124(c) constituting up to 1,917, inclusive,

of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;

‘‘(II) the number of such children between

1,918 and 5,938, inclusive, in such population,

multiplied by 1.5;

‘‘(III) the number of such children between

5,939 and 20,199, inclusive, in such population,

multiplied by 2.0;
H. R. 6—56

‘‘(IV) the number of such children between

20,200 and 77,999, inclusive, in such population,

multiplied by 2.5; and

‘‘(V) the number of such children in excess

of 77,999 in such population, multiplied by 3.0.

‘‘(B) PUERTO RICO.—Notwithstanding subparagraph

(A), the weighting factor for Puerto Rico under this paragraph shall not be greater than the total number of children

counted under subsection 1124(c) multiplied by 1.72.

‘‘(2) FISCAL YEARS AFTER 1999.—

‘‘(A) IN GENERAL.—For each fiscal year beginning with

fiscal year 1999 for which the Secretary uses local educational agency data, the weighted child count used to

determine a local educational agency’s grant under this

section is the larger of the two amounts determined under

clauses (i) and (ii), as follows:

‘‘(i) BY PERCENTAGE OF CHILDREN.—This amount

is determined by adding—

‘‘(I) the number of children determined under

section 1124(c) for that local educational agency

constituting up to 14.265 percent, inclusive, of the

agency’s total population aged 5 to 17, inclusive,

multiplied by 1.0;

‘‘(II) the number of such children constituting

more than 14.265 percent, but not more than

21.553 percent, of such population, multiplied by

1.75;

‘‘(III) the number of such children constituting

more than 21.553 percent, but not more than

29.223 percent, of such population, multiplied by

2.5;

‘‘(IV) the number of such children constituting

more than 29.223 percent, but not more than

36.538 percent, of such population, multiplied by

3.25; and

‘‘(V) the number of such children constituting

more than 36.538 percent of such population,

multiplied by 4.0.

‘‘(ii) BY NUMBER OF CHILDREN.—This amount is

determined by adding— ‘‘(I) the number of children determined under

section 1124(c) constituting up to 575, inclusive,

of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0; ‘‘(II) the number of such children between 576

and 1,870, inclusive, in such population, multiplied

by 1.5;

‘‘(III) the number of such children between

1,871 and 6,910, inclusive, in such population,

multiplied by 2.0;

‘‘(IV) the number of such children between

6,911 and 42,000, inclusive, in such population,

multiplied by 2.5; and

‘‘(V) the number of such children in excess

of 42,000 in such population, multiplied by 3.0.

‘‘(B) PUERTO RICO.—Notwithstanding subparagraph

(A), the weighting factor for Puerto Rico under this para-
H. R. 6—57

graph shall not be greater than the total number of children

counted under section 1124(c) multiplied by 1.72.

‘‘(d) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—For fiscal

years 1995 through 1998, grants shall be calculated by the Secretary

on the basis of the number of children counted under section 1124

for counties, and State educational agencies shall suballocate county

amounts to local educational agencies, in accordance with regulations published by the Secretary. In any State in which a large

number of local educational agencies overlap county boundaries,

the State educational agency may apply to the Secretary for authority during any particular fiscal year to make the allocations under

this part (other than section 1124A) directly to local educational

agencies without regard to the counties. If the Secretary approves

an application of a State educational agency for a particular year

under this subparagraph, the State educational agency shall provide

assurances that—

‘‘(1) such allocations will be made using precisely the same

factors for determining a grant as are used under this part;

‘‘(2) such allocations will be made using alternative data

approved by the Secretary that the State determines best

reflects the distribution of children in poor families and is

adjusted to be equivalent in proportion to the number of children determined in accordance with section 1124(c); or

‘‘(3) such allocations will be made using data that the

State educational agency submits to the Secretary for approval

that more accurately target poverty.

In addition, the State educational agency shall provide assurances

that a procedure will be established through which local educational

agencies dissatisfied with the determinations made by the State

educational agency may appeal directly to the Secretary for a final

determination. For fiscal years beginning in 1999, for each local

educational agency serving an area with a total population of at

least 20,000 persons, the grant under this section shall be the

amount determined by the Secretary. For local educational agencies

serving areas with total populations of fewer than 20,000 persons,

the State educational agency may either (1) distribute to such

local educational agencies grants under this section equal to the

amounts determined by the Secretary; or (2) use an alternative

method, approved by the Secretary, to distribute the share of the

State’s total grants under this section that is based on local educational agencies with total populations of fewer than 20,000 persons. Such an alternative method of distributing grants under this

section among a State’s local educational agencies serving areas

with total populations of fewer than 20,000 persons shall be based

upon population data that the State educational agency determines

best reflects the current distribution of children in poor families

among the State’s local educational agencies serving areas with

total populations of fewer than 20,000 persons. If a local educational

agency serving an area with total populations of less than 20,000

persons is dissatisfied with the determination of its grant by the

State educational agency, then the local educational agency may

appeal this determination to the Secretary. The Secretary shall

respond to this appeal within 45 days of receipt.

‘‘(e) STATE MINIMUM.—Notwithstanding any other provision of

this section or subsection (b)(1) or (d) of section 1122, from the

total amount available for any fiscal year to carry out this section,

each State shall be allotted at least the lesser of—
H. R. 6—58

‘‘(1) 0.25 percent of total appropriations; or

‘‘(2) the average of—

‘‘(A) one-quarter of 1 percent of the total amount available to carry out this section; and

‘‘(B) 150 percent of the national average grant under

this section per child described in section 1124(c), without

application of a weighting factor, multiplied by the State’s

total number of children described in section 1124(c), without application of a weighting factor.

‘‘SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.

‘‘(a) GRANTS.—The Secretary is authorized to make grants to

States from the sums appropriated pursuant to subsection (e) to

carry out the purposes of this part.

‘‘(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND EQUITY.—

‘‘(1) IN GENERAL.—Funds appropriated pursuant to subsection (e) shall be allotted to each State based upon the number

of children aged 5 to 17, inclusive, of such State multiplied

by the product of—

‘‘(A) such State’s effort factor described in paragraph

(2); multiplied by

‘‘(B) 1.30 minus such State’s equity factor described

in paragraph (3),

except that for each fiscal year no State shall receive less

than one-quarter of 1 percent of the total amount appropriated

pursuant to subsection (e) for such fiscal year.

‘‘(2) EFFORT FACTOR.—(A) Except as provided in subparagraph (B), the effort factor for a State shall be determined

in accordance with the succeeding sentence, except that such

factor shall not be less than .95 nor greater than 1.05. The

effort factor determined under this sentence shall be a fraction

the numerator of which is the product of the three-year average

per-pupil expenditure in the State multiplied by the threeyear average per capita income in the United States and the

denominator of which is the product of the three-year average

per capita income in such State multiplied by the three-year

average per-pupil expenditure in the United States.

‘‘(B) The effort factor for the Commonwealth of Puerto

Rico shall be equal to the lowest effort factor calculated under

subparagraph (A) for any State.

‘‘(3) EQUITY FACTOR.—(A)(i) Except as provided in subparagraph (B), the Secretary shall determine the equity factor under

this section for each State in accordance with clause (ii).

‘‘(ii)(I) For each State, the Secretary shall compute a

weighted coefficient of variation for the per-pupil expenditures

of local educational agencies in accordance with subclauses

(II), (III), (IV), and (V).

‘‘(II) In computing coefficients of variation, the Secretary

shall weigh the variation between per-pupil expenditures in

each local educational agency and the average per-pupil

expenditures in the State according to the number of pupils

in the local educational agency.

‘‘(III) In determining the number of pupils under this paragraph in each local educational agency and each State, the

Secretary shall multiply the number of children from lowincome families by 1.4 under this paragraph.
H. R. 6—59

‘‘(IV) In computing coefficients of variation, the Secretary

shall include only those local educational agencies with an

enrollment of more than 200 students.

‘‘(V) The Secretary shall compute separate coefficients of

variation for elementary, secondary, and unified local educational agencies and shall combine such coefficients into a

single weighted average coefficient for the State by multiplying

each coefficient by the total enrollments of the local educational

agencies in each group, adding such products, and dividing

such sum by the total enrollments of the local educational

agencies in the State.

‘‘(B) The equity factor for a State that meets the disparity

standard described in section 222.63 of title 34, Code of Federal

Regulations (as such section was in effect on the day preceding

the date of enactment of this Act) or a State with only one

local educational agency shall be not greater than .10.

‘‘(C) The Secretary may revise each State’s equity factor

as necessary based on the advice of independent education

finance scholars to reflect other need-based costs of local educational agencies in addition to low-income student enrollment,

such as differing geographic costs, costs associated with students with disabilities, children with limited-English proficiency

or other meaningful educational needs, which deserve additional support. In addition and also with the advice of independent education finance scholars, the Secretary may revise each

State’s equity factor to incorporate other valid and accepted

methods to achieve adequacy of educational opportunity that

may not be reflected in a coefficient of variation method.

‘‘(c) USE OF FUNDS.—All funds awarded to each State under

this section shall be allocated to local educational agencies and

schools on a basis consistent with the distribution of other funds

to such agencies and schools under sections 1124, 1124A, and

1125 to carry out activities under this part. ‘‘(d) MAINTENANCE OF EFFORT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

a State is entitled to receive its full allotment of funds under

this part for any fiscal year if the Secretary finds that either

the combined fiscal effort per student or the aggregate expenditures within the State with respect to the provision of free

public education for the fiscal year preceding the fiscal year

for which the determination is made was not less than 90

percent of such combined fiscal effort or aggregate expenditures

for the second fiscal year preceding the fiscal year for which

the determination is made.

‘‘(2) REDUCTION OF FUNDS.—The Secretary shall reduce

the amount of the of funds awarded to any State under this

section in any fiscal year in the exact proportion to which

the State fails to meet the requirements of paragraph (1) by

falling below 90 percent of both the fiscal effort per student

and aggregate expenditures (using the measure most favorable

to the State), and no such lesser amount shall be used for

computing the effort required under paragraph (1) for subsequent years.

‘‘(3) WAIVERS.—The Secretary may waive, for one fiscal

year only, the requirements of this subsection if the Secretary

determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disas-
H. R. 6—60

ter or a precipitous and unforeseen decline in the financial

resources of the State.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

making grants under this section, there are authorized to be appropriated $200,000,000 for fiscal year 1996 and such sums as may

be necessary for each of the three succeeding fiscal years.

‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.— ‘‘(1) IN GENERAL.—If a State educational agency determines that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children

who are living in institutions for neglected children as described

in subparagraph 1124(c)(1)(C), the State educational agency

shall, if such agency assumes responsibility for the special

educational needs of such children, receive the portion of such

local educational agency’s allocation under sections 1124,

1124A, and 1125 that is attributable to such children.

‘‘(2) SPECIAL RULE.—If the State educational agency does not assume such responsibility, any other State or local public

agency that does assume such responsibility shall receive that

portion of the local educational agency’s allocation.

‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES.—The

State educational agency may allocate the amounts of grants under

sections 1124, 1124A, and 1125 among the affected local educational

agencies—‘‘(1) if two or more local educational agencies serve, in whole or in part, the same geographical area; ‘‘(2) if a local educational agency provides free public edu- cation for children who reside in the school district of another

local educational agency; or ‘‘(3) to reflect the merger, creation, or change of boundaries of one or more local educational agencies.

‘‘(c) REALLOCATION.—If a State educational agency determines that the amount of a grant a local educational agency would receive

under sections 1124, 1124A, and 1125 is more than such local

agency will use, the State educational agency shall make the excess

amount available to other local educational agencies in the State

that need additional funds in accordance with criteria established

by the State educational agency.

‘‘SEC. 1127. CARRYOVER AND WAIVER.

‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding section 421 of the General Education Provisions Act or any other provision

of law, not more than 15 percent of the funds allocated to a local

educational agency for any fiscal year under this subpart (but

not including funds received through any reallocation under this

subpart) may remain available for obligation by such agency for

one additional fiscal year. ‘‘(b) WAIVER.—A State educational agency may, once every three

years, waive the percentage limitation in subsection (a) if—

‘‘(1) the agency determines that the request of a local

educational agency is reasonable and necessary; or

‘‘(2) supplemental appropriations for this subpart become

available.

‘‘(c) EXCLUSION.—The percentage limitation under subsection

(a) shall not apply to any local educational agency that receives

less than $50,000 under this subpart for any fiscal year.
H. R. 6—61

‘‘PART B—EVEN START FAMILY LITERACY

PROGRAMS

‘‘SEC. 1201. STATEMENT OF PURPOSE.

‘‘It is the purpose of this part to help break the cycle of poverty and illiteracy by improving the educational opportunities of the

Nation’s low-income families by integrating early childhood education, adult literacy or adult basic education, and parenting education into a unified family literacy program, to be referred to

as ‘Even Start’. The program shall— ‘‘(1) be implemented through cooperative projects that build on existing community resources to create a new range of

services;

‘‘(2) promote achievement of the National Education Goals;

and

‘‘(3) assist children and adults from low-income families

to achieve to challenging State content standards and challenging State student performance standards.

‘‘SEC. 1202. PROGRAM AUTHORIZED.

‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLYING AREAS, AND INDIAN TRIBES.— ‘‘(1) IN GENERAL.—For each fiscal year, the Secretary shall reserve 5 percent of the amount appropriated under section

1002(b) for programs, under such terms and conditions as the

Secretary shall establish, that are consistent with the purpose

of this part, and according to their relative needs, for— ‘‘(A) children of migratory workers;

‘‘(B) the outlying areas; and

‘‘(C) Indian tribes and tribal organizations. ‘‘(2) SPECIAL RULE.—If the amount of funds made available

under this subsection exceeds $4,600,000, the Secretary shall

award a grant, on a competitive basis, of sufficient size and

for a period of sufficient duration to demonstrate the effectiveness of a family literacy program in a prison that houses

women and their preschool age children and that has the

capability of developing a program of high quality.

‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—From amounts

appropriated under section 1002(b), the Secretary may reserve not

more than three percent of such amounts or the amount reserved

to carry out the activities described in paragraphs (1) and (2)

of subsection (a) for the fiscal year 1994, whichever is greater,

for purposes of— ‘‘(1) carrying out the evaluation required by section 1209; and

‘‘(2) providing, through grants or contracts with eligible organizations, technical assistance, program improvement, and

replication activities.

‘‘(c) RESERVATION FOR GRANTS.—

‘‘(1) GRANTS AUTHORIZED.—In any fiscal year in which the

amount appropriated to carry out this part exceeds the amount

appropriated to carry out this part for the preceding fiscal

year, the Secretary may reserve such funds in excess of the

amount appropriated for such preceding fiscal years as do not

exceed $1,000,000 to award grants, on a competitive basis,

to States to enable such States to plan and implement, statewide family literacy initiatives to coordinate and integrate exist-
H. R. 6—62

ing Federal, State, and local literacy resources consistent with

the purposes of this part. Such coordination and integration

shall include funds available under the Adult Education Act,

Head Start, Even Start, and the Family Support Act of 1988.

‘‘(2) MATCHING REQUIREMENT.—The Secretary shall not

make a grant to a State under paragraph (1) unless the State

agrees that, with respect to the costs to be incurred by the

eligible consortium in carrying out the activities for which

the grant was awarded, the State will make available nonFederal contributions in an amount equal to not less than

the Federal funds provided under the grant.

‘‘(d) STATE ALLOCATION.—

‘‘(1) IN GENERAL.—From amounts appropriated under section 1002(b) and not reserved under subsections (a), (b), and

(c), the Secretary shall make grants to States from allocations

under paragraph (2).

‘‘(2) ALLOCATIONS.—Except as provided in paragraph (3),

from the total amount available for allocation to States in

any fiscal year, each State shall be eligible to receive a grant

under paragraph (1) in an amount that bears the same ratio

to such total amount as the amount allocated under part A

to that State bears to the total amount allocated under that

section to all the States.

‘‘(3) MINIMUM.—No State shall receive a grant under paragraph (1) in any fiscal year in an amount which is less than

$250,000, or one-half of 1 percent of the amount appropriated

under section 1002(b) and not reserved under subsections (a),

(b), and (c) for such year, whichever is greater.

‘‘(e) DEFINITIONS.—For the purpose of this part—

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

of both—

‘‘(A) a local educational agency; and

‘‘(B) a nonprofit community-based organization, a public agency other than a local educational agency, an institution of higher education, or a public or private nonprofit

organization other than a local educational agency, of demonstrated quality;

‘‘(2) the term ‘eligible organization’ means any public or

private nonprofit organization with a record of providing effective services to family literacy providers, such as the National

Center for Family Literacy, Parents as Teachers, Inc., the Home

Instruction Program for Preschool Youngsters, and the Home

and School Institute, Inc.;

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

the meanings given such terms in section 4 of the Indian

Self-Determination and Education Assistance Act; and

‘‘(4) the term ‘State’ includes each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto Rico.

‘‘SEC. 1203. STATE PROGRAMS.

‘‘(a) STATE LEVEL ACTIVITIES.—Each State that receives a grant

under section 1202(d)(1) may use not more than 5 percent of the

grant funds for the costs of—

‘‘(1) administration; and

‘‘(2) providing, through one or more subgrants or contracts,

technical assistance for program improvement and replication,

to eligible entities that receive subgrants under subsection (b).
H. R. 6—63

‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—

‘‘(1) IN GENERAL.—Each State shall use the grant funds

received under section 1202(d)(1) and not reserved under subsection (a) to award subgrants to eligible entities to carry

out Even Start programs.

‘‘(2) MINIMUM.—No State shall award a subgrant under

paragraph (1) in an amount less than $75,000, except that

a State may award one subgrant in each fiscal year of sufficient

size, scope, and quality to be effective in an amount less than

$75,000 if, after awarding subgrants under paragraph (1) for

such fiscal year in amounts of $75,000 or greater, less than

$75,000 is available to the State to award such subgrants.

‘‘SEC. 1204. USES OF FUNDS.

‘‘(a) IN GENERAL.—In carrying out an Even Start program

under this part, a recipient of funds under this part shall use

such funds to pay the Federal share of the cost of providing familycentered education programs that involve parents and children,

from birth through age seven, in a cooperative effort to help parents

become full partners in the education of their children and to

assist children in reaching their full potential as learners.

‘‘(b) FEDERAL SHARE LIMITATION.—

‘‘(1) IN GENERAL.—(A) Except as provided in paragraph

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

‘‘(i) 90 percent of the total cost of the program in

the first year that such program receives assistance under

this part or its predecessor authority;

‘‘(ii) 80 percent in the second such year;

‘‘(iii) 70 percent in the third such year;

‘‘(iv) 60 percent in the fourth such year; and

‘‘(v) 50 percent in any subsequent such year. ‘‘(B) The remaining cost of a program assisted under this

part may be provided in cash or in kind, fairly evaluated

and may be obtained from any source, including other Federal

funds under this Act.

‘‘(2) WAIVER.—The State educational agency may waive,

in whole or in part, the cost-sharing requirement described

in paragraph (1) for an eligible entity if such entity— ‘‘(A) demonstrates that such entity otherwise would

not be able to participate in the program assisted under

this part; and

‘‘(B) negotiates an agreement with the State educational agency with respect to the amount of the remaining

cost to which the waiver will be applicable.

‘‘(3) PROHIBITION.—Federal funds provided under this part

may not be used for the indirect costs of a program assisted

under this part, except that the Secretary may waive this

paragraph if an eligible recipient of funds reserved under section 1202(a)(1)(C) demonstrates to the Secretary’s satisfaction

that such recipient otherwise would not be able to participate

in the program assisted under this part.

‘‘SEC. 1205. PROGRAM ELEMENTS.

‘‘Each program assisted under this part shall—

‘‘(1) include the identification and recruitment of families

most in need of services provided under this part, as indicated

by a low level of income, a low level of adult literacy or English
H. R. 6—64

language proficiency of the eligible parent or parents, and other

need-related indicators;

‘‘(2) include screening and preparation of parents, including

teenage parents and children to enable such parents to participate fully in the activities and services provided under this

part, including testing, referral to necessary counselling, other

developmental and support services, and related services;

‘‘(3) be designed to accommodate the participants’ work

schedule and other responsibilities, including the provision of

support services, when such services are unavailable from other

sources, necessary for participation in the activities assisted

under this part, such as—

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

participation by parents and children;

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

in the program provided under this part; and

‘‘(C) transportation for the purpose of enabling parents

and their children to participate in programs authorized

by this part;

‘‘(4) include high-quality instructional programs that promote adult literacy and empower parents to support the educational growth of their children, developmentally appropriate

early childhood educational services, and preparation of children for success in regular school programs;

‘‘(5) include special training of staff, including child care

staff, to develop the skills necessary to work with parents

and young children in the full range of instructional services

offered through this part; ‘‘(6) provide and monitor integrated instructional services

to participating parents and children through home-based programs; ‘‘(7) operate on a year-round basis, including the provision

of some program services, instructional or enrichment, during

the summer months;

‘‘(8) be coordinated with—

‘‘(A) programs assisted under other parts of this title

and this Act;

‘‘(B) any relevant programs under the Adult Education

Act, the Individuals with Disabilities Education Act, and

the Job Training Partnership Act; and ‘‘(C) the Head Start program, volunteer literacy programs, and other relevant programs;

‘‘(9) ensure that the programs will serve those families

most in need of the activities and services provided by this

part; and

‘‘(10) provide for an independent evaluation of the program.

‘‘SEC. 1206. ELIGIBLE PARTICIPANTS.

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

participants in an Even Start program are—

‘‘(1) a parent or parents—

‘‘(A) who are eligible for participation in an adult basic

education program under the Adult Education Act; or

‘‘(B) who are within the State’s compulsory school

attendance age range, so long as a local educational agency

provides (or ensures the availability of) the basic education

component required under this part; and
H. R. 6—65

‘‘(2) the child or children, from birth through age seven,

of any individual described in paragraph (1).

‘‘(b) ELIGIBILITY FOR CERTAIN OTHER PARTICIPANTS.—

‘‘(1) IN GENERAL.—Family members of eligible participants

described in subsection (a) may participate in activities and

services provided under this part, when appropriate to serve

the purpose of this part.

‘‘(2) SPECIAL RULE.—Any family participating in a program

assisted under this part that becomes ineligible for such participation as a result of one or more members of the family becoming ineligible for such participation may continue to participate

in the program until all members of the family become ineligible

for such participation, which—

‘‘(A) in the case of a family in which ineligibility was

due to the child or children of such family attaining the

age of eight, shall be in two years or when the parent

or parents become ineligible due to educational advancement, whichever occurs first; and

‘‘(B) in the case of a family in which ineligibility was

due to the educational advancement of the parent or parents of such family, shall be when all children in the

family attain the age of eight.

‘‘SEC. 1207. APPLICATIONS.

‘‘(a) SUBMISSION.—To be eligible to receive a subgrant under

this part, an eligible entity shall submit an application to the

State educational agency in such form and containing or accompanied by such information as the State educational agency shall

require.

‘‘(b) REQUIRED DOCUMENTATION.—Each application shall

include documentation, satisfactory to the State educational agency,

that the eligible entity has the qualified personnel needed— ‘‘(1) to develop, administer, and implement an Even Start

program under this part; and ‘‘(2) to provide access to the special training necessary

to prepare staff for the program, which may be offered by

an eligible organization.

‘‘(c) PLAN.— ‘‘(1) IN GENERAL.—Such application shall also include a

plan of operation for the program which shall include— ‘‘(A) a description of the program goals;

‘‘(B) a description of the activities and services that

will be provided under the program, including a description

of how the program will incorporate the program elements

required by section 1205;

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

an estimate of the number of participants to be served;

‘‘(D) as appropriate, a description of the applicant’s

collaborative efforts with institutions of higher education,

community-based organizations, the State educational

agency, private elementary schools, or other eligible

organizations in carrying out the program for which assistance is sought;

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

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

most in need of the activities and services provided

by this part;
H. R. 6—66

‘‘(ii) to provide services under this part to individuals with special needs, such as individuals with

limited English proficiency and individuals with

disabilities; and

‘‘(iii) to encourage participants to remain in the

program for a time sufficient to meet the program’s

purpose; and

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

other programs under this Act, the Goals 2000: Educate

America Act, or other Acts, as appropriate, consistent with

section 14306.

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

paragraph (1)(A) shall—

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

entity’s participation under this part; and

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

entity as necessary.

‘‘(d) CONSOLIDATED APPLICATION.—The plan described in subsection (c)(1)(F) may be submitted as part of a consolidated application under section 14302.

‘‘SEC. 1208. AWARD OF SUBGRANTS.

‘‘(a) SELECTION PROCESS.—

‘‘(1) IN GENERAL.—The State educational agency shall

establish a review panel in accordance with paragraph (3) that

will approve applications that—

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

‘‘(i) meeting the purpose of this part; and

‘‘(ii) effectively implementing the program elements required under section 1205;

‘‘(B) demonstrate that the area to be served by such

program has a high percentage or a large number of children and families who are in need of such services as

indicated by high levels of poverty, illiteracy, unemployment, limited-English proficiency, or other need-related

indicators, including a high percentage of children to be

served by the program who reside in a school attendance

area eligible for participation in programs under part A;

‘‘(C) provide services for at least a three-year age range,

which may begin at birth;

‘‘(D) demonstrate the greatest possible cooperation and

coordination between a variety of relevant service providers

in all phases of the program;

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

the application;

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

Federal share required by section 1204(b);

‘‘(G) are representative of urban and rural regions of

the State; and

‘‘(H) show the greatest promise for providing models

that may be adopted by other local educational agencies.

‘‘(2) PRIORITY FOR SUBGRANTS.—The State educational

agency shall give priority for subgrants under this subsection

to applications that—

‘‘(A) target services primarily to families described in

paragraph (1)(B); or
H. R. 6—67

‘‘(B) are located in areas designated as empowerment

zones or enterprise communities.

‘‘(3) REVIEW PANEL.—A review panel shall consist of at

least three members, including one early childhood professional,

one adult education professional, and one or more of the following individuals: ‘‘(A) A representative of a parent-child education

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

organization. ‘‘(C) A member of a local board of education.

‘‘(D) A representative of business and industry with a commitment to education.

‘‘(E) An individual who has been involved in the

implementation of programs under this title in the State. ‘‘(b) DURATION.— ‘‘(1) IN GENERAL.—Subgrants under this part may be awarded for a period not to exceed four years. ‘‘(2) STARTUP PERIOD.—The State educational agency may provide subgrant funds to an eligible recipient, at such recipient’s request, for a three- to six-month startup period during

the first year of the four-year grant period, which may include

staff recruitment and training, and the coordination of services,

before requiring full implementation of the program. ‘‘(3) CONTINUING ELIGIBILITY.—In awarding subgrant funds to continue a program under this part for the second, third,

or fourth year, the State educational agency shall review the

progress being made toward meeting the objectives of the program after the conclusion of the startup period, if any. ‘‘(4) INSUFFICIENT PROGRESS.—The State educational

agency may refuse to award subgrant funds if such agency

finds that sufficient progress has not been made toward meeting

such objectives, but only after affording the applicant notice

and an opportunity for a hearing. ‘‘(5) GRANT RENEWAL.—(A) An eligible entity that has pre- viously received a subgrant under this part may reapply under

this part for additional subgrants. An eligible recipient may

receive funds under this part for a period not to exceed eight

years. ‘‘(B) The Federal share of any subgrant renewed under subparagraph (A) shall not exceed 50 percent in any fiscal

year.

‘‘SEC. 1209. EVALUATION.

‘‘From funds reserved under section 1202(b)(1), the Secretary shall provide for an independent evaluation of programs assisted

under this part—

‘‘(1) to determine the performance and effectiveness of programs assisted under this part; and

‘‘(2) to identify effective Even Start programs assisted under

this part that can be duplicated and used in providing technical

assistance to Federal, State, and local programs.

‘‘SEC. 1210. CONSTRUCTION.

‘‘Nothing in this part shall be construed to prohibit a recipient

of funds under this part from serving students participating in

Even Start simultaneously with students with similar educational

needs, in the same educational settings where appropriate.
H. R. 6—68

‘‘PART C—EDUCATION OF MIGRATORY

CHILDREN

‘‘SEC. 1301. PROGRAM PURPOSE.

‘‘It is the purpose of this part to assist States to— ‘‘(1) support high-quality and comprehensive educational programs for migratory children to help reduce the educational

disruptions and other problems that result from repeated

moves;

‘‘(2) ensure that migratory children are provided with appropriate educational services (including supportive services)

that address their special needs in a coordinated and efficient

manner;

‘‘(3) ensure that migratory children have the opportunity to meet the same challenging State content standards and

challenging State student performance standards that all children are expected to meet; ‘‘(4) design programs to help migratory children overcome educational disruption, cultural and language barriers, social

isolation, various health-related problems, and other factors

that inhibit the ability of such children to do well in school,

and to prepare such children to make a successful transition

to postsecondary education or employment; and

‘‘(5) ensure that migratory children benefit from State and

local systemic reforms.

‘‘SEC. 1302. PROGRAM AUTHORIZED.

‘‘In order to carry out the purpose of this part, the Secretary

shall make grants to State educational agencies, or combinations

of such agencies, to establish or improve, directly or through local

operating agencies, programs of education for migratory children

in accordance with this part.

‘‘SEC. 1303. STATE ALLOCATIONS.

‘‘(a) STATE ALLOCATIONS.—Each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part, for

each fiscal year, an amount equal to—

‘‘(1) the sum of the estimated number of migratory children

aged three through 21 who reside in the State full time and

the full-time equivalent of the estimated number of migratory

children aged three through 21 who reside in the State part

time, as determined in accordance with subsection (e); multiplied by

‘‘(2) 40 percent of the average per-pupil expenditure in

the State, except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48

percent, of the average expenditure per pupil in the United

States.

‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal year, the

amount for which the Commonwealth of Puerto Rico is eligible

under this section shall be equal to—

‘‘(1) the number of migratory children in Puerto Rico, deter- mined under subsection (a)(1); multiplied by

‘‘(2) the product of—

‘‘(A) the percentage that the average per-pupil expenditure in Puerto Rico is of the lowest average per-pupil

expenditure of any of the 50 States; and
H. R. 6—69

‘‘(B) 32 percent of the average per-pupil expenditure

in the United States.

‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.—

‘‘(1) IN GENERAL.—(A) If, after the Secretary reserves funds

under section 1308(c), the amount appropriated to carry out

this part for any fiscal year is insufficient to pay in full the

amounts for which all States are eligible, the Secretary shall

ratably reduce each such amount.

‘‘(B) If additional funds become available for making such

payments for any fiscal year, the Secretary shall allocate such

funds to States in amounts that the Secretary determines will

best carry out the purpose of this part.

‘‘(2) SPECIAL RULE.—(A) The Secretary shall further reduce

the amount of any grant to a State under this part for any

fiscal year if the Secretary determines, based on available

information on the numbers and needs of migratory children

in the State and the program proposed by the State to address

such needs, that such amount exceeds the amount required

under section 1304.

‘‘(B) The Secretary shall reallocate such excess funds to

other States whose grants under this part would otherwise

be insufficient to provide an appropriate level of services to

migratory children, in such amounts as the Secretary determines are appropriate.

‘‘(d) CONSORTIUM ARRANGEMENTS.—

‘‘(1) IN GENERAL.—In the case of a State that receives

a grant of $1,000,000 or less under this section, the Secretary

shall consult with the State educational agency to determine

whether consortium arrangements with another State or other

appropriate entity would result in delivery of services in a

more effective and efficient manner.

‘‘(2) PROPOSALS.—Any State, regardless of the amount of

such State’s allocation, may submit a consortium arrangement

to the Secretary for approval. ‘‘(3) APPROVAL.—The Secretary shall approve a consortium arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will— ‘‘(A) reduce administrative costs or program function

costs for State programs; and ‘‘(B) make more funds available for direct services to

add substantially to the welfare or educational attainment

of children to be served under this part.

‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHILDREN.—In order

to determine the estimated number of migratory children residing

in each State for purposes of this section, the Secretary shall—

‘‘(1) use such information as the Secretary finds most

accurately reflects the actual number of migratory children;

‘‘(2) develop and implement a procedure for more accurately

reflecting cost factors for different types of summer and

intersession program designs;

‘‘(3) adjust the full-time equivalent number of migratory

children who reside in each State to take into account—

‘‘(A) the special needs of those children participating

in special programs provided under this part that operate

during the summer and intersession periods; and

‘‘(B) the additional costs of operating such programs;

and
H. R. 6—70

‘‘(4) conduct an analysis of the options for adjusting the

formula so as to better direct services to the child whose education has been interrupted.

‘‘SEC. 1304. STATE APPLICATIONS; SERVICES.

‘‘(a) APPLICATION REQUIRED.—Any State desiring to receive a

grant under this part for any fiscal year shall submit an application

to the Secretary at such time and in such manner as the Secretary

may require.

‘‘(b) PROGRAM INFORMATION.—Each such application shall

include—

‘‘(1) a description of how, in planning, implementing, and

evaluating programs and projects assisted under this part, the

State and its local operating agencies will ensure that the

special educational needs of migratory children, including preschool migratory children, are identified and addressed through

a comprehensive plan for needs assessment and service delivery

that meets the requirements of section 1306;

‘‘(2) a description of the steps the State is taking to provide

all migratory students with the opportunity to meet the same

challenging State content standards and challenging State student performance standards that all children are expected to

meet;

‘‘(3) a description of how the State will use funds received

under this part to promote interstate and intrastate coordination of services for migratory children, including how, consistent

with procedures the Secretary may require, the State will provide for educational continuity through the timely transfer

of pertinent school records, including information on health,

when children move from one school to another, whether or

not such move occurs during the regular school year; ‘‘(4) a description of the State’s priorities for the use of

funds received under this part, and how such priorities relate

to the State’s assessment of needs for services in the State;

‘‘(5) a description of how the State will determine the

amount of any subgrants the State will award to local operating

agencies, taking into account the requirements of paragraph

(1); and

‘‘(6) such budgetary and other information as the Secretary

may require.

‘‘(c) ASSURANCES.—Each such application shall also include

assurances, satisfactory to the Secretary, that— ‘‘(1) funds received under this part will be used only— ‘‘(A) for programs and projects, including the acquisi- tion of equipment, in accordance with section 1306(b)(1);

and

‘‘(B) to coordinate such programs and projects with

similar programs and projects within the State and in

other States, as well as with other Federal programs that

can benefit migratory children and their families;

‘‘(2) such programs and projects will be carried out in

a manner consistent with the objectives of section 1114, subsections (b) and (d) of section 1115, section 1120, and subsections (b) and (c) of section 1120A, and part F;

‘‘(3) in the planning and operation of programs and projects

at both the State and local operating agency level, there is

appropriate consultation with parent advisory councils for pro-
H. R. 6—71

grams of one school year in duration, and that all such programs and projects are carried out, to the extent feasible,

in a manner consistent with section 1118;

‘‘(4) in planning and carrying out such programs and

projects, there has been, and will be, adequate provision for

addressing the unmet education needs of preschool migratory

children;

‘‘(5) the effectiveness of such programs and projects will

be determined, where feasible, using the same approaches and

standards that will be used to assess the performance of students, schools, and local educational agencies under part A;

‘‘(6) to the extent feasible, such programs and projects

will provide for—

‘‘(A) advocacy and outreach activities for migratory

children and their families, including informing such children and families of, or helping such children and families

gain access to, other education, health, nutrition, and social

services;

‘‘(B) professional development programs, including

mentoring, for teachers and other program personnel;

‘‘(C) family literacy programs, including such programs

that use models developed under Even Start;

‘‘(D) the integration of information technology into educational and related programs; and

‘‘(E) programs to facilitate the transition of secondary

school students to postsecondary education or employment;

and

‘‘(7) the State will assist the Secretary in determining the

number of migratory children under section 1303(e), through

such procedures as the Secretary may require.

‘‘(d) PRIORITY FOR SERVICES.—In providing services with funds

received under this part, each recipient of such funds shall give

priority to migratory children who are failing, or most at risk

of failing, to meet the State’s challenging State content standards

and challenging State student performance standards, and whose

education has been interrupted during the regular school year.

‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding any other

provision of this part—

‘‘(1) a child who ceases to be a migratory child during

a school term shall be eligible for services until the end of

such term;

‘‘(2) a child who is no longer a migratory child may continue

to receive services for one additional school year, but only

if comparable services are not available through other programs; and

‘‘(3) secondary school students who were eligible for services

in secondary school may continue to be served through credit

accrual programs until graduation.

‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall approve each

State application that meets the requirements of this part.

‘‘(b) PEER REVIEW.—The Secretary may review any such

application with the assistance and advice of State officials and

other individuals with relevant expertise.
H. R. 6—72

‘‘SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICEDELIVERY PLAN; AUTHORIZED ACTIVITIES.

‘‘(a) COMPREHENSIVE PLAN.— ‘‘(1) IN GENERAL.—Each State that receives assistance

under this part shall ensure that the State and its local operating agencies identify and address the special educational needs

of migratory children in accordance with a comprehensive State

plan that—‘‘(A) is integrated with other programs under this Act, the Goals 2000: Educate America Act, or other Acts, as

appropriate, consistent with section 14306; ‘‘(B) may be submitted as a part of consolidated applica- tion under section 14302;

‘‘(C) provides that migratory children will have an opportunity to meet the same challenging State content

standards and challenging State student performance

standards, set out in such plans, that all children are

expected to meet; ‘‘(D) specifies measurable program goals and outcomes;

‘‘(E) encompasses the full range of services that are available for migratory children from appropriate local,

State, and Federal educational programs;

‘‘(F) is the product of joint planning among such local,

State, and Federal programs, including programs under

part A, early childhood programs, and bilingual education

programs under part A of title VII; and

‘‘(G) provides for the integration of services available

under this part with services provided by such other programs.

‘‘(2) DURATION OF THE PLAN.—Each such comprehensive

State plan shall—

‘‘(A) remain in effect for the duration of the State’s

participation under this part; and

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

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

and programs under this part.

‘‘(b) AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—In implementing the comprehensive plan

described in subsection (a), each local operating agency shall

have the flexibility to determine the activities to be provided

with funds made available under this part, except that—

‘‘(A) before funds under this part are used to provide

services described in subparagraph (B), such funds shall

be used to meet the identified needs of migratory children

that—

‘‘(i) result from the effects of their migratory lifestyle, or are needed to permit migratory children to

participate effectively in school; and ‘‘(ii) are not addressed by services provided under

other programs, including programs under part A; and

‘‘(B) all migratory children who are eligible to receive

services under part A shall receive such services with funds

provided under this part or under part A.

‘‘(2) CONSTRUCTION.—Nothing in this part shall be construed to prohibit a local operating agency from serving migrant

students simultaneously with students with similar educational

needs, in the same educational settings where appropriate.
H. R. 6—73

‘‘(3) SPECIAL RULE.—Notwithstanding section 1114, a school

that receives funds under this part shall continue to address

the identified needs described in paragraph (1)(A).

‘‘SEC. 1307. BYPASS.

‘‘The Secretary may use all or part of any State’s allocation

under this part to make arrangements with any public or private

nonprofit agency to carry out the purpose of this part in such

State if the Secretary determines that—

‘‘(1) the State is unable or unwilling to conduct educational

programs for migratory children;

‘‘(2) such arrangements would result in more efficient and

economic administration of such programs; or

‘‘(3) such arrangements would add substantially to the

welfare or educational attainment of such children.

‘‘SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

‘‘(a) IMPROVEMENT OF COORDINATION.—

‘‘(1) IN GENERAL.—The Secretary, in consultation with the

States, may make grants to, or enter into contracts with, State

educational agencies, local educational agencies, institutions

of higher education, and other public and private nonprofit

entities to improve the interstate and intrastate coordination

among such agencies’ educational programs, including the

establishment or improvement of programs for credit accrual

and exchange, available to migratory students.

‘‘(2) DURATION.—Grants under this subpart may be

awarded for not more than five years.

‘‘(b) ASSISTANCE AND REPORTING.— ‘‘(1) STUDENT RECORDS.—(A) The Secretary shall solicit

information on how student records are transferred from one

school to another and shall solicit recommendations on whether

new procedures and technologies for record transfer should

be employed to better meet the needs of the migrant population. ‘‘(B) The Secretary shall also seek recommendations on

the most effective means for determining the number of students or full-time equivalent students in each State for the

purpose of allocating funds under this part. ‘‘(2) REPORT TO CONGRESS.—(A) Not later than April 30,

1995, the Secretary shall report to the Committee on Labor

and Human Resources of the Senate and the Committee on

Education and Labor of the House of Representatives the Secretary’s findings and recommendations, and shall include in

this report, recommendations for interim measures that may

be taken to ensure continuity of services in this program.

‘‘(B) The Secretary shall assist States in developing effective

methods for the transfer of student records and in determining

the number of students or full-time equivalent students in

each State if such interim measures are required.

‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of carrying out

this section in any fiscal year, the Secretary shall reserve not

more than $6,000,000 of the amount appropriated to carry out

this part for such year.

‘‘(d) INCENTIVE GRANTS.—

‘‘(1) IN GENERAL.—From the amounts made available to

carry out this section, the Secretary shall reserve not more

than $1,500,000 to award, on a competitive basis, grants in
H. R. 6—74

the amount of not more than $250,000 to State educational

agencies with consortium agreements under section 1303(d).

‘‘(2) LIMITATION.—Not less than 10 of such grants shall

be awarded to States which receive allocations of less than

$1,000,000 if such States have approved agreements.

‘‘SEC. 1309. DEFINITIONS.

‘‘As used in this part:

‘‘(1) LOCAL OPERATING AGENCY.—The term ‘local operating

agency’ means— ‘‘(A) a local educational agency to which a State educational agency makes a subgrant under this part; ‘‘(B) a public or nonprofit private agency with which

a State educational agency or the Secretary makes an

arrangement to carry out a project under this part; or ‘‘(C) a State educational agency, if the State educational agency operates the State’s migrant education program or projects directly.

‘‘(2) MIGRATORY CHILD.—The term ‘migratory child’ means

a child who is, or whose parent, spouse, or guardian is, a

migratory agricultural worker, including a migratory dairy

worker, or a migratory fisher, and who, in the preceding 36

months, in order to obtain, or accompany such parent, spouse,

or guardian in order to obtain, temporary or seasonal employment in agricultural or fishing work— ‘‘(A) has moved from one school district to another;

‘‘(B) in a State that is comprised of a single school

district, has moved from one administrative area to another

within such district; or

‘‘(C) resides in a school district of more than 15,000

square miles, and migrates a distance of 20 miles or more

to a temporary residence to engage in a fishing activity.

‘‘PART D—PREVENTION AND INTERVENTION

PROGRAMS FOR CHILDREN AND YOUTH

WHO ARE NEGLECTED, DELINQUENT, OR AT

RISK OF DROPPING OUT

‘‘SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.

‘‘(a) FINDINGS.—Congress finds the following: ‘‘(1) A large percentage of youth in the juvenile justice

system have poor academic achievement, are a year or more

behind grade level, and have dropped out of school. ‘‘(2) There is a strong correlation between academic failure

and involvement in delinquent activities.

‘‘(3) Preventing students from dropping out of local schools

and addressing the educational needs of delinquent youth can

help reduce the dropout rate and involvement in delinquent

activities at the same time.

‘‘(4) Many schools and correctional facilities fail to communicate regarding a youth’s academic needs and students often

return to their home school ill-prepared to meet current curriculum requirements.

‘‘(5) Schools are often reluctant to deal with youth returning

from facilities and receive no funds to deal with the unique

educational and other needs of such youth.
H. R. 6—75

‘‘(6) A continuing need exists for activities and programs to reduce the incidence of youth dropping out of school. ‘‘(7) Federal dropout prevention programs have dem- onstrated effectiveness in keeping children and youth in school. ‘‘(8) Pregnant and parenting teens are a high at-risk group for dropping out of school and should be targeted by dropout

prevention programs. ‘‘(9) Such youth need a strong dropout prevention program which provides such youth with high level skills and which

provides supports to youth returning from correctional facilities

in order to keep such youth in school.

‘‘(b) PURPOSE.—It is the purpose of this part— ‘‘(1) to improve educational services to children in local

and State institutions for neglected or delinquent children and

youth so that such children and youth have the opportunity

to meet the same challenging State content standards and

challenging State student performance standards that all children in the State will be expected to meet; ‘‘(2) to provide such children and youth the services needed to make a successful transition from institutionalization to

further schooling or employment; and ‘‘(3) to prevent at-risk youth from dropping out of school and to provide dropouts and youth returning from institutions

with a support system to ensure their continued education.

‘‘(c) PROGRAM AUTHORIZED.—In order to carry out the purpose of this part the Secretary shall make grants to State educational

agencies to enable such agencies to award subgrants to State agencies and local educational agencies to establish or improve programs

of education for neglected or delinquent children and youth at

risk of dropping out of school before graduation.

‘‘SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.

‘‘(a) AGENCY SUBGRANTS.—Based on the allocation amount computed under section 1412, the Secretary shall allocate to each

State educational agency amounts necessary to make subgrants

to State agencies. ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for purposes

of subpart 2, funds generated throughout the State under part

A based on youth residing in local correctional facilities, or attending

community day programs for delinquent children and youth. ‘‘(c) USE OF REMAINING FUNDS.—Each State shall use any funds remaining after allocations are made under subsection (a).

‘‘Subpart 1—State Agency Programs

‘‘SEC. 1411. ELIGIBILITY.

‘‘A State agency is eligible for assistance under this subpart if such State agency is responsible for providing free public education for children—

‘‘(1) in institutions for neglected or delinquent children;

‘‘(2) attending community day programs for neglected or delinquent children; or ‘‘(3) in adult correctional institutions.

‘‘SEC. 1412. ALLOCATION OF FUNDS.

‘‘(a) SUBGRANTS TO STATE AGENCIES.— ‘‘(1) IN GENERAL.—Each State agency described in section

1411 (other than an agency in the Commonwealth of Puerto
H. R. 6—76

Rico) is eligible to receive a subgrant under this part, for

each fiscal year, an amount equal to the product of—

‘‘(A) the number of neglected or delinquent children

and youth described in section 1411 who—

‘‘(i) are enrolled for at least 15 hours per week

in education programs in adult correctional institutions; and

‘‘(ii) are enrolled for at least 20 hours per week—

‘‘(I) in education programs in institutions for

neglected or delinquent children; or

‘‘(II) in community day programs for neglected

or delinquent children; and

‘‘(B) 40 percent of the average per-pupil expenditure

in the State, except that the amount determined under

this paragraph shall not be less than 32 percent, or more

than 48 percent, of the average per-pupil expenditure in

the United States.

‘‘(2) SPECIAL RULE.—The number of neglected or delinquent

children and youth determined under paragraph (1) shall—

‘‘(A) be determined by the State agency by a deadline

set by the Secretary, except that no State agency shall

be required to determine the number of such children on

a specific date set by the Secretary; and

‘‘(B) be adjusted, as the Secretary determines is appropriate, to reflect the relative length of such agency’s annual

programs.

‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO RICO.—For

each fiscal year, the amount of the subgrant for which a State

agency in the Commonwealth of Puerto Rico is eligible under this

part shall be equal to—

‘‘(1) the number of children and youth counted under sub- section (a)(1) for the Commonwealth of Puerto Rico; multiplied

by ‘‘(2) the product of—

‘‘(A) the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest

average per-pupil expenditure of any of the 50 States;

and

‘‘(B) 32 percent of the average per-pupil expenditure

in the United States.

‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIA- TIONS.—If the amount appropriated for any fiscal year for subgrants under subsections (a) and (b) is insufficient to pay the full amount

for which all agencies are eligible under such subsections, the

Secretary shall ratably reduce each such amount.

‘‘SEC. 1413. STATE REALLOCATION OF FUNDS.

‘‘If a State educational agency determines that a State agency

does not need the full amount of the subgrant for which such

State agency is eligible under this part for any fiscal year, the

State educational agency may reallocate the amount that will not

be needed to other eligible State agencies that need additional

funds to carry out the purpose of this part, in such amounts as

the State educational agency shall determine.

‘‘SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.

‘‘(a) STATE PLAN.—
H. R. 6—77

‘‘(1) IN GENERAL.—Each State educational agency that

desires to receive a grant under this part shall submit, for

approval by the Secretary, a plan for meeting the needs of

neglected and delinquent youth and, where applicable, youth

at risk of dropping out of school which is integrated with

other programs under this Act, the Goals 2000: Educate America Act, or other Acts, as appropriate, consistent with section

14306.

‘‘(2) CONTENTS.—Each such State plan shall—

‘‘(A) describe the program goals, objectives, and

performance measures established by the State that will

be used to assess the effectiveness of the program in

improving academic and vocational skills of children in

the program;

‘‘(B) provide that, to the extent feasible, such children

will have the same opportunities to learn as such children

would have if such children were in the schools of local

educational agencies in the State; and

‘‘(C) contain assurances that the State educational

agency will—

‘‘(i) ensure that programs assisted under this part

will be carried out in accordance with the State plan

described in this subsection;

‘‘(ii) carry out the evaluation requirements of section 1416;

‘‘(iii) ensure that the State agencies receiving

subgrants under this subpart comply with all

applicable statutory and regulatory requirements; and ‘‘(iv) provide such other information as the Secretary may reasonably require. ‘‘(3) DURATION OF THE PLAN.—Each such State plan shall—

‘‘(A) remain in effect for the duration of the State’s

participation under this part; and

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

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

and programs under this part. ‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.— ‘‘(1) IN GENERAL.—The Secretary shall approve each State

plan that meets the requirements of this part.

‘‘(2) PEER REVIEW.—The Secretary may review any State

plan with the assistance and advice of individuals with relevant

expertise.

‘‘(c) STATE AGENCY APPLICATIONS.—Any State agency that

desires to receive funds to carry out a program under this part

shall submit an application to the State educational agency that—

‘‘(1) describes the procedures to be used, consistent with

the State plan under section 1111, to assess the educational

needs of the children to be served;

‘‘(2) provides assurances that in making services available

to youth in adult correctional facilities, priority will be given

to such youth who are likely to complete incarceration within

a 2-year period;

‘‘(3) describes the program, including a budget for the first

year of the program, with annual updates to be provided to

the State educational agency;

‘‘(4) describes how the program will meet the goals and

objectives of the State plan under this subpart;
H. R. 6—78

‘‘(5) describes how the State agency will consult with

experts and provide the necessary training for appropriate staff,

to ensure that the planning and operation of institution-wide

projects under section 1416 are of high quality;

‘‘(6) describes how the agency will carry out the evaluation

requirements of section 14701 and how the results of the most

recent evaluation are used to plan and improve the program;

‘‘(7) includes data showing that the agency has maintained

fiscal effort required of a local educational agency, in accordance

with section 14501 of this title;

‘‘(8) describes how the programs will be coordinated with

other appropriate State and Federal programs, such as programs under the Job Training Partnership Act, vocational education programs, State and local dropout prevention programs,

and special education programs;

‘‘(9) describes how appropriate professional development

will be provided to teachers and other staff;

‘‘(10) designates an individual in each affected institution

to be responsible for issues relating to the transition of children

and youth from the institution to locally operated programs;

‘‘(11) describes how the agency will, endeavor to coordinate

with businesses for training and mentoring for participating

youth;

‘‘(12) provides assurances that the agency will assist in

locating alternative programs through which students can continue their education if students are not returning to school

after leaving the correctional facility;

‘‘(13) provides assurances that the agency will work with

parents to secure parents’ assistance in improving the educational achievement of their children and preventing their

children’s further involvement in delinquent activities;

‘‘(14) provides assurances that the agency works with special education youth in order to meet an existing individualized

education program and an assurance that the agency will notify

the youth’s local school if such youth— ‘‘(A) is identified as in need of special education services

while the youth is in the facility; and ‘‘(B) intends to return to the local school;

‘‘(15) provides assurances that the agency will work with

youth who dropped out of school before entering the facility

to encourage the youth to reenter school once the term of

the youth has been completed or provide the youth with the

skills necessary to gain employment, continue the education

of the youth, or achieve a secondary school diploma or the

recognized equivalent if the youth does not intend to return

to school;

‘‘(16) provides assurances that teachers and other qualified

staff are also trained to work with children with disabilities

and other students with special needs taking into consideration

the unique needs of such students;

‘‘(17) describes any additional services provided to youth,

such as career counseling, and assistance in securing student

loans and grants; and

‘‘(18) provides assurances that the program under this subpart will be coordinated with any programs operated under

the Juvenile Justice and Delinquency Prevention Act of 1974

or other comparable programs, if applicable.
H. R. 6—79

‘‘SEC. 1415. USE OF FUNDS.

‘‘(a) IN GENERAL.— ‘‘(1) USES.—A State agency shall use funds received under

this subpart only for programs and projects that— ‘‘(A) are consistent with the State plan under section

1414(a); and

‘‘(B) concentrate on providing participants with the

knowledge and skills needed to make a successful transition

to secondary school completion, further education, or

employment.

‘‘(2) PROGRAMS AND PROJECTS.—Such programs and

projects—‘‘(A) may include the acquisition of equipment;

‘‘(B) shall be designed to support educational services

that—

‘‘(i) except for institution-wide projects under section 1416, are provided to children identified by the

State agency as failing, or most at risk of failing,

to meet the State’s challenging State content standards

and challenging State student performance standards; ‘‘(ii) supplement and improve the quality of the

educational services provided to such children by the

State agency; and ‘‘(iii) afford such children an opportunity to learn

to such challenging State standards;

‘‘(C) shall be carried out in a manner consistent with

section 1120A and part F of this title; and

‘‘(D) may include the costs of meeting the evaluation

requirements of section 14701.

‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program under this subpart that supplements the number of hours of instruction students

receive from State and local sources shall be considered to comply

with the supplement, not supplant requirement of section 1120A

without regard to the subject areas in which instruction is given

during those hours.

‘‘SEC. 1416. INSTITUTION-WIDE PROJECTS.

‘‘A State agency that provides free public education for children

and youth in an institution for neglected or delinquent children

(other than an adult correctional institution) or attending a community-day program for such children may use funds received under

this part to serve all children in, and upgrade the entire educational

effort of, that institution or program if the State agency has developed, and the State educational agency has approved, a comprehensive plan for that institution or program that—

‘‘(1) provides for a comprehensive assessment of the educational needs of all youth in the institution or program serving

juveniles;

‘‘(2) provides for a comprehensive assessment of the educational needs of youth aged 20 and younger in adult facilities

who are expected to complete incarceration within a two-year

period;

‘‘(3) describes the steps the State agency has taken, or

will take, to provide all children under age 21 with the opportunity to meet challenging State content standards and challenging State student performance standards in order to

improve the likelihood that the students will complete second-
H. R. 6—80

ary school, attain secondary diploma or its recognized equivalent, or find employment after leaving the institution;

‘‘(4) describes the instructional program, pupil services,

and procedures that will be used to meet the needs described

in paragraph (1), including, to the extent feasible, the provision

of mentors for students;

‘‘(5) specifically describes how such funds will be used;

‘‘(6) describes the measures and procedures that will be

used to assess student progress;

‘‘(7) describes how the agency has planned, and will implement and evaluate, the institution-wide or program-wide project

in consultation with personnel providing direct instructional

services and support services in institutions or communityday programs for neglected or delinquent children and personnel from the State educational agency; and

‘‘(8) includes an assurance that the State agency has provided for appropriate training for teachers and other instructional and administrative personnel to enable such teachers

and personnel to carry out the project effectively.

‘‘SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.

‘‘If a State agency operates a program or project under this

subpart in which individual children are likely to participate for

more than one year, the State educational agency may approve

the State agency’s application for a subgrant under this part for

a period of not more than three years.

‘‘SEC. 1418. TRANSITION SERVICES.

‘‘(a) TRANSITION SERVICES.—Each State agency shall reserve

not more than 10 percent of the amount such agency receives

under this subpart for any fiscal year to support projects that

facilitate the transition of children from State-operated institutions

to local educational agencies.

‘‘(b) CONDUCT OF PROJECTS.—A project supported under this

section may be conducted directly by the State agency, or through

a contract or other arrangement with one or more local educational

agencies, other public agencies, or private nonprofit organizations.

‘‘(c) LIMITATION.—Any funds reserved under subsection (a) shall

be used only to provide transitional educational services, which

may include pupil services and mentoring, to neglected and delinquent children in schools other than State-operated institutions.

‘‘(d) CONSTRUCTION.—Nothing in this section shall be construed

to prohibit a school that receives funds under subsection (a) from

serving neglected and delinquent children simultaneously with students with similar educational needs, in the same educational settings where appropriate.

‘‘Subpart 2—Local Agency Programs

‘‘SEC. 1421. PURPOSE.

‘‘The purpose of this subpart is to support the operation of

local educational agency programs which involve collaboration with

locally operated correctional facilities to—

‘‘(1) carry out high quality education programs to prepare

youth for secondary school completion, training, and employment, or further education;
H. R. 6—81

‘‘(2) provide activities to facilitate the transition of such

youth from the correctional program to further education or

employment; and

‘‘(3) operate dropout prevention programs in local schools

for youth at risk of dropping out of school and youth returning

from correctional facilities.

‘‘SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

‘‘(a) LOCAL SUBGRANTS.—With funds retained made available

under section 1402(b), the State educational agency shall award

subgrants to local educational agencies with high numbers or

percentages of youth residing in locally operated (including county

operated) correctional facilities for youth (including facilities

involved in day programs).

‘‘(b) SPECIAL RULE.—A local educational agency which includes

a correctional facility that operates a school is not required to

operate a dropout prevention program if more than 30 percent

of the youth attending such facility will reside outside the boundaries of the local educational agency upon leaving such facility.

‘‘(c) NOTIFICATION.—A State educational agency shall notify

local educational agencies within the State of the eligibility of

such agencies to receive a subgrant under this subpart.

‘‘SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

‘‘Eligible local educational agencies desiring assistance under

this section shall submit an application to the State educational

agency, containing such information as the State educational agency

may require. Each such application shall include—

‘‘(1) a description of the program to be assisted;

‘‘(2) a description of formal agreements between—

‘‘(A) the local educational agency; and

‘‘(B) correctional facilities and alternative school programs serving youth involved with the juvenile justice system to operate programs for delinquent youth;

‘‘(3) as appropriate, a description of how participating

schools will coordinate with facilities working with delinquent

youth to ensure that such youth are participating in an education program comparable to one operating in the local school

such youth would attend;

‘‘(4) as appropriate, a description of the dropout prevention

program operated by participating schools and the types of

services such schools will provide to at-risk youth in participating schools and youth returning from correctional facilities;

‘‘(5) as appropriate, a description of the youth expected

to be served by the dropout prevention program and how the

school will be coordinating existing educational programs to

meet unique education needs;

‘‘(6) as appropriate, a description of how schools will coordinate with existing social and health services to meet the needs

of students at risk of dropping out of school and other participating students, including prenatal health care and nutrition services related to the health of the parent and child, parenting

and child development classes, child care, targeted re-entry

and outreach programs, referrals to community resources, and

scheduling flexibility;
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‘‘(7) as appropriate, a description of any partnerships with local businesses to develop training and mentoring services

for participating students; ‘‘(8) as appropriate, a description of how the program will involve parents in efforts to improve the educational achievement of their children, assist in dropout prevention activities,

and prevent the involvement of their children in delinquent

activities;

‘‘(9) a description of how the program under this subpart will be coordinated with other Federal, State, and local programs, such as programs under the Job Training and Partnership Act and vocational education programs serving this

at-risk population of youth; ‘‘(10) a description of how the program will be coordinated with programs operated under the Juvenile Justice and Delinquency Prevention Act of 1974 and other comparable programs,

if applicable; ‘‘(11) as appropriate, a description of how schools will work

with probation officers to assist in meeting the needs of youth

returning from correctional facilities; ‘‘(12) a description of efforts participating schools will make to ensure correctional facilities working with youth are aware

of a child’s existing individualized education program; and ‘‘(13) as appropriate, a description of the steps participating schools will take to find alternative placements for youth

interested in continuing their education but unable to participate in a regular public school program.

‘‘SEC. 1424. USES OF FUNDS.

‘‘Funds provided to local educational agencies under this sub- part may be used, where appropriate, for— ‘‘(1) dropout prevention programs which serve youth at educational risk, including pregnant and parenting teens, youth

who have come in contact with the juvenile justice system,

youth at least one year behind their expected grade level,

migrant youth, immigrant youth, students with limited-English

proficiency and gang members; ‘‘(2) the coordination of health and social services for such

individuals if there is a likelihood that the provision of such

services, including day care and drug and alcohol counseling,

will improve the likelihood such individuals will complete their

education; and

‘‘(3) programs to meet the unique education needs of youth at risk of dropping out of school, which may include vocational

education, special education, career counseling, and assistance

in securing student loans or grants.

‘‘SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING FUNDS UNDER THIS SECTION.

‘‘Each correctional facility entering into an agreement with

a local educational agency under section 1422(a) to provide services

to youth under this section shall—

‘‘(1) where feasible, ensure educational programs in juvenile

facilities are coordinated with the student’s home school,

particularly with respect to special education students with

an individualized education program;

‘‘(2) notify the local school of a youth if the youth is identified as in need of special education services while in the facility;
H. R. 6—83

‘‘(3) where feasible, provide transition assistance to help

the youth stay in school, including coordination of services

for the family, counseling, assistance in accessing drug and

alcohol abuse prevention programs, tutoring, and family counseling;

‘‘(4) provide support programs which encourage youth who

have dropped out to reenter school once their term has been

completed or provide such youth with the skills necessary for

such youth to gain employment or seek a secondary school

diploma or its recognized equivalent;

‘‘(5) work to ensure such facilities are staffed with teachers

and other qualified staff who are trained to work with children

with disabilities and other students with special needs taking

into consideration the unique needs of such children and students;

‘‘(6) ensure educational programs in correctional facilities

are related to assisting students meet high educational standards;

‘‘(7) use, to the extent possible, technology to assist in

coordinating educational programs between the juvenile facility

and the community school;

‘‘(8) where feasible, involve parents in efforts to improve

the educational achievement of their children and prevent the

further involvement of such children in delinquent activities;

‘‘(9) coordinate funds received under this program with

other local, State, and Federal funds available to provide services to participating youth, such as funds under the Job Training Partnership Act, and vocational education funds; ‘‘(10) coordinate programs operated under this subpart with

activities funded under the Juvenile Justice and Delinquency

Prevention Act of 1974 and other comparable programs, if

applicable; and

‘‘(11) if appropriate, work with local businesses to develop

training and mentoring programs for participating youth.

‘‘SEC. 1426. ACCOUNTABILITY.

‘‘The State educational agency may—

‘‘(1) reduce or terminate funding for projects under this

section if a local educational agency does not show progress

in reducing dropout rates for male students and for female

students over a 3-year period; and

‘‘(2) require juvenile facilities to demonstrate, after receiving assistance under this subpart for 3 years, that there has

been an increase in the number of youth returning to school,

obtaining a secondary school diploma or its recognized equivalent, or obtaining employment after such youth are released.

‘‘Subpart 3—General Provisions

‘‘SEC. 1431. PROGRAM EVALUATIONS.

‘‘(a) SCOPE OF EVALUATION.—Each State agency or local educational agency that conducts a program under subpart 1 or 2

shall evaluate the program, disaggregating data on participation

by sex, and if feasible, by race, ethnicity, and age, not less than

once every three years to determine the program’s impact on the

ability of participants to—

‘‘(1) maintain and improve educational achievement;
H. R. 6—84

‘‘(2) accrue school credits that meet State requirements

for grade promotion and secondary school graduation; ‘‘(3) make the transition to a regular program or other education program operated by a local educational agency; and ‘‘(4) complete secondary school (or secondary school equiva- lency requirements) and obtain employment after leaving the

institution.

‘‘(b) EVALUATION MEASURES.—In conducting each evaluation under subsection (a), a State agency or local educational agency

shall use multiple and appropriate measures of student progress. ‘‘(c) EVALUATION RESULTS.—Each State agency and local edu- cational agency shall— ‘‘(1) submit evaluation results to the State educational

agency; and ‘‘(2) use the results of evaluations under this section to

plan and improve subsequent programs for participating children and youth.

‘‘SEC. 1432. DEFINITIONS.

‘‘For the purpose of this part:

‘‘(1) The term ‘adult correctional institution’ means a facility in which persons are confined as a result of a conviction

for a criminal offense, including persons under 21 years of

age.‘‘(2) The term ‘at-risk youth’ means school aged youth who

are at risk of academic failure, have drug or alcohol problems,

are pregnant or are parents, have come into contact with the

juvenile justice system in the past, are at least one year behind

the expected grade level for the age of the youth, have limitedEnglish proficiency, are gang members, have dropped out of

school in the past, or have high absenteeism rates at school. ‘‘(3) The term ‘community day program’ means a regular

program of instruction provided by a State agency at a community day school operated specifically for neglected or delinquent

children.

‘‘(4) The term ‘institution for delinquent children and youth’

means a public or private residential facility for the care of

children who have been adjudicated to be delinquent or in

need of supervision.

‘‘(5) The term ‘institution for neglected children’ means

a public or private residential facility, other than a foster

home, that is operated for the care of children who have been

committed to the institution or voluntarily placed in the institution under applicable State law, due to abandonment, neglect,

or death of their parents or guardians.

‘‘PART E—FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS

‘‘SEC. 1501. EVALUATIONS.

‘‘(a) NATIONAL ASSESSMENT.— ‘‘(1) IN GENERAL.—The Secretary shall conduct a national

assessment of programs assisted under this title, in coordination with the ongoing National Evaluation under subsection

(b) that shall be planned, reviewed, and conducted in consultation with an independent panel of researchers, State practitioners, local practitioners, and other appropriate individuals.
H. R. 6—85

‘‘(2) EXAMINATION.—The assessment shall examine how

well schools, local educational agencies, and States are—

‘‘(A) progressing toward the goal of all children served

under this title reaching the State’s challenging State content standards and challenging State student performance

standards; and

‘‘(B) accomplishing the purpose set forth in section

1001(d) to achieve the goal described in paragraph (1),

including—

‘‘(i) ensuring challenging State content standards

and challenging State student performance standards

for all children served under this title and aligning

the efforts of States, local educational agencies, and

schools to help such children reach such standards;

‘‘(ii) providing children served under this title an

enriched and accelerated educational program through

schoolwide programs or through additional services

that increase the amount and quality of instructional

time that such children receive;

‘‘(iii) promoting schoolwide reform and access for

all children served under this title to effective instructional strategies and challenging academic content;

‘‘(iv) significantly upgrading the quality of the

curriculum and instruction by providing staff in participating schools with substantial opportunities for

professional development;

‘‘(v) using and evaluating the usefulness of opportunity-to-learn standards or strategies in improving

learning in schools receiving assistance under this part; ‘‘(vi) coordinating services provided under all parts

of this title with each other, with other educational

and pupil services, including preschool services, and,

to the extent feasible, with health and social service

programs funded from other sources; ‘‘(vii) affording parents of children served under

this title meaningful opportunities to participate in

the education of their children at home and at school,

such as the provision of family literacy services; ‘‘(viii) distributing resources to areas where needs

are greatest; ‘‘(ix) improving accountability, as well as teaching

and learning, by making assessments under this title

congruent with State assessment systems; and ‘‘(x) providing greater decisionmaking authority

and flexibility to schools in exchange for greater

responsibility for student performance.

‘‘(3) NAEP INFORMATION.—Where feasible, the Secretary

shall use information gathered from a variety of sources, including the National Assessment of Educational Progress, State

evaluations, and available research studies, in carrying out

this subsection.

‘‘(4) INTERIM AND FINAL REPORTS.—The Secretary shall submit to the President and the appropriate committees of the

Congress an interim report by January 1, 1996, summarizing

the preliminary findings of the assessment and a final report

of the findings of the assessment by January 1, 1998.

‘‘(b) STUDIES AND DATA COLLECTION.—
H. R. 6—86

‘‘(1) IN GENERAL.—The Secretary may collect such data,

as necessary, at the State, local, and school levels and conduct

studies and evaluations, including national studies and evaluations, to assess on an ongoing basis the effectiveness of programs under this title and to report on such effectiveness

on a periodic basis. The Secretary shall report not later than

December 31, 1997 to the Committee on Education and Labor

of the House of Representatives and the Committee on Labor

and Human Resources of the Senate on how schoolwide programs are meeting the needs of children from migratory

families.

‘‘(2) MINIMUM INFORMATION.—At a minimum, the Secretary

shall collect trend information on the effect of programs under

this title. Such data shall complement the data collected and

reported under subsections (a) and (c).

‘‘(c) NATIONAL EVALUATION OF PART A OF TITLE I.—

‘‘(1) IN GENERAL.—The Secretary shall carry out an ongoing

evaluation of the program assisted under part A of title I

in order to provide the public, the Congress, and educators

involved in such program, an accurate description of the shortand long-term effectiveness of such program and to provide

information that can be used to improve such program’s

effectiveness in enabling students to meet challenging State

content standards and challenging State student performance

standards, graduate from secondary school, and make successful transitions to postsecondary education and work. Such

evaluation shall—

‘‘(A) have a longitudinal design that tracks cohorts

of students within schools of differing poverty concentrations for at least three years which, when the cohorts

are taken as a whole, provides a picture of such program’s

effectiveness over the elementary and secondary grades;

‘‘(B) be separate and independent from State and local

assessments and evaluations as required under this title;

‘‘(C) utilize the highest available content standards

that are generally accepted as national in scope;

‘‘(D) provide information on all students, students

served under part A, and, if funds are sufficient, information on students from low-income families, limited-Englishproficient students, and students with disabilities; and

‘‘(E) when feasible, collect, cross-tabulate, and report

data by sex within race or ethnicity and socioeconomic

status.

‘‘(2) USE.—The Secretary shall use the results of the evaluation described in paragraph (1) as part of the national assessment required by subsection (a) and shall report the data

from such evaluation to the Congress and the public at least

as frequently as reports are made under subsection (a)(4).

‘‘(d) DEVELOPMENTALLY APPROPRIATE MEASURES.—In conducting the national assessment under subsection (a) and the national

ongoing evaluation under subsection (c), the Secretary shall use

developmentally appropriate measures to assess student performance and progress.

‘‘(e) PARENTAL INVOLVEMENT, STUDY, REPORT AND DISSEMINATION.—
H. R. 6—87

‘‘(1) IN GENERAL.—The Secretary, through the Office of

Education Research and Improvement, shall conduct a study

to identify and describe—

‘‘(A) common barriers to effective parental involvement

in the education of participating children; and

‘‘(B) successful local policies and programs which

improve parental involvement and the performance of

participating children.

‘‘(2) DUTIES OF SECRETARY.—The Secretary shall—

‘‘(A) complete such study by December 31, 1996;

‘‘(B) report the findings of such study to the Committee

on Education and Labor of the House of Representatives

and to the Committee on Labor and Human Resources

of the Senate; and

‘‘(C) disseminate the findings, relating to the successful

local policies and programs which improve parental involvement and the performance of participating children, to

local educational agencies.

‘‘SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

‘‘(a) DEMONSTRATION PROGRAMS TO IMPROVE ACHIEVEMENT.—

‘‘(1) IN GENERAL.—From the funds appropriated for any

fiscal year under section 1002(g)(2), the Secretary may make

grants to State educational agencies, local educational agencies,

other public agencies, nonprofit organizations, public or private

partnerships involving business and industry organizations,

and consortia of such entities to carry out demonstration

projects that show the most promise of enabling children served

under this title to meet challenging State content standards

and challenging State student performance standards. Such

projects shall include promising strategies such as— ‘‘(A) accelerated curricula, the application of new technologies to improve teaching and learning, extended learning time, and a safe and enriched full-day environment

for children to provide children the opportunity to reach

such standards;

‘‘(B) integration of education services with each other

and with health, family, and other social services such

as mentoring programs, particularly in empowerment zones

and enterprise communities;

‘‘(C) effective approaches to whole school reform;

‘‘(D) programs that have been especially effective with

limited-English-proficient children, migratory children and

other highly mobile students, children leaving institutions

for neglected or delinquent children and returning to school,

and homeless children and youth;

‘‘(E) programs which are especially effective in recruiting, inducting, and retaining highly qualified teachers for

service in schools with low student achievement; and

‘‘(F) programs that are built upon partnerships developed between elementary and middle schools, employers,

and the community, which emphasize the integration of

high quality academic and vocational learning, stress

excellence and high expectations for success in academic

subjects, instill responsibility, decisionmaking, problem

solving, interpersonal skills, and other compentencies in

students, and make school relevant to the workplace and
H. R. 6—88

the community, through applied and interactive teaching

methodologies, team teaching strategies, learning

opportunities connecting school, the workplace, and the

community, and career exploration, awareness, and career

guidance opportunities.

‘‘(2) EVALUATION.—The Secretary shall evaluate the demonstration projects supported under this title, using rigorous

methodological designs and techniques, including control groups

and random assignment, to the extent feasible, to produce

reliable evidence of effectiveness.

‘‘(b) PARTNERSHIPS.—From funds appropriated under section

1002(g)(2) for any fiscal year, the Secretary may, directly or through

grants or contracts, work in partnership with State educational

agencies, local educational agencies, other public agencies, and nonprofit organizations to disseminate and use the highest quality

research and knowledge about effective practices to improve the

quality of teaching and learning in schools assisted under this

title.

‘‘SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSITION

PROJECTS.

‘‘(a) IN GENERAL.—From the amount appropriated under section

1002(g)(2), the Secretary shall provide not less than $10,000,000,

but not more than $40,000,000 to support innovative transition

projects in elementary schools authorized under this section.

‘‘(b) GRANTS.—

‘‘(1) LOCAL PROGRAMS.—The Secretary shall award grants

to local educational agencies (including such agencies that

operate Follow Through programs, Even Start, and other comparable programs) that have formed consortia with early childhood programs (including Head Start, where available) for the

purpose of supporting projects, for children from low-income

families who previously attended a Head Start program, Even

Start program, or similar preschool program, which provide

education and other services in early elementary grades. ‘‘(2) PURPOSES OF PROJECTS.—The purposes of projects

assisted under this section are to—

‘‘(A) assist eligible children and their families in making a successful transition from preschool through the early

elementary grades; ‘‘(B) enable eligible children to achieve challenging academic standards through a model, developmentally appropriate, instructional program; and ‘‘(C) support the active involvement of parents in the

education of their children.

‘‘(3) COMPONENTS.—A program assisted under this subsection—

‘‘(A) shall provide transition to elementary school

activities, such as—

‘‘(i) development of a transition plan for each child

which provides for instruction, support, and assistance

through the third grade;

‘‘(ii) transfer of each child’s preschool records to

the elementary school (with parental consent);

‘‘(iii) formal meetings between a child’s parent,

preschool teacher, and kindergarten or first grade

teacher; and
H. R. 6—89

‘‘(iv) kindergarten visits and other orientation

activities for preschool children prior to enrollment

in elementary school;

‘‘(B) shall use an instructional approach which—

‘‘(i) has been shown to be effective in providing

transition services; or

‘‘(ii) shows promise of providing effective transition

services;

‘‘(C) shall provide for the direct participation of the

parents of such children in the development, operation,

and evaluation of such program;

‘‘(D) shall provide directly or through referral comprehensive educational, health, nutritional, social, and

other services that aid in the continued development of

eligible children to their full potential;

‘‘(E) shall ensure that each supportive services team

developed pursuant to subsection (c)(8) includes a sufficient

number of family service coordinators to adequately meet

the needs of eligible children and their families; and

‘‘(F) may provide for the use of mentors who are secondary school students to assist elementary and secondary

students who were formerly enrolled in Head Start or

Even Start programs.

‘‘(c) APPLICATIONS.—An application for a grant under subsection

(b) shall—

‘‘(1) describe the goals which the applicant plans to achieve;

‘‘(2) describe the instructional approach the applicant will

use, and the manner in which the applicant will implement

such approach;

‘‘(3) describe the transition to elementary school activities

for which assistance is sought; ‘‘(4) describe the members of the consortium required by subsection (b)(1);

‘‘(5) shall include evidence that the consortium members

each have performed assessments of their programs to ensure

that such members have the capacity to address the health,

immunization, mental health, nutrition, parenting education,

literacy, social service (including substance abuse, education,

and prevention), and educational needs of low-income students

and their families whom the consortium members plan to serve;

‘‘(6) describe how the project will be coordinated with title

I, title VII, and other programs under this Act; ‘‘(7) provide evidence that the proposed transition activities,

instruction, and other services to be provided by the applicant

have been specifically designed to build upon, and coordinate

with, the services provided to eligible children and their parents

by local Head Start, Even Start, and other similar preschool

programs;

‘‘(8) include—

‘‘(A) a plan for the development of a support services

team, including a family service coordinator, to—

‘‘(i) assist families, administrators, and teachers

to respond to health, immunization, mental health,

nutrition, social service, and educational needs of

eligible students;

‘‘(ii) conduct home visits and help students and

their families to obtain health, immunization, mental
H. R. 6—90

health, nutrition, parenting education, literacy, education (including tutoring and remedial services), and

social services (including substance abuse treatment,

education, and prevention), for which students and

their families are eligible;

‘‘(iii) coordinate a family outreach and support program, including a plan for involving parents in the

management of the program under subsection (b), in

cooperation with parental involvement efforts undertaken pursuant to this part, the Head Start Act, and

the Individuals with Disabilities Education Act, including school-parent compacts, parent volunteer activities,

parent education services and training such as the

services and training provided through the Even Start

program, and regular meetings; and

‘‘(iv) assist families, administrators, and teachers

in enhancing developmental continuity between the

programs assisted under the Head Start Act, other

early childhood development programs, and elementary

school classes; or

‘‘(B) a description of the comprehensive, coordinated

services currently provided to children eligible for services

under this section;

‘‘(9) designate a member of the support services team

described in paragraph (8) who will serve as the supervisor

of such support services team;

‘‘(10) contain assurances that State agencies, local agencies,

and community-based organizations that provide support services to low-income students served by the local educational

agency consortium have been consulted in the preparation of

the plan described in paragraph (8); ‘‘(11) contain assurances that State agencies, local agencies,

and community-based organizations served by the local educational agency consortium will designate an individual who

will act as a liaison to the support services team described

in paragraph (8); ‘‘(12) describe the target population to be served by the support services team described in paragraph (8), including

families previously served under part C of the Head Start

Act, or other comparable early childhood development program; ‘‘(13) describe the support services to be provided, directly

or through referral; ‘‘(14) describe the Federal and non-Federal resources that

will be used to carry out the program; ‘‘(15) contain assurances that the support services described

in paragraph (8) will be equipped to assist children and families

with limited-English proficiency or with disabilities;

‘‘(16) include a plan describing how the program assisted

under this section will be sustained, with funding received

under part A or other Federal and non-Federal funding sources,

after the grant has expired; and

‘‘(17) contain such other information as the Secretary may

reasonably require.

‘‘(d) NATIONAL ACTIVITIES.—

‘‘(1) IN GENERAL.—Of the amount provided under subsection

(a) to carry out this section, the Secretary shall use not less

than $3,000,000 but not more than $5,000,000 to carry out
H. R. 6—91

national activities to evaluate and improve the use of innovative

transition programs.

‘‘(2) TECHNICAL ASSISTANCE AND TRAINING.— Of the amount

reserved under paragraph (1), the Secretary shall use not less

than $3,000,000 to award grants to public and private nonprofit

agencies, institutions, and organizations to provide to consortia

which receive grants under subsection (b)(1) and, to the extent

feasible, to schools that are designated schoolwide programs

under section 1114—

‘‘(A) technical assistance in the implementation and

expanded use of model transition and instructional

approaches, including the use of appropriate pedagogy,

efforts to increase parental involvement and providing

access to coordinated services; and

‘‘(B) training in conjunction with the implementation

and operation of such model approaches.

‘‘(3) COORDINATION AND DISSEMINATION.—The Secretary, in

cooperation with the Secretary of Health and Human Services,

may promote coordination of activities assisted under this section with the projects funded under the Head Start Transition

Projects Act, including a process to—

‘‘(A) collect information on program activities and

results; and

‘‘(B) disseminate information on successful transition

programs.

‘‘(4) EVALUATION.—(A) The Secretary, in cooperation with

the Secretary of Health and Human Services, is authorized

to award grants, or enter into contracts or cooperative agreements, to provide for the evaluation of the programs assisted

under this section.

‘‘(B) To the extent practicable, such evaluations shall be

conducted jointly with evaluations of Head Start Transition

Projects. ‘‘(5) OTHER ACTIVITIES.—The Secretary may undertake

other activities to promote the replication of successful transition programs.

‘‘(e) COORDINATION OF REGULATIONS.—The Secretary shall work

with the Secretary of Health and Human Services to coordinate

regulations promulgated under this section with regulations promulgated under the Head Start Act Amendments of 1994. ‘‘(f) GENERAL PROVISIONS.— ‘‘(1) PRIORITY.—In awarding grants under subsection (b)(1),

the Secretary shall give priority to applicants that— ‘‘(A) will operate a project under this section at a

school designated as a schoolwide program under section

1114;

‘‘(B) serve local educational agencies that have the

highest numbers or percentages of poor children; and

‘‘(C) demonstrate a significant commitment by the

community to the proposed program, as evidenced by the

level of resources, both cash and in-kind, from other public

and private sources available to the consortium.

‘‘(2) SUPPLEMENT.—An application for assistance under this

section may not be approved unless the Secretary is satisfied

that the services to be provided by the applicant will supplement, and not supplant, services that previously provided other

Federal assistance.
H. R. 6—92

‘‘(3) SUFFICIENT SIZE.—A grant under subsection (b)(1) shall be of sufficient size and scope to enable the grantee to operate

a project which meets the requirements of this section. ‘‘(4) URBAN AND RURAL GRANTS.—To the extent practicable, the Secretary shall award grants under subsection (b)(1) to

consortia in both urban and rural areas.

‘‘(5) RENEWAL GRANT.—To be eligible to renew a grant

under the section, an applicant that received assistance under

subsection (b)(1) shall demonstrate that the project achieved

the purposes described in subsection (b)(2).

‘‘(g) DEFINITIONS.—As used in this section:

‘‘(1) FAMILY SERVICES COORDINATOR.—The term ‘family

services coordinator’ means an individual who has the skills

necessary to assist families in obtaining support services and

may be an existing employee of a local educational agency

or Head Start agency.

‘‘(2) HEAD START AGENCY.—The term ‘Head Start agency’

means any agency designated as a Head Start agency under

the Head Start Act (42 U.S.C. 9831 et seq.).

‘‘(3) SUPPORT SERVICES.—The term ‘support services’ means

services that enhance the physical, social, emotional, and

intellectual development of low-income children, including the

provision of necessary support to the parents and other family

members of such children.

‘‘PART F—GENERAL PROVISIONS

‘‘SEC. 1601. FEDERAL REGULATIONS.

‘‘(a) IN GENERAL.—The Secretary is authorized to issue such

regulations as are necessary to reasonably ensure that there is

compliance with this title.

‘‘(b) NEGOTIATED RULEMAKING PROCESS.—

‘‘(1) IN GENERAL.—Prior to publishing in the Federal Register proposed regulations to carry out this title, the Secretary

shall obtain the advice and recommendations of representatives

of Federal, State, and local administrators, parents, teachers,

and members of local boards of education involved with the

implementation and operation of programs under this title.

‘‘(2) MEETINGS AND ELECTRONIC EXCHANGE.—Such advice

and recommendation may be obtained through such mechanisms as regional meetings and electronic exchanges of information.

‘‘(3) PROPOSED REGULATIONS.—After obtaining such advice

and recommendations, and prior to publishing proposed regulations, the Secretary shall— ‘‘(A) establish a negotiated rulemaking process on a

minimum of two key issues, including— ‘‘(i) schoolwide programs; and

‘‘(ii) standards and assessment;

‘‘(B) select individuals to participate in such process

from among individuals or groups which provided advice

and recommendations, including representation from all

geographic regions of the United States; and

‘‘(C) prepare a draft of proposed policy options that

shall be provided to the individuals selected by the Secretary under subparagraph (A) not less than 15 days prior

to the first meeting under such process.
H. R. 6—93

‘‘(4) PROCESS.—Such process—

‘‘(A) shall be conducted in a timely manner to ensure

that final regulations are issued by the Secretary not later

than July 1, 1995; and

‘‘(B) shall not be subject to the Federal Advisory

Committee Act but shall otherwise follow the provisions

of the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561

et seq.).

‘‘(5) EMERGENCY SITUATION.—In an emergency situation

in which regulations to carry out this title must be issued

with a very limited time to assist State and local educational

agencies with the operation of a program under this title,

the Secretary may issue proposed regulations without following

such process but shall, immediately thereafter and prior to

issuing final regulations, conduct regional meetings to review

such proposed regulations.

‘‘(c) LIMITATION.—Regulations to carry out this part may not

require local programs to follow a particular instructional model,

such as the provision of services outside the regular classroom

or school program.

‘‘SEC. 1602. COORDINATION OF FEDERAL, STATE, AND LOCAL ADMINISTRATION.

‘‘(a) PROGRAM ASSISTANCE MANUAL.—The Secretary shall, not

later than six months after the publication of final regulations

under this title, prepare and distribute to State educational agencies, State agencies operating programs under parts C and D,

and local educational agencies, and shall make available to parents

and other interested individuals, organizations, and agencies, a

manual for this title to—

‘‘(1) assist such agencies in— ‘‘(A) enhancing the quality, increasing the depth, or

broadening the scope of activities for programs under this

title;

‘‘(B) applying for program funds under this title; and

‘‘(C) meeting the program objectives under this title; ‘‘(2) assist State educational agencies in achieving proper

and efficient administration of programs funded under this

title;

‘‘(3) assist parents to become involved in the planning

for, and implementation and evaluation of, programs and

projects under this title; and ‘‘(4) ensure that officers and employees of the Department,

including officers and employees of the Secretary and officers

and employees of the Department charged with auditing programs carried on under this title, uniformly interpret, apply,

and enforce requirements under this title throughout the

United States.

‘‘(b) CONTENTS OF POLICY MANUAL.—The policy manual shall,

with respect to programs carried out under this title, contain

descriptions, statements, procedural and substantive rules, opinions, policy statements and interpretations and indices to and

amendments of the foregoing, and in particular, whether or not

such descriptions, statements, procedural and substantive rules,

opinions, policy statements and interpretations and indices are

required under section 552 of title 5, United States Code, to be

published or made available. The manual shall include—
H. R. 6—94

‘‘(1) a statement of the requirements applicable to the programs carried out under this title, including such requirements

contained in this title, the General Education Provisions Act,

other applicable statutes, and regulations issued under the

authority of such statutes;

‘‘(2) an explanation of the purpose of each requirement

and its interrelationship with other applicable requirements;

and

‘‘(3) model forms and instructions developed by the Secretary for use by State and local educational agencies, at the

discretion of such agencies, including, application forms,

application review checklists, and instruments for monitoring

programs under this title.

‘‘(c) RESPONSE TO INQUIRIES.—The Secretary shall respond with

written guidance not later than 90 days after any written request

(return receipt requested) from a State or local educational agency

regarding a policy, question, or interpretation under this title is

received. In the case of a request from a local educational agency,

such agency is required to address its request to the State educational agency first.

‘‘SEC. 1603. STATE ADMINISTRATION.

‘‘(a) RULEMAKING.—

‘‘(1) IN GENERAL.—Each State that receives funds under

this title shall—

‘‘(A) ensure that any State rules, regulations, and policies relating to this title conform to the purposes of this

title and provide any such proposed rules, regulations,

and policies to the committee of practitioners under subsection (b) for their review and comment;

‘‘(B) minimize such rules, regulations, and policies to

which their local educational agencies and schools are subject; and ‘‘(C) identify any such rule, regulation, or policy as

a State-imposed requirement.

‘‘(2) SUPPORT AND FACILITATION.—State rules, regulations,

and policies under this title shall support and facilitate local

educational agency and school-level systemic reform designed

to enable all children to meet the challenging State content

standards and challenging State student performance standards.

‘‘(b) COMMITTEE OF PRACTITIONERS.— ‘‘(1) IN GENERAL.—Each State educational agency shall create a State committee of practitioners to advise the State in

carrying out its responsibilities under this title.

‘‘(2) MEMBERSHIP.—Each such committee shall include—

‘‘(A) as a majority of its members, representatives from

local educational agencies;

‘‘(B) administrators;

‘‘(C) teachers, including vocational educators;

‘‘(D) parents;

‘‘(E) members of local boards of education;

‘‘(F) representatives of private school children; and

‘‘(G) pupil services personnel.

‘‘(3) DUTIES.—The duties of such committee shall include

a review, prior to publication, of any proposed or final State

rule or regulation pursuant to this title. In an emergency situa-
H. R. 6—95

tion where such rule or regulation must be issued within a

very limited time to assist local educational agencies with the

operation of the program under this title, the State educational

agency may issue a regulation without prior consultation, but

shall immediately thereafter convene the State committee of

practitioners to review the emergency regulation prior to issuance in final form.

‘‘(c) PAYMENT FOR STATE ADMINISTRATION.—Each State may

reserve for the proper and efficient performance of its duties under

this title the greater of—

‘‘(1) 1.00 percent of the funds received under subsections

(a), (c), and (d) of section 1002; or

‘‘(2) $400,000, or $50,000 in the case of the outlying areas.

‘‘SEC. 1604. CONSTRUCTION.

‘‘(a) PROHIBITION OF FEDERAL MANDATES, DIRECTION, OR CONTROL.—Nothing in this title shall be construed to authorize an

officer or employee of the Federal Government to mandate, direct,

or control a State, local educational agency, or school’s specific

instructional content or pupil performance standards and assessments, curriculum, or program of instruction as a condition of

eligibility to receive funds under this title.

‘‘(b) EQUALIZED SPENDING.—Nothing in this title shall be construed to mandate equalized spending per pupil for a State, local

educational agency, or school.

‘‘(c) BUILDING STANDARDS.—Nothing in this title shall be construed to mandate national school building standards for a State,

local educational agency, or school.

‘‘TITLE II—DWIGHT D. EISENHOWER

PROFESSIONAL DEVELOPMENT PROGRAM

‘‘SEC. 2001. FINDINGS.

‘‘The Congress finds as follows:

‘‘(1) Reaching the National Education Goals, particularly

the third, fourth, and fifth National Education Goals, requires

a comprehensive educational reform strategy that involves parents, schools, government, communities, and other public and

private organizations at all levels.

‘‘(2) A crucial component of the strategy for achieving such

goals is ensuring, through sustained and intensive high-quality

professional development, that all teachers will provide challenging learning experiences in the core academic subjects for

their students.

‘‘(3) Decisionmaking as to what activities a State or local

educational agency should undertake to improve teaching and

learning are best made by individuals in the schools closest

to the classroom and most knowledgeable about the needs

of schools and students.

‘‘(4) The potential positive impact of high-quality professional development is underscored by recent research findings

that—
H. R. 6—96

‘‘(A) professional development must be focused on

teaching and learning in order to improve the opportunities

of all students to achieve higher standards;

‘‘(B) effective professional development focuses on discipline-based knowledge and effective subject-specific pedagogical skills, involves teams of teachers, and, where appropriate, administrators and pupil services personnel, in a

school and, through professional networks of teachers, and,

where appropriate, teacher educators, administrators, pupil

services personnel, and parents, is interactive and collaborative, motivates by its intrinsic content and relationship

to practice, builds on experience and learning-by-doing,

and becomes incorporated into the everyday life of the

school;

‘‘(C) professional development can dramatically

improve classroom instruction and learning when teachers,

and, where appropriate, administrators, pupil services

personnel, and parents, are partners in the development

and implementation of such professional development; and

‘‘(D) new and innovative strategies for teaching to high

standards will require time for teachers, outside of the

time spent teaching, for instruction, practice, and collegial

collaboration.

‘‘(5) Special attention must be given in professional development activities to ensure that education professionals are

knowledgeable of, and make use of, strategies for serving populations that historically have lacked access to equal opportunities for advanced learning and career advancement. ‘‘(6) Professional development is often a victim of budget

reductions in fiscally difficult times. ‘‘(7) The Federal Government has a vital role in helping

States and local educational agencies to make sustained and

intensive high-quality professional development in the core academic subjects become an integral part of the elementary and

secondary education system. ‘‘(8) Professional development activities must prepare

teachers, pupil services personnel, paraprofessionals and other

staff in the collaborative skills needed to appropriately teach

children with disabilities, in the core academic subjects. ‘‘(9) Parental involvement is an important aspect of school

reform and improvement. There is a need for special attention

to ensure the effective involvement of parents in the education

of their children. Professional development should include

methods and strategies to better prepare teachers and, where

appropriate, administrators, to enable parents to participate

fully and effectively in their children’s education.

‘‘SEC. 2002. PURPOSES.

‘‘The purposes of this title are to provide assistance to State

and local educational agencies and to institutions of higher education with teacher education programs so that such agencies and

institutions can determine how best to improve the teaching and

learning of all students by—

‘‘(1) helping to ensure that teachers, and, where appropriate, other staff and administrators, have access to sustained

and intensive high-quality professional development that is

aligned to challenging State content standards and challenging
H. R. 6—97

State student performance standards, and to support the development and implementation of sustained and intensive highquality professional development activities in the core academic

subjects; and

‘‘(2) helping to ensure that teachers, and, where appropriate, administrators, other staff, pupil services personnel,

and parents, have access to professional development that—

‘‘(A) is tied to challenging State content standards and

challenging State student performance standards;

‘‘(B) reflects recent research on teaching and learning;

‘‘(C) includes strong academic content and pedagogical

components;

‘‘(D) incorporates effective strategies, techniques, methods, and practices for meeting the educational needs of

diverse student populations, including females, minorities,

individuals with disabilities, limited-English-proficient

individuals, and economically disadvantaged individuals,

in order to ensure that all students have the opportunity

to achieve challenging State student performance standards;

‘‘(E) is of sufficient intensity and duration to have

a positive and lasting impact on the teacher’s performance

in the classroom; and

‘‘(F) is part of the everyday life of the school and

creates an orientation toward continuous improvement

throughout the school.

‘‘SEC. 2003. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION

BETWEEN PARTS.

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this title, there are authorized to be appropriated

$800,000,000 for fiscal year 1995 and such sums as may be necessary for each of the four succeeding fiscal years.

‘‘(b) ALLOCATION BETWEEN PARTS.—Of the amounts appropriated to carry out this title for any fiscal year, the Secretary

shall make available—

‘‘(1) 5 percent of such amounts to carry out subpart 1,

of which 5 percent of such 5 percent shall be available to

carry out section 2103;

‘‘(2) 94 percent of such amounts to carry out part B; and

‘‘(3) 1 percent of such amounts to carry out part C except

that such 1 percent shall not exceed $3,200,000 in any fiscal

year.

‘‘PART A—FEDERAL ACTIVITIES

‘‘SEC. 2101. PROGRAM AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary is authorized to make grants

to, and enter into contracts and cooperative agreements with, local

educational agencies, educational service agencies, State educational agencies, State agencies for higher education, institutions

of higher education, and other public and private agencies, organizations, and institutions to—

‘‘(1) support activities of national significance that the Secretary determines will contribute to the development and

implementation of high-quality professional development activities in the core academic subjects; and
H. R. 6—98

‘‘(2) evaluate activities carried out under this part and

parts B and C, in accordance with section 14701.

‘‘(b) REQUIREMENTS.—In carrying out the activities described

in subsection (a), the Secretary shall coordinate professional development programs within the Department, particularly with those

programs within the Office of Educational Research and Improvement and the Office of Special Education and Rehabilitative Services, and shall consult and coordinate with the National Science

Foundation, the National Endowment for the Humanities, the

National Endowment for the Arts, the Institute of Museum Services,

and other appropriate Federal agencies and entities.

‘‘SEC. 2102. AUTHORIZED ACTIVITIES.

‘‘(a) ACTIVITIES.—The Secretary shall use funds available to

carry out this part for—

‘‘(1) providing seed money to the entities described in section 2101(a) to develop the capacity of such entities to offer

sustained and intensive high-quality professional development;

‘‘(2) awarding a grant or contract, in consultation with

the Director of the National Science Foundation, to establish

an Eisenhower National Clearinghouse for Mathematics and

Science Education (hereafter in this section referred to as the

‘Clearinghouse’); and

‘‘(3) evaluating programs assisted under this part and parts

B and C, in accordance with section 14701.

‘‘(b) CLEARINGHOUSE.—

‘‘(1) APPLICATION AND AWARD BASIS.—Each entity desiring

to establish and operate the Clearinghouse authorized by subsection (a)(2) shall submit an application to the Secretary at

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

contract awarded pursuant to subsection (a)(2) shall be made

on a competitive, merit basis.

‘‘(2) DURATION.—The grant or contract awarded under sub- section (a)(2) shall be awarded for a period of five years and

shall be reviewed by the Secretary not later than 30 months

from the date the grant or contract is awarded. ‘‘(3) USE OF FUNDS.—The grant or contract awarded under subsection (a)(2) shall be used to—

‘‘(A) maintain a permanent repository of mathematics

and science education instructional materials and programs

for elementary and secondary schools, including middle

schools (including, to the extent practicable, all materials

and programs developed with Federal and non-Federal

funds, such as instructional materials developed by the

Department, materials developed by State and national

mathematics and science programs assisted under this

part, and other instructional materials) for use by the

regional consortia established under part C of title XIII

and by the general public;

‘‘(B) compile information on all mathematics and

science education programs administered by each Federal

agency or department;

‘‘(C) disseminate information, programs, and instructional materials to the public, dissemination networks, and

the regional consortia established under part C of title

XIII;
H. R. 6—99

‘‘(D) coordinate with identifiable and existing data

bases containing mathematics and science curriculum and

instructional materials, including Federal, non-Federal,

and, where feasible, international, data bases;

‘‘(E) participate in collaborative meetings of representatives of the Clearinghouse and the regional consortia established under part C of title XIII to discuss issues of common

interest and concern, to foster effective collaboration and

cooperation in acquiring and distributing curriculum materials and programs, and to coordinate computer network

access to the Clearinghouse and the resources of the

regional consortia, except that not more than 3 percent

of the funds awarded under subsection (a)(2) shall be used

to carry out this subparagraph; and

‘‘(F) gather qualitative and evaluative data on submissions to the Clearinghouse.

‘‘(4) SUBMISSION TO CLEARINGHOUSE.—Each Federal agency

or department which develops mathematics or science education

instructional material or programs, including the National

Science Foundation and the Department, shall submit to the

Clearinghouse copies of such material or programs.

‘‘(5) PEER REVIEW.—The Secretary shall establish a peer

review process to select the recipient of the award under subsection (a)(2).

‘‘(6) STEERING COMMITTEE.—The Secretary may appoint a

steering committee to recommend policies and activities for

the Clearinghouse.

‘‘(7) APPLICATION OF COPYRIGHT LAWS.—Nothing in this

subsection shall be construed to allow the use or copying,

in any media, of any material collected by the Clearinghouse

that is protected under the copyright laws of the United States

unless the permission of the owner of the copyright is obtained.

The Clearinghouse, in carrying out the provisions of this subsection, shall ensure compliance with title 17, United States

Code.

‘‘(8) DISSEMINATION OF INFORMATION.—The Secretary shall

disseminate information concerning the grant or contract

awarded under this section to State and local educational agencies and institutions of higher education. Such dissemination

of information shall include examples of exemplary national

programs in mathematics and science instruction and necessary

technical assistance for the establishment of similar programs.

‘‘(c) USES OF FUNDS.—The Secretary may use funds available

to carry out this part for— ‘‘(1) the development and maintenance of national clearinghouses for core academic subjects as the Secretary determines

are needed and which shall be administered as adjunct clearinghouses of the Educational Resources Information Center

Clearinghouses system of clearinghouses supported by the

Office of Educational Research and Improvement;

‘‘(2) professional development institutes that provide teachers or teams of teachers, and, where appropriate, administrators, pupil services personnel and other staff, from individual

schools, with professional development that contains strong

and integrated disciplinary and pedagogical components;

‘‘(3) encouraging the development of local and national

professional networks, such as the Teacher Research Dissemi-
H. R. 6—100

nation Demonstration Program under section 941(j) of the Educational Research, Development, Dissemination, and Improvement Act of 1994, that provide a forum for interaction among

teachers of the core academic subjects and that allow the

exchange of information on advances in content and pedagogy;

‘‘(4) efforts to train teachers in the innovative uses and

applications of technology to enhance student learning;

‘‘(5) the development and dissemination of model teaching

standards in the core academic subjects;

‘‘(6) disseminating standards in the core academic subjects,

including information on voluntary national content standards

and voluntary national student performance standards and

related models of high-quality professional development;

‘‘(7) the dissemination of information about voluntary

national content standards, State content standards, voluntary

national student performance standards and State student

performance standards, and related models of high-quality

professional development;

‘‘(8) efforts to train teachers in innovative instructional

methodologies designed to meet the diverse learning needs

of individual students, including methodologies which integrate

academic and vocational learning and applied learning, interactive, interdisciplinary team teaching, and other alternative

teaching strategies, such as service learning, experiential learning, career-related education, and environmental education,

that integrate real world applications into the core academic

subjects;

‘‘(9) disseminating models of high-quality professional

development activities that train educators in strategies, techniques, methods, and practices for meeting the educational

needs of historically underserved populations, including

females, minorities, individuals with disabilities, limited-English-proficient individuals, and economically disadvantaged

individuals, in order to ensure that all students have the opportunity to achieve challenging State student performance standards;

‘‘(10) promoting the transferability of licensure and certification of teachers and administrators among State and local

jurisdictions; ‘‘(11) supporting the National Board for Professional Teaching Standards; ‘‘(12) developing activities to prepare teachers, and, where

appropriate, paraprofessionals, pupil services personnel, and

other staff in the collaborative skills needed to appropriately

teach children with disabilities in the core academic subjects;

‘‘(13) encouraging the development of innovative models

for recruitment, induction, retention, and assessment of new,

highly qualified teachers, especially such teachers from historically underrepresented groups; and

‘‘(14) joint activities with other Federal agencies and entities engaged in or supporting similar professional development

efforts.

‘‘SEC. 2103. NATIONAL TEACHER TRAINING PROJECT.

‘‘(a) SHORT TITLE; FINDINGS; DEFINITIONS.—

‘‘(1) SHORT TITLE.—This section may be cited as the

‘National Teacher Training Project Act of 1994’.
H. R. 6—101

‘‘(2) FINDINGS.—The Congress finds that—

‘‘(A) teachers must be major players in educational

reform in the United States;

‘‘(B) teachers are isolated from their peers and have

virtually no time during the school day to consult with

other teachers;

‘‘(C) there is a shortage of sustained, year-round professional development programs for teachers;

‘‘(D) successful teaching methods are not adequately

shared among teachers;

‘‘(E) teachers are the best teachers of other teachers

because practicing classroom teachers have experience that

no outside consultant can match;

‘‘(F) it is important for universities and schools to

collaborate on teacher development programs if teaching

and learning are to be improved;

‘‘(G) pertinent research is not shared among teachers

in a professional setting;

‘‘(H) exemplary teachers should be recognized for their

abilities and contributions and encouraged to refine their

teaching methods;

‘‘(I) each State should support a nationally based

teacher training program, that is modeled after the

National Writing Project, for teachers of early childhood

education, and for teachers of core academic subjects

including teachers of mathematics, science, English, civics

and government, foreign languages, and arts;

‘‘(J) the National Writing Project is a nationally recognized and honored nonprofit organization that recognizes

there are teachers in every region of the United States

who have developed successful methods for teaching writing

and that such teachers can be trained and encouraged

to train other teachers;

‘‘(K) the National Writing Project is a collaborative

university-school program which offers summer and school

year inservice teacher training programs and a dissemination network to inform and teach teachers regarding developments in the field of writing; ‘‘(L) each year, over 125,000 teachers voluntarily seek

training in National Writing Project intensive summer

institutes and workshops and school year inservice programs through one of the 155 sites located within the

United States, and in 18 sites located outside of the United

States;

‘‘(M) in the 20 years of its existence, over 1,100,000

teachers, administrators, and parents have participated in

National Writing Project programs;

‘‘(N) less than $16 per teacher was the average cost

in Federal dollars for all teacher training at writing projects

in academic year 1991–1992;

‘‘(O) for every dollar in Federal support, the National

Writing Project provides over $5 in matching funds from

States, local universities and schools, and the private sector;

‘‘(P) private foundation resources, although generous

in the past concerning National Writing Project programs,

are inadequate to fund all of the National Teacher Training
H. R. 6—102

Project sites needed, and the future of the program is

in jeopardy without secure financial support;

‘‘(Q) the National Writing Project has become a model

for programs in other fields, such as science, mathematics,

history, literature, foreign languages, and the performing

arts, and the development of programs in other fields

should continue with the support of Federal funds; and

‘‘(R) each of the 50 States should participate in the

National Teacher Training Project by establishing regional

teacher training sites in early childhood development,

mathematics, science, English, civics and government, foreign languages, and arts to serve all teachers within the

State.

‘‘(3) DEFINITIONS.—For the purpose of this section—

‘‘(A) the term ‘contractor’ means—

‘‘(i) a local educational agency;

‘‘(ii) an educational service agency; or

‘‘(iii) an institution of higher education that awards

a bachelor’s degree; and

‘‘(B) the term ‘eligible recipient’ means a nonprofit

educational organization which has as its primary purpose

the improvement of student learning in one of the core

academic subjects described in subsection (b)(2).

‘‘(b) GRANTS AUTHORIZED.—

‘‘(1) GRANTS TO ELIGIBLE RECIPIENTS.—The Secretary is

authorized to award a grant to an eligible recipient to enable

such recipient—

‘‘(A) to support and promote the establishment of

teacher training programs in early childhood development

and one of the nine core subject areas described in paragraph (2), including the dissemination of effective practices

and research findings regarding teacher training, and

administrative activities;

‘‘(B) to support classroom research on effective teaching

practices in such area; and

‘‘(C) to pay the Federal share of the cost of such programs and research.

‘‘(2) CORE SUBJECT AREAS.—To the extent feasible, the Secretary shall award a grant under paragraph (1) for the

establishment of a National Teacher Training Project in early

childhood development and each of the following core subject

areas:

‘‘(A) Mathematics.

‘‘(B) Science.

‘‘(C) English.

‘‘(D) Civics and government.

‘‘(E) Foreign languages.

‘‘(F) Arts.

‘‘(G) Geography.

‘‘(H) History.

‘‘(I) Economics.

‘‘(3) NUMBER OF GRANTS AND ELIGIBLE RECIPIENTS.—The

Secretary shall award not more than ten grants under paragraph (1) to ten different eligible recipients.

‘‘(4) EQUITABLE DISTRIBUTION.—The Secretary shall award

grants under paragraph (1) to eligible recipients from different

geographic areas of the United States.
H. R. 6—103

‘‘(5) SPECIAL RULE.—Each grant under paragraph (1) shall

be of sufficient size, scope, and quality to be effective.

‘‘(6) ADMINISTRATIVE COSTS AND TECHNICAL ASSISTANCE.—

Each eligible recipient receiving a grant under paragraph (1)

may use not more than a total of 5 percent of the grant

funds for administrative costs and the costs of providing technical assistance to a contractor.

‘‘(c) GRANT REQUIREMENTS.—Each eligible recipient receiving

a grant under subsection (b) shall—

‘‘(1) enter into a contract with a contractor under which

such contractor agrees—

‘‘(A) to establish, operate, and provide the non-Federal

share of the cost of teacher training programs in effective

approaches and processes for the teaching of the core academic subjects for which such eligible recipient was

awarded a grant, including approaches and processes to

obtain parental involvement in a child’s education; and

‘‘(B) to use funds received from the eligible recipient

to pay the Federal share of the cost of establishing and

operating teacher training programs described in subparagraph (A);

‘‘(2) to submit annual reports to the Secretary and be

responsible for oversight of the funds expended at each teacher

training program described in subparagraph (A); and

‘‘(3) meet such other conditions and standards as the Secretary determines to be necessary to ensure compliance with

this section and provide such technical assistance as may be

necessary to carry out this section.

‘‘(d) TEACHER TRAINING PROGRAMS.—The teacher training pro- grams described in subsection (b) shall— ‘‘(1) be conducted during the school year and during the

summer months;

‘‘(2) train teachers who teach grades kindergarten through

college; ‘‘(3) select teachers to become members of a National

Teacher Training Project, which members shall conduct

inservice workshops for other teachers in the area subject matter served by the National Teacher Training Project site; ‘‘(4) use teacher training principles and receive technical

assistance from the National Writing Project; and ‘‘(5) encourage teachers from all disciplines to participate

in such teacher training programs.

‘‘(e) FEDERAL SHARE.—The term ‘Federal share’ means, with

respect to the costs of teacher training programs described in subsection (b), 50 percent of such costs to the contractor.

‘‘(f) APPLICATION.—Each eligible recipient desiring a grant

under this section shall submit an application to the Secretary

at such time, in such manner, and accompanied by such information

as the Secretary may reasonably require.

‘‘(g) PARTICIPANTS AND SELECTION PROCESS.—The selection

process for participation in a teacher training program described

in subsection (b) shall—

‘‘(1) reward exemplary teachers with varying levels of teaching experience who are nominated by other teachers and

administrators;

‘‘(2) involve an application process to select participants

for a summer program;
H. R. 6—104

‘‘(3) ensure the selection of a geographically and ethnically diverse group of teachers by soliciting applications from teachers of both public and private institutions in rural, urban,

and suburban settings in each State; and ‘‘(4) automatically offer a place in a summer program to the ‘Teacher of the Year’ chosen pursuant to a Federal or

State teacher recognition program.

‘‘(h) LIMITATION.—A contractor entering into a contract under subsection (c)(1) shall not spend more than 5 percent of funds

received under the contract for administrative costs.

‘‘PART B—STATE AND LOCAL ACTIVITIES

‘‘SEC. 2201. PROGRAM AUTHORIZED.

‘‘The Secretary is authorized to make grants to State edu- cational agencies for the improvement of teaching and learning

through sustained and intensive high-quality professional development activities in the core academic subjects at the State and

local levels.

‘‘SEC. 2202. ALLOCATION OF FUNDS.

‘‘(a) RESERVATION OF FUNDS.—From the amount available to

carry out this part for any fiscal year, the Secretary shall reserve— ‘‘(1) 1⁄2 of 1 percent for the outlying areas, to be distributed among the outlying areas on the basis of their relative need,

as determined by the Secretary in accordance with the purposes

of this part; and ‘‘(2) 1⁄2 of 1 percent for the Secretary of the Interior for programs under this part for professional development activities

for teachers, other staff, and administrators in schools operated

or funded by the Bureau of Indian Affairs.

‘‘(b) STATE ALLOCATIONS.—The Secretary shall allocate the amount available to carry out this part and not reserved under

subsection (a) to each of the 50 States, the District of Columbia,

and the Commonwealth of Puerto Rico as follows, except that no

State shall receive less than 1⁄2 of 1 percent of such amount: ‘‘(1) Fifty percent shall be allocated among such jurisdic- tions on the basis of their relative populations of individuals

aged five through 17, as determined by the Secretary on the

basis of the most recent satisfactory data. ‘‘(2) Fifty percent shall be allocated among such jurisdic- tions in accordance with the relative amounts such jurisdictions

received under part A of title I for the preceding fiscal year,

or for fiscal year 1995 only, such part’s predecessor authority.

‘‘(c) REALLOCATION.—If any jurisdiction does not apply for an allotment under subsection (b) for any fiscal year, the Secretary

shall reallocate such amount to the remaining jurisdictions in

accordance with such subsection.

‘‘SEC. 2203. WITHIN-STATE ALLOCATIONS.

‘‘Of the amounts received by a State under this part for any fiscal year—‘‘(1) 84 percent shall be available for local allowable activi- ties under section 2210(b), of which—

‘‘(A) not more than 5 percent may be used for the administrative costs of the State educational agency and

for State-level activities described in section 2207; and

‘‘(B) of the remaining amount—
H. R. 6—105

‘‘(i) 50 percent shall be distributed to local educational agencies— ‘‘(I) for use in accordance with section 2210;

and

‘‘(II) in accordance with the relative enrollments in public and private nonprofit elementary

and secondary schools within the boundaries of

such agencies; and

‘‘(ii) 50 percent of such amount shall be distributed

to local educational agencies— ‘‘(I) for use in accordance with section 2210;

and

‘‘(II) in accordance with the relative amount

such agencies received under part A of title I or

for fiscal year 1995 for the preceding fiscal year,

such part’s predecessor authority; and ‘‘(2) 16 percent shall be available to the State agency for higher education for activities under section 2211, of which

not more than 5 percent may be used for the administrative

costs of the State agency for higher education.

‘‘SEC. 2204. CONSORTIUM REQUIREMENT.

‘‘(a) IN GENERAL.—A local educational agency receiving a grant under this part of less than $10,000 shall form a consortium with

another local educational agency or an educational service agency

serving another local educational agency to be eligible to participate

in programs assisted under this part. ‘‘(b) WAIVER.—The State educational agency may waive the application of paragraph (1) in the case of any local educational

agency that demonstrates that the amount of its allocation under

this part is sufficient to provide a program of sufficient size, scope,

and quality to be effective. In granting waivers under the preceding

sentence, the State educational agency shall— ‘‘(1) give special consideration to local educational agencies serving rural areas if distances or traveling time between

schools make formation of the consortium more costly or less

effective; and

‘‘(2) consider cash or in-kind contributions provided from

State or local sources that may be combined with the local

educational agency’s allocation for the purpose of providing

services under this part.

‘‘(c) SPECIAL RULE.—Each consortium shall rely, as much as possible, on technology or other arrangements to provide staff development programs tailored to the needs of each school or school

district participating in a consortium described in subsection (a).

‘‘SEC. 2205. STATE APPLICATIONS.

‘‘(a) APPLICATIONS REQUIRED.—Each State educational agency that wishes to receive an allotment under this part for any fiscal

year shall submit an application to the Secretary at such time,

in such form, and containing such information as the Secretary

may require. ‘‘(b) STATE PLAN TO IMPROVE TEACHING AND LEARNING.—

‘‘(1) IN GENERAL.—Each application under this section shall

include a State plan that is coordinated with the State’s plan

under other programs assisted under this Act, the Goals 2000:

Educate America Act, and other Acts, as appropriate, consistent

with the provisions of section 14306.
H. R. 6—106

‘‘(2) CONTENTS.—Each such State plan shall—

‘‘(A) be developed in conjunction with the State agency

for higher education, community-based and other nonprofit

organizations of demonstrated effectiveness, institutions of

higher education or schools of education, and with the

extensive participation of local teachers, administrators and

pupil services personnel and show the role of each such

entity in implementation of the plan;

‘‘(B) be designed to give teachers, and, where appropriate, administrators and pupil services personnel in the

State, the knowledge and skills necessary to provide all

students the opportunity to meet challenging State content

standards and challenging State student performance

standards;

‘‘(C) include an assessment of State and local needs

for professional development specifically related to subparagraph (B);

‘‘(D) include a description of how the plan has assessed

the needs of local educational agencies serving rural and

urban areas, and what actions are planned to meet such

needs;

‘‘(E) include a description of how the activities assisted

under this part will address the needs of teachers in schools

receiving assistance under part A of title I;

‘‘(F) a description of how programs in all core academic

subjects, but especially in mathematics and science, will

take into account the need for greater access to, and participation in, such disciplines by students from historically

underrepresented groups, including females, minorities,

individuals with limited English proficiency, the economically disadvantaged, and individuals with disabilities, by

incorporating pedagogical strategies and techniques which

meet such individuals’ educational needs;

‘‘(G) be consistent with the State’s needs assessment

under subparagraph (C), and describe how the State will

work with teachers, including teachers in schools receiving

assistance under part A of title I, administrators, parents,

local educational agencies, schools, educational service

agencies, institutions of higher education, and nonprofit

organizations of demonstrated effectiveness, to ensure that

such individuals develop the capacity to support sustained

and intensive, high-quality professional development programs in the core academic subjects;

‘‘(H) describe how the State requirements for licensure

of teachers and administrators, including certification and

recertification, support challenging State content standards

and challenging State student performance standards and

whether such requirements are aligned with such standards;

‘‘(I) address the need for improving teaching and learning through teacher development beginning with recruitment, preservice, and induction, and continuing throughout

the professional teaching career, taking into account the

need, as determined by the State, for greater access to

and participation in the teaching profession by individuals

from historically underrepresented groups;
H. R. 6—107

‘‘(J) describe how the State will prepare all teachers

to teach children with diverse learning needs, including

children with disabilities;

‘‘(K) describe how the State will prepare teachers, and,

where appropriate, paraprofessionals, pupil services

personnel, and other staff in the collaborative skills needed

to appropriately teach children with disabilities, in the

core academic subjects;

‘‘(L) describe how the State will use technology, including the emerging national information infrastructure, to

enhance the professional development of teachers, and,

where appropriate, administrators and pupil services

personnel;

‘‘(M) describe how the State will provide incentives

to teachers and administrators to focus their professional

development on preparing such teachers and administrators to provide instruction consistent with challenging State

content standards and challenging State student performance standards;

‘‘(N) set specific performance indicators for professional

development; and

‘‘(O) describe how parents can be involved in professional development programs to enhance the participation

of parents in the education of their children.

‘‘(3) DURATION OF THE PLAN.—Each such State plan shall—

‘‘(A) remain in effect for the duration of the State’s

participation under this part; and

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

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

and programs under this part. ‘‘(c) ADDITIONAL MATERIAL.—Each State application shall

include—

‘‘(1) a description of how the activities assisted under this

part will be coordinated, as appropriate, with—

‘‘(A) other activities conducted with Federal funds,

especially activities supported under part A of title I of

this Act and the Individuals with Disabilities Education

Act;

‘‘(B) programs supported by State and local funds;

‘‘(C) resources from business and industry, museums,

libraries, educational television stations, and public and

private nonprofit organizations of demonstrated experience;

and

‘‘(D) funds received from other Federal agencies, such

as the National Science Foundation, the Departments of

Commerce, Energy, and Health and Human Services, the

National Endowment for the Arts, the Institute of Museum

Services, and the National Endowment for the Humanities;

and

‘‘(2) a description of the activities to be sponsored under

the State-level activities under section 2207 and the higher

education activities under section 2211.

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

‘‘(1) IN GENERAL.—The Secretary shall approve an application of a State educational agency under this section if such

application meets the requirements of this section and holds

reasonable promise of achieving the purposes of this part.
H. R. 6—108

‘‘(2) REVIEW.—In reviewing applications under this section,

the Secretary shall obtain the advice of non-Federal experts

on education in the core academic subjects and on teacher

education, including teachers and administrators.

‘‘SEC. 2206. PRIORITY FOR PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND SCIENCE.

‘‘(a) APPROPRIATION OF LESS THAN $250,000,000.—In any fiscal

year for which the amount appropriated for this title is less than

$250,000,000, each State shall ensure that all funds distributed

in accordance with section 2203(1)(C) are used for professional

development in mathematics and science.

‘‘(b) APPROPRIATION EQUAL TO OR ABOVE $250,000,000.—In

any fiscal year for which the amount appropriated for this title

is equal to or exceeds $250,000,000, each State and local educational

agency shall use for professional development activities in mathematics and science the amount of funds that would have been

made available to each such agency in accordance with sections

2202 and 2203 if the amount appropriated was $250,000,000,

consistent with subsection (a), and are permitted and encouraged

to use the amount of funds in excess of $250,000,000 that is made

available in accordance with sections 2202 and 2203 for professional

development activities in mathematics and science.

‘‘SEC. 2207. STATE-LEVEL ACTIVITIES.

‘‘Each State may use funds made available under section

2203(1)(A) to carry out activities described in the plan under section

2205(b), such as—

‘‘(1) reviewing and reforming State requirements for

teacher and administrator licensure, including certification and

recertification, to align such requirements with the State’s challenging State content standards and ensure that teachers and

administrators have the knowledge and skills necessary to help

students meet challenging State student performance standards;

‘‘(2) developing performance assessments and peer review

procedures, as well as other methods, for licensing teachers

and administrators;

‘‘(3) providing technical assistance to schools and local educational agencies, especially schools and local educational agencies that receive assistance under part A of title I, to help

such schools and agencies provide effective professional development in the core academic subjects; ‘‘(4) developing or supporting professional development networks, either within a State or in a regional consortium of

States, that provide a forum for interaction among teachers

and that allow exchange of information on advances in content

and pedagogy;

‘‘(5) supporting partnerships between schools, consortia of

schools, or local educational agencies and institutions of higher

education, including schools of education, which encourage—

‘‘(A) teachers to participate in intensive, ongoing professional development programs, both academic and pedagogical, at institutions of higher education; and

‘‘(B) students at institutions of higher education studying to become teachers to have direct, practical experience

at the schools;
H. R. 6—109

‘‘(6) providing professional development in the effective use

of educational technology as an instructional tool for increasing

student understanding of the core academic subjects, including

efforts to train teachers in methods of achieving gender equity

both in students’ access to computers and other educational

technology and in teaching practices used in the application

of educational technology;

‘‘(7) providing incentives for teachers to be involved in

assessment, curriculum development, and technical assistance

processes for teachers and students;

‘‘(8) providing professional development to enable teachers,

and, where appropriate, pupil services personnel, and other

school staff, to ensure that girls and young women, minorities,

limited English proficient students, individuals with disabilities, and economically disadvantaged students have the full

opportunity to achieve challenging State content standards and

challenging State student performance standards in the core

academic subjects by, for example, encouraging girls and young

women and minorities to pursue advanced courses in mathematics and science;

‘‘(9) professional development and recruitment activities

designed to increase the numbers of minorities, individuals

with disabilities, and women teaching in the core academic

subjects in which such individuals are underrepresented;

‘‘(10) providing financial or other incentives for teachers

to become certified by nationally recognized professional teacher

enhancement organizations;

‘‘(11) providing professional development activities which

prepare teachers, and where appropriate, pupil services personnel, paraprofessionals, and other staff in the collaborative skills

needed to appropriately teach children with disabilities, in the

core academic subjects;

‘‘(12) identifying, developing, or supporting professional

development strategies to better equip parents to assist their

children in raising their children’s achievement in the core

academic subjects; and

‘‘(13) professional development activities designed to

increase the number of women and other underrepresented

groups in the administration of schools.

‘‘SEC. 2208. LOCAL PLAN AND APPLICATION FOR IMPROVING TEACHING AND LEARNING.

‘‘(a) LOCAL APPLICATION.—

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

wishes to receive a subgrant under this part shall submit

an application (singly or as a consortium as described in section

2204) to the State educational agency at such time as the

State educational agency shall require, but not less frequently

than every three years, that is coordinated with other programs

under this Act, the Goals 2000: Educate America Act, or other

Acts, as appropriate, consistent with the provisions of section

14306.

‘‘(2) INDICATORS.—A local educational agency shall set specific performance indicators for improving teaching and learning

through professional development.

‘‘(b) NEEDS ASSESSMENT.—
H. R. 6—110

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

to receive a subgrant under this part shall include in its application an assessment of local needs for professional development

as identified by the local educational agency and school staff.

‘‘(2) REQUIREMENTS.—Such needs assessment shall be carried out with the involvement of teachers, including teachers

in schools receiving assistance under part A of title I, and

shall take into account what activities need to be conducted

in order to give teachers and, where appropriate, administrators, the means, including the knowledge and skills, to provide

students with the opportunity to meet challenging State or

local student performance standards.

‘‘(c) APPLICATION CONTENTS.—Each application under this section shall include the local educational agency’s plan for professional

development that—

‘‘(1) focuses on teaching and learning in the core academic

subjects; and

‘‘(2) has been developed with the extensive participation

of administrators, staff, and pupil services personnel, which

teachers shall also be representative of the grade spans within

schools to be served and of schools which receive assistance

under part A of title I.

‘‘(d) PLAN CONTENTS.—

‘‘(1) IN GENERAL.—Based on the needs assessment required

under subsection (b), the local educational agency’s plan shall—

‘‘(A) include a description of how the plan contributes

to the local educational agency’s overall efforts for school

reform and educational improvement;

‘‘(B) include a description of how the activities funded

under this section will address the needs of teachers in

schools receiving assistance under part A of title I; ‘‘(C) be aligned with the State’s challenging State content standards and challenging State student performance

standards;

‘‘(D) describe a strategy, tied to challenging State content standards and challenging State student performance

standards, consistent with the needs assessment under

subsection (b);

‘‘(E) be of sufficient intensity and duration to have

a positive and lasting impact on the student’s performance

in the classroom;

‘‘(F) describe how programs in all core academic subjects, but especially in mathematics and science, will take

into account the need for greater access to, and participation in, such disciplines by students from historically

underrepresented groups, including girls and women,

minorities, individuals with limited English proficiency, the

economically disadvantaged, and individuals with disabilities, by incorporating pedagogical strategies and techniques which meet such individuals’ educational need;

‘‘(G) contain an assurance that the activities conducted

with funds received under this part will be assessed at

least every three years using the performance indicators;

‘‘(H) describe how the program funded under this part

will be coordinated, as appropriate, with—

‘‘(i) activities conducted under section 2131 and

other services of institutions of higher education;
H. R. 6—111

‘‘(ii) similar State and local activities;

‘‘(iii) resources provided under part A of title I

and other provisions of this Act;

‘‘(iv) resources from business, industry, public and

private nonprofit organizations (including museums,

libraries, educational television stations, communitybased organizations, professional organizations and

associations specializing in, or with a demonstrated

expertise in the core academic subjects);

‘‘(v) funds or programming from other Federal

agencies, such as the National Science Foundation,

the Department of Energy, the Department of Health

and Human Services, the Institute of Museum Services, the National Endowment for the Humanities, and

the National Endowment for the Arts;

‘‘(vi) services of educational service agencies; and

‘‘(vii) resources provided under the Individuals

with Disabilities Education Act;

‘‘(I) identify the sources of funding that will provide

the local educational agency’s contribution under section

2209; and

‘‘(J) describe the professional development strategies

to be employed to more fully and effectively involve parents

in the education of their children.

‘‘(2) DURATION OF THE PLAN.—Each local plan described

in subsection (b)(1) shall—

‘‘(A) remain in effect for the duration of the local educational agency’s participation under this part; and ‘‘(B) be periodically reviewed and revised by the local

educational agency, as necessary, to reflect changes in the

local educational agency’s strategies and programs under

this part.

‘‘SEC. 2209. LOCAL COST-SHARING.

‘‘(a) IN GENERAL.—Each local educational agency shall provide

not less than 33 percent of the cost of the activities assisted under

this part, excluding the cost of services provided to private school

teachers.

‘‘(b) AVAILABLE RESOURCES FOR COST-SHARING.— ‘‘(1) IN GENERAL.—A local educational agency may meet the requirement of subsection (a) through one or more of the

following:‘‘(A) Cash expenditures from non-Federal sources,

including private contributions, directed toward professional development activities.

‘‘(B) Release time for teachers participating in professional development assisted under this part.

‘‘(C) Funds received under one or more of the following

programs, so long as such funds are used for professional

development activities consistent with this part and the

statutes under which such funds were received, and are

used to benefit students and teachers in schools that otherwise would have been served with such funds:

‘‘(i) Helping disadvantaged children meet high

standards under part A of title I.

‘‘(ii) The Safe and Drug-Free Schools and Communities program under title IV.
H. R. 6—112

‘‘(iii) Bilingual Education Programs under part A

of title VII.

‘‘(iv) Programs under the Women’s Educational

Equity Act of 1994.

‘‘(v) Programs under title III of the Goals 2000:

Educate America Act.

‘‘(vi) Programs that are related to the purposes

of this Act that are administered by other Federal

agencies, including the National Science Foundation,

the National Endowment for the Humanities, the

National Endowment for the Arts, the Institute of

Museum Services, and the Department of Energy.

‘‘(vii) Programs under the Individuals with Disabilities Education Act.

‘‘(2) SPECIAL RULE.—A local educational agency may meet

the requirement of subsection (a) through contributions

described in paragraph (1) that are provided in cash or in

kind, fairly evaluated.

‘‘(c) WAIVER.—The State educational agency may approve an

application which has not fully met the requirements of subsection

(a) and waive the requirements of subsection (a) if a local educational agency can demonstrate that such agency is unable to

meet the requirements of subsection (a) due to economic hardship

and that compliance with such requirements would preclude such

agency’s participation in the program.

‘‘SEC. 2210. LOCAL ALLOCATION OF FUNDS AND ALLOWABLE ACTIVITIES.

‘‘(a) LOCAL ALLOCATION OF FUNDS.—Each local educational

agency that receives funds under this part for any fiscal year— ‘‘(1) shall use not less than 80 percent of such funds for

professional development of teachers, and, where appropriate,

administrators, and, where appropriate, pupil services personnel, parents, and other staff of individual schools in a manner

that—

‘‘(A) is determined by such teachers and staff;

‘‘(B) to the extent practicable, takes place at the

individual school site; and

‘‘(C) is consistent with the local educational agency’s

application under section 2208, any school plan under part

A of title I, and any other plan for professional development

carried out with Federal, State, or local funds that emphasizes sustained, ongoing activities; and

‘‘(2) may use not more than 20 percent of such funds

for school district-level professional development activities,

including, where appropriate, the participation of administrators, policymakers, and parents, if such activities directly support instructional personnel.

‘‘(b) AUTHORIZED ACTIVITIES.—

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

that receives funds under this part shall use such funds for

activities that give teachers and administrators the knowledge

and skills to provide students with the opportunity to meet

challenging State or local content standards and student

performance standards.

‘‘(2) PROFESSIONAL DEVELOPMENT ACTIVITIES.—Professional

development activities funded under this part shall—
H. R. 6—113

‘‘(A) be tied to challenging State content standards

or challenging local content standards, and challenging

State student performance standards or challenging local

student performance standards;

‘‘(B) take into account recent research on teaching and

learning;

‘‘(C) provide professional development which incorporates effective strategies, techniques, methods, and practices for meeting the educational needs of diverse groups

of students, including girls and women, minorities, individuals with disabilities, limited English proficient individuals,

and economically disadvantaged individuals;

‘‘(D) include strong academic content and pedagogical

components; and

‘‘(E) be of sufficient intensity and duration to have

a positive and lasting impact on the teacher’s performance

in the classroom.

‘‘(3) ACTIVITIES.—Funds under this part may be used for

professional development activities such as—

‘‘(A) professional development for teams of teachers,

and, where appropriate, administrators, pupil services

personnel, or other staff from individual schools, to support

teaching consistent with challenging State content standards and challenging State student performance standards;

‘‘(B) support and time, which in the case of teachers

may include release time with pay, for teachers, and, where

appropriate, pupil services personnel and other school staff

to enable such teachers, personnel, and staff to participate

in professional development in the core academic subjects

that are offered through professional associations, universities, community-based organizations, and other providers,

such as educational partnership organizations, science centers, and museums;

‘‘(C) activities that provide followup for teachers who

have participated in professional development activities

that are designed to ensure that the knowledge and skills

learned by the teacher are implemented in the classroom; ‘‘(D) support for partnerships between schools, consortia of schools, or local educational agencies, and institutions

of higher education, including schools of education, which

partnerships shall encourage— ‘‘(i) teachers to participate in intensive, ongoing

professional development programs, both academic and

pedagogical, at institutions of higher education; and ‘‘(ii) students at institutions of higher education

studying to become teachers to have direct, practical

experience at schools;

‘‘(E) the establishment and maintenance of local professional networks that provide a forum for interaction among

teachers and that allow exchange of information on

advances in content and pedagogy;

‘‘(F) preparing teachers in the effective use of educational technology and assistive technology as instructional tools for increasing student understanding of the

core academic subjects;

‘‘(G) professional development to enable teachers, and,

where appropriate, pupil services personnel and other
H. R. 6—114

school staff, to ensure that girls and young women, minorities, limited English proficient students, individuals with

disabilities, and the economically disadvantaged have full

opportunity to achieve the challenging State content standards and challenging State student performance standards

in the core academic subjects;

‘‘(H) professional development and recruitment activities designed—

‘‘(i) to increase the number of minorities, individuals with disabilities, and females teaching in the core

academic subjects in which such individuals are

underrepresented; and

‘‘(ii) to increase the numbers of women and members of other underrepresented groups who are science

and mathematics teachers, through such programs as

career ladder programs that assist educational paraprofessionals to obtain teaching credentials in the core

academic subjects;

‘‘(I) providing financial or other incentives for teachers

to become certified by nationally recognized professional

teacher enhancement programs;

‘‘(J) support and time for teachers, and, where appropriate, pupil services personnel, and other school staff to

learn and implement effective collaboration for the instruction of children with disabilities in the core academic subject areas;

‘‘(K) preparing teachers, and, where appropriate, pupil

services personnel to work with parents and families on

fostering student achievement in the core academic subjects;

‘‘(L) professional development activities and other support for new teachers as such teachers move into the classroom to provide such teachers with practical support and

to increase the retention of such teachers;

‘‘(M) professional development for teachers, parents,

early childhood educators, administrators, and other staff

to support activities and services related to preschool

transition programs to raise student performance in the

core academic subjects;

‘‘(N) professional development activities to train teachers in innovative instructional methodologies designed to

meet the diverse learning needs of individual students,

including methodologies which integrate academic and

vocational learning and applied learning, interactive and

interdisciplinary team teaching, and other alternative

teaching strategies such as service learning, experiential

learning, career-related education, and environmental education, that integrate real world applications into the core

academic subjects;

‘‘(O) developing professional development strategies

and programs to more effectively involve parents in helping

their children achieve in the core academic subjects;

‘‘(P) professional development activities designed to

increase the number of women and other underrepresented

groups in the administration of schools; and

‘‘(Q) release time with pay for teachers.
H. R. 6—115

‘‘SEC. 2211. HIGHER EDUCATION ACTIVITIES.

‘‘(a) ACTIVITIES.—

‘‘(1) IN GENERAL.—From amounts made available under

section 2203(2), the State agency for higher education, working

in conjunction with the State educational agency (if such agencies are separate), shall make grants to, or enter into contracts

or cooperative agreements with, institutions of higher education

and nonprofit organizations of demonstrated effectiveness,

including museums and educational partnership organizations,

which must work in conjunction with a local educational agency,

consortium of local educational agencies, or schools, for—

‘‘(A) professional development activities in the core academic subjects that contribute to the State plan for professional development;

‘‘(B) developing and providing assistance to local educational agencies, and the teachers and staff of each such

agency, for sustained, high-quality professional development activities; and

‘‘(C) improving teacher education programs in order

to promote further innovation in teacher education programs within an institution of higher education and to

better meet the needs of the local educational agencies

for well-prepared teachers.

‘‘(2) COMPETITIVE BASIS.—Each grant, contract, or cooperative agreement described in paragraph (1) shall be awarded

on a competitive basis.

‘‘(3) SPECIAL RULE.—No institution of higher education may

receive assistance under (a)(1) of this subsection unless the

institution enters into an agreement with a local educational

agency, or consortium of such agencies, to provide sustained,

high-quality professional development for the elementary and

secondary school teachers in the schools of each such agency.

‘‘(4) JOINT EFFORTS.—Each activity assisted under this section, where applicable, shall involve the joint effort of the

institution of higher education’s school or department of education, if any, and the schools or departments in the specific

disciplines in which such professional development will be provided.

‘‘(b) ALLOWABLE ACTIVITIES.—A recipient of funds under this

section shall use such funds for—

‘‘(1) sustained and intensive high-quality professional development for teams of teachers, or teachers, and, where appropriate, pupil services personnel and administrators from

individual schools or school districts;

‘‘(2) other sustained and intensive professional development

activities related to achievement of the State plan for professional development; and

‘‘(3) preservice training activities.

‘‘(c) PARTNERSHIPS.—Each institution of higher education receiving a grant under this section may also enter into a partnership

with a private industry, museum, library, educational television

station, or public or private nonprofit organization of demonstrated

experience to carry out professional development activities assisted

under this section.
H. R. 6—116

‘‘PART C—PROFESSIONAL DEVELOPMENT

DEMONSTRATION PROJECT

‘‘SEC. 2301. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—The Congress finds that—

‘‘(1) underlying the standards-driven framework of the

Goals 2000: Educate America Act and the high academic standards for eligible students under title I is a widespread need

to prepare teachers to teach to higher standards;

‘‘(2) prospective and current teachers need knowledge and

skills beyond what such teachers currently possess;

‘‘(3) while both the Goals 2000: Educate America Act and

titles I and II of this Act have extensive references to professional development of teachers, there are no provisions to incorporate ‘on-the-ground’ planning and implementation to serve

as models for local educational agencies across the Nation;

and

‘‘(4) better prepared teachers can lead to improved student

achievement, especially for students who are furthest from

reaching high standards.

‘‘(b) PURPOSE.—It is the purpose of this part—

‘‘(1) to address the need for professional development with

a primary focus on teachers;

‘‘(2) to provide both prospective teachers and current teachers opportunities to learn both the content and the pedagogy

needed to teach to high standards; and

‘‘(3) to build models, in a few cities and States, that demonstrate new organizational arrangements and deep investments in teachers necessary to better prepare teachers for

new standards and assessments.

‘‘SEC. 2302. DEMONSTRATION PROGRAM AUTHORIZED.

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) IN GENERAL.—The Secretary shall carry out a demonstration project under which the Secretary awards grants

in accordance with this part to eligible partnerships to enable

such partnerships to plan and implement professional development programs. ‘‘(2) PROGRAM REQUIREMENTS.—The programs described in paragraph (1)— ‘‘(A) shall focus on increasing teachers’ knowledge and

understanding of content by providing teachers opportunities to improve their knowledge and to improve their classroom practice in order to help students meet high academic

standards;

‘‘(B) shall include teachers at all career stages, from

student teachers or interns through senior team leaders

or department chairs; and

‘‘(C) may incorporate professional development for principals, pupil services personnel, aides, other school-based

staff, and parents.

‘‘(b) ELIGIBLE PARTNERSHIPS.—For the purpose of this part,

the term ‘eligible partnership’ means a partnership consisting of—

‘‘(1) a local educational agency, a subunit of such agency,

or a consortium of such agencies, in which not less than 50

percent of the schools served by such agency, subunit, or consor-
H. R. 6—117

tium are eligible to participate in schoolwide programs under

section 1114; or

‘‘(2) other partners that—

‘‘(A) shall include, at a minimum, a teachers’ union

(if appropriate), one or more institutions of higher education which may include faculty from schools of education

and faculty from schools of arts and sciences, and a local

parent or community council; and

‘‘(B) may include a business partner or a nonprofit

organization with a demonstrated record in staff development.

‘‘SEC. 2303. GRANTS.

‘‘(a) AUTHORITY.—

‘‘(1) IN GENERAL.—The Secretary shall award grants for

planning, and grants for the implementation of, professional

development programs under this part.

‘‘(2) DISTRIBUTION.—The Secretary shall award not less

than 75 percent of the funds available for grants under this

part to eligible partnerships serving the schools with the greatest number of poor students. To the extent possible, such grants

shall be awarded to eligible partnerships serving both rural

and urban school districts and in a manner that reflects

geographic and racial diversity.

‘‘(3) NUMBER OF GRANTS.—In the first year that the Secretary awards grants under this part, the Secretary shall award

at least twice as many planning grants as implementation

grants in order to receive well-developed plans for long-term

funding under this part.

‘‘(b) GRANT REQUIREMENTS.— ‘‘(1) DURATION.—The Secretary shall award— ‘‘(A) planning grants under this part for a period of

not less than six months and not more than nine months;

and

‘‘(B) implementation grants under this part for a period

of four fiscal years.

‘‘(2) AMOUNT.—The Secretary shall award grants under

this part in an amount determined on the basis of the size

of the program and the level of investment the eligible partnership is making in teacher development in the area served

by the eligible partnership, including local, State, and Federal

funds and existing higher education resources, except that no

grant under this part shall exceed $500,000 in any one fiscal

year.

‘‘SEC. 2304. PLAN.

‘‘Each eligible partnership desiring assistance under this part

shall develop a plan for the program to be assisted under this

part. Such plan shall—

‘‘(1) identify clearly how such plan will support an overall

systemic reform strategy giving special attention to the role

of teacher preparation for new standards and assessment;

‘‘(2) describe the eligible partnership’s instructional objectives and how the professional development activities will support such objectives;

‘‘(3) specify the organizational arrangements and delivery

strategies to be used, such as teacher centers, professional
H. R. 6—118

development schools, teacher networks, and academic alliances,

as well as the curriculum for teachers;

‘‘(4) specify the commitments the local educational agencies, teacher’s union, institutions of higher education, or any other

entity participating in such partnership are prepared to make,

not only to support program activities such as release time,

contractual flexibility, support for interns or student teachers

if applicable, but also to sustain the central aspects of the

plan after the expiration of the grant; and ‘‘(5) describe how the activities described under this part

will lead to districtwide policy and budget changes.

‘‘SEC. 2305. TECHNICAL ASSISTANCE.

‘‘The Secretary is authorized to enter into an arrangement with an intermediary organization to enable such organization to

provide technical assistance to eligible partnerships receiving assistance under this part.

‘‘SEC. 2306. MATCHING FUNDS.

‘‘The Secretary shall give special priority to awarding grants under this part to eligible partnerships that demonstrate such

partnership’s ability to raise matching funds from private sources.

‘‘PART D—GENERAL PROVISIONS

‘‘SEC. 2401. REPORTING AND ACCOUNTABILITY.

‘‘(a) STATES.—Each State that receives funds under this part

shall submit a report to the Secretary every three years, beginning

with fiscal year 1997, on the State’s progress toward the performance indicators identified in such State’s plan, as well as on the

effectiveness of State and local activities assisted under this part.

‘‘(b) LOCAL EDUCATIONAL AGENCIES.—Each local educational

agency that receives funds under this part shall submit a report

to the State every three years, beginning with fiscal year 1997,

regarding the progress of such agency toward performance indicators identified in such agency’s local plan, as well as on the effectiveness of such agency’s activities under this part.

‘‘(c) FEDERAL EVALUATION.—The Secretary shall report to the

President and the Congress on the effectiveness of programs and

activities assisted under this part in accordance with section 14701.

‘‘(d) PROHIBITION ON FUNDS BEING USED FOR CONSTRUCTION

OR RENOVATION.—Funds received under this part shall not be used

for construction or renovation of buildings, rooms, or any other

facilities.

‘‘SEC. 2402. DEFINITIONS.

‘‘As used in this part—

‘‘(1) the term ‘core academic subjects’ means those subjects

listed in the State plan under title III of the Goals 2000:

Educate America Act or under the third National Education

Goal as set forth in section 102(3) of such Act;

‘‘(2) the term ‘performance indicators’ means measures of

specific outcomes that the State or local educational agency

identifies as assessing progress toward the goal of ensuring

that all teachers have the knowledge and skills necessary to

assist their students to meet challenging State content standards and challenging State student performance standards in

the core academic subjects, such as—
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‘‘(A) the degree to which licensure requirements are

tied to challenging State content standards and challenging

State student performance standards;

‘‘(B) specific increases in the number of elementary

and secondary teachers with strong content backgrounds

in the core academic subjects;

‘‘(C) incorporating effective strategies, techniques,

methods, and practices for meeting the educational needs

of diverse students, including females, minorities, individuals with disabilities, limited English proficient individuals,

and economically disadvantaged individuals, in order to

ensure that all students have the opportunity to achieve

challenging student performance standards;

‘‘(D) specific increases in the number of teachers who

are certified by the National Board for Professional Teaching Standards or other nationally recognized professional

teacher enhancement organizations; and

‘‘(E) specific increases in the number of teachers

licensed in each core academic subject;

‘‘(3) the term ‘sustained and intensive high-quality professional development’ means professional development activities

that—

‘‘(A) are tied to challenging State content standards,

challenging State student performance standards, voluntary national content standards or voluntary national

student performance standards;

‘‘(B) reflect up-to-date research in teaching and learning and include integrated content and pedagogical components appropriate for students with diverse learning needs; ‘‘(C) incorporate effective strategies, techniques, methods, and practices for meeting the educational needs of

diverse students, including females, minorities, individuals

with disabilities, limited English proficient individuals, and

economically disadvantaged individuals, in order to ensure

that all students have the opportunity to achieve challenging student performance standards; ‘‘(D) are of sufficient intensity and duration to have

a positive and lasting impact on the teacher’s performance

in the classroom or the administrator’s performance on

the job; and ‘‘(E) recognize teachers as an important source of

knowledge that should inform and help shape professional

development; and

‘‘(4) the term ‘local’, when used with respect to standards,

means challenging content and student performance standards

in the core academic subjects (in addition to challenging State

content and student performance standards approved by the

State for title I).

‘‘TITLE III—TECHNOLOGY FOR

EDUCATION

‘‘SEC. 3101. SHORT TITLE.

‘‘This title may be cited as the ‘Technology for Education Act

of 1994’.
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‘‘PART A—TECHNOLOGY FOR EDUCATION OF

ALL STUDENTS

‘‘SEC. 3111. FINDINGS.

‘‘The Congress finds that—

‘‘(1) technology can produce far greater opportunities for

all students to learn to high standards, promote efficiency and

effectiveness in education, and help propel our Nation’s school

systems into very immediate and dramatic reform, without

which our Nation will not meet the National Education Goals

by the target year 2000;

‘‘(2) the use of technology as a tool in the teaching and

learning process is essential to the development and maintenance of a technologically literate citizenry and an internationally competitive workforce;

‘‘(3) the acquisition and use of technology in education

throughout the United States has been inhibited by—

‘‘(A) the absence of Federal leadership;

‘‘(B) the inability of many State and local educational

agencies to invest in and support needed technologies;

‘‘(C) the limited exposure of students and teachers

to the power of technology as a cost-effective tool to improve

student learning and achievement;

‘‘(D) the lack of appropriate electrical and telephone

connections in the classroom; and

‘‘(E) the limited availability of appropriate technologyenhanced curriculum, instruction, professional development, and administrative support resources and services

in the educational marketplace;

‘‘(4) policies at the Federal, State, and local levels concerning technology in education must address disparities in the

availability of technology to different groups of students, give

priority to serving students in greatest need, and recognize

that educational telecommunications and technology can

address educational equalization concerns and school

restructuring needs by providing universal access to high-quality teaching and programs, particularly in urban and rural

areas;

‘‘(5) the increasing use of new technologies and telecommunications systems in business has increased the gap

between schooling and work force preparation, and underscores

the need for technology policies at the Federal, State, tribal,

and local levels that address preparation for school-to-work

transitions;

‘‘(6) technology can enhance the ongoing professional development of teachers and administrators by providing constant

access to updated research in teaching and learning by means

of telecommunications, and, through exposure to technology

advancements, keep teachers and administrators excited and

knowledgeable about unfolding opportunities for the classroom;

‘‘(7) planned and creative uses of technology, combined

with teachers adequately trained in the use of technology,

can reshape our Nation’s traditional method of providing education and empower teachers to create an environment in which

students are challenged through rigorous, rich classroom

instruction provided at a pace suited to each student’s learning
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style, and in which students have increased opportunities to

develop higher order thinking and technical skills;

‘‘(8) schools need new ways of financing the acquisition

and maintenance of educational technology;

‘‘(9) the needs for educational technology differ from State

to State;

‘‘(10) technology can provide students, parents, teachers,

other education professionals, communities, and industry with

increased opportunities for partnerships and with increased

access to information, instruction, and educational services in

schools and other settings, including homes, libraries, preschool

and child-care facilities, adult and family education programs,

and postsecondary institutions;

‘‘(11) the Department, consistent with the overall national

technology policy established by the President, must assume

a vital leadership and coordinating role in developing the

national vision and strategy to infuse advanced technology

throughout all educational programs;

‘‘(12) Federal support can ease the burden at the State

and local levels by enabling the acquisition of advanced technology and initiating the development of teacher training and

support as well as new educational products;

‘‘(13) leadership at the Federal level should consider guidelines to ensure that educational technology is accessible to

all users with maximum interoperability nationwide;

‘‘(14) the rapidly changing nature of technology requires

coordination and flexibility in Federal leadership; and

‘‘(15) technology has the potential to assist and support

the improvement of teaching and learning in schools and other

settings.

‘‘SEC. 3112. STATEMENT OF PURPOSE.

‘‘The purpose of this part is to support a comprehensive system

for the acquisition and use by elementary and secondary schools

in the United States of technology and technology-enhanced curricula, instruction, and administrative support resources and services

to improve the delivery of educational services. Such system shall

include—

‘‘(1) national leadership with respect to the need for, and

the provision of, appropriate technology-enhanced curriculum,

instruction, and administrative programs to improve learning

in the United States, and to promote equal access for all students to educational opportunities in order to achieve the

National Education Goals by the year 2000; ‘‘(2) funding mechanisms which will support the development, interconnection, implementation, improvement, and

maintenance of an effective educational technology infrastructure, including activities undertaken by State and local educational agencies to promote and provide equipment, training

for teachers and school library and media personnel, and technical support;

‘‘(3) support for technical assistance, professional development, information and resource dissemination, in order to help

States, local educational agencies, teachers, school library and

media personnel, and administrators successfully integrate

technology into kindergarten through 12th grade classrooms

and library media centers;
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‘‘(4) support for the development of educational and instructional programming in core subject areas, which shall address

the National Education Goals;

‘‘(5) strengthening and building upon, but not duplicating,

existing telecommunications infrastructures dedicated to educational purposes;

‘‘(6) development and evaluation of new and emerging educational technologies, telecommunications networks, and stateof-the-art educational technology products that promote the

use of advanced technologies in the classroom and school library

media center;

‘‘(7) assessment data regarding state-of-the-art uses of technologies in United States education upon which commercial

and noncommercial telecommunications entities, and governments can rely for decisionmaking about the need for, and

provision of, appropriate technologies for education in the

United States;

‘‘(8) ensuring that uses of educational technology are

consistent with the overall national technology policy established by the President, and ensuring that Federal technologyrelated policies and programs will facilitate the use of

technology in education;

‘‘(9) ensuring that activities supported under this part will

form the basis for sound State and local decisions about investing in, sustaining, and expanding uses of technology in education;

‘‘(10) establishing working guidelines to ensure maximum

interoperability nationwide and ease of access for the emerging

technologies so that no school system will be excluded from

the technological revolution;

‘‘(11) ensuring that, as technological advances are made,

the educational uses of these advances are considered and

their applications are developed; and

‘‘(12) encouragement of collaborative relationships among

the State agency for higher education, the State library

administrative agency, the State telecommunications agency,

and the State educational agency, in the area of technology

support to strengthen the system of education.

‘‘SEC. 3113. DEFINITIONS.

‘‘For purposes of this title—

‘‘(1) the term ‘adult education’ has the same meaning given

such term by section 312 of the Adult Education Act;

‘‘(2) the term ‘all students’ means students from a broad

range of backgrounds and circumstances, including disadvantaged students, students with diverse racial, ethnic, and cultural backgrounds, students with disabilities, students with

limited English proficiency, students who have dropped out

of school, and academically talented students;

‘‘(3) the term ‘information infrastructure’ means a network

of communication systems designed to exchange information

among all citizens and residents of the United States;

‘‘(4) the term ‘instructional programming’ means the full

range of audio and video data, text, graphics, or additional

state-of-the-art communications, including multimedia based

resources distributed through interactive, command and con-
H. R. 6—123

trol, or passive methods for the purpose of education and

instruction;

‘‘(5) the terms ‘interoperable’ and ‘interoperability’ mean

the ability to exchange easily data with, and connect to, other

hardware and software in order to provide the greatest accessibility for all students and other users;

‘‘(6) the term ‘Office’ means the Office of Educational Technology;

‘‘(7) the term ‘public telecommunications entity’ has the

same meaning given to such term by section 397(12) of the

Communications Act of 1934;

‘‘(8) the term ‘regional educational laboratory’ means a

regional educational laboratory supported under section 941(h)

of the Educational, Research, Development, Dissemination, and

Improvement Act of 1994;

‘‘(9) the term ‘State educational agency’ includes the Bureau

of Indian Affairs for purposes of serving schools funded by

the Bureau of Indian Affairs in accordance with this part;

‘‘(10) the term ‘State library administrative agency’ has

the same meaning given to such term in section 3 of the

Library Services and Construction Act; and

‘‘(11) the term ‘technology’ means state-of-the-art technology products and services, such as closed circuit television

systems, educational television and radio programs and services, cable television, satellite, copper and fiber optic transmission, computer hardware and software, video and audio

laser and CD-ROM discs, and video and audio tapes.

‘‘SEC. 3114. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.

‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) SUBPARTS 1, 2, AND 3.—There are authorized to be

appropriated $200,000,000 for fiscal year 1995 and such sums

as may be necessary for each of the four succeeding fiscal

years to carry out subparts 1, 2, and 3, of which— ‘‘(A)(i) $3,000,000 shall be available to carry out sub- part 1 (National Programs for Technology in Education)

for any such year for which the amount appropriated under

this subsection is less than $75,000,000; and

‘‘(ii) $5,000,000 shall be available to carry out subpart

1 for any such year for which the amount appropriated

under this subsection is equal to or greater than

$75,000,000;

‘‘(B) $10,000,000 shall be available to carry out subpart 3 (Regional Technical Support and Professional Development) for each such year; and

‘‘(C) the remainder shall be available to carry out subpart 2 (State and Local Programs for School Technology

Resources) for each such year.

‘‘(2) SUBPART 4.—For the purpose of carrying out subpart

4, there are authorized to be appropriated $50,000,000 for

fiscal year 1995 and such sums as may be necessary for each

of the four succeeding fiscal years.

‘‘(b) FUNDING RULE.—

‘‘(1) APPROPRIATIONS OF LESS THAN $75,000,000.—For any

fiscal year for which the amount appropriated under subsection

(a)(1) is less than $75,000,000, from the remainder of funds

made available under subsection (a)(1)(C) the Secretary shall
H. R. 6—124

award grants for the National Challenge Grants in accordance

with section 3136.

‘‘(2) APPROPRIATIONS EQUAL TO OR GREATER THAN

$75,000,000.—For any fiscal year for which the amount appropriated under subsection (a)(1) is equal to or greater than

$75,000,000, from the remainder of funds made available under

subsection (a)(1)(C) the Secretary shall award grants to State

educational agencies from allotments under section 3131, except

that the Secretary may reserve, from such remainder, such

funds as the Secretary determines necessary to meet outstanding obligations for such fiscal year to continue the National

Challenge Grants for Technology awarded under section 3136.

‘‘SEC. 3115. LIMITATION ON COSTS.

‘‘Not more than 5 percent of the funds under this part that

are made available to a recipient of funds under this part for

any fiscal year may be used by such recipient for administrative

costs or technical assistance.

‘‘Subpart 1—National Programs for Technology in

Education

‘‘SEC. 3121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.

‘‘(a) IN GENERAL.—The Secretary shall develop and publish

not later than 12 months after the date of the enactment of the

Improving America’s Schools Act of 1994, and update when the

Secretary determines appropriate, a national long-range plan that

supports the overall national technology policy and carries out

the purposes of this part.

‘‘(b) PLAN REQUIREMENTS.—The Secretary shall— ‘‘(1) develop the national long-range plan in consultation

with other Federal departments or agencies, State and local

education practitioners and policymakers, experts in technology

and the applications of technology to education, representatives

of distance learning consortia, representatives of telecommunications partnerships receiving assistance under the Star

Schools Act, and providers of technology services and products; ‘‘(2) transmit such plan to the President and to the appropriate committees of the Congress; and ‘‘(3) publish such plan in a form that is readily accessible

to the public.

‘‘(c) CONTENTS OF THE PLAN.—The national long-range plan

shall describe the Secretary’s activities to promote the purposes

of this title, including—

‘‘(1) how the Secretary will encourage the effective use

of technology to provide all students the opportunity to achieve

State content standards and State student performance standards, especially through programs administered by the Department;

‘‘(2) joint activities in support of the overall national technology policy with other Federal departments or agencies, such

as the Office of Science and Technology Policy, the National

Endowment for the Humanities, the National Endowment for

the Arts, the National Institute for Literacy, the National Aeronautics and Space Administration, the National Science

Foundation, the Bureau of Indian Affairs, and the Departments
H. R. 6—125

of Commerce, Energy, Health and Human Services, and

Labor—

‘‘(A) to promote the use of technology in education,

training, and lifelong learning, including plans for the educational uses of a national information infrastructure; and

‘‘(B) to ensure that the policies and programs of such

departments or agencies facilitate the use of technology

for educational purposes, to the extent feasible;

‘‘(3) how the Secretary will work with educators, State

and local educational agencies, and appropriate representatives

of the private sector to facilitate the effective use of technology

in education;

‘‘(4) how the Secretary will promote—

‘‘(A) higher achievement of all students through the

integration of technology into the curriculum;

‘‘(B) increased access to the benefits of technology for

teaching and learning for schools with a high number or

percentage of children from low-income families;

‘‘(C) the use of technology to assist in the implementation of State systemic reform strategies;

‘‘(D) the application of technological advances to use

in education;

‘‘(E) increased access to high quality adult and family

education services through the use of technology for instruction and professional development; and

‘‘(F) increased opportunities for the professional development of teachers in the use of new technologies;

‘‘(5) how the Secretary will determine, in consultation with

appropriate individuals, organizations, industries, and agencies,

the feasibility and desirability of establishing guidelines to

facilitate an easy exchange of data and effective use of technology in education; ‘‘(6) how the Secretary will promote the exchange of

information among States, local educational agencies, schools,

consortia, and other entities concerning the effective use of

technology in education; ‘‘(7) how the Secretary will utilize the outcomes of the

evaluation undertaken pursuant to section 3123 to promote

the purposes of this part; and

‘‘(8) the Secretary’s long-range measurable goals and objectives relating to the purposes of this part.

‘‘SEC. 3122. FEDERAL LEADERSHIP.

‘‘(a) PROGRAM AUTHORIZED.—In order to provide Federal leadership in promoting the use of technology in education, the Secretary,

in consultation with the National Science Foundation, the Department of Commerce, the United States National Commission on

Libraries and Information Sciences, and other appropriate Federal

agencies, may carry out activities designed to achieve the purposes

of this part directly or by awarding grants or contracts competitively

and pursuant to a peer review process to, or entering into contracts

with, State educational agencies, local educational agencies, institutions of higher education, or other public and private nonprofit

or for-profit agencies and organizations.

‘‘(b) ASSISTANCE.—

‘‘(1) IN GENERAL.—The Secretary shall provide assistance

to the States to enable such States to plan effectively for
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the use of technology in all schools throughout the State in

accordance with the purpose and requirements of section 317

of the Goals 2000: Educate America Act.

‘‘(2) OTHER FEDERAL AGENCIES.—For the purpose of carrying out coordinated or joint activities consistent with the purposes of this part, the Secretary may accept funds from, and

transfer funds to, other Federal agencies.

‘‘(c) USES OF FUNDS.—The Secretary shall use funds made

available to carry out this section for activities designed to carry

out the purpose of this part, such as—

‘‘(1) providing assistance to technical assistance providers

to enable such providers to improve substantially the services

such providers offer to educators regarding the uses of technology for education, including professional development;

‘‘(2) providing development grants to technical assistance

providers, to enable such providers to improve substantially

the services such providers offer to educators on the educational

uses of technology, including professional development;

‘‘(3) consulting with representatives of industry, elementary

and secondary education, higher education, adult and family

education, and appropriate experts in technology and educational applications of technology in carrying out activities

under this subpart;

‘‘(4) research on, and the development of, guidelines to

facilitate maximum interoperability, efficiency and easy

exchange of data for effective use of technology in education;

‘‘(5) research on, and the development of, applications for

education of the most advanced and newly emerging technologies which research shall be coordinated, when appropriate,

with the Office of Educational Research and Improvement,

and other Federal agencies;

‘‘(6) the development, demonstration, and evaluation of the

educational aspects of high performance computing and communications technologies and of the national information infrastructure, in providing professional development for teachers,

school librarians, and other educators; enriching academic

curricula for elementary and secondary schools; facilitating

communications among schools, local educational agencies,

libraries, parents, and local communities and in other such

areas as the Secretary deems appropriate;

‘‘(7) the development, demonstration, and evaluation of

applications of existing technology in preschool education,

elementary and secondary education, training and lifelong

learning, and professional development of educational personnel;

‘‘(8) the development and evaluation of software and other

products, including multimedia television programming, that

incorporate advances in technology and help achieve the

National Education Goals, State content standards and State

student performance standards;

‘‘(9) the development, demonstration, and evaluation of

model strategies for preparing teachers and other personnel

to use technology effectively to improve teaching and learning;

‘‘(10) the development of model programs that demonstrate

the educational effectiveness of technology in urban and rural

areas and economically distressed communities;
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‘‘(11) research on, and the evaluation of, the effectiveness

and benefits of technology in education; ‘‘(12) a biennial assessment of, and report to the public

regarding, the uses of technology in elementary and secondary

education throughout the United States upon which private

businesses and Federal, State, tribal, and local governments

may rely for decisionmaking about the need for, and provision

of, appropriate technologies in schools, which assessment and

report shall use, to the extent possible, existing information

and resources;

‘‘(13) conferences on, and dissemination of information

regarding, the uses of technology in education; ‘‘(14) the development of model strategies to promote gender equity concerning access to, and the use of, technology in the

classroom;

‘‘(15) encouraging collaboration between the Department and other Federal agencies in the development, implementation, evaluation and funding of applications of technology for

education, as appropriate; and

‘‘(16) such other activities as the Secretary determines will

meet the purposes of this subpart.

‘‘(d) NON-FEDERAL SHARE.—

‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), the

Secretary may require any recipient of a grant or contract

under this section to share in the cost of the activities assisted

under such grant or contract, which non-Federal share shall

be announced through a notice in the Federal Register and

may be in the form of cash or in-kind contributions, fairly

valued.

‘‘(2) INCREASE.—The Secretary may increase the non-Federal share that is required of a recipient of a grant or contract

under this section after the first year such recipient receives

funds under such grant or contract.

‘‘(3) MAXIMUM.—The non-Federal share required under this

section shall not exceed 50 percent of the cost of the activities

assisted pursuant to a grant or contract under this section.

‘‘SEC. 3123. STUDY, EVALUATION AND REPORT OF FUNDING ALTERNATIVES.

‘‘The Secretary, through the Office of Educational Technology,

shall conduct a study to evaluate, and report to the Congress

on, the feasibility of several alternative models for providing sustained and adequate funding for schools throughout the United

States so that such schools are able to acquire and maintain technology-enhanced curriculum, instruction, and administrative support resources and services. Such report shall be submitted to

the Congress not later than one year after the date of enactment

of the Improving America’s Schools Act of 1994.

‘‘Subpart 2—State and Local Programs for School

Technology Resources

‘‘SEC. 3131. ALLOTMENT AND REALLOTMENT.

‘‘(a) ALLOTMENT.—

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

each State educational agency shall be eligible to receive a

grant under this subpart for a fiscal year in an amount which
H. R. 6—128

bears the same relationship to the amount made available

under section 3114(a)(1)(C) for such year as the amount such

State received under part A of title I for such year bears

to the amount received for such year under such part by all

States.

‘‘(2) MINIMUM.—No State educational agency shall be

eligible to receive a grant under paragraph (1) in any fiscal

year in an amount which is less than one-half of one percent

of the amount made available under section 3115(a)(1)(C) for

such year.

‘‘(b) REALLOTMENT OF UNUSED FUNDS.—

‘‘(1) IN GENERAL.—The amount of any State educational

agency’s allotment under subsection (a) for any fiscal year

which the Secretary determines will not be required for such

fiscal year to carry out this subpart shall be available for

reallotment from time to time, on such dates during such

year as the Secretary may determine, to other State educational

agencies in proportion to the original allotments to such State

educational agencies under subsection (a) for such year, but

with such proportionate amount for any of such other State

educational agencies being reduced to the extent such amount

exceeds the sum the Secretary estimates such State needs

and will be able to use for such year.

‘‘(2) OTHER REALLOTMENTS.—The total of reductions under

paragraph (1) shall be similarly reallotted among the State

educational agencies whose proportionate amounts were not

so reduced. Any amounts reallotted to a State educational

agency under this subsection during a year shall be deemed

a subpart of such agencies allotment under subsection (a) for

such year.

‘‘SEC. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.

‘‘(a) GRANTS TO STATES.— ‘‘(1) IN GENERAL.—From amounts made available under

section 3131, the Secretary, through the Office of Educational

Technology, shall award grants to State educational agencies

having applications approved under section 3133. ‘‘(2) USE OF GRANTS.—(A) Each State educational agency receiving a grant under paragraph (1) shall use such grant

funds to award grants, on a competitive basis, to local educational agencies to enable such local educational agencies to

carry out the activities described in section 3134. ‘‘(B) In awarding grants under subparagraph (A), each

State educational agency shall ensure that each such grant

is of sufficient duration, and of sufficient size, scope, and quality, to carry out the purposes of this part effectively.

‘‘(b) TECHNICAL ASSISTANCE.—Each State educational agency

receiving a grant under paragraph (1) shall—

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

State educational agency that—

‘‘(A) have the highest number or percentage of children

in poverty; and

‘‘(B) demonstrate to such State educational agency the

greatest need for technical assistance in developing the

application under section 3133; and

‘‘(2) offer such technical assistance to such local educational

agencies.
H. R. 6—129

‘‘SEC. 3133. STATE APPLICATION.

‘‘To receive funds under this subpart, each State educational

agency shall submit a statewide educational technology plan which

may include plans submitted under the Goals 2000: Educate America Act or other statewide technology plans which meet the requirements of this section. Such application shall be submitted to the

Secretary at such time, in such manner, and accompanied by such

information as the Secretary may reasonably require. Each such

application shall contain a systemic statewide plan that— ‘‘(1) outlines long-term strategies for financing technology

education in the State and describes how business, industry,

and other public and private agencies, including libraries,

library literacy programs, and institutions of higher education,

can participate in the implementation, ongoing planning, and

support of the plan; and

‘‘(2) meets such other criteria as the Secretary may establish in order to enable such agency to provide assistance to

local educational agencies that have the highest numbers or

percentages of children in poverty and demonstrate the greatest

need for technology, in order to enable such local educational

agencies, for the benefit of school sites served by such local

educational agencies, to carry out activities such as— ‘‘(A) purchasing quality technology resources;

‘‘(B) installing various linkages necessary to acquire

connectivity; ‘‘(C) integrating technology into the curriculum in order

to improve student learning and achievement; ‘‘(D) providing teachers and library media personnel

with training or access to training;

‘‘(E) providing administrative and technical support

and services that improve student learning through

enriched technology-enhanced resources, including library

media resources;

‘‘(F) promoting in individual schools the sharing, distribution, and application of educational technologies with

demonstrated effectiveness;

‘‘(G) assisting schools in promoting parent involvement;

‘‘(H) assisting the community in providing literacyrelated services;

‘‘(I) establishing partnerships with private or public

educational providers or other entities to serve the needs

of children in poverty; and

‘‘(J) providing assurances that financial assistance provided under this part shall supplement, not supplant, State

and local funds.

‘‘SEC. 3134. LOCAL USES OF FUNDS.

‘‘Each local educational agency, to the extent possible, shall

use the funds made available under section 3132(a)(2) for—

‘‘(1) developing, adapting, or expanding existing and new

applications of technology to support the school reform effort;

‘‘(2) funding projects of sufficient size and scope to improve

student learning and, as appropriate, support professional

development, and provide administrative support;

‘‘(3) acquiring connectivity linkages, resources, and services,

including the acquisition of hardware and software, for use

by teachers, students and school library media personnel in
H. R. 6—130

the classroom or in school library media centers, in order to

improve student learning by supporting the instructional program offered by such agency to ensure that students in schools

will have meaningful access on a regular basis to such linkages,

resources and services;

‘‘(4) providing ongoing professional development in the

integration of quality educational technologies into school

curriculum and long-term planning for implementing educational technologies;

‘‘(5) acquiring connectivity with wide area networks for

purposes of accessing information and educational programming sources, particularly with institutions of higher education

and public libraries; and

‘‘(6) providing educational services for adults and families.

‘‘SEC. 3135. LOCAL APPLICATIONS.

‘‘Each local educational agency desiring assistance from a State

educational agency under section 3132(a)(2) shall submit an application, consistent with the objectives of the systemic statewide plan,

to the State educational agency at such time, in such manner

and accompanied by such information as the State educational

agency may reasonably require. Such application, at a minimum,

shall—

‘‘(1) include a strategic, long-range (three- to five-year),

plan that includes—

‘‘(A) a description of the type of technologies to be

acquired, including specific provisions for interoperability

among components of such technologies and, to the extent

practicable, with existing technologies;

‘‘(B) an explanation of how the acquired technologies

will be integrated into the curriculum to help the local

educational agency enhance teaching, training, and student

achievement;

‘‘(C) an explanation of how programs will be developed

in collaboration with existing adult literacy services providers to maximize the use of such technologies;

‘‘(D)(i) a description of how the local educational agency

will ensure ongoing, sustained professional development

for teachers, administrators, and school library media

personnel served by the local educational agency to further

the use of technology in the classroom or library media

center; and

‘‘(ii) a list of the source or sources of ongoing training

and technical assistance available to schools, teachers and

administrators served by the local educational agency, such

as State technology offices, intermediate educational support units, regional educational laboratories or institutions

of higher education;

‘‘(E) a description of the supporting resources, such

as services, software and print resources, which will be

acquired to ensure successful and effective use of technologies acquired under this section;

‘‘(F) the projected timetable for implementing such plan

in schools;

‘‘(G) the projected cost of technologies to be acquired

and related expenses needed to implement such plan; and
H. R. 6—131

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

will coordinate the technology provided pursuant to this

subpart with other grant funds available for technology

from State and local sources;

‘‘(2) describe how the local educational agency will involve

parents, public libraries, business leaders and community leaders in the development of such plan;

‘‘(3) describe how the acquired instructionally based technologies will help the local educational agency—

‘‘(A) promote equity in education in order to support

State content standards and State student performance

standards that may be developed; and

‘‘(B) provide access for teachers, parents and students

to the best teaching practices and curriculum resources

through technology; and

‘‘(4) describe a process for the ongoing evaluation of how

technologies acquired under this section—

‘‘(A) will be integrated into the school curriculum; and

‘‘(B) will affect student achievement and progress

toward meeting the National Education Goals and any

challenging State content standards and State student

performance standards that may be developed.

‘‘(d) FORMATION OF CONSORTIA.—A local educational agency

for any fiscal year may apply for financial assistance as part of

a consortium with other local educational agencies, institutions

of higher education, intermediate educational units, libraries, or

other educational entities appropriate to provide local programs.

The State educational agency may assist in the formation of consortia among local educational agencies, providers of educational services for adults and families, institutions of higher education, intermediate educational units, libraries, or other appropriate educational entities to provide services for the teachers and students

in a local educational agency at the request of such local educational

agency. ‘‘(e) COORDINATION OF APPLICATION REQUIREMENTS.—If a local

educational agency submitting an application for assistance under

this section has developed a comprehensive education improvement

plan, in conjunction with requirements under this Act or the Goals

2000: Educate America Act, the State educational agency may

approve such plan, or a component of such plan, notwithstanding

the requirements of subsection (e) if the State educational agency

determines that such approval would further the purposes of this

subpart.

‘‘SEC. 3136. NATIONAL CHALLENGE GRANTS FOR TECHNOLOGY IN EDUCATION.

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—From amounts made available under

section 3115(b)(1) for any fiscal year the Secretary is authorized

to award grants, on a competitive basis, to consortia having

applications approved under subsection (d), which consortia

shall include at least one local educational agency with a high

percentage or number of children living below the poverty line

and may include other local educational agencies, State educational agencies, institutions of higher education, businesses,

academic content experts, software designers, museums, libraries, or other appropriate entities.
H. R. 6—132

‘‘(2) DURATION.—Grants under this section shall be

awarded for a period of 5 years.

‘‘(b) USE OF GRANTS.—Grants awarded under subsection (a)

shall be used for activities similar to the activities described in

section 3134.

‘‘(c) PRIORITY.—In awarding grants under this section, the Secretary shall give priority to consortia which demonstrate in the

application submitted under subsection (d) that—

‘‘(1) the project for which assistance is sought is designed

to serve areas with a high number or percentage of disadvantaged students or the greatest need for educational technology;

‘‘(2) the project will directly benefit students by, for example, integrating the acquired technologies into curriculum to

help the local educational agency enhance teaching, training,

and student achievement;

‘‘(3) the project will ensure ongoing, sustained professional

development for teachers, administrators, and school library

media personnel served by the local educational agency to

further the use of technology in the classroom or library media

center;

‘‘(4) the project will ensure successful, effective, and

sustainable use of technologies acquired under this subsection;

and

‘‘(5) members of the consortia or other appropriate entities

will contribute substantial financial and other resources to

achieve the goals of the project.

‘‘(d) APPLICATION.—Each local educational agency desiring a

grant under this section shall submit an application to the Secretary

at such time, in such manner, and accompanied by such information

as the Secretary may reasonably require.

‘‘SEC. 3137. FEDERAL ADMINISTRATION.

‘‘(a) EVALUATION PROCEDURES.—The Secretary shall develop

procedures for State and local evaluations of the programs under

this subpart.

‘‘(b) EVALUATION SUMMARY.—The Secretary shall submit to the

Congress four years after the enactment of the Improving America’s

Schools Act of 1994 a summary of the State evaluations of programs

under this subpart in accordance with the provisions of section

14701.

Subpart 3—Regional Technical Support and

Professional Development

‘‘SEC. 3141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL

DEVELOPMENT.

‘‘(a) GRANTS AUTHORIZED.—

‘‘(1) AUTHORITY.—The Secretary, through the Office of Educational Technology, shall make grants in accordance with the

provisions of this section, to regional entities such as the Eisenhower Mathematics and Science Regional Consortia under part

C of title XIII, the regional education laboratories, the comprehensive regional assistance centers, or such other regional

entities as may be designated or established by the Secretary.

In awarding grants under this section, the Secretary shall

give priority to such consortia and shall ensure that each
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geographic region of the United States shall be served by such

a consortium.

‘‘(2) REQUIREMENTS.—Each consortium receiving a grant

under this section shall—

‘‘(A) be composed of State educational agencies, institutions of higher education, nonprofit organizations, or a

combination thereof;

‘‘(B) in cooperation with State and local educational

agencies, develop a regional program that addresses professional development, technical assistance, and information

resource dissemination, with special emphasis on meeting

the documented needs of educators and learners in the

region; and

‘‘(C) foster regional cooperation and resource and

coursework sharing.

‘‘(b) FUNCTIONS.—

‘‘(1) TECHNICAL ASSISTANCE.—Each consortium receiving a

grant under this section shall, to the extent practicable—

‘‘(A) collaborate with State educational agencies and

local educational agencies requesting collaboration, particularly in the development of strategies for assisting those

schools with the highest numbers or percentages of disadvantaged students with little or no access to technology

in the classroom;

‘‘(B) provide information, in coordination with information available from the Secretary, to State educational

agencies, local educational agencies, schools and adult education programs, on the types and features of various educational technology equipment and software available,

evaluate and make recommendations on equipment and

software that support the National Education Goals and

are suited for a school’s particular needs, and compile

and share information regarding creative and effective

applications of technology in the classroom and school

library media centers in order to support the purposes

of this part;

‘‘(C) collaborate with such State educational agencies,

local educational agencies, or schools requesting to participate in the tailoring of software programs and other

supporting materials to meet challenging State content

standards or challenging State student performance standards that may be developed; and ‘‘(D) provide technical assistance to facilitate use of

the electronic dissemination networks by State and local

educational agencies and schools throughout the region.

‘‘(2) PROFESSIONAL DEVELOPMENT.—Each consortium

receiving a grant under this section shall, to the extent practicable—

‘‘(A) develop and implement, in collaboration with State

educational agencies and institutions of higher education,

technology-specific, ongoing professional development, such

as—

‘‘(i) intensive school year and summer workshops

that use teachers, school librarians, and school library

personnel to train other teachers, school librarians,

and other school library media personnel; and

‘‘(ii) distance professional development, including—
H. R. 6—134

‘‘(I) interactive training tele-courses using

researchers, educators, and telecommunications

personnel who have experience in developing,

implementing, or operating educational and

instructional technology as a learning tool;

‘‘(II) onsite courses teaching teachers to use

educational and instructional technology and to

develop their own instructional materials for effectively incorporating technology and programming

in their own classrooms;

‘‘(III) methods for successful integration of

instructional technology into the curriculum in

order to improve student learning and achievement;

‘‘(IV) video conferences and seminars which

offer professional development through peer interaction with experts as well as other teachers using

technologies in their classrooms; and

‘‘(V) mobile education technology and training

resources;

‘‘(B) develop training resources that—

‘‘(i) are relevant to the needs of the region and

schools within the region;

‘‘(ii) are relevant to the needs of adult literacy

staff and volunteers, including onsite courses on how

to—

‘‘(I) use instructional technology; and

‘‘(II) develop instructional materials for adult

learning; and

‘‘(iii) are aligned with the needs of teachers and

administrators in the region;

‘‘(C) establish a repository of professional development

and technical assistance resources;

‘‘(D) identify and link technical assistance providers

to State and local educational agencies, as needed;

‘‘(E) ensure that training, professional development,

and technical assistance meet the needs of educators, parents, and students served by the region;

‘‘(F) assist colleges and universities within the region

to develop and implement preservice training programs

for students enrolled in teacher education programs; and

‘‘(G) assist local educational agencies and schools in

working with community members and parents to develop

support from communities and parents for educational technology programs and projects.

‘‘(3) INFORMATION AND RESOURCE DISSEMINATION.—Each

consortium receiving a grant under this section shall, to the

extent practicable—

‘‘(A) assist State and local educational agencies in the

identification and procurement of financial, technological

and human resources needed to implement technology

plans;

‘‘(B) provide outreach and, at the request of a State

or local educational agency, work with such agency to assist

in the development and validation of instructionally based

technology education resources; and
H. R. 6—135

‘‘(C) coordinate activities and establish partnerships

with organizations and institutions of higher education that

represent the interests of the region as such interests pertain to the application of technology in teaching, learning,

instructional management, dissemination, collection and

distribution of educational statistics, and the transfer of

student information.

‘‘(4) COORDINATION.—Each consortium receiving a grant

under this section shall work collaboratively, and coordinate

the services the consortium provides, with appropriate regional

and other entities assisted in whole or in part by the Department.

‘‘Subpart 4—Product Development

‘‘SEC. 3151. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.

‘‘(a) PURPOSE.—It is the purpose of this subpart to—

‘‘(1) support development of curriculum-based learning

resources using state-of-the-art technologies and techniques

designed to improve student learning; and

‘‘(2) support development of long-term comprehensive

instructional programming and associated support resources

that ensure maximum access by all educational institutions.

‘‘(b) FEDERAL ASSISTANCE AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary shall provide assistance,

on a competitive basis, to eligible consortia to enable such

entities to develop, produce, and distribute state-of-the-art technology-enhanced instructional resources and programming for

use in the classroom or to support professional development

for teachers.

‘‘(2) GRANTS AND LOANS AUTHORIZED.—In carrying out the

purposes of this section, the Secretary is authorized to pay

the Federal share of the cost of the development, production,

and distribution of state-of-the-art technology enhanced instructional resources and programming—

‘‘(A) by awarding grants to, or entering into contracts

or cooperative agreements with, eligible consortia; or

‘‘(B) by awarding loans to eligible consortia which—

‘‘(i) shall be secured in such manner and be repaid

within such period, not exceeding 20 years, as may

be determined by the Secretary;

‘‘(ii) shall bear interest at a rate determined by

the Secretary which shall be not more than the total

of one-quarter of 1 percent per annum added to the

rate of interest paid by the Secretary on funds obtained

from the Secretary of the Treasury; and

‘‘(iii) may be forgiven by the Secretary, in an

amount not to exceed 25 percent of the total loan,

under such terms and conditions as the Secretary may

consider appropriate.

‘‘(3) MATCHING REQUIREMENT.—The Secretary may require

any recipient of a grant or contract under this subpart to

share in the cost of the activities assisted under such grant

or contract, which non-Federal share shall be announced

through a notice in the Federal Register and may be in the

form of cash or in-kind contributions, fairly valued.
H. R. 6—136

‘‘(4) ELIGIBLE CONSORTIUM.—For the purpose of this subsection, the term ‘eligible consortium’ means a consortium—

‘‘(A) that shall include—

‘‘(i) a State or local educational agency; and

‘‘(ii) a business, industry, or telecommunications

entity; and

‘‘(B) that may include—

‘‘(i) a public or private nonprofit organization; or

‘‘(ii) a postsecondary institution.

‘‘(5) PRIORITIES.—In awarding assistance under this section,

the Secretary shall give priority to applications describing programs or systems that—

‘‘(A) promote the acquisition of higher-order thinking

skills and promise to raise the achievement levels of all

students, particularly disadvantaged students who are not

realizing their potential;

‘‘(B) are aligned with challenging State content standards and State and local curriculum frameworks;

‘‘(C) may be adapted and applied nationally at a reasonable cost over a broad technology platform;

‘‘(D) convert technology resources developed with support from the Department of Defense and other Federal

agencies for effective use in the classroom;

‘‘(E) show promise of reducing the costs of providing

high-quality instruction;

‘‘(F) show promise of expanding access to high-quality

instruction in content areas which would otherwise not

be available to students in rural and urban communities

or who are served by other educational agencies with limited financial resources;

‘‘(G) are developed in consultation with classroom

teachers;

‘‘(H) are developed through consultation and collaboration with appropriate education entities in designing the

product to ensure relevance to the voluntary national content standards, the voluntary national student performance

standards and State curriculum frameworks; and

‘‘(I) are developed so that the product can be adapted

for use by adults in need of literacy services, including

English as a second language and preparation for a secondary school diploma or its recognized equivalent.

‘‘(6) REQUIREMENTS FOR FEDERAL ASSISTANCE.—Each

eligible consortium desiring Federal assistance under this section shall submit an application to the Secretary at such time

and in such manner as the Secretary may prescribe. Each

application shall include—

‘‘(A) a description of how the product will improve

the achievement levels of students;

‘‘(B) a description of how the activities assisted under

this section will promote professional development of teachers and administrators in the uses and applications of

the product, including the development of training materials;

‘‘(C) a description of design, development, field testing,

evaluation, and distribution of products, where appropriate;
H. R. 6—137

‘‘(D) an assurance that the product shall effectively

serve a significant number or percentage of economically

disadvantaged students;

‘‘(E) plans for dissemination of products to a wide

audience of learners;

‘‘(F) a description of how the product can be adapted

for use by students with disabilities including provisions

for closed captioning or descriptive video, where appropriate;

‘‘(G) a description of how ownership and rights to the

use and marketing of any product developed by the consortium, including intellectual property rights, will be allocated among consortium participants; and ‘‘(H) a description of the contributions, including services and funds, to be made by each member of the consortium, and how any revenues derived from the sale of any

product developed by the consortium shall be distributed.

‘‘(c) CONSUMER REPORT.—The Secretary shall provide for the

independent evaluation of products developed under this section

and shall disseminate information about products developed pursuant to provisions of this section to State and local educational

agencies, and other organizations or individuals that the Secretary

determines to be appropriate, through print and electronic media

that are accessible to the education community at large.

‘‘(d) PROCEEDS.—The Secretary shall not prohibit an eligible

consortium or any of the members of such consortium from receiving

financial benefits from the distribution of any products resulting

from the assistance received under this section. Notwithstanding

any other provision of law, any profits or royalties received by

a State educational agency, local educational agency, or other nonprofit member of an eligible consortium receiving assistance under

this section shall be used to support further development of curriculum-based learning resources, services, and programming or to provide access to such products for a wider audience.

‘‘PART B—STAR SCHOOLS PROGRAM

‘‘SEC. 3201. SHORT TITLE.

‘‘This part may be cited as the ‘Star Schools Act’.

‘‘SEC. 3202. FINDINGS.

‘‘The Congress finds that—

‘‘(1) the Star Schools program has helped to encourage

the use of distance learning strategies to serve multi-State

regions primarily by means of satellite and broadcast television; ‘‘(2) in general, distance learning programs have been used

effectively to provide students in small, rural, and isolated

schools with courses and instruction, such as science and foreign

language instruction, that the local educational agency is not

otherwise able to provide; and

‘‘(3) distance learning programs may also be used to— ‘‘(A) provide students of all ages in all types of schools

and educational settings with greater access to high-quality

instruction in the full range of core academic subjects that

will enable such students to meet challenging, internationally competitive, educational standards;
H. R. 6—138

‘‘(B) expand professional development opportunities for

teachers;

‘‘(C) contribute to achievement of the National Education Goals; and

‘‘(D) expand learning opportunities for everyone.

‘‘SEC. 3203. PURPOSE.

‘‘It is the purpose of this part to encourage improved instruction in mathematics, science, and foreign languages as well as other

subjects, such as literacy skills and vocational education, and to

serve underserved populations, including the disadvantaged, illiterate, limited-English proficient, and individuals with disabilities,

through a star schools program under which grants are made

to eligible telecommunication partnerships to enable such partnerships to—‘‘(1) develop, construct, acquire, maintain and operate telecommunications audio and visual facilities and equipment; ‘‘(2) develop and acquire educational and instructional

programming; and ‘‘(3) obtain technical assistance for the use of such facilities

and instructional programming.

‘‘SEC. 3204. GRANTS AUTHORIZED.

‘‘(a) AUTHORITY.—The Secretary, through the Office of Edu- cational Technology, is authorized to make grants, in accordance

with the provisions of this part, to eligible entities to pay the

Federal share of the cost of—

‘‘(1) the development, construction, acquisition, maintenance and operation of telecommunications facilities and equipment;

‘‘(2) the development and acquisition of live, interactive

instructional programming; ‘‘(3) the development and acquisition of preservice and

inservice teacher training programs based on established

research regarding teacher-to-teacher mentoring, effective skill

transfer, and ongoing, in-class instruction; ‘‘(4) the establishment of teleconferencing facilities and resources for making interactive training available to teachers; ‘‘(5) obtaining technical assistance; and

‘‘(6) the coordination of the design and connectivity of tele- communications networks to reach the greatest number of

schools.

‘‘(b) DURATION.— ‘‘(1) IN GENERAL.—The Secretary shall award grants pursu- ant to subsection (a) for a period of 5 years. ‘‘(2) RENEWAL.—Grants awarded pursuant to subsection (a) may be renewed for one additional three-year period.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated

$35,000,000 for fiscal year 1995, and such sums as may be

necessary for each of the four succeeding fiscal years, to carry

out this part.

‘‘(2) AVAILABILITY.—Funds appropriated pursuant to the

authority of subsection (a) shall remain available until

expended.

‘‘(d) LIMITATIONS.—

‘‘(1) IN GENERAL.—A grant under this section shall not

exceed—
H. R. 6—139

‘‘(A) five years in duration; and

‘‘(B) $10,000,000 in any one fiscal year.

‘‘(2) INSTRUCTIONAL PROGRAMMING.—Not less than 25 percent of the funds available to the Secretary in any fiscal year

under this part shall be used for the cost of instructional

programming.

‘‘(3) SPECIAL RULE.—Not less than 50 percent of the funds

available in any fiscal year under this part shall be used

for the cost of facilities, equipment, teacher training or retraining, technical assistance, or programming, for local educational

agencies which are eligible to receive assistance under part

A of title I.

‘‘(e) FEDERAL SHARE.—

‘‘(1) IN GENERAL.—The Federal share of the cost of projects

funded under this section shall not exceed—

‘‘(A) 75 percent for the first and second years for which

an eligible telecommunications partnership receives a grant

under this part;

‘‘(B) 60 percent for the third and fourth such years;

and

‘‘(C) 50 percent for the fifth such year.

‘‘(2) REDUCTION OR WAIVER.—The Secretary may reduce

or waive the requirement of the non-Federal share under paragraph (1) upon a showing of financial hardship.

‘‘(f) AUTHORITY TO ACCEPT FUNDS FROM OTHER AGENCIES.—

The Secretary is authorized to accept funds from other Federal

departments or agencies to carry out the purposes of this section,

including funds for the purchase of equipment. ‘‘(g) COORDINATION.—The Department, the National Science

Foundation, the Department of Agriculture, the Department of Commerce, and any other Federal department or agency operating a

telecommunications network for educational purposes, shall coordinate the activities assisted under this part with the activities of

such department or agency relating to a telecommunications network for educational purposes.

‘‘(h) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—Each entity

receiving funds under this part is encouraged to provide— ‘‘(1) closed captioning of the verbal content of such program,

where appropriate, to be broadcast by way of line 21 of the

vertical blanking interval, or by way of comparable successor

technologies; and ‘‘(2) descriptive video of the visual content of such program,

as appropriate.

‘‘SEC. 3205. ELIGIBLE ENTITIES.

‘‘(a) ELIGIBLE ENTITIES.—

‘‘(1) REQUIRED PARTICIPATION.—The Secretary may make

a grant under section 3204 to any eligible entity, if at least

one local educational agency is participating in the proposed

project.

‘‘(2) ELIGIBLE ENTITY.—For the purpose of this part, the

term ‘eligible entity’ may include—

‘‘(A) a public agency or corporation established for the

purpose of developing and operating telecommunications

networks to enhance educational opportunities provided

by educational institutions, teacher training centers, and

other entities, except that any such agency or corporation
H. R. 6—140

shall represent the interests of elementary and secondary

schools that are eligible to participate in the program under

part A of title I; or

‘‘(B) a partnership that will provide telecommunications services and which includes 3 or more of the following entities, at least 1 of which shall be an agency described

in clause (i) or (ii):

‘‘(i) a local educational agency that serves a significant number of elementary and secondary schools that

are eligible for assistance under part A of title I, or

elementary and secondary schools operated or funded

for Indian children by the Department of the Interior

eligible under section 1121(b)(2);

‘‘(ii) a State educational agency;

‘‘(iii) adult and family education programs;

‘‘(iv) an institution of higher education or a State

higher education agency;

‘‘(v) a teacher training center or academy that—

‘‘(I) provides teacher pre-service and in-service

training; and

‘‘(II) receives Federal financial assistance or

has been approved by a State agency;

‘‘(vi) (I) a public or private entity with experience

and expertise in the planning and operation of a telecommunications network, including entities involved

in telecommunications through satellite, cable, telephone, or computer; or

‘‘(II) a public broadcasting entity with such experience; or

‘‘(vii) a public or private elementary or secondary

school.

‘‘(b) SPECIAL RULE.—An eligible entity receiving assistance

under this part shall be organized on a statewide or multistate

basis.

‘‘SEC. 3206. APPLICATIONS.

‘‘(a) APPLICATIONS REQUIRED.—Each eligible entity which

desires to receive a grant under section 3204 shall submit an

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

containing or accompanied by such information as the Secretary

may reasonably require.

‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each application

submitted pursuant to subsection (a) shall—

‘‘(1) describe how the proposed project will assist in achieving the National Education Goals, how such project will assist

all students to have an opportunity to learn to challenging

State standards, how such project will assist State and local

educational reform efforts, and how such project will contribute

to creating a high quality system of lifelong learning;

‘‘(2) describe the telecommunications facilities and equipment and technical assistance for which assistance is sought,

which may include—

‘‘(A) the design, development, construction, acquisition,

maintenance and operation of State or multistate educational telecommunications networks and technology

resource centers;
H. R. 6—141

‘‘(B) microwave, fiber optics, cable, and satellite transmission equipment or any combination thereof;

‘‘(C) reception facilities;

‘‘(D) satellite time;

‘‘(E) production facilities;

‘‘(F) other telecommunications equipment capable of

serving a wide geographic area;

‘‘(G) the provision of training services to instructors

who will be using the facilities and equipment for which

assistance is sought, including training in using such facilities and equipment and training in integrating programs

into the classroom curriculum; and

‘‘(H) the development of educational and related

programming for use on a telecommunications network;

‘‘(3) in the case of an application for assistance for instructional programming, describe the types of programming which

will be developed to enhance instruction and training and provide assurances that such programming will be designed in

consultation with professionals (including classroom teachers)

who are experts in the applicable subject matter and grade

level;

‘‘(4) describe how the eligible entity has engaged in sufficient survey and analysis of the area to be served to ensure

that the services offered by the eligible entity will increase

the availability of courses of instruction in English, mathematics, science, foreign languages, arts, history, geography, or

other disciplines;

‘‘(5) describe the professional development policies for

teachers and other school personnel to be implemented to

ensure the effective use of the telecommunications facilities

and equipment for which assistance is sought; ‘‘(6) describe the manner in which historically underserved students (such as students from low-income families, limited

English proficient students, students with disabilities, or students who have low literacy skills) and their families, will

participate in the benefits of the telecommunications facilities,

equipment, technical assistance, and programming assisted

under this part;

‘‘(7) describe how existing telecommunications equipment,

facilities, and services, where available, will be used;

‘‘(8) provide assurances that the financial interest of the

United States in the telecommunications facilities and equipment will be protected for the useful life of such facilities

and equipment;

‘‘(9) provide assurances that a significant portion of any

facilities and equipment, technical assistance, and programming for which assistance is sought for elementary and secondary schools will be made available to schools or local educational

agencies that have a high number or percentage of children

eligible to be counted under part A of title I;

‘‘(10) provide assurances that the applicant will use the

funds provided under this part to supplement and not supplant

funds otherwise available for the purposes of this part;

‘‘(11) if any member of the consortia receives assistance

under subpart 3 of part A, describe how funds received under

this part will be coordinated with funds received for educational

technology in the classroom under such section;
H. R. 6—142

‘‘(12) describe the activities or services for which assistance

is sought, such as—

‘‘(A) providing facilities, equipment, training services,

and technical assistance;

‘‘(B) making programs accessible to students with

disabilities through mechanisms such as closed captioning

and descriptive video services;

‘‘(C) linking networks around issues of national importance (such as elections) or to provide information about

employment opportunities, job training, or student and

other social service programs;

‘‘(D) sharing curriculum resources between networks

and development of program guides which demonstrate

cooperative, cross-network listing of programs for specific

curriculum areas;

‘‘(E) providing teacher and student support services

including classroom and training support materials which

permit student and teacher involvement in the live interactive distance learning telecasts;

‘‘(F) incorporating community resources such as libraries and museums into instructional programs;

‘‘(G) providing professional development for teachers,

including, as appropriate, training to early childhood development and Head Start teachers and staff and vocational

education teachers and staff, and adult and family educators;

‘‘(H) providing programs for adults to maximize the

use of telecommunications facilities and equipment;

‘‘(I) providing teacher training on proposed or established voluntary national content standards in mathematics

and science and other disciplines as such standards are

developed; and

‘‘(J) providing parent education programs during and

after the regular school day which reinforce a student’s

course of study and actively involve parents in the learning

process;

‘‘(13) describe how the proposed project as a whole will

be financed and how arrangements for future financing will

be developed before the project expires;

‘‘(14) provide an assurance that a significant portion of

any facilities, equipment, technical assistance, and programming for which assistance is sought for elementary and secondary schools will be made available to schools in local educational

agencies that have a high percentage of children counted for

the purpose of part A of title I;

‘‘(15) provide an assurance that the applicant will provide

such information and cooperate in any evaluation that the

Secretary may conduct under this part; and

‘‘(16) include such additional assurances as the Secretary

may reasonably require.

‘‘(c) PRIORITIES.—The Secretary, in approving applications for

grants authorized under section 3204, shall give priority to applications describing projects that—

‘‘(1) propose high-quality plans to assist in achieving one

or more of the National Education Goals, will provide instruction consistent with State content standards, or will otherwise
H. R. 6—143

provide significant and specific assistance to States and local

educational agencies undertaking systemic education reform;

‘‘(2) will provide services to programs serving adults, especially parents, with low levels of literacy;

‘‘(3) will serve schools with significant numbers of children

counted for the purposes of part A of title I;

‘‘(4) ensure that the eligible entity will—

‘‘(A) serve the broadest range of institutions, programs

providing instruction outside of the school setting, programs serving adults, especially parents, with low levels

of literacy, institutions of higher education, teacher training

centers, research institutes, and private industry;

‘‘(B) have substantial academic and teaching capabilities, including the capability of training, retraining, and

inservice upgrading of teaching skills and the capability

to provide professional development;

‘‘(C) provide a comprehensive range of courses for educators to teach instructional strategies for students with

different skill levels;

‘‘(D) provide training to participating educators in ways

to integrate telecommunications courses into existing school

curriculum;

‘‘(E) provide instruction for students, teachers, and parents;

‘‘(F) serve a multistate area; and

‘‘(G) give priority to the provision of equipment and

linkages to isolated areas; and

‘‘(5) involve a telecommunications entity (such as a satellite,

cable, telephone, computer, or public or private television stations) participating in the eligible entity and donating equipment or in-kind services for telecommunications linkages.

‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving applications for

grants authorized under section 3204, the Secretary shall, to the

extent feasible, ensure an equitable geographic distribution of services provided under this part.

‘‘SEC. 3207. LEADERSHIP AND EVALUATION ACTIVITIES.

‘‘(a) RESERVATION.—From the amount appropriated pursuant

to the authority of section 3204(c)(1) in each fiscal year, the Secretary may reserve not more than 5 percent of such amount for

national leadership, evaluation, and peer review activities.

‘‘(b) METHOD OF FUNDING.—The Secretary may fund the activities described in subsection (a) directly or through grants, contracts,

and cooperative agreements.

‘‘(c) USES OF FUNDS.—

‘‘(1) LEADERSHIP.—Funds reserved for leadership activities

under subsection (a) may be used for—

‘‘(A) disseminating information, including lists and

descriptions of services available from grant recipients

under this part; and

‘‘(B) other activities designed to enhance the quality

of distance learning activities nationwide.

‘‘(2) EVALUATION.—Funds reserved for evaluation activities

under subsection (a) may be used to conduct independent

evaluations of the activities assisted under this part and of

distance learning in general, including—
H. R. 6—144

‘‘(A) analyses of distance learning efforts, including

such efforts that are assisted under this part and such

efforts that are not assisted under this part; and

‘‘(B) comparisons of the effects, including student outcomes, of different technologies in distance learning efforts.

‘‘(3) PEER REVIEW.—Funds reserved for peer review activities under subsection (a) may be used for peer review of—

‘‘(A) applications for grants under this part; and

‘‘(B) activities assisted under this part.

‘‘SEC. 3208. DEFINITIONS.

‘‘As used in this part—

‘‘(1) the term ‘educational institution’ means an institution

of higher education, a local educational agency, or a State

educational agency;

‘‘(2) the term ‘instructional programming’ means courses

of instruction and training courses for elementary and secondary students, teachers, and others, and materials for use in

such instruction and training that have been prepared in audio

and visual form on tape, disc, film, or live, and presented

by means of telecommunications devices; and

‘‘(3) the term ‘public broadcasting entity’ has the same

meaning given such term in section 397 of the Communications

Act of 1934.

‘‘SEC. 3209. ADMINISTRATIVE PROVISIONS.

‘‘(a) CONTINUING ELIGIBILITY.—

‘‘(1) IN GENERAL.—In order to be eligible to receive a grant

under section 3204 for a second 3-year grant period an eligible

entity shall demonstrate in the application submitted pursuant

to section 3206 that such partnership shall—

‘‘(A) continue to provide services in the subject areas

and geographic areas assisted with funds received under

this part for the previous 5-year grant period; and ‘‘(B) use all grant funds received under this part for

the second 3-year grant period to provide expanded services

by— ‘‘(i) increasing the number of students, schools or

school districts served by the courses of instruction

assisted under this part in the previous fiscal year; ‘‘(ii) providing new courses of instruction; and

‘‘(iii) serving new populations of underserved

individuals, such as children or adults who are disadvantaged, have limited-English proficiency, are

individuals with disabilities, are illiterate, or lack

secondary school diplomas or their recognized equivalent.

‘‘(2) SPECIAL RULE.—Grant funds received pursuant to paragraph (1) shall be used to supplement and not supplant services

provided by the grant recipient under this part in the previous

fiscal year.

‘‘(b) FEDERAL ACTIVITIES.—The Secretary may assist grant

recipients under section 3204 in acquiring satellite time, where

appropriate, as economically as possible.

‘‘SEC. 3210. OTHER ASSISTANCE.

‘‘(a) SPECIAL STATEWIDE NETWORK.—
H. R. 6—145

‘‘(1) IN GENERAL.—The Secretary, through the Office of

Educational Technology, may provide assistance to a statewide

telecommunications network under this subsection if such network—

‘‘(A) provides 2-way full motion interactive video and

audio communications;

‘‘(B) links together public colleges and universities and

secondary schools throughout the State; and

‘‘(C) meets any other requirements determined appropriate by the Secretary.

‘‘(2) STATE CONTRIBUTION.—A statewide telecommunications network assisted under paragraph (1) shall contribute,

either directly or through private contributions, non-Federal

funds equal to not less than 50 percent of the cost of such

network.

‘‘(b) SPECIAL LOCAL NETWORK.—

‘‘(1) IN GENERAL.—The Secretary may provide assistance,

on a competitive basis, to a local educational agency or consortium thereof to enable such agency or consortium to establish

a high technology demonstration program.

‘‘(2) PROGRAM REQUIREMENTS.—A high technology demonstration program assisted under paragraph (1) shall—

‘‘(A) include 2-way full motion interactive video, audio

and text communications;

‘‘(B) link together elementary and secondary schools,

colleges, and universities;

‘‘(C) provide parent participation and family programs;

‘‘(D) include a staff development program; and

‘‘(E) have a significant contribution and participation

from business and industry.

‘‘(3) SPECIAL RULE.—Each high technology demonstration program assisted under paragraph (1) shall be of sufficient

size and scope to have an effect on meeting the National Education Goals.

‘‘(4) MATCHING REQUIREMENT.—A local educational agency or consortium receiving a grant under paragraph (1) shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the

amount of the grant.

‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR CONTINUING EDU- CATION.—

‘‘(1) AUTHORITY.—The Secretary is authorized to award

grants, on a competitive basis, to eligible entities to enable

such partnerships to develop and operate one or more programs

which provide on-line access to educational resources in support

of continuing education and curriculum requirements relevant

to achieving a secondary school diploma or its recognized

equivalent. The program authorized by this section shall be

designed to advance adult literacy, secondary school completion

and the acquisition of specified competency by the end of the

12th grade, as envisioned by the Goals 2000: Educate America

Act.

‘‘(2) APPLICATION.—Each eligible entity desiring a grant

under this section shall submit an application to the Secretary.

Each such application shall—

‘‘(A) demonstrate that the applicant will use publicly

funded or free public telecommunications infrastructure
H. R. 6—146

to deliver video, voice and data in an integrated service

to support and assist in the acquisition of a secondary

school diploma or its recognized equivalent;

‘‘(B) assure that the content of the materials to be

delivered is consistent with the accreditation requirements

of the State for which such materials are used;

‘‘(C) incorporate, to the extent feasible, materials developed in the Federal departments and agencies and under

appropriate federally funded projects and programs;

‘‘(D) assure that the applicant has the technological

and substantive experience to carry out the program; and

‘‘(E) contain such additional assurances as the Secretary may reasonably require.

‘‘PART C—READY-TO-LEARN TELEVISION

‘‘SEC. 3301. READY-TO-LEARN.

‘‘(a) IN GENERAL.—The Secretary is authorized to award grants

to or enter into contracts or cooperative agreements with eligible

entities described in section 3302(b) to develop, produce, and distribute educational and instructional video programming for preschool

and elementary school children and their parents in order to facilitate the achievement of the National Education Goals.

‘‘(b) AVAILABILITY.—In making such grants, contracts, or

cooperative agreements, the Secretary shall ensure that recipients

make programming widely available with support materials as

appropriate to young children, their parents, child care workers,

and Head Start providers to increase the effective use of such

programming.

‘‘SEC. 3302. EDUCATIONAL PROGRAMMING.

‘‘(a) AWARDS.—The Secretary shall award grants, contracts,

or cooperative agreements to eligible entities to— ‘‘(1) facilitate the development directly or through contracts

with producers of children and family educational television

programming, educational programming for preschool and

elementary school children, and accompanying support materials and services that promote the effective use of such

programming; and ‘‘(2) enable such entities to contract with entities (such

as public telecommunications entities and those funded under

the Star Schools Act) so that programs developed under this

section are disseminated and distributed to the widest possible

audience appropriate to be served by the programming by the

most appropriate distribution technologies.

‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a grant, contract, or cooperative agreement under subsection (a), an entity

shall be—

‘‘(1) a nonprofit entity (including a public telecommunications entity) able to demonstrate a capacity for the development and distribution of educational and instructional

television programming of high quality for preschool and

elementary school children; and

‘‘(2) able to demonstrate a capacity to contract with the

producers of children’s television programming for the purpose

of developing educational television programming of high quality for preschool and elementary school children.
H. R. 6—147

‘‘(c) CULTURAL EXPERIENCES.—Programming developed under

this section shall reflect the recognition of diverse cultural experiences and the needs and experiences of both boys and girls in

engaging and preparing young children for schooling.

‘‘SEC. 3303. DUTIES OF SECRETARY.

‘‘The Secretary is authorized—

‘‘(1) to establish and administer a Special Projects of

National Significance program to award grants, contracts, or

cooperative agreements to public and nonprofit private entities,

or local public television stations or such public television stations that are part of a consortium with one or more State

educational agencies, local educational agencies, local schools,

institutions of higher education, or community-based organizations of demonstrated effectiveness, for the purpose of—

‘‘(A) addressing the learning needs of young children

in limited English proficient households, and developing

appropriate educational and instructional television

programming to foster the school readiness of such children;

‘‘(B) developing programming and support materials

to increase family literacy skills among parents to assist

parents in teaching their children and utilizing educational

television programming to promote school readiness; and

‘‘(C) identifying, supporting, and enhancing the effective use and outreach of innovative programs that promote

school readiness;

‘‘(2) to establish within the Department a clearinghouse

to compile and provide information, referrals and model program materials and programming obtained or developed under

this part to parents, child care providers, and other appropriate

individuals or entities to assist such individuals and entities

in accessing programs and projects under this part; and ‘‘(3) to develop and disseminate training materials, including— ‘‘(A) interactive programs and programs adaptable to

distance learning technologies that are designed to enhance

knowledge of children’s social and cognitive skill development and positive adult-child interactions; and

‘‘(B) support materials to promote the effective use

of materials developed under paragraph (2);

among parents, Head Start providers, in-home and center based

day care providers, early childhood development personnel, and

elementary school teachers, public libraries, and after school

program personnel caring for preschool and elementary school

children;

‘‘(4) coordinate activities with the Secretary of Health and

Human Services in order to—

‘‘(A) maximize the utilization of quality educational

programming by preschool and elementary school children,

and make such programming widely available to federally

funded programs serving such populations; and

‘‘(B) provide information to recipients of funds under

Federal programs that have major training components

for early childhood development, including Head Start,

Even Start, and State training activities funded under

the Child Care Development Block Grant Act of 1990
H. R. 6—148

regarding the availability and utilization of materials developed under paragraph (3) to enhance parent and child

care provider skills in early childhood development and

education.

‘‘SEC. 3304. APPLICATIONS.

‘‘Each eligible entity desiring a grant, contract, or cooperative

agreement under section 3301 or 3303 shall submit an application

to the Secretary at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

‘‘SEC. 3305. REPORTS AND EVALUATION.

‘‘(a) ANNUAL REPORT TO SECRETARY.—An entity receiving funds

under section 3301 shall prepare and submit to the Secretary an

annual report which contains such information as the Secretary

may require. At a minimum, the report shall describe the program

activities undertaken with funds received under this section, including—

‘‘(1) the programming that has been developed directly

or indirectly by the entity, and the target population of the

programs developed;

‘‘(2) the support materials that have been developed to

accompany the programming, and the method by which such

materials are distributed to consumers and users of the

programming;

‘‘(3) the means by which programming developed under

this section has been distributed, including the distance learning technologies that have been utilized to make programming

available and the geographic distribution achieved through such

technologies; and ‘‘(4) the initiatives undertaken by the entity to develop

public-private partnerships to secure non-Federal support for

the development and distribution and broadcast of educational

and instructional programming.

‘‘(b) REPORT TO CONGRESS.—The Secretary shall prepare and

submit to the relevant committees of Congress a biannual report

which includes—

‘‘(1) a summary of the information made available under section 3302(a); and

‘‘(2) a description of the training materials made available under section 3303(3), the manner in which outreach has been

conducted to inform parents and child care providers of the

availability of such materials, and the manner in which such

materials have been distributed in accordance with such section.

‘‘SEC. 3306. ADMINISTRATIVE COSTS.

‘‘With respect to the implementation of section 3302, entities

receiving a grant, contract, or cooperative agreement from the Secretary may use not more than 5 percent of the amounts received

under such section for the normal and customary expenses of administering the grant, contract, or cooperative agreement.

‘‘SEC. 3307. DEFINITION.

‘‘For the purposes of this part, the term ‘distance learning’

means the transmission of educational or instructional programming to geographically dispersed individuals and groups via telecommunications.
H. R. 6—149

‘‘SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated

to carry out this part, $30,000,000 for fiscal year 1995, and such

sums as may be necessary for each of the four succeeding fiscal

years. Not less than 60 percent of the amounts appropriated under

this subsection for each fiscal year shall be used to carry out

section 3302.

‘‘(b) SPECIAL PROJECTS.—Of the amount appropriated under subsection (b) for each fiscal year, at least 10 percent of such

amount shall be used for each such fiscal year for activities under

section 3303(1)(C).

‘‘PART D—TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS

‘‘SEC. 3401. PROJECT AUTHORIZED.

‘‘The Secretary is authorized to make grants to a nonprofit

telecommunications entity, or partnership of such entities, for the

purpose of carrying out a national telecommunications-based demonstration project to improve the teaching of mathematics. The

demonstration project authorized by this part shall be designed

to assist elementary and secondary school teachers in preparing

all students for achieving State content standards.

‘‘SEC. 3402. APPLICATION REQUIRED.

‘‘(a) IN GENERAL.—Each nonprofit telecommunications entity,

or partnership of such entities, desiring a grant under this part

shall submit an application to the Secretary. Each such application

shall—

‘‘(1) demonstrate that the applicant will use the existing

publicly funded telecommunications infrastructure to deliver

video, voice and data in an integrated service to train teachers

in the use of new standards-based curricula materials and

learning technologies;

‘‘(2) assure that the project for which assistance is sought

will be conducted in cooperation with appropriate State educational agencies, local educational agencies, State or local nonprofit public telecommunications entities, and a national

mathematics education professional association that has developed content standards;

‘‘(3) assure that a significant portion of the benefits available for elementary and secondary schools from the project

for which assistance is sought will be available to schools of

local educational agencies which have a high percentage of

children counted for the purpose of part A of title I; and

‘‘(4) contain such additional assurances as the Secretary

may reasonably require.

‘‘(b) APPROVAL OF APPLICATIONS; NUMBER OF DEMONSTRATION

SITES.—In approving applications under this section, the Secretary

shall assure that the demonstration project authorized by this part

is conducted at elementary and secondary school sites in at least

15 States.

‘‘SEC. 3403. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part, $5,000,000 for the fiscal year 1995, and such sums as may

be necessary for each of the four succeeding fiscal years.
H. R. 6—150

‘‘PART E—ELEMENTARY MATHEMATICS AND

SCIENCE EQUIPMENT PROGRAM

‘‘SEC. 3501. SHORT TITLE.

‘‘This part may be cited as the ‘Elementary Mathematics and

Science Equipment Act’.

‘‘SEC. 3502. STATEMENT OF PURPOSE.

‘‘It is the purpose of this part to raise the quality of instruction

in mathematics and science in the Nation’s elementary schools

by providing equipment and materials necessary for hands-on

instruction through assistance to State and local educational agencies.

‘‘SEC. 3503. PROGRAM AUTHORIZED.

‘‘The Secretary is authorized to make allotments to State educational agencies under section 3504 to enable such agencies to

award grants to local educational agencies for the purpose of providing equipment and materials to elementary schools to improve

mathematics and science education in such schools.

‘‘SEC. 3504. ALLOTMENTS OF FUNDS.

‘‘(a) IN GENERAL.—From the amount appropriated under section

3509 for any fiscal year, the Secretary shall reserve—

‘‘(1) not more than one-half of 1 percent for allotment

among Guam, American Samoa, the Virgin Islands, and the

Northern Mariana Islands according to their respective needs

for assistance under this part; and

‘‘(2) one-half of 1 percent for programs for Indian students

served by schools funded by the Secretary of the Interior which

are consistent with the purposes of this part.

‘‘(b) ALLOTMENT.— ‘‘(1) IN GENERAL.—The remainder of the amount so appropriated (after meeting requirements in subsection (a)) shall

be allotted among State educational agencies so that— ‘‘(A) one-half of such remainder shall be distributed

by allotting to each State educational agency an amount

which bears the same ratio to such one-half of such remainder as the number of children aged 5 to 17, inclusive,

in the State bears to the number of such children in all

States; and

‘‘(B) one-half of such remainder shall be distributed

according to each State’s share of allocations under part

A of title I.

‘‘(2) MINIMUM.—Except as provided in paragraph (3), no

State educational agency shall receive an allotment under this

subsection for any fiscal year in an amount that is—

‘‘(A) less than one-half of 1 percent of the amount

made available under this subsection for such fiscal year;

or

‘‘(B) less than the amount allotted to such State for

fiscal year 1988 under title II of the Education for Economic

Security Act.

‘‘(3) RATABLE REDUCTIONS.—(A) If the sums made available

under this part for any fiscal year are insufficient to pay

the full amounts that all State educational agencies are eligible

to receive under paragraph (2)(B) for such year, the Secretary
H. R. 6—151

shall ratably reduce the allotment to such agencies for such

year.

‘‘(B) If additional funds become available for making payments under paragraph (2)(B) for such fiscal year, allotments

that were reduced under subparagraph (A) shall be increased

on the same basis as such allotments were reduced.

‘‘(c) REALLOTMENT OF UNUSED FUNDS.—The amount of any

State educational agency’s allotment under subsection (b) for any

fiscal year to carry out this part which the Secretary determines

will not be required for that fiscal year to carry out this part

shall be available for reallotment from time to time, on such dates

during that year as the Secretary may determine, to other State

educational agencies in proportion to the original allotments to

those State educational agencies under subsection (b) for that year

but with such proportionate amount for any of those other State

educational agencies being reduced to the extent it exceeds the

sum the Secretary estimates that the State educational agency

needs and will be able to use for that year, and the total of

those reductions shall be similarly reallotted among the State educational agencies whose proportionate amounts were not so reduced.

Any amounts reallotted to a State educational agency under this

subsection during a year shall be deemed a part of the State

educational agency’s allotment under subsection (b) for that year.

‘‘(d) DEFINITION.—For the purposes of this part the term ‘State’

means each of the 50 States, the District of Columbia, and the

Commonwealth of Puerto Rico.

‘‘(e) DATA.—The number of children aged 5 to 17, inclusive,

in the State and in all States shall be determined by the Secretary

on the basis of the most recent satisfactory data available to the

Secretary.

‘‘SEC. 3505. STATE APPLICATION.

‘‘(a) APPLICATION.—Each State educational agency desiring to

receive an allotment under this part shall file an application with

the Secretary which covers a period of 5 fiscal years. Such application shall be filed at such time, in such manner, and containing

or accompanied by such information as the Secretary may reasonably require.

‘‘(b) CONTENTS OF APPLICATION.—Each application described

in subsection (a) shall—

‘‘(1) provide assurances that—

‘‘(A) the State educational agency shall use the allotment provided under this part to award grants to local

educational agencies within the State to enable such local

educational agencies to provide assistance to schools served

by such agency to carry out the purpose of this part;

‘‘(B) the State educational agency will provide such

fiscal control and funds accounting as the Secretary may

require;

‘‘(C) every public elementary school in the State is

eligible to receive assistance under this part once over

the 5-year duration of the program assisted under this

part;

‘‘(D) funds provided under this part will supplement,

not supplant, State and local funds made available for

activities authorized under this part;
H. R. 6—152

‘‘(E) during the 5-year period described in the application, the State educational agency will evaluate its standards and programs for teacher preparation and inservice

professional development for elementary mathematics and

science;

‘‘(F) the State educational agency will take into account

the needs for greater access to and participation in mathematics and science by students and teachers from historically underrepresented groups, including females,

minorities, individuals with limited English proficiency, the

economically disadvantaged, and individuals with disabilities; and

‘‘(G) that the needs of teachers and students in areas

with high concentrations of low-income students and

sparsely populated areas will be given priority in awarding

assistance under this part;

‘‘(2) provide, if appropriate, a description of how funds

paid under this part will be coordinated with State and local

funds and other Federal resources, particularly with respect

to programs for the professional development and inservice

training of elementary school teachers in science and mathematics; and

‘‘(3) describe procedures—

‘‘(A) for submitting applications for programs described

in section 3506 for distribution of assistance under this

part within the State; and

‘‘(B) for approval of applications by the State educational agency, including appropriate procedures to assure

that such agency will not disapprove an application without

notice and opportunity for a hearing.

‘‘(c) STATE ADMINISTRATION.—Not more than 5 percent of the

funds allotted to each State educational agency under this part

shall be used for the administrative costs of such agency associated

with carrying out the program assisted under this part.

‘‘SEC. 3506. LOCAL APPLICATION.

‘‘(a) APPLICATION.—A local educational agency that desires to

receive a grant under this part shall submit an application to

the State educational agency. Each such application shall contain

assurances that each school served by the local educational agency

shall be eligible for assistance under this part only once.

‘‘(b) CONTENTS OF APPLICATION.—Each application described

in subsection (a) shall—

‘‘(1) describe how the local educational agency plans to

set priorities on the use and distribution among schools of

grant funds received under this part to meet the purpose of

this part;

‘‘(2) include assurances that the local educational agency

has made every effort to match on a dollar-for-dollar basis

from private or public sources the funds received under this

part, except that no such application shall be penalized or

denied assistance under this part based on failure to provide

such matching funds;

‘‘(3) describe, if applicable, how funds under this part will

be coordinated with State, local, and other Federal resources,

especially with respect to programs for the professional develop-
H. R. 6—153

ment and inservice training of elementary school teachers in

science and mathematics; and

‘‘(4) describe the process which will be used to determine

different levels of assistance to be awarded to schools with

different needs.

‘‘(c) PRIORITY.—In awarding grants under this part, the State

educational agency shall give priority to applications that—

‘‘(1) assign highest priority to providing assistance to

schools which—

‘‘(A) are most seriously underequipped; or

‘‘(B) serve large numbers or percentages of economically disadvantaged students;

‘‘(2) are attentive to the needs of underrepresented groups

in science and mathematics;

‘‘(3) demonstrate how science and mathematics equipment

will be part of a comprehensive plan of curriculum planning

or implementation and teacher training supporting hands-on

laboratory activities; and

‘‘(4) assign priority to providing equipment and materials

for students in grades 1 through 6.

‘‘SEC. 3507. PROGRAM REQUIREMENTS.

‘‘(a) COORDINATION.—Each State educational agency receiving

an allotment under this part shall—

‘‘(1) disseminate information to school districts and schools,

including private nonprofit elementary schools, regarding the

program assisted under this part;

‘‘(2) evaluate applications of local educational agencies;

‘‘(3) award grants to local educational agencies based on the priorities described in section 3506(c); and

‘‘(4) evaluate local educational agencies’ end-of-year summaries and submit such evaluation to the Secretary.

‘‘(b) LIMITATIONS ON USE OF FUNDS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

grant funds and matching funds under this part only shall

be used to purchase science equipment, science materials, or

mathematical manipulative materials and shall not be used

for computers, computer peripherals, software, textbooks, or

staff development costs.

‘‘(2) CAPITAL IMPROVEMENTS.—Grant funds under this part

may not be used for capital improvements. Not more than

50 percent of any matching funds provided by the local educational agency may be used for capital improvements of classroom science facilities to support the hands-on instruction that

this part is intended to support, such as the installation of

electrical outlets, plumbing, lab tables or counters, or ventilation mechanisms.

‘‘SEC. 3508. FEDERAL ADMINISTRATION.

‘‘(a) TECHNICAL ASSISTANCE AND EVALUATION PROCEDURES.—

The Secretary shall provide technical assistance and, in consultation

with State and local representatives of the program assisted under

this part, shall develop procedures for State and local evaluations

of the programs assisted under this part.

‘‘(b) REPORT.—The Secretary shall report to the Congress each

year on the program assisted under this part in accordance with

section 10701.
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‘‘SEC. 3509. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated $30,000,000 for fiscal

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

four succeeding fiscal years, to carry out this part.

‘‘PART F—ELEMENTARY AND SECONDARY

SCHOOL LIBRARY MEDIA RESOURCES PROGRAM

‘‘SEC. 3601. PROGRAM AUTHORIZED.

‘‘The Secretary shall award grants or make allocations in

accordance with section 3602 for the acquisition of school library

media resources for the use of students, library media specialists,

and teachers in elementary and secondary schools in accordance

with this part.

‘‘SEC. 3602. ALLOCATION TO STATES.

‘‘(a) From the amount appropriated pursuant to section 3605

in each fiscal year, the Secretary shall award funds to each State

having an approved plan under section 3603 as follows:

‘‘(1) AMOUNTS BELOW $50,000,000.—If the amount made

available under subsection (a) for a fiscal year is less than

$50,000,000, then the Secretary shall award grants to States,

on a competitive basis, taking into account such factors as

age and condition of existing school library media collections

and the relative economic need of the students to be served.

‘‘(2) AMOUNTS EQUAL TO OR EXCEEDING $50,000,000.—If the

amount made available under subsection (a) for a fiscal year

equals or exceeds $50,000,000, then the Secretary shall allocate

to each State an amount which bears the same relationship

to such amount as the amount such State received under title

II for such year bears to the amount all States received under

such title for such year.

‘‘SEC. 3603. STATE PLANS.

‘‘(a) IN GENERAL.—In order for a State to receive a grant

or an allocation of funds under this part for any fiscal year, such

State shall have in effect for such fiscal year a State plan. Such

plan shall—

‘‘(1) designate the State educational agency as the State

agency responsible for the administration of the program

assisted under this part;

‘‘(2) set forth a program under which funds paid to the

State in accordance with section 3602 will be expended solely

for—

‘‘(A) acquisition of school library media resources,

including books and foreign language resources, for the

use of students, school library media specialists, and teachers in elementary and secondary schools in the United

States; and

‘‘(B) administration of the State plan, including development and revision of standards, relating to school library

media resources, except that the amount used for administration of the State plan in any fiscal year shall not exceed

three percent of the amount available to such State under

section 3602 for such fiscal year; and
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‘‘(3) set forth criteria to be used in allotting funds for

school library media resources among the local educational

agencies of the State, which allotment shall take into consideration the relative need of the students, school media specialists,

and teachers to be served.

‘‘(b) PLAN SUBMISSION.—The State plan may be submitted as

part of a consolidated application under section 14302.

‘‘SEC. 3604. DISTRIBUTION OF ALLOCATION TO LOCAL EDUCATIONAL

AGENCIES.

‘‘From the funds allocated to a State under section 3602(2)

in each fiscal year, such State shall distribute not less than 97

percent of such funds in such year to local educational agencies

within such State according to the relative enrollment of students

in elementary and secondary schools within the school districts

of such State, adjusted to provide higher per pupil allotments to

local educational agencies that have the greatest number or percentages of students whose education imposes a higher than average

cost per child, such as those students—

‘‘(1) living in areas with high concentrations of low-income

families;

‘‘(2) from low-income families; and

‘‘(3) living in sparsely populated areas.

‘‘SEC. 3605. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

part $200,000,000 for fiscal year 1995 and such sums as may

be necessary for each of the four succeeding fiscal years.

‘‘TITLE IV—SAFE AND DRUG-FREE

SCHOOLS AND COMMUNITIES

‘‘SEC. 4001. SHORT TITLE.

‘‘This title may be cited as the ‘Safe and Drug-Free Schools

and Communities Act of 1994’.

‘‘SEC. 4002. FINDINGS.

‘‘The Congress finds as follows: ‘‘(1) The seventh National Education Goal provides that

by the year 2000, all schools in America will be free of drugs

and violence and the unauthorized presence of firearms and

alcohol, and offer a disciplined environment that is conducive

to learning. ‘‘(2) The widespread illegal use of alcohol and other drugs

among the Nation’s secondary school students, and increasingly

by students in elementary schools as well, constitutes a grave

threat to such students’ physical and mental well-being, and

significantly impedes the learning process. For example, data

show that students who drink tend to receive lower grades

and are more likely to miss school because of illness than

students who do not drink.

‘‘(3) Our Nation’s schools and communities are increasingly

plagued by violence and crime. Approximately 3,000,000 thefts

and violent crimes occur in or near our Nation’s schools every

year, the equivalent of more than 16,000 incidents per school

day.
H. R. 6—156

‘‘(4) Violence that is linked to prejudice and intolerance

victimizes entire communities leading to more violence and

discrimination.

‘‘(5) The tragic consequences of violence and the illegal

use of alcohol and drugs by students are felt not only by

students and such students’ families, but by such students’

communities and the Nation, which can ill afford to lose such

students’ skills, talents, and vitality.

‘‘(6) While use of illegal drugs is a serious problem among

a minority of teenagers, alcohol use is far more widespread.

The proportion of high school students using alcohol, though

lower than a decade ago, remains unacceptably high. By the

8th grade, 70 percent of youth report having tried alcohol

and by the 12th grade, about 88 percent have used alcohol.

Alcohol use by young people can and does have adverse consequences for users, their families, communities, schools, and

colleges.

‘‘(7) Alcohol and tobacco are widely used by young people.

Such use can, and does, have adverse consequences for young

people, their families, communities, schools, and colleges. Drug

prevention programs for youth that address only controlled

drugs send an erroneous message that alcohol and tobacco

do not present significant problems, or that society is willing

to overlook their use. To be credible, messages opposing illegal

drug use by youth should address alcohol and tobacco as well.

‘‘(8) Every day approximately 3,000 children start smoking.

Thirty percent of all secondary school seniors are smokers.

Half of all new smokers begin smoking before the age of 14,

90 percent of such smokers begin before the age of 21, and

the average age of the first use of smokeless tobacco is under

the age of 10. Use of tobacco products has been linked to

serious health problems. Drug education and prevention programs that include tobacco have been effective in reducing

teenage use of tobacco. ‘‘(9) Drug and violence prevention programs are essential

components of a comprehensive strategy to promote school

safety and to reduce the demand for and use of drugs throughout the Nation. Schools and local organizations in communities

throughout the Nation have a special responsibility to work

together to combat the growing epidemic of violence and illegal

drug use and should measure the success of their programs

against clearly defined goals and objectives. ‘‘(10) Students must take greater responsibility for their

own well-being, health, and safety if schools and communities

are to achieve the goals of providing a safe, disciplined, and

drug-free learning environment.

‘‘SEC. 4003. PURPOSE.

‘‘The purpose of this title is to support programs to meet the

seventh National Education Goal by preventing violence in and

around schools and by strengthening programs that prevent the

illegal use of alcohol, tobacco, and drugs, involve parents, and

are coordinated with related Federal, State, and community efforts

and resources, through the provision of Federal assistance to—

‘‘(1) States for grants to local educational agencies and

educational service agencies and consortia of such agencies

to establish, operate, and improve local programs of school
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drug and violence prevention, early intervention, rehabilitation

referral, and education in elementary and secondary schools

(including intermediate and junior high schools);

‘‘(2) States for grants to, and contracts with, communitybased organizations and other public and private nonprofit

agencies and organizations for programs of drug and violence

prevention, early intervention, rehabilitation referral, and education;

‘‘(3) States for development, training, technical assistance,

and coordination activities;

‘‘(4) public and private nonprofit organizations to conduct

training, demonstrations, and evaluation, and to provide

supplementary services for the prevention of drug use and

violence among students and youth; and

‘‘(5) institutions of higher education to establish, operate,

expand, and improve programs of school drug and violence

prevention, education, and rehabilitation referral for students

enrolled in colleges and universities.

‘‘SEC. 4004. FUNDING.

‘‘There are authorized to be appropriated—

‘‘(1) $630,000,000 for fiscal year 1995, and such sums as

may be necessary for each of the four succeeding fiscal years,

for State grants under subpart 1; and

‘‘(2) $25,000,000 for fiscal year 1995, and such sums as

may be necessary for each of the four succeeding fiscal years,

for national programs under subpart 2.

‘‘PART A—STATE GRANTS FOR DRUG AND

VIOLENCE PREVENTION PROGRAMS

‘‘Subpart 1—State Grants for Drug and Violence

Prevention Programs

‘‘SEC. 4011. RESERVATIONS AND ALLOTMENTS.

‘‘(a) RESERVATIONS.—From the amount made available under

section 4004(a) to carry out this subpart for each fiscal year, the

Secretary—‘‘(1) shall reserve 1 percent of such amount for grants

under this subpart to Guam, American Samoa, the Virgin

Islands, and the Commonwealth of the Northern Mariana

Islands, to be allotted in accordance with the Secretary’s determination of their respective needs;

‘‘(2) shall reserve 1 percent of such amount for the Secretary

of the Interior to carry out programs under this part for Indian

youth;

‘‘(3) may reserve not more than $1,000,000 for the national

impact evaluation required by section 4117(a); and

‘‘(4) shall reserve 0.2 percent of such amount for programs

for Native Hawaiians under section 4118.

‘‘(b) STATE ALLOTMENTS.—

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

the Secretary shall, for each fiscal year, allocate among the

States—

‘‘(A) one-half of the remainder not reserved under subsection (a) according to the ratio between the school-aged
H. R. 6—158

population of each State and the school-aged population

of all the States; and

‘‘(B) one-half of such remainder according to the ratio

between the amount each State received under part A

of title I for the preceding year (or, for fiscal year 1995

only, sections 1005 and 1006 of this Act as such sections

were in existence on the day preceding the date of enactment of the Improving America’s Schools Act of 1994) and

the sum of such amounts received by all the States.

‘‘(2) MINIMUM.—For any fiscal year, no State shall be allotted under this subsection an amount that is less than onehalf of 1 percent of the total amount allotted to all the States

under this subsection.

‘‘(3) REALLOTMENT.—The Secretary may reallot any amount

of any allotment to a State if the Secretary determines that

the State will be unable to use such amount within two years

of such allotment. Such reallotments shall be made on the

same basis as allotments are made under paragraph (1).

‘‘(4) DEFINITIONS.—For the purpose of this subsection—

‘‘(A) the term ‘State’ means each of the 50 States,

the District of Columbia, and the Commonwealth of Puerto

Rico; and

‘‘(B) the term ‘local educational agency’ includes educational service agencies and consortia of such agencies.

‘‘SEC. 4112. STATE APPLICATIONS.

‘‘(a) IN GENERAL.—In order to receive an allotment under section 4111 for any fiscal year, a State shall submit to the Secretary,

at such time as the Secretary may require, an application that— ‘‘(1) describes how funds under this subpart will be coordinated with programs under this Act, the Goals 2000: Educate

America Act, and other Acts, as appropriate, in accordance

with the provisions of section 14306;

‘‘(2) contains the results of the State’s needs assessment

for drug and violence prevention programs, which shall be

based on the results of on-going State evaluation activities,

including data on the prevalence of drug use and violence

by youth in schools and communities; ‘‘(3) contains assurances that the sections of the application

concerning the funds provided to the chief executive officer

and the State educational agency were developed separately

by such officer or agency, respectively, but in consultation and

coordination with appropriate State officials and others, including the chief State school officer, the chief executive officer,

the head of the State alcohol and drug abuse agency, the

heads of the State health and mental health agencies, the

head of the State criminal justice planning agency, the head

of the State child welfare agency, the head of the State board

of education, or their designees, and representatives of parents,

students, and community-based organizations;

‘‘(4) contains an assurance that the State will cooperate

with, and assist, the Secretary in conducting a national impact

evaluation of programs required by section 4117(a); and

‘‘(5) includes any other information the Secretary may

require.

‘‘(b) STATE EDUCATIONAL AGENCY FUNDS.—A State’s application

under this section shall also contain a comprehensive plan for
H. R. 6—159

the use of funds under section 4113(a) by the State educational

agency that includes—

‘‘(1) a statement of the State educational agency’s measurable goals and objectives for drug and violence prevention and

a description of the procedures such agency will use for assessing and publicly reporting progress toward meeting those goals

and objectives;

‘‘(2) a plan for monitoring the implementation of, and

providing technical assistance regarding, the drug and violence

prevention programs conducted by local educational agencies

in accordance with section 4116;

‘‘(3) a description of how the State educational agency

will use funds under section 4113(b);

‘‘(4) a description of how the State educational agency

will coordinate such agency’s activities under this subpart with

the chief executive officer’s drug and violence prevention programs under this subpart and with the prevention efforts of

other State agencies;

‘‘(5) an explanation of the criteria the State educational

agency will use to identify which local educational agencies

receive supplemental funds under section 4113(d)(2)(A)(ii) and

how the supplemental funds will be allocated among such local

educational agencies; and

‘‘(6) a description of the procedures the State educational

agency will use to review applications from local educational

agencies under section 4115.

‘‘(c) GOVERNOR’S FUNDS.—A State’s application under this section shall also contain a comprehensive plan for the use of funds

under section 4114(a) by the chief executive officer that includes— ‘‘(1) a statement of the chief executive officer’s measurable

goals and objectives for drug and violence prevention and a

description of the procedures to be used for assessing and

publicly reporting progress toward meeting such goals and

objectives; ‘‘(2) a description of how the chief executive officer will

coordinate such officer’s activities under this part with the

State educational agency and other State agencies and

organizations involved with drug and violence prevention

efforts;

‘‘(3) a description of how funds reserved under section

4114(a) will be used so as not to duplicate the efforts of the

State educational agency and local educational agencies with

regard to the provision of school-based prevention efforts and

services and how those funds will be used to serve populations

not normally served by the State educational agency, such

as school dropouts and youth in detention centers;

‘‘(4) a description of how the chief executive officer will

award funds under section 4114(a) and a plan for monitoring

the performance of, and providing technical assistance to, recipients of such funds;

‘‘(5) a description of the special outreach activities that

will be carried out to maximize the participation of communitybased organizations of demonstrated effectiveness which provide services in low-income communities; and

‘‘(6) a description of how funds will be used to support

community-wide comprehensive drug and violence prevention

planning.
H. R. 6—160

‘‘(d) PEER REVIEW.—The Secretary shall use a peer review

process in reviewing State applications under this section.

‘‘(e) INTERIM APPLICATION.—Notwithstanding any other provisions of this section, a State may submit for fiscal year 1995

a one-year interim application and plan for the use of funds under

this subpart that are consistent with the requirements of this

section and contain such information as the Secretary may specify

in regulations. The purpose of such interim application and plan

shall be to afford the State the opportunity to fully develop and

review such State’s application and comprehensive plan otherwise

required by this section. A State may not receive a grant under

this subpart for a fiscal year subsequent to fiscal year 1995 unless

the Secretary has approved such State’s application and comprehensive plan in accordance with this subpart.

‘‘SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.

‘‘(a) USE OF FUNDS.—

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

an amount equal to 80 percent of the total amount allocated

to a State under section 4111 for each fiscal year shall be

used by the State educational agency and its local educational

agencies for drug and violence prevention activities in accordance with this section.

‘‘(2) EXCEPTION.—(A) If a State has, on or before January

1, 1994, established an independent State agency for the purpose of administering all of the funds described in section

5121 of this Act (as such section was in effect on the day

preceding the date of the enactment of the Improving America’s

Schools Act of 1994), then—

‘‘(i) an amount equal to 80 percent of the total amount

allocated to such State under section 4111 for each fiscal

year shall be used by the State educational agency and

its local educational agencies for drug and violence prevention activities in accordance with this section; and

‘‘(ii) an amount equal to 20 percent of such total

amount shall be used by such independent State agency

for drug and violence prevention activities in accordance

with this section.

‘‘(B) Not more than 5 percent of the amount reserved

under subparagraph (A)(ii) may be used for administrative

costs of the independent State agency incurred in carrying

out the activities described in such subparagraph.

‘‘(C) For purposes of this paragraph, the term ‘independent

State agency’ means an independent agency with a board of

directors or a cabinet level agency whose chief executive officer

is appointed by the chief executive officer of the State and

confirmed with the advice and consent of the senate of such

State.

‘‘(b) STATE LEVEL PROGRAMS.—

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

not more than 5 percent of the amount available under subsection (a) for activities such as—

‘‘(A) training and technical assistance concerning drug

and violence prevention for local educational agencies and

educational service agencies, including teachers, administrators, coaches and athletic directors, other staff, parents,
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students, community leaders, health service providers, local

law enforcement officials, and judicial officials;

‘‘(B) the development, identification, dissemination, and

evaluation of the most readily available, accurate, and upto-date curriculum materials (including videotapes, software, and other technology-based learning resources), for

consideration by local educational agencies;

‘‘(C) making available to local educational agencies cost

effective programs for youth violence and drug abuse

prevention;

‘‘(D) demonstration projects in drug and violence

prevention;

‘‘(E) training, technical assistance, and demonstration

projects to address violence associated with prejudice and

intolerance;

‘‘(F) financial assistance to enhance resources available

for drug and violence prevention in areas serving large

numbers of economically disadvantaged children or

sparsely populated areas, or to meet other special needs

consistent with the purposes of this subpart; and

‘‘(G) the evaluation of activities carried out within the

State under this part.

‘‘(2) SPECIAL RULE.—A State educational agency may carry

out activities under this subsection directly, or through grants

or contracts.

‘‘(c) STATE ADMINISTRATION.—A State educational agency may

use not more than 4 percent of the amount reserved under subsection (a) for the administrative costs of carrying out its responsibilities under this part.

‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.— ‘‘(1) IN GENERAL.—A State educational agency shall distribute not less than 91 percent of the amount made available

under subsection (a) for each fiscal year to local educational

agencies in accordance with this subsection. ‘‘(2) DISTRIBUTION.—(A) Of the amount distributed under

paragraph (1), a State educational agency shall distribute— ‘‘(i) 70 percent of such amount to local educational

agencies, based on the relative enrollments in public and

private nonprofit elementary and secondary schools within

the boundaries of such agencies; and ‘‘(ii) 30 percent of such amount to local educational

agencies that the State educational agency determines have

the greatest need for additional funds to carry out drug

and violence prevention programs authorized by this subpart.

‘‘(B) Where appropriate and to the extent consistent with

the needs assessment conducted by the State, not less than

25 percent of the amount distributed under subparagraph (A)(ii)

for a fiscal year shall be distributed to local educational agencies

located in rural and urban areas.

‘‘(C)(i) A State educational agency shall distribute funds

under subparagraph (A)(ii) to not more than 10 percent of

the local educational agencies in the State, or five such agencies,

whichever is greater.

‘‘(ii) In determining which local educational agencies have

the greatest need for additional funds, the State educational

agency shall consider objective data such as—
H. R. 6—162

‘‘(I) high rates of alcohol or drug use among youth;

‘‘(II) high rates of victimization of youth by violence

and crime;

‘‘(III) high rates of arrests and convictions of youth

for violent or drug- or alcohol-related crime;

‘‘(IV) the extent of illegal gang activity;

‘‘(V) high incidence of violence associated with prejudice

and intolerance;

‘‘(VI) high rates of referrals of youths to drug and

alcohol abuse treatment and rehabilitation programs;

‘‘(VII) high rates of referrals of youths to juvenile court;

‘‘(VIII) high rates of expulsions and suspensions of

students from schools; and

‘‘(IX) high rates of reported cases of child abuse and

domestic violence.

‘‘(e) REALLOCATION OF FUNDS.—If a local educational agency

chooses not to apply to receive the amount allocated to such agency

under subsection (d), or if such agency’s application under section

4115 is disapproved by the State educational agency, the State

educational agency shall reallocate such amount to one or more

of the local educational agencies determined by the State educational agency under subsection (d)(2)(C)(ii) to have the greatest

need for additional funds.

‘‘(f) RETURN OF FUNDS TO STATE EDUCATIONAL AGENCY;

REALLOCATION.—

‘‘(1) RETURN.—Except as provided in paragraph (2), upon

the expiration of the 1-year period beginning on the date that

a local educational agency or educational service agency under

this title receives its allocation under this title—

‘‘(A) such agency shall return to the State educational

agency any funds from such allocation that remain unobligated; and ‘‘(B) the State educational agency shall reallocate any

such amount to local educational agencies or educational

service agencies that have plans for using such amount

for programs or activities on a timely basis.

‘‘(2) REALLOCATION.—In any fiscal year, a local educational

agency, may retain for obligation in the succeeding fiscal year— ‘‘(A) an amount equal to not more than 25 percent

of the allocation it receives under this title for such fiscal

year; or ‘‘(B) upon a demonstration of good cause by such agency

or consortium, a greater amount approved by the State

educational agency.

‘‘SEC. 4114. GOVERNOR’S PROGRAMS.

‘‘(a) USE OF FUNDS.—

‘‘(1) IN GENERAL.—An amount equal to 20 percent of the

total amount allocated to a State under section 4111(1) for

each fiscal year shall be used by the chief executive officer

of such State for drug and violence prevention programs and

activities in accordance with this section.

‘‘(2) LAW ENFORCEMENT EDUCATION PARTNERSHIPS.—A chief

executive officer shall use not less than 10 percent of the

20 percent of the total amount described in paragraph (1)

for each fiscal year for law enforcement education partnerships

in accordance with subsection (d).
H. R. 6—163

‘‘(3) ADMINISTRATIVE COSTS.—A chief executive officer may

use not more than 5 percent of the 20 percent of the total

amount described in paragraph (1) for the administrative costs

incurred in carrying out the duties of such officer under this

section.

‘‘(b) PROGRAMS AUTHORIZED.—

‘‘(1) IN GENERAL.—A chief executive officer shall use funds

made available under subsection (a)(1) for grants to or contracts

with parent groups, community action and job training agencies, community-based organizations, and other public entities

and private nonprofit organizations and consortia thereof. In

making such grants and contracts, a chief executive officer

shall give priority to programs and activities described in subsection (c) for—

‘‘(A) children and youth who are not normally served

by State or local educational agencies; or

‘‘(B) populations that need special services or additional

resources (such as preschoolers, youth in juvenile detention

facilities, runaway or homeless children and youth, pregnant and parenting teenagers, and school dropouts).

‘‘(2) PEER REVIEW.—Grants or contracts awarded under

this subsection shall be subject to a peer review process.

‘‘(c) AUTHORIZED ACTIVITIES.—Grants and contracts under subsection (b) shall be used for programs and activities such as—

‘‘(1) disseminating information about drug and violence

prevention;

‘‘(2) training parents, law enforcement officials, judicial

officials, social service providers, health service providers and

community leaders about drug and violence prevention, comprehensive health education, early intervention, pupil services,

or rehabilitation referral;

‘‘(3) developing and implementing comprehensive, community-based drug and violence prevention programs that link

community resources with schools and integrate services involving education, vocational and job skills training and placement,

law enforcement, health, mental health, community service,

mentoring, and other appropriate services; ‘‘(4) planning and implementing drug and violence prevention activities that coordinate the efforts of State agencies with

efforts of the State educational agency and its local educational

agencies; ‘‘(5) activities to protect students traveling to and from

school;

‘‘(6) before-and-after school recreational, instructional, cultural, and artistic programs that encourage drug- and violencefree lifestyles;

‘‘(7) activities that promote the awareness of and sensitivity

to alternatives to violence through courses of study that include

related issues of intolerance and hatred in history;

‘‘(8) developing and implementing activities to prevent and

reduce violence associated with prejudice and intolerance;

‘‘(9) developing and implementing strategies to prevent

illegal gang activity;

‘‘(10) coordinating and conducting community-wide violence

and safety assessments and surveys;

‘‘(11) service-learning projects that encourage drug- and

violence-free lifestyles; and
H. R. 6—164

‘‘(12) evaluating programs and activities assisted under

this section.

‘‘(d) LAW ENFORCEMENT EDUCATION PARTNERSHIPS.—A chief

executive officer shall use funds under subsection (a)(2) to award

grants to State, county or local law enforcement agencies (including

district attorneys) in consortium with local educational agencies

or community-based agencies for the purposes of carrying out drug

abuse and violence prevention activities, such as—

‘‘(1) Project Drug Abuse Resistance Education and other

programs which provide classroom instruction by uniformed

law enforcement officials that is designed to teach students

to recognize and resist pressures to experiment that influence

such children to use controlled substances or alcohol;

‘‘(2) Project Legal Lives and other programs in which district attorneys provide classroom instruction in the law and

legal system which emphasizes interactive learning techniques,

such as mock trial competitions;

‘‘(3) partnerships between law enforcement and child guidance professionals; and

‘‘(4) before- and after-school activities.

‘‘SEC. 4115. LOCAL APPLICATIONS.

‘‘(a) APPLICATION REQUIRED.—

‘‘(1) IN GENERAL.—In order to be eligible to receive a distribution under section 4113(d) for any fiscal year, a local

educational agency shall submit, at such time as the State

educational agency requires, an application to the State educational agency for approval. Such an application shall be

amended, as necessary, to reflect changes in the local educational agency’s program.

‘‘(2) DEVELOPMENT.—(A) A local educational agency shall

develop its application under subsection (a)(1) in consultation

with a local or substate regional advisory council that includes,

to the extent possible, representatives of local government,

business, parents, students, teachers, pupil services personnel,

appropriate State agencies, private schools, the medical profession, law enforcement, community-based organizations, and

other groups with interest and expertise in drug and violence

prevention.

‘‘(B) In addition to assisting the local educational agency

to develop an application under this section, the advisory

council established or designated under subparagraph (A) shall,

on an ongoing basis—

‘‘(i) disseminate information about drug and violence

prevention programs, projects, and activities conducted

within the boundaries of the local educational agency;

‘‘(ii) advise the local educational agency regarding—

‘‘(I) how best to coordinate such agency’s activities

under this subpart with other related programs,

projects, and activities; and

‘‘(II) the agencies that administer such programs,

projects, and activities; and

‘‘(iii) review program evaluations and other relevant

material and make recommendations to the local educational agency on how to improve such agency’s drug

and violence prevention programs.
H. R. 6—165

‘‘(b) CONTENTS OF APPLICATIONS.—An application under this

section shall contain—

‘‘(1) an objective analysis of the current use (and consequences of such use) of alcohol, tobacco, and controlled, illegal,

addictive or harmful substances as well as the violence, safety,

and discipline problems among students who attend the schools

of the applicant (including private school students who participate in the applicant’s drug and violence prevention program)

that is based on ongoing local assessment or evaluation activities;

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

comprehensive plan for drug and violence prevention, which

shall include a description of—

‘‘(A) how the plan will be coordinated with programs

under this Act, the Goals 2000: Educate America Act, and

other Acts, as appropriate, in accordance with the provisions of section 14306;

‘‘(B) the local educational agency’s measurable goals

for drug and violence prevention, and a description of how

such agency will assess and publicly report progress toward

attaining these goals;

‘‘(C) how the local educational agency will use its distribution under this subpart;

‘‘(D) how the local educational agency will coordinate

such agency’s programs and projects with community-wide

efforts to achieve such agency’s goals for drug and violence

prevention; and

‘‘(E) how the local educational agency will coordinate

such agency’s programs and projects with other Federal,

State, and local programs for drug-abuse prevention,

including health programs; and

‘‘(3) such other information and assurances as the State

educational agency may reasonably require.

‘‘(c) REVIEW OF APPLICATION.— ‘‘(1) IN GENERAL.—In reviewing local applications under

this section, a State educational agency shall use a peer review

process or other methods of assuring the quality of such applications.

‘‘(2) CONSIDERATIONS.—(A) In determining whether to

approve the application of a local educational agency under

this section, a State educational agency shall consider the quality of the local educational agency’s comprehensive plan under

subsection (b)(2) and the extent to which such plan is coordinated with programs under this Act, the Goals 2000: Educate

America Act, in accordance with the provisions of section 14306.

‘‘(B) A State educational agency may disapprove a local

educational agency application under this section in whole or

in part and may withhold, limit, or place restrictions on the

use of funds allotted to such a local educational agency in

a manner the State educational agency determines will best

promote the purposes of this part, except that a local educational agency shall be afforded an opportunity to appeal

any such disapproval.

‘‘SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.

‘‘(a) PROGRAM REQUIREMENTS.—A local educational agency shall

use funds received under this subpart to adopt and carry out
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a comprehensive drug and violence prevention program which

shall—

‘‘(1) be designed, for all students and employees, to—

‘‘(A) prevent the use, possession, and distribution of

tobacco, alcohol, and illegal drugs by students and to prevent the illegal use, possession, and distribution of such

substances by employees;

‘‘(B) prevent violence and promote school safety; and

‘‘(C) create a disciplined environment conducive to

learning; and

‘‘(2) include activities to promote the involvement of parents

and coordination with community groups and agencies, including the distribution of information about the local educational

agency’s needs, goals, and programs under this subpart.

‘‘(b) AUTHORIZED ACTIVITIES.—A comprehensive drug and

violence prevention program carried out under this subpart may

include—

‘‘(1) age-appropriate, developmentally based drug prevention and education programs for all students, from the preschool

level through grade 12, that address the legal, social, personal

and health consequences of the use of illegal drugs, promote

a sense of individual responsibility, and provide information

about effective techniques for resisting peer pressure to use

illegal drugs;

‘‘(2) programs of drug prevention, comprehensive health

education, early intervention, pupil services, mentoring, or

rehabilitation referral, which emphasize students’ sense of

individual responsibility and which may include—

‘‘(A) the dissemination of information about drug

prevention;

‘‘(B) the professional development of school personnel,

parents, students, law enforcement officials, judicial officials, health service providers and community leaders in

prevention, education, early intervention, pupil services or

rehabilitation referral; and

‘‘(C) the implementation of strategies, including strategies to integrate the delivery of services from a variety

of providers, to combat illegal alcohol, tobacco and drug

use, such as—

‘‘(i) family counseling;

‘‘(ii) early intervention activities that prevent family dysfunction, enhance school performance, and boost

attachment to school and family; and

‘‘(iii) activities, such as community service and

service-learning projects, that are designed to increase

students’ sense of community;

‘‘(3) age-appropriate, developmentally based violence

prevention and education programs for all students, from the

preschool level through grade 12, that address the legal, health,

personal, and social consequences of violent and disruptive

behavior, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, and that

include activities designed to help students develop a sense

of individual responsibility and respect for the rights of others,

and to resolve conflicts without violence;
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‘‘(4) violence prevention programs for school-aged youth,

which emphasize students’ sense of individual responsibility

and may include—

‘‘(A) the dissemination of information about school

safety and discipline;

‘‘(B) the professional development of school personnel,

parents, students, law enforcement officials, judicial officials, and community leaders in designing and implementing strategies to prevent school violence;

‘‘(C) the implementation of strategies, such as conflict

resolution and peer mediation, student outreach efforts

against violence, anti-crime youth councils (which work

with school and community-based organizations to discuss

and develop crime prevention strategies), and the use of

mentoring programs, to combat school violence and other

forms of disruptive behavior, such as sexual harassment

and abuse; and

‘‘(D) the development and implementation of character

education programs, as a component of a comprehensive

drug or violence prevention program, that are tailored by

communities, parents and schools; and

‘‘(E) comprehensive, community-wide strategies to prevent or reduce illegal gang activities;

‘‘(5) supporting ‘safe zones of passage’ for students between

home and school through such measures as Drug- and WeaponFree School Zones, enhanced law enforcement, and neighborhood patrols;

‘‘(6) acquiring and installing metal detectors and hiring

security personnel; ‘‘(7) professional development for teachers and other staff

and curricula that promote the awareness of and sensitivity

to alternatives to violence through courses of study that include

related issues of intolerance and hatred in history; ‘‘(8) the promotion of before-and-after school recreational,

instructional, cultural, and artistic programs in supervised

community settings; ‘‘(9) drug abuse resistance education programs, designed

to teach students to recognize and resist pressures to use

alcohol or other drugs, which may include activities such as

classroom instruction by uniformed law enforcement officers,

resistance techniques, resistance to peer pressure and gang

pressure, and provision for parental involvement; and

‘‘(10) the evaluation of any of the activities authorized

under this subsection.

‘‘(c) LIMITATIONS.—

‘‘(1) IN GENERAL.—Not more than 20 percent of the funds

made available to a local educational agency under this subpart

may be used to carry out the activities described in paragraphs

(5) and (6) of subsection (b).

‘‘(2) SPECIAL RULE.—A local educational agency shall only

be able to use funds received under this subpart for activities

described in paragraphs (5) and (6) of subsection (b) if funding

for such activities is not received from other Federal agencies.

‘‘(d) ADMINISTRATIVE PROVISIONS.—Notwithstanding any other

provisions of law, any funds expended prior to July 1, 1995, under

part B of the Drug-Free Schools and Communities Act of 1986

(as in effect prior to enactment of the Improving America’s Schools
H. R. 6—168

Act) for the support of a comprehensive school health program

shall be deemed to have been authorized by part B of such Act.

‘‘SEC. 4117. EVALUATION AND REPORTING.

‘‘(a) NATIONAL IMPACT EVALUATION.— ‘‘(1) BIENNIAL EVALUATION.—The Secretary, in consultation with the Secretary of Health and Human Services, the Director

of the Office of National Drug Control Policy, and the Attorney

General, shall conduct an independent biennial evaluation of

the national impact of programs assisted under this subpart

and of other recent and new initiatives to combat violence

in schools and submit a report of the findings of such evaluation

to the President and the Congress. ‘‘(2) DATA COLLECTION.—(A) The National Center for Education Statistics shall collect data to determine the frequency,

seriousness, and incidence of violence in elementary and secondary schools in the States. The Secretary shall collect the data

using, wherever appropriate, data submitted by the States

pursuant to subsection (b)(2)(B). ‘‘(B) Not later than January 1, 1998, the Secretary shall submit to the Congress a report on the data collected under

this subsection, together with such recommendations as the

Secretary determines appropriate, including estimated costs for

implementing any recommendation.

‘‘(b) STATE REPORT.— ‘‘(1) IN GENERAL.—By October 1, 1997, and every third year thereafter, the chief executive officer of the State, in

cooperation with the State educational agency, shall submit

to the Secretary a report— ‘‘(A) on the implementation and outcomes of State pro- grams under section 4114 and section 4113(b) and local

educational agency programs under section 4113(d), as well

as an assessment of their effectiveness; and

‘‘(B) on the State’s progress toward attaining its goals for drug and violence prevention under subsections (b)(1)

and (c)(1) of section 4112.

‘‘(2) SPECIAL RULE.—The report required by this subsection shall be—

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

‘‘(B) based on the State’s ongoing evaluation activities, and shall include data on the prevalence of drug use and

violence by youth in schools and communities; and ‘‘(C) made readily available to the public. ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each local educational agency receiving funds under this subpart shall submit

to the State educational agency such information, and at such

intervals, that the State requires to complete the State report

required by subsection (b), including information on the prevalence

of drug use and violence by youth in the schools and the community.

Such information shall be made readily available to the public.

‘‘SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.

‘‘(a) GENERAL AUTHORITY.—From the funds made available

pursuant to section 4111(a)(4) to carry out this section, the Secretary shall make grants to or enter into cooperative agreements

or contracts with organizations primarily serving and representing

Native Hawaiians which are recognized by the Governor of the

State of Hawaii to plan, conduct, and administer programs, or
H. R. 6—169

portions thereof, which are authorized by and consistent with the

provisions of this title for the benefit of Native Hawaiians.

‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the purposes of

this section, the term ‘Native Hawaiian’ means any individual any

of whose ancestors were natives, prior to 1778, of the area which

now comprises the State of Hawaii.

‘‘Subpart 2—National Programs

‘‘SEC. 4121. FEDERAL ACTIVITIES.

‘‘(a) PROGRAM AUTHORIZED.—From funds made available to

carry out this subpart under section 4004(2), the Secretary, in

consultation with the Secretary of Health and Human Services,

the Director of the Office of National Drug Control Policy, the

Chair of the Ounce of Prevention Council, and the Attorney General,

shall carry out programs to prevent the illegal use of drugs and

violence among, and promote safety and discipline for, students

at all educational levels from preschool through the postsecondary

level. The Secretary shall carry out such programs directly, or

through grants, contracts, or cooperative agreements with public

and private nonprofit organizations and individuals, or through

agreements with other Federal agencies, and shall coordinate such

programs with other appropriate Federal activities. Such programs

may include— ‘‘(1) the development and demonstration of innovative

strategies for training school personnel, parents, and members

of the community, including the demonstration of model

preservice training programs for prospective school personnel; ‘‘(2) demonstrations and rigorous evaluations of innovative

approaches to drug and violence prevention; ‘‘(3) the provision of information on drug abuse education

and prevention to the Secretary of Health and Human Services

for dissemination by the clearinghouse for alcohol and drug

abuse information established under section 501(d)(16) of the

Public Health Service Act;

‘‘(4) the development of curricula related to child abuse

prevention and education and the training of personnel to teach

child abuse education and prevention to elementary and secondary schoolchildren; ‘‘(5) program evaluations in accordance with section 14701

that address issues not addressed under section 4117(a);

‘‘(6) direct services to schools and school systems afflicted

with especially severe drug and violence problems;

‘‘(7) activities in communities designated as empowerment

zones or enterprise communities that will connect schools to

community-wide efforts to reduce drug and violence problems;

‘‘(8) developing and disseminating drug and violence

prevention materials, including video-based projects and model

curricula;

‘‘(9) developing and implementing a comprehensive violence

prevention strategy for schools and communities, that may

include conflict resolution, peer mediation, the teaching of law

and legal concepts, and other activities designed to stop

violence;

‘‘(10) the implementation of innovative activities, such as

community service projects, designed to rebuild safe and
H. R. 6—170

healthy neighborhoods and increase students’ sense of individual responsibility;

‘‘(11) grants to noncommercial telecommunications entities

for the production and distribution of national video-based

projects that provide young people with models for conflict

resolution and responsible decisionmaking;

‘‘(12) the development of education and training programs,

curricula, instructional materials, and professional training and

development for preventing and reducing the incidence of

crimes and conflicts motivated by hate in localities most directly

affected by hate crimes; and

‘‘(13) other activities that meet unmet national needs

related to the purposes of this title.

‘‘(b) PEER REVIEW.—The Secretary shall use a peer review

process in reviewing applications for funds under this section.

‘‘SEC. 4122. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.

‘‘(a) IN GENERAL.—From funds made available to carry out

this subpart under section 4004(2), the Secretary is authorized

to make grants to, or enter into contracts with, institutions of

higher education, or consortia of such institutions, for drug and

violence prevention programs under this section. Awards under

this section shall support the development, implementation, validation, and dissemination of—

‘‘(1) model programs and strategies to promote the safety

of students attending institutions of higher education by

preventing violent behavior and the illegal use of alcohol and

other drugs by such students; and ‘‘(2) such model programs and strategies shall be coordi- nated with the report required under section 204(a)(4)(B) of

the Student Right-to-Know and Campus Security Act on policies, procedures and practices which have proven effective in

the reduction of campus crime.

‘‘(b) APPLICATIONS.—An institution of higher education, or

consortium of such institutions, that desires to receive an award

under this section shall submit an application to the Secretary

at such time, in such manner, and containing such information

as the Secretary may reasonably require. The Secretary shall use

a peer review process for reviewing applications for funds under

this section.

‘‘(c) EQUITABLE PARTICIPATION.—The Secretary shall make

every reasonable effort to ensure the equitable participation in

the activities assisted under this section of private and public

institutions of higher education (including community and junior

colleges), institutions of limited enrollment, and institutions in different geographic regions.

‘‘SEC. 4123. HATE CRIME PREVENTION.

‘‘(a) GRANT AUTHORIZATION.—From funds made available to

carry out this subpart under section 4004(1) the Secretary may

make grants to local educational agencies and community-based

organizations for the purpose of providing assistance to localities

most directly affected by hate crimes.

‘‘(b) USE OF FUNDS.—

‘‘(1) PROGRAM DEVELOPMENT.—Grants under this section

may be used to improve elementary and secondary educational

efforts, including—
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‘‘(A) development of education and training programs

designed to prevent and to reduce the incidence of crimes

and conflicts motivated by hate;

‘‘(B) development of curricula for the purpose of improving conflict or dispute resolution skills of students, teachers,

and administrators;

‘‘(C) development and acquisition of equipment and

instructional materials to meet the needs of, or otherwise

be part of, hate crime or conflict programs; and

‘‘(D) professional training and development for teachers

and administrators on the causes, effects, and resolutions

of hate crimes or hate-based conflicts.

‘‘(2) IN GENERAL.—In order to be eligible to receive a grant

under this section for any fiscal year, a local educational agency,

or a local educational agency in conjunction with a communitybased organization, shall submit an application to the Secretary

in such form and containing such information as the office

may reasonably require.

‘‘(3) REQUIREMENTS.—Each application under paragraph (2)

shall include—

‘‘(A) a request for funds for the purposes described

in this section;

‘‘(B) a description of the schools and communities to

be served by the grants; and

‘‘(C) assurances that Federal funds received under this

section shall be used to supplement, not supplant, nonFederal funds.

‘‘(4) COMPREHENSIVE PLAN.—Each application shall include

a comprehensive plan that contains—

‘‘(A) a description of the hate crime or conflict problems

within the schools or the community targeted for assistance;

‘‘(B) a description of the program to be developed or

augmented by such Federal and matching funds;

‘‘(C) assurances that such program or activity shall

be administered by or under the supervision of the

applicant;

‘‘(D) proper and efficient administration of such program; and

‘‘(E) fiscal control and fund accounting procedures as

may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under

this section.

‘‘(c) AWARD OF GRANTS.—

‘‘(1) SELECTION OF RECIPIENTS.—The Secretary shall consider the incidence of crimes and conflicts motivated by bias

in the targeted schools and communities in awarding grants

under this section.

‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Secretary shall

attempt, to the extent practicable, to achieve an equitable

geographic distribution of grant awards.

‘‘(3) DISSEMINATION OF INFORMATION.—The Secretary shall

attempt, to the extent practicable, to make available information regarding successful hate crime prevention programs,

including programs established or expanded with grants under

this section.
H. R. 6—172

‘‘(d) REPORTS.—The Secretary shall submit to the Congress

a report every two years which shall contain a detailed statement

regarding grants and awards, activities of grant recipients, and

an evaluation of programs established under this section.

‘‘Subpart 3—General Provisions

‘‘SEC. 4131. DEFINITIONS.

‘‘For the purposes of this part:

‘‘(1) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a private nonprofit organization

which is representative of a community or significant segments

of a community and which provides educational or related

services to individuals in the community. ‘‘(2) DRUG AND VIOLENCE PREVENTION.—The term ‘drug and

violence prevention’ means—

‘‘(A) with respect to drugs, prevention, early intervention, rehabilitation referral, or education related to the

illegal use of alcohol and the use of controlled, illegal,

addictive, or harmful substances, including inhalants and

anabolic steroids;

‘‘(B) prevention, early intervention, smoking cessation

activities, or education, related to the use of tobacco by

children and youth eligible for services under this title;

and

‘‘(C) with respect to violence, the promotion of school

safety, such that students and school personnel are free

from violent and disruptive acts, including sexual harassment and abuse, and victimization associated with prejudice and intolerance, on school premises, going to and

from school, and at school-sponsored activities, through

the creation and maintenance of a school environment that

is free of weapons and fosters individual responsibility

and respect for the rights of others.

‘‘(3) HATE CRIME.—The term ‘hate crime’ means a crime

as described in section 1(b) of the Hate Crime Statistics Act

of 1990.

‘‘(4) NONPROFIT.—The term ‘nonprofit’, as applied to a

school, agency, organization, or institution means a school,

agency, organization, or institution owned and operated by

one or more nonprofit corporations or associations, no part

of the net earnings of which inures, or may lawfully inure,

to the benefit of any private shareholder or individual. ‘‘(5) SCHOOL-AGED POPULATION.—The term ‘school-aged

population’ means the population aged five through 17, as

determined by the Secretary on the basis of the most recent

satisfactory data available from the Department of Commerce. ‘‘(6) SCHOOL PERSONNEL.—The term ‘school personnel’

includes teachers, administrators, guidance counselors, social

workers, psychologists, nurses, librarians, and other support

staff who are employed by a school or who perform services

for the school on a contractual basis.

‘‘SEC. 4132. MATERIALS.

‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug prevention programs supported under this part shall convey a clear and consistent
H. R. 6—173

message that the illegal use of alcohol and other drugs is wrong

and harmful.

‘‘(b) CURRICULUM.—The Secretary shall not prescribe the use of specific curricula for programs supported under this part, but

may evaluate the effectiveness of such curricula and other strategies

in drug and violence prevention.

‘‘SEC. 4133. PROHIBITED USES OF FUNDS.

‘‘No funds under this part may be used for— ‘‘(1) construction (except for minor remodeling needed to accomplish the purposes of this part); and ‘‘(2) medical services, drug treatment or rehabilitation, except for pupil services or referral to treatment for students

who are victims of or witnesses to crime or who use alcohol,

tobacco, or drugs.’’.

‘‘TITLE V—PROMOTING EQUITY

‘‘PART A—MAGNET SCHOOLS ASSISTANCE

‘‘SEC. 5101. FINDINGS.

‘‘The Congress finds that— ‘‘(1) magnet schools are a significant part of our Nation’s effort to achieve voluntary desegregation in our Nation’s

schools;

‘‘(2) the use of magnet schools has increased dramatically since the date of enactment of the Magnet Schools Assistance

program, with approximately 1,400,000 students nationwide

now attending such schools, of which more than 60 percent

of the students are nonwhite;

‘‘(3) magnet schools offer a wide range of distinctive pro- grams that have served as models for school improvement

efforts;

‘‘(4) in administering the Magnet Schools Assistance pro- gram, the Federal Government has learned that— ‘‘(A) where magnet programs are implemented for only a portion of a school’s student body, special efforts must

be made to discourage the isolation of—

‘‘(i) magnet school students from other students

in the school; and

‘‘(ii) students by racial characteristics;

‘‘(B) local educational agencies can maximize their

effectiveness in achieving the purposes of the Magnet

Schools Assistance program if such agencies have more

flexibility in the administration of such program in order

to serve students attending a school who are not enrolled

in the magnet school program;

‘‘(C) local educational agencies must be creative in

designing magnet schools for students at all academic levels, so that school districts do not skim off only the highest

achieving students to attend the magnet schools;

‘‘(D) consistent with desegregation guidelines, local

educational agencies must seek to enable participation in

magnet school programs by students who reside in the

neighborhoods where the programs operate; and ‘‘(E) in order to ensure that magnet schools are sustained after Federal funding ends, the Federal Government
H. R. 6—174

must assist school districts to improve their capacity to

continue to operate magnet schools at a high level of

performance; and

‘‘(5) it is in the best interest of the Federal Government

to—

‘‘(A) continue the Federal Government’s support of

school districts implementing court-ordered desegregation

plans and school districts seeking to foster meaningful

interaction among students of different racial and ethnic

backgrounds, beginning at the earliest stage of such students’ education;

‘‘(B) ensure that all students have equitable access

to quality education that will prepare such students to

function well in a culturally diverse, technologically oriented, and highly competitive, global community; and

‘‘(C) maximize the ability of local educational agencies

to plan, develop, implement and continue effective and

innovative magnet schools that contribute to State and

local systemic reform.

‘‘SEC. 5102. STATEMENT OF PURPOSE.

‘‘The purpose of this part is to assist in the desegregation

of schools served by local educational agencies by providing financial

assistance to eligible local educational agencies for—

‘‘(1) the elimination, reduction, or prevention of minority

group isolation in elementary and secondary schools with

substantial proportions of minority students;

‘‘(2) the development and implementation of magnet school

projects that will assist local educational agencies in achieving

systemic reforms and providing all students the opportunity

to meet challenging State content standards and challenging

State student performance standards;

‘‘(3) the development and design of innovative educational

methods and practices; and

‘‘(4) courses of instruction within magnet schools that will

substantially strengthen the knowledge of academic subjects

and the grasp of tangible and marketable vocational skills

of students attending such schools.

‘‘SEC. 5103. PROGRAM AUTHORIZED.

‘‘The Secretary, in accordance with this part, is authorized

to make grants to eligible local educational agencies, and consortia

of such agencies where appropriate, to carry out the purpose of

this part for magnet schools that are—

‘‘(1) part of an approved desegregation plan; and

‘‘(2) designed to bring students from different social, economic, ethnic, and racial backgrounds together.

‘‘SEC. 5104. DEFINITION.

‘‘For the purpose of this part, the term ‘magnet school’ means

a public elementary or secondary school or public elementary or

secondary education center that offers a special curriculum capable

of attracting substantial numbers of students of different racial

backgrounds.
H. R. 6—175

‘‘SEC. 5105. ELIGIBILITY.

‘‘A local educational agency, or consortium of such agencies

where appropriate, is eligible to receive assistance under this part

to carry out the purposes of this part if such agency or consortium— ‘‘(1) is implementing a plan undertaken pursuant to a

final order issued by a court of the United States, or a court

of any State, or any other State agency or official of competent

jurisdiction, that requires the desegregation of minority-groupsegregated children or faculty in the elementary and secondary

schools of such agency; or ‘‘(2) without having been required to do so, has adopted

and is implementing, or will, if assistance is made available

to such local educational agency or consortium of such agencies

under this part, adopt and implement a plan that has been

approved by the Secretary as adequate under title VI of the

Civil Rights Act of 1964 for the desegregation of minoritygroup-segregated children or faculty in such schools.

‘‘SEC. 5106. APPLICATIONS AND REQUIREMENTS.

‘‘(a) APPLICATIONS.—An eligible local educational agency or

consortium of such agencies desiring to receive assistance under

this part shall submit an application to the Secretary at such

time, in such manner, and containing such information and assurances as the Secretary may reasonably require.

‘‘(b) INFORMATION AND ASSURANCES.—Each such application

shall include—

‘‘(1) a description of—

‘‘(A) how assistance made available under this part

will be used to promote desegregation, including how the

proposed magnet school project will increase interaction

among students of different social, economic, ethnic, and

racial backgrounds; ‘‘(B) the manner and extent to which the magnet school

project will increase student achievement in the instructional area or areas offered by the school; ‘‘(C) how an applicant will continue the magnet school

project after assistance under this part is no longer available, including, if applicable, an explanation of why magnet

schools established or supported by the applicant with

funds under this part cannot be continued without the

use of funds under this part;

‘‘(D) how funds under this part will be used to implement services and activities that are consistent with other

programs under this Act, the Goals 2000: Educate America

Act, and other Acts, as appropriate, in accordance with

the provisions of section 14306; and

‘‘(E) the criteria to be used in selecting students to

attend the proposed magnet school projects; and

‘‘(2) assurances that the applicant will—

‘‘(A) use funds under this part for the purposes specified in section 5102;

‘‘(B) employ State certified or licensed teachers in the

courses of instruction assisted under this part to teach

or supervise others who are teaching the subject matter

of the courses of instruction;

‘‘(C) not engage in discrimination based on race, religion, color, national origin, sex, or disability in—
H. R. 6—176

‘‘(i) the hiring, promotion, or assignment of employees of the agency or other personnel for whom the

agency has any administrative responsibility;

‘‘(ii) the assignment of students to schools, or to

courses of instruction within the school, of such agency,

except to carry out the approved plan; and

‘‘(iii) designing or operating extracurricular activities for students;

‘‘(D) carry out a high-quality education program that

will encourage greater parental decisionmaking and

involvement; and

‘‘(E) give students residing in the local attendance area

of the proposed magnet school projects equitable consideration for placement in those projects.

‘‘(c) SPECIAL RULE.—No application may be approved under

this section unless the Assistant Secretary of Education for Civil

Rights determines that the assurances described in subsection

(b)(2)(C) will be met.

‘‘SEC. 5107. PRIORITY.

‘‘In approving applications under this part, the Secretary shall

give priority to applicants that—

‘‘(1) demonstrate the greatest need for assistance, based

on the expense or difficulty of effectively carrying out an

approved desegregation plan and the projects for which assistance is sought;

‘‘(2) propose to carry out new magnet school projects, or

significantly revise existing magnet school projects; ‘‘(3) propose to select students to attend magnet school

projects by methods such as lottery, rather than through academic examination;

‘‘(4) propose to implement innovative educational

approaches that are consistent with the State’s and local educational agency’s approved systemic reform plans, if any, under

title III of the Goals 2000: Educate America Act; and

‘‘(5) propose to draw on comprehensive community involvement plans.

‘‘SEC. 5108. USE OF FUNDS.

‘‘(a) IN GENERAL.—Grant funds made available under this part

may be used by an eligible local educational agency or consortium

of such agencies— ‘‘(1) for planning and promotional activities directly related

to the development, expansion, continuation, or enhancement

of academic programs and services offered at magnet schools;

‘‘(2) for the acquisition of books, materials, and equipment,

including computers and the maintenance and operation

thereof, necessary for the conduct of programs in magnet

schools;

‘‘(3) for the payment, or subsidization of the compensation,

of elementary and secondary school teachers who are certified

or licensed by the State, and instructional staff where

applicable, who are necessary for the conduct of programs in

magnet schools; and

‘‘(4) with respect to a magnet school program offered to

less than the entire student population of a school, for instructional activities that—
H. R. 6—177

‘‘(A) are designed to make available the special curricu- lum that is offered by the magnet school project to students

who are enrolled in the school but who are not enrolled

in the magnet school program; and ‘‘(B) further the purposes of this part. ‘‘(b) SPECIAL RULE.—Grant funds under this part may be used in accordance with paragraphs (2) and (3) of subsection (a) only

if the activities described in such paragraphs are directly related

to improving the students’ reading skills or knowledge of mathematics, science, history, geography, English, foreign languages, art,

or music, or to improving vocational skills.

‘‘SEC. 5109. PROHIBITIONS.

‘‘(a) TRANSPORTATION.—Grants under this part may not be used for transportation or any activity that does not augment academic

improvement. ‘‘(b) PLANNING.—A local educational agency shall not expend funds under this part after the third year that such agency receives

funds under this part for such project.

‘‘SEC. 5110. LIMITATIONS.

‘‘(a) DURATION OF AWARDS.—A grant under this part shall

be awarded for a period that shall not exceed three fiscal years.

‘‘(b) LIMITATION ON PLANNING FUNDS.—A local educational

agency may expend for planning not more than 50 percent of

the funds received under this part for the first year of the project,

15 percent of such funds for the second such year, and 10 percent

of such funds for the third such year.

‘‘(c) AMOUNT.—No local educational agency or consortium

awarded a grant under this part shall receive more than $4,000,000

under this part in any one fiscal year.

‘‘(d) TIMING.—To the extent practicable, the Secretary shall

award grants for any fiscal year under this part not later than

June 1 of the applicable fiscal year.

‘‘SEC. 5111. INNOVATIVE PROGRAMS.

‘‘(a) IN GENERAL.—From amounts reserved under subsection

(d) for each fiscal year, the Secretary shall award grants to local

educational agencies or consortia of such agencies described in

section 5105 to enable such agencies or consortia to conduct innovative programs that—

‘‘(1) carry out the purpose of this part; and

‘‘(2) involve strategies other than magnet schools, such

as neighborhood or community model schools—

‘‘(A) organized around a special emphasis, theme or

concept; and

‘‘(B) involving extensive parent and community involvement.

‘‘(b) APPLICABILITY.—Sections 5103, 5106, 5107, and 5108, shall

not apply to grants awarded under subsection (a). ‘‘(c) APPLICATIONS.—Each local educational agency or consortia

of such agencies desiring a grant under this section shall submit

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

and containing such information and assurances as the Secretary

may reasonably require.

‘‘(d) INNOVATIVE PROGRAMS.—The Secretary shall reserve not

more than 5 percent of the funds appropriated under section 5113(a)

for each fiscal year to award grants under this section.
H. R. 6—178

‘‘SEC. 5112. EVALUATIONS.

‘‘(a) RESERVATION.—The Secretary may reserve not more than two percent of the funds appropriated under section 5113(a) for

any fiscal year to carry out evaluations of projects assisted under

this part.

‘‘(b) CONTENTS.—Each evaluation described in subsection (a),

at a minimum, shall address—

‘‘(1) how and the extent to which magnet school programs

lead to educational quality and improvement; ‘‘(2) the extent to which magnet school programs enhance

student access to quality education; ‘‘(3) the extent to which magnet school programs lead to

the elimination, reduction, or prevention of minority group

isolation in elementary and secondary schools with substantial

proportions of minority students; and ‘‘(4) the extent to which magnet school programs differ

from other school programs in terms of the organizational

characteristics and resource allocations of such magnet school

programs.

‘‘SEC. 5113. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

‘‘(a) AUTHORIZATION.—For the purpose of carrying out this part,

there are authorized to be appropriated $120,000,000 for fiscal

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

4 succeeding fiscal years. ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGENCIES NOT

PREVIOUSLY ASSISTED.—In any fiscal year for which the amount appropriated pursuant to subsection (a) exceeds $75,000,000, the

Secretary shall give priority to using such amounts in excess of

$75,000,000 to award grants to local educational agencies or consortia of such agencies that did not receive a grant under this part

in the preceding fiscal year.

‘‘PART B—WOMEN’S EDUCATIONAL EQUITY

‘‘SEC. 5201. SHORT TITLE; FINDINGS.

‘‘(a) SHORT TITLE.—This part may be cited as the ‘Women’s

Educational Equity Act of 1994’. ‘‘(b) FINDINGS.—The Congress finds that— ‘‘(1) since the enactment of title IX of the Education Amendments of 1972, women and girls have made strides in educational achievement and in their ability to avail themselves

of educational opportunities;

‘‘(2) because of funding provided under the Women’s Educational Equity Act, more curricula, training, and other educational materials concerning educational equity for women

and girls are available for national dissemination;

‘‘(3) teaching and learning practices in the United States

are frequently inequitable as such practices relate to women

and girls, for example—

‘‘(A) sexual harassment, particularly that experienced

by girls, undermines the ability of schools to provide a

safe and equitable learning or workplace environment;

‘‘(B) classroom textbooks and other educational materials do not sufficiently reflect the experiences, achievements, or concerns of women and, in most cases, are not

written by women or persons of color;
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‘‘(C) girls do not take as many mathematics and science courses as boys, girls lose confidence in their mathematics

and science ability as girls move through adolescence, and

there are few women role models in the sciences; and

‘‘(D) pregnant and parenting teenagers are at high risk for dropping out of school and existing dropout prevention programs do not adequately address the needs of such

teenagers;

‘‘(4) efforts to improve the quality of public education also must include efforts to ensure equal access to quality education

programs for all women and girls; ‘‘(5) Federal support should address not only research and development of innovative model curricula and teaching and

learning strategies to promote gender equity, but should also

assist schools and local communities implement gender equitable practices; ‘‘(6) Federal assistance for gender equity must be tied to systemic reform, involve collaborative efforts to implement

effective gender practices at the local level, and encourage

parental participation; and ‘‘(7) excellence in education, high educational achievements and standards, and the full participation of women and girls

in American society, cannot be achieved without educational

equity for women and girls.

‘‘SEC. 5202. STATEMENT OF PURPOSES.

‘‘It is the purpose of this part— ‘‘(1) to promote gender equity in education in the United

States;

‘‘(2) to provide financial assistance to enable educational

agencies and institutions to meet the requirements of title

IX of the Educational Amendments of 1972; and

‘‘(3) to promote equity in education for women and girls who suffer from multiple forms of discrimination based on

sex, race, ethnic origin, limited-English proficiency, disability,

or age.

‘‘SEC. 5203. PROGRAMS AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary is authorized— ‘‘(1) to promote, coordinate, and evaluate gender equity policies, programs, activities and initiatives in all Federal education programs and offices; ‘‘(2) to develop, maintain, and disseminate materials,

resources, analyses, and research relating to education equity

for women and girls; ‘‘(3) to provide information and technical assistance to

assure the effective implementation of gender equity programs; ‘‘(4) to coordinate gender equity programs and activities with other Federal agencies with jurisdiction over education

and related programs;

‘‘(5) to assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying research

priorities related to education equity for women and girls; and

‘‘(6) to perform any other activities consistent with achieving the purposes of this part.

‘‘(b) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to make

grants to, and enter into contracts and cooperative agreements
H. R. 6—180

with, public agencies, private nonprofit agencies, organizations,

institutions, student groups, community groups, and individuals, for a period not to exceed four years, to—

‘‘(A) provide grants to develop model equity programs;

and

‘‘(B) provide funds for the implementation of equity

programs in schools throughout the Nation.

‘‘(2) SUPPORT AND TECHNICAL ASSISTANCE.—To achieve the

purposes of this part, the Secretary is authorized to provide

support and technical assistance—

‘‘(A) to implement effective gender-equity policies and

programs at all educational levels, including—

‘‘(i) assisting educational agencies and institutions

to implement policies and practices to comply with

title IX of the Education Amendments of 1972;

‘‘(ii) training for teachers, counselors, administrators, and other school personnel, especially preschool

and elementary school personnel, in gender equitable

teaching and learning practices;

‘‘(iii) leadership training for women and girls to

develop professional and marketable skills to compete

in the global marketplace, improve self-esteem, and

benefit from exposure to positive role models;

‘‘(iv) school-to-work transition programs, guidance

and counseling activities, and other programs to

increase opportunities for women and girls to enter

a technologically demanding workplace and, in particular, to enter highly skilled, high paying careers in

which women and girls have been underrepresented; ‘‘(v) enhancing educational and career opportunities for those women and girls who suffer multiple

forms of discrimination, based on sex and on race,

ethnic origin, limited-English proficiency, disability,

socioeconomic status, or age; ‘‘(vi) assisting pregnant students and students

rearing children to remain in or to return to secondary

school, graduate, and prepare their preschool children

to start school;

‘‘(vii) evaluating exemplary model programs to

assess the ability of such programs to advance educational equity for women and girls; ‘‘(viii) introduction into the classroom of textbooks,

curricula, and other materials designed to achieve

equity for women and girls; ‘‘(ix) programs and policies to address sexual

harassment and violence against women and girls and

to ensure that educational institutions are free from

threats to the safety of students and personnel;

‘‘(x) nondiscriminatory tests of aptitude and

achievement and of alternative assessments that eliminate biased assessment instruments from use;

‘‘(xi) programs to increase educational opportunities, including higher education, vocational training,

and other educational programs for low-income women,

including underemployed and unemployed women, and

women receiving Aid to Families with Dependent Children benefits;
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‘‘(xii) programs to improve representation of

women in educational administration at all levels; and

‘‘(xiii) planning, development and initial

implementation of—

‘‘(I) comprehensive institution- or districtwide

evaluation to assess the presence or absence of

gender equity in educational settings;

‘‘(II) comprehensive plans for implementation

of equity programs in State and local educational

agencies and institutions of higher education;

including community colleges; and

‘‘(III) innovative approaches to school-community partnerships for educational equity.

‘‘(B) for research and development, which shall be

coordinated with each of the research institutes of the

Office of Educational Research and Improvement to avoid

duplication of research efforts, designed to advance gender

equity nationwide and to help make policies and practices

in educational agencies and institutions, and local communities, gender equitable, including—

‘‘(i) research and development of innovative strategies and model training programs for teachers and

other education personnel;

‘‘(ii) the development of high quality and challenging assessment instruments that are nondiscriminatory;

‘‘(iii) the development and evaluation of model

curricula, textbooks, software, and other educational

materials to ensure the absence of gender stereotyping

and bias;

‘‘(iv) the development of instruments and procedures that employ new and innovative strategies to

assess whether diverse educational settings are gender

equitable;

‘‘(v) the development of instruments and strategies

for evaluation, dissemination, and replication of

promising or exemplary programs designed to assist

local educational agencies in integrating gender equity

in their educational policies and practices;

‘‘(vi) updating high quality educational materials

previously developed through awards made under this

part;

‘‘(vii) the development of policies and programs

to address and prevent sexual harassment and violence

to ensure that educational institutions are free from

threats to safety of students and personnel;

‘‘(viii) the development and improvement of programs and activities to increase opportunity for women,

including continuing educational activities, vocational

education, and programs for low-income women, including underemployed and unemployed women, and

women receiving Aid to Families with Dependent Children; and

‘‘(ix) the development of guidance and counseling

activities, including career education programs,

designed to ensure gender equity.
H. R. 6—182

‘‘SEC. 5204. APPLICATIONS.

‘‘An application under this part shall—

‘‘(1) set forth policies and procedures that will ensure a

comprehensive evaluation of the activities assisted under this

part, including an evaluation of the practices, policies, and

materials used by the applicant and an evaluation or estimate

of the continued significance of the work of the project following

completion of the award period;

‘‘(2) where appropriate, demonstrate how funds received

under this part will be used to promote the attainment of

one or more of the National Education Goals;

‘‘(3) demonstrate how the applicant will address perceptions

of gender roles based on cultural differences or stereotypes; ‘‘(4) where appropriate, describe how funds under this part

will be used in a manner that is consistent with programs

under the School-to-Work Opportunities Act of 1994;

‘‘(5) for applications for assistance under section 5203(b)(1),

demonstrate how the applicant will foster partnerships and,

where applicable, share resources with State educational agencies, local educational agencies, institutions of higher education,

community-based organizations (including organizations serving women), parent, teacher, and student groups, businesses

or other recipients of Federal educational funding which may

include State literacy resource centers; ‘‘(6) for applications for assistance under section 5203(b)(1),

demonstrate how parental involvement in the project will be

encouraged; and ‘‘(7) for applications for assistance under section 5203(b)(1),

describe plans for continuation of the activities assisted under

this part with local support following completion of the grant

period and termination of Federal support under this part.

‘‘SEC. 5205. CRITERIA AND PRIORITIES.

‘‘(a) CRITERIA AND PRIORITIES.— ‘‘(1) IN GENERAL.—The Secretary shall establish separate criteria and priorities for awards under paragraphs (1) and

(2) of section 5203(b) to ensure that funds under this part

are used for programs that most effectively will achieve the

purposes of this part.

‘‘(2) CRITERIA.—The criteria described in subsection (a) may

include the extent to which the activities assisted under this

part—

‘‘(A) address the needs of women and girls of color

and women and girls with disabilities; ‘‘(B) meet locally defined and documented educational

equity needs and priorities, including compliance with title

IX of the Education Amendments of 1972;

‘‘(C) are a significant component of a comprehensive

plan for educational equity and compliance with title IX

of the Education Amendments of 1972 in the particular

school district, institution of higher education, vocationaltechnical institution, or other educational agency or institution; and

‘‘(D) implement an institutional change strategy with

long-term impact that will continue as a central activity

of the applicant after the grant under this part has terminated.
H. R. 6—183

‘‘(b) PRIORITIES.—In approving applications under this part,

the Secretary may give special consideration to applications—

‘‘(1) submitted by applicants that have not received assistance under this part or under part C of title IX of this Act

(as such part was in effect on October 1, 1988);

‘‘(2) for projects that will contribute significantly to directly

improving teaching and learning practices in the local community; and

‘‘(3) for projects that will—

‘‘(A) provide for a comprehensive approach to enhancing gender equity in educational institutions and agencies;

‘‘(B) draw on a variety of resources, including the

resources of local educational agencies, community-based

organizations, institutions of higher education, and private

organizations;

‘‘(C) implement a strategy with long-term impact that

will continue as a central activity of the applicant after

the grant under this part has terminated;

‘‘(D) address issues of national significance that can

be duplicated; and

‘‘(E) address the educational needs of women and girls

who suffer multiple or compound discrimination based on

sex and on race, ethnic origin, disability, or age.

‘‘(c) SPECIAL RULE.—To the extent feasible, the Secretary shall

ensure that grants awarded under this part for each fiscal year

address—

‘‘(1) all levels of education, including preschool, elementary

and secondary education, higher education, vocational education, and adult education;

‘‘(2) all regions of the United States; and

‘‘(3) urban, rural, and suburban educational institutions.

‘‘(d) COORDINATION.—Research activities supported under this

part—

‘‘(1) shall be carried out in consultation with the Office

of Educational Research and Improvement to ensure that such

activities are coordinated with and enhance the research and

development activities supported by the Office; and ‘‘(2) may include collaborative research activities which

are jointly funded and carried out with the Office of Educational

Research and Improvement.

‘‘(e) LIMITATION.—Nothing in this part shall be construed as

prohibiting men and boys from participating in any programs or

activities assisted with funds under this part.

‘‘SEC. 5206. REPORT.

‘‘The Secretary, not later than January 1, 1999, shall submit

to the President and the Congress a report on the status of educational equity for girls and women in the Nation.

‘‘SEC. 5207. ADMINISTRATION.

‘‘(a) EVALUATION AND DISSEMINATION.—The Secretary shall

evaluate in accordance with section 14701, and disseminate, materials and programs developed under this part and shall report

to the Congress regarding such evaluation materials and programs

not later than January 1, 1998.

‘‘(b) PROGRAM OPERATIONS.—The Secretary shall ensure that

the activities assisted under this part are administered within
H. R. 6—184

the Department by a person who has recognized professional qualifications and experience in the field of gender equity education.

‘‘SEC. 5208. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this part, there are authorized

to be appropriated $5,000,000 for fiscal year 1995 and such sums

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

of which not less than two-thirds of the amount appropriated under

this section for each fiscal year shall be available to carry out

the activities described in section 5203(b)(1).

‘‘PART C—ASSISTANCE TO ADDRESS SCHOOL

DROPOUT PROBLEMS

‘‘SEC. 5301. SHORT TITLE.

‘‘This part may be cited as the ‘School Dropout Assistance

Act’.

‘‘SEC. 5302. PURPOSE.

‘‘The purpose of this part is to reduce the number of children

who do not complete their elementary and secondary education

by providing grants to local educational agencies to establish— ‘‘(1) effective programs to identify potential student dropouts, including pregnant and parenting teenagers, and prevent

such students from dropping out of school; ‘‘(2) effective programs to identify and encourage children

who have already dropped out to reenter school and complete

their elementary and secondary education; ‘‘(3) effective early intervention programs designed to identify at-risk students in elementary and secondary schools; and

‘‘(4) model systems for collecting and reporting information

to local school officials on the number, ages, sex, race or ethnicity, and grade levels of the children not completing their

elementary and secondary education and the reasons why such

children have dropped out of school.

‘‘SEC. 5303. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) ALLOTMENT TO CATEGORIES OF LOCAL EDUCATIONAL AGEN- CIES.—From the amount appropriated under section 5308 for any

fiscal year, the Secretary shall first reserve not more than

$2,000,000 for the purposes of evaluating programs carried out

with assistance under this part in accordance with section 14701.

From the remaining amount, the Secretary shall allot the following

percentages to each of the following categories of local educational

agencies:

‘‘(1) Local educational agencies administering schools with

a total enrollment of 100,000 or more elementary and secondary

school students shall be allotted 25 percent of such remaining

amount.

‘‘(2) Local educational agencies administering schools with

a total enrollment of at least 20,000 but less than 100,000

elementary and secondary school students shall be allotted

40 percent of such remaining amount.

‘‘(3) Local educational agencies administering schools with

a total enrollment of less than 20,000 elementary and secondary

school students shall be allotted 30 percent of such remaining

amount. Grants may be made under this paragraph to edu-
H. R. 6—185

cational service agencies and consortia of not more than 5

local educational agencies in any case in which the total enrollment of the largest such local educational agency is less than

20,000 elementary and secondary students. Such agencies and

consortia may also apply for assistance under this part in

conjunction with the State educational agency. Not less than

20 percent of funds available under this paragraph shall be

awarded to local educational agencies administering schools

with a total enrollment of less than 2,000 elementary and

secondary school students.

‘‘(4) Community-based organizations shall be allotted 5 percent of such remaining amount. Grants under this paragraph

shall be made after consultation between the community-based

organization and the local educational agency that is to benefit

from such a grant.

‘‘(b) SPECIAL CONSIDERATION.—

‘‘(1) IN GENERAL.—The Secretary shall give special consideration to awarding funds available for each category described

in paragraphs (1), (2), and (3) of subsection (a) to local educational agencies participating in an educational partnership.

‘‘(2) EDUCATIONAL PARTNERSHIPS.—For the purpose of this

part the term ‘educational partnerships’ means a partnership

between—

‘‘(A) a local educational agency; and

‘‘(B) a business concern or business organization,

community-based organization, nonprofit private organization, institution of higher education, State educational

agency, State or local public agency, private industry council (established under the Job Training Partnership Act),

museum, library, or educational television or broadcasting

station.

‘‘(c) AWARD OF GRANT.— ‘‘(1) IN GENERAL.—From the amount allotted for any fiscal

year to a category of local educational agencies under subsection

(a), the Secretary shall award as many grants as practicable

within each such category to local educational agencies and

educational partnerships whose applications have been

approved by the Secretary for such fiscal year under section

5304 and whose applications propose a program of sufficient

size, scope, and quality to be effective. ‘‘(2) ADDITIONAL FUNDS.—Any local educational agency or

educational partnership that has received a grant under this

part shall be eligible for additional funds as provided under

subsection (d).

‘‘(3) TERMS AND CONDITIONS.—Grants under this part shall

be made under such terms and conditions as the Secretary

shall prescribe.

‘‘(d) USE OF FUNDS WHEN NOT FULLY ALLOTTED TO CATEGORIES

UNDER SUBSECTION (a).—

‘‘(1) IN GENERAL.—Whenever the Secretary determines that

the full amount of the sums allotted under any category set

forth under subsection (a) will not be required for applications

of the local educational agencies in the case of categories

described in paragraphs (1), (2), or (3) of subsection (a), the

Secretary shall make the amount not so required available

to another category under subsection (a). In carrying out the

provisions of this subsection, the Secretary shall assure that
H. R. 6—186

the transfer of amounts from one category to another is made

to a category in which there is the greatest need for funds.

‘‘(2) PEER REVIEW.—In order to transfer funds under this

subsection, the Secretary shall use a peer review process to

determine that such excess funds are not needed to fund

projects in particular categories and shall prepare a list of

the categories in which funds were not fully expended and

the reasons therefor, and make such list available to local

educational agencies and educational partnerships upon

request. The Secretary may use the peer review process to

determine grant recipients of funds transferred in accordance

with this subsection.

‘‘(e) FEDERAL SHARE.—

‘‘(1) FEDERAL SHARE.—The Federal share of a grant under

this part may not exceed—

‘‘(A) 90 percent of the total cost of a project for the

first year for which the project receives assistance under

this part; and

‘‘(B) 75 percent of such cost in each such succeeding

fiscal year.

‘‘(2) REMAINING COSTS.—The remaining cost of a project

that receives assistance under this part may be paid from

any source other than funds made available under this part,

except that not more than 10 percent of the remaining cost

in any fiscal year may be provided from Federal sources other

than this part.

‘‘(3) NON-FEDERAL SHARE.—The share of payments from

sources other than funds made available under this part may

be in cash or in kind fairly evaluated, including plant, equipment or services.

‘‘SEC. 5404. APPLICATION.

‘‘(a) APPLICATION REQUIRED.—

‘‘(1) IN GENERAL.—A grant under this part may be made

only to a local educational agency or an educational partnership

which submits an application to the Secretary containing such

information as may be required by the Secretary by regulation.

‘‘(2) DURATION.—Each such application shall be for a threeyear period.

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

‘‘(1) provide documentation of—

‘‘(A) the number of children who were enrolled in the

schools to be served by the applicant for the five academic

years prior to the date application is made who have not

completed their elementary or secondary education and

who are classified as school dropouts; and

‘‘(B) the percentage that such number of children is

of the total school-age population in the applicant’s schools;

‘‘(2) include a plan for the development and implementation

of a school dropout information collection and reporting system

for documenting the extent and nature of the dropout problem,

which system shall collect and cross tabulate data, where feasible, by sex according to race or ethnicity and socioeconomic

status;

‘‘(3) include a plan for coordinated activities involving not

less than one secondary school and its feeder junior high or
H. R. 6—187

middle schools and elementary schools for local educational

agencies that have feeder systems;

‘‘(4) when applicable, describe how programs assisted under

this part will be coordinated with, and not duplicate, programs

assisted under title I;

‘‘(5) include a description of how the program assisted

under this part is consistent with the second National Education Goal, relating to school completion, and other Federal

programs as appropriate; and

‘‘(6) contain such other information as the Secretary considers necessary to determine the nature of the local needs, the

quality of the proposed project, and the capability of the

applicant to carry out the project.

‘‘(c) PRIORITY.—The Secretary shall, in approving applications

under this section, give priority to applications which—

‘‘(1) demonstrate the replication of successful programs conducted in other local educational agencies or the expansion

of successful programs within a local educational agency; and

‘‘(2) reflect very high numbers or very high percentages

of school dropouts in the schools of the applicant in each category described in section 5303(a).

‘‘(d) SPECIAL CONSIDERATION.—The Secretary shall give additional special consideration to applications that include—

‘‘(1) provisions which emphasize early intervention services

designed to identify at-risk students in elementary or early

secondary schools; and

‘‘(2) provisions for significant parental involvement.

‘‘(e) GRANTS FOR NEW GRANTEES.—In awarding grants under

this part the Secretary shall use only the priorities and special

considerations described in subsections (c) and (d).

‘‘(f) CONTINUATION OF ASSISTANCE.—For the two fiscal years

beginning after the date of enactment of the Improving America’s

Schools Act of 1994, the Secretary shall approve an application

under this section for a local educational agency which received

funding in fiscal year 1994 under the School Dropout Demonstration

Assistance Act of 1988 (20 U.S.C. 3241 et seq.) and which—

‘‘(1) satisfies the requirements of this section;

‘‘(2) qualifies for special consideration or priority under— ‘‘(A) section 5303(b); and

‘‘(B) subsections (c) and (d) of this section; and

‘‘(3) provides evidence that the program for which such

agency is seeking assistance is effective in— ‘‘(A) providing early intervention services to at-risk

students in elementary and secondary schools; ‘‘(B) identifying potential student dropouts; and

‘‘(C) preventing students from dropping out of school.

‘‘SEC. 5305. AUTHORIZED ACTIVITIES.

‘‘Grants under this part shall be used to carry out activities

and services described in applications approved under section 5304.

In addition, grants may be used for educational, occupational, and

basic skills testing services and activities, including—

‘‘(1) the establishment of systemwide or school-level policies, procedures, and plans for dropout prevention and school

reentry;

‘‘(2) the development and implementation of activities,

including extended day or summer programs, designed to
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address poor achievement, basic skills deficiencies, language

deficiencies, or course failures, in order to assist students at

risk of dropping out of school and students reentering school,

including youth returning to school from a correctional or other

facility operated for delinquent youth;

‘‘(3) the establishment or expansion of work-study, apprentice, or internship programs;

‘‘(4) the use of resources of the community, including

contracting with public or private entities or community-based

organizations of demonstrated performance, to provide services

to the grant recipient or the target population;

‘‘(5) the evaluation and revision of program placement of

students at risk;

‘‘(6) the evaluation of program effectiveness of dropout programs;

‘‘(7) the development and implementation of programs for

traditionally underserved groups of students;

‘‘(8) the implementation of activities which will improve

student motivation and the school learning environment;

‘‘(9) the provision of training for school personnel on strategies and techniques designed to—

‘‘(A) identify children at risk of dropping out of school;

‘‘(B) intervene in the instructional program for such

children with support and remedial services;

‘‘(C) develop realistic expectations for student performance; and

‘‘(D) improve student-staff interactions;

‘‘(10) the study of the relationship between drugs and school

dropouts and between youth gangs and school dropouts, and

the coordination of dropout prevention and reentry programs

with appropriate drug prevention and community organizations

for the prevention of youth gangs;

‘‘(11) the study of the relationship between disabling conditions and student dropouts;

‘‘(12) the study of the relationship between the dropout

rate for gifted and talented students compared to the dropout

rate for the general student enrollment;

‘‘(13) the use of educational telecommunications and broadcasting technologies and educational materials designed to

extend, motivate, and reinforce school, community, and home

dropout prevention and reentry activities;

‘‘(14) the development and implementation of efforts to

identify and address factors in a student’s decision to drop

out of school that are related to gender and family roles, including activities and services designed to meet the needs of pregnant and parenting teenagers;

‘‘(15) the provision of other educational, occupational and

testing services and activities which directly relate to the purpose of this part;

‘‘(16) activities which offer jobs and college admissions for

successful completion of the program for which assistance is

sought;

‘‘(17) summer employment programs;

‘‘(18) occupational training programs;

‘‘(19) career opportunity and skills counseling;

‘‘(20) job placement services;
H. R. 6—189

‘‘(21) the development of skill employment competency testing programs;

‘‘(22) special school staff training projects; and

‘‘(23) mentoring programs.

‘‘SEC. 5306. DISTRIBUTION OF ASSISTANCE; LIMITATION ON COSTS.

‘‘(a) DISTRIBUTION OF ASSISTANCE.—The Secretary shall ensure

that, to the extent practicable, in approving grant applications

under this part—

‘‘(1) grants are equitably distributed on a geographic basis

within each category set forth in section 5303(a);

‘‘(2) the amount of a grant to a local educational agency

or an educational partnership for a fiscal year is proportionate

to the extent and severity of the local school dropout problem;

‘‘(3) not less than 30 percent of the amount available for

grants in each fiscal year is used for activities relating to

school dropout prevention; and

‘‘(4) not less than 30 percent of the amount available for

grants in each fiscal year is used for activities relating to

persuading school dropouts to return to school and assisting

former school dropouts with specialized services once school

dropouts return to school.

‘‘(b) ADMINISTRATIVE COSTS.—Not more than five percent of

any grant made under this part may be used for administrative

costs.

‘‘SEC. 5307. REPORTS.

‘‘(a) ANNUAL REPORTS.—The Secretary shall submit to the Congress a report by January 1 of each year, beginning on January

1, 1995, which sets forth the progress of the Commissioner of

Education Statistics, established under section 403(b) of the

National Education Statistics Act of 1994, to implement a definition

and data collection process for school dropouts in elementary and

secondary schools, including statistical information for the number

and percentage of elementary and secondary school students by

gender, race, and ethnic origin who drop out of school each year,

including dropouts—

‘‘(1) throughout the Nation by rural and urban location

as defined by the Secretary; and

‘‘(2) in each of the individual States and the District of

Columbia.

‘‘(b) RECOMMENDATIONS.—The report under subsection (a) shall

also contain recommendations on ways in which the Federal Government, States and localities can further support the implementation

of an effective methodology to accurately measure school dropout

and retention rates on the national, State, and local levels.

‘‘SEC. 5308. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated $50,000,000 for fiscal

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

4 succeeding fiscal years, to carry out this part.
H. R. 6—190

‘‘TITLE VI—INNOVATIVE EDUCATION

PROGRAM STRATEGIES

‘‘SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.

‘‘(a) FINDINGS.—The Congress finds that chapter 2 of title I

of this Act (as such chapter was in effect on the day preceding

the date of enactment of the Improving America’s Schools Act

of 1994) has been successful in achieving the goals of increasing

local flexibility, reducing administrative burden, providing services

for private school students, encouraging innovation, and contributing to the improvement of elementary and secondary educational

programs.

‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of programs

under this title—

‘‘(1) to support local education reform efforts which are

consistent with and support statewide reform efforts under

Goals 2000: Educate America Act;

‘‘(2) to support State and local efforts to accomplish the

National Education Goals;

‘‘(3) to provide funding to enable State and local educational

agencies to implement promising educational reform programs;

‘‘(4) to provide a continuing source of innovation, and educational improvement, including support for library services

and instructional and media materials; and

‘‘(5) to meet the special educational needs of at risk and

high cost students.

‘‘(c) STATE AND LOCAL RESPONSIBILITY.—The basic responsibility for the administration of funds made available under this title

is within the State educational agencies, but it is the intent of

Congress that the responsibility be carried out with a minimum

of paperwork and that the responsibility for the design and

implementation of programs assisted under this title will be mainly

that of local educational agencies, school superintendents and principals, and classroom teachers and supporting personnel, because

such agencies and individuals have the most direct contact with

students and are most likely to be able to design programs to

meet the educational needs of students in their own school districts.

‘‘SEC. 6002. AUTHORIZATION OF APPROPRIATIONS; DURATION OF

ASSISTANCE.

‘‘(a) AUTHORIZATION.—To carry out the purposes of this title,

there are authorized to be appropriated $370,000,000 for fiscal

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

four succeeding fiscal years. ‘‘(b) DURATION OF ASSISTANCE.—During the period beginning

October 1, 1994, and ending September 30, 1999, the Secretary

shall, in accordance with the provisions of this title, make payments

to State educational agencies for the purpose of this title.

‘‘SEC. 6003. DEFINITION.

‘‘For the purposes of this title the term ‘effective schools programs’ means school-based programs that may encompass preschool

through secondary school levels and that have the objectives of

(1) promoting school-level planning, instructional improvement, and

staff development, (2) increasing the academic achievement levels

of all children and particularly educationally disadvantaged chil-
H. R. 6—191

dren, and (3) achieving as ongoing conditions in the school the

following factors identified through effective schools research as

distinguishing effective from ineffective schools:

‘‘(A) Strong and effective administrative and instructional

leadership that creates consensus on instructional goals and

organizational capacity for instructional problem solving.

‘‘(B) Emphasis on the acquisition of basic and higher order

skills.

‘‘(C) A safe and orderly school environment that allows

teachers and pupils to focus their energies on academic achievement.

‘‘(D) A climate of expectation that virtually all children

can learn under appropriate conditions.

‘‘(E) Continuous assessment of students and programs to

evaluate the effects of instruction.

‘‘PART A—STATE AND LOCAL PROGRAMS

‘‘SEC. 6101. ALLOTMENT TO STATES.

‘‘(a) RESERVATIONS.—From the sums appropriated to carry out

this title in any fiscal year, the Secretary shall reserve not to

exceed one percent for payments to outlying areas to be allotted

in accordance with their respective needs.

‘‘(b) ALLOTMENT.—From the remainder of such sums, the Secretary shall allot to each State an amount which bears the same

ratio to the amount of such remainder as the school-age population

of the State bears to the school-age population of all States, except

that no State shall receive less than an amount equal to onehalf of one percent of such remainder.

‘‘(c) DEFINITIONS.—For purposes of this part:

‘‘(1) The term ‘school-age population’ means the population

aged 5 through 17.

‘‘(2) The term ‘States’ includes the 50 States, the District

of Columbia, and the Commonwealth of Puerto Rico.

‘‘SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) DISTRIBUTION RULE.—From the sums made available each

year to carry out this title, the State educational agency shall

distribute not less than 85 percent to local educational agencies

within such State according to the relative enrollments in public

and private, nonprofit schools within the school districts of such

agencies, adjusted, in accordance with criteria approved by the

Secretary, to provide higher per pupil allocations to local educational

agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per

child, such as—

‘‘(1) children living in areas with high concentrations of

low-income families;

‘‘(2) children from low-income families; and

‘‘(3) children living in sparsely populated areas.

‘‘(b) CALCULATION OF ENROLLMENTS.—

‘‘(1) IN GENERAL.—The calculation of relative enrollments

under subsection (a) shall be on the basis of the total of—

‘‘(A) the number of children enrolled in public schools;

and

‘‘(B) the number of children enrolled in private nonprofit schools that desire that their children participate
H. R. 6—192

in programs or projects assisted under this title, for the

fiscal year preceding the fiscal year for which the determination is made.

‘‘(2) CONSTRUCTION.—Nothing in this subsection shall diminish the responsibility of local educational agencies to contact, on an annual basis, appropriate officials from private

nonprofit schools within the areas served by such agencies

in order to determine whether such schools desire that their

children participate in programs assisted under this part. ‘‘(3) ADJUSTMENTS.—(A) Relative enrollments under subsection (a) shall be adjusted, in accordance with criteria

approved by the Secretary under subparagraph (B), to provide

higher per pupil allocations only to local educational agencies

which serve the greatest numbers or percentages of—

‘‘(i) children living in areas with high concentrations

of low-income families;

‘‘(ii) children from low-income families; or

‘‘(iii) children living in sparsely populated areas.

‘‘(B) The Secretary shall review criteria submitted by a

State educational agency for adjusting allocations under paragraph (1) and shall approve such criteria only if the Secretary

determines that such criteria are reasonably calculated to

produce an adjusted allocation that reflects the relative needs

within the State’s local educational agencies based on the factors set forth in subparagraph (A).

‘‘(c) PAYMENT OF ALLOCATIONS.—

‘‘(1) DISTRIBUTION.—From the funds paid to a State educational agency pursuant to section 6002 for a fiscal year,

a State educational agency shall distribute to each eligible

local educational agency which has submitted an application

as required in section 6202 the amount of such local educational

agency allocation as determined under subsection (a).

‘‘(2) ADDITIONAL FUNDS.—(A) Additional funds resulting

from higher per pupil allocations provided to a local educational

agency on the basis of adjusted enrollments of children

described in subsection (a), may, at the discretion of the local

educational agency, be allocated for expenditures to provide

services for children enrolled in public and private nonprofit

schools in direct proportion to the number of children described

in subsection (a) and enrolled in such schools within the local

educational agency. ‘‘(B) In any fiscal year, any local educational agency that

elects to allocate such additional funds in the manner described

in subparagraph (A) shall allocate all additional funds to schools

within the local educational agency in such manner.

‘‘(C) The provisions of subparagraphs (A) and (B) may

not be construed to require any school to limit the use of

such additional funds to the provision of services to specific

students or categories of students.

‘‘PART B—STATE PROGRAMS

‘‘SEC. 6201. STATE USES OF FUNDS.

‘‘(a) AUTHORIZED ACTIVITIES.—A State educational agency may

use funds made available for State use under this title only for—

‘‘(1) State administration of programs under this title

including—
H. R. 6—193

‘‘(A) supervision of the allocation of funds to local educational agencies;

‘‘(B) planning, supervision, and processing of State

funds; and

‘‘(C) monitoring and evaluation of programs and activities under this title; and

‘‘(2) technical assistance and direct grants to local educational agencies and statewide education reform activities

including effective schools programs which assist local educational agencies to provide targeted assistance.

‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more than 25 percent of funds available for State programs under this title in any

fiscal year may be used for State administration under subsection

(a)(1).

‘‘SEC. 6202. STATE APPLICATIONS.

‘‘(a) APPLICATION REQUIREMENTS.—Any State which desires to

receive assistance under this part shall submit to the Secretary

an application which—

‘‘(1) designates the State educational agency as the State

agency responsible for administration and supervision of programs assisted under this title;

‘‘(2)(A) provides for a biennial submission of data on the

use of funds, the types of services furnished, and the students

served under this title; and

‘‘(B) in fiscal year 1998 provides for an evaluation of the

effectiveness of programs assisted under this title;

‘‘(3) sets forth the allocation of such funds required to

implement section 6402;

‘‘(4) provides that the State educational agency will keep

such records and provide such information to the Secretary

as may be required for fiscal audit and program evaluation

(consistent with the responsibilities of the Secretary under this

section);

‘‘(5) provides assurance that, apart from technical and

advisory assistance and monitoring compliance with this title,

the State educational agency has not exercised and will not

exercise any influence in the decisionmaking processes of local

educational agencies as to the expenditure made pursuant to

an application under section 6303;

‘‘(6) contains assurances that there is compliance with the

specific requirements of this title; and

‘‘(7) provides for timely public notice and public dissemination of the information provided pursuant to paragraph (2).

‘‘(b) PERIOD OF APPLICATION.—An application filed by the State

under subsection (a) shall be for a period not to exceed three

years, and may be amended annually as may be necessary to

reflect changes without filing a new application.

‘‘(c) AUDIT RULE.—Local educational agencies receiving less

than an average of $5,000 each under this title shall not be audited

more frequently than once every five years.
H. R. 6—194

‘‘PART C—LOCAL INNOVATIVE EDUCATION

PROGRAMS

‘‘SEC. 6301. TARGETED USE OF FUNDS.

‘‘(a) GENERAL RULE.—Funds made available to local educational

agencies under section 6102 shall be used for innovative assistance

described in subsection (b).

‘‘(b) INNOVATIVE ASSISTANCE.—The innovative assistance programs referred to in subsection (a) include—

‘‘(1) technology related to the implementation of schoolbased reform programs, including professional development to

assist teachers and other school officials regarding how to use

effectively such equipment and software;

‘‘(2) programs for the acquisition and use of instructional

and educational materials, including library services and materials (including media materials), assessments, reference materials, computer software and hardware for instructional use,

and other curricular materials which are tied to high academic

standards and which will be used to improve student achievement and which are part of an overall education reform program;

‘‘(3) promising education reform projects, including effective

schools and magnet schools;

‘‘(4) programs to improve the higher order thinking skills

of disadvantaged elementary and secondary school students

and to prevent students from dropping out of school;

‘‘(5) programs to combat illiteracy in the student and adult

population, including parent illiteracy; ‘‘(6) programs to provide for the educational needs of gifted

and talented children;

‘‘(7) school reform activities that are consistent with the

Goals 2000: Educate America Act; and

‘‘(8) school improvement programs or activities under sections 1116 and 1117.

‘‘SEC. 6302. ADMINISTRATIVE AUTHORITY.

‘‘In order to conduct the activities authorized by this title,

each State or local educational agency may use funds reserved

for this title to make grants to and to enter into contracts with

local educational agencies, institutions of higher education, libraries, museums, and other public and private nonprofit agencies,

organizations, and institutions.

‘‘SEC. 6303. LOCAL APPLICATIONS.

‘‘(a) CONTENTS OF APPLICATION.—A local educational agency

or consortium of such agencies may receive an allocation of funds

under this title for any year for which an application is submitted

to the State educational agency and such application is certified

to meet the requirements of this section. The State educational

agency shall certify any such application if such application—

‘‘(1)(A) sets forth the planned allocation of funds among

innovative assistance programs described in section 6301 and

describes the programs, projects, and activities designed to

carry out such innovative assistance which the local educational

agency intends to support, together with the reasons for the

selection of such programs, projects, and activities; and
H. R. 6—195

‘‘(B) sets forth the allocation of such funds required to

implement section 6402; ‘‘(2) describes how assistance under this title will contribute

to meeting the National Education Goals and improving student

achievement or improving the quality of education for students; ‘‘(3) provide assurances of compliance with the provisions

of this title, including the participation of children enrolled

in private, nonprofit schools in accordance with section 6402; ‘‘(4) agrees to keep such records, and provide such informa- tion to the State educational agency as reasonably may be

required for fiscal audit and program evaluation, consistent

with the responsibilities of the State agency under this title;

and

‘‘(5) provides in the allocation of funds for the assistance

authorized by this title, and in the design, planning and

implementation of such programs, for systematic consultation

with parents of children attending elementary and secondary

schools in the area served by the local educational agency,

with teachers and administrative personnel in such schools,

and with other groups involved in the implementation of this

title (such as librarians, school counselors, and other pupil

services personnel) as may be considered appropriate by the

local educational agency.

‘‘(b) PERIOD OF APPLICATION.—An application filed by a local educational agency under subsection (a) shall be for a period not

to exceed three fiscal years, may provide for the allocation of funds

to programs for a period of three years, and may be amended

annually as may be necessary to reflect changes without filing

a new application. ‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—Subject to the limitations and requirements of this title, a local educational agency

shall have complete discretion in determining how funds under

this part shall be divided among the areas of targeted assistance.

In exercising such discretion, a local educational agency shall ensure

that expenditures under this part carry out the purposes of this

title and are used to meet the educational needs within the schools

of such local educational agency.

‘‘PART D—GENERAL ADMINISTRATIVE

PROVISIONS

‘‘SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.

‘‘(a) MAINTENANCE OF EFFORT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a State is entitled to receive its full allocation of funds under

this part for any fiscal year if the Secretary finds that either

the combined fiscal effort per student or the aggregate expenditures within the State with respect to the provision of free

public education for the fiscal year preceding the fiscal year

for which the determination is made was not less than 90

percent of such combined fiscal effort or aggregate expenditures

for the second fiscal year preceding the fiscal year for which

the determination is made.

‘‘(2) REDUCTION OF FUNDS.—The Secretary shall reduce

the amount of the allocation of funds under this part in any

fiscal year in the exact proportion to which the State fails
H. R. 6—196

to meet the requirements of paragraph (1) by falling below

90 percent of both the fiscal effort per student and aggregate

expenditures (using the measure most favorable to the State),

and no such lesser amount shall be used for computing the

effort required under paragraph (1) for subsequent years.

‘‘(3) WAIVERS.—The Secretary may waive, for one fiscal

year only, the requirements of this section if the Secretary

determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial

resources of the State.

‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State or local educational agency may use and allocate funds received under this

part only so as to supplement and, to the extent practical, increase

the level of funds that would, in the absence of Federal funds

made available under this part, be made available from non-Federal

sources, and in no case may such funds be used so as to supplant

funds from non-Federal sources.

‘‘SEC. 6402. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE

SCHOOLS.

‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—

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

of children in the school district of a local educational agency

which is eligible to receive funds under this title or which

serves the area in which a program or project assisted under

this title is located who are enrolled in private nonprofit

elementary and secondary schools, or with respect to instructional or personnel training programs funded by the State

educational agency from funds made available for State use,

such agency, after consultation with appropriate private school

officials, shall provide for the benefit of such children in such

schools secular, neutral, and nonideological services, materials,

and equipment, including the participation of the teachers of

such children (and other educational personnel serving such

children) in training programs, and the repair, minor remodeling, or construction of public facilities as may be necessary

for their provision (consistent with subsection (c) of this section),

or, if such services, materials, and equipment are not feasible

or necessary in one or more such private schools as determined

by the local educational agency after consultation with the

appropriate private school officials, shall provide such other

arrangements as will assure equitable participation of such

children in the purposes and benefits of this title.

‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no program or

project is carried out under paragraph (1) in the school district

of a local educational agency, the State educational agency

shall make arrangements, such as through contracts with nonprofit agencies or organizations, under which children in private

schools in such district are provided with services and materials

to the extent that would have occurred if the local educational

agency had received funds under this title.

‘‘(3) APPLICATION OF REQUIREMENTS.—The requirements of

this section relating to the participation of children, teachers,

and other personnel serving such children shall apply to programs and projects carried out under this title by a State

or local educational agency, whether directly or through grants
H. R. 6—197

to or contracts with other public or private agencies, institutions, or organizations.

‘‘(b) EQUAL EXPENDITURES.—Expenditures for programs pursuant to subsection (a) shall be equal (consistent with the number

of children to be served) to expenditures for programs under this

title for children enrolled in the public schools of the local educational agency, taking into account the needs of the individual

children and other factors which relate to such expenditures, and

when funds available to a local educational agency under this

title are used to concentrate programs or projects on a particular

group, attendance area, or grade or age level, children enrolled

in private schools who are included within the group, attendance

area, or grade or age level selected for such concentration shall,

after consultation with the appropriate private school officials, be

assured equitable participation in the purposes and benefits of

such programs or projects.

‘‘(c) FUNDS.—

‘‘(1) ADMINISTRATION OF FUNDS AND PROPERTY.—The control

of funds provided under this title, and title to materials, equipment, and property repaired, remodeled, or constructed with

such funds, shall be in a public agency for the uses and purposes

provided in this title, and a public agency shall administer

such funds and property.

‘‘(2) PROVISION OF SERVICES.—The provision of services

pursuant to this title shall be provided by employees of a

public agency or through contract by such public agency with

a person, an association, agency, or corporation who or which,

in the provision of such services, is independent of such private

school and of any religious organizations, and such employment

or contract shall be under the control and supervision of such

public agency, and the funds provided under this title shall

not be commingled with State or local funds.

‘‘(d) STATE PROHIBITION WAIVER.—If by reason of any provision

of law a State or local educational agency is prohibited from providing for the participation in programs of children enrolled in private

elementary and secondary schools, as required by this section, the

Secretary shall waive such requirements and shall arrange for

the provision of services to such children through arrangements

which shall be subject to the requirements of this section. ‘‘(e) WAIVER AND PROVISION OF SERVICES.— ‘‘(1) FAILURE TO COMPLY.—If the Secretary determines that

a State or a local educational agency has substantially failed

or is unwilling to provide for the participation on an equitable

basis of children enrolled in private elementary and secondary

schools as required by this section, the Secretary may waive

such requirements and shall arrange for the provision of services to such children through arrangements which shall be

subject to the requirements of this section.

‘‘(2) WITHHOLDING OF ALLOCATION.—Pending final resolution of any investigation or complaint that could result in

a determination under this subsection or subsection (d), the

Secretary may withhold from the allocation of the affected

State or local educational agency the amount estimated by

the Secretary to be necessary to pay the cost of those services.

‘‘(f) DETERMINATION.—Any determination by the Secretary

under this section shall continue in effect until the Secretary determines that there will no longer be any failure or inability on
H. R. 6—198

the part of the State or local educational agency to meet the

requirements of subsections (a) and (b).

‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When the Secretary

arranges for services pursuant to this section, the Secretary shall,

after consultation with the appropriate public and private school

officials, pay the cost of such services, including the administrative

costs of arranging for those services, from the appropriate allotment

of the State under this title.

‘‘(h) REVIEW.—

‘‘(1) WRITTEN OBJECTIONS.—The Secretary shall not take

any final action under this section until the State educational

agency and the local educational agency affected by such action

have had an opportunity, for not less than 45 days after receiving written notice thereof, to submit written objections and

to appear before the Secretary or the Secretary’s designee to

show cause why that action should not be taken.

‘‘(2) COURT ACTION.—If a State or local educational agency

is dissatisfied with the Secretary’s final action after a proceeding under paragraph (1), such agency may, not later than

60 days after notice of such action, file with the United States

court of appeals for the circuit in which such State is located

a petition for review of that action. A copy of the petition

shall be transmitted by the clerk of the court to the Secretary.

The Secretary thereupon shall file in the court the record

of the proceedings on which the Secretary based this action,

as provided in section 2112 of title 28, United States Code.

‘‘(3) REMAND TO SECRETARY.—The findings of fact by the

Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the

case to the Secretary to take further evidence and the Secretary

may make new or modified findings of fact and may modify

the Secretary’s previous action, and shall file in the court

the record of the further proceedings. Such new or modified

findings of fact shall likewise be conclusive if supported by

substantial evidence.

‘‘(4) COURT REVIEW.—Upon the filing of such petition, the

court shall have jurisdiction to affirm the action of the Secretary

or to set such action aside, in whole or in part. The judgment

of the court shall be subject to review by the Supreme Court

of the United States upon certiorari or certification as provided

in section 1254 of title 28, United States Code.

‘‘(i) PRIOR DETERMINATION.—Any bypass determination by the

Secretary under chapter 2 of title I of this Act (as such chapter

was in effect on the day preceding the date of enactment of the

Improving America’s Schools Act of 1994) shall, to the extent

consistent with the purposes of this title, apply to programs under

this title.

‘‘SEC. 6403. FEDERAL ADMINISTRATION.

‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon request,

shall provide technical assistance to State and local educational

agencies under this title.

‘‘(b) RULEMAKING.—The Secretary shall issue regulations under

this title only to the extent that such regulations are necessary

to ensure that there is compliance with the specific requirements

and assurances required by this title.
H. R. 6—199

‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwithstanding any

other provision of law, unless expressly in limitation of this subsection, funds appropriated in any fiscal year to carry out activities

under this title shall become available for obligation on July 1

of such fiscal year and shall remain available for obligation until

the end of the subsequent fiscal year.

‘‘TITLE VII—BILINGUAL EDUCATION,

LANGUAGE ENHANCEMENT, AND LANGUAGE ACQUISITION PROGRAMS

‘‘PART A—BILINGUAL EDUCATION

‘‘SEC. 7101. SHORT TITLE.

‘‘This part may be cited as the ‘Bilingual Education Act’.

‘‘SEC. 7102. FINDINGS, POLICY, AND PURPOSE.

‘‘(a) FINDINGS.—The Congress finds that—

‘‘(1) language-minority Americans speak virtually all world

languages plus many that are indigenous to the United States;

‘‘(2) there are large and growing numbers of children and

youth of limited-English proficiency, many of whom have a

cultural heritage that differs from that of their English-proficient peers;

‘‘(3) the presence of language-minority Americans is related

in part to Federal immigration policies; ‘‘(4) many language-minority Americans are limited in their

English proficiency, and many have limited education and

income;

‘‘(5) limited English proficient children and youth face a

number of challenges in receiving an education that will enable

such children and youth to participate fully in American society,

including—‘‘(A) segregated education programs;

‘‘(B) disproportionate and improper placement in special education and other special programs due to the use

of inappropriate evaluation procedures;

‘‘(C) the limited-English proficiency of their own parents, which hinders the parents’ ability to fully participate

in the education of their children; and

‘‘(D) a shortage of teachers and other staff who are

professionally trained and qualified to serve such children

and youth;

‘‘(6) Native Americans and Native American languages (as

such terms are defined in section 103 of the Native American

Languages Act), including native residents of the outlying

areas, have a unique status under Federal law that requires

special policies within the broad purposes of this Act to serve

the education needs of language minority students in the United

States;

‘‘(7) institutions of higher education can assist in preparing

teachers, administrators and other school personnel to understand and build upon the educational strengths and needs

of language-minority and culturally diverse student enrollments;
H. R. 6—200

‘‘(8) it is the purpose of this title to help ensure that

limited English proficient students master English and develop

high levels of academic attainment in content areas;

‘‘(9) quality bilingual education programs enable children

and youth to learn English and meet high academic standards

including proficiency in more than one language;

‘‘(10) as the world becomes increasingly interdependent

and as international communication becomes a daily occurrence

in government, business, commerce, and family life, multilingual skills constitute an important national resource which

deserves protection and development;

‘‘(11) educational technology has the potential for improving

the education of language-minority and limited English proficient students and their families, and the Federal Government

should foster this development;

‘‘(12) parent and community participation in bilingual education programs contributes to program effectiveness;

‘‘(13) research, evaluation, and data-collection capabilities

in the field of bilingual education need to be strengthened

so that educators and other staff can better identify and promote those programs, program implementation strategies, and

instructional practices that result in effective education of limited English proficient children;

‘‘(14) the use of a child or youth’s native language and

culture in classroom instruction can—

‘‘(A) promote self-esteem and contribute to academic

achievement and learning English by limited English proficient children and youth;

‘‘(B) benefit English-proficient children and youth who

also participate in such programs; and

‘‘(C) develop our Nation’s national language resources,

thus promoting our Nation’s competitiveness in the global

economy;

‘‘(15) the Federal Government, as exemplified by title VI

of the Civil Rights Act of 1964 and section 204(f) of the Equal

Education Opportunities Act of 1974, has a special and continuing obligation to ensure that States and local school districts

take appropriate action to provide equal educational opportunities to children and youth of limited English proficiency; and

‘‘(16) the Federal Government also, as exemplified by the

Federal Government’s efforts under this title, has a special

and continuing obligation to assist States and local school districts in developing the capacity to provide programs of instruction that offer limited English proficient children and youth

an equal educational opportunity.

‘‘(b) POLICY.—The Congress declares it to be the policy of the

United States, in order to ensure equal educational opportunity

for all children and youth and to promote educational excellence,

to assist State and local educational agencies, institutions of higher

education and community-based organizations to build their capacity to establish, implement, and sustain programs of instruction

for children and youth of limited English proficiency.

‘‘(c) PURPOSE.—The purpose of this part is to educate limited

English proficient children and youth to meet the same rigorous

standards for academic performance expected of all children and

youth, including meeting challenging State content standards and
H. R. 6—201

challenging State student performance standards in academic areas

by— ‘‘(1) developing systemic improvement and reform of edu- cational programs serving limited English proficient students

through the development and implementation of exemplary

bilingual education programs and special alternative instruction

programs; ‘‘(2) developing bilingual skills and multicultural under- standing; ‘‘(3) developing the English of such children and youth and, to the extent possible, the native language skills of such

children and youth; ‘‘(4) providing similar assistance to Native Americans with certain modifications relative to the unique status of Native

American languages under Federal law; ‘‘(5) developing data collection and dissemination, research, materials development, and technical assistance which is

focused on school improvement for limited English proficient

students; and

‘‘(6) developing programs which strengthen and improve the professional training of educational personnel who work

with limited English proficient students.

‘‘SEC. 7103. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—For the purpose of carrying out this part, there are authorized to be appropriated $215,000,000 for the fiscal

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

four succeeding fiscal years. ‘‘(b) DISTRIBUTION.—From the sums appropriated under sub- section (a) for any fiscal year, the Secretary shall reserve not

less than 25 percent of such funds for such year to carry out

subpart 3.

‘‘SEC. 7104. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN

SCHOOL.

‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carrying out pro- grams under this part for individuals served by elementary, secondary, and postsecondary schools operated predominately for Native

American or Alaska Native children and youth, an Indian tribe,

a tribally sanctioned educational authority, a Native Hawaiian or

Native American Pacific Islander native language education

organization, or an elementary or secondary school that is operated

or funded by the Bureau of Indian Affairs shall be considered

to be a local educational agency as such term is used in this

part, subject to the following qualifications: ‘‘(1) INDIAN TRIBE.—The term ‘Indian tribe’ means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village

corporation as defined in or established pursuant to the Alaska

Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that

is recognized for the special programs and services provided

by the United States to Indians because of their status as

Indians.

‘‘(2) TRIBALLY SANCTIONED EDUCATIONAL AUTHORITY.—The

term ‘tribally sanctioned educational authority’ means—

‘‘(A) any department or division of education operating

within the administrative structure of the duly constituted

governing body of an Indian tribe; and
H. R. 6—202

‘‘(B) any nonprofit institution or organization that is—

‘‘(i) chartered by the governing body of an Indian

tribe to operate any such school or otherwise to oversee

the delivery of educational services to members of that

tribe; and

‘‘(ii) approved by the Secretary for the purpose

of this section.

‘‘(b) ELIGIBLE ENTITY APPLICATION.—Notwithstanding any other

provision of this part, each eligible entity described in subsection

(a) shall submit any application for assistance under this part

directly to the Secretary along with timely comments on the need

for the proposed program.

‘‘SEC. 7105. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED NATIONS.

‘‘For the purpose of carrying out programs under this part

in the outlying areas, the term ‘local educational agency’ shall

include public institutions or agencies whose mission is the

preservation and maintenance of native languages.

‘‘Subpart 1—Bilingual Education Capacity and

Demonstration Grants

‘‘SEC. 7111. FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION.

‘‘The purpose of this subpart is to assist local educational

agencies, institutions of higher education, and community-based

organizations, through the grants authorized under sections 7112,

7113, 7114, and 7115 to—

‘‘(1) develop and enhance their capacity to provide highquality instruction through bilingual education or special alternative instruction programs to children and youth of limited

English proficiency; and

‘‘(2) to help such children and youth—

‘‘(A) develop proficiency in English, and to the extent

possible, their native language; and

‘‘(B) meet the same challenging State content standards

and challenging State student performance standards

expected for all children and youth as required by section

1111(b).

‘‘SEC. 7112. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.

‘‘(a) PURPOSE.—The purpose of this section is to develop and

implement new comprehensive, coherent, and successful bilingual

education or special alternative instructional programs for limited

English proficient students, including programs of early childhood

education, kindergarten through twelfth grade education, gifted

and talented education, and vocational and applied technology

education.

‘‘(b) PROGRAM AUTHORIZED.—

‘‘(1) AUTHORITY.—(A) The Secretary is authorized to award

grants to eligible entities having applications approved under

section 7116 to enable such entities to carry out activities

described in paragraph (2).

‘‘(B) Each grant under this section shall be awarded for

a period of three years.
H. R. 6—203

‘‘(2) AUTHORIZED ACTIVITIES.—(A) Grants awarded under

this section shall be used to improve the education of limited

English proficient students and their families by—

‘‘(i) developing and implementing comprehensive preschool, elementary, or secondary bilingual education or special alternative instructional programs that are coordinated

with other relevant programs and services to meet the

full range of educational needs of limited English proficient

students; and

‘‘(ii) providing inservice training to classroom teachers,

administrators, and other school or community-based

organizational personnel to improve the instruction and

assessment of language-minority and limited English proficient students.

‘‘(B) Grants under this section may be used to improve

the education of limited English proficient students and their

families by—

‘‘(i) implementing family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their

children;

‘‘(ii) improving the instructional program for limited

English proficient students by identifying, acquiring, and

upgrading curriculum, instructional materials, educational

software and assessment procedures and, if appropriate,

applying educational technology;

‘‘(iii) compensating personnel, including teacher aides

who have been specifically trained, or are being trained,

to provide services to children and youth of limited English

proficiency; ‘‘(iv) providing tutorials and academic or career counseling for children and youth of limited-English proficiency;

and

‘‘(v) providing such other activities, related to the purposes of this part, as the Secretary may approve. ‘‘(c) ELIGIBLE ENTITY.—For the purpose of this section the term

‘eligible entity’ means— ‘‘(1) one or more local educational agencies;

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

with an institution of higher education, community-based

organization or local or State educational agency; or ‘‘(3) a community-based organization or an institution of

higher education which has an application approved by the

local educational agency to develop and implement early childhood education or family education programs or to conduct

an instructional program which supplements the educational

services provided by a local educational agency.

‘‘(d) DUE CONSIDERATION.—In awarding grants under this section, the Secretary shall give due consideration to the need for

early childhood education, elementary education, and secondary

education programs.

‘‘SEC. 7113. PROGRAM ENHANCEMENT PROJECTS.

‘‘(a) PURPOSE.—The purpose of this section is to carry out

highly focused, innovative, locally designed projects to expand or

enhance existing bilingual education or special alternative instructional programs for limited English proficient students.
H. R. 6—204

‘‘(b) PROGRAM AUTHORIZED.—

‘‘(1) AUTHORITY.—(A) The Secretary is authorized to award

grants to eligible entities having applications approved under

section 7116 to enable such entities to carry out activities

described in paragraph (2).

‘‘(B) Each grant under this section shall be awarded for

a period of two years.

‘‘(2) AUTHORIZED ACTIVITIES.—(A) Grants under this section

shall be used for providing inservice training to classroom

teachers, administrators, and other school or community-based

organization personnel to improve the instruction and assessment of language-minority and limited English proficient

students.

‘‘(B) Grants under this section may be used for—

‘‘(i) implementing family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their

children;

‘‘(ii) improving the instructional program for limited

English proficient students by identifying, acquiring, and

upgrading curriculum, instructional materials, educational

software and assessment procedures and, if appropriate,

applying educational technology;

‘‘(iii) compensating personnel, including teacher aides

who have been specifically trained, or are being trained,

to provide services to children and youth of limited-English

proficiency;

‘‘(iv) providing tutorials and academic or career counseling for children and youth of limited-English proficiency;

‘‘(v) providing intensified instruction; and

‘‘(vi) providing such other activities, related to the purposes of this part, as the Secretary may approve.

‘‘(c) ELIGIBLE ENTITY.—For the purpose of this section the term

‘eligible entity’ means—

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

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

with an institution of higher education, community-based

organization or local or State educational agency; or

‘‘(3) a community-based organization or an institution of

higher education which has an application approved by the

local educational agency to enhance early childhood education

or family education programs or to conduct an instructional

program which supplements the educational services provided

by a local educational agency.

‘‘SEC. 7114. COMPREHENSIVE SCHOOL GRANTS.

‘‘(a) PURPOSE.—The purpose of this section is to provide financial assistance to eligible entities to implement schoolwide bilingual

education programs or special alternative instruction programs for

reforming, restructuring, and upgrading all relevant programs and

operations, within an individual school, that serve all (or virtually

all) children and youth of limited-English proficiency in schools

with significant concentrations of such children and youth.

‘‘(b) PROGRAM AUTHORIZED.—

‘‘(1) AUTHORITY.—(A) The Secretary is authorized to award

grants to eligible entities having applications approved under
H. R. 6—205

section 7116 to enable such entities to carry out activities

described in paragraph (3).

‘‘(B) Each grant under this section shall be awarded for

five years.

‘‘(2) TERMINATION.—The Secretary shall terminate grants

to eligible entities under this section if the Secretary determines

that—

‘‘(A) the program evaluation required by section 7123

indicates that students in the schoolwide program are not

being taught to and are not making adequate progress

toward achieving challenging State content standards and

challenging State student performance standards; or

‘‘(B) in the case of a program to promote dual language

facility, such program is not promoting such facility.

‘‘(3) AUTHORIZED ACTIVITIES.—Grants under this section

may be used to improve the education of limited English proficient students and their families by—

‘‘(A) implementing family education programs and parent outreach and training activities designed to assist parents to become active participants in the education of their

children;

‘‘(B) improving the instructional program for limited

English proficient students by identifying, acquiring and

upgrading curriculum, instructional materials, educational

software and assessment procedures and, if appropriate,

applying educational technology;

‘‘(C) compensating personnel, including teacher aides

who have been specifically trained, or are being trained,

to provide services to children and youth of limited English

proficiency;

‘‘(D) providing tutorials and academic or career counseling for children and youth of limited-English proficiency;

‘‘(E) providing intensified instruction; and

‘‘(F) providing such other activities, related to the purposes of this part, as the Secretary may approve.

‘‘(4) SPECIAL RULE.—A grant recipient, before carrying out

a program assisted under this section, shall plan, train personnel, develop curriculum, and acquire or develop materials.

‘‘(c) ELIGIBLE ENTITIES.—For the purpose of this section the

term ‘eligible entity’ means—

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

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

with an institution of higher education, community-based

organizations or a local or State educational agency.

‘‘SEC. 7115. SYSTEMWIDE IMPROVEMENT GRANTS.

‘‘(a) PURPOSE.—The purpose of this section is to implement

districtwide bilingual education programs or special alternative

instruction programs to improve, reform, and upgrade relevant

programs and operations, within an entire local educational agency,

that serve a significant number of children and youth of limited

English proficiency in local educational agencies with significant

concentrations of such children and youth.

‘‘(b) PROGRAM AUTHORIZED.—

‘‘(1) AUTHORITY.—(A) The Secretary is authorized to award

grants to eligible entities having applications approved under
H. R. 6—206

section 7116 to enable such entities to carry out activities

described in paragraphs (3) and (4).

‘‘(B) Each grant under this section shall be awarded for

5 years.

‘‘(2) TERMINATION.—The Secretary shall terminate grants

to eligible entities under this section if the Secretary determines

that—

‘‘(A) the program evaluation required by section 7123

indicates that students in the program are not being taught

to and are not making adequate progress toward achieving

challenging State content standards and challenging State

student performance standards; or

‘‘(B) in the case of a program to promote dual language

facility, such program is not promoting such facility.

‘‘(3) PREPARATION.—Grants under this section may be used

during the first 12 months exclusively for activities preparatory

to the delivery of services.

‘‘(4) USES.—Grants under this section may be used to

improve the education of limited English proficient students

and their families by reviewing, restructuring, and upgrading—

‘‘(A) educational goals, curriculum guidelines and content, standards and assessments;

‘‘(B) personnel policies and practices including recruitment, certification, staff development, and assignment;

‘‘(C) student grade-promotion and graduation requirements;

‘‘(D) student assignment policies and practices;

‘‘(E) family education programs and parent outreach

and training activities designed to assist parents to become

active participants in the education of their children;

‘‘(F) the instructional program for limited English proficient students by identifying, acquiring and upgrading

curriculum, instructional materials, educational software

and assessment procedures and, if appropriate, applying

educational technology; ‘‘(G) tutorials and academic or career counseling for

children and youth of limited-English proficiency; and ‘‘(H) such other activities, related to the purposes of

this part, as the Secretary may approve. ‘‘(c) ELIGIBLE ENTITIES.—For the purpose of this section the

term ‘eligible entity’ means— ‘‘(1) one or more local educational agencies; or

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

with an institution of higher education, community-based

organizations or a local or State educational agency.

‘‘SEC. 7116. APPLICATIONS.

‘‘(a) IN GENERAL.—

‘‘(1) SECRETARY.—To receive a grant under this subpart,

an eligible entity shall submit an application to the Secretary

at such time, in such form, and containing such information

as the Secretary may require.

‘‘(2) STATE EDUCATIONAL AGENCY.—An eligible entity, with

the exception of schools funded by the Bureau of Indian Affairs,

shall submit a copy of its application under this section to

the State educational agency.

‘‘(b) STATE REVIEW AND COMMENTS.—
H. R. 6—207

‘‘(1) DEADLINE.—The State educational agency, not later

than 45 days after receipt of an application under this section,

shall review the application and transmit such application to

the Secretary.

‘‘(2) COMMENTS.—(A) Regarding any application submitted

under this title, the State educational agency shall—

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

‘‘(ii) submit to each eligible entity the comments that

pertain to such entity.

‘‘(B) For purposes of this subpart, such comments shall

address how the eligible entity—

‘‘(i) will further the academic achievement of limited

English proficient students served pursuant to a grant

received under this subpart; and

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

State plan submitted under section 1111.

‘‘(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity may submit to the Secretary comments that address the comments submitted by the State educational agency.

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

subpart the Secretary shall take into consideration comments made

by a State educational agency.

‘‘(e) WAIVER.—Notwithstanding subsection (b), the Secretary

is authorized to waive the review requirement of subsection (b)

if a State educational agency can demonstrate that such review

requirement may impede such agency’s ability to fulfill the requirements of participation in the State grant program, particularly

such agency’s data collection efforts and such agency’s ability to

provide technical assistance to local educational agencies not receiving funds under this Act. ‘‘(f) REQUIRED DOCUMENTATION.—Such application shall include

documentation that the applicant has the qualified personnel

required to develop, administer, and implement the proposed program. ‘‘(g) CONTENTS.— ‘‘(1) IN GENERAL.—An application for a grant under this

subpart shall contain the following: ‘‘(A) A description of the need for the proposed program,

including data on the number of children and youth of

limited-English proficiency in the school or school district

to be served and the characteristics of such children and

youth, such as language spoken, dropout rates, proficiency

in English and the native language, academic standing

in relation to the English-proficient peers of such children

and youth, and, where applicable, the recency of immigration.

‘‘(B) A description of the program to be implemented

and how such program’s design—

‘‘(i) relates to the linguistic and academic needs

of the children and youth of limited-English proficiency

to be served;

‘‘(ii) is coordinated with other programs under this

Act, the Goals 2000: Educate America Act and other

Acts, as appropriate, in accordance with section 14306;

‘‘(iii) involves the parents of the children and youth

of limited-English proficiency to be served;
H. R. 6—208

‘‘(iv) ensures accountability in achieving high academic standards; and

‘‘(v) promotes coordination of services for the children and youth of limited-English proficiency to be

served and their families.

‘‘(C) A description, if appropriate, of the applicant’s

collaborative activities with institutions of higher education, community-based organizations, local or State educational agencies, private schools, nonprofit organizations,

or businesses in carrying out the proposed program.

‘‘(D) An assurance that the applicant will not reduce

the level of State and local funds that the applicant expends

for bilingual education or special alternative instruction

programs if the applicant receives an award under this

subpart.

‘‘(E) An assurance that the applicant will employ teachers in the proposed program that, individually or in combination, are proficient in English, including written, as

well as oral, communication skills.

‘‘(F) A budget for grant funds.

‘‘(2) ADDITIONAL INFORMATION.—Each application for a

grant under section 7114 or 7115 shall—

‘‘(A) describe—

‘‘(i) current services the applicant provides to children and youth of limited-English proficiency;

‘‘(ii) what services children and youth of limitedEnglish proficiency will receive under the grant that

such children or youth will not otherwise receive; ‘‘(iii) how funds received under this subpart will

be integrated with all other Federal, State, local, and

private resources that may be used to serve children

and youth of limited-English proficiency; ‘‘(iv) specific achievement and school retention

goals for the children and youth to be served by the

proposed program and how progress toward achieving

such goals will be measured; and ‘‘(v) current family education programs if

applicable; and

‘‘(B) provide assurances that—

‘‘(i) the program funded will be integrated with

the overall educational program; and ‘‘(ii) the application has been developed in consultation with an advisory council, the majority of whose

members are parents and other representatives of the

children and youth to be served in such programs.

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

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

‘‘(1) the program will use qualified personnel, including

personnel who are proficient in the language or languages

used for instruction;

‘‘(2) in designing the program for which application is made,

the needs of children in nonprofit private elementary and

secondary schools have been taken into account through consultation with appropriate private school officials and, consistent with the number of such children enrolled in such schools

in the area to be served whose educational needs are of the
H. R. 6—209

type and whose language and grade levels are of a similar

type to those which the program is intended to address, after

consultation with appropriate private school officials, provision

has been made for the participation of such children on a

basis comparable to that provided for public school children;

‘‘(3) student evaluation and assessment procedures in the

program are valid, reliable, and fair for limited English proficient students, and that limited English proficient students

who are disabled are identified and served in accordance with

the requirements of the Individuals with Disabilities Education

Act;

‘‘(4) Federal funds made available for the project or activity

will be used so as to supplement the level of State and local

funds that, in the absence of such Federal funds, would have

been expended for special programs for children of limited

English proficient individuals and in no case to supplant such

State and local funds, except that nothing in this paragraph

shall be construed to preclude a local educational agency from

using funds under this title for activities carried out under

an order of a court of the United States or of any State respecting services to be provided such children, or to carry out a

plan approved by the Secretary as adequate under title VI

of the Civil Rights Act of 1964 with respect to services to

be provided such children;

‘‘(5) the assistance provided under the application will

contribute toward building the capacity of the applicant to

provide a program on a regular basis, similar to that proposed

for assistance, which will be of sufficient size, scope, and quality

to promise significant improvement in the education of students

of limited-English proficiency, and that the applicant will have

the resources and commitment to continue the program when

assistance under this subpart is reduced or no longer available;

and

‘‘(6) the applicant provides for utilization of the State and

national dissemination sources for program design and in

dissemination of results and products.

‘‘(i) PRIORITIES AND SPECIAL RULES.— ‘‘(1) PRIORITY.—The Secretary shall give priority to applications which provide for the development of bilingual proficiency

both in English and another language for all participating

students.

‘‘(2) SPECIAL ALTERNATIVE INSTRUCTIONAL PROGRAM.— Grants for special alternative instructional programs under

this subpart shall not exceed 25 percent of the funds provided

for any type of grant under any section, or of the total funds

provided, under this subpart for any fiscal year.

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

Secretary may award grants under this subpart for special

alternative instructional programs if an applicant has demonstrated that the applicant cannot develop and implement

a bilingual education program for the following reasons:

‘‘(A) Where the diversity of the limited English proficient students’ native languages and the small number

of students speaking each respective language makes bilingual education impractical.

‘‘(B) Where, despite documented efforts, the applicant

has not been able to hire qualified instructional personnel
H. R. 6—210

who are able to communicate in the students’ native language.

‘‘(4) CONSIDERATION.—In approving applications under this

subpart, the Secretary shall give consideration to the degree

to which the program for which assistance is sought involves

the collaborative efforts of institutions of higher education,

community-based organizations, the appropriate local and State

educational agency, or businesses.

‘‘(5) DUE CONSIDERATION.—The Secretary shall give due

consideration to applications providing training for personnel

participating in or preparing to participate in the program

which will assist such personnel in meeting State and local

certification requirements and that, to the extent possible,

describe how college or university credit will be awarded for

such training.

‘‘SEC. 7117. INTENSIFIED INSTRUCTION.

‘‘In carrying out this subpart, each grant recipient may intensify

instruction for limited English proficient students by—

‘‘(1) expanding the educational calendar of the school in

which such student is enrolled to include programs before and

after school and during the summer months;

‘‘(2) expanding the use of professional and volunteer aids;

‘‘(3) applying technology to the course of instruction; and

‘‘(4) providing intensified instruction through supplementary instruction or activities, including educationally

enriching extracurricular activities, during times when school

is not routinely in session.

‘‘SEC. 7118. CAPACITY BUILDING.

‘‘Each recipient of a grant under this subpart shall use the

grant in ways that will build such recipient’s capacity to continue

to offer high-quality bilingual and special alternative education

programs and services to children and youth of limited-English

proficiency once Federal assistance is reduced or eliminated.

‘‘SEC. 7119. SUBGRANTS.

‘‘A local educational agency that receives a grant under this

subpart may, with the approval of the Secretary, make a subgrant

to, or enter into a contract with, an institution of higher education,

a nonprofit organization, or a consortium of such entities to carry

out an approved program, including a program to serve out-ofschool youth.

‘‘SEC. 7120. PRIORITY ON FUNDING.

‘‘The Secretary shall give priority to applications under this

subpart that describe a program that—

‘‘(1) enrolls a large percentage or large number of limited

English proficient students;

‘‘(2) takes into account significant increases in limited English proficient children and youth, including such children and

youth in areas with low concentrations of such children and

youth; and

‘‘(3) ensures that activities assisted under this subpart

address the needs of school systems of all sizes and geographic

areas, including rural and urban schools.
H. R. 6—211

‘‘SEC. 7121. COORDINATION WITH OTHER PROGRAMS.

‘‘In order to secure the most flexible and efficient use of Federal

funds, any State receiving funds under this subpart shall coordinate

its program with other programs under this Act, the Goals 2000:

Educate America Act, and other Acts, as appropriate, in accordance

with section 14306.

‘‘SEC. 7122. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

‘‘Programs authorized under this part that serve Native American children, Native Pacific Island children, and children in the

Commonwealth of Puerto Rico, notwithstanding any other provision

of this part, may include programs of instruction, teacher training,

curriculum development, evaluation, and testing designed for Native

American children and youth learning and studying Native American languages and children and youth of limited-Spanish proficiency, except that one outcome of such programs serving Native

American children shall be increased English proficiency among

such children.

‘‘SEC. 7123. EVALUATIONS.

‘‘(a) EVALUATION.—Each recipient of funds under this subpart

shall provide the Secretary with an evaluation, in the form prescribed by the Secretary, of such recipient’s program every two

years.

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

a grant recipient—

‘‘(1) for program improvement;

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

and

‘‘(3) to determine program effectiveness.

‘‘(c) EVALUATION COMPONENTS.—Evaluations shall include—

‘‘(1) how students are achieving the State student performance standards, if any, including data comparing children and

youth of limited-English proficiency with nonlimited English

proficient children and youth with regard to school retention,

academic achievement, and gains in English (and, where

applicable, native language) proficiency;

‘‘(2) program implementation indicators that provide

information for informing and improving program management

and effectiveness, including data on appropriateness of curriculum in relationship to grade and course requirements, appropriateness of program management, appropriateness of the

program’s staff professional development, and appropriateness

of the language of instruction;

‘‘(3) program context indicators that describe the relationship of the activities funded under the grant to the overall

school program and other Federal, State, or local programs

serving children and youth of limited English proficiency; and

‘‘(4) such other information as the Secretary may require.

‘‘SEC. 7124. CONSTRUCTION.

‘‘Nothing in this part shall be construed to prohibit a local

educational agency from serving limited English proficient children

and youth simultaneously with students with similar educational

needs, in the same educational settings where appropriate.
H. R. 6—212

‘‘Subpart 2—Research, Evaluation, and

Dissemination

‘‘SEC. 7131. AUTHORITY.

‘‘(a) IN GENERAL.—The Secretary is authorized to conduct data collection, dissemination, research, and ongoing program evaluation

activities in accordance with the provisions of this subpart for

the purpose of improving bilingual education and special alternative

instruction programs for children and youth of limited English

proficiency. ‘‘(b) COMPETITIVE AWARDS.—Research and program evaluation activities carried out under this subpart shall be supported through

competitive grants, contracts and cooperative agreements awarded

institutions of higher education, nonprofit organizations, and State

and local educational agencies. ‘‘(c) ADMINISTRATION.—The Secretary shall conduct data collec- tion, dissemination, and ongoing program evaluation activities

authorized by this subpart through the Office of Bilingual Education

and Minority Language Affairs.

‘‘SEC. 7132. RESEARCH.

‘‘(a) ADMINISTRATION.—The Secretary shall conduct research activities authorized by this subpart through the Office of Educational Research and Improvement in coordination and collaboration with the Office of Bilingual Education and Minority Language

Affairs.

‘‘(b) REQUIREMENTS.—Such research activities—

‘‘(1) shall have a practical application to teachers, counselors, paraprofessionals, school administrators, parents, and

others involved in improving the education of limited English

proficient students and their families; ‘‘(2) may include research on effective instructional prac- tices for multilingual classes, and on effective instruction strategies to be used by teachers and other staff who do not know

the native language of a limited English proficient child or

youth in their classrooms; ‘‘(3) may include establishing (through the National Center for Education Statistics in consultation with experts in bilingual

education, second language acquisition, and English-as-a-second-language) a common definition of ‘limited English proficient

student’ for purposes of national data collection; and ‘‘(4) shall be administered by individuals with expertise in bilingual education and the needs of limited English proficient students and their families.

‘‘(c) FIELD-INITIATED RESEARCH.— ‘‘(1) IN GENERAL.—The Secretary shall reserve not less than 5 percent of the funds made available to carry out this

section for field-initiated research conducted by current or

recent recipients of grants under subpart 1 or 2 who have

received such grants within the previous five years. Such

research may provide for longitudinal studies of students or

teachers in bilingual education, monitoring the education of

such students from entry in bilingual education through secondary school completion.

‘‘(2) APPLICATIONS.—Applicants for assistance under this

subsection may submit an application for such assistance to

the Secretary at the same time as applications are submitted
H. R. 6—213

under subpart 1 or 2. The Secretary shall complete a review

of such applications on a timely basis to allow research and

program grants to be coordinated when recipients are awarded

two or more such grants.

‘‘(d) CONSULTATION.—The Secretary shall consult with agencies and organizations that are engaged in bilingual education research

and practice, or related research, and bilingual education researchers and practitioners to identify areas of study and activities to

be funded under this section.

‘‘(e) DATA COLLECTION.—The Secretary shall provide for the continuation of data collection on limited English proficient students

as part of the data systems operated by the Department.

‘‘SEC. 7133. ACADEMIC EXCELLENCE AWARDS.

‘‘(a) AWARDS.—The Secretary may make grants to, and enter into contracts and cooperative agreements with, State and local

educational agencies, nonprofit organizations, and institutions of

higher education to promote the adoption and implementation of

bilingual education, special alternative instruction programs, and

professional development programs that demonstrate promise of

assisting children and youth of limited English proficiency to meet

challenging State standards. ‘‘(b) APPLICATIONS.— ‘‘(1) IN GENERAL.—Each entity desiring an award under this section shall submit an application to the Secretary in

such form, at such time, and containing such information and

assurances as the Secretary may reasonably require. ‘‘(2) PEER REVIEW.—The Secretary shall use a peer review process, using effectiveness criteria that the Secretary shall

establish, to review applications under this section.

‘‘(c) USE OF FUNDS.—Funds under this section shall be used

to enhance the capacity of States and local education agencies

to provide high quality academic programs for children and youth

of limited English proficiency, which may include— ‘‘(1) completing the development of such programs;

‘‘(2) professional development of staff participating in bilin- gual education programs; ‘‘(3) sharing strategies and materials; and

‘‘(4) supporting professional networks. ‘‘(d) COORDINATION.—Recipients of funds under this section

shall coordinate the activities assisted under this section with activities carried out by comprehensive regional assistance centers

assisted under part A of title XIII.

‘‘SEC. 7134. STATE GRANT PROGRAM.

‘‘(a) STATE GRANT PROGRAM.—The Secretary is authorized to make an award to a State educational agency that demonstrates,

to the satisfaction of the Secretary, that such agency, through

such agency’s own programs and other Federal education programs,

effectively provides for the education of children and youth of limited

English proficiency within the State.

‘‘(b) PAYMENTS.—The amount paid to a State educational agency under subsection (a) shall not exceed 5 percent of the total amount

awarded to local educational agencies within the State under subpart 1 for the previous fiscal year, except that in no case shall

the amount paid by the Secretary to any State educational agency

under this subsection for any fiscal year be less than $100,000.

‘‘(c) USE OF FUNDS.—
H. R. 6—214

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

funds awarded under this section for programs authorized by

this section to—

‘‘(A) assist local educational agencies in the State with

program design, capacity building, assessment of student

performance, and program evaluation; and

‘‘(B) collect data on the State’s limited English proficient populations and the educational programs and services available to such populations.

‘‘(2) EXCEPTION.—States which do not, as of the date of

enactment of the Improving America’s Schools Act of 1994,

have in place a system for collecting the data described in

subparagraph (B) of paragraph (1) for all students in such

State, are not required to meet the requirement of such

subparagraph. In the event such State develops a system for

collecting data on the educational programs and services available to all students in the State, then such State shall comply

with the requirement of paragraph (1)(B).

‘‘(3) TRAINING.—The State educational agency may also

use funds provided under this section for the training of State

educational agency personnel in educational issues affecting

limited English proficient children and youth.

‘‘(4) SPECIAL RULE.—Recipients of funds under this section

shall not restrict the provision of services under this section

to federally funded programs.

‘‘(d) STATE CONSULTATION.—A State educational agency receiving funds under this section shall consult with recipients of grants

under this title and other individuals or organizations involved

in the development or operation of programs serving limited English

proficient children or youth to ensure that such funds are used

in a manner consistent with the requirements of this title.

‘‘(e) APPLICATIONS.—A State educational agency desiring to

receive funds under this section shall submit an application to

the Secretary in such form, at such time, and containing such

information and assurances as the Secretary may require. ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made available under

this section for any fiscal year shall be used by the State educational

agency to supplement and, to the extent practical, to increase

to the level of funds that would, in the absence of such funds,

be made available by the State for the purposes described in this

section, and in no case to supplant such funds.

‘‘(g) REPORT TO THE SECRETARY.—State educational agencies

receiving awards under this section shall provide for the annual

submission of a summary report to the Secretary describing such

State’s use of such funds.

‘‘SEC. 7135. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish and support the operation of a National Clearinghouse for Bilingual Education, which shall collect, analyze, synthesize, and disseminate

information about bilingual education and related programs.

‘‘(b) FUNCTIONS.—The National Clearinghouse for Bilingual

Education shall—

‘‘(1) be administered as an adjunct clearinghouse of the

Educational Resources Information Center Clearinghouses system of clearinghouses supported by the Office of Educational

Research and Improvement;
H. R. 6—215

‘‘(2) coordinate its activities with Federal data and information clearinghouses and dissemination networks and systems; ‘‘(3) develop a data base management and monitoring sys- tem for improving the operation and effectiveness of federally

funded bilingual education programs; and ‘‘(4) develop, maintain, and disseminate, through com- prehensive regional assistance centers described in part A of

title XIII if appropriate, a listing by geographical area of education professionals, parents, teachers, administrators, community members and others who are native speakers of languages

other than English for use as a resource by local educational

agencies and schools in the development and implementation

of bilingual education programs.

‘‘SEC. 7136. INSTRUCTIONAL MATERIALS DEVELOPMENT.

‘‘The Secretary may provide grants for the development, publication, and dissemination of high-quality instructional materials in Native American and Native Hawaiian languages and the

language of Native Pacific Islanders and natives of the outlying

areas for which instructional materials are not readily available.

The Secretary shall give priority to the development of instructional

materials in languages indigenous to the United States or the

outlying areas. The Secretary shall also accord priority to applications for assistance under this section which provide for developing

and evaluating materials in collaboration with activities assisted

under subparts 1 and 2 and which are consistent with voluntary

national content standards and challenging State content standards.

‘‘Subpart 3—Professional Development

‘‘SEC. 7141. PURPOSE.

‘‘The purpose of this subpart is to assist in preparing educators to improve the educational services for limited English proficient

children and youth by supporting professional development programs and the dissemination of information on appropriate instructional practices for such children and youth.

‘‘SEC. 7142. TRAINING FOR ALL TEACHERS PROGRAM.

‘‘(a) PURPOSE.—The purpose of this section is to provide for

the incorporation of courses and curricula on appropriate and effective instructional and assessment methodologies, strategies and

resources specific to limited English proficient students into

preservice and inservice professional development programs for

teachers, pupil services personnel, administrators and other education personnel in order to prepare such individuals to provide

effective services to limited English proficient students. ‘‘(b) AUTHORIZATION.— ‘‘(1) AUTHORITY.—The Secretary is authorized to award grants to institutions of higher education, local educational

agencies, and State educational agencies or to nonprofit

organizations which have entered into consortia arrangements

with one of such institutions or agencies. ‘‘(2) DURATION.—Each grant under this section shall be awarded for a period of not more than five years.

‘‘(c) PERMISSIBLE ACTIVITIES.—Activities conducted under this

section may include the development of training programs in

collaboration with other programs such as programs authorized

under titles I and II of this Act, and under the Head Start Act.
H. R. 6—216

‘‘SEC. 7143. BILINGUAL EDUCATION TEACHERS AND PERSONNEL

GRANTS.

‘‘(a) PURPOSE.—The purpose of this section is to provide for—

‘‘(1) preservice and inservice professional development for

bilingual education teachers, administrators, pupil services

personnel, and other educational personnel who are either

involved in, or preparing to be involved in, the provision of

educational services for children and youth of limited-English

proficiency; and

‘‘(2) national professional development institutes that assist

schools or departments of education in institutions of higher

education to improve the quality of professional development

programs for personnel serving, preparing to serve, or who

may serve, children and youth of limited-English proficiency.

‘‘(b) PRIORITY.—The Secretary shall give priority in awarding

grants under this section to institutions of higher education, in

consortia with local or State educational agencies, that offer degree

programs which prepare new bilingual education teachers in order

to increase the availability of educators to provide high-quality

education to limited English proficient students.

‘‘(c) AUTHORIZATION.—

‘‘(1) The Secretary is authorized to award grants for not

more than five years to institutions of higher education which

have entered into consortia arrangements with local or State

educational agencies to achieve the purposes of this section.

‘‘(2) The Secretary is authorized to make grants for not

more than five years to State and local educational agencies

for inservice professional development programs.

‘‘SEC. 7144. BILINGUAL EDUCATION CAREER LADDER PROGRAM.

‘‘(a) PURPOSE.—The purpose of this section is—

‘‘(1) to upgrade the qualifications and skills of noncertified

educational personnel, especially educational paraprofessionals,

to meet high professional standards, including certification and

licensure as bilingual education teachers and other educational

personnel who serve limited English proficient students,

through collaborative training programs operated by institutions of higher education and local and State educational agencies; and

‘‘(2) to help recruit and train secondary school students

as bilingual education teachers and other educational personnel

to serve limited English proficient students.

‘‘(b) AUTHORIZATION.—

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

grants for bilingual education career ladder programs to institutions of higher education applying in consortia with local or

State educational agencies, which consortia may include

community-based organizations or professional education

organizations.

‘‘(2) DURATION.—Each grant under this section shall be

awarded for a period of not more than five years.

‘‘(c) PERMISSIVE ACTIVITIES.—Grants awarded under this section may be used—

‘‘(1) for the development of bilingual education career ladder

program curricula appropriate to the needs of the consortium

participants;
H. R. 6—217

‘‘(2) to provide assistance for stipends and costs related

to tuition, fees and books for enrolling in courses required

to complete the degree and certification requirements to become

bilingual education teachers; and

‘‘(3) for programs to introduce secondary school students

to careers in bilingual education teaching that are coordinated

with other activities assisted under this section.

‘‘(d) SPECIAL CONSIDERATION.—The Secretary shall give special

consideration to applications under this section which provide for—

‘‘(1) participant completion of baccalaureate and master’s

degree teacher education programs, and certification requirements and may include effective employment placement

activities;

‘‘(2) development of teacher proficiency in English a second

language, including demonstrating proficiency in the instructional use of English and, as appropriate, a second language

in classroom contexts;

‘‘(3) coordination with the Federal TRIO programs under

chapter 1 of part A of title IV of the Higher Education Act

of 1965, the National Mini Corps under subpart 1 of part

F of title V of such Act, the Teacher Corps program under

subpart 3 of part C of title V of such Act, and the National

Community and Service Trust Act of 1993 programs, and other

programs for the recruitment and retention of bilingual students in secondary and postsecondary programs to train to

become bilingual educators; and

‘‘(4) the applicant’s contribution of additional student financial aid to participating students.

‘‘SEC. 7145. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION PROGRAM.

‘‘(a) AUTHORIZATION.— ‘‘(1) IN GENERAL.—The Secretary may award fellowships

for masters, doctoral, and post-doctoral study related to instruction of children and youth of limited-English proficiency in

such areas as teacher training, program administration,

research and evaluation, and curriculum development, and for

the support of dissertation research related to such study. ‘‘(2) NUMBER.—For fiscal year 1994 not less than 500 fellowships leading to a master’s or doctorate degree shall be awarded

under this section.

‘‘(3) INFORMATION.—The Secretary shall include information on the operation and the number of fellowships awarded

under the fellowship program in the evaluation required under

section 7149.

‘‘(b) FELLOWSHIP REQUIREMENTS.—

‘‘(1) IN GENERAL.—Any person receiving a fellowship under

this section shall agree to—

‘‘(A) work in an activity related to the program or

in an activity such as an activity authorized under this

part, including work as a bilingual education teacher, for

a period of time equivalent to the period of time during

which such person receives assistance under this section;

or

‘‘(B) repay such assistance.

‘‘(2) REGULATIONS.—The Secretary shall establish in regulations such terms and conditions for such agreement as the
H. R. 6—218

Secretary deems reasonable and necessary and may waive the

requirement of paragraph (1) in extraordinary circumstances.

‘‘(c) PRIORITY.—In awarding fellowships under this section the

Secretary may give priority to institutions of higher education that

demonstrate experience in assisting fellowship recipients find

employment in the field of bilingual education.

‘‘SEC. 7146. APPLICATION.

‘‘(a) IN GENERAL.—

‘‘(1) SECRETARY.—To receive an award under this subpart,

an eligible entity shall submit an application to the Secretary

at such time, in such form, and containing such information

as the Secretary may require.

‘‘(2) CONSULTATION AND ASSESSMENT.—Each such application shall contain a description of how the applicant has consulted with, and assessed the needs of, public and private

schools serving children and youth of limited-English proficiency to determine such school’s need for, and the design

of, the program for which funds are sought.

‘‘(3) SPECIAL RULE.—(A) An application for a grant under

subsection (a) from an applicant who proposes to conduct a

master’s- or doctoral-level program with funds received under

this section shall provide an assurance that such program

will include, as a part of the program, a training practicum

in a local school program serving children and youth of limitedEnglish proficiency.

‘‘(B) A recipient of a grant under subsection (a) may waive

the requirement of a training practicum for a degree candidate

with significant experience in a local school program serving

children and youth of limited-English proficiency. ‘‘(4) STATE EDUCATIONAL AGENCY.—An eligible entity, with

the exception of schools funded by the Bureau of Indian Affairs,

shall submit a copy of the application under this subsection

to the State educational agency.

‘‘(b) STATE REVIEW AND COMMENTS.— ‘‘(1) DEADLINE.—The State educational agency, not later

than 45 days after receipt of such application copy, shall review

the application and transmit such application to the Secretary. ‘‘(2) COMMENTS.—(A) Regarding any application submitted

under this subpart, the State educational agency shall— ‘‘(i) submit to the Secretary written comments regarding all such applications; and ‘‘(ii) submit to each eligible entity the comments that

pertain to such entity.

‘‘(B) For purposes of this subpart, comments shall address

how the eligible entity—

‘‘(i) will further the academic achievement of limited

English proficient students served pursuant to a grant

received under this subpart; and

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

State plan submitted under section 1111.

‘‘(3) WAIVER.—Notwithstanding paragraphs (1) and (2), the

Secretary is authorized to waive the review requirement if

a State educational agency can demonstrate that such review

requirement may impede such agency’s ability to fulfill the

requirements of participation in the State grant program,

particularly such agency’s data collection efforts and such agen-
H. R. 6—219

cy’s ability to provide technical assistance to local educational

agencies not receiving funds under this Act.

‘‘(c) ELIGIBLE ENTITY COMMENTS.—An eligible entity may submit to the Secretary comments that address the comments submitted by the State educational agency.

‘‘(d) COMMENT CONSIDERATION.—In making awards under this

subpart the Secretary shall take into consideration comments made

by a State educational agency.

‘‘(e) SPECIAL RULE.—

‘‘(1) OUTREACH AND TECHNICAL ASSISTANCE.—The Secretary

shall provide for outreach and technical assistance to institutions of higher education eligible for assistance under title

III of the Higher Education Act of 1965 and institutions of

higher education that are operated or funded by the Bureau

of Indian Affairs to facilitate the participation of such institutions in activities under this part.

‘‘(2) DISTRIBUTION RULE.—In making awards under this

subpart, the Secretary, consistent with subsection (d), shall

ensure adequate representation of Hispanic-serving institutions

that demonstrate competence and experience in the programs

and activities authorized under this subpart and are otherwise

qualified.

‘‘SEC. 7147. PROGRAM REQUIREMENTS.

‘‘Activities conducted under this subpart shall assist educational

personnel in meeting State and local certification requirements

for bilingual education and, wherever possible, shall lead toward

the awarding of college or university credit.

‘‘SEC. 7148. STIPENDS.

‘‘The Secretary shall provide for the payment of such stipends

(including allowances for subsistence and other expenses for such

persons and their dependents), as the Secretary determines to be

appropriate, to persons participating in training programs under

this subpart.

‘‘SEC. 7149. PROGRAM EVALUATIONS.

‘‘Each recipient of funds under this subpart shall provide the

Secretary with an evaluation of the program assisted under this

subpart every two years. Such evaluation shall include data on—

‘‘(1) post-program placement of persons trained in a program assisted under this subpart;

‘‘(2) how the training relates to the employment of persons

served by the program;

‘‘(3) program completion; and

‘‘(4) such other information as the Secretary may require.

‘‘SEC. 7150. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.

‘‘Awards under this subpart may be used to develop a program

participant’s competence in a second language for use in instructional programs.

‘‘Subpart 4—Transition

‘‘SEC. 7161. SPECIAL RULE.

‘‘Notwithstanding any other provision of law, no recipient of

a grant under title VII of this Act (as such title was in effect

on the day preceding the date of enactment of the Improving Ameri-
H. R. 6—220

ca’s Schools Act of 1994) shall be eligible for fourth- and fifthyear renewals authorized by section 7021(d)(1)(C) of such title (as

such section was in effect on the day preceding the date of enactment of such Act).

‘‘PART B—FOREIGN LANGUAGE ASSISTANCE

PROGRAM

‘‘SEC. 7201. SHORT TITLE.

‘‘This part may be cited as the ‘Foreign Language Assistance

Act of 1994’.

‘‘SEC. 7202. FINDINGS.

‘‘The Congress finds as follows:

‘‘(1) Foreign language proficiency is crucial to our Nation’s

economic competitiveness and national security. Significant

improvement in the quantity and quality of foreign language

instruction offered in our Nation’s elementary and secondary

schools is necessary.

‘‘(2) All Americans need a global perspective. To understand

the world around us, we must acquaint ourselves with the

languages, cultures, and history of other nations.

‘‘(3) Proficiency in two or more languages should be promoted for all American students. Multilingualism enhances

cognitive and social growth, competitiveness in the global

marketplace, national security, and understanding of diverse

people and cultures.

‘‘(4) The United States lags behind other developed countries in offering foreign language study to elementary and

secondary school students. ‘‘(5) Four out of five new jobs in the United States are

created from foreign trade. ‘‘(6) The optimum time to begin learning a second language

is in elementary school, when children have the ability to

learn and excel in several foreign language acquisition skills,

including pronunciation, and when children are most open to

appreciating and valuing a culture other than their own. ‘‘(7) Foreign language study can increase childrens’ capacity

for critical and creative thinking skills and children who study

a second language show greater cognitive development in areas

such as mental flexibility, creativity, tolerance, and higher order

thinking skills. ‘‘(8) Children who have studied a foreign language in

elementary school achieve expected gains and score higher on

standardized tests of reading, language arts, and mathematics

than children who have not studied a foreign language.

‘‘SEC. 7203. PROGRAM AUTHORIZED.

‘‘(a) PROGRAM AUTHORITY.—

‘‘(1) IN GENERAL.—The Secretary shall make grants, on

a competitive basis, to State educational agencies or local educational agencies to pay the Federal share of the cost of innovative model programs providing for the establishment,

improvement or expansion of foreign language study for

elementary and secondary school students.

‘‘(2) DURATION.—Each grant under paragraph (1) shall be

awarded for a period of three years.
H. R. 6—221

‘‘(b) REQUIREMENTS.—

‘‘(1) GRANTS TO STATE EDUCATIONAL AGENCIES.—In awarding a grant under subsection (a) to a State educational agency,

the Secretary shall support programs that promote systemic

approaches to improving foreign language learning in the State.

‘‘(2) GRANTS TO LOCAL EDUCATIONAL AGENCIES.—In awarding a grant under subsection (a) to a local educational agency,

the Secretary shall support programs that—

‘‘(A) show the promise of being continued beyond the

grant period;

‘‘(B) demonstrate approaches that can be disseminated

and duplicated in other local educational agencies; and

‘‘(C) may include a professional development component.

‘‘(c) FEDERAL SHARE.—

‘‘(1) IN GENERAL.—The Federal share for each fiscal year

shall be 50 percent.

‘‘(2) WAIVER.—The Secretary may waive the requirement

of paragraph (1) for any local educational agency which the

Secretary determines does not have adequate resources to pay

the non-Federal share of the cost of the activities assisted

under this part.

‘‘(3) SPECIAL RULE.—Not less than three-fourths of the

funds appropriated under section 7206 shall be used for the

expansion of foreign language learning in the elementary

grades.

‘‘(4) RESERVATION.—The Secretary may reserve not more

than 5 percent of funds appropriated under section 7206 to

evaluate the efficacy of programs under this part.

‘‘SEC. 7204. APPLICATIONS.

‘‘(a) IN GENERAL.—Any State educational agency or local educational agency desiring a grant under this part shall submit an

application to the Secretary at such time, in such form, and containing such information and assurances as the Secretary may require. ‘‘(b) SPECIAL CONSIDERATION.—The Secretary shall give special

consideration to applications describing programs that— ‘‘(1) include intensive summer foreign language programs

for professional development;

‘‘(2) link non-native English speakers in the community

with the schools in order to promote two-way language learning;

or

‘‘(3) promote the sequential study of a foreign language

for students, beginning in elementary schools.

‘‘SEC. 7205. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE

PROGRAM.

‘‘(a) INCENTIVE PAYMENTS.—From amounts appropriated under

section 7206 the Secretary shall make an incentive payment for

each fiscal year to each public elementary school that provides

to students attending such school a program designed to lead to

communicative competency in a foreign language.

‘‘(b) AMOUNT.—The Secretary shall determine the amount of

the incentive payment under subsection (a) for each public

elementary school for each fiscal year on the basis of the number

of students participating in a program described in such subsection

at such school for such year compared to the total number of
H. R. 6—222

such students at all such schools in the United States for such

year.

‘‘(c) REQUIREMENT.—The Secretary shall consider a program

to be designed to lead to communicative competency in a foreign

language if such program is comparable to a program that provides

not less than 45 minutes of instruction in a foreign language not

less than four days per week throughout an academic year.

‘‘SEC. 7206. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated $35,000,000 for the

fiscal year 1995, and such sums as may be necessary for each

of the four succeeding fiscal years, to carry out this part, of which

not more than $20,000,000 may be used in each fiscal year to

carry out section 7205.

‘‘PART C—EMERGENCY IMMIGRANT

EDUCATION PROGRAM

‘‘SEC. 7301. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—The Congress finds that—

‘‘(1) the education of our Nation’s children and youth is

one of the most sacred government responsibilities;

‘‘(2) local educational agencies have struggled to fund adequately education services;

‘‘(3) in the case of Plyler v. Doe, the Supreme Court held

that States have a responsibility under the Equal Protection

Clause of the Constitution to educate all children, regardless

of immigration status; and

‘‘(4) immigration policy is solely a responsibility of the

Federal Government.

‘‘(b) PURPOSE.—The purpose of this part is to assist eligible

local educational agencies that experience unexpectedly large

increases in their student population due to immigration to—

‘‘(1) provide high-quality instruction to immigrant children

and youth; and

‘‘(2) help such children and youth—

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

‘‘(B) meet the same challenging State performance

standards expected of all children and youth.

‘‘SEC. 7302. STATE ADMINISTRATIVE COSTS.

‘‘For any fiscal year, a State educational agency may reserve

not more than 1.5 percent of the amount allocated to such agency

under section 7304 to pay the costs of performing such agency’s

administrative functions under this part.

‘‘SEC. 7303. WITHHOLDING.

‘‘Whenever the Secretary, after providing reasonable notice and

opportunity for a hearing to any State educational agency, finds

that there is a failure to meet the requirement of any provision

of this part, the Secretary shall notify that agency that further

payments will not be made to the agency under this part, or

in the discretion of the Secretary, that the State educational agency

shall not make further payments under this part to specified local

educational agencies whose actions cause or are involved in such

failure until the Secretary is satisfied that there is no longer any

such failure to comply. Until the Secretary is so satisfied, no further
H. R. 6—223

payments shall be made to the State educational agency under

this part, or payments by the State educational agency under this

part shall be limited to local educational agencies whose actions

did not cause or were not involved in the failure, as the case

may be.

‘‘SEC. 7304. STATE ALLOCATIONS.

‘‘(a) PAYMENTS.—The Secretary shall, in accordance with the

provisions of this section, make payments to State educational

agencies for each of the fiscal years 1995 through 1999 for the

purpose set forth in section 7301(b).

‘‘(b) ALLOCATIONS.—

‘‘(1) IN GENERAL.—Except as provided in subsections (c)

and (d), of the amount appropriated for each fiscal year for

this part, each State participating in the program assisted

under this part shall receive an allocation equal to the proportion of such State’s number of immigrant children and youth

who are enrolled in public elementary or secondary schools

under the jurisdiction of each local educational agency described

in paragraph (2) within such State, and in nonpublic elementary

or secondary schools within the district served by each such

local educational agency, relative to the total number of

immigrant children and youth so enrolled in all the States

participating in the program assisted under this part.

‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.—The local

educational agencies referred to in paragraph (1) are those

local educational agencies in which the sum of the number

of immigrant children and youth who are enrolled in public

elementary or secondary schools under the jurisdiction of such

agencies, and in nonpublic elementary or secondary schools

within the districts served by such agencies, during the fiscal

year for which the payments are to be made under this part,

is equal to—

‘‘(A) at least 500; or

‘‘(B) at least 3 percent of the total number of students

enrolled in such public or nonpublic schools during such

fiscal year,

whichever number is less.

‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND YOUTH.— ‘‘(1) IN GENERAL.—Determinations by the Secretary under

this section for any period with respect to the number of

immigrant children and youth shall be made on the basis

of data or estimates provided to the Secretary by each State

educational agency in accordance with criteria established by

the Secretary, unless the Secretary determines, after notice

and opportunity for a hearing to the affected State educational

agency, that such data or estimates are clearly erroneous.

‘‘(2) SPECIAL RULE.—No such determination with respect

to the number of immigrant children and youth shall operate

because of an underestimate or overestimate to deprive any

State educational agency of the allocation under this section

that such State would otherwise have received had such determination been made on the basis of accurate data.

‘‘(d) REALLOCATION.—Whenever the Secretary determines that

any amount of a payment made to a State under this part for

a fiscal year will not be used by such State for carrying out the

purpose for which the payment was made, the Secretary shall
H. R. 6—224

make such amount available for carrying out such purpose to one

or more other States to the extent the Secretary determines that

such other States will be able to use such additional amount for

carrying out such purpose. Any amount made available to a State

from any appropriation for a fiscal year in accordance with the

preceding sentence shall, for purposes of this part, be regarded

as part of such State’s payment (as determined under subsection

(b)) for such year, but shall remain available until the end of

the succeeding fiscal year.

‘‘(e) RESERVATION OF FUNDS.—

‘‘(1) IN GENERAL.—Notwithstanding any other provision of

this part, if the amount appropriated to carry out this part

exceeds $50,000,000 for a fiscal year, a State educational agency

may reserve not more than 20 percent of such agency’s payment

under this part for such year to award grants, on a competitive

basis, to local educational agencies within the State as follows:

‘‘(A) At least one-half of such grants shall be made

available to eligible local educational agencies (as described

in subsection (b)(2)) within the State with the highest

numbers and percentages of immigrant children and youth.

‘‘(B) Funds reserved under this paragraph and not

made available under subparagraph (A) may be distributed

to local educational agencies within the State experiencing

a sudden influx of immigrant children and youth which

are otherwise not eligible for assistance under this part.

‘‘(2) USE OF GRANT FUNDS.—Each local educational agency

receiving a grant under paragraph (1) shall use such grant

funds to carry out the activities described in section 7307. ‘‘(3) INFORMATION.—Local educational agencies with the

highest number of immigrant children and youth receiving

funds under paragraph (1) may make information available

on serving immigrant children and youth to local educational

agencies in the State with sparse numbers of such children.

‘‘SEC. 7305. STATE APPLICATIONS.

‘‘(a) SUBMISSION.—No State educational agency shall receive

any payment under this part for any fiscal year unless such agency

submits an application to the Secretary at such time, in such

manner, and containing or accompanied by such information, as

the Secretary may reasonably require. Each such application shall— ‘‘(1) provide that the educational programs, services, and

activities for which payments under this part are made will

be administered by or under the supervision of the agency; ‘‘(2) provide assurances that payments under this part will

be used for purposes set forth in sections 7301 and 7307,

including a description of how local educational agencies receiving funds under this part will use such funds to meet such

purposes and will coordinate with other programs assisted

under this Act, the Goals 2000: Educate America Act, and

other Acts as appropriate;

‘‘(3) provide an assurance that local educational agencies

receiving funds under this part will coordinate the use of such

funds with programs assisted under part A or title I;

‘‘(4) provide assurances that such payments, with the exception of payments reserved under section 7304(e), will be distributed among local educational agencies within that State on

the basis of the number of immigrant children and youth
H. R. 6—225

counted with respect to each such local educational agency

under section 7304(b)(1);

‘‘(5) provide assurances that the State educational agency

will not finally disapprove in whole or in part any application

for funds received under this part without first affording the

local educational agency submitting an application for such

funds reasonable notice and opportunity for a hearing;

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

reasonably require to perform the Secretary’s functions under

this part;

‘‘(7) provide assurances—

‘‘(A) that to the extent consistent with the number

of immigrant children and youth enrolled in the nonpublic

elementary or secondary schools within the district served

by a local educational agency, such agency, after consultation with appropriate officials of such schools, shall provide

for the benefit of such children and youth secular, neutral,

and nonideological services, materials, and equipment necessary for the education of such children and youth;

‘‘(B) that the control of funds provided under this part

to any materials, equipment, and property repaired,

remodeled, or constructed with those funds shall be in

a public agency for the uses and purposes provided in

this part, and a public agency shall administer such funds

and property; and

‘‘(C) that the provision of services pursuant to this

paragraph shall be provided by employees of a public

agency or through contract by such public agency with

a person, association, agency, or corporation who or which,

in the provision of such services, is independent of such

nonpublic elementary or secondary school and of any religious organization, and such employment or contract shall

be under the control and supervision of such public agency,

and the funds provided under this paragraph shall not

be commingled with State or local funds;

‘‘(8) provide that funds reserved under subsection (e) of

section 7304 be awarded on a competitive basis based on merit

and need in accordance with such subsection; and

‘‘(9) provide an assurance that State and local educational

agencies receiving funds under this part will comply with the

requirements of section 1120(b).

‘‘(b) APPLICATION REVIEW.—

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

agencies.

‘‘(2) APPROVAL.—The Secretary shall approve any application submitted by a State educational agency that meets the

requirements of this section.

‘‘(3) DISAPPROVAL.—The Secretary shall disapprove any

application submitted by a State educational agency which

does not meet the requirements of this section, but shall not

finally disapprove an application except after providing reasonable notice, technical assistance, and an opportunity for a hearing to the State.
H. R. 6—226

‘‘SEC. 7306. ADMINISTRATIVE PROVISIONS.

‘‘(a) NOTIFICATION OF AMOUNT.—The Secretary, not later than

June 1 of each year, shall notify each State educational agency

that has an application approved under section 7305 of the amount

of such agency’s allocation under section 7304 for the succeeding

year.‘‘(b) SERVICES TO CHILDREN ENROLLED IN NONPUBLIC

SCHOOLS.—If by reason of any provision of law a local educational

agency is prohibited from providing educational services for children

enrolled in elementary and secondary nonpublic schools, as required

by section 7305(a)(7), or if the Secretary determines that a local

educational agency has substantially failed or is unwilling to provide

for the participation on an equitable basis of children enrolled

in such schools, the Secretary may waive such requirement and

shall arrange for the provision of services, subject to the requirements of this part, to such children. Such waivers shall be subject

to consultation, withholding, notice, and judicial review requirements in accordance with the provisions of title I.

‘‘SEC. 7307. USES OF FUNDS.

‘‘(a) USE OF FUNDS.—Funds awarded under this part shall

be used to pay for enhanced instructional opportunities for

immigrant children and youth, which may include—

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

designed to assist parents to become active participants in

the education of their children;

‘‘(2) salaries of personnel, including teacher aides who have

been specifically trained, or are being trained, to provide services to immigrant children and youth; ‘‘(3) tutorials, mentoring, and academic or career counseling

for immigrant children and youth; ‘‘(4) identification and acquisition of curricular materials,

educational software, and technologies to be used in the

program; ‘‘(5) basic instructional services which are directly attributable to the presence in the school district of immigrant children, including the costs of providing additional classroom

supplies, overhead costs, costs of construction, acquisition or

rental of space, costs of transportation, or such other costs

as are directly attributable to such additional basic instructional services; and

‘‘(6) such other activities, related to the purposes of this

part, as the Secretary may authorize.

‘‘(b) CONSORTIA.—A local educational agency that receives a

grant under this part may collaborate or form a consortium with

one or more local educational agencies, institutions of higher education, and nonprofit organizations to carry out the program

described in an application approved under this part.

‘‘(c) SUBGRANTS.—A local educational agency that receives a

grant under this part may, with the approval of the Secretary,

make a subgrant to, or enter into a contract with, an institution

of higher education, a nonprofit organization, or a consortium of

such entities to carry out a program described in an application

approved under this part, including a program to serve out-ofschool youth.

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

to prohibit a local educational agency from serving immigrant chil-
H. R. 6—227

dren simultaneously with students with similar educational needs,

in the same educational settings where appropriate.

‘‘SEC. 7308. REPORTS.

‘‘(a) BIENNIAL REPORT.—Each State educational agency receiving funds under this part shall submit, once every two years,

a report to the Secretary concerning the expenditure of funds by

local educational agencies under this part. Each local educational

agency receiving funds under this part shall submit to the State

educational agency such information as may be necessary for such

report.

‘‘(b) REPORT TO CONGRESS.—The Secretary shall submit, once

every two years, a report to the appropriate committees of the

Congress concerning programs assisted under this part in accordance with section 14701.

‘‘SEC. 7309. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this part, there are authorized

to be appropriated $100,000,000 for fiscal year 1995 and such

sums as may be necessary for each of the four succeeding fiscal

years.

‘‘PART D—ADMINISTRATION

‘‘SEC. 7401. RELEASE TIME.

‘‘The Secretary shall allow professional development programs

funded under part A to use funds provided under part A for professional release time to enable individuals to participate in programs

assisted under part A.

‘‘SEC. 7402. EDUCATION TECHNOLOGY.

‘‘Funds made available under part A may be used to provide

for the acquisition or development of education technology or

instructional materials, including authentic materials in languages

other than English, access to and participation in electronic networks for materials, training and communications, and incorporation of such resources in curricula and programs such as those

funded under this title.

‘‘SEC. 7403. NOTIFICATION.

‘‘The State educational agency, and when applicable, the State

board for postsecondary education, shall be notified within three

working days of the date an award under part A is made to

an eligible entity within the State.

‘‘SEC. 7404. CONTINUED ELIGIBILITY.

‘‘Entities receiving grants under this title shall remain eligible

for grants for subsequent activities which extend or expand and

do not duplicate those activities supported by a previous grant

under this title. In considering applications for grants under this

title, the Secretary shall take into consideration the applicant’s

record of accomplishments under previous grants under this title.

‘‘SEC. 7405. COORDINATIONS AND REPORTING REQUIREMENTS.

‘‘(a) COORDINATION WITH RELATED PROGRAMS.—In order to

maximize Federal efforts aimed at serving the educational needs

of children and youth of limited-English proficiency, the Secretary

shall coordinate and ensure close cooperation with other programs
H. R. 6—228

serving language-minority and limited English proficient students

that are administered by the Department and other agencies. The

Secretary shall consult with the Secretary of Labor, the Secretary

of Health and Human Services, the Secretary of Agriculture, the

Attorney General and the heads of other relevant agencies to identify and eliminate barriers to appropriate coordination of programs

that affect language-minority and limited English proficient students and their families. The Secretary shall provide for continuing

consultation and collaboration, between the Office and relevant

programs operated by the Department, including programs under

title I and other programs under this Act, in planning, contracts,

providing joint technical assistance, providing joint field monitoring

activities and in other relevant activities to ensure effective program

coordination to provide high quality education opportunities to all

language-minority and limited English proficient students.

‘‘(b) DATA.—The Secretary shall, to the extent feasible, ensure

that all data collected by the Department shall include the collection

and reporting of data on limited English proficient students. ‘‘(c) PUBLICATION OF PROPOSALS.—The Secretary shall publish

and disseminate all requests for proposals for programs funded

under part A.

‘‘(d) REPORT.—The Director shall prepare and, not later than

February 1 of every other year, shall submit to the Secretary

and to the Committee on Labor and Human Resources of the

Senate and to the Committee on Education and Labor of the House

of Representatives a report on—

‘‘(1) the activities carried out under this title and the

effectiveness of such activities in improving the education provided to limited English proficient children and youth;

‘‘(2) a critical synthesis of data reported by the States

pursuant to section 7134;

‘‘(3) an estimate of the number of certified bilingual education personnel in the field and an estimate of the number

of bilingual education teachers which will be needed for the

succeeding five fiscal years;

‘‘(4) the major findings of research carried out under this

title; and

‘‘(5) recommendations for further developing the capacity

of our Nation’s schools to educate effectively limited English

proficient students.

‘‘PART E—GENERAL PROVISIONS

‘‘SEC. 7501. DEFINITIONS; REGULATIONS.

‘‘Except as otherwise provided, for purposes of this title—

‘‘(1) BILINGUAL EDUCATION PROGRAM.—The term ‘bilingual

education program’ means an educational program for limited

English proficient students that—

‘‘(A) makes instructional use of both English and a

student’s native language;

‘‘(B) enables limited English proficient students to

achieve English proficiency and academic mastery of subject matter content and higher order skills, including critical thinking, so as to meet age-appropriate grade-promotion

and graduation standards in concert with the National

Education Goals;
H. R. 6—229

‘‘(C) may also develop the native language skills of

limited English proficient students, or ancestral languages

of American Indians, Alaska Natives, Native Hawaiians

and native residents of the outlying areas; and

‘‘(D) may include the participation of English-proficient

students if such program is designed to enable all enrolled

students to become proficient in English and a second

language.

‘‘(2) CHILDREN AND YOUTH.—The term ‘children and youth’

means individuals aged 3 through 21.

‘‘(3) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a private nonprofit organization

of demonstrated effectiveness or Indian tribe or tribally sanctioned educational authority which is representative of a

community or significant segments of a community and which

provides educational or related services to individuals in the

community. Such term includes Native Hawaiian organizations

including Native Hawaiian Educational Organizations as such

term is defined in section 4009 of the Augustus F. HawkinsRobert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (20 U.S.C. 4901 et seq.), as such

Act was in effect on the day preceding the date of enactment

of the Improving America’s Schools Act of 1994.

‘‘(4) COMMUNITY COLLEGE.—The term ‘community college’

means an institution of higher education as defined in section

1201(a) of the Higher Education Act of 1965 which provides

not less than a two-year program which is acceptable for full

credit toward a bachelor’s degree, including institutions receiving assistance under the Tribally Controlled Community College Assistance Act of 1978. ‘‘(5) DIRECTOR.—The term ‘Director’ means the Director

of the Office of Bilingual Education and Minority Languages

Affairs established under section 210 of the Department of

Education Organization Act. ‘‘(6) FAMILY EDUCATION PROGRAM.—(A) The term ‘family

education program’ means a bilingual education or special alternative instructional program that— ‘‘(i) is designed— ‘‘(I) to help limited English proficient adults and

out-of-school youths achieve proficiency in the English

language; and ‘‘(II) to provide instruction on how parents and

family members can facilitate the educational achievement of their children;

‘‘(ii) when feasible, uses instructional programs such

as the models developed under the Even Start Family

Literacy Programs, which promote adult literacy and train

parents to support the educational growth of their children

and the Parents as Teachers Program and the Home

Instruction Program for Preschool Youngsters; and

‘‘(iii) gives preference to participation by parents and

immediate family members of children attending school.

‘‘(B) Such term may include programs that provide instruction to facilitate higher education and employment outcomes.

‘‘(7) IMMIGRANT CHILDREN AND YOUTH.—The term

‘immigrant children and youth’ means individuals who—

‘‘(A) are aged 3 through 21;
H. R. 6—230

‘‘(B) were not born in any State; and

‘‘(C) have not been attending one or more schools in

any one or more States for more than three full academic

years.

‘‘(8) LIMITED ENGLISH PROFICIENCY AND LIMITED ENGLISH

PROFICIENT.—The terms ‘limited English proficiency’ and ‘limited English proficient’, when used with reference to an individual, mean an individual—

‘‘(A) who—

‘‘(i) was not born in the United States or whose

native language is a language other than English and

comes from an environment where a language other

than English is dominant; or

‘‘(ii) is a Native American or Alaska Native or

who is a native resident of the outlying areas and

comes from an environment where a language other

than English has had a significant impact on such

individual’s level of English language proficiency; or

‘‘(iii) is migratory and whose native language is

other than English and comes from an environment

where a language other than English is dominant;

and

‘‘(B) who has sufficient difficulty speaking, reading,

writing, or understanding the English language and whose

difficulties may deny such individual the opportunity to

learn successfully in classrooms where the language of

instruction is English or to participate fully in our society.

‘‘(9) NATIVE AMERICAN AND NATIVE AMERICAN LANGUAGE.—

The terms ‘Native American’ and ‘Native American language’

shall have the same meaning given such terms in section 103

of the Native American Languages Act of 1990.

‘‘(10) NATIVE HAWAIIAN OR NATIVE AMERICAN PACIFIC

ISLANDER NATIVE LANGUAGE EDUCATIONAL ORGANIZATION.—The

term ‘Native Hawaiian or Native American Pacific Islander

native language educational organization’ means a nonprofit

organization with a majority of its governing board and employees consisting of fluent speakers of the traditional Native American languages used in their educational programs and with

not less than five years successful experience in providing educational services in traditional Native American languages.

‘‘(11) NATIVE LANGUAGE.—The term ‘native language’, when

used with reference to an individual of limited-English proficiency, means the language normally used by such individual,

or in the case of a child or youth, the language normally

used by the parents of the child or youth.

‘‘(12) OFFICE.—The term ‘Office’ means the Office of Bilingual Education and Minority Languages Affairs.

‘‘(13) OTHER PROGRAMS FOR PERSONS OF LIMITED-ENGLISH

PROFICIENCY.—The term ‘other programs for persons of limitedEnglish proficiency’ means any programs administered by the

Secretary that serve persons of limited-English proficiency.

‘‘(14) PARAPROFESSIONAL.—The term ‘paraprofessional’

means an individual who is employed in preschool, elementary

or secondary school under the supervision of a certified or

licensed teacher, including individuals employed in bilingual

education, special education and migrant education.
H. R. 6—231

‘‘(15) SPECIAL ALTERNATIVE INSTRUCTIONAL PROGRAM.—The

term ‘special alternative instructional program’ means an educational program for limited English proficient students that—

‘‘(A) utilizes specially designed English language curricula and services but does not use the student’s native

language for instructional purposes;

‘‘(B) enables limited English proficient students to

achieve English proficiency and academic mastery of subject matter content and higher order skills, including critical thinking so as to meet age-appropriate grade-promotion

and graduation standards in concert with the National

Education Goals; and

‘‘(C) is particularly appropriate for schools where the

diversity of the limited English proficient students’ native

languages and the small number of students speaking each

respective language makes bilingual education impractical

and where there is a critical shortage of bilingual education

teachers.

‘‘SEC. 7502. REGULATIONS AND NOTIFICATION.

‘‘(a) REGULATION RULE.—In developing regulations under this

title, the Secretary shall consult with State and local educational

agencies, organizations representing limited English proficient

individuals, and organizations representing teachers and other

personnel involved in bilingual education.

‘‘(b) PARENTAL NOTIFICATION.—

‘‘(1) IN GENERAL.—Parents of children and youth participating in programs assisted under part A shall be informed of— ‘‘(A) a student’s level of English proficiency, how such

level was assessed, the status of a student’s academic

achievement and the implications of a student’s educational

strengths and needs for age and grade appropriate academic attainment, promotion, and graduation; ‘‘(B) what programs are available to meet the student’s

educational strengths and needs and how the programs

differ in content and instructional goals, and in the case

of a student with a disability, how the program meets

the objectives of a student’s individualized education program; and ‘‘(C) the instructional goals of the bilingual education

or special alternative instructional program, and how the

program will specifically help the limited English proficient

student acquire English and meet age-appropriate standards for grade-promotion and graduation, including— ‘‘(i) the benefits, nature, and past academic results

of the bilingual educational program and of the instructional alternatives; and

‘‘(ii) the reasons for the selection of their child

as being in need of bilingual education.

‘‘(2) OPTION TO DECLINE.—(A) Such parents shall also be

informed that such parents have the option of declining enrollment of their children and youth in such programs and shall

be given an opportunity to so decline if such parents so choose.

‘‘(B) A local educational agency shall not be relieved of

any of its obligations under title VI of the Civil Rights Act

of 1964 because parents choose not to enroll their children

in bilingual education programs.
H. R. 6—232

‘‘(3) RECEIPT OF INFORMATION.—Such parents shall receive,

in a manner and form understandable to such parents, including, if necessary and to the extent feasible, in the native language of such parents, the information required by this

subsection. At a minimum, such parents shall receive—

‘‘(A) timely information about projects funded under

part A; and

‘‘(B) if the parents of participating children so desire,

notice of opportunities for regular meetings for the purpose

of formulating and responding to recommendations from

such parents.

‘‘(4) SPECIAL RULE.—Students shall not be admitted to or

excluded from any federally assisted education program merely

on the basis of a surname or language-minority status.

‘‘TITLE VIII—IMPACT AID

‘‘SEC. 8001. PURPOSE.

‘‘In order to fulfill the Federal responsibility to assist with

the provision of educational services to federally connected children,

because certain activities of the Federal Government place a financial burden on the local educational agencies serving areas where

such activities are carried out, and to help such children meet

challenging State standards, it is the purpose of this title to provide

financial assistance to local educational agencies that—

‘‘(1) experience a substantial and continuing financial burden due to the acquisition of real property by the United

States;

‘‘(2) educate children who reside on Federal property and

whose parents are employed on Federal property;

‘‘(3) educate children of parents who are in the military

services and children who live in low-rent housing;

‘‘(4) educate heavy concentrations of children whose parents

are civilian employees of the Federal Government and do not

reside on Federal property;

‘‘(5) experience sudden and substantial increases or

decreases in enrollments because of military realignments; or

‘‘(6) need special assistance with capital expenditures for

construction activities because of the enrollments of substantial

numbers of children who reside on Federal lands.

‘‘SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL

PROPERTY.

‘‘(a) IN GENERAL.—Where the Secretary, after consultation with

any local educational agency and with the appropriate State educational agency, determines for a fiscal year ending prior to October

1, 1999—

‘‘(1) that the United States owns Federal property in the

local educational agency, and that such property—

‘‘(A) has been acquired by the United States since

1938;

‘‘(B) was not acquired by exchange for other Federal

property in the local educational agency which the United

States owned before 1939; and
H. R. 6—233

‘‘(C) had an assessed value (determined as of the time

or times when so acquired) aggregating 10 percent or more

of the assessed value of—

‘‘(i) all real property in the local educational agency

(similarly determined as of the time or times when

such Federal property was so acquired); or

‘‘(ii) all real property in the local educational

agency as assessed in the first year preceding or

succeeding acquisition, whichever is greater, only if—

‘‘(I) the assessment of all real property in the

local educational agency is not made at the same

time or times that such Federal property was so

acquired and assessed; and

‘‘(II) State law requires an assessment be made

of property so acquired; and

‘‘(2) that such agency is not being substantially compensated for the loss in revenue resulting from such ownership

by increases in revenue accruing to the agency from the conduct

of Federal activities with respect to such Federal property,

then such agency shall be eligible to receive the amount described

in subsection (b).

‘‘(b) AMOUNT.—

‘‘(1) IN GENERAL.—(A)(i) The amount that a local educational agency shall be paid under subsection (a) for a fiscal

year shall be calculated in accordance with paragraph (2),

except that such amount shall be reduced by the Secretary

by an amount equal to the amount of revenue, if any, that

such agency received during the previous fiscal year from activities conducted on such Federal property. ‘‘(ii) For purposes of clause (i), the amount of revenue

that a local educational agency receives during the previous

fiscal year from activities conducted on Federal property shall

not include payments received by the agency from the Secretary

of Defense to support—

‘‘(I) the operation of a domestic dependent elementary

or secondary school; or ‘‘(II) the provision of a free public education to dependents of members of the Armed Forces residing on or near

a military installation.

‘‘(B) If funds appropriated under section 8014(a) are insufficient to pay the amount determined under subparagraph (A),

the Secretary shall ratably reduce the payment to each eligible

local educational agency. ‘‘(C) Notwithstanding any other provision of this subsection,

a local educational agency may not be paid an amount under

this section that, when added to the amount such agency

receives under section 8003(b), exceeds the maximum amount

that such agency is eligible to receive for such fiscal year

under section 8003(b)(1)(C).

‘‘(2) APPLICATION OF CURRENT LEVIED REAL PROPERTY TAX

RATE.—In calculating the amount that a local educational

agency is eligible to receive for a fiscal year, the Secretary

shall apply the current levied real property tax rate for current

expenditures levied by fiscally independent local educational

agencies, or imputed for fiscally dependent local educational

agencies, to the current annually determined aggregate

assessed value of such acquired Federal property.
H. R. 6—234

‘‘(3) DETERMINATION OF AGGREGATE ASSESSED VALUE.—

Such aggregate assessed value of such acquired Federal property shall be determined on the basis of the highest and best

use of property adjacent to such acquired Federal property

as of the time such value is determined, and provided to the

Secretary, by the local official responsible for assessing the

value of real property located in the jurisdiction of such local

educational agency for the purpose of levying a property tax.

‘‘(c) APPLICABILITY TO TENNESSEE VALLEY AUTHORITY ACT.—

For the purpose of this section, any real property with respect

to which payments are being made under section 13 of the Tennessee Valley Authority Act of 1933 shall not be regarded as Federal

property.

‘‘(d) OWNERSHIP BY UNITED STATES.—The United States shall

be deemed to own Federal property for the purposes of this Act,

where—

‘‘(1) prior to the transfer of Federal property, the United

States owned Federal property meeting the requirements of

subparagraphs (A), (B), and (C) of subsection (a)(1); and

‘‘(2) the United States transfers a portion of the property

referred to in paragraph (1) to another nontaxable entity, and

the United States—

‘‘(A) restricts some or any construction on such property;

‘‘(B) requires that the property be used in perpetuity

for the public purposes for which the property was conveyed;

‘‘(C) requires the grantee of the property to report to the Federal Government (or its agent) regarding information on the use of the property; ‘‘(D) except with the approval of the Federal Government (or its agent), prohibits the sale, lease, assignment,

or other disposal of the property unless such sale, lease,

assignment, or other disposal is to another eligible government agency; and ‘‘(E) reserves to the Federal Government a right of reversion at any time the Federal Government (or its agent)

deems it necessary for the national defense. ‘‘(e) LOCAL EDUCATIONAL AGENCY CONTAINING FOREST SERVICE

LAND AND SERVING CERTAIN COUNTIES.—Beginning with fiscal year

1995, a local educational agency shall be deemed to meet the

requirements of subsection (a)(1)(C) if such local educational agency

meets the following requirements: ‘‘(1) ACREAGE AND ACQUISITION BY THE FOREST SERVICE.— The local educational agency serves a school district that contains between 20,000 and 60,000 acres of land that has been

acquired by the Forest Service of the Department of Agriculture

between 1915 and 1990, as demonstrated by written evidence

from the Forest Service satisfactory to the Secretary.

‘‘(2) COUNTY CHARTER.—The local educational agency serves

a county chartered under State law in 1875 or 1890.

‘‘(f) SPECIAL RULE.—Beginning with fiscal year 1994, and notwithstanding any other provision of law limiting the period during

which fiscal year 1994 funds may be obligated, the Secretary shall

treat the local educational agency serving the Wheatland R–II

School District, Wheatland, Missouri, as meeting the eligibility

requirements of section 2(a)(1)(C) of the Act of September 30, 1950
H. R. 6—235

(Public Law 874, 81st Congress) (as such section was in effect

on the day preceding the date of enactment of the Improving America’s Schools Act of 1994) (20 U.S.C. 237(a)(1)(C)) or subsection

(a)(1)(C).

‘‘SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

‘‘(a) COMPUTATION OF PAYMENT.—

‘‘(1) IN GENERAL.—For the purpose of computing the

amount that a local educational agency is eligible to receive

under subsection (b), (d), or (f) for any fiscal year, the Secretary

shall determine the number of children who were in average

daily attendance in the schools of such agency, and for whom

such agency provided free public education, during the preceding school year and who, while in attendance at such schools—

‘‘(A)(i) resided on Federal property with a parent

employed on Federal property situated in whole or in part

within the boundaries of the school district of such agency;

or

‘‘(ii) resided on Federal property with a parent who

is an official of, and accredited by, a foreign government

and is a foreign military officer;

‘‘(B) resided on Federal property and had a parent

on active duty in the uniformed services (as defined in

section 101 of title 37, United States Code);

‘‘(C) resided on Indian lands;

‘‘(D)(i) had a parent on active duty in the uniformed

services (as defined by section 101 of title 37, United States

Code) but did not reside on Federal property; or ‘‘(ii) had a parent who is an official of, and has been

accredited by, a foreign government and is a foreign military officer but did not reside on Federal property; ‘‘(E) resided in low-rent housing;

‘‘(F) resided on Federal property and is not described in subparagraph (A) or (B); or ‘‘(G) resided with a parent employed on Federal property situated— ‘‘(i) in whole or in part in the county in which

such agency is located, or in whole or in part in such

agency if such agency is located in more than one

county; or ‘‘(ii) if not in such county, in whole or in part

in the same State as such agency. ‘‘(2) DETERMINATION OF WEIGHTED STUDENT UNITS.—For

the purpose of computing the basic support payment under

subsection (b), the Secretary shall calculate the total number

of weighted student units for a local educational agency by

adding together the results obtained by the following computations:

‘‘(A) Multiply the number of children described in subparagraphs (A) and (B) of paragraph (1) by a factor of

1.0.

‘‘(B) Multiply the number of children described in paragraph (1)(C) by a factor of 1.25.

‘‘(C) Multiply the number of children described in subparagraphs (A) and (B) of paragraph (1) by a factor of

.35 if the local educational agency has—
H. R. 6—236

‘‘(i) a number of such children described in such

subparagraphs which exceeds 6,500; and

‘‘(ii) an average daily attendance for all children

which exceeds 100,000.

‘‘(D) Multiply the number of children described in subparagraphs (D) and (E) of paragraph (1) by a factor of

.10.

‘‘(E) Multiply the number of children described in subparagraphs (F) and (G) of paragraph (1) by a factor of

.05.

‘‘(3) SPECIAL RULE.—The Secretary shall only compute a

payment for a local educational agency for children described

in subparagraph (F) or (G) of paragraph (1) if the number

of such children equals or exceeds 2,000 and such number

equals or exceeds 15 percent of the total number of students

in average daily attendance in the schools of such agency.

‘‘(b) BASIC SUPPORT PAYMENTS AND PAYMENTS WITH RESPECT

TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—

‘‘(1) BASIC SUPPORT PAYMENTS.—

‘‘(A) IN GENERAL.—From the amount appropriated

under section 8014(b) for a fiscal year, the Secretary is

authorized to make basic support payments to eligible local

educational agencies with children described in subsection

(a).

‘‘(B) ELIGIBILITY.—A local educational agency is eligible

to receive a basic support payment under subparagraph

(A) for a fiscal year with respect to a number of children

determined under subsection (a)(1) only if the number of

children so determined with respect to such agency

amounts to the lesser of—

‘‘(i) at least 400 such children; or

‘‘(ii) a number of such children which equals at

least 3 percent of the total number of children who

were in average daily attendance, during such year,

at the schools of such agency and for whom such agency

provided free public education.

‘‘(C) MAXIMUM AMOUNT.—The maximum amount that

a local educational agency is eligible to receive under this

subsection for any fiscal year is the sum of the total

weighted student units, as computed under subsection

(a)(2), multiplied by the greater of— ‘‘(i) one-half of the average per-pupil expenditure

of the State in which the local educational agency

is located for the third fiscal year preceding the fiscal

year for which the determination is made;

‘‘(ii) one-half of the average per-pupil expenditure

of all of the States for the third fiscal year preceding

the fiscal year for which the determination is made;

‘‘(iii) the comparable local contribution rate certified by the State, as determined under regulations

prescribed to carry out the Act of September 30, 1950

(Public Law 874, 81st Congress), as such regulations

were in effect on January 1, 1994; or

‘‘(iv) the average per-pupil expenditure of the State

in which the local educational agency is located, multiplied by the local contribution percentage.
H. R. 6—237

‘‘(2) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH

INSUFFICIENT FUNDS ARE APPROPRIATED.—

‘‘(A) IN GENERAL.—For any fiscal year in which the

sums appropriated under section 8014(b) are insufficient

to pay to each local educational agency the full amount

computed under paragraph (1), the Secretary shall make

payments in accordance with this paragraph.

‘‘(B) LEARNING OPPORTUNITY THRESHOLD PAYMENTS.—

(i) For fiscal years described in subparagraph (A), the Secretary shall compute a learning opportunity threshold payment (hereafter in this title referred to as the ‘threshold

payment’) by multiplying the amount obtained under paragraph (1)(C) by the total percentage obtained by adding—

‘‘(I) the percentage of federally connected children

for each local educational agency determined by calculating the fraction, the numerator of which is the

total number of children described under subsection

(a)(1) and the denominator of which is the total number

of children in average daily attendance at the schools

served by such agency; and

‘‘(II) the percentage that funds under paragraph

(1)(C) represent of the total budget of the local educational agency, determined by calculating the fraction,

the numerator of which is the total amount of funds

calculated for each local educational agency under this

paragraph (not including amounts received under subsection (f)), and the denominator of which is the total

current expenditures for such agency in the second

preceding fiscal year for which the determination is

made.

‘‘(ii) Such total percentage used to calculate threshold

payments under paragraph (1) shall not exceed 100.

‘‘(iii) For the purpose of determining the percentages

described in subclauses (I) and (II) of clause (i) that are

applicable to the local educational agency providing free

public education to students in grades 9 through 12 residing

on Hanscom Air Force Base, Massachusetts, the Secretary

shall consider only that portion of such agency’s total enrollment of students in grades 9 through 12 when calculating

the percentage under such subclause (I) and only that

portion of the total current expenditures attributed to the

operation of grades 9 through 12 in such agency when

calculating the percentage under subclause (II).

‘‘(C) RATABLE DISTRIBUTION.—For fiscal years described

in subparagraph (A), the Secretary shall make payments

as a ratable distribution based upon the computation made

under subparagraph (B).

‘‘(c) PRIOR YEAR DATA.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2)

and subsection (f), all calculations under this section shall

be based on data for each local educational agency from not

later than the fiscal year preceding the fiscal year for which

the agency is making application for payment.

‘‘(2) EXCEPTION.—Calculations for a local educational

agency that is newly established by a State shall, for the

first year of operation of such agency, be based on data from
H. R. 6—238

the fiscal year for which the agency is making application

for payment.

‘‘(d) CHILDREN WITH DISABILITIES.—

‘‘(1) IN GENERAL.—From the amount appropriated under

section 8014(c) for a fiscal year, the Secretary shall pay to

each eligible local educational agency, on a pro rata basis,

the amounts determined by—

‘‘(A) multiplying the number of children described in

subparagraphs (A)(ii), (B) and (C) of subsection (a)(1) who

are eligible to receive services under the Individuals with

Disabilities Education Act (20 U.S.C. 1400 et seq.) by a

factor of 1.0; and

‘‘(B) multiplying the number of children described in

subparagraph (D) of subsection (a)(1) who are eligible to

receive services under such Act by a factor of 0.5.

‘‘(2) USE OF FUNDS.—A local educational agency that

receives funds under paragraph (1) shall use such funds to

provide a free appropriate public education to children described

in paragraph (1) in accordance with the Individuals with

Disabilities Education Act (20 U.S.C. 1400 et seq.).

‘‘(e) HOLD-HARMLESS AMOUNTS.—

‘‘(1) IN GENERAL.—(A) Except as provided in paragraph

(4)(A), the total amount that the Secretary shall pay a local

educational agency under subsection (b) shall not be less than

85 percent of the amount such agency received for the preceding

fiscal year—

‘‘(i) in the case of fiscal year 1995 only, under subsections (a) and (b) of section 3 of the Act of September

30, 1950 (Public Law 874, 81st Congress) (as such section

was in effect on the day preceding the date of enactment

of the Improving America’s Schools Act of 1994); or ‘‘(ii) in the case of fiscal years 1996, 1997, 1998, or 1999, under such subsection (b).

‘‘(B) For fiscal year 1995 only, the Secretary shall pay,

to each local educational agency that is not eligible for a payment under subsection (b) but that received a payment under

section 3 of the Act of September 30, 1950 (Public Law 874,

81st Congress) (as such Act was in effect on the day preceding

the date of enactment of the Improving America’s Schools Act

of 1994) for fiscal year 1994, an amount which is not less

than 85 percent of the payment such agency received under

such section 3 for fiscal year 1994. ‘‘(2) TWO-YEAR APPLICABILITY.—Paragraph (1)(A) shall

apply to any one local educational agency for a maximum

of two consecutive fiscal years.

‘‘(3) PHASE-OUT PAYMENT.—A local educational agency

which received a payment under section 3(e) of the Act of

September 30, 1950 (Public Law 874, 81st Congress) (as such

section was in effect on the day preceding the date of enactment

of the Improving America’s Schools Act of 1994) for fiscal year

1994 is eligible to receive a payment, under subsection (b)

for fiscal year 1995, in an amount which is not less than

85 percent of the amount received by such agency in fiscal

year 1994 under such section 3(e).

‘‘(4) RATABLE REDUCTIONS.—(A)(i) If necessary in order to

make payments to local educational agencies in accordance

with paragraphs (1) and (2), the Secretary first shall ratably
H. R. 6—239

reduce payments under subsection (b) to local educational agencies that do not receive a payment under this subsection.

‘‘(ii) If additional funds become available for making payments under subsection (b) for such fiscal year, payments that

were reduced under clause (i) shall be increased on the same

basis as such payments were reduced.

‘‘(B)(i) If the sums made available under this title for

any fiscal year are insufficient to pay the full amounts that

all local educational agencies in all States are eligible to receive

under paragraphs (1) and (2) after the application of subparagraph (A) for such year, the Secretary shall ratably reduce

payments to all such agencies for such year.

‘‘(ii) If additional funds become available for making payments under paragraphs (1) and (2) for such fiscal year, payments that were reduced under clause (i) shall be increased

on the same basis as such payments were reduced.

‘‘(f) ADDITIONAL ASSISTANCE FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.—

‘‘(1) RESERVATION.—From amounts appropriated under section 8014(b) for a fiscal year, the Secretary shall provide additional assistance to meet special circumstances relating to the

provision of education in local educational agencies eligible

to receive assistance under this section.

‘‘(2) ELIGIBILITY.—(A) A local educational agency is eligible

to receive additional assistance under this subsection only if

such agency—

‘‘(i)(I) has an enrollment of federally connected children

described in subsection (a)(1) which constitutes a percentage of the total student enrollment of such agency which

is not less than 50 percent if such agency receives a payment on behalf of children described in subparagraphs

(F) and (G) of such subsection, or not less than 40 percent

if such agency does not receive a payment on behalf of

such children; and

‘‘(II) has a tax rate for general fund purposes which

is at least 95 percent of the average tax rate for general

fund purposes of comparable local educational agencies

in the State;

‘‘(ii)(I) has an enrollment of federally connected chil- dren described in subsection (a)(1) which constitutes at

least 35 percent of the total student enrollment of such

agency; and ‘‘(II) has a tax rate for general fund purposes which

is at least 125 percent of the average tax rate for general

fund purposes of comparable local educational agencies

in the State; or

‘‘(iii) is a local educational agency whose boundaries

are the same as a Federal military installation.

‘‘(B) If the current expenditures in those local educational

agencies which the Secretary has determined to be generally

comparable to the local educational agency for which a computation is made under subsection (b)(1)(C) are not reasonably

comparable because of unusual geographical factors which

affect the current expenditures necessary to maintain, in such

agency, a level of education equivalent to that maintained

in such other agencies, then the Secretary shall increase the

local contribution rate for such agency by such an amount
H. R. 6—240

which the Secretary determines will compensate such agency

for the increase in current expenditures necessitated by such

unusual geographical factors. The amount of any such supplementary payment may not exceed the per-pupil share (computed with regard to all children in average daily attendance),

as determined by the Secretary, of the increased current

expenditures necessitated by such unusual geographic factors.

‘‘(C) Any local educational agency determined eligible under

clause (iii) of subparagraph (A) shall be deemed to have met

the tax effort requirements for eligibility under clause (i)(II)

or (ii)(II) of such subparagraph.

‘‘(3) MAXIMUM PAYMENTS.—

‘‘(A) IN GENERAL.—Subject to subparagraph (B), the

Secretary shall determine the maximum amount that a

local educational agency may receive under this subsection

in accordance with the following computations:

‘‘(i) The Secretary shall first determine the greater

of—

‘‘(I) the average per-pupil expenditure of the

State in which the local educational agency is

located or the average per-pupil expenditure of

all the States;

‘‘(II) the average per-pupil expenditure of generally comparable local educational agencies

located in the State of the local educational agency,

as defined in regulations issued by the Secretary;

or

‘‘(III) the average per-pupil expenditure of

three generally comparable local educational agencies located in the State of the local educational

agency, as defined in regulations issued by the

Secretary.

‘‘(ii) The Secretary shall next subtract from the amount determined under clause (i) the average

amount of State aid per pupil received by the local

educational agency. ‘‘(iii) The Secretary shall next multiply the amount determined under clause (ii) by the total number of

students in average daily attendance at the schools

of the local educational agency as determined by the

Secretary under subsection (a)(1). ‘‘(iv) If the tax rate used by the local educational

agency is greater than 95 percent, but less than 100

percent, of the tax rate of comparable local educational

agencies, the Secretary shall next multiply the amount

determined under clause (iii) by the percentage that

the tax rate of the local educational agency is of—

‘‘(I) the average tax rate of its generally comparable local educational agencies; or

‘‘(II) the average tax rate of all the local educational agencies in the State in which the local

educational agency is located.

‘‘(v) The Secretary shall next subtract the total

amount of payments received by a local educational

agency under subsections (b) and (d) for a fiscal year

from the amount determined under clause (iii) or clause

(iv), as the case may be.
H. R. 6—241

‘‘(B) SPECIAL RULE.—With respect to payments under

this subsection for a local educational agency described

in clause (ii) or (iii) of paragraph (2)(A), the maximum

amount of such payments shall be computed by taking

the product of the average per-pupil expenditure in all

States multiplied by 0.7, except that such amount may

not exceed 125 percent of the average per-pupil expenditure

in all local educational agencies in the State.

‘‘(4) CURRENT YEAR DATA.—The Secretary shall, for purposes of providing assistance under this subsection, use—

‘‘(A) student and revenue data from the fiscal year

for which the local educational agency is applying for assistance under this subsection; and

‘‘(B) the most recent data available which is adjusted

to such fiscal year.

‘‘(5) REDUCTION IN PAYMENTS.—If funds appropriated to

carry out this subsection are insufficient to pay in full the

amounts determined under paragraph (3), the Secretary shall

ratably reduce the payment to each eligible local educational

agency.

‘‘(g) ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES

WITH HIGH CONCENTRATIONS OF CHILDREN WITH SEVERE DISABILITIES.—

‘‘(1) IN GENERAL.—If any local educational agency receives

Federal funds from sources other than this title to carry out

the purposes of this title for any fiscal year due to the enrollment of children described under subsection (a), then the Secretary shall consider such funds as a payment to such agency

under this part for such fiscal year. ‘‘(2) SPECIAL RULE.—Notwithstanding any other provision of law, if funds appropriated pursuant to section 8014(b) for

payments under subsection (b) to such agency for a fiscal year

which, when added to the funds described in paragraph (1)

received by such agency for such fiscal year, exceed the maximum amount described under subsection (b)(1)(C), then the

Secretary shall make available from the funds appropriated

under section 8014(b) for such fiscal year such excess amounts

to any local educational agency serving two or more children

described under subparagraph (B) or (D) of subsection (a)(1)

who have a severe disability and a parent serving in the uniformed services (as defined by section 101 of title 37, United

States Code) who is assigned to a particular permanent duty

station for compassionate reasons (compassionate post assignment) for the total costs associated with such children who

are provided an educational program provided outside the

schools of such agency.

‘‘(3) REMAINING FUNDS.—If funds remain after payments

are made under paragraph (2) for any fiscal year, then such

remaining funds shall be made available for expenditures under

subsection (d) in such fiscal year on a pro rata basis consistent

with the requirements of such subsection.

‘‘(4) RATABLE REDUCTIONS.—If amounts available to carry

out paragraph (2) for any fiscal year are insufficient to pay

in full the total payment that all eligible local educational

agencies are eligible to receive under such paragraph for such

year, then the Secretary shall ratably reduce such payments

to such agencies for such year.
H. R. 6—242

‘‘(h) OTHER FUNDS.—Notwithstanding any other provision of

law, a local educational agency receiving funds under this section

may also receive funds under section 6 of the Act of September

30, 1950 (Public Law 874, 81st Congress) (as such section was

in effect on the day preceding the date of enactment of the Improving America’s Schools Act of 1994) or such section’s successor

authority.

‘‘(i) MAINTENANCE OF EFFORT.—A local educational agency may

receive funds under sections 8002 and 8003(b) for any fiscal year

only if the State educational agency finds that either the combined

fiscal effort per student or the aggregate expenditures of that agency

and the State with respect to the provision of free public education

by that agency for the preceding fiscal year was not less than

90 percent of such combined fiscal effort or aggregate expenditures

for the second preceding fiscal year.

‘‘SEC. 8004. POLICIES AND PROCEDURES RELATING TO CHILDREN

RESIDING ON INDIAN LANDS.

‘‘(a) IN GENERAL.—A local educational agency that claims children residing on Indian lands for the purpose of receiving funds

under section 8003 shall establish policies and procedures to ensure

that—

‘‘(1) such children participate in programs and activities

supported by such funds on an equal basis with all other

children;

‘‘(2) parents of such children and Indian tribes are afforded

an opportunity to present their views on such programs and

activities, including an opportunity to make recommendations

on the needs of those children and how the local educational

agency may help such children realize the benefits of such

programs and activities; ‘‘(3) parents and Indian tribes are consulted and involved

in planning and developing such programs and activities; ‘‘(4) relevant applications, evaluations, and program plans

are disseminated to the parents and Indian tribes; and

‘‘(5) parents and Indian tribes are afforded an opportunity

to present their views to such agency regarding such agency’s

general educational program.

‘‘(b) RECORDS.—A local educational agency that claims children

residing on Indian lands for the purpose of receiving funds under

section 8003 shall maintain records demonstrating such agency’s

compliance with the requirements contained in subsection (a).

‘‘(c) WAIVER.—A local educational agency that claims children

residing on Indian lands for the purpose of receiving funds under

section 8003 shall not be required to comply with the requirements

of subsections (a) and (b) for any fiscal year with respect to any

Indian tribe from which such agency has received a written statement that the agency need not comply with those subsections

because the tribe is satisfied with the provision of educational

services by such agency to such children.

‘‘(d) TECHNICAL ASSISTANCE AND ENFORCEMENT.—The Secretary

shall—

‘‘(1) provide technical assistance to local educational agencies, parents, and Indian tribes to enable such agencies, parents, and tribes to carry out this section; and

‘‘(2) enforce this section through such actions, which may

include the withholding of funds, as the Secretary determines
H. R. 6—243

to be appropriate, after affording the affected local educational

agency, parents, and Indian tribe an opportunity to present

their views.

‘‘(e) COMPLAINTS.—

‘‘(1) IN GENERAL.—(A) Any tribe, or its designee, which

has students in attendance at a local educational agency may,

in its discretion and without regard to the requirements of

any other provision of law, file a written complaint with the

Secretary regarding any action of a local educational agency

taken pursuant to, or relevant to, the requirements of this

section.

‘‘(B) Within ten working days from receipt of a complaint,

the Secretary shall—

‘‘(i) designate a time and place for a hearing into the

matters relating to the complaint at a location in close

proximity to the local educational agency involved, or if

the Secretary determines there is good cause, at some

other location convenient to both the tribe, or its designee,

and the local educational agency;

‘‘(ii) designate a hearing examiner to conduct the hearing; and

‘‘(iii) notify the affected tribe or tribes and the local

educational agency involved of the time, place, and nature

of the hearing and send copies of the complaint to the

local educational agency and the affected tribe or tribes.

‘‘(2) HEARING.—The hearing shall be held within 30 days

of the designation of a hearing examiner and shall be open

to the public. A record of the proceedings shall be established

and maintained.

‘‘(3) EVIDENCE; RECOMMENDATIONS; COST.—The complaining tribe, or its designee, and the local educational agency

shall be entitled to present evidence on matters relevant to

the complaint and to make recommendations concerning the

appropriate remedial actions. Each party to the hearing shall

bear only its own costs in the proceedings.

‘‘(4) FINDINGS AND RECOMMENDATIONS.—Within 30 days

of the completion of the hearing, the hearing examiner shall,

on the basis of the record, make written findings of fact and

recommendations concerning appropriate remedial action, if

any, which should be taken. The hearing examiner’s findings

and recommendations, along with the hearing record, shall

be forwarded to the Secretary.

‘‘(5) WRITTEN DETERMINATION.—Within 30 days of the Secretary’s receipt of the findings, recommendations, and record,

the Secretary shall, on the basis of the record, make a written

determination of the appropriate remedial action, if any, to

be taken by the local educational agency, the schedule for

completion of the remedial action, and the reasons for the

Secretary’s decision.

‘‘(6) COPIES PROVIDED.—Upon completion of the Secretary’s

final determination, the Secretary shall provide the complaining

tribe, or its designee, and the local educational agency with

copies of the hearing record, the hearing examiner’s findings

and recommendations, and the Secretary’s final determination.

The final determination of the Secretary shall be subject to

judicial review.
H. R. 6—244

‘‘(7) CONSOLIDATION.—In all actions under this subsection,

the Secretary shall have discretion to consolidate complaints

involving the same tribe or local educational agency.

‘‘(8) WITHHOLDING.—If the local educational agency rejects

the determination of the Secretary, or if the remedy required

is not undertaken within the time established and the Secretary

determines that an extension of the time established will not

effectively encourage the remedy required, the Secretary shall

withhold payment of all moneys to which such local agency

is eligible under section 8003 until such time as the remedy

required is undertaken, except where the complaining tribe

or its designee formally requests that such funds be released

to the local educational agency, except that the Secretary may

not withhold such moneys during the course of the school

year if the Secretary determines that such withholding would

substantially disrupt the educational programs of the local

educational agency.

‘‘(9) REJECTION OF DETERMINATION.—If the local educational agency rejects the determination of the Secretary and

a tribe exercises the option under section 1101(d) of the Education Amendments of 1978, to have education services provided

either directly by the Bureau of Indian Affairs or by contract

with the Bureau of Indian Affairs, any Indian students affiliated with that tribe who wish to remain in attendance at

the local educational agency against whom the complaint which

led to the tribal action under such subsection (d) was lodged

may be counted with respect to that local educational agency

for the purpose of receiving funds under section 8003. In such

event, funds under such section shall not be withheld pursuant

to paragraph (8) and no further complaints with respect to

such students may be filed under paragraph (1).

‘‘(f) CONSTRUCTION.—This section is based upon the special

relationship between the Indian nations and the United States

and nothing in this section shall be construed to relieve any State

of any duty with respect to any citizens of that State.

‘‘SEC. 8005. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND

8003.

‘‘(a) IN GENERAL.—A local educational agency desiring to receive

a payment under section 8002 or 8003 shall—

‘‘(1) submit an application for such payment to the Secretary; and

‘‘(2) provide a copy of such application to the State educational agency.

‘‘(b) CONTENTS.—Each such application shall be submitted in

such form and manner, and shall contain such information, as

the Secretary may require, including—

‘‘(1) information to determine the eligibility of the local

educational agency for a payment and the amount of such

payment; and

‘‘(2) where applicable, an assurance that such agency is

in compliance with section 8004 (relating to children residing

on Indian lands).

‘‘(c) DEADLINE FOR SUBMISSION.—The Secretary shall establish

deadlines for the submission of applications under this section.

‘‘(d) APPROVAL.—
H. R. 6—245

‘‘(1) IN GENERAL.—The Secretary shall approve an application submitted under this section that—

‘‘(A) except as provided in paragraph (2), is filed by

the deadline established under subsection (c); and

‘‘(B) otherwise meets the requirements of this title.

‘‘(2) REDUCTION IN PAYMENT.—The Secretary shall approve

an application filed not more than 60 days after a deadline

established under subsection (c) that otherwise meets the

requirements of this title, except that, notwithstanding section

8003(e), the Secretary shall reduce the payment based on such

late application by 10 percent of the amount that would otherwise be paid.

‘‘(3) LATE APPLICATIONS.—The Secretary shall not accept

or approve any application that is filed more than 60 days

after a deadline established under subsection (c).

‘‘(4) STATE APPLICATION AUTHORITY.—Notwithstanding any

other provision of law, a State educational agency that had

been accepted as an applicant for funds under section 3 of

the Act of September 30, 1950 (Public Law 874, 81st Congress)

(as such section was in effect on the day preceding the date

of enactment of the Improving America’s Schools Act of 1994)

in fiscal year 1994 shall be permitted to continue as an

applicant under the same conditions by which such agency

made application during such fiscal year only if such State

educational agency distributes all funds received for the students for which application is being made by such State educational agency to the local educational agencies providing

educational services to such students.

‘‘SEC. 8006. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES

IN ATTENDANCE OF MILITARY DEPENDENTS.

‘‘(a) ELIGIBILITY.—A local educational agency is eligible for a

payment under this section if— ‘‘(1) the number of children in average daily attendance

during the school year for which the determination is made

is at least 10 percent or 100 more than the number of children

in average daily attendance in the school year preceding the

school year for which the determination is made; and ‘‘(2) the number of children in average daily attendance with a parent on active duty (as defined in section 101(18)

of title 37, United States Code) in the Armed Forces who

are in attendance at such agency because of the assignment

of their parent to a new duty station between May 15 and

September 30, inclusive, of the fiscal year for which the determination is made, as certified by an appropriate local official

of the Department of Defense, is at least 10 percent or 100

more than the number of children in average daily attendance

in the preceding school year.

‘‘(b) APPLICATION.—A local educational agency that wishes to

receive a payment under this section shall file an application with

the Secretary by October 15 of the school year for which payment

is requested, in such manner and containing such information as

the Secretary may prescribe, including information demonstrating

that such agency is eligible for such a payment.

‘‘(c) CHILDREN TO BE COUNTED.—For each eligible local educational agency that applies for a payment under this section,

the Secretary shall determine the lesser of—
H. R. 6—246

‘‘(1) the increase in the number of children in average

daily attendance from the school year preceding the fiscal year

for which the determination is made; and

‘‘(2) the number of children described in subsection (a)(2).

‘‘(d) PAYMENTS.—

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

from the amount appropriated for a fiscal year under section

8014(d), the Secretary shall pay each local educational agency

with an approved application an amount equal to one-half

of the national average per-pupil expenditure multiplied by

the number of such children determined under subsection (c)

for that local educational agency.

‘‘(2) RATABLE REDUCTION.—(A) If the amount appropriated

to carry out this section for any fiscal year is insufficient

to pay the full payment that all eligible local educational agencies are eligible to receive under this section for such year,

then the Secretary shall ratably reduce the payments to such

agencies for such year.

‘‘(B) If additional funds become available for making payments under paragraph (1) for such fiscal year, payments that

were reduced under subparagraph (A) shall be increased on

the same basis as such payments were reduced.

‘‘(e) NOTIFICATION PROCESS.—

‘‘(1) ESTABLISHMENT.—The Secretary shall establish, with

the Secretary of Defense, a notification process relating to the

closure of Department of Defense facilities, or the adjustment

of personnel levels assigned to such facilities, which may

substantially affect the student enrollment levels of local educational agencies which receive or may receive payments under

this title.

‘‘(2) INFORMATION.—Such process shall provide timely

information regarding such closures and such adjustments— ‘‘(A) by the Secretary of Defense to the Secretary; and

‘‘(B) by the Secretary to the affected local educational

agencies.

‘‘SEC. 8007. CONSTRUCTION.

‘‘(a) PAYMENTS AUTHORIZED.—From the amount appropriated

for each fiscal year under section 8014(e), the Secretary shall make

payments to each local educational agency— ‘‘(1) that receives a basic payment under section 8003(b);

and

‘‘(2)(A) in which the number of children determined under

section 8003(a)(1)(C) constituted at least 50 percent of the

number of children who were in average daily attendance in

the schools of such agency during the preceding school year;

‘‘(B) in which the number of children determined under

subparagraphs (B) and (D)(i) of section 8003(a)(1) constituted

at least 50 percent of the number of children who were in

average daily attendance in the schools of such agency during

the school year preceding the school year for which the determination is made and in which the agency at any 2 times

during the four fiscal years preceding the date of enactment

of the Improving America’s Schools Act of 1994 was denied

by a vote of the agency’s eligible voters a bond referendum

for the purposes of school construction or renovation;

‘‘(C) that receives assistance under section 8003(f); or
H. R. 6—247

‘‘(D) that receives assistance under section 8006.

‘‘(b) AMOUNT OF PAYMENTS.—The amount of a payment to each

such agency for a fiscal year shall be equal to—

‘‘(1) the amount appropriated under section 8014(e) for

such year; divided by

‘‘(2) the number of children determined under section

8003(a)(2) for all local educational agencies described in subsection (a), but not including any children attending a school

assisted or provided by the Secretary under section 8008 or

section 10 of the Act of September 23, 1950 (Public Law 815,

81st Congress) (as such Act was in effect on the day preceding

the date of enactment of the Improving America’s Schools Act

of 1994); multiplied by

‘‘(3) the number of such children determined for such

agency.

‘‘(c) USE OF FUNDS.—Any local educational agency that receives

funds under this section shall use such funds for construction,

as defined in section 8013(3).

‘‘SEC. 8008. FACILITIES.

‘‘(a) CURRENT FACILITIES.—From the amount appropriated for

any fiscal year under section 8014(f), the Secretary may continue

to provide assistance for school facilities that were supported by

the Secretary under section 10 of the Act of September 23, 1950

(Public Law 815, 81st Congress) (as such Act was in effect on

the day preceding the date of the enactment of the Improving

America’s Schools Act of 1994).

‘‘(b) TRANSFER OF FACILITIES.— ‘‘(1) IN GENERAL.—The Secretary shall, as soon as practicable, transfer to the appropriate local educational agency

or another appropriate entity all the right, title, and interest

of the United States in and to each facility provided under

section 10 of the Act of September 23, 1950 (Public Law 815,

81st Congress), or under section 204 or 310 of the Act of

September 30, 1950 (Public Law 874, 81st Congress) (as such

Acts were in effect on January 1, 1958). ‘‘(2) OTHER REQUIREMENTS.—Any such transfer shall be

without charge to such agency or entity, and prior to such

transfer, the transfer shall be consented to by the local educational agency or other appropriate entity, and may be made

on such terms and conditions as the Secretary deems appropriate to carry out the purposes of this title.

‘‘SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING

STATE AID.

‘‘(a) GENERAL PROHIBITION.—Except as provided in subsection

(b), a State may not—

‘‘(1) consider payments under this title or under the Act

of September 30, 1950 (Public Law 874, 81st Congress) (as

such Act was in effect on the day preceding the date of enactment of the Improving America’s Schools Act of 1994) in determining for any fiscal year—

‘‘(A) the eligibility of a local educational agency for

State aid for free public education; or

‘‘(B) the amount of such aid; or

‘‘(2) make such aid available to local educational agencies

in a manner that results in less State aid to any local edu-
H. R. 6—248

cational agency that is eligible for such payment than such

agency would receive if such agency were not so eligible.

‘‘(b) STATE EQUALIZATION PLANS.—

‘‘(1) IN GENERAL.—A State may reduce State aid to a local

educational agency that receives a payment under section 8002

or 8003(b) (except the amount calculated in excess of 1.0 under

subparagraph (B) of section 8003(a)(2)) or under the Act of

September 30, 1950 (Public Law 874, 81st Congress) as such

Act was in effect on the day preceding the date of enactment

of the Improving America’s Schools Act of 1994 (other than

an increase in payments described in paragraphs (2)(B), (2)(C),

(2)(D), or (3)(B)(ii) of section 3(d) of such Act of September

30, 1950) for any fiscal year if the Secretary determines, and

certifies under subsection (c)(3)(A), that such State has in effect

a program of State aid that equalizes expenditures for free

public education among local educational agencies in such

State.

‘‘(2) COMPUTATION.—

‘‘(A) IN GENERAL.—For purposes of paragraph (1), a

program of State aid equalizes expenditures among local

educational agencies if, in the second fiscal year preceding

the fiscal year for which the determination is made, the

amount of per-pupil expenditures made by, or per-pupil

revenues available to, the local educational agency in the

State with the highest such per-pupil expenditures or revenues did not exceed the amount of such per-pupil expenditures made by, or per-pupil revenues available to, the local

educational agency in the State with the lowest such

expenditures or revenues by more than—

‘‘(i) 25 percent for fiscal year 1995, 1996, or 1997;

and

‘‘(ii) 20 percent for fiscal year 1998 or 1999.

‘‘(B) OTHER FACTORS.—In making a determination

under this subsection, the Secretary shall—

‘‘(i) disregard local educational agencies with perpupil expenditures or revenues above the 95th percentile or below the 5th percentile of such expenditures

or revenues in the State; and

‘‘(ii) take into account the extent to which a program of State aid reflects the additional cost of providing free public education in particular types of local

educational agencies, such as those that are geographically isolated, or to particular types of students, such

as children with disabilities.

‘‘(3) EXCEPTION.—Notwithstanding paragraph (2), if the

Secretary determines that the State has substantially revised

its program of State aid, the Secretary may certify such program for any fiscal year only if—

‘‘(A) the Secretary determines, on the basis of projected

data, that the State’s program will meet the disparity

standard described in paragraph (2) for the fiscal year

for which the determination is made; and

‘‘(B) the State provides an assurance to the Secretary

that, if final data do not demonstrate that the State’s

program met such standard for the fiscal year for which

the determination is made, the State will pay to each
H. R. 6—249

affected local educational agency the amount by which

the State reduced State aid to the local educational agency.

‘‘(c) PROCEDURES FOR REVIEW OF STATE EQUALIZATION PLANS.—

‘‘(1) WRITTEN NOTICE.—

‘‘(A) IN GENERAL.—Any State that wishes to consider

payments described in subsection (b)(1) in providing State

aid to local educational agencies shall submit to the Secretary, not later than 120 days before the beginning of

the State’s fiscal year, a written notice of such State’s

intention to do so.

‘‘(B) CONTENTS.—Such notice shall be in the form and

contain the information the Secretary requires, including

evidence that the State has notified each local educational

agency in the State of such State’s intention to consider

such payments in providing State aid.

‘‘(2) OPPORTUNITY TO PRESENT VIEWS.—Before making a

determination under subsection (b), the Secretary shall afford

the State, and local educational agencies in the State, an opportunity to present their views.

‘‘(3) QUALIFICATION PROCEDURES.—If the Secretary determines that a program of State aid qualifies under subsection

(b), the Secretary shall—

‘‘(A) certify the program and so notify the State; and

‘‘(B) afford an opportunity for a hearing, in accordance

with section 8011(a), to any local educational agency

adversely affected by such certification.

‘‘(4) NON-QUALIFICATION PROCEDURES.—If the Secretary

determines that a program of State aid does not qualify under

subsection (b), the Secretary shall— ‘‘(A) so notify the State; and

‘‘(B) afford an opportunity for a hearing, in accordance with section 8011(a), to the State, and to any local educational agency adversely affected by such determination. ‘‘(d) TREATMENT OF STATE AID.— ‘‘(1) IN GENERAL.—If a State has in effect a program of

State aid for free public education for any fiscal year, which

is designed to equalize expenditures for free public education

among the local educational agencies of that State, payments

under this title or under the Act of September 30, 1950 (Public

Law 874, 81st Congress) (as such Act was in effect on the

day preceding the date of enactment of the Improving America’s

Schools Act of 1994) for any fiscal year may be taken into

consideration by such State in determining the relative— ‘‘(A) financial resources available to local educational

agencies in that State; and

‘‘(B) financial need of such agencies for the provision

of free public education for children served by such agency,

except that a State may consider as local resources funds

received under this title or under the Act of September

30, 1950 (Public Law 874, 81st Congress) (as such Act

was in effect on the day preceding the date of enactment

of the Improving America’s Schools Act of 1994) only in

proportion to the share that local tax revenues covered

under a State equalization program are of total local tax

revenues.

‘‘(2) PROHIBITION.—A State may not take into consideration

payments under this title or under the Act of September 30,
H. R. 6—250

1950 (Public Law 874, 81st Congress) (as such Act was in

effect on the day preceding the date of enactment of the Improving America’s Schools Act of 1994) before such State’s program

of State aid has been certified by the Secretary under subsection

(c)(3).

‘‘(e) REMEDIES FOR STATE VIOLATIONS.—

‘‘(1) IN GENERAL.—The Secretary or any aggrieved local

educational agency may, not earlier than 150 days after an

adverse determination by the Secretary against a State for

violation of subsections (a) or (d)(2) or for failure to carry

out an assurance under subsection (b)(3)(B), and if an administrative proceeding has not been concluded within such time,

bring an action in a United States district court against such

State for such violations or failure.

‘‘(2) IMMUNITY.—A State shall not be immune under the

11th amendment to the Constitution of the United States from

an action described in paragraph (1).

‘‘(3) RELIEF.—The court shall grant such relief as the court

determines is appropriate.

‘‘SEC. 8010. FEDERAL ADMINISTRATION.

‘‘(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS.—The Secretary

shall round any payments under this title to the nearest whole

dollar amount.

‘‘(b) OTHER AGENCIES.—Each Federal agency administering

Federal property on which children reside, and each agency principally responsible for an activity that may occasion assistance

under this title, shall, to the maximum extent practicable, comply

with requests of the Secretary for information the Secretary may

require to carry out this title. ‘‘(c) SPECIAL RULES.— ‘‘(1) CERTAIN CHILDREN ELIGIBLE UNDER SUBSECTION (a)

OR (b) OF SECTION 3 OF PUBLIC LAW 81–874.—Notwithstanding

any other provision of law, for any fiscal year before fiscal

year 1995, the Secretary shall treat as eligible under subsection

(a) or (b) of section 3 of the Act of September 30, 1950 (Public

Law 874, 81st Congress) (as such subsection was in effect

on the day preceding the date of enactment of the Improving

America’s Schools Act of 1994), and shall forgive the obligation

of a local educational agency to repay any amounts that such

agency received under such section for such fiscal year based

on, any child who would be eligible under such subsections

except that such child does not meet the requirements of subsection (a)(1)(B) or (b)(2)(B), respectively, of such section 3,

if such child meets the requirements of paragraph (3) of this

subsection.

‘‘(2) CERTAIN CHILDREN ELIGIBLE UNDER SUBPARAGRAPHS

(A) AND (G)(ii) OF SECTION 8003(a)(1).—(A) The Secretary shall

treat as eligible under subparagraph (A) of section 8003(a)(1)

any child who would be eligible under such subparagraph except

that the Federal property on which the child resides or on

which the child’s parent is employed is not in the same State

in which the child attends school, if such child meets the

requirements of paragraph (3) of this subsection.

‘‘(B) The Secretary shall treat as eligible under subparagraph (G) of section 8003(a)(1) any child who would be eligible

under such subparagraph except that such child does not meet
H. R. 6—251

the requirements of clause (ii) of such subparagraph, if such

child meets the requirements of paragraph (3) of this subsection.

‘‘(3) REQUIREMENTS.—A child meets the requirements of

this paragraph if—

‘‘(A) such child resides—

‘‘(i) in a State adjacent to the State in which the

local educational agency serving the school such child

attends is located; or

‘‘(ii) with a parent employed on Federal property

in a State adjacent to the State in which such agency

is located;

‘‘(B) the schools of such agency are within a more

reasonable commuting distance of such child’s home than

the schools of the local educational agency that serves

the school attendance area where such child resides;

‘‘(C) attending the schools of the local educational

agency that serves the school attendance area where such

child resides will impose a substantial hardship on such

child;

‘‘(D) the State in which such child attends school provides funds for the education of such child on the same

basis as all other public school children in the State, unless

otherwise permitted under section 5(d)(2) of the Act of

September 30, 1950 (Public Law 874, 81st Congress) (as

such section was in effect on the day preceding the date

of enactment of the Improving America’s Schools Act of

1994) or section 8009(b) of this title; and

‘‘(E) such agency received a payment for fiscal year 1994 under section 8003(b) (or such section’s predecessor

authority) on behalf of children described in paragraph

(2).

‘‘SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

‘‘(a) ADMINISTRATIVE HEARINGS.—A local educational agency

and a State that is adversely affected by any action of the Secretary

under this title or under the Act of September 30, 1950 (Public

Law 874, 81st Congress) (as such Act was in effect on the day

preceding the date of enactment of the Improving America’s Schools

Act of 1994) shall be entitled to a hearing on such action in the

same manner as if such agency were a person under chapter 5

of title 5, United States Code.

‘‘(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.— ‘‘(1) IN GENERAL.—A local educational agency or a State

aggrieved by the Secretary’s final decision following an agency

proceeding under subsection (a) may, within 60 days after

receiving notice of such decision, file with the United States

court of appeals for the circuit in which such agency or State

is located a petition for review of that action. The clerk of

the court shall promptly transmit a copy of the petition to

the Secretary. The Secretary shall then file in the court the

record of the proceedings on which the Secretary’s action was

based, as provided in section 2112 of title 28, United States

Code.

‘‘(2) FINDINGS OF FACT.—The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive,

but the court, for good cause shown, may remand the case
H. R. 6—252

to the Secretary to take further evidence. The Secretary may

thereupon make new or modified findings of fact and may

modify the Secretary’s previous action, and shall file in the

court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported

by substantial evidence. ‘‘(3) REVIEW.—The court shall have exclusive jurisdiction to affirm the action of the Secretary or to set it aside, in

whole or in part. The judgment of the court shall be subject

to review by the Supreme Court of the United States upon

certiorari or certification as provided in section 1254 of title

28, United States Code.

‘‘SEC. 8012. FORGIVENESS OF OVERPAYMENTS.

‘‘Notwithstanding any other provision of law, the Secretary may forgive the obligation of a local educational agency to repay,

in whole or in part, the amount of any overpayment received under

this title, or under the Act of September 30, 1950 (Public Law

874, 81st Congress) or the Act of September 23, 1950 (Public Law

815, 81st Congress) (as such Acts were in effect on the day preceding

the date of enactment of the Improving America’s Schools Act

of 1994), if the Secretary determines that the overpayment was

made as a result of an error made by— ‘‘(1) the Secretary; or

‘‘(2) the local educational agency and repayment of the full amount of the overpayment will result in an undue financial

hardship on the agency and seriously harm the agency’s educational program.

‘‘SEC. 8013. DEFINITIONS.

‘‘For purposes of this title: ‘‘(1) ARMED FORCES.—The term ‘Armed Forces’ means the

Army, Navy, Air Force, and Marine Corps. ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘average per-pupil expenditure’ means— ‘‘(A) the aggregate current expenditures of all local educational agencies in the State; divided by ‘‘(B) the total number of children in average daily attendance for whom such agencies provided free public

education.

‘‘(3) CONSTRUCTION.—The term ‘construction’ means—

‘‘(A) the preparation of drawings and specifications for school facilities;

‘‘(B) erecting, building, acquiring, altering, remodeling, repairing, or extending school facilities; ‘‘(C) inspecting and supervising the construction of school facilities; and

‘‘(D) debt service for such activities.

‘‘(4) CURRENT EXPENDITURES.—The term ‘current expenditures’ means expenditures for free public education, including

expenditures for administration, instruction, attendance and

health services, pupil transportation services, operation and

maintenance of plant, fixed charges, and net expenditures to

cover deficits for food services and student body activities,

but does not include expenditures for community services, capital outlay, and debt service, or any expenditures made from

funds awarded under part A of title I and title VI. The determination of whether an expenditure for the replacement of
H. R. 6—253

equipment is considered a current expenditure or a capital

outlay shall be determined in accordance with generally

accepted accounting principles as determined by the State.

‘‘(5) FEDERAL PROPERTY.—

‘‘(A) IN GENERAL.—Except as provided in subparagraphs (B) through (F), the term ‘Federal property’ means

real property that is not subject to taxation by any State

or any political subdivision of a State due to Federal agreement, law, or policy, and that is—

‘‘(i) owned by the United States or leased by the

United States from another entity;

‘‘(ii)(I) held in trust by the United States for

individual Indians or Indian tribes;

‘‘(II) held by individual Indians or Indian tribes

subject to restrictions on alienation imposed by the

United States;

‘‘(III) conveyed at any time under the Alaska

Native Claims Settlement Act to a Native individual,

Native group, or village or regional corporation;

‘‘(IV) public land owned by the United States that

is designated for the sole use and benefit of individual

Indians or Indian tribes; or

‘‘(V) used for low-rent housing, as described in

paragraph (10), that is located on land described in

subclause (I), (II), (III), or (IV) of this clause or on

land that met one of those descriptions immediately

before such property’s use for such housing;

‘‘(iii)(I) part of a low-rent housing project assisted

under the United States Housing Act of 1937; or ‘‘(II) used to provide housing for homeless children

at closed military installations pursuant to section 501

of the Stewart B. McKinney Homeless Assistance Act;

or

‘‘(iv) owned by a foreign government or by an international organization.

‘‘(B) SCHOOLS PROVIDING FLIGHT TRAINING TO MEMBERS

OF AIR FORCE.—The term ‘Federal property’ includes, so

long as not subject to taxation by any State or any political

subdivision of a State, and whether or not that tax exemption is due to Federal agreement, law, or policy, any school

providing flight training to members of the Air Force under

contract with the Air Force at an airport owned by a

State or political subdivision of a State.

‘‘(C) NON-FEDERAL EASEMENTS, LEASES, LICENSES, PER- MITS, IMPROVEMENTS, AND CERTAIN OTHER REAL PROPERTY.—The term ‘Federal property’ includes, whether or

not subject to taxation by a State or a political subdivision

of a State—

‘‘(i) any non-Federal easement, lease, license, permit, or other such interest in Federal property as otherwise described in this paragraph, but not including

any non-Federal fee-simple interest;

‘‘(ii) any improvement on Federal property as

otherwise described in this paragraph; and

‘‘(iii) real property that, immediately before its sale

or transfer to a non-Federal party, was owned by the

United States and otherwise qualified as Federal prop-
H. R. 6—254

erty described in this paragraph, but only for one year

beyond the end of the fiscal year of such sale or

transfer.

‘‘(D) CERTAIN POSTAL SERVICE PROPERTY AND PIPELINES

AND UTILITY LINES.—Notwithstanding any other provision

of this paragraph, the term ‘Federal property’ does not

include—

‘‘(i) any real property under the jurisdiction of

the United States Postal Service that is used primarily

for the provision of postal services; or

‘‘(ii) pipelines and utility lines.

‘‘(E) PROPERTY WITH RESPECT TO WHICH STATE OR LOCAL

TAX REVENUES MAY NOT BE EXPENDED, ALLOCATED, OR

AVAILABLE FOR FREE PUBLIC EDUCATION.—Notwithstanding

any other provision of this paragraph, ‘Federal property’

does not include any property on which children reside

that is otherwise described in this paragraph if—

‘‘(i) no tax revenues of the State or of any political

subdivision of the State may be expended for the free

public education of children who reside on that Federal

property; or

‘‘(ii) no tax revenues of the State are allocated

or available for the free public education of such

children.

‘‘(F) PROPERTY LOCATED IN THE STATE OF OKLAHOMA

OWNED BY INDIAN HOUSING AUTHORITY FOR LOW-INCOME

HOUSING.—The term ‘Federal property’ includes any real

property located in the State of Oklahoma that— ‘‘(i) is owned by an Indian housing authority and used for low-income housing (including housing

assisted under the mutual help ownership opportunity

program under section 202 of the United States Housing Act of 1937); and ‘‘(ii) at any time— ‘‘(I) was designated by treaty as tribal land;

or

‘‘(II) satisfied the definition of Federal property under section 403(1)(A) of the Act of September

30, 1950 (Public Law 874, 81st Congress) (as such

Act was in effect on the day preceding the date

of enactment of the Improving America’s Schools

Act of 1994).

‘‘(6) FREE PUBLIC EDUCATION.—The term ‘free public education’ means education that is provided—

‘‘(A) at public expense, under public supervision and

direction, and without tuition charge; and

‘‘(B) as elementary or secondary education, as determined under State law, except that, notwithstanding State

law, such term—

‘‘(i) includes preschool education; and

‘‘(ii) does not include any education provided

beyond grade 12.

‘‘(7) INDIAN LANDS.—The term ‘Indian lands’ means any

Federal property described in paragraph (5)(A)(ii) or (5)(F).

‘‘(8) LOCAL CONTRIBUTION PERCENTAGE.—

‘‘(A) IN GENERAL.—The term ‘local contribution percentage’ means the percentage of current expenditures in the
H. R. 6—255

State derived from local and intermediate sources, as

reported to and verified by the National Center for Education Statistics.

‘‘(B) HAWAII AND DISTRICT OF COLUMBIA.—Notwithstanding subparagraph (A), the local contribution percentage for Hawaii and for the District of Columbia shall be

the average local contribution percentage for all States.

‘‘(9) LOCAL EDUCATIONAL AGENCY.—

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), the term ‘local educational agency’—

‘‘(i) means a board of education or other legally

constituted local school authority having administrative control and direction of free public education in

a county, township, independent school district, or

other school district; and

‘‘(ii) includes any State agency that directly operates and maintains facilities for providing free public

education.

‘‘(B) EXCEPTION.—The term ‘local educational agency’

does not include any agency or school authority that the

Secretary determines on a case-by-case basis—

‘‘(i) was constituted or reconstituted primarily for

the purpose of receiving assistance under this title

or the Act of September 30, 1950 (Public Law 874,

81st Congress) (as such Act was in effect on the day

preceding the date of enactment of the Improving

America’s Schools Act of 1994) or increasing the

amount of such assistance; or

‘‘(ii) is not constituted or reconstituted for legitimate educational purposes.

‘‘(10) LOW-RENT HOUSING.—The term ‘low-rent housing’

means housing located on property that is described in paragraph (5)(A)(iii). ‘‘(11) REVENUE DERIVED FROM LOCAL SOURCES.—The term

‘revenue derived from local sources’ means—

‘‘(A) revenue produced within the boundaries of a local

educational agency and available to such agency for such

agency’s use; or ‘‘(B) funds collected by another governmental unit, but

distributed back to a local educational agency in the same

proportion as such funds were collected as a local revenue

source.

‘‘(12) SCHOOL FACILITIES.—The term ‘school facilities’

includes—

‘‘(A) classrooms and related facilities; and

‘‘(B) equipment, machinery, and utilities necessary or

appropriate for school purposes.

‘‘SEC. 8014. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL PROPERTY.—

For the purpose of making payments under section 8002, there

are authorized to be appropriated $16,750,000 for fiscal year 1995

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

fiscal years.

‘‘(b) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IMPACTED LOCAL

EDUCATIONAL AGENCIES.—For the purpose of making payments

under subsections (b) and (f) of section 8003, there are authorized
H. R. 6—256

to be appropriated $775,000,000 for fiscal year 1995 and such

sums as may be necessary for each of the four succeeding fiscal

years, of which 6 percent shall be available, until expended, for

each such fiscal year to carry out section 8003(f).

‘‘(c) PAYMENTS FOR CHILDREN WITH DISABILITIES.—For the purpose of making payments under section 8003(d), there are authorized to be appropriated $45,000,000 for fiscal year 1995 and such

sums as may be necessary for each of the four succeeding fiscal

years.

‘‘(d) PAYMENTS FOR INCREASES IN MILITARY CHILDREN.—For

the purpose of making payments under section 8006, there are

authorized to be appropriated $2,000,000 for fiscal year 1995 and

such sums as may be necessary for each of the four succeeding

fiscal years.

‘‘(e) CONSTRUCTION.—For the purpose of carrying out section

8007, there are authorized to be appropriated $25,000,000 for fiscal

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

four succeeding fiscal years.

‘‘(f) FACILITIES MAINTENANCE.—For the purpose of carrying out

section 8008, there are authorized to be appropriated $2,000,000

for fiscal year 1995 and such sums as may be necessary for each

of the four succeeding fiscal years.

‘‘TITLE IX—INDIAN, NATIVE HAWAIIAN,

AND ALASKA NATIVE EDUCATION

‘‘PART A—INDIAN EDUCATION

‘‘SEC. 9101. FINDINGS.

‘‘The Congress finds that—

‘‘(1) the Federal Government has a special responsibility

to ensure that educational programs for all American Indian

and Alaska Native children and adults—

‘‘(A) are based on high-quality, internationally competitive content standards and student performance standards

and build on Indian culture and the Indian community;

‘‘(B) assist local educational agencies, Indian tribes,

and other entities and individuals in providing Indian students the opportunity to achieve such standards; and

‘‘(C) meet the special educational and culturally related

academic needs of American Indian and Alaska Native

students;

‘‘(2) since the date of enactment of the initial Indian Education Act in 1972, the level of involvement of Indian parents

in the planning, development, and implementation of educational programs that affect such parents and their children

has increased significantly, and schools should continue to foster such involvement;

‘‘(3) although the number of Indian teachers, administrators, and university professors has increased since 1972, teacher

training programs are not recruiting, training, or retraining

a sufficient number of Indian individuals as educators to meet

the needs of a growing Indian student population in elementary,

secondary, vocational, adult, and higher education;
H. R. 6—257

‘‘(4) the dropout rate for Indian students is unacceptably

high, for example, 9 percent of Indian students who were eighth

graders in 1988 had already dropped out of school by 1990;

‘‘(5) during the period from 1980 to 1990, the percentage

of Indian individuals living at or below the poverty level

increased from 24 percent to 31 percent, and the readiness

of Indian children to learn is hampered by the high incidence

of poverty, unemployment, and health problems among Indian

children and their families; and

‘‘(6) research related specifically to the education of Indian

children and adults is very limited, and much of the research

is of poor quality or is focused on limited local or regional

issues.

‘‘SEC. 9102. PURPOSE.

‘‘(a) PURPOSE.—It is the purpose of this part to support the

efforts of local educational agencies, Indian tribes and organizations,

postsecondary institutions, and other entities to meet the special

educational and culturally related academic needs of American

Indians and Alaska Natives, so that such students can achieve

to the same challenging State performance standards expected of

all students.

‘‘(b) PROGRAMS.—This part carries out the purpose described

in subsection (a) by authorizing programs of direct assistance for—

‘‘(1) meeting the special educational and culturally related

academic needs of American Indians and Alaska Natives;

‘‘(2) the education of Indian children and adults;

‘‘(3) the training of Indian persons as educators and counselors, and in other professions serving Indian people; and ‘‘(4) research, evaluation, data collection, and technical

assistance.

‘‘Subpart 1—Formula Grants to Local Educational

Agencies

‘‘SEC. 9111. PURPOSE.

‘‘It is the purpose of this subpart to support local educational

agencies in their efforts to reform elementary and secondary school

programs that serve Indian students in order to ensure that such

programs—‘‘(1) are based on challenging State content standards and

State student performance standards that are used for all students; and

‘‘(2) are designed to assist Indian students meet those

standards and assist the Nation in reaching the National Education Goals.

‘‘SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

‘‘(a) IN GENERAL.—

‘‘(1) ENROLLMENT REQUIREMENTS.—A local educational

agency shall be eligible for a grant under this subpart for

any fiscal year if the number of Indian children eligible under

section 9116 and who were enrolled in the schools of the agency,

and to whom the agency provided free public education, during

the preceding fiscal year—

‘‘(A) was at least 10; and
H. R. 6—258

‘‘(B) constituted not less than 25 percent of the total

number of individuals enrolled in the schools of such

agency.

‘‘(2) EXCLUSION.—The requirement of paragraph (1) shall

not apply in Alaska, California, or Oklahoma, or with respect

to any local educational agency located on, or in proximity

to, a reservation.

‘‘(b) INDIAN TRIBES.—

‘‘(1) IN GENERAL.—If a local educational agency that is

eligible for a grant under this subpart does not establish a

parent committee under section 9114(c)(4) for such grant, an

Indian tribe that represents no less than one-half of the eligible

Indian children who are served by such local educational agency

may apply for such grant.

‘‘(2) SPECIAL RULE.—The Secretary shall treat each Indian

tribe applying for a grant pursuant to paragraph (1) as if

such Indian tribe were a local educational agency for purposes

of this subpart.

‘‘SEC. 9113. AMOUNT OF GRANTS.

‘‘(a) AMOUNT OF GRANT AWARDS.—

‘‘(1) IN GENERAL.—Except as provided in subsection (b)

and paragraph (2), the Secretary shall allocate to each local

educational agency which has an approved application under

this subpart an amount equal to the product of—

‘‘(A) the number of Indian children who are eligible

under section 9116 and served by such agency; and

‘‘(B) the greater of— ‘‘(i) the average per-pupil expenditure of the State

in which such agency is located; or ‘‘(ii) 80 percent of the average per-pupil expenditure in the United States.

‘‘(2) REDUCTION.—The Secretary shall reduce the amount of each allocation determined under paragraph (1) in accordance

with subsection (e).

‘‘(b) MINIMUM GRANT.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (e) of this section, a local educational agency or an Indian tribe (as authorized under section 9112(b)) that is eligible for a grant under

section 9112, and a school that is operated or supported by

the Bureau of Indian Affairs that is eligible for a grant under

subsection (d), that submits an application that is approved

by the Secretary, shall, subject to appropriations, receive a

grant under this subpart in an amount that is not less than

$3,000.

‘‘(2) CONSORTIA.—Local educational agencies may form a

consortium for the purpose of obtaining grants under this Act.

‘‘(3) INCREASE.—The Secretary may increase the minimum

grant under paragraph (1) to not more than $4,000 for all

grantees if the Secretary determines such increase is necessary

to ensure quality programs.

‘‘(c) DEFINITION.—For the purpose of this section, the term

‘average per-pupil expenditure of a State’ means an amount equal

to—

‘‘(1) the sum of the aggregate current expenditures of all

the local educational agencies in the State, plus any direct

current expenditures by the State for the operation of such
H. R. 6—259

agencies, without regard to the sources of funds from which

such local or State expenditures were made, during the second

fiscal year preceding the fiscal year for which the computation

is made; divided by

‘‘(2) the aggregate number of children who were included

in average daily attendance for whom such agencies provided

free public education during such preceding fiscal year.

‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BUREAU OF

INDIAN AFFAIRS.—In addition to the grants awarded under subsection (a), and subject to paragraph (2), the Secretary shall allocate

to the Secretary of the Interior an amount equal to the product

of—

‘‘(1) the total number of Indian children enrolled in schools

that are operated by—

‘‘(A) the Bureau of Indian Affairs; or

‘‘(B) an Indian tribe, or an organization controlled or

sanctioned by an Indian tribal government, for the children

of such tribe under a contract with, or grant from, the

Department of the Interior under the Indian Self-Determination Act or the Tribally Controlled Schools Act of

1988 (part B of title V of the Augustus F. Hawkins-Robert

T. Stafford Elementary and Secondary School Improvement

Amendments of 1988); and

‘‘(2) the greater of—

‘‘(A) the average per-pupil expenditure of the State

in which the school is located; or

‘‘(B) 80 percent of the average per-pupil expenditure

in the United States.

‘‘(e) RATABLE REDUCTIONS.—If the sums appropriated for any

fiscal year under section 9162(a) are insufficient to pay in full

the amounts determined for local educational agencies under subsection (a)(1) and for the Secretary of the Interior under subsection

(d), each of those amounts shall be ratably reduced.

‘‘SEC. 9114. APPLICATIONS.

‘‘(a) APPLICATION REQUIRED.—Each local educational agency

that desires to receive a grant under this subpart shall submit

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

and containing such information as the Secretary may reasonably

require.

‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each application

submitted under subsection (a) shall include a comprehensive program for meeting the needs of Indian children served by the local

educational agency, including the language and cultural needs of

the children, that—

‘‘(1) provides programs and activities to meet the culturally

related academic needs of American Indian and Alaska Native

students;

‘‘(2)(A) is consistent with, and promotes the goals in, the

State and local improvement plans, either approved or being

developed, under title III of the Goals 2000: Educate America

Act or, if such plans are not approved or being developed,

with the State and local plans under sections 1111 and 1112

of this Act; and

‘‘(B) includes academic content and student performance

goals for such children, and benchmarks for attaining such
H. R. 6—260

goals, that are based on the challenging State standards

adopted under title I for all children;

‘‘(3) explains how Federal, State, and local programs, especially under title I, will meet the needs of such students;

‘‘(4) demonstrates how funds made available under this

subpart will be used for activities described in section 9115;

‘‘(5) describes the professional development opportunities

that will be provided, as needed, to ensure that—

‘‘(A) teachers and other school professionals who are

new to the Indian community are prepared to work with

Indian children; and

‘‘(B) all teachers who will be involved in programs

assisted under this subpart have been properly trained

to carry out such programs; and

‘‘(6) describes how the local educational agency—

‘‘(A) will periodically assess the progress of all Indian

children enrolled in the schools of the local educational

agency, including Indian children who do not participate

in programs assisted under this subpart, in meeting the

goals described in paragraph (2);

‘‘(B) will provide the results of each assessment

referred to in subparagraph (A) to—

‘‘(i) the committee of parents described in subsection (c)(4); and

‘‘(ii) the community served by the local educational

agency; and

‘‘(C) is responding to findings of any previous assessments that are similar to the assessments described in

subparagraph (A). ‘‘(c) ASSURANCES.—Each application submitted under subsection

(a) shall include assurances that—

‘‘(1) the local educational agency will use funds received

under this subpart only to supplement the level of funds that,

in the absence of the Federal funds made available under

this subpart, such agency would make available for the education of Indian children, and not to supplant such funds;

‘‘(2) the local educational agency will submit such reports

to the Secretary, in such form and containing such information,

as the Secretary may require to— ‘‘(A) carry out the functions of the Secretary under

this subpart; and

‘‘(B) determine the extent to which funds provided

to the local educational agency under this subpart are

effective in improving the educational achievement of

Indian students served by such agency;

‘‘(3) the program for which assistance is sought—

‘‘(A) is based on a local assessment and prioritization

of the special educational and culturally related academic

needs of the American Indian and Alaska Native students

for whom the local educational agency is providing an

education;

‘‘(B) will use the best available talents and resources,

including individuals from the Indian community; and

‘‘(C) was developed by such agency in open consultation

with parents of Indian children and teachers, and, if appropriate, Indian students from secondary schools, including

public hearings held by such agency to provide the individ-
H. R. 6—261

uals described in this subparagraph a full opportunity to

understand the program and to offer recommendations

regarding the program; and

‘‘(4) the local educational agency developed the program

with the participation and written approval of a committee—

‘‘(A) that is composed of, and selected by—

‘‘(i) parents of Indian children in the local educational agency’s schools and teachers; and

‘‘(ii) if appropriate, Indian students attending

secondary schools;

‘‘(B) the membership of which is at least more than

one-half parents of Indian children;

‘‘(C) that sets forth such policies and procedures,

including policies and procedures relating to the hiring

of personnel, as will ensure that the program for which

assistance is sought will be operated and evaluated in

consultation with, and with the involvement of, parents

of the children, and representatives of the area, to be

served;

‘‘(D) with respect to an application describing a

schoolwide program in accordance with section 9115(c),

has—

‘‘(i) reviewed in a timely fashion the program; and

‘‘(ii) determined that the program will not diminish

the availability of culturally related activities for American Indians and Alaskan Native students; and

‘‘(E) has adopted reasonable bylaws for the conduct

of the activities of the committee and abides by such

bylaws.

‘‘SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.

‘‘(a) GENERAL REQUIREMENTS.—Each local educational agency

that receives a grant under this subpart shall use the grant funds,

in a manner consistent with the purpose specified in section 9111,

for services and activities that—

‘‘(1) are designed to carry out the comprehensive plan of

the local educational agency for Indian students, and described

in the application of the local educational agency submitted

to the Secretary under section 9114(b); ‘‘(2) are designed with special regard for the language and

cultural needs of the Indian students; and

‘‘(3) supplement and enrich the regular school program

of such agency.

‘‘(b) PARTICULAR ACTIVITIES.—The services and activities

referred to in subsection (a) may include—

‘‘(1) culturally related activities that support the program

described in the application submitted by the local educational

agency;

‘‘(2) early childhood and family programs that emphasize

school readiness;

‘‘(3) enrichment programs that focus on problem-solving

and cognitive skills development and directly support the

attainment of challenging State content standards and State

student performance standards;

‘‘(4) integrated educational services in combination with

other programs that meet the needs of Indian children and

their families;
H. R. 6—262

‘‘(5) school-to-work transition activities to enable Indian

students to participate in programs such as the programs supported by the School-to-Work Opportunities Act of 1994 and

the Carl D. Perkins Vocational and Applied Technology Education Act, including programs for tech-prep, mentoring, and

apprenticeship;

‘‘(6) activities to educate individuals concerning substance

abuse and to prevent substance abuse; and

‘‘(7) the acquisition of equipment, but only if the acquisition

of the equipment is essential to meet the purpose described

in section 9111.

‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any other provision of law, a local educational agency may use funds made available

to such agency under this subpart to support a schoolwide program

under section 1114 if—

‘‘(1) the committee composed of parents established pursuant to section 9114(c)(4) approves the use of the funds for

the schoolwide program; and

‘‘(2) the schoolwide program is consistent with the purpose

described in section 9111.

‘‘SEC. 9116. STUDENT ELIGIBILITY FORMS.

‘‘(a) IN GENERAL.—The Secretary shall require that, as part

of an application for a grant under this subpart, each applicant

shall maintain a file, with respect to each Indian child for whom

the local educational agency provides a free public education, that

contains a form that sets forth information establishing the status

of the child as an Indian child eligible for assistance under this

subpart and that otherwise meets the requirements of subsection

(b).

‘‘(b) FORMS.— ‘‘(1) IN GENERAL.—The form described in subsection (a)

shall include—

‘‘(A) either—

‘‘(i)(I) the name of the tribe or band of Indians

(as defined in section 9161(4)) with respect to which

the child claims membership;

‘‘(II) the enrollment number establishing the mem- bership of the child (if readily available); and ‘‘(III) the name and address of the organization

that maintains updated and accurate membership data

for such tribe or band of Indians; or

‘‘(ii) if the child is not a member of a tribe or

band of Indians, the name, the enrollment number

(if readily available), and the organization (and address

thereof) responsible for maintaining updated and

accurate membership rolls of any parent or grandparent of the child from whom the child claims eligibility;

‘‘(B) a statement of whether the tribe or band of Indians

with respect to which the child, parent or grandparent

of the child claims membership is federally recognized;

‘‘(C) the name and address of the parent or legal guardian of the child;

‘‘(D) a signature of the parent or legal guardian of

the child that verifies the accuracy of the information supplied; and
H. R. 6—263

‘‘(E) any other information that the Secretary considers

necessary to provide an accurate program profile.

‘‘(2) MINIMUM INFORMATION.—In order for a child to be

eligible to be counted for the purpose of computing the amount

of a grant award made under section 9113, an eligibility form

prepared pursuant to this section for a child shall include—

‘‘(A) the name of the child;

‘‘(B) the name of the tribe or band of Indians (as

defined in section 9161(4)) with respect to which the child

claims eligibility; and

‘‘(C) the dated signature of the parent or guardian

of the child.

‘‘(3) FAILURE.—The failure of an applicant to furnish any

information described in this subsection other than the information described in paragraph (2) with respect to any child shall

have no bearing on the determination of whether the child

is an eligible Indian child for the purposes of determining

the amount of a grant award made under section 9113.

‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this section shall

be construed to affect a definition contained in section 9161.

‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms and the

standards of proof (including the standard of good faith compliance)

that were in use during the 1985–1986 academic year to establish

the eligibility of a child for entitlement under the Indian Elementary

and Secondary School Assistance Act shall be the forms and standards of proof used—

‘‘(1) to establish such eligibility; and

‘‘(2) to meet the requirements of subsection (a).

‘‘(e) DOCUMENTATION.—For purposes of determining whether

a child is eligible to be counted for the purpose of computing

the amount of a grant under section 9113, the membership of

the child, or any parent or grandparent of the child, in a tribe

or band of Indians may be established by proof other than an

enrollment number, notwithstanding the availability of an enrollment number for a member of such tribe or band. Nothing in

subsection (b) shall be construed to require the furnishing of an

enrollment number.

‘‘(f) MONITORING AND EVALUATION REVIEW.—

‘‘(1) IN GENERAL.—(A) For each fiscal year, in order to

provide such information as is necessary to carry out the

responsibility of the Secretary to provide technical assistance

under this subpart, the Secretary shall conduct a monitoring

and evaluation review of a sampling of the recipients of grants

under this subpart. The sampling conducted under this

subparagraph shall take into account size of the local educational agency and the geographic location of such agency.

‘‘(B) A local educational agency may not be held liable

to the United States or be subject to any penalty, by reason

of the findings of an audit that relates to the date of completion,

or the date of submission, of any forms used to establish,

before April 28, 1988, the eligibility of a child for entitlement

under the Indian Elementary and Secondary School Assistance

Act.

‘‘(2) FALSE INFORMATION.—Any local educational agency

that provides false information in an application for a grant

under this subpart shall—
H. R. 6—264

‘‘(A) be ineligible to apply for any other grant under

this subpart; and

‘‘(B) be liable to the United States for any funds that

have not been expended.

‘‘(3) EXCLUDED CHILDREN.—A student who provides false

information for the form required under subsection (d) shall

not be counted for the purpose of computing the amount of

a grant under section 9113.

‘‘(g) DISTRIBUTION.—For the purposes of the distribution of

funds under this subpart to schools that receive funding from the

Bureau of Indian Affairs pursuant to—

‘‘(1) section 1130 of the Education Amendments of 1978;

and

‘‘(2) the Act of April 16, 1934 (48 Stat. 596, chapter 147),

the Secretary shall, in lieu of meeting the requirements of this

section for counting Indian children, use a count of the number

of students in such schools certified by the Bureau of Indian Affairs.

‘‘SEC. 9117. PAYMENTS.

‘‘(a) IN GENERAL.—Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits

an application that is approved by the Secretary under this subpart

the amount determined under section 9113. The Secretary shall

notify the local educational agency of the amount of the payment

not later than June 1 of the year for which the Secretary makes

the payment.

‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE.—The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State

in which the local educational agency is located takes into consideration payments made under this subpart (or under subpart 1 of

the Indian Education Act of 1988) in determining the eligibility

of the local educational agency for State aid, or the amount of

the State aid, with respect to the free public education of children

during such fiscal year or the preceding fiscal year.

‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL

EFFORT.—

‘‘(1) IN GENERAL.—The Secretary may not pay a local educational agency the full amount of a grant award determined

under section 9113 for any fiscal year unless the State educational agency notifies the Secretary, and the Secretary determines, that with respect to the provision of free public education

by the local educational agency for the preceding fiscal year,

that the combined fiscal effort of the local educational agency

and the State, computed on either a per student or aggregate

expenditure basis was not less than 90 percent of the amount

of the combined fiscal effort, computed on the same basis,

for the second preceding fiscal year.

‘‘(2) FAILURE.—If, for any fiscal year, the Secretary determines that a local educational agency failed to maintain the

fiscal effort of such agency at the level specified in paragraph

(1), the Secretary shall—

‘‘(A) reduce the amount of the grant that would otherwise be made to such agency under this subpart in the

exact proportion of such agency’s failure to maintain its

fiscal effort at such level; and
H. R. 6—265

‘‘(B) not use the reduced amount of the agency’s

expenditures for the preceding year to determine compliance with paragraph (1) for any succeeding fiscal year,

but shall use the amount of expenditures that would have

been required to comply with paragraph (1).

‘‘(3) WAIVER.—(A) The Secretary may waive the requirement of paragraph (1), for not more than one year at a time,

if the Secretary determines that the failure to comply with

such requirement is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and

unforeseen decline in the agency’s financial resources.

‘‘(B) The Secretary shall not use the reduced amount of

such agency’s expenditures for the fiscal year preceding the

fiscal year for which a waiver is granted to determine compliance with paragraph (1) for any succeeding fiscal year, but

shall use the amount of expenditures that would have been

required to comply with paragraph (1) in the absence of the

waiver.

‘‘(d) REALLOCATIONS.—The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose

of this subpart, any amounts that—

‘‘(1) based on estimates made by local educational agencies

or other information, the Secretary determines will not be

needed by such agencies to carry out approved programs under

this subpart; or

‘‘(2) otherwise become available for reallocation under this

subpart.

‘‘SEC. 9118. STATE EDUCATIONAL AGENCY REVIEW.

‘‘(a) APPLICATION.—Each entity desiring assistance under this

subpart shall submit an application to the Secretary at such time,

in such manner and accompanied by such information as the Secretary may reasonably require except that this subsection shall

not apply to Bureau-funded schools.

‘‘(b) SPECIAL RULE.—Before submitting an application under

subsection (a) to the Secretary, the entity shall submit its application to the State educational agency. The State educational agency

may comment on such application, however if such agency comments on such application such agency shall comment on all applications submitted by entities within the State and shall provide

such comments to the appropriate local educational agency, which

local educational agency shall be given an opportunity to respond

to such comments.

‘‘Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian

Children

‘‘SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR

INDIAN CHILDREN.

‘‘(a) PURPOSE.—

‘‘(1) IN GENERAL.—It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness

of services and programs to improve educational opportunities

and achievement of Indian children.
H. R. 6—266

‘‘(2) COORDINATION.—The Secretary shall take such actions

as are necessary to achieve the coordination of activities

assisted under this subpart with—

‘‘(A) other programs funded under this Act; and

‘‘(B) other Federal programs operated for the benefit

of American Indian and Alaska Native children.

‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this section, the

term ‘eligible entity’ means a State educational agency, local educational agency, Indian tribe, Indian organization, federally supported elementary and secondary school for Indian students, Indian

institution, including an Indian institution of higher education,

or a consortium of such institutions.

‘‘(c) GRANTS AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary shall award grants to

eligible entities to enable such entities to carry out activities

that meet the purpose specified in subsection (a)(1), including—

‘‘(A) innovative programs related to the educational

needs of educationally deprived children;

‘‘(B) educational services that are not available to such

children in sufficient quantity or quality, including

remedial instruction, to raise the achievement of Indian

children in one or more of the core academic subjects of

English, mathematics, science, foreign languages, art, history, and geography;

‘‘(C) bilingual and bicultural programs and projects;

‘‘(D) special health and nutrition services, and other

related activities, that address the special health, social,

and psychological problems of Indian children; ‘‘(E) special compensatory and other programs and

projects designed to assist and encourage Indian children

to enter, remain in, or reenter school, and to increase

the rate of secondary school graduation; ‘‘(F) comprehensive guidance, counseling, and testing

services;

‘‘(G) early childhood and kindergarten programs,

including family-based preschool programs that emphasize

school readiness and parental skills, and the provision

of services to Indian children with disabilities;

‘‘(H) partnership projects between local educational

agencies and institutions of higher education that allow

secondary school students to enroll in courses at the postsecondary level to aid such students in the transition from

secondary school to postsecondary education; ‘‘(I) partnership projects between schools and local

businesses for school-to-work transition programs designed

to provide Indian youth with the knowledge and skills

the youth need to make an effective transition from school

to a first job in a high-skill, high-wage career;

‘‘(J) programs designed to encourage and assist Indian

students to work toward, and gain entrance into, an institution of higher education; or

‘‘(K) other services that meet the purpose described

in subsection (a)(1).

‘‘(2) PRESERVICE OR INSERVICE TRAINING.—Preservice or

inservice training of professional and paraprofessional personnel may be a part of any program assisted under this section.

‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—
H. R. 6—267

‘‘(1) GRANT REQUIREMENTS.—(A) The Secretary may make

multiyear grants under this section for the planning, development, pilot operation, or demonstration of any activity described

in subsection (c) for a period not to exceed 5 years.

‘‘(B) In making multiyear grants under this section, the

Secretary shall give priority to applications that present a

plan for combining two or more of the activities described

in subsection (c) over a period of more than 1 year.

‘‘(C) The Secretary shall make a grant payment to an

eligible entity after the initial year of the multiyear grant

only if the Secretary determines that the eligible entity has

made substantial progress in carrying out the activities assisted

under the grant in accordance with the application submitted

under paragraph (2) and any subsequent modifications to such

application.

‘‘(D)(i) In addition to awarding the multiyear grants

described in subparagraph (A), the Secretary may award grants

to eligible entities for the dissemination of exemplary materials

or programs assisted under this section.

‘‘(ii) The Secretary may award a dissemination grant under

this subparagraph if, prior to awarding the grant, the Secretary

determines that the material or program to be disseminated

has been adequately reviewed and has a demonstrated—

‘‘(I) educational merit; and

‘‘(II) the ability to be replicated.

‘‘(2) APPLICATION.—(A) Any eligible entity that desires to

receive a grant under this subsection shall submit an application to the Secretary at such time and in such manner as

the Secretary may require. ‘‘(B) Each application submitted to the Secretary under subparagraph (A) shall contain— ‘‘(i) a description of how parents of Indian children

and representatives of Indian tribes have been, and will

be, involved in developing and implementing the activities

for which assistance is sought; ‘‘(ii) assurances that the applicant will participate, at

the request of the Secretary, in any national evaluation

of activities assisted under this section; and

‘‘(iii) such other assurances and information as the

Secretary may reasonably require.

‘‘SEC. 9122. PROFESSIONAL DEVELOPMENT.

‘‘(a) PURPOSES.—The purposes of this section are—

‘‘(1) to increase the number of qualified Indian individuals

in professions that serve Indian people;

‘‘(2) to provide training to qualified Indian individuals to

enable such individuals to become teachers, administrators,

teacher aides, social workers, and ancillary educational personnel; and

‘‘(3) to improve the skills of qualified Indian individuals

who serve in the capacities described in paragraph (2).

‘‘(b) ELIGIBLE ENTITIES.—For the purpose of this section, the

term ‘eligible entity’ means—

‘‘(1) an institution of higher education, including an Indian

institution of higher education;

‘‘(2) a State or local educational agency, in consortium

with an institution of higher education; and
H. R. 6—268

‘‘(3) an Indian tribe or organization, in consortium with

an institution of higher education.

‘‘(c) PROGRAM AUTHORIZED.—The Secretary is authorized to

award grants to eligible entities having applications approved under

this section to enable such entities to carry out the activities

described in subsection (d).

‘‘(d) AUTHORIZED ACTIVITIES.—

‘‘(1) IN GENERAL.—Grant funds under this section shall

be used to provide support and training for Indian individuals

in a manner consistent with the purposes of this section. Such

activities may include but are not limited to, continuing programs, symposia, workshops, conferences, and direct financial

support.

‘‘(2) SPECIAL RULES.—(A) For education personnel, the

training received pursuant to a grant under this section may

be inservice or preservice training.

‘‘(B) For individuals who are being trained to enter any

field other than education, the training received pursuant to

a grant under this section shall be in a program that results

in a graduate degree.

‘‘(e) APPLICATION.—

‘‘(1) IN GENERAL.—Each eligible entity desiring a grant

under this section shall submit an application to the Secretary

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

‘‘(2) PREFERENCE.—In awarding grants under this section,

the Secretary shall give preference to applications describing

programs that train Indian individuals.

‘‘(f) SPECIAL RULE.—In making grants under this section, the

Secretary—

‘‘(1) shall consider the prior performance of the eligible

entity; and

‘‘(2) may not limit eligibility to receive a grant under this

section on the basis of—

‘‘(A) the number of previous grants the Secretary has

awarded such entity; or

‘‘(B) the length of any period during which such entity

received such grants.

‘‘(g) GRANT PERIOD.—Each grant under this section shall be

awarded for a program of not more than 5 years.

‘‘(h) SERVICE OBLIGATION.—

‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives training pursuant to a

grant made under this section—

‘‘(A) perform work—

‘‘(i) related to the training received under this section; and

‘‘(ii) that benefits Indian people; or

‘‘(B) repay all or a prorated part of the assistance

received.

‘‘(2) REPORTING.—The Secretary shall establish, by regulation, a reporting procedure under which a grant recipient under

this section shall, not later than 12 months after the date

of completion of the training, and periodically thereafter, provide information concerning the compliance of such recipient

with the work requirement under paragraph (1).
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‘‘SEC. 9123. FELLOWSHIPS FOR INDIAN STUDENTS.

‘‘(a) FELLOWSHIPS.—

‘‘(1) AUTHORITY.—The Secretary is authorized to award

fellowships to Indian students to enable such students to study

in graduate and professional programs at institutions of higher

education.

‘‘(2) REQUIREMENTS.—The fellowships described in paragraph (1) shall be awarded to Indian students to enable such

students to pursue a course of study—

‘‘(A) of not more than 4 academic years; and

‘‘(B) that leads—

‘‘(i) toward a postbaccalaureate degree in medicine,

clinical psychology, psychology, law, education, and

related fields; or

‘‘(ii) to an undergraduate or graduate degree in

engineering, business administration, natural

resources, and related fields.

‘‘(b) STIPENDS.—The Secretary shall pay to Indian students

awarded fellowships under subsection (a) such stipends (including

allowances for subsistence of such students and dependents of such

students) as the Secretary determines to be consistent with prevailing practices under comparable federally supported programs.

‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUITION.—The Secretary shall pay to the institution of higher education at which

a fellowship recipient is pursuing a course of study, in lieu of

tuition charged such recipient, such amounts as the Secretary may

determine to be necessary to cover the cost of education provided

such recipient.

‘‘(d) SPECIAL RULES.—

‘‘(1) IN GENERAL.—If a fellowship awarded under subsection

(a) is vacated prior to the end of the period for which the

fellowship is awarded, the Secretary may award an additional

fellowship for the unexpired portion of the period of the fellowship.

‘‘(2) WRITTEN NOTICE.—Not later than 45 days before the

commencement of an academic term, the Secretary shall provide

to each individual who is awarded a fellowship under subsection

(a) for such academic term written notice of—

‘‘(A) the amount of the fellowship; and

‘‘(B) any stipends or other payments that will be made

under this section to, or for the benefit of, the individual

for the academic term.

‘‘(3) PRIORITY.—Not more than 10 percent of the fellowships

awarded under subsection (a) shall be awarded, on a priority

basis, to persons receiving training in guidance counseling with

a speciality in the area of alcohol and substance abuse counseling and education.

‘‘(e) SERVICE OBLIGATION.—

‘‘(1) IN GENERAL.—The Secretary shall require, by regulation, that an individual who receives financial assistance under

this section—

‘‘(A) perform work—

‘‘(i) related to the training for which the individual

receives assistance under this section; and

‘‘(ii) that benefits Indian people; or

‘‘(B) repay all or a prorated portion of such assistance.
H. R. 6—270

‘‘(2) REPORTING PROCEDURE.—The Secretary shall establish,

by regulation, a reporting procedure under which the recipient

of training assistance under this section, not later than 12

months after the date of completion of the training and periodically thereafter, shall provide information concerning the

compliance of such recipient with the work requirement under

paragraph (1).

‘‘(f) ADMINISTRATION OF FELLOWSHIPS.—The Secretary may

administer the fellowships authorized under this section through

a grant to, or contract or cooperative agreement with, an Indian

organization with demonstrated qualifications to administer all facets of the program assisted under this section.

‘‘SEC. 9124. GIFTED AND TALENTED.

‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized to—

‘‘(1) establish two centers for gifted and talented Indian

students at tribally controlled community colleges in accordance

with this section; and

‘‘(2) support demonstration projects described in subsection

(c).

‘‘(b) ELIGIBLE ENTITIES.—The Secretary shall make grants to,

or enter into contracts, for the activities described in subsection

(a), with—

‘‘(1) two tribally controlled community colleges that—

‘‘(A) are eligible for funding under the Tribally Controlled Community College Assistance Act of 1978; and

‘‘(B) are fully accredited; or

‘‘(2) if the Secretary does not receive applications that

the Secretary determines to be approvable from two colleges

that meet the requirements of paragraph (1), the American

Indian Higher Education Consortium.

‘‘(c) USE OF FUNDS.— ‘‘(1) IN GENERAL.—The grants made, or contracts entered into, by the Secretary under subsection (a) shall be used for— ‘‘(A) the establishment of centers described in subsection (a); and

‘‘(B) carrying out demonstration projects designed to— ‘‘(i) address the special needs of Indian students

in elementary and secondary schools who are gifted

and talented; and

‘‘(ii) provide such support services to the families

of the students described in clause (i) as are needed

to enable such students to benefit from the projects. ‘‘(2) SUBCONTRACTS.—Each recipient of a grant or contract under subsection (a) may enter into a contract with any other

entity, including the Children’s Television Workshop, to carry

out the demonstration project under this subsection.

‘‘(3) DEMONSTRATION PROJECTS.—Demonstration projects

assisted under subsection (a) may include—

‘‘(A) the identification of the special needs of gifted

and talented Indian students, particularly at the

elementary school level, giving attention to—

‘‘(i) the emotional and psychosocial needs of such

students; and

‘‘(ii) providing such support services to the families

of such students as are needed to enable such students

to benefit from the project;
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‘‘(B) the conduct of educational, psychosocial, and developmental activities that the Secretary determines holds

a reasonable promise of resulting in substantial progress

toward meeting the educational needs of such gifted and

talented children, including but not limited to—

‘‘(i) demonstrating and exploring the use of Indian

languages and exposure to Indian cultural traditions;

and

‘‘(ii) mentoring and apprenticeship programs;

‘‘(C) the provision of technical assistance and the

coordination of activities at schools that receive grants

under subsection (d) with respect to the activities assisted

under such grants, the evaluation of programs assisted

under such grants, or the dissemination of such evaluations;

‘‘(D) the use of public television in meeting the special

educational needs of such gifted and talented children;

‘‘(E) leadership programs designed to replicate programs for such children throughout the United States,

including disseminating information derived from the demonstration projects conducted under subsection (a); and

‘‘(F) appropriate research, evaluation, and related

activities pertaining to the needs of such children and

to the provision of such support services to the families

of such children that are needed to enable such children

to benefit from the project.

‘‘(4) APPLICATION.—Each entity desiring a grant under subsection (a) shall submit an application to the Secretary at

such time and in such manner as the Secretary may prescribe.

‘‘(d) ADDITIONAL GRANTS.— ‘‘(1) IN GENERAL.—The Secretary, in consultation with the

Secretary of the Interior, shall award 5 grants to schools funded

by the Bureau of Indian Affairs (hereafter in this section

referred to as ‘Bureau schools’) for program research and development and the development and dissemination of curriculum

and teacher training material, regarding— ‘‘(A) gifted and talented students;

‘‘(B) college preparatory studies (including programs

for Indian students with an interest in pursuing teaching

careers);

‘‘(C) students with special culturally related academic

needs, including students with social, lingual, and cultural

needs; or

‘‘(D) mathematics and science education.

‘‘(2) APPLICATIONS.—Each Bureau school desiring a grant

to conduct one or more of the activities described in paragraph

(1) shall submit an application to the Secretary in such form

and at such time as the Secretary may prescribe.

‘‘(3) SPECIAL RULE.—Each application described in paragraph (2) shall be developed, and each grant under this subsection shall be administered, jointly by the supervisor of the

Bureau school and the local educational agency serving such

school.

‘‘(4) REQUIREMENTS.—In awarding grants under paragraph

(1), the Secretary shall achieve a mixture of the programs

described in paragraph (1) that ensures that Indian students

at all grade levels and in all geographic areas of the United
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States are able to participate in a program assisted under

this subsection.

‘‘(5) GRANT PERIOD.—Subject to the availability of appropriations, grants under paragraph (1) shall be awarded for

a 3-year period and may be renewed by the Secretary for

additional 3-year periods if the Secretary determines that the

performance of the grant recipient has been satisfactory.

‘‘(6) DISSEMINATION.—(A) The dissemination of any materials developed from activities assisted under paragraph (1)

shall be carried out in cooperation with entities that receive

funds pursuant to subsection (b).

‘‘(B) The Secretary shall report to the Secretary of the

Interior and to the Congress any results from activities

described in paragraph (3)(B).

‘‘(7) EVALUATION COSTS.—(A) The costs of evaluating any

activities assisted under paragraph (1) shall be divided between

the Bureau schools conducting such activities and the recipients

of grants or contracts under subsection (b) who conduct demonstration projects under such subsection.

‘‘(B) If no funds are provided under subsection (b) for—

‘‘(i) the evaluation of activities assisted under paragraph (1);

‘‘(ii) technical assistance and coordination with respect

to such activities; or

‘‘(iii) the dissemination of the evaluations referred to

in clause (i),

then the Secretary shall make such grants, or enter into such

contracts, as are necessary to provide for the evaluations, technical assistance, and coordination of such activities, and the

dissemination of the evaluations.

‘‘(e) INFORMATION NETWORK.—The Secretary shall encourage

each recipient of a grant or contract under this section to work

cooperatively as part of a national network to ensure that the

information developed by the grant or contract recipient is readily

available to the entire educational community.

‘‘SEC. 9125. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE

PLANNING AND DEVELOPMENT.

‘‘(a) IN GENERAL.—The Secretary may make grants to Indian

tribes, and tribal organizations approved by Indian tribes, to plan

and develop a centralized tribal administrative entity to— ‘‘(1) coordinate all education programs operated by the

tribe or within the territorial jurisdiction of the tribe; ‘‘(2) develop education codes for schools within the territorial jurisdiction of the tribe;

‘‘(3) provide support services and technical assistance to

schools serving children of the tribe; and

‘‘(4) perform child-find screening services for the preschoolaged children of the tribe to—

‘‘(A) ensure placement in appropriate educational facilities; and

‘‘(B) coordinate the provision of any needed special

services for conditions such as disabilities and English

language skill deficiencies.

‘‘(b) PERIOD OF GRANT.—Each grant under this section may

be awarded for a period of not more than 3 years, except that

such grant may be renewed upon the termination of the initial
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period of the grant if the grant recipient demonstrates to the

satisfaction of the Secretary that renewing the grant for an additional 3-year period is necessary to carry out the objectives of

the grant described in subsection (c)(2)(A). ‘‘(c) APPLICATION FOR GRANT.— ‘‘(1) IN GENERAL.—Each Indian tribe and tribal organization desiring a grant under this section shall submit an application

to the Secretary at such time, in such manner, containing

such information, and consistent with such criteria, as the

Secretary may prescribe in regulations. ‘‘(2) CONTENTS.—Each application described in paragraph (1) shall contain—

‘‘(A) a statement describing the activities to be con- ducted, and the objectives to be achieved, under the grant;

and

‘‘(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance

is sought and determining whether such objectives are

achieved.

‘‘(3) APPROVAL.—The Secretary may approve an application submitted by a tribe or tribal organization pursuant to this

section only if the Secretary is satisfied that such application,

including any documentation submitted with the application— ‘‘(A) demonstrates that the applicant has consulted

with other education entities, if any, within the territorial

jurisdiction of the applicant who will be affected by the

activities to be conducted under the grant; ‘‘(B) provides for consultation with such other education

entities in the operation and evaluation of the activities

conducted under the grant; and ‘‘(C) demonstrates that there will be adequate resources

provided under this section or from other sources to complete the activities for which assistance is sought, except

that the availability of such other resources shall not be

a basis for disapproval of such application. ‘‘(d) RESTRICTION.—A tribe may not receive funds under this section if such tribe receives funds under section 1144 of the Indian

Education Amendments of 1978.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Department of Education $3,000,000

for each of the fiscal years 1995 through 1999 to carry out this

section.

‘‘Subpart 3—Special Programs Relating to Adult

Education for Indians

‘‘SEC. 9131. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR

ADULT INDIANS.

‘‘(a) IN GENERAL.—The Secretary shall award grants to State

and local educational agencies, and to Indian tribes, institutions,

and organizations—

‘‘(1) to support planning, pilot, and demonstration projects

that are designed to test and demonstrate the effectiveness

of programs for improving employment and educational

opportunities for adult Indians;

‘‘(2) to assist in the establishment and operation of programs that are designed to stimulate—
H. R. 6—274

‘‘(A) basic literacy opportunities for all nonliterate

Indian adults; and

‘‘(B) the provision of opportunities to all Indian adults

to qualify for a secondary school diploma, or its recognized

equivalent, in the shortest period of time feasible;

‘‘(3) to support a major research and development program

to develop more innovative and effective techniques for achieving literacy and secondary school equivalency for Indians;

‘‘(4) to provide for basic surveys and evaluations to define

accurately the extent of the problems of illiteracy and lack

of secondary school completion among Indians; and

‘‘(5) to encourage the dissemination of information and

materials relating to, and the evaluation of, the effectiveness

of education programs that may offer educational opportunities

to Indian adults.

‘‘(b) EDUCATIONAL SERVICES.—The Secretary may make grants

to Indian tribes, institutions, and organizations to develop and

establish educational services and programs specifically designed

to improve educational opportunities for Indian adults.

‘‘(c) INFORMATION AND EVALUATION.—The Secretary may make

grants to, and enter into contracts with, public agencies and institutions and Indian tribes, institutions, and organizations, for—

‘‘(1) the dissemination of information concerning educational programs, services, and resources available to Indian

adults, including evaluations of the programs, services, and

resources; and

‘‘(2) the evaluation of federally assisted programs in which

Indian adults may participate to determine the effectiveness

of the programs in achieving the purposes of the programs

with respect to Indian adults.

‘‘(d) APPLICATIONS.—

‘‘(1) IN GENERAL.—Each entity desiring a grant under this

section shall submit to the Secretary an application at such

time, in such manner, containing such information, and consistent with such criteria, as the Secretary may prescribe in regulations.

‘‘(2) CONTENTS.—Each application described in paragraph

(1) shall contain—

‘‘(A) a statement describing the activities to be conducted, and the objectives to be achieved, under the grant;

and

‘‘(B) a description of the method to be used for evaluating the effectiveness of the activities for which assistance

is sought and determining whether the objectives of the

grant are achieved.

‘‘(3) APPROVAL.—The Secretary shall not approve an

application described in paragraph (1) unless the Secretary

determines that such application, including any documentation

submitted with the application, indicates—

‘‘(A) there has been adequate participation, by the

individuals to be served and appropriate tribal communities, in the planning and development of the activities

to be assisted; and

‘‘(B) the individuals and tribal communities referred

to in subparagraph (A) will participate in the operation

and evaluation of the activities to be assisted.
H. R. 6—275

‘‘(4) PRIORITY.—In approving applications under paragraph

(1), the Secretary shall give priority to applications from Indian

educational agencies, organizations, and institutions.

‘‘Subpart 4—National Research Activities

‘‘SEC. 9141. NATIONAL ACTIVITIES.

‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may use funds

made available under section 9162(b) for each fiscal year to—

‘‘(1) conduct research related to effective approaches for

the education of Indian children and adults;

‘‘(2) evaluate federally assisted education programs from

which Indian children and adults may benefit;

‘‘(3) collect and analyze data on the educational status

and needs of Indians; and

‘‘(4) carry out other activities that are consistent with the

purpose of this part.

‘‘(b) ELIGIBILITY.—The Secretary may carry out any of the

activities described in subsection (a) directly or through grants

to, or contracts or cooperative agreements with Indian tribes, Indian

organizations, State educational agencies, local educational agencies, institutions of higher education, including Indian institutions

of higher education, and other public and private agencies and

institutions.

‘‘(c) COORDINATION.—Research activities supported under this

section—

‘‘(1) shall be carried out in consultation with the Office

of Educational Research and Improvement to assure that such

activities are coordinated with and enhance the research and

development activities supported by the Office; and ‘‘(2) may include collaborative research activities which

are jointly funded and carried out by the Office of Indian

Education and the Office of Educational Research and Improvement.

‘‘Subpart 5—Federal Administration

‘‘SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

‘‘(a) MEMBERSHIP.—There is established a National Advisory Council on Indian Education (hereafter in this section referred

to as the ‘Council’), which shall—

‘‘(1) consist of 15 Indian members, who shall be appointed

by the President from lists of nominees furnished, from time

to time, by Indian tribes and organizations; and

‘‘(2) represent different geographic areas of the United

States.

‘‘(b) DUTIES.—The Council shall—

‘‘(1) advise the Secretary concerning the funding and

administration (including the development of regulations and

administrative policies and practices) of any program, including

any program established under this part—

‘‘(A) with respect to which the Secretary has jurisdiction; and

‘‘(B)(i) that includes Indian children or adults as

participants; or

‘‘(ii) that may benefit Indian children or adults;
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‘‘(2) make recommendations to the Secretary for filling

the position of Director of Indian Education whenever a vacancy

occurs; and

‘‘(3) submit to the Congress, not later than June 30 of

each year, a report on the activities of the Council, including—

‘‘(A) any recommendations that the Council considers

appropriate for the improvement of Federal education programs that include Indian children or adults as participants, or that may benefit Indian children or adults; and

‘‘(B) recommendations concerning the funding of any

program described in subparagraph (A).

‘‘SEC. 9152. PEER REVIEW.

‘‘The Secretary may use a peer review process to review applications submitted to the Secretary under subpart 2, 3, or 4.

‘‘SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.

‘‘In making grants under subpart 2, 3, or 4, the Secretary

shall give a preference to Indian tribes, organizations, and institutions of higher education under any program with respect to which

Indian tribes, organizations, and institutions are eligible to apply

for grants.

‘‘SEC. 9154. MINIMUM GRANT CRITERIA.

‘‘The Secretary may not approve an application for a grant

under subpart 2 or 3 unless the application is for a grant that

is—

‘‘(1) of sufficient size, scope, and quality to achieve the

purpose or objectives of such grant; and

‘‘(2) based on relevant research findings.

‘‘Subpart 6—Definitions; Authorizations of

Appropriations

‘‘SEC. 9161. DEFINITIONS.

‘‘As used in this part:

‘‘(1) ADULT.—The term ‘adult’ means an individual who—

‘‘(A) has attained the age of 16 years; or

‘‘(B) has attained an age that is greater than the age

of compulsory school attendance under an applicable State

law.

‘‘(2) ADULT EDUCATION.—The term ‘adult education’ has

the meaning given such term in section 312(2) of the Adult

Education Act.

‘‘(3) FREE PUBLIC EDUCATION.—The term ‘free public education’ means education that is—

‘‘(A) provided at public expense, under public supervision and direction, and without tuition charge; and

‘‘(B) provided as elementary or secondary education

in the applicable State or to preschool children.

‘‘(4) INDIAN.—The term ‘Indian’ means an individual who

is—

‘‘(A) a member of an Indian tribe or band, as membership is defined by the tribe or band, including—

‘‘(i) any tribe or band terminated since 1940; and

‘‘(ii) any tribe or band recognized by the State

in which the tribe or band resides;
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‘‘(B) a descendant, in the first or second degree, of an individual described in subparagraph (A); ‘‘(C) considered by the Secretary of the Interior to be an Indian for any purpose; ‘‘(D) an Eskimo, Aleut, or other Alaska Native; or

‘‘(E) a member of an organized Indian group that received a grant under the Indian Education Act of 1988

as it was in effect the day preceding the date of enactment

of the Act entitled the ‘Improving America’s Schools Act

of 1994’.

‘‘SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.

‘‘(a) SUBPART 1.—For the purpose of carrying out subpart 1 of this part, there are authorized to be appropriated to the Department of Education $61,300,000 for fiscal year 1995 and such sums

as may be necessary for each of the four succeeding fiscal years. ‘‘(b) SUBPARTS 2 THROUGH 4.—For the purpose of carrying out subparts 2, 3, and 4 of this part, there are authorized to

be appropriated to the Department of Education $26,000,000 for

fiscal year 1995 and such sums as may be necessary for each

of the four succeeding fiscal years. ‘‘(c) SUBPART 5.—For the purpose of carrying out subpart 5 of this part, there are authorized to be appropriated to the Department of Education $3,775,000 for fiscal year 1995 and such sums

as may be necessary for each of the four succeeding fiscal years.

‘‘PART B—NATIVE HAWAIIANS

‘‘SEC. 9201. SHORT TITLE.

‘‘This part may be cited as the ‘Native Hawaiian Education

Act’.

‘‘SEC. 9202. FINDINGS.

‘‘The Congress finds and declares as follows: ‘‘(1) Native Hawaiians are a distinct and unique indigenous people with a historical continuity to the original inhabitants

of the Hawaiian archipelago, whose society was organized as

a nation and internationally recognized as such by the United

States, Britain, France, and Japan, as evidenced by treaties

governing friendship, commerce, and navigation. ‘‘(2) At the time of the arrival of the first non-indigenous people in Hawai‘i in 1778, the Native Hawaiian people lived

in a highly organized, self-sufficient subsistence social system

based on a communal land tenure system with a sophisticated

language, culture, and religion. ‘‘(3) A unified monarchial government of the Hawaiian Islands was established in 1810 under Kamehameha I, the

first King of Hawai‘i. ‘‘(4) From 1826 until 1893, the United States recognized the sovereignty and independence of the Kingdom of Hawai‘i,

which was established in 1810 under Kamehameha I, extended

full and complete diplomatic recognition to the Kingdom of

Hawai‘i, and entered into treaties and conventions with the

Kingdom of Hawai‘i to govern friendship, commerce and navigation in 1826, 1842, 1849, 1875, and 1887.

‘‘(5) In 1893, the sovereign, independent, internationally recognized, and indigenous government of Hawai‘i, the Kingdom

of Hawai‘i, was overthrown by a small group of non-Hawaiians,

including United States citizens, who were assisted in their
H. R. 6—278

efforts by the United States Minister, a United States naval

representative, and armed naval forces of the United States.

Because of the participation of United States agents and citizens in the overthrow of the Kingdom of Hawai‘i, the Congress,

on behalf of the people of the United States, apologized to

Native Hawaiians for the overthrow and the deprivation of

the rights of Native Hawaiians to self-determination through

Public Law 103–150 (107 Stat. 1510).

‘‘(6) In 1898, the joint resolution entitled ‘A Joint Resolution

to provide for annexing the Hawaiian Islands to the United

States’, approved July 7, 1898 (30 Stat. 750), ceded absolute

title of all lands held by the Republic of Hawai‘i, including

the government and crown lands of the former Kingdom of

Hawai‘i, to the United States, but mandated that revenue generated from these lands be used ‘solely for the benefit of the

inhabitants of the Hawaiian Islands for educational and other

public purposes’.

‘‘(7) By 1919, the Native Hawaiian population had declined

from an estimated 1,000,000 in 1778 to an alarming 22,600,

and in recognition of this severe decline, the Congress in 1921

enacted the Hawaiian Homes Commission Act, 1920, which

designated approximately 200,000 acres of ceded public lands

for homesteading by Native Hawaiians.

‘‘(8) Through the enactment of the Hawaiian Homes

Commission Act, 1920, the Congress affirmed the special relationship between the United States and the Native Hawaiians,

as expressed by then Secretary of the Interior Franklin K.

Lane, who was quoted in the committee report for the Hawaiian

Homes Commission Act, 1920, as saying: ‘One thing that

impressed me . . . was the fact that the natives of the island

who are our wards, I should say, and for whom in a sense

we are trustees, are falling off rapidly in numbers and many

of them are in poverty.’. ‘‘(9) In 1938, the United States Congress again acknowledged the unique status of the Hawaiian people by including

in the Act of June 20, 1938 (52 Stat. 781 et seq.), a provision

to lease lands within the National Parks extension to Native

Hawaiians and to permit fishing in the area ‘only by native

Hawaiian residents of said area or of adjacent villages and

by visitors under their guidance.’. ‘‘(10) Under the Act entitled ‘An Act to provide for the

admission of the State of Hawai‘i into the Union’ approved

March 18, 1959 (73 Stat. 4), the United States transferred

responsibility for the administration of the Hawaiian Home

Lands to the State of Hawai‘i but reaffirmed the trust relationship which existed between the United States and the Hawaiian

people by retaining the exclusive power to enforce the trust,

including the power to approve land exchanges and legislative

amendments affecting the rights of beneficiaries under such

Act.

‘‘(11) In 1959, under the Act entitled ‘An Act to provide

for the admission of the State of Hawai‘i into the Union’,

approved March 18, 1959 (73 Stat. 4), the United States ceded

to the State of Hawai‘i title to the public lands formerly held

by the United States, but mandated that such lands be held

by the State ‘in public trust’ and reaffirmed the special relationship which existed between the United States and the Hawaiian
H. R. 6—279

people by retaining the legal responsibility to enforce the public

trust responsibility of the State of Hawai‘i for the betterment

of the conditions of Native Hawaiians, as defined in section

201(a) of the Hawaiian Homes Commission Act, 1920.

‘‘(12) The United States assumed special responsibilities

for Native Hawaiian lands and resources at the time of the

annexation of the Territory in 1898, upon adoption of the

Hawaiian Homes Commission Act, 1920, and upon admission

of the State of Hawai‘i into the Union in 1959, and has retained

certain of those responsibilities.

‘‘(13) In recognition of the special relationship which exists

between the United States and the Native Hawaiian people,

the Congress has extended to Native Hawaiians the same rights

and privileges accorded to American Indian, Alaska Native,

Eskimo, and Aleut communities under the Native American

Programs Act of 1974, the American Indian Religious Freedom

Act, the National Museum of the American Indian Act, the

Native American Graves Protection and Repatriation Act, the

National Historic Preservation Act, and the Native American

Languages Act.

‘‘(14) In recognition of the special relationship which exists

between the United States and the Native Hawaiian people,

the Congress has enacted numerous special provisions of law

for the benefit of Native Hawaiians in the areas of health,

education, labor, and housing.

‘‘(15) In 1981, the Senate instructed the Office of Education

to submit to the Congress a comprehensive report on Native

Hawaiian education. The report, entitled the ‘Native Hawaiian

Educational Assessment Project’, was released in 1983 and

documented that Native Hawaiians scored below parity with

national norms on standardized achievement tests, were disproportionately represented in many negative social and physical statistics, indicative of special educational needs, and had

educational needs which were related to their unique cultural

situation, such as different learning styles and low self-image.

‘‘(16) In recognition of the educational needs of Native

Hawaiians, in 1988, the Congress enacted title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary

School Improvement Amendments of 1988 to authorize and

develop supplemental educational programs to benefit Native

Hawaiians.

‘‘(17) In 1993, the Kamehameha Schools Bishop Estate

released a ten-year update of the Native Hawaiian Educational

Assessment Project, which found that despite the successes

of the programs established under title IV of the Augustus

F. Hawkins-Robert T. Stafford Elementary and Secondary

School Improvement Amendments of 1988, many of the same

educational needs still exist for Native Hawaiians. For example—

‘‘(A) educational risk factors continue to start even

before birth for many Native Hawaiian children, including—

‘‘(i) late or no prenatal care;

‘‘(ii) half of Native Hawaiian women who give birth

are unmarried; and

‘‘(iii) high rates of births to teenage parents;
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‘‘(B) Native Hawaiian students continue to begin their

school experience lagging behind other students in terms

of readiness factors such as vocabulary test scores;

‘‘(C) Native Hawaiian students continue to score below

national norms on standardized education achievement

tests at all grade levels;

‘‘(D) both public and private schools continue to show

a pattern of lower percentages of Native Hawaiian students

in the uppermost achievement levels and in gifted and

talented programs;

‘‘(E) Native Hawaiian students continue to be overrepresented among students qualifying for special education programs provided to students with learning disabilities, mild mental retardation, emotional impairment, and

other such disabilities;

‘‘(F) Native Hawaiians continue to be underrepresented

in institutions of higher education and among adults who

have completed four or more years of college;

‘‘(G) Native Hawaiians continue to be disproportionately represented in many negative social and physical

statistics, indicative of special educational needs, for example—

‘‘(i) Native Hawaiian students are more likely to

be retained in grade level and to be excessively absent

in secondary school;

‘‘(ii) Native Hawaiian students are the highest

users of drugs and alcohol in the State of Hawai‘i;

and

‘‘(iii) Native Hawaiian children continue to be disproportionately victimized by child abuse and neglect;

and

‘‘(H) Native Hawaiians now comprise over 23 percent

of the students served by the State of Hawai‘i Department

of Education and there are and will continue to be geographically rural, isolated areas with a high Native Hawaiian population density.

‘‘(18) The findings described in paragraphs (1) through

(17) are contrary to the high rate of literacy and integration

of traditional culture and Western education achieved by Native

Hawaiians through a Hawaiian language-based public school

system established in 1840 by Kamehameha III.

‘‘(19) After the overthrow of the Kingdom of Hawai‘i in

1893, Hawaiian medium schools were banned. After annexation,

throughout the territorial and statehood period, and until 1986,

use of Hawaiian as a medium of education in public schools

was declared unlawful, thereby causing incalculable harm to

a culture that placed a very high value on the power of language, as exemplified in the traditional saying: ‘I ka ‘o ̄lelo

no ke ola; I ka ‘o ̄lelo no ka make. In the language rests life;

In the language rests death.’.

‘‘(20) Despite the consequences of over 100 years of

nonindigenous influence, the Native Hawaiian people are determined to preserve, develop, and transmit to future generations

their ancestral territory, and their cultural identity in accordance with their own spiritual and traditional beliefs, customs,

practices, language, and social institutions.
H. R. 6—281

‘‘(21) The State of Hawai‘i, in the constitution and statutes

of the State of Hawai‘i—

‘‘(A) reaffirms and protects the unique right of the

Native Hawaiian people to practice and perpetuate their

culture and religious customs, beliefs, practices, and language; and

‘‘(B) recognizes the traditional language of the Native

Hawaiian people as an official language of the State of

Hawai‘i, which may be used as the language of instruction

for all subjects and grades in the public school system.

‘‘SEC. 9203. PURPOSE.

‘‘It is the purpose of this part to—

‘‘(1) authorize and develop supplemental educational programs to assist Native Hawaiians in reaching the National

Education Goals;

‘‘(2) provide direction and guidance to appropriate Federal,

State, and local agencies to focus resources, including resources

made available under this part, on Native Hawaiian education,

through the establishment of a Native Hawaiian Education

Council, and five island councils;

‘‘(3) supplement and expand existing programs and authorities in the area of education to further the purposes of the

title; and

‘‘(4) encourage the maximum participation of Native Hawaiians in planning and management of Native Hawaiian Education Programs.

‘‘SEC. 9204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND

COUNCILS.

‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDUCATION COUN- CIL.—In order to better effectuate the purposes of this part through

the coordination of educational and related services and programs

available to Native Hawaiians, including those programs receiving

funding under this part, the Secretary is authorized to establish

a Native Hawaiian Education Council (hereafter in this part

referred to as the ‘Education Council’).

‘‘(b) COMPOSITION OF EDUCATION COUNCIL.—The Education

Council shall consist of not more than 25 members, including a

representative of—

‘‘(1) each recipient of funds from the Secretary under this

part;

‘‘(2) the State of Hawai‘i Department of Education;

‘‘(3) the State of Hawai‘i Office of Hawaiian Affairs;

‘‘(4) Native Hawaiian educational organizations, such as

Alu Like, Inc., Kamehameha Schools Bishop Estate, Hawaiian

Language Immersion Advisory Council, Aha Punana Leo, and

the Queen Lili‘uokalani Trust and Children’s Center; and

‘‘(5) each Native Hawaiian education island council established under subsection (f).

‘‘(c) CONDITIONS AND TERMS.—At least three-fourths of the

members of the Education Council shall be Native Hawaiians. Members of the Education Council shall be appointed for three-year

terms.

‘‘(d) ADMINISTRATIVE GRANT FOR THE EDUCATION COUNCIL.—

The Secretary shall make a direct grant to the Education Council

in order to enable the Education Council to—
H. R. 6—282

‘‘(1) coordinate the educational and related services and

programs available to Native Hawaiians, including the programs assisted under this part, and assess the extent to which

such services and programs meet the needs of Native Hawaiians; and

‘‘(2) provide direction and guidance, through the issuance

of reports and recommendations, to appropriate Federal, State,

and local agencies in order to focus and improve the use of

resources, including resources made available under this part,

on Native Hawaiian education.

‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION COUNCIL.—

‘‘(1) IN GENERAL.—The Education Council shall provide copies of any reports and recommendations issued by the Education

Council to the Secretary, the Committee on Indian Affairs

of the Senate, and the Committee on Education and Labor

of the House of Representatives, including any information

that the Education Council provides to the Secretary pursuant

to subsection (i).

‘‘(2) ANNUAL REPORT.—The Education Council shall present

to the Secretary an annual report on the Education Council’s

activities.

‘‘(3) ISLAND COUNCIL SUPPORT AND ASSISTANCE.—The Education Council shall provide such administrative support and

financial assistance to the island councils established pursuant

to subsection (f) as the Secretary deems appropriate.

‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—

‘‘(1) IN GENERAL.—In order to better effectuate the purposes

of this part and to ensure the adequate representation of island

and community interests within the Education Council, the

Office of Hawaiian Affairs of the State of Hawai‘i is authorized

to facilitate the establishment of Native Hawaiian education

island councils (hereafter in this part referred to as ‘island

councils’) for the following islands:

‘‘(A) Hawai‘i.

‘‘(B) Maui and Lana‘i.

‘‘(C) Moloka‘i.

‘‘(D) Kaua‘i and Ni‘ihau.

‘‘(E) O‘ahu.

‘‘(2) COMPOSITION OF ISLAND COUNCILS.—Each island council shall consist of parents, students, and other community

members who have an interest in the education of Native

Hawaiians, and shall be representative of the educational needs

of all age groups, from preschool through adulthood. At least

three-fourths of the members of each island council shall be

Native Hawaiians

‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO EDUCATION

COUNCIL AND ISLAND COUNCILS.—The Education Council and each

island council shall meet at the call of the chairperson of the

respective council, or upon the request of the majority of the members of the respective council, but in any event not less than

four times during each calendar year. The provisions of the Federal

Advisory Committee Act shall not apply to the Education Council

and each island council.

‘‘(h) COMPENSATION.—Members of the Education Council and

each island council shall not receive any compensation for services

on the Education Council and each island council, respectively.
H. R. 6—283

‘‘(i) REPORT.—Not later than four years after the date of the

enactment of the Improving America’s Schools Act of 1994, the

Secretary shall prepare and submit to the Committee on Indian

Affairs of the Senate, and the Committee on Education and Labor

of the House of Representatives, a report which summarizes the

annual reports of the Education Council, describes the allocation

and utilization of funds under this part, and contains recommendations for changes in Federal, State, and local policy to advance

the purposes of this part.

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $500,000 for fiscal year 1995, and such sums

as may be necessary for each of the 4 succeeding fiscal years,

to carry out this section. Funds appropriated under the authority

of this subsection shall remain available until expended.

‘‘SEC. 9205. NATIVE HAWAIIAN FAMILY-BASED EDUCATION CENTERS.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make

direct grants, to Native Hawaiian educational organizations or educational entities with experience in developing or operating Native

Hawaiian programs or programs of instruction conducted in the

Native Hawaiian language, to expand the operation of FamilyBased Education Centers throughout the Hawaiian Islands. The

programs of such centers may be conducted in the Hawaiian language, the English language, or a combination thereof, and shall

include—

‘‘(1) parent-infant programs for prenatal through threeyear-olds;

‘‘(2) preschool programs for four- and five-year-olds;

‘‘(3) continued research and development; and

‘‘(4) a long-term followup and assessment program, which

may include educational support services for Native Hawaiian

language immersion programs or transition to English speaking

programs.

‘‘(b) ADMINISTRATIVE COSTS.—Not more than 7 percent of the

funds appropriated to carry out the provisions of this section for

any fiscal year may be used for administrative purposes. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to any

other amount authorized to be appropriated for the centers

described in subsection (a), there are authorized to be appropriated

$6,000,000 for fiscal year 1995, and such sums as may be necessary

for each of the four succeeding fiscal years, to carry out this section.

Funds appropriated under the authority of this subsection shall

remain available until expended.

‘‘SEC. 9206. NATIVE HAWAIIAN HIGHER EDUCATION PROGRAM.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) IN GENERAL.—The Secretary is authorized to make

direct grants, to Native Hawaiian educational organizations

or educational entities with experience in developing or operating Native Hawaiian programs or programs of instruction conducted in the Native Hawaiian language, to enable such

organizations or entities to provide a program of baccalaureate

and post-baccalaureate fellowship assistance to Native Hawaiian students.

‘‘(2) ACTIVITIES.—Such program may include—

‘‘(A) full or partial fellowship support for Native Hawaiian students enrolled at two- or four-year degree granting
H. R. 6—284

institutions of higher education with awards to be based

on academic potential and financial need; and

‘‘(B) full or partial fellowship support for Native Hawaiian students enrolled at post-baccalaureate degree granting

institutions of higher education with priority given to

providing fellowship support for professions in which

Native Hawaiians are underrepresented and with fellowship awards to be based on academic potential and financial

need;

‘‘(C) counseling and support services for students

receiving fellowship assistance under paragraph (1);

‘‘(D) college preparation and guidance counseling at

the secondary school level for students who may be eligible

for fellowship support pursuant to subsection (a)(2)(A);

‘‘(E) appropriate research and evaluation of the activities authorized by this section; and

‘‘(F) implementation of faculty development programs

for the improvement and matriculation of Native Hawaiian

students.

‘‘(b) SPECIAL CONDITIONS REQUIRED.—For the purpose of fellowships awarded under subsection (a), fellowship conditions shall

be established whereby fellowship recipients obtain an enforceable

contract obligation to provide their professional services, either

during the fellowship period or upon completion of a baccalaureate

or post-baccalaureate degree program, to the Native Hawaiian

community.

‘‘(c) SPECIAL RULE.—No policy shall be made in implementing

this section to prevent a Native Hawaiian student enrolled at

an accredited two- or four-year degree granting institution of higher

education outside of the State of Hawai‘i from receiving a fellowship

pursuant to subsections (a) and (b) of this section.

‘‘(d) ADMINISTRATIVE COSTS.—Not more than 7 percent of the

funds appropriated to carry out the provisions of this section for

any fiscal year may be used for administrative purposes. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $2,000,000 for fiscal year 1995, and such sums

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

to carry out this section. Funds appropriated under the authority

of this subsection shall remain available until expended.

‘‘SEC. 9207. NATIVE HAWAIIAN GIFTED AND TALENTED PROGRAM.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make

a grant, to a Native Hawaiian educational organization or an educational entity with experience in developing or operating Native

Hawaiian programs or programs of instruction conducted in the

Native Hawaiian language, for a gifted and talented program

designed to—

‘‘(1) address the special needs of Native Hawaiian

elementary and secondary school students who are gifted and

talented students; and

‘‘(2) provide those support services to the families of such

students that are needed to enable such students to benefit

from the program.

‘‘(b) USES OF FUNDS.—The program funded under this section

may include—

‘‘(1) the identification of the special needs of Native Hawaiian gifted and talented students, particularly with respect to—
H. R. 6—285

‘‘(A) the emotional and psychosocial needs of such students; and

‘‘(B) the provision of those support services to the families of such students that are needed to enable such students to benefit from the program;

‘‘(2) the conduct of educational, psychosocial, and developmental activities which hold reasonable promise of resulting

in substantial progress toward meeting the educational needs

of such students, including demonstrating and exploring the

use of the Native Hawaiian language and exposure to Native

Hawaiian cultural traditions;

‘‘(3) leadership programs designed to—

‘‘(A) replicate programs throughout the State of Hawai‘i

for gifted and talented students who are not served under

this section; and

‘‘(B) coordinate with other Native American gifted and

talented leadership programs, including the dissemination

of information derived from the program conducted under

this section; and

‘‘(4) appropriate research, evaluation, and related activities

pertaining to—

‘‘(A) the needs of such students; and

‘‘(B) the provision of those support services to the families of such students that are needed to enable such students to benefit from the program.

‘‘(c) INFORMATION PROVISION.—The Secretary is authorized to

facilitate the establishment of a national network of Native Hawaiian and American Indian Gifted and Talented Centers, and ensure

that the information developed by these centers shall be readily

available to the educational community at large.

‘‘(d) ADMINISTRATIVE COSTS.—Not more than 7 percent of the

funds appropriated to carry out the provisions of this section for

any fiscal year may be used for administrative purposes.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In addition to any

other amount authorized to be appropriated for the program

described in this section, there are authorized to be appropriated

$1,500,000 for fiscal year 1995, and such sums as may be necessary

for each of the 4 succeeding fiscal years, to carry out this section.

Funds appropriated under the authority of this subsection shall

remain available until expended.

‘‘SEC. 9208. NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make

grants to, or enter into contracts with, Native Hawaiian educational

organizations or educational entities with experience in developing

or operating Native Hawaiian programs or programs of instruction

conducted in the Native Hawaiian language, to operate a program

to address the special education needs of Native Hawaiian students.

Such program may include—

‘‘(1) the identification of Native Hawaiian students with

disabilities or who are otherwise in need of special educational

services;

‘‘(2) the identification of the special education needs of

such students, particularly with respect to—

‘‘(A) the emotional and psychosocial needs of such students; and
H. R. 6—286

‘‘(B) the provision of those support services to the families of such students that are needed to enable such students to benefit from the program;

‘‘(3) the conduct of educational activities consistent with

part B of the Education of Individuals with Disabilities Education Act which hold reasonable promise of resulting in

substantial progress toward meeting the educational needs of

such students;

‘‘(4) the conduct of educational, psychosocial, and developmental activities which hold reasonable promise of resulting

in substantial progress toward meeting the educational needs

of such students, including demonstrating and exploring the

use of the Native Hawaiian language and exposure to Native

Hawaiian cultural traditions; and

‘‘(5) appropriate research, evaluation, and related activities

pertaining to—

‘‘(A) the needs of such students;

‘‘(B) the provision of those support services to the families of such students that are needed to enable such student

to benefit from the program; and

‘‘(C) the outcomes and benefits of activities assisted

under this section upon such students.

‘‘(b) ADMINISTRATIVE COSTS.—Not more than 7 percent of the

funds appropriated to carry out the provisions of this section for

any fiscal year may be used for administrative purposes.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In addition to any

other amount authorized to be appropriated for the program

described in this section, there are authorized to be appropriated

$2,000,000 for fiscal year 1995, and such sums as may be necessary

for each of the four succeeding fiscal years, to carry out this section.

Funds appropriated under the authority of this subsection shall

remain available until expended.

‘‘SEC. 9209. NATIVE HAWAIIAN CURRICULUM DEVELOPMENT, TEACHER

TRAINING AND RECRUITMENT PROGRAM.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make

direct grants, to Native Hawaiian educational organizations or educational entities with experience in developing or operating Native

Hawaiian programs or programs of instruction conducted in the

Native Hawaiian language, for the following purposes: ‘‘(1) CURRICULA.—The development of curricula to address

the needs of Native Hawaiian students, particularly elementary

and secondary school students, which may include programs

of instruction conducted in the Native Hawaiian language, and

mathematics and science curricula incorporating the relevant

application of Native Hawaiian culture and traditions.

‘‘(2) PRETEACHER TRAINING.—The development and

implementation of preteacher training programs in order to

ensure that student teachers within the State of Hawai‘i,

particularly student teachers who are likely to be employed

in schools with a high concentration of Native Hawaiian students, are prepared to better address the unique needs of

Native Hawaiian students, within the context of Native Hawaiian culture, language and traditions.

‘‘(3) INSERVICE TEACHER TRAINING.—The development and

implementation of inservice teacher training programs, in order

to ensure that teachers, particularly teachers employed in
H. R. 6—287

schools with a high concentration of Native Hawaiian students,

are prepared to better address the unique needs of Native

Hawaiian students, within the context of Native Hawaiian culture, language and traditions. ‘‘(4) TEACHER RECRUITMENT.—The development and

implementation of teacher recruitment programs to meet the

objectives of— ‘‘(A) enhancing teacher recruitment within commu- nities with a high concentration of Native Hawaiian students; and

‘‘(B) increasing the numbers of teachers who are of

Native Hawaiian ancestry. ‘‘(b) PRIORITY.—In awarding grants under this section, the Sec- retary shall give priority to awarding grants for activities described

in subsection (a) that—

‘‘(1) focus on the needs of at-risk youth; or

‘‘(2) employ a program of instruction conducted in the Native Hawaiian language, except that entities receiving grants

awarded pursuant to subsection (a)(2) shall coordinate in the

development of new curricula.

‘‘(c) ADMINISTRATIVE COSTS.—Not more than 7 percent of the

funds appropriated to carry out the provisions of this section for

any fiscal year may be used for administrative purposes. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $2,000,000 for fiscal year 1995, and such sums

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

to carry out this section. Funds appropriated under the authority

of this subsection shall remain available until expended.

‘‘SEC. 9210. NATIVE HAWAIIAN COMMUNITY-BASED EDUCATION LEARNING CENTERS.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make direct grants, to collaborative efforts between community-based

Native Hawaiian organizations and community colleges, to develop,

establish, and operate a minimum of three community-based education learning centers. ‘‘(b) PURPOSE.—The learning centers described in subsection (a) shall meet the needs of families and communities through interdepartmental and interagency coordination of new and existing

public and private programs and services, which may include— ‘‘(1) preschool programs;

‘‘(2) after-school programs; and

‘‘(3) vocational and adult education programs. ‘‘(c) ADMINISTRATIVE COSTS.—Not more than 7 percent of the

funds appropriated to carry out the provisions of this section for

any fiscal year may be used for administrative purposes. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $1,000,000 for fiscal year 1995, and such sums

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

to carry out this section. Funds appropriated under the authority

of this subsection shall remain available until expended.

‘‘SEC. 9211. ADMINISTRATIVE PROVISIONS.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under

this part, nor any contract be entered into under this part, unless

an application is submitted to the Secretary in such form, in such

manner, and containing such information as the Secretary may

determine necessary to carry out the provisions of this title.
H. R. 6—288

‘‘(b) SPECIAL RULE.—Each application submitted under this title

shall be accompanied by the comments of each local educational

agency serving students who will participate in the project for

which assistance is sought.

‘‘SEC. 9212. DEFINITIONS.

‘‘For the purposes of this part—

‘‘(1) The term ‘Native Hawaiian’ means any individual who

is—

‘‘(A) a citizen of the United States; and

‘‘(B) a descendant of the aboriginal people, who prior

to 1778, occupied and exercised sovereignty in the area

that now comprises the State of Hawai‘i, as evidenced

by—

‘‘(i) genealogical records;

‘‘(ii) Ku ̄puna (elders) or Kama‘a ̄ina (long-term

community residents) verification; or

‘‘(iii) certified birth records.

‘‘(2) The term ‘Native Hawaiian educational organization’

means a private nonprofit organization that—

‘‘(A) serves the interests of Native Hawaiians;

‘‘(B) has Native Hawaiians in substantive and policymaking positions within the organization;

‘‘(C) has a demonstrated expertise in the education

of Native Hawaiian youth; and

‘‘(D) has demonstrated expertise in research and program development.

‘‘(3) The term ‘Native Hawaiian Organization’ means a

private nonprofit organization that—

‘‘(A) serves the interests of Native Hawaiians;

‘‘(B) has Native Hawaiians in substantive and policymaking positions within the organizations; and

‘‘(C) is recognized by the Governor of Hawai‘i for the

purpose of planning, conducting, or administering programs

(or portions of programs) for the benefit of Native Hawaiians.

‘‘(4) The term ‘Native Hawaiian language’ means the single

Native American language indigenous to the original inhabitants of the State of Hawai‘i.

‘‘(5) The term ‘Office of Hawaiian Affairs’ means the Office

of Hawaiian Affairs established by the Constitution of the State

of Hawai‘i.

‘‘(6) The term ‘Native Hawaiian community-based organization’ means any organization which is composed primarily of

Native Hawaiians from a specific community and which assists

in the social, cultural and educational development of Native

Hawaiians in that community.

‘‘PART C—ALASKA NATIVE EDUCATION

‘‘SEC. 9301. SHORT TITLE.

‘‘This part may be cited as the ‘Alaska Native Educational

Equity, Support and Assistance Act’.

‘‘SEC. 9302. FINDINGS.

‘‘The Congress finds and declares:
H. R. 6—289

‘‘(1) The attainment of educational success is critical to

the betterment of the conditions, long-term well-being and

preservation of the culture of Alaska Natives.

‘‘(2) It is the policy of the Federal Government to encourage

the maximum participation by Alaska Natives in the planning

and the management of Alaska Native education programs.

‘‘(3) Alaska Native children enter and exit school with

serious educational handicaps.

‘‘(4) The educational achievement of Alaska Native children

is far below national norms. In addition to low Native performance on standardized tests, Native student dropout rates are

high, and Natives are significantly underrepresented among

holders of baccalaureate degrees in the State of Alaska. As

a result, Native students are being denied their opportunity

to become full participants in society by grade school and high

school educations that are condemning an entire generation

to an underclass status and a life of limited choices.

‘‘(5) The programs authorized herein, combined with

expanded Head Start, infant learning and early childhood education programs, and parent education programs are essential

if educational handicaps are to be overcome.

‘‘(6) The sheer magnitude of the geographic barriers to

be overcome in delivering educational services in rural and

village Alaska should be addressed through the development

and implementation of innovative, model programs in a variety

of areas.

‘‘(7) Congress finds that Native children should be afforded

the opportunity to begin their formal education on a par with

their non-Native peers. The Federal Government should lend

support to efforts developed by and undertaken within the

Alaska Native community to improve educational opportunity

for all students.

‘‘SEC. 9303. PURPOSE.

‘‘It is the purpose of this part to—

‘‘(1) recognize the unique educational needs of Alaska

Natives;

‘‘(2) authorize the development of supplemental educational

programs to benefit Alaska Natives; ‘‘(3) supplement existing programs and authorities in the

area of education to further the purposes of this part; and

‘‘(4) provide direction and guidance to appropriate Federal,

State and local agencies to focus resources, including resources

made available under this part, on meeting the educational

needs of Alaska Natives.

‘‘SEC. 9304. ALASKA NATIVE EDUCATIONAL PLANNING, CURRICULUM

DEVELOPMENT, TEACHER TRAINING AND RECRUITMENT

PROGRAM.

‘‘(a) GENERAL AUTHORITY.—The Secretary shall make direct

grants to Alaska Native organizations or educational entities with

experience in developing or operating Alaska Native programs or

programs of instruction conducted in Alaska Native languages,

or to partnerships involving Alaska Native organizations, for the

following purposes:

‘‘(1) EDUCATIONAL PLANNING.—The consolidation of existing

educational plans, recommendations and research into
H. R. 6—290

implementation methods and strategies to improve schooling

for Alaska Natives.

‘‘(2) IMPLEMENTATION OF EDUCATIONAL PLANS.—The adoption and implementation of specific educational plans developed

under subsection (1) above.

‘‘(3) CURRICULA.—The development of curricula to address

the needs of Alaska Native students, particularly elementary

and secondary school students, which may include innovative

programs and pilot and demonstration programs to develop

and introduce curriculum materials that reflect cultural diversities or the contributions of Alaska Native people, programs

of instruction conducted in Native languages, and the development of networks to introduce successful techniques, programs

and curriculum materials to rural and urban schools, including:

‘‘(A) multimedia social studies curricula which fully

and accurately portray the role of Native Americans historically and contemporarily; and

‘‘(B) curricula and teaching materials for instructions

in Native languages.

‘‘(4) PRETEACHER TRAINING.—The development and

implementation of preteacher training programs in order to

ensure that student teachers within the State of Alaska,

particularly student teachers who are likely to be employed

in schools with a high concentration of Alaska Native students,

are prepared to better address the cultural diversity and unique

needs of Alaska Native students;

‘‘(5) TEACHER RECRUITMENT.—The development and

implementation of teacher recruitment programs to meet the

objectives of— ‘‘(A) increasing the numbers of teachers who are Alaska

Natives;

‘‘(B) enhancing teacher recruitment within communities with a high concentration of Alaska Native students;

and

‘‘(C) improving the teacher selection processes in order

to recruit teachers who are more positively responsive to

rural conditions and who are suited for effective crosscultural instruction.

‘‘(6) INSERVICE TEACHER TRAINING.—The development and

implementation of inservice teacher training programs in order

to ensure that teachers are prepared to better address the

unique needs of Alaska Native students.

‘‘(b) ADMINISTRATIVE COSTS.—Not more than 10 percent of the

funds appropriated to carry out the provisions of this section for

any fiscal year may be used for administrative purposes.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $5,000,000 for fiscal year 1995, and such sums

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

to carry out this section. Funds appropriated under the authority

of this subsection shall remain available until expended.

‘‘SEC. 9305. ALASKA NATIVE HOME BASED EDUCATION FOR PRESCHOOL CHILDREN.

‘‘(a) GENERAL AUTHORITY.—The Secretary shall make direct

grants to Alaska Native organizations or educational entities with

experience in developing or operating Alaska Native programs,

or to partnerships involving Alaska Native organizations, to imple-
H. R. 6—291

ment home instruction programs for Alaska Native preschool youngsters. The objective of such programs shall be to develop parents

as educators for their children and to assure the active involvement

of parents in the education of their children from the earliest

ages.

‘‘(b) PROGRAM ELEMENTS.—Home based education programs for

Alaska Native children shall include—

‘‘(1) parent-infant programs for prenatal through threeyear olds;

‘‘(2) preschool programs for four- and five-year olds;

‘‘(3) training, education and support programs to teach

parents skills in observation, reading readiness, story telling

and critical thinking;

‘‘(4) continued research and development; and

‘‘(5) a long-term followup and assessment program.

‘‘(c) ELIGIBILITY OF HIPPY PROGRAMS.—Programs based on the

HIPPY (Home Instruction Program for Preschool Youngsters) model

shall be eligible for funding under this section.

‘‘(d) ADMINISTRATIVE COSTS.—Not more than 10 percent of the

funds appropriated to carry out the provisions of this section for

any fiscal year may be used for administrative purposes.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated $2,000,000 for fiscal year 1995, and such sums

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

to carry out this section. Funds appropriated under the authority

of this subsection shall remain available until expended.

‘‘SEC. 9306. ALASKA NATIVE STUDENT ENRICHMENT PROGRAMS.

‘‘(a) GENERAL AUTHORITY.—The Secretary shall make a grant

or grants to Alaska Native educational organizations or educational

entities with experience in developing or operating Alaska Native

programs, or to partnerships including Alaska Native organizations,

for enrichment programs for Alaska Native students in the areas

of science and mathematics education. The programs shall be

designed to— ‘‘(1) prepare qualified students from rural areas who are

preparing to enter village high schools to excel in science and

mathematics; and

‘‘(2) provide those support services to the families of such

students that are needed to enable such students to benefit

from the program.

‘‘(b) USES OF FUNDS.—The program funded under this section

may include— ‘‘(1) the identification of the students eligible to participate

in the program;

‘‘(2) the conduct of educational, psychosocial, and developmental activities which hold reasonable promise of resulting

in substantial enrichment of the educational performance of

the participating students;

‘‘(3) leadership programs designed to provide for the replication of the program in other subject matter areas and the

dissemination of information derived from the program; and

‘‘(4) appropriate research, evaluation and related activities

pertaining to the benefits of such enrichment programs.

‘‘(c) ADMINISTRATIVE COSTS.—Not more than 10 percent of the

funds appropriated to carry out the provisions of this section for

any fiscal year may be used for administrative purposes.
H. R. 6—292

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $1,000,000 for fiscal year 1995, and such sums

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

to carry out this section. Funds appropriated under the authority

of this subsection shall remain available until expended.

‘‘SEC. 9307. ADMINISTRATIVE PROVISIONS.

‘‘(a) APPLICATION REQUIRED.—No grant may be made under

this part, nor any contract be entered into under this part, unless

an application is submitted to the Secretary in such form, in such

manner, and containing such information as the Secretary may

determine necessary to carry out the provisions of this part.

‘‘(b) APPLICATIONS BY LOCAL SCHOOL DISTRICTS OR STATE EDUCATIONAL ENTITIES.—Local school districts or State educational

entities shall apply for funding under this part in partnership

with Alaska Native organizations.

‘‘(c) CONSULTATION REQUIRED.—Each applicant for funding

shall provide for ongoing advice from and consultation with representatives of the Alaska Native community.

‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINATION.—Each local

educational agency serving students who will participate in the

program for which assistance is sought shall be informed regarding

each application submitted under this part, except that approval

by or concurrence from such local educational agency shall not

be required.

‘‘(e) IMPLEMENTATION OF AUTHORITIES.—The Secretary shall

expeditiously obligate funds appropriated as provided in this part.

‘‘SEC. 9308. DEFINITIONS.

‘‘For purposes of this part—

‘‘(1) the term ‘Alaska Native’ has the same meaning as

the term ‘Native’ has in section 3(b) of the Alaska Native

Claims Settlement Act; and

‘‘(2) the term ‘Alaska Native organization’ means a federally

recognized tribe, consortium of tribes, regional nonprofit Native

association, and other Alaska Native organizations that—

‘‘(A) has or commits to acquire expertise in the education of Alaska Natives; and

‘‘(B) has Alaska Natives in substantive and policymaking positions within the organization.

‘‘TITLE X—PROGRAMS OF NATIONAL

SIGNIFICANCE

‘‘PART A—FUND FOR THE IMPROVEMENT OF

EDUCATION

‘‘SEC. 10101. FUND FOR THE IMPROVEMENT OF EDUCATION.

‘‘(a) FUND AUTHORIZED.—From funds appropriated under subsection (d), the Secretary is authorized to support nationally significant programs and projects to improve the quality of education,

assist all students to meet challenging State content standards

and challenging State student performance standards, and contribute to achievement of the National Education Goals. The Secretary

is authorized to carry out such programs and projects directly

or through grants to, or contracts with, State and local educational
H. R. 6—293

agencies, institutions of higher education, and other public and

private agencies, organizations, and institutions.

‘‘(b) USES OF FUNDS.—

‘‘(1) IN GENERAL.—Funds under this section may be used

for—

‘‘(A) activities that will promote systemic education

reform at the State and local levels, such as—

‘‘(i) research and development related to challenging State content and challenging State student

performance standards and opportunity-to-learn standards or strategies for student learning;

‘‘(ii) the development and evaluation of model

strategies for—

‘‘(I) assessment of student learning;

‘‘(II) professional development for teachers and

administrators;

‘‘(III) parent and community involvement; and

‘‘(IV) other aspects of systemic reform;

‘‘(iii) developing and evaluating strategies for

eliminating ability-grouping practices, and developing

policies and programs that place all students on a

college-preparatory path of study, particularly in academic fields such as mathematics, science, English,

and social studies, including comprehensive inservice

programs for teachers and pupil services personnel

and academic enrichment programs that supplement

regular courses for students;

‘‘(iv) developing and evaluating programs that

directly involve parents and family members in the

academic progress of their children;

‘‘(v) developing and evaluating strategies for

integrating instruction and assessment such that

teachers and administrators can focus on what students should know and be able to do at particular

grade levels, which instruction shall promote the synthesis of knowledge, encourage the development of

problem-solving skills drawing on a vast range of disciplines, and promote the development of higher order

thinking by all students; and

‘‘(vi) developing and evaluating strategies for

supporting professional development for teachers

across all disciplines and for pupil services personnel,

guidance counselors, and administrators, including

inservice training that improves the skills of pupil

services personnel, counselors and administrators for

working with students from diverse populations;

‘‘(B) demonstrations at the State and local levels that

are designed to yield nationally significant results, including approaches to public school choice and school-based

decisionmaking;

‘‘(C) joint activities with other agencies to assist the

effort to achieve the National Education Goals, including

activities related to improving the transition from preschool

to school and from school to work, as well as activities

related to the integration of education and health and

social services;
H. R. 6—294

‘‘(D) activities to promote and evaluate counseling and

mentoring for students, including intergenerational

mentoring;

‘‘(E) activities to promote and evaluate coordinated

pupil services programs;

‘‘(F) activities to promote comprehensive health education;

‘‘(G) activities to promote environmental education;

‘‘(H) activities to promote consumer, economic, and personal finance education, such as saving, investing, and

entrepreneurial education;

‘‘(I) activities to promote programs to assist students

to demonstrate competence in foreign languages;

‘‘(J) studies and evaluation of various education reform

strategies and innovations being pursued by the Federal

Government, States, and local educational agencies;

‘‘(K) activities to promote metric education;

‘‘(L) the identification and recognition of exemplary

schools and programs, such as Blue Ribbon Schools;

‘‘(M) programs designed to promote gender equity in

education by evaluating and eliminating gender bias in

instruction and educational materials, identifying, and

analyzing gender inequities in educational practices, and

implementing and evaluating educational policies and practices designed to achieve gender equity;

‘‘(N) programs designed to reduce excessive student

mobility, retain students who move within a school district

at the same school, educate parents about the effect of

mobility on a child’s education and encourage parents to

participate in school activities;

‘‘(O) experiential-based learning, such as service-learning;

‘‘(P) the development and expansion of public-private

partnership programs which extend the learning experience, via computers, beyond the classroom environment

into student homes through such programs as the Buddy

System Computer Project;

‘‘(Q) other programs and projects that meet the purposes of this section;

‘‘(R) activities to promote child abuse education and

prevention programs;

‘‘(S) activities to raise standards and expectations for

academic achievement among all students, especially disadvantaged students traditionally underserved in schools;

‘‘(T) activities to provide the academic support, enrichment and motivation to enable all students to reach such

standards;

‘‘(U) demonstrations relating to the planning and

evaluations of the effectiveness of projects under which

local educational agencies or schools contract with private

management organizations to reform a school or schools;

‘‘(V) demonstrations that are designed to test whether

prenatal and counseling provided to pregnant students may

have a positive effect on pregnancy outcomes, with such

education and counseling emphasizing the importance of

prenatal care, the value of sound diet and nutrition habits,
H. R. 6—295

and the harmful effects of smoking, alcohol, and substance

abuse on fetal development;

‘‘(W) programs under section 10102;

‘‘(X) programs under section 10103;

‘‘(Y) programs under section 10104; and

‘‘(Z) programs under section 10105;

‘‘(2) ADDITIONAL USES.—The Secretary may also use funds

under this section to complete the project periods for direct

grants or contracts awarded under the provisions of this Act,

the Fund for the Improvement and Reform of Schools and

Teaching Act, or title III of the Education for Economic Security

Act, as such Acts were in effect on the day preceding the

date of the enactment of the Improving America’s Schools Act

of 1994.

‘‘(3) SPECIAL RULE.—The Secretary shall not make available

more than $1,000,000 to carry out paragraph (1)(R), nor more

than $1,000,000 to carry out paragraph (1)(V) during the period

beginning on October 1, 1994, through September 30, 1999.

‘‘(c) AWARDS.—

‘‘(1) IN GENERAL.—The Secretary may—

‘‘(A) make awards under this section on the basis of

competitions announced by the Secretary; and

‘‘(B) support meritorious unsolicited proposals.

‘‘(2) SPECIAL RULE.—The Secretary shall ensure that programs, projects, and activities supported under this section

are designed so that the effectiveness of such programs,

projects, and activities is readily ascertainable.

‘‘(3) PEER REVIEW.—The Secretary shall use a peer review

process in reviewing applications for assistance under this section and may use funds appropriated under subsection (d)

for the cost of such peer review.

‘‘(d) AUTHORIZATION.—For the purpose of carrying out this section, there are authorized to be appropriated $50,000,000 for fiscal

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

four succeeding fiscal years.

‘‘SEC. 10102. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION.

‘‘(a) COUNSELING DEMONSTRATION.—

‘‘(1) In General.—The Secretary may award grants under

this section to establish or expand elementary school counseling

programs.

‘‘(2) PRIORITY.—In awarding grants under this section, the

Secretary shall give special consideration to applications

describing programs that—

‘‘(A) demonstrate the greatest need for new or additional counseling services among the children in the

elementary schools served by the applicant;

‘‘(B) propose the most promising and innovative

approaches for initiating or expanding elementary school

counseling; and

‘‘(C) show the greatest potential for replication and

dissemination.

‘‘(3) EQUITABLE DISTRIBUTION.—In awarding grants under

this section, the Secretary shall ensure an equitable geographic

distribution among the regions of the United States and among

urban, suburban, and rural areas.
H. R. 6—296

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

awarded for a period not to exceed three years.

‘‘(5) MAXIMUM GRANT.—A grant under this section shall

not exceed $400,000 for any fiscal year.

‘‘(b) APPLICATIONS.—

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

a grant under this section shall submit an application to the

Secretary at such time, in such manner, and accompanied

by such information as the Secretary may reasonably require.

‘‘(2) CONTENTS.—Each application for a grant under this

section shall—

‘‘(A) describe the elementary school population to be

targeted by the program, the particular personal, social,

emotional, educational, and career development needs of

such population, and the current school counseling

resources available for meeting such needs;

‘‘(B) describe the activities, services, and training to

be provided by the program and the specific approaches

to be used to meet the needs described in subparagraph

(A);

‘‘(C) describe the methods to be used to evaluate the

outcomes and effectiveness of the program;

‘‘(D) describe the collaborative efforts to be undertaken

with institutions of higher education, businesses, labor

organizations, community groups, social service agencies,

and other public or private entities to enhance the program

and promote school-linked services integration;

‘‘(E) describe collaborative efforts with institutions of

higher education which specifically seek to enhance or

improve graduate programs specializing in the preparation

of elementary school counselors, school psychologists, and

school social workers;

‘‘(F) document that the applicant has the personnel

qualified to develop, implement, and administer the program;

‘‘(G) describe how any diverse cultural populations,

if applicable, would be served through the program;

‘‘(H) assure that the funds made available under this

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

to the extent practicable, increase the level of funds that

would otherwise be available from non-Federal sources for

the program described in the application, and in no case

supplant such funds from non-Federal sources; and

‘‘(I) assure that the applicant will appoint an advisory

board composed of parents, school counselors, school

psychologists, school social workers, other pupil services

personnel, teachers, school administrators, and community

leaders to advise the local educational agency on the design

and implementation of the program.

‘‘(c) USE OF FUNDS.—

‘‘(1) IN GENERAL.—Grant funds under this section shall

be used to initiate or expand elementary school counseling

programs that comply with the requirements in paragraph

(2).

‘‘(2) PROGRAM REQUIREMENTS.—Each program assisted

under this section shall—
H. R. 6—297

‘‘(A) be comprehensive in addressing the personal,

social, emotional, and educational needs of all students;

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

‘‘(C) increase the range, availability, quantity, and

quality of counseling services in the elementary schools

of the local educational agency;

‘‘(D) expand counseling services only through qualified

school counselors, school psychologists, and school social

workers;

‘‘(E) use innovative approaches to increase children’s

understanding of peer and family relationships, work and

self, decisionmaking, academic and career planning, or to

improve social functioning;

‘‘(F) provide counseling services that are well-balanced

among classroom group and small group counseling,

individual counseling, and consultation with parents, teachers, administrators, and other pupil services personnel;

‘‘(G) include inservice training for school counselors,

school social workers, school psychologists, other pupil services personnel, teachers, and instructional staff;

‘‘(H) involve parents of participating students in the

design, implementation, and evaluation of a counseling

program;

‘‘(I) involve collaborative efforts with institutions of

higher education, businesses, labor organizations, community groups, social service agencies, or other public or

private entities to enhance the program and promote

school-linked services integration; and

‘‘(J) evaluate annually the effectiveness and outcomes

of the counseling services and activities assisted under

this section.

‘‘(3) REPORT.—The Secretary shall issue a report evaluating

the programs assisted pursuant to each grant under this subsection at the end of each grant period in accordance with

section 14701, but in no case later than January 30, 1998.

‘‘(4) DISSEMINATION.—The Secretary shall make the programs assisted under this section available for dissemination,

either through the National Diffusion Network or other appropriate means.

‘‘(5) LIMIT ON ADMINISTRATION.—Not more than five percent

of the amounts made available under this section in any fiscal

year shall be used for administrative costs to carry out this

section.

‘‘(d) DEFINITIONS.—For purposes of this section—

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

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

‘‘(A) possesses State licensure or certification granted

by an independent professional regulatory authority;

‘‘(B) in the absence of such State licensure or certification, possesses national certification in school counseling

or a specialty of counseling granted by an independent

professional organization; or

‘‘(C) holds a minimum of a master’s degree in school

counseling from a program accredited by the Council for
H. R. 6—298

Accreditation of Counseling and Related Educational Programs or the equivalent;

‘‘(2) the term ‘school psychologist’ means an individual

who—

‘‘(A) possesses a minimum of 60 graduate semester

hours in school psychology from an institution of higher

education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours

shall be in the school setting;

‘‘(B) possesses State licensure or certification in the

State in which the individual works; or

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

School Psychology Certification Board;

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

who holds a master’s degree in social work and is licensed

or certified by the State in which services are provided or

holds a school social work specialist credential; and

‘‘(4) the term ‘supervisor’ means an individual who has

the equivalent number of years of professional experience in

such individual’s respective discipline as is required of teaching

experience for the supervisor or administrative credential in

the State of such individual.

‘‘SEC. 10103. PARTNERSHIPS IN CHARACTER EDUCATION PILOT

PROJECT.

‘‘(a) PROGRAM AUTHORIZED.—

‘‘(1) IN GENERAL.—The Secretary is authorized to make

up to a total of ten grants annually to partnerships of State

educational agencies and local educational agencies for the

design and implementation of character education programs

that incorporate the elements of character listed in subsection

(d), as well as other character elements identified by applicants. ‘‘(2) MAXIMUM AMOUNT OF GRANT.—No State educational

agency shall receive more than a total of $1,000,000 in grants

under this part.

‘‘(3) DURATION.—Each grant under this section shall be

awarded for a period not to exceed five years, of which the

State educational agency shall not use more than one year

for planning and program design.

‘‘(b) STATE EDUCATIONAL AGENCY APPLICATIONS.— ‘‘(1) REQUIREMENT.—Each State educational agency desiring a grant under this section shall submit an application

to the Secretary at such time and in such manner as the

Secretary may require.

‘‘(2) PARTNERSHIPS.—Each State educational agency desiring a grant under this section shall form a partnership with

at least one local educational agency to be eligible for funding.

The partnership shall pursue State and local initiatives to

meet the objectives of this section.

‘‘(3) APPLICATION.—Each application under this section

shall include—

‘‘(A) a list of the local educational agencies entering

into the partnership with the State educational agency;

‘‘(B) a description of the goals of the partnership;

‘‘(C) a description of activities that will be pursued

by the participating local educational agencies, including—
H. R. 6—299

‘‘(i) how parents, students, and other members of

the community, including members of private and nonprofit organizations, will be involved in the design

and implementation of the program;

‘‘(ii) curriculum and instructional practices;

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

‘‘(iv) examples of activities that will be carried

out under this part;

‘‘(D) a description of how the State educational agency

will provide technical and professional assistance to its

local educational agency partners in the development and

implementation of character education programs;

‘‘(E) a description of how the State educational agency

will evaluate the success of local programs and how local

educational agencies will evaluate the progress of their

own programs;

‘‘(F) a description of how the State educational agency

will assist other interested local educational agencies that

are not members of the original partnership in designing

and establishing programs;

‘‘(G) a description of how the State educational agency

will establish a clearinghouse for information on model

programs, materials, and other information the State and

local educational agencies determine to be appropriate;

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

will annually provide to the Secretary such information

as may be required to determine the effectiveness of the

program; and ‘‘(I) any other information that the Secretary may

require.

‘‘(4) NON-PARTNER LOCAL EDUCATIONAL AGENCIES.—Any

local educational agency that was not a partner with the State

when the application was submitted may become a partner

by submitting an application for partnership to the State educational agency, containing such information that the State

educational agency may require.

‘‘(c) EVALUATION AND PROGRAM DEVELOPMENT.— ‘‘(1) REQUIREMENT.—Each State educational agency receiving a grant under this section shall submit to the Secretary

a comprehensive evaluation of the program assisted under this

part, including the impact on students, teachers, administrators, parents, and others—

‘‘(A) by the mid-term of the program; and

‘‘(B) not later than one year after completion of such

program.

‘‘(2) CONTRACTS FOR EVALUATION.—Each State educational

agency receiving a grant under this section may contract with

outside sources, including institutions of higher education, and

private and nonprofit organizations, for purposes of evaluating

their program and measuring the success of the program toward

fostering in students the elements of character listed in subsection (b).

‘‘(3) FACTORS.—Factors which may be considered in evaluating the success of the program may include—

‘‘(A) discipline problems;

‘‘(B) students’ grades;
H. R. 6—300

‘‘(C) participation in extracurricular activities;

‘‘(D) parental and community involvement;

‘‘(E) faculty and administration involvement; and

‘‘(F) student and staff morale.

‘‘(4) MATERIALS AND PROGRAM DEVELOPMENT.—Local educational agencies, after consulting with the State educational

agency, may contract with outside sources, including institutions of higher education, and private and nonprofit organizations, for assistance in developing curriculum, materials,

teacher training, and other activities related to character education.

‘‘(d) ELEMENTS OF CHARACTER.—

‘‘(1) IN GENERAL.—Applicants desiring funding under this

part shall develop character education programs that incorporate the following elements of character:

‘‘(A) Caring.

‘‘(B) Civic virtue and citizenship.

‘‘(C) Justice and fairness.

‘‘(D) Respect.

‘‘(E) Responsibility.

‘‘(F) Trustworthiness.

‘‘(G) Any other elements deemed appropriate by the

members of the partnership.

‘‘(2) ADDITIONAL ELEMENTS OF CHARACTER.—A local educational agency participating under this section may, after consultation with schools and communities of such agency, define

additional elements of character that the agency determines

to be important to the schools and communities of such agency.

‘‘(e) USE OF FUNDS.—Of the total funds received by a State

educational agency in any fiscal year under this section—

‘‘(1) not more than 30 percent of such funds may be retained

by the State educational agency, of which—

‘‘(A) not more than 10 percent of such funds may

be used for administrative purposes; and

‘‘(B) the remainder of such funds may be used for—

‘‘(i) collaborative initiatives with local educational

agencies;

‘‘(ii) the establishment of the clearinghouse,

preparation of materials, teacher training; and

‘‘(iii) other appropriate activities; and

‘‘(2) the remaining of such funds shall be used to award

subgrants to local educational agencies, of which—

‘‘(A) not more than 10 percent of such funds may

be retained for administrative purposes; and

‘‘(B) the remainder of such funds may be used to—

‘‘(i) award subgrants to schools within the local

educational agency; and

‘‘(ii) pursue collaborative efforts with the State

educational agency.

‘‘(f) SELECTION OF GRANTEES.—

‘‘(1) CRITERIA.—The Secretary shall select, through peer

review, partnerships to receive grants under this section on

the basis of the quality of the applications submitted under

subsection (b), taking into consideration such factors as—

‘‘(A) the quality of the activities proposed by local educational agencies;
H. R. 6—301

‘‘(B) the extent to which the program fosters in students

the elements of character;

‘‘(C) the extent of parental, student, and community

involvement;

‘‘(D) the number of local educational agencies involved

in the effort;

‘‘(E) the quality of the plan for measuring and assessing

success; and

‘‘(F) the likelihood that the goals of the program will

be realistically achieved.

‘‘(2) DIVERSITY OF PROJECTS.—The Secretary shall approve

applications under this section in a manner that ensures, to

the extent practicable, that programs assisted under this section—

‘‘(A) serve different areas of the Nation, including

urban, suburban, and rural areas; and

‘‘(B) serve schools that serve minorities, Native Americans, students of limited-English proficiency, and disadvantaged students.

‘‘SEC. 10104. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.

‘‘(a) IN GENERAL.—The Secretary is authorized to award a

grant to a nonprofit organization to reimburse such organizations

for the costs of conducting scholar-athlete games to be held in

1995.

‘‘(b) PRIORITY.—In awarding the grant under subsection (a),

the Secretary shall give priority to a nonprofit organization that—

‘‘(1) is described in section 501(c)(3) of, and exempt from

taxation under section 501(a) of, the Internal Revenue Code

of 1986, and is affiliated with a university capable of hosting

a large educational, cultural, and athletic event that will serve

as a national model;

‘‘(2) has the capability and experience in administering

federally funded scholar-athlete games; ‘‘(3) has the ability to provide matching funds, on a dollarfor-dollar basis, from foundations and the private sector for

the purpose of conducting a scholar-athlete program; ‘‘(4) has the organizational structure and capability to

administer a model scholar-athlete program in the summer

of 1995;

‘‘(5) has the organizational structure and expertise to replicate the scholar-athlete program in various venues throughout

the United States in 1996 and thereafter, as well as replicate

such program internationally; and ‘‘(6) has plans for conducting scholar-athlete games after

1995 without Federal assistance.

‘‘SEC. 10105. SMALLER LEARNING COMMUNITIES.

‘‘(a) IN GENERAL.—Each local educational agency desiring a

grant under this section shall submit an application to the Secretary

at such time, in such manner, and accompanied by such information

as the Secretary may require. Each such application shall describe—

‘‘(1) strategies and methods the applicant will use to create

the smaller learning community or communities;

‘‘(2) curriculum and instructional practices, including any

particular themes or emphases, to be used in the learning

environment;
H. R. 6—302

‘‘(3) the extent of involvement of teachers and other school

personnel in investigating, designing, implementing and

sustaining the smaller learning community or communities;

‘‘(4) the process to be used for involving students, parents

and other stakeholders in the development and implementation

of the smaller learning community or communities;

‘‘(5) any cooperation or collaboration among community

agencies, organizations, businesses, and others to develop or

implement a plan to create the smaller learning community

or communities;

‘‘(6) the training and professional development activities

that will be offered to teachers and others involved in the

activities assisted under this part;

‘‘(7) the goals and objectives of the activities assisted under

this part, including a description of how such activities will

better enable all students to reach challenging State content

standards and State student performance standards;

‘‘(8) the methods by which the applicant will assess progress

in meeting such goals and objectives;

‘‘(9) if the smaller learning community or communities

exist as a school-within-a-school, the relationship, including

governance and administration, of the smaller learning community to the rest of the school;

‘‘(10) a description of the administrative and managerial

relationship between the local educational agency and the

smaller learning community or communities, including how

such agency will demonstrate a commitment to the continuity

of the smaller learning community or communities, including

the continuity of student and teacher assignment to a particular

learning community; ‘‘(11) how the applicant will coordinate or use funds provided under this part with other funds provided under this

Act or other Federal laws;

‘‘(12) grade levels or ages of students who will participate

in the smaller learning community or communities; and ‘‘(13) the method of placing students in the smaller learning

community or communities, such that students are not placed

according to ability, performance or any other measure, so

that students are placed at random or by their own choice,

not pursuant to testing or other judgments.

‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this section may

be used—

‘‘(1) to study the feasibility of creating the smaller learning

community or communities as well as effective and innovative

organizational and instructional strategies that will be used

in the smaller learning community or communities;

‘‘(2) to research, develop and implement strategies for creating the smaller learning community or communities, as well

as effective and innovative changes in curriculum and instruction, geared to high State content standards and State student

performance standards;

‘‘(3) to provide professional development for school staff

in innovative teaching methods that challenge and engage students to be used in the smaller learning community or communities; and

‘‘(4) to develop and implement strategies to include parents,

business representatives, local institutions of higher education,
H. R. 6—303

community-based organizations, and other community members

in the smaller learning communities, as facilitators of activities

that enable teachers to participate in professional development

activities, as well as to provide links between students and

their community.

‘‘SEC. 10106. NATIONAL STUDENT AND PARENT MOCK ELECTION.

‘‘(a) IN GENERAL.—The Secretary is authorized to award grants

to national nonprofit, nonpartisan organizations that work to promote voter participation in American elections to enable such

organizations to carry out voter education activities for students

and their parents. Such activities shall—

‘‘(1) be limited to simulated national elections that permit

participation by students and parents from all 50 States in

the United States; and

‘‘(2) consist of—

‘‘(A) school forums and local cable call-in shows on

the national issues to be voted upon in an ‘issue forum’;

‘‘(B) speeches and debates before students and parents

by local candidates or stand-ins for such candidates;

‘‘(C) quiz team competitions, mock press conferences

and speechwriting competitions;

‘‘(D) weekly meetings to follow the course of the campaign; or

‘‘(E) school and neighborhood campaigns to increase

voter turnout, including newsletters, posters, telephone

chains, and transportation.

‘‘(b) REQUIREMENT.—Each organization receiving a grant under

this section shall present awards to outstanding student and parent

mock election projects.

‘‘SEC. 10107. MODEL PROJECTS.

‘‘(a) PROGRAM AUTHORIZED.—The Secretary is authorized to

award grants to cultural institutions to enable such institutions

to develop and expand model projects of outreach activities for

at-risk children in the communities served by such institutions,

including activities which integrate such institution’s cultural

programming with other disciplines, including environmental,

mathematics, and science programs.

‘‘(b) PRIORITY.—In awarding grants under this section the Secretary shall give priority to activities that are part of an overall

State, local, and private commitment, seek to improve learning

for at-risk youth, and are substantially funded by State, local,

or private funds.

‘‘PART B—GIFTED AND TALENTED CHILDREN

‘‘SEC. 10201. SHORT TITLE.

‘‘This part may be cited as the ‘Jacob K. Javits Gifted and

Talented Students Education Act of 1994’.

‘‘SEC. 10202. FINDINGS AND PURPOSES.

‘‘(a) FINDINGS.—The Congress finds and declares that—

‘‘(1) all students can learn to high standards and must

develop their talents and realize their potential if the United

States is to prosper;
H. R. 6—304

‘‘(2) gifted and talented students are a national resource

vital to the future of the Nation and its security and wellbeing;

‘‘(3) too often schools fail to challenge students to do their

best work, and students who are not challenged will not learn

to challenging State content standards and challenging State

student performance standards, fully develop their talents, and

realize their potential;

‘‘(4) unless the special abilities of gifted and talented students are recognized and developed during such students’

elementary and secondary school years, much of such students’

special potential for contributing to the national interest is

likely to be lost;

‘‘(5) gifted and talented students from economically disadvantaged families and areas, and students of limited-English

proficiency are at greatest risk of being unrecognized and of

not being provided adequate or appropriate educational services;

‘‘(6) State and local educational agencies and private nonprofit schools often lack the necessary specialized resources

to plan and implement effective programs for the early identification of gifted and talented students and for the provision

of educational services and programs appropriate to their special needs;

‘‘(7) the Federal Government can best carry out the limited

but essential role of stimulating research and development

and personnel training and providing a national focal point

of information and technical assistance that is necessary to

ensure that the Nation’s schools are able to meet the special

educational needs of gifted and talented students, and thereby

serve a profound national interest; and

‘‘(8) the experience and knowledge gained in developing

and implementing programs for gifted and talented students

can and should be used as a basis to—

‘‘(A) develop a rich and challenging curriculum for all

students; and

‘‘(B) provide all students with important and challenging subject matter to study and encourage the habits of

hard work.

‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of this part—

‘‘(1) to provide financial assistance to State and local educational agencies, institutions of higher education, and other

public and private agencies and organizations, to initiate a

coordinated program of research, demonstration projects,

personnel training, and similar activities designed to build a

nationwide capability in elementary and secondary schools to

meet the special educational needs of gifted and talented students;

‘‘(2) to encourage the development of rich and challenging

curricula for all students through the appropriate application

and adaptation of materials and instructional methods developed under this part; and

‘‘(3) to supplement and make more effective the expenditure

of State and local funds, for the education of gifted and talented

students.
H. R. 6—305

‘‘SEC. 10203. CONSTRUCTION.

‘‘Nothing in this part shall be construed to prohibit a recipient

of funds under this part from serving gifted and talented students

simultaneously with students with similar educational needs, in

the same educational settings where appropriate.

‘‘SEC. 10204. AUTHORIZED PROGRAMS.

‘‘(a) ESTABLISHMENT OF PROGRAM.—

‘‘(1) IN GENERAL.—From the sums appropriated under section 10207 in any fiscal year the Secretary (after consultation

with experts in the field of the education of gifted and talented

students) shall make grants to or enter into contracts with

State educational agencies, local educational agencies, institutions of higher education, or other public agencies and private

agencies and organizations (including Indian tribes and Indian

organizations (as such terms are defined by the Indian SelfDetermination and Education Assistance Act) and Native

Hawaiian organizations) to assist such agencies, institutions,

and organizations which submit applications in carrying out

programs or projects authorized by this part that are designed

to meet the educational needs of gifted and talented students,

including the training of personnel in the education of gifted

and talented students and in the use, where appropriate, of

gifted and talented services, materials, and methods for all

students.

‘‘(2) APPLICATION.—Each entity desiring assistance under

this part shall submit an application to the Secretary at such

time, in such manner, and containing such information as

the Secretary may reasonably require. Each such application

shall describe how—

‘‘(A) the proposed gifted and talented services, materials, and methods can be adapted, if appropriate, for use

by all students; and ‘‘(B) the proposed programs can be evaluated. ‘‘(b) USES OF FUNDS.—Programs and projects assisted under

this section may include— ‘‘(1) professional development (including fellowships) for personnel (including leadership personnel) involved in the education of gifted and talented students; ‘‘(2) establishment and operation of model projects and

exemplary programs for serving gifted and talented students,

including innovative methods for identifying and educating students who may not be served by traditional gifted and talented

programs, summer programs, mentoring programs, service

learning programs, and cooperative programs involving business, industry, and education;

‘‘(3) training of personnel and parents involved in gifted

and talented programs with respect to the impact of gender

role socialization on the educational needs of gifted and talented

children and in gender equitable education methods, techniques

and practices;

‘‘(4) implementing innovative strategies, such as cooperative learning, peer tutoring and service learning;

‘‘(5) strengthening the capability of State educational agencies and institutions of higher education to provide leadership

and assistance to local educational agencies and nonprofit private schools in the planning, operation, and improvement of
H. R. 6—306

programs for the identification and education of gifted and

talented students and the appropriate use of gifted and talented

programs and methods to serve all students;

‘‘(6) programs of technical assistance and information

dissemination, including how gifted and talented programs and

methods, where appropriate, may be adapted for use by all

students; and

‘‘(7) carrying out—

‘‘(A) research on methods and techniques for identifying

and teaching gifted and talented students, and for using

gifted and talented programs and methods to serve all

students; and

‘‘(B) program evaluations, surveys, and the collection,

analysis, and development of information needed to accomplish the purposes of this part.

‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—

‘‘(1) IN GENERAL.—The Secretary (after consultation with

experts in the field of the education of gifted and talented

students) shall establish a National Center for Research and

Development in the Education of Gifted and Talented Children

and Youth through grants to or contracts with one or more

institutions of higher education or State educational agency,

or a combination or consortium of such institutions and agencies, for the purpose of carrying out activities described in

paragraph (7) of subsection (b).

‘‘(2) DIRECTOR.—Such National Center shall have a Director. The Secretary may authorize the Director to carry out

such functions of the National Center as may be agreed upon

through arrangements with other institutions of higher education, State or local educational agencies, or other public or

private agencies and organizations.

‘‘(d) LIMITATION.—Not more than 30 percent of the funds available in any fiscal year to carry out the programs and projects

authorized by this section may be used to conduct activities pursuant to subsection (b)(7) or (c).

‘‘(e) COORDINATION.—Research activities supported under this

section—

‘‘(1) shall be carried out in consultation with the Office

of Educational Research and Improvement to ensure that such

activities are coordinated with and enhance the research and

development activities supported by such Office; and ‘‘(2) may include collaborative research activities which

are jointly funded and carried out with such Office.

‘‘SEC. 10205. PROGRAM PRIORITIES.

‘‘(a) GENERAL PRIORITY.—In the administration of this part

the Secretary shall give highest priority—

‘‘(1) to the identification of and the provision of services

to gifted and talented students who may not be identified

and served through traditional assessment methods (including

economically disadvantaged individuals, individuals of limitedEnglish proficiency, and individuals with disabilities); and

‘‘(2) to programs and projects designed to develop or

improve the capability of schools in an entire State or region

of the Nation through cooperative efforts and participation of

State and local educational agencies, institutions of higher education, and other public and private agencies and organizations
H. R. 6—307

(including business, industry, and labor), to plan, conduct, and

improve programs for the identification of and service to gifted

and talented students, such as mentoring and apprenticeship

programs.

‘‘(b) SERVICE PRIORITY.—In approving applications for assist- ance under section 10204(a)(2), the Secretary shall assure that

in each fiscal year at least one-half of the applications approved

under such section address the priority described in subsection

(a)(1).

‘‘SEC. 10206. GENERAL PROVISIONS.

‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACH- ERS.—In making grants and entering into contracts under this part, the Secretary shall ensure, where appropriate, that provision

is made for the equitable participation of students and teachers

in private nonprofit elementary and secondary schools, including

the participation of teachers and other personnel in professional

development programs serving such children. ‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—The Secretary shall—

‘‘(1) use a peer review process in reviewing applications under this part; ‘‘(2) ensure that information on the activities and results

of programs and projects funded under this part is disseminated

to appropriate State and local agencies and other appropriate

organizations, including nonprofit private organizations; and ‘‘(3) evaluate the effectiveness of programs under this part in accordance with section 14701, both in terms of the impact

on students traditionally served in separate gifted and talented

programs and on other students, and submit the results of

such evaluation to Congress not later than January 1, 1998.

‘‘(c) PROGRAM OPERATIONS.—The Secretary shall ensure that the programs under this part are administered within the Department by a person who has recognized professional qualifications

and experience in the field of the education of gifted and talented

students and who shall—

‘‘(1) administer the programs authorized by this part;

‘‘(2) coordinate all programs for gifted and talented students administered by the Department; ‘‘(3) serve as a focal point of national leadership and

information on the educational needs of gifted and talented

students and the availability of educational services and programs designed to meet such needs; and ‘‘(4) assist the Assistant Secretary of the Office of Edu- cational Research and Improvement in identifying research

priorities which reflect the needs of gifted and talented students.

‘‘SEC. 10207. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated $10,000,000 for fiscal

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

four succeeding fiscal years to carry out the provisions of this

part.

‘‘PART C—PUBLIC CHARTER SCHOOLS

‘‘SEC. 10301. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—The Congress finds that—
H. R. 6—308

‘‘(1) enhancement of parent and student choices among

public schools can assist in promoting comprehensive educational reform and give more students the opportunity to

learn to challenging State content standards and challenging

State student performance standards, if sufficiently diverse

and high-quality choices, and genuine opportunities to take

advantage of such choices, are available to all students;

‘‘(2) useful examples of such choices can come from States

and communities that experiment with methods of offering

teachers and other educators, parents, and other members of

the public the opportunity to design and implement new public

schools and to transform existing public schools;

‘‘(3) charter schools are a mechanism for testing a variety

of educational approaches and should, therefore, be exempted

from restrictive rules and regulations if the leadership of such

schools commits to attaining specific and ambitious educational

results for educationally disadvantaged students consistent

with challenging State content standards and challenging State

student performance standards for all students;

‘‘(4) charter schools, as such schools have been implemented

in a few States, can embody the necessary mixture of enhanced

choice, exemption from restrictive regulations, and a focus on

learning gains;

‘‘(5) charter schools, including charter schools that are

schools-within-schools, can help reduce school size, which reduction can have a significant effect on student achievement;

‘‘(6) the Federal Government should test, evaluate, and

disseminate information on a variety of charter school models

in order to help demonstrate the benefits of this promising

educational reform; and

‘‘(7) there is a strong documented need for cash-flow assistance to charter schools that are starting up, because State

and local operating revenue streams are not immediately available.

‘‘(b) PURPOSE.—It is the purpose of this part to increase national

understanding of the charter schools model by— ‘‘(1) providing financial assistance for the design and initial

implementation of charter schools; and

‘‘(2) evaluating the effects of such schools, including the

effects on students, student achievement, staff, and parents.

‘‘SEC. 10302. PROGRAM AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary may award grants to State

educational agencies having applications approved pursuant to section 10303 to enable such agencies to conduct a charter school

grant program in accordance with this part.

‘‘(b) SPECIAL RULE.—If a State educational agency elects not

to participate in the program authorized by this part or does not

have an application approved under section 10303, the Secretary

may award a grant to an eligible applicant that serves such State

and has an application approved pursuant to section 10303(c).

‘‘(c) PROGRAM PERIODS.—

‘‘(1) GRANTS TO STATES.—Grants awarded to State educational agencies under this part shall be awarded for a period

of not more than 3 years.

‘‘(2) GRANTS TO ELIGIBLE APPLICANTS.—Grants awarded by

the Secretary to eligible applicants or subgrants awarded by
H. R. 6—309

State educational agencies to eligible applicants under this

part shall be awarded for a period of not more than 3 years,

of which the eligible applicant may use—

‘‘(A) not more than 18 months for planning and program design; and

‘‘(B) not more than 2 years for the initial implementation of a charter school.

‘‘(d) LIMITATION.—The Secretary shall not award more than

one grant and State educational agencies shall not award more

than one subgrant under this part to support a particular charter

school.

‘‘SEC. 10303. APPLICATIONS.

‘‘(a) APPLICATIONS FROM STATE AGENCIES.—Each State educational agency desiring a grant from the Secretary under this

part shall submit to the Secretary an application at such time,

in such manner, and containing or accompanied by such information

as the Secretary may require.

‘‘(b) CONTENTS OF A STATE EDUCATIONAL AGENCY APPLICATION.—Each application submitted pursuant to subsection (a)

shall—

‘‘(1) describe the objectives of the State educational agency’s

charter school grant program and a description of how such

objectives will be fulfilled, including steps taken by the State

educational agency to inform teachers, parents, and communities of the State educational agency’s charter school grant

program;

‘‘(2) contain assurances that the State educational agency

will require each eligible applicant desiring to receive a

subgrant to submit an application to the State educational

agency containing— ‘‘(A) a description of the educational program to be

implemented by the proposed charter school, including— ‘‘(i) how the program will enable all students to

meet challenging State student performance standards; ‘‘(ii) the grade levels or ages of children to be

served; and

‘‘(iii) the curriculum and instructional practices to

be used;

‘‘(B) a description of how the charter school will be

managed; ‘‘(C) a description of—

‘‘(i) the objectives of the charter school; and

‘‘(ii) the methods by which the charter school will

determine its progress toward achieving those objectives;

‘‘(D) a description of the administrative relationship

between the charter school and the authorized public

chartering agency;

‘‘(E) a description of how parents and other members

of the community will be involved in the design and

implementation of the charter school;

‘‘(F) a description of how the authorized public chartering agency will provide for continued operation of the school

once the Federal grant has expired, if such agency determines that the school has met the objectives described

in subparagraph (C)(i);
H. R. 6—310

‘‘(G) a request and justification for waivers of any

Federal statutory or regulatory provisions that the

applicant believes are necessary for the successful operation

of the charter school, and a description of any State or

local rules, generally applicable to public schools, that will

be waived for, or otherwise not apply to, the school;

‘‘(H) a description of how the subgrant funds or grant

funds, as appropriate, will be used, including a description

of how such funds will be used in conjunction with other

Federal programs administered by the Secretary;

‘‘(I) a description of how students in the community

will be—

‘‘(i) informed about the charter school; and

‘‘(ii) given an equal opportunity to attend the charter school;

‘‘(J) an assurance that the eligible applicant will

annually provide the Secretary and the State educational

agency such information as may be required to determine

if the charter school is making satisfactory progress toward

achieving the objectives described in subparagraph (C)(i);

‘‘(K) an assurance that the applicant will cooperate

with the Secretary and the State educational agency in

evaluating the program assisted under this part; and

‘‘(L) such other information and assurances as the Secretary and the State educational agency may require.

‘‘(c) CONTENTS OF ELIGIBLE APPLICANT APPLICATION.—Each

eligible applicant desiring a grant pursuant to section 10302(e)(1)

or 10302(b) shall submit an application to the State educational

agency or Secretary, respectively, at such time, in such manner,

and accompanied by such information as the State educational

agency or Secretary, respectively, may reasonably require.

‘‘(d) CONTENTS OF APPLICATION.—Each application submitted

pursuant to subsection (c) shall contain—

‘‘(1) the information and assurances described in subparagraphs (A) through (L) of subsection (b)(3), except that for

purposes of this subsection subparagraphs (I), (J), and (K)

of such subsection shall be applied by striking ‘and the State

educational agency’ each place such term appears; and

‘‘(2) assurances that the State educational agency—

‘‘(A) will grant, or will obtain, waivers of State statutory or regulatory requirements; and

‘‘(B) will assist each subgrantee in the State in receiving a waiver under section 10304(e).

‘‘SEC. 10304. ADMINISTRATION.

‘‘(a) SELECTION CRITERIA FOR STATE EDUCATIONAL AGENCIES.—

The Secretary shall award grants to State educational agencies

under this part on the basis of the quality of the applications

submitted under section 10303(b), after taking into consideration

such factors as—

‘‘(1) the contribution that the charter schools grant program

will make to assisting educationally disadvantaged and other

students to achieving State content standards and State student

performance standards and, in general, a State’s education

improvement plan;
H. R. 6—311

‘‘(2) the degree of flexibility afforded by the State educational agency to charter schools under the State’s charter

schools law;

‘‘(3) the ambitiousness of the objectives for the State charter

school grant program;

‘‘(4) the quality of the strategy for assessing achievement

of those objectives; and

‘‘(5) the likelihood that the charter school grant program

will meet those objectives and improve educational results for

students.

‘‘(b) SELECTION CRITERIA FOR ELIGIBLE APPLICANTS.—The Secretary shall award grants to eligible applicants under this part

on the basis of the quality of the applications submitted under

section 10303(c), after taking into consideration such factors as—

‘‘(1) the quality of the proposed curriculum and instructional practices;

‘‘(2) the degree of flexibility afforded by the State educational agency and, if applicable, the local educational agency

to the charter school;

‘‘(3) the extent of community support for the application;

‘‘(4) the ambitiousness of the objectives for the charter

school;

‘‘(5) the quality of the strategy for assessing achievement

of those objectives; and

‘‘(6) the likelihood that the charter school will meet those

objectives and improve educational results for students.

‘‘(c) PEER REVIEW.—The Secretary, and each State educational

agency receiving a grant under this part, shall use a peer review

process to review applications for assistance under this part.

‘‘(d) DIVERSITY OF PROJECTS.—The Secretary and each State

educational agency receiving a grant under this part, shall award

subgrants under this part in a manner that, to the extent possible,

ensures that such grants and subgrants—

‘‘(1) are distributed throughout different areas of the Nation

and each State, including urban and rural areas; and

‘‘(2) will assist charter schools representing a variety of

educational approaches, such as approaches designed to reduce

school size.

‘‘(e) WAIVERS.—The Secretary may waive any statutory or regulatory requirement over which the Secretary exercises administrative authority except any such requirement relating to the elements

of a charter school described in section 10306(1), if—

‘‘(1) the waiver is requested in an approved application

under this part; and

‘‘(2) the Secretary determines that granting such a waiver

will promote the purpose of this part.

‘‘(f) USE OF FUNDS.—

‘‘(1) STATE EDUCATIONAL AGENCIES.—Each State educational agency receiving a grant under this part shall use

such grant funds to award subgrants to one or more eligible

applicants in the State to enable such applicant to plan and

implement a charter school in accordance with this part.

‘‘(2) ELIGIBLE APPLICANTS.—Each eligible applicant receiving funds from the Secretary or a State educational agency

shall use such funds to plan and implement a charter school

in accordance with this part.
H. R. 6—312

‘‘(3) ALLOWABLE ACTIVITIES.—An eligible applicant receiving a grant or subgrant under this part may use the grant

or subgrant funds only for—

‘‘(A) post-award planning and design of the educational

program, which may include—

‘‘(i) refinement of the desired educational results

and of the methods for measuring progress toward

achieving those results; and

‘‘(ii) professional development of teachers and other

staff who will work in the charter school; and

‘‘(B) initial implementation of the charter school, which

may include—

‘‘(i) informing the community about the school;

‘‘(ii) acquiring necessary equipment and educational materials and supplies;

‘‘(iii) acquiring or developing curriculum materials;

and

‘‘(iv) other initial operational costs that cannot be

met from State or local sources.

‘‘(4) ADMINISTRATIVE EXPENSES.—Each State educational

agency receiving a grant pursuant to this part may reserve

not more than 5 percent of such grant funds for administrative

expenses associated with the charter school grant program

assisted under this part.

‘‘(5) REVOLVING LOAN FUNDS.—Each State educational

agency receiving a grant pursuant to this part may reserve

not more than 20 percent of the grant amount for the establishment of a revolving loan fund. Such fund may be used to

make loans to eligible applicants that have received a subgrant

under this part, under such terms as may be determined by

the State educational agency, for the initial operation of the

charter school grant program of such recipient until such time

as the recipient begins receiving ongoing operational support

from State or local financing sources.

‘‘SEC. 10305. NATIONAL ACTIVITIES.

‘‘The Secretary may reserve not more than ten percent of the

funds available to carry out this part for any fiscal year for— ‘‘(1) peer review of applications under section 10304(c);

‘‘(2) an evaluation of the impact of charter schools on student achievement, including those assisted under this part;

and

‘‘(3) other activities designed to enhance the success of

the activities assisted under this part, such as—

‘‘(A) development and dissemination of model State

charter school laws and model contracts or other means

of authorizing and monitoring the performance of charter

schools; and

‘‘(B) collection and dissemination of information on

successful charter schools.

‘‘SEC. 10306. DEFINITIONS.

‘‘As used in this part:

‘‘(1) The term ‘charter school’ means a public school that—

‘‘(A) in accordance with an enabling State statute, is

exempted from significant State or local rules that inhibit

the flexible operation and management of public schools,
H. R. 6—313

but not from any rules relating to the other requirements

of this paragraph;

‘‘(B) is created by a developer as a public school, or

is adapted by a developer from an existing public school,

and is operated under public supervision and direction;

‘‘(C) operates in pursuit of a specific set of educational

objectives determined by the school’s developer and agreed

to by the authorized public chartering agency;

‘‘(D) provides a program of elementary or secondary

education, or both;

‘‘(E) is nonsectarian in its programs, admissions policies, employment practices, and all other operations, and

is not affiliated with a sectarian school or religious institution;

‘‘(F) does not charge tuition;

‘‘(G) complies with the Age Discrimination Act of 1975,

title VI of the Civil Rights Act of 1964, title IX of the

Education Amendments of 1972, section 504 of the

Rehabilitation Act of 1973, and part B of the Individuals

with Disabilities Education Act;

‘‘(H) admits students on the basis of a lottery, if more

students apply for admission than can be accommodated;

‘‘(I) agrees to comply with the same Federal and State

audit requirements as do other elementary and secondary

schools in the State, unless such requirements are specifically waived for the purpose of this program;

‘‘(J) meets all applicable Federal, State, and local

health and safety requirements; and ‘‘(K) operates in accordance with State law.

‘‘(2) The term ‘developer’ means an individual or group of individuals (including a public or private nonprofit organization), which may include teachers, administrators and other

school staff, parents, or other members of the local community

in which a charter school project will be carried out. ‘‘(3) The term ‘eligible applicant’ means an authorized public chartering agency participating in a partnership with a

developer to establish a charter school in accordance with this

part.

‘‘(4) The term ‘authorized public chartering agency’ means

a State educational agency, local educational agency, or other

public entity that has the authority pursuant to State law

and approved by the Secretary to authorize or approve a charter

school.

‘‘SEC. 10307. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this part, there are authorized

to be appropriated $15,000,000 for fiscal year 1995 and such sums

as may be necessary for each of the four succeeding fiscal years.

‘‘PART D—ARTS IN EDUCATION

‘‘Subpart 1—Arts Education

‘‘SEC. 10401. SUPPORT FOR ARTS EDUCATION.

‘‘(a) FINDINGS.—The Congress finds that—

‘‘(1) the arts are forms of understanding and ways of knowing that are fundamentally important to education;
H. R. 6—314

‘‘(2) the arts are important to excellent education and to

effective school reform;

‘‘(3) the most significant contribution of the arts to education reform is the transformation of teaching and learning;

‘‘(4) such transformation is best realized in the context

of comprehensive, systemic education reform;

‘‘(5) demonstrated competency in the arts for American

students is among the National Education Goals;

‘‘(6) participation in performing arts activities has proven

to be an effective strategy for promoting the inclusion of persons

with disabilities in mainstream settings;

‘‘(7) opportunities in the arts have enabled persons of all

ages with disabilities to participate more fully in school and

community activities;

‘‘(8) the arts can motivate at-risk students to stay in school

and become active participants in the educational process; and

‘‘(9) arts education should be an integral part of the

elementary and secondary school curriculum.

‘‘(b) PURPOSES.—The purposes of this subpart are to—

‘‘(1) support systemic education reform by strengthening

arts education as an integral part of the elementary and secondary school curriculum;

‘‘(2) help ensure that all students have the opportunity

to learn to challenging State content standards and challenging

State student performance standards in the arts; and

‘‘(3) support the national effort to enable all students to

demonstrate competence in the arts in accordance with the

National Education Goals.

‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out the purposes

of this subpart, the Secretary is authorized to award grants to,

or enter into contracts or cooperative agreements with—

‘‘(1) State educational agencies;

‘‘(2) local educational agencies;

‘‘(3) institutions of higher education;

‘‘(4) museums and other cultural institutions; and

‘‘(5) other public and private agencies, institutions, and

organizations.

‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this subpart may

be used for—

‘‘(1) research on arts education;

‘‘(2) the development of, and dissemination of information

about, model arts education programs;

‘‘(3) the development of model arts education assessments

based on high standards;

‘‘(4) the development and implementation of curriculum

frameworks for arts education;

‘‘(5) the development of model preservice and inservice

professional development programs for arts educators and other

instructional staff;

‘‘(6) supporting collaborative activities with other Federal

agencies or institutions involved in arts education, such as

the National Endowment for the Arts, the Institute of Museum

Services, the John F. Kennedy Center for the Performing Arts,

Very Special Arts, and the National Gallery of Art;

‘‘(7) supporting model projects and programs in the

performing arts for children and youth through arrangements
H. R. 6—315

made with the John F. Kennedy Center for the Performing

Arts;

‘‘(8) supporting model projects and programs by Very Spe- cial Arts which assure the participation in mainstream settings

in arts and education programs of individuals with disabilities; ‘‘(9) supporting model projects and programs to integrate arts education into the regular elementary and secondary school

curriculum; and

‘‘(10) other activities that further the purposes of this

subpart.

‘‘(e) COORDINATION.— ‘‘(1) IN GENERAL.—A recipient of funds under this subpart

shall, to the extent possible, coordinate projects assisted under

this subpart with appropriate activities of public and private

cultural agencies, institutions, and organizations, including

museums, arts education associations, libraries, and theaters.

‘‘(2) SPECIAL RULE.—In carrying out this subpart, the Sec- retary shall coordinate with the National Endowment for the

Arts, the Institute of Museum Services, the John F. Kennedy

Center for the Performing Arts, Very Special Arts, and the

National Gallery of Art.

‘‘(f) AUTHORIZATION.— ‘‘(1) IN GENERAL.—For the purpose of carrying out this subpart, there are authorized to be appropriated $11,000,000

for fiscal year 1995 and such sums as may be necessary for

each of the four succeeding fiscal years. ‘‘(2) SPECIAL RULE.—If the amount appropriated under paragraph (1) for any fiscal year is $9,000,000 or less, then

such amount shall only be available to carry out the activities

described in paragraphs (7) and (8) of subsection (d).

‘‘Subpart 2—Cultural Partnerships for At-Risk

Children and Youth

‘‘SEC. 10411. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—The Congress finds: ‘‘(1) With local school budget cuts there are inadequate arts and cultural programs available for children and youth

in schools, especially at the elementary school level. ‘‘(2) The arts promote progress in academic subjects as shown by research conducted by the National Endowment for

the Arts.

‘‘(3) Children and youth who receive instruction in the arts and humanities, or who are involved in cultural activities,

remain in school longer and are more successful than children

who do not receive such instruction.

‘‘(4) Learning in the arts and humanities promotes progress in other academic subjects, and generates positive self-esteem

and a greater sense of accomplishment in young people.

‘‘(5) School-university and school-cultural institution partnerships that upgrade teacher training in the arts and humanities have significantly contributed to improved instruction and

achievement levels of school-aged children.

‘‘(6) Museum outreach, cultural activities and informal education for at-risk children and youth have contributed significantly to the educational achievement and enhanced interest

in learning of at-risk children and youth.
H. R. 6—316

‘‘(7) The Goals 2000: Educate America Act, other legislation

and local, State and national resources support the integration

of the arts and humanities into the regular curriculum and

school day for all children.

‘‘(8) While all children benefit from instruction in the arts

and the humanities, at-risk children and youth have a special,

additional need for arts and cultural programs both in school

and after school.

‘‘(b) PURPOSE.—The purpose of this subpart is to make demonstration grants to eligible entities to improve the educational

performance and future potential of at-risk children and youth

by providing comprehensive and coordinated educational and cultural services.

‘‘SEC. 10412. PROGRAM AUTHORIZED.

‘‘(a) IN GENERAL.—The Secretary is authorized to award grants

to eligible entities to pay the Federal share of the costs of the

activities described in section 10413.

‘‘(b) SPECIAL REQUIREMENTS.—

‘‘(1) IN GENERAL.—The Secretary shall award grants under

this subpart only to programs designed to—

‘‘(A) promote and enhance educational and cultural

activities;

‘‘(B) provide multi-year services to at-risk children and

youth and to integrate community cultural resources into

in-school and after-school educational programs;

‘‘(C) provide integration of community cultural

resources into the regular curriculum and school day;

‘‘(D) focus school and cultural resources in the community on coordinated cultural services to address the needs

of at-risk children and youth;

‘‘(E) provide effective cultural programs to facilitate

the transition from preschool programs to elementary

school programs, including programs under the Head Start

Act and part H of the Individuals with Disabilities Education Act;

‘‘(F) facilitate school-to-work transition from secondary

schools and alternative schools to job training, higher education and employment through educational programs and

activities that utilize school resources;

‘‘(G) increase parental and community involvement in

the educational, social, and cultural development of atrisk children and youth; or

‘‘(H)(i) develop programs and strategies that provide

high-quality coordinated educational and cultural services;

and

‘‘(ii) provide a model to replicate such services in other

schools and communities.

‘‘(2) PARTNERSHIP.—An interagency partnership comprised

of the Secretary of Education, the Chairman of the National

Endowment for the Humanities, the Chairman of the National

Endowment for the Arts, and the Director of the Institute

of Museum Services, or their designees, shall establish criteria

and procedures for awarding grants, including the establishment of panels to review the applications, and shall administer

the grants program authorized by this section. The Secretary
H. R. 6—317

shall publish such criteria and procedures in the Federal

Register.

‘‘(3) COORDINATION.—Grants may only be awarded under

this subpart to eligible entities that agree to coordinate activities carried out under other Federal, State, and local grants,

received by the members of the partnership for purposes and

target populations described in this subpart, into an integrated

service delivery system located at a school, cultural, or other

community-based site accessible to and utilized by at-risk

youth.

‘‘(4) ELIGIBLE ENTITIES.—For purposes of this subpart, the

term ‘eligible entity’ means a partnership between—

‘‘(A) a local educational agency or an individual school

that is eligible to participate in a schoolwide program under

section 1114; and

‘‘(B) at least one institution of higher education,

museum, local arts agency, or cultural entity that is accessible to individuals within the school district of such local

educational agency or school, and that has a history of

providing quality services to the community, which may

include—

‘‘(i) nonprofit institutions of higher education,

museums, libraries, performing, presenting and

exhibiting arts organizations, literary arts organizations, State and local arts organizations, cultural

institutions, and zoological and botanical organizations;

or

‘‘(ii) private for-profit entities with a history of

training children and youth in the arts.

‘‘(5) GEOGRAPHIC DISTRIBUTION.—In awarding grants under

this subpart the Secretary, to the extent feasible, shall ensure

an equitable geographic distribution of such grants.

‘‘(6) DURATION.—Grants made under this subpart may be

renewable for a maximum of five years if the Secretary determines that the eligible recipient has made satisfactory progress

toward the achievement of the program objectives described

in the application.

‘‘(7) MODELS.—The Secretary, in consultation with the

Chairman of the National Endowment for the Humanities,

the Chairman of the National Endowment for the Arts and

the Director of the Institute of Museum Services, or their

designees, shall submit successful models under this title to

the National Diffusion Network for review.

‘‘(c) TARGET POPULATION.—To be eligible for a grant under

this subpart, an eligible entity shall serve—

‘‘(1) students enrolled in schools participating in a

schoolwide program under section 1114 and the families of

such students to the extent practicable;

‘‘(2) out-of-school children and youth at risk of disadvantages resulting from teenage parenting, substance abuse, recent

migration, disability, limited-English proficiency, illiteracy,

being the child of a teenage parent, living in a single parent

household, or dropping out of school; or

‘‘(3) any combination of in-school and out-of-school at-risk

children and youth.
H. R. 6—318

‘‘SEC. 10413. AUTHORIZED ACTIVITIES.

‘‘(a) IN GENERAL.—Grants awarded under this subpart may be used—

‘‘(1) to plan, develop, acquire, expand, and improve schoolbased or community-based coordinated educational and cultural

programs to strengthen the educational performance and future

potential of in-school or out-of-school at-risk children and youth

through grants, cooperative agreements, contracts for services,

or administrative coordination;

‘‘(2) to provide at-risk students with integrated cultural activities designed to develop a love of learning that fosters

the smooth transition of preschool children to elementary

school;

‘‘(3) to design collaborative cultural activities for students in secondary or alternative schools that ensure the smooth

transition to job training, higher education, or full employment; ‘‘(4) to provide child care for children of at-risk students

who would not otherwise be able to participate in the program; ‘‘(5) to provide transportation necessary for participation in the program; ‘‘(6) to work with existing school personnel to develop

curriculum materials and programs in the arts;

‘‘(7) to work with existing school personnel on staff development activities that encourage the integration of the arts into

the curriculum;

‘‘(8) for stipends that allow local artists to work with atrisk children and youth in schools;

‘‘(9) for training individuals who are not trained to work

with children and youth; ‘‘(10) for cultural programs that encourage the active

participation of parents in the education of their children;

‘‘(11) for programs that use the arts and culture to reform

current school practices, including lengthening the school day

or academic year; ‘‘(12) for equipment or supplies that the Secretary determines appropriate; and

‘‘(13) for evaluation, administration, and supervision.

‘‘(b) PLANNING GRANTS.—

‘‘(1) APPLICATION.—An eligible entity may submit an

application to the Secretary for a planning grant for an amount

not to exceed $50,000. Such grants shall be for periods of

not more than one year.

‘‘(2) LIMIT ON PLANNING GRANTS.—Not more than 10 percent

of the amounts appropriated in each fiscal year under this

subpart shall be used for grants under this subsection, and

an eligible entity may receive not more than one such planning

grant.

‘‘(c) GENERAL PROVISIONS.— ‘‘(1) IN GENERAL.—Each eligible entity desiring a grant

under this subpart shall submit an application to the Secretary

at such time, in such manner, and accompanied by such

information as the Secretary may reasonably require. ‘‘(2) CONTENTS.—Each application submitted pursuant to

paragraph (1) shall—

‘‘(A) describe the cultural entity or entities that will

participate in the partnership;

‘‘(B) describe the target population to be served;
H. R. 6—319

‘‘(C) describe the services to be provided;

‘‘(D) describe a plan for evaluating the success of the

program;

‘‘(E) in the case of each local educational agency or

school participating in the eligible recipient partnership,

describe how the activities assisted under this subpart

will be perpetuated beyond the duration of the grant;

‘‘(F) describe the manner in which the eligible entity

will improve the educational achievement or future potential of at-risk youth through more effective coordination

of cultural services in the community;

‘‘(G) describe the overall and operational goals of the

program;

‘‘(H) describe the nature and location of all planned

sites where services will be delivered and a description

of services which will be provided at each site; and

‘‘(I) describe training that will be provided to individuals who are not trained to work with children and youth,

and how teachers will be involved.

‘‘SEC. 10414. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; LIMITATIONS.

‘‘(a) PAYMENTS.—

‘‘(1) IN GENERAL.—The Secretary shall pay to each eligible

recipient having an application approved under section 10413(c)

the Federal share of the cost of the activities described in

the application.

‘‘(2) SPECIAL RULE.—(A) Grants awarded under this subpart

shall be of sufficient size, scope, and quality to be effective.

‘‘(B) The Secretary shall award grants under this subpart

so as to ensure nonduplication of services provided by grant

recipients and services provided by—

‘‘(i) the National Endowment for the Humanities;

‘‘(ii) the National Endowment for the Arts; and

‘‘(iii) the Institute of Museum Services.

‘‘(b) COST SHARE.—

‘‘(1) FEDERAL SHARE.—The Federal share of a grant under

this subpart shall be 80 percent of the cost of carrying out

the activities described in the application.

‘‘(2) NON-FEDERAL SHARE.—The non-Federal share of a

grant under this subpart shall be 20 percent of the cost of

carrying out the activities described in the application and

may be in cash or in kind, fairly evaluated, including the

provision of equipment, services, or facilities.

‘‘(c) LIMITATIONS.—

‘‘(1) NONINSTRUCTIONAL SERVICES.—Not more than 25 percent of the grant funds provided in any fiscal year under

this subpart may be used for noninstructional activities such

as the activities described in paragraphs (4), (5), and (12)

of section 10413(a).

‘‘(2) SUPPLEMENT AND NOT SUPPLANT.—Grant funds

awarded under this part shall be used to supplement not supplant the amount of funds made available from non-Federal

sources, for the activities assisted under this subpart, in

amounts that exceed the amounts expended for such activities

in the year preceding the year for which the grant is awarded.
H. R. 6—320

‘‘(3) ADMINISTRATIVE COSTS.—(A) The Secretary may reserve not more than five percent of the grant funds received

under this subpart in each fiscal year for the costs of administration.

‘‘(B) Each eligible recipient may reserve not more than 5 percent of any grant funds received under this subpart in

each fiscal year for the costs of administration.

‘‘SEC. 10415. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this subpart, $45,000,000 for fiscal year 1995, and such sums as may

be necessary for each of the four succeeding fiscal years.

‘‘PART E—INEXPENSIVE BOOK DISTRIBUTION

PROGRAM

‘‘SEC. 10501. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING MOTIVATION.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to enter into a contract with Reading is Fundamental (RIF) (hereafter in this

section referred to as ‘the contractor’) to support and promote programs, which include the distribution of inexpensive books to students, that motivate children to read.

‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract entered into under subsection (a) shall—

‘‘(1) provide that the contractor will enter into subcontracts

with local private nonprofit groups or organizations, or with

public agencies, under which each subcontractor will agree

to establish, operate, and provide the non-Federal share of

the cost of reading motivation programs that include the distribution of books, by gift, to the extent feasible, or loan, to

children from birth through secondary school age, including

those in family literacy programs;

‘‘(2) provide that funds made available to subcontractors

will be used only to pay the Federal share of the cost of

such programs;

‘‘(3) provide that in selecting subcontractors for initial funding, the contractor will give priority to programs that will

serve a substantial number or percentage of children with

special needs, such as—

‘‘(A) low-income children, particularly in high-poverty

areas;

‘‘(B) children at risk of school failure;

‘‘(C) children with disabilities;

‘‘(D) foster children;

‘‘(E) homeless children;

‘‘(F) migrant children;

‘‘(G) children without access to libraries;

‘‘(H) institutionalized or incarcerated children; and

‘‘(I) children whose parents are institutionalized or

incarcerated;

‘‘(4) provide that the contractor will provide such technical

assistance to subcontractors as may be necessary to carry out

the purpose of this section;

‘‘(5) provide that the contractor will annually report to

the Secretary the number of, and describe, programs funded

under paragraph (3); and
H. R. 6—321

‘‘(6) include such other terms and conditions as the Secretary determines to be appropriate to ensure the effectiveness

of such programs.

‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary shall make

no payment of the Federal share of the cost of acquiring and

distributing books under any contract under this section unless

the Secretary determines that the contractor or subcontractor, as

the case may be, has made arrangements with book publishers

or distributors to obtain books at discounts at least as favorable

as discounts that are customarily given by such publisher or

distributor for book purchases made under similar circumstances

in the absence of Federal assistance.

‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the purpose of this

section, the term ‘Federal share’ means, with respect to the cost

to a subcontractor of purchasing books to be paid under this section,

75 percent of such costs to the subcontractor, except that the Federal

share for programs serving children of migrant or seasonal farmworkers shall be 100 percent of such costs to the subcontractor.

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out this section, there are authorized to be appropriated

$10,300,000 for fiscal year 1995 and such sums as may be necessary

for each of the four succeeding fiscal years.

‘‘PART F—CIVIC EDUCATION

‘‘SEC. 10601. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF

DEMOCRACY IN THE UNITED STATES.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) PROGRAM ESTABLISHED.—(A) The Secretary is authorized to carry out a program to enhance the attainment of

the third and sixth National Education Goals by educating

students about the history and principles of the Constitution

of the United States, including the Bill of Rights, and to foster

civic competence and responsibility.

‘‘(B) Such program shall be known as ‘We the People . . .

The Citizen and the Constitution’.

‘‘(2) EDUCATIONAL ACTIVITIES.—The program required by paragraph (1) shall— ‘‘(A) continue and expand the educational activities

of the ‘We the People . . . The Citizen and the Constitution’ program administered by the Center for Civic Education; and

‘‘(B) enhance student attainment of challenging content

standards in civics and government.

‘‘(3) CONTRACT OR GRANT AUTHORIZED.—The Secretary is

authorized to award a grant or enter into a contract with

the Center for Civic Education to carry out the program

described in paragraph (1).

‘‘(b) PROGRAM CONTENT.—The education program authorized

by this section shall provide—

‘‘(1) a course of instruction on the basic principles of our

Nation’s constitutional democracy and the history of the Constitution and the Bill of Rights;

‘‘(2) at the request of a participating school, school and

community simulated congressional hearings following the

course of study; and
H. R. 6—322

‘‘(3) an annual national competition of simulated congressional hearings for secondary students who wish to participate

in such program.

‘‘(c) AVAILABILITY OF PROGRAM.—The education program

authorized by this section shall be made available to public and

private elementary and secondary schools in the 435 congressional

districts, the Commonwealth of Puerto Rico, the Virgin Islands,

Guam, American Samoa, and the District of Columbia.

‘‘(d) SPECIAL RULE.—After the provisions of subsection (b) have

been implemented, funds provided under this section may be used

for—

‘‘(1) advanced training of teachers about the United States

Constitution and the political system the United States created;

or

‘‘(2) a course of instruction at the middle school level on

the roles of State and local governments in the Federal system

established by the Constitution, which course shall provide

for—

‘‘(A) optional school and community simulated State

legislative hearings;

‘‘(B) an annual competition of simulated legislative

hearings at the State legislative district, State, and

national levels for middle school students who wish to

participate in the program; and

‘‘(C) participation by public and private middle schools

in the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin

Islands, and the Commonwealth of the Northern Mariana

Islands.

‘‘SEC. 10602. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.

‘‘(a) PROGRAM ESTABLISHED.—The Secretary is authorized to

carry out a program of awarding grants and contracts to assist

State and local educational agencies and other public and private

nonprofit agencies, organizations, and institutions to enhance— ‘‘(1) attainment by students of challenging State content

standards and challenging State student performance standards

in civics, government, and the law; and ‘‘(2) attainment by the Nation of the third and the sixth

National Education Goals.

‘‘(b) AUTHORIZED ACTIVITIES.—Assistance under this section

may support new and ongoing programs in elementary and secondary schools that provide for— ‘‘(1) the development and implementation of curricular programs that enhance student understanding of—

‘‘(A) the values and principles which underlie, and

the institutions and processes which comprise, our Nation’s

system of government;

‘‘(B) the role of law in our constitutional democracy,

including activities to promote—

‘‘(i) legal literacy;

‘‘(ii) a dedication by students to the use of nonviolent means of conflict resolution such as arbitration,

mediation, negotiation, trials, and appellate hearings;

and

‘‘(iii) respect for cultural diversity and acceptance

of cultural differences; and

‘‘(C) the rights and responsibilities of citizenship;
H. R. 6—323

‘‘(2) professional development for teachers, including

preservice and inservice training;

‘‘(3) outside-the-classroom learning experiences for students, including community service activities;

‘‘(4) the active participation of community leaders, from

the public and private sectors, in the schools; and

‘‘(5) the provision of technical assistance to State and local

educational agencies and other institutions and organizations

working to further the progress of the Nation in attaining

the third and sixth National Education Goals regarding civics

and government.

‘‘(c) APPLICATIONS, PEER REVIEW AND PRIORITY.—

‘‘(1) SUBMISSION OF APPLICATIONS.—A State or local educational agency, other public or private nonprofit agency,

organization, or institution that desires to receive a grant or

enter into a contract under this section shall submit an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may

reasonably require.

‘‘(2) PEER REVIEW.—(A) The Secretary shall convene a panel

of individuals for purpose of reviewing and rating applications

submitted under paragraph (1).

‘‘(B) Such individuals shall have experience with education

programs in civics, government, and the law.

‘‘(3) PRIORITY.—In awarding grants or awarding contracts

under this section, the Secretary shall give priority consideration to applications which propose the operation of statewide

programs.

‘‘(d) DURATION OF GRANTS AND EXCEPTION.— ‘‘(1) DURATION.—Except as provided in paragraph (2), the

Secretary shall award grants and contracts under this section

for periods of two or three years. ‘‘(2) EXCEPTION.—The Secretary may award a grant or a

contract under this section for a period of less than 2 years

if the Secretary determines that special circumstances exist

which warrant a 1-year grant or contract award.

‘‘SEC. 10603. REPORT; AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) REPORT.—The Secretary shall report, on a biennial basis

to the Committee on Education and Labor of the House of Representatives and to the Committee on Labor and Human Resources

of the Senate regarding the distribution and use of funds authorized

under this part.

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) GENERAL.—There are authorized to be appropriated

to carry out this part $15,000,000 for fiscal year 1995 and

such sums as may be necessary for each of the four succeeding

fiscal years.

‘‘(2) ALLOCATION.—Except as provided in paragraph (3),

from the amount appropriated under subsection (a), the Secretary shall allocate—

‘‘(A) 40 percent of such amount to carry out section

10601; and

‘‘(B) 60 percent of such amount to carry out section

10602.

‘‘(3) SPECIAL RULE.—From funds appropriated under paragraph (1), the Secretary shall make available for fiscal year
H. R. 6—324

1995 and each succeeding fiscal year thereafter for the programs under sections 16101 and 16102 not less than the

amount made available for fiscal year 1994 to carry out such

programs under sections 4609 and 1562, respectively, of this

Act (as such sections were in effect on the day preceding the

date of enactment of the Improving America’s Schools Act of

1994).

‘‘PART G—ALLEN J. ELLENDER FELLOWSHIP

PROGRAM

‘‘SEC. 10701. FINDINGS.

‘‘The Congress finds as follows:

‘‘(1) It is a worthwhile goal to ensure that all students

in America are prepared for responsible citizenship and that

all students should have the opportunity to be involved in

activities that promote and demonstrate good citizenship.

‘‘(2) It is a worthwhile goal to ensure that America’s educators have access to programs for the continued improvement

of their professional skills.

‘‘(3) Allen J. Ellender, a Senator from Louisiana and President pro tempore of the United States Senate, had a distinguished career in public service characterized by extraordinary

energy and real concern for young people. Senator Ellender

provided valuable support and encouragement to the Close

Up Foundation, a nonpartisan, nonprofit foundation promoting

knowledge and understanding of the Federal Government

among young people and educators. Therefore, it is a fitting

and appropriate tribute to Senator Ellender to provide fellowships in his name to students of limited economic means, the

teachers who work with such students, and older Americans,

so that such students, teachers, and older Americans may

participate in the programs supported by the Close Up Foundation.

‘‘Subpart 1—Program for Middle and Secondary

School Students

‘‘SEC. 10711. ESTABLISHMENT.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make

grants in accordance with the provisions of this subpart to the

Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the

Close Up Foundation in carrying out its programs of increasing

understanding of the Federal Government among middle and

secondary school students.

‘‘(b) USE OF FUNDS.—Grants under this subpart shall be used

only to provide financial assistance to economically disadvantaged

students who participate in the program described in subsection

(a). Financial assistance received pursuant to this subpart by such

students shall be known as Allen J. Ellender fellowships.

‘‘SEC. 10712. APPLICATIONS.

‘‘(a) APPLICATION REQUIRED.—No grant under this subpart may

be made except upon an application at such time, in such manner,

and accompanied by such information as the Secretary may reasonably require.
H. R. 6—325

‘‘(b) CONTENTS OF APPLICATION.—Each such application shall

contain provisions to assure—

‘‘(1) that fellowship grants are made to economically disadvantaged middle and secondary school students;

‘‘(2) that every effort will be made to ensure the participation of students from rural and small town areas, as well

as from urban areas, and that in awarding fellowships to

economically disadvantaged students, special consideration will

be given to the participation of students with special educational needs, including student with disabilities, ethnic

minority students, and gifted and talented students; and

‘‘(3) the proper disbursement of the funds received under

this subpart.

‘‘Subpart 2—Program for Middle and Secondary

School Teachers

‘‘SEC. 10721. ESTABLISHMENT.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make

grants in accordance with the provisions of this subpart to the

Close Up Foundation of Washington, District of Columbia, a nonpartisan, nonprofit foundation, for the purpose of assisting the

Close Up Foundation in carrying out its programs of teaching

skills enhancement for middle and secondary school teachers.

‘‘(b) USE OF FUNDS.—Grants under this subpart shall be used

only for financial assistance to teachers who participate in the

program described in subsection (a). Financial assistance received

pursuant to this subpart by such individuals shall be known as

Allen J. Ellender fellowships.

‘‘SEC. 10722. APPLICATIONS.

‘‘(a) APPLICATION REQUIRED.—No grant under this subpart may

be made except upon an application at such time, in such manner,

and accompanied by such information as the Secretary may reasonably require.

‘‘(b) CONTENTS OF APPLICATION.—Each such application shall

contain provisions to assure—

‘‘(1) that fellowship grants are made only to teachers who

have worked with at least one student from such teacher’s

school who participates in the programs described in section

10711(a);

‘‘(2) that not more than one teacher in each school participating in the programs provided for in section 10711(a) may

receive a fellowship in any fiscal year; and ‘‘(3) the proper disbursement of the funds received under

this subpart.

‘‘Subpart 3—Programs for Recent Immigrants,

Students of Migrant Parents and Older Americans

‘‘SEC. 10731. ESTABLISHMENT.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) IN GENERAL.—The Secretary is authorized to make

grants in accordance with the provisions of this subpart to

the Close Up Foundation of Washington, District of Columbia,

a nonpartisan, nonprofit foundation, for the purpose of assisting
H. R. 6—326

the Close Up Foundation in carrying out its programs of

increasing understanding of the Federal Government among

economically disadvantaged older Americans, recent

immigrants and students of migrant parents. ‘‘(2) DEFINITION.—For the purpose of this subpart, the term

‘older American’ means an individual who has attained 55

years of age.

‘‘(b) USE OF FUNDS.—Grants under this subpart shall be used

for financial assistance to economically disadvantaged older Americans, recent immigrants and students of migrant parents who

participate in the program described in subsection (a). Financial

assistance received pursuant to this subpart by such individuals

shall be known as Allen J. Ellender fellowships.

‘‘SEC. 10732. APPLICATIONS.

‘‘(a) APPLICATION REQUIRED.—No grant under this subpart may be made except upon application at such time, in such manner,

and accompanied by such information as the Secretary may reasonably require. ‘‘(b) CONTENTS OF APPLICATION.—Except such application shall

contain provisions to assure— ‘‘(1) that fellowship grants are made to economically dis- advantaged older Americans, recent immigrants and students

of migrant parents; ‘‘(2) that every effort will be made to ensure the participa- tion of older Americans, recent immigrants and students of

migrant parents from rural and small town areas, as well

as from urban areas, and that in awarding fellowships, special

consideration will be given to the participation of older Americans, recent immigrants and students of migrant parents with

special needs, including individuals with disabilities, ethnic

minorities, and gifted and talented students; ‘‘(3) that activities permitted by subsection (a) are fully described; and

‘‘(4) the proper disbursement of the funds received under

this subpart.

‘‘Subpart 4—General Provisions

‘‘SEC. 10741. ADMINISTRATIVE PROVISIONS.

‘‘(a) GENERAL RULE.—Payments under this part may be made in installments, in advance, or by way of reimbursement, with

necessary adjustments on account of underpayment or overpayment. ‘‘(b) AUDIT RULE.—The Comptroller General of the United

States or any of the Comptroller General’s duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records that are pertinent

to any grant under this part.

‘‘SEC. 10742. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated

to carry out the provisions of subparts 1, 2, and 3 of this part

$4,400,000 for fiscal year 1995 and such sums as may be necessary

of each of the four succeeding fiscal years. ‘‘(b) SPECIAL RULE.—Of the funds appropriated pursuant to subsection (a), not more than 30 percent may be used for teachers

associated with students participating in the programs described

in section 10711(a).
H. R. 6—327

‘‘PART H—DE LUGO TERRITORIAL EDUCATION

IMPROVEMENT PROGRAM

‘‘SEC. 10801. FINDINGS AND PURPOSES.

‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) the attainment of a high quality education is important to a society and to each individual;

‘‘(2) it is the policy of the United States that all citizens

have a fair opportunity to receive a high quality education;

‘‘(3) such opportunity should extend to United States citizens and nationals residing in the outlying areas;

‘‘(4) reports show that the outlying areas have repeatedly

placed last in national education tests which measure knowledge in core subject areas;

‘‘(5) all students must realize their potential if the United

States is to prosper; and

‘‘(6) students in the outlying areas require additional assistance if such students are to obtain the high standards established for all students in the United States.

‘‘(b) PURPOSES.—The purpose of this part is to authorize an

education improvement program for the outlying areas which will

assist in developing programs which will enhance student learning,

increase the standard of education, and improve the performance

levels of all students.

‘‘SEC. 10802. GRANT AUTHORIZATION.

‘‘The Secretary is authorized to make grants to the outlying

areas to fund innovative education improvement programs which

will increase student learning.

‘‘SEC. 10803. CONSTRUCTION.

‘‘No funds from a grant under section 10802 may be used

for construction.

‘‘SEC. 10804. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated to carry out this

subpart $3,000,000 for each of the fiscal years 1994 through 1999.

‘‘PART I—21ST CENTURY COMMUNITY

LEARNING CENTERS

‘‘SEC. 10901. SHORT TITLE.

‘‘This part may be cited as the ‘21st Century Community Learning Centers Act’.

‘‘SEC. 10902. FINDINGS.

‘‘The Congress finds that—

‘‘(1) a local public school often serves as a center for the

delivery of education and human resources for all members

of a community;

‘‘(2) public schools, primarily in rural and inner city communities, should collaborate with other public and nonprofit agencies and organizations, local businesses, educational entities

(such as vocational and adult education programs, school-towork programs, community colleges, and universities), recreational, cultural, and other community and human service

entities, for the purpose of meeting the needs of, and expanding
H. R. 6—328

the opportunities available to, the residents of the communities

served by such schools; ‘‘(3) by using school facilities, equipment, and resources, communities can promote a more efficient use of public education facilities, especially in rural and inner city areas where

limited financial resources have enhanced the necessity for

local public schools to become social service centers; ‘‘(4) the high technology, global economy of the 21st century will require lifelong learning to keep America’s workforce

competitive and successful, and local public schools should provide centers for lifelong learning and educational opportunities

for individuals of all ages; and ‘‘(5) 21st Century Community Learning Centers enable the entire community to develop an education strategy that

addresses the educational needs of all members of local

communities.

‘‘SEC. 10903. PROGRAM AUTHORIZATION.

‘‘(a) GRANTS BY THE SECRETARY.—The Secretary is authorized, in accordance with the provisions of this part, to award grants

to rural and inner-city public elementary or secondary schools,

or consortia of such schools, to enable such schools or consortia

to plan, implement, or to expand projects that benefit the educational, health, social service, cultural, and recreational needs

of a rural or inner-city community. ‘‘(b) EQUITABLE DISTRIBUTION.—In awarding grants under this part, the Secretary shall assure an equitable distribution of assistance among the States, among urban and rural areas of the United

States, and among urban and rural areas of a State. ‘‘(c) GRANT PERIOD.—The Secretary shall award grants under this part for a period not to exceed 3 years. ‘‘(d) AMOUNT.—The Secretary shall not award a grant under this part in any fiscal year in an amount less than $35,000.

‘‘SEC. 10904. APPLICATION REQUIRED.

‘‘(a) APPLICATION.—To be eligible to receive a grant under this part, an elementary or secondary school or consortium shall submit

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

and accompanied by such information as the Secretary may reasonably prescribe. Each such application shall include— ‘‘(1) a comprehensive local plan that enables the school

or consortium to serve as a center for the delivery of education

and human resources for members of a community; ‘‘(2) an evaluation of the needs, available resources, and

goals and objectives for the proposed project in order to determine which activities will be undertaken to address such needs;

and

‘‘(3) a description of the proposed project, including— ‘‘(A) a description of the mechanism that will be used

to disseminate information in a manner that is understandable and accessible to the community;

‘‘(B) identification of Federal, State, and local programs

to be merged or coordinated so that public resources may

be maximized;

‘‘(C) a description of the collaborative efforts to be

undertaken by community-based organizations, related

public agencies, businesses, or other appropriate

organizations;
H. R. 6—329

‘‘(D) a description of how the school or consortium

will serve as a delivery center for existing and new services,

especially for interactive telecommunication used for education and professional training; and

‘‘(E) an assurance that the school or consortium will

establish a facility utilization policy that specifically

states—

‘‘(i) the rules and regulations applicable to building

and equipment use; and

‘‘(ii) supervision guidelines.

‘‘(b) PRIORITY.—The Secretary shall give priority to applications

describing projects that offer a broad selection of services which

address the needs of the community.

‘‘SEC. 10905. USES OF FUNDS.

‘‘Grants awarded under this part may be used to plan, implement, or expand community learning centers which include not

less than four of the following activities:

‘‘(1) Literacy education programs.

‘‘(2) Senior citizen programs.

‘‘(3) Children’s day care services.

‘‘(4) Integrated education, health, social service, recreational, or cultural programs.

‘‘(5) Summer and weekend school programs in conjunction

with recreation programs.

‘‘(6) Nutrition and health programs.

‘‘(7) Expanded library service hours to serve community

needs.

‘‘(8) Telecommunications and technology education programs for individuals of all ages.

‘‘(9) Parenting skills education programs.

‘‘(10) Support and training for child day care providers.

‘‘(11) Employment counseling, training, and placement.

‘‘(12) Services for individuals who leave school before

graduating from secondary school, regardless of the age of

such individual.

‘‘(13) Services for individuals with disabilities.

‘‘SEC. 10906. DEFINITION.

‘‘For the purpose of this part, the term ‘community learning

center’ means an entity within a public elementary or secondary

school building that—

‘‘(1) provides educational, recreational, health, and social

service programs for residents of all ages within a local community; and

‘‘(2) is operated by a local educational agency in conjunction

with local governmental agencies, businesses, vocational education programs, institutions of higher education, community

colleges, and cultural, recreational, and other community and

human service entities.

‘‘SEC. 10907. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated $20,000,000 for fiscal

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

four succeeding fiscal years, to carry out this part.
H. R. 6—330

‘‘PART J—URBAN AND RURAL EDUCATION

ASSISTANCE

‘‘SEC. 10951. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) DEMONSTRATION GRANTS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated

$125,000,000 for fiscal year 1995, and such sums as may be

necessary for each of the four succeeding fiscal years, to carry

out subparts 1 and 2 (other than section 10975).

‘‘(2) RESERVATION FOR SUBPART 1.—The Secretary shall

reserve 50 percent of the amount appropriated under paragraph

(1) to carry out subpart 1.

‘‘(3) RESERVATION FOR SUBPART 2.—The Secretary shall

reserve 50 percent of the amount appropriated under paragraph

(1) to carry out subpart 2 (other than section 10975).

‘‘(b) HIGHER EDUCATION GRANTS.—There are authorized to be

appropriated $25,000,000 for fiscal year 1995 and such sums as

may be necessary for each of the four succeeding fiscal years to

carry out section 10975.

‘‘(c) FEDERAL FUNDS TO SUPPLEMENT NOT SUPPLANT NON-FEDERAL FUNDS.—An eligible local educational agency may use funds

received under this part only to supplement and, to the extent

practicable, increase the level of funds that would, in the absence

of such Federal funds, be made available from non-Federal sources

for the education of students participating in activities assisted

under this part, and in no such case may such funds be used

to supplant funds from non-Federal sources.

‘‘SEC. 10952. DEFINITIONS.

‘‘Except as otherwise provided, for the purposes of this part:

‘‘(1) CENTRAL CITY.—The term ‘central city’ has the same

meaning used by the Bureau of the Census. ‘‘(2) METROPOLITAN STATISTICAL AREA.—The term ‘metropolitan statistical area’ has the same meaning used by the

Bureau of the Census.

‘‘(3) POVERTY LEVEL.—The term ‘poverty level’ means the

criteria of poverty used by the Bureau of the Census in compiling the most recent decennial census. ‘‘(4) RURAL ELIGIBLE LOCAL EDUCATIONAL AGENCY.—The

term ‘rural eligible local educational agency’ means a local

educational agency— ‘‘(A)(i) in which at least 15 percent of the children

enrolled in the schools served by such agency are eligible

to be counted under part A of title I; and

‘‘(ii) which is not in a metropolitan statistical area;

or

‘‘(B) in which the total enrollment in the schools served

by such agency is less than 2,500 students and that does

not serve schools located in a metropolitan statistical area.

‘‘(5) URBAN ELIGIBLE LOCAL EDUCATIONAL AGENCY.—The

term ‘urban eligible local educational agency’ means a local

educational agency that—

‘‘(A) serves the largest central city in a State;

‘‘(B) enrolls more than 30,000 students and serves a

central city with a population of at least 200,000 in a

metropolitan statistical area; or
H. R. 6—331

‘‘(C) enrolls between 25,000 and 30,000 students and

serves a central city with a population of at least 140,000

in a metropolitan statistical area.

‘‘Subpart 1—Urban Education Demonstration

Grants

‘‘SEC. 10961. FINDINGS.

‘‘The Congress finds that—

‘‘(1) the ability of the Nation’s major urban public school

systems to meet the Nation’s educational goals will determine

the country’s economic competitiveness and academic standing

in the world community;

‘‘(2) the quality of public education in the Nation’s major

urban areas has a direct effect on the economic development

of the Nation’s inner-cities;

‘‘(3) the success of urban public schools in boosting the

achievement of its minority youth attending such schools will

determine the ability of the Nation to close the gap between

the ‘haves and the have-nots’ in society;

‘‘(4) the cost to America’s businesses to provide remedial

education to high school graduates is approximately

$21,000,000,000 per year;

‘‘(5) approximately one-third of the Nation’s workforce will

be members of minority groups by the year 2000;

‘‘(6) urban schools enroll a disproportionately large share

of the Nation’s poor and ‘at-risk’ youth; ‘‘(7) urban schools enroll approximately one-third of the

Nation’s poor, 40 percent of the Nation’s African American

children, and 30 percent of the Nation’s Hispanic youth; ‘‘(8) nearly 20 percent of the Nation’s limited-English-proficient children and 15 percent of the Nation’s disabled youth

are enrolled in urban public schools;

‘‘(9) the academic performance of students in the average

inner-city public school system is below that of students in

most other kinds of school systems; ‘‘(10) urban public school systems have higher dropout

rates, more problems with health care, and less parental participation than other kinds of school systems; ‘‘(11) urban preschoolers have one-half the access to early

childhood development programs as do other children; ‘‘(12) shortages of teachers in urban public school systems

are 2.5 times greater than such shortages in other kinds of

school systems;

‘‘(13) declining numbers of urban minority high school graduates are pursuing postsecondary educational opportunities;

‘‘(14) urban public school systems have greater problems

with teenage pregnancy, discipline, drug abuse, and gangs than

do other kinds of school systems;

‘‘(15) 75 percent of urban public school buildings are over

25 years old, 33 percent of such buildings are over 50 years

old, and such buildings are often in serious disrepair and create

poor and demoralizing working and learning conditions;

‘‘(16) solving the challenges facing our Nation’s urban

schools will require the concerted and collaborative efforts of

all levels of government and all sectors of the community;
H. R. 6—332

‘‘(17) Federal and State funding of urban public schools

has not adequately reflected need; and

‘‘(18) Federal funding that is well-targeted, flexible, and

accountable would contribute significantly to addressing the

comprehensive needs of inner-city public schools.

‘‘SEC. 10962. PURPOSE.

‘‘It is the purpose of this subpart to provide financial assistance

to—

‘‘(1) assist urban public schools in meeting the National

Education Goals;

‘‘(2) improve the educational and social well-being of urban

public school children;

‘‘(3) close the achievement gap between urban and nonurban public school children, while improving the achievement

level of all children nationally;

‘‘(4) conduct coordinated research on urban public education

problems, solutions, and promising practices;

‘‘(5) improve the Nation’s global economic and educational

competitiveness by improving the Nation’s urban schools; and

‘‘(6) encourage community, parental, and business

collaboration in the improvement of urban schools.

‘‘SEC. 10963. URBAN SCHOOL GRANTS.

‘‘(a) AUTHORITY.—The Secretary is authorized to make grants

to eligible local educational agencies serving an urban area or

State educational agencies in the case where the State educational

agency is the local educational agency for activities designed to

assist in local school improvement efforts and school reform, and

to assist the schools of such agencies in meeting the National

Education Goals.

‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this section may

be used to—

‘‘(1) increase the academic achievement of urban public

school children to at least the national average, such as—

‘‘(A) effective public schools programs;

‘‘(B) tutoring, mentoring, and other activities to

improve academic achievement directly;

‘‘(C) activities designed to increase the participation

of minority and female students in entry level and advanced

courses in mathematics and science;

‘‘(D) supplementary academic instruction;

‘‘(E) efforts to improve problem-solving and higherorder thinking skills;

‘‘(F) programs to increase student motivation for learning; and

‘‘(G) efforts to lengthen the school day or school year,

or to reduce class sizes;

‘‘(2) ensure the readiness of all urban public school children

for school, such as—

‘‘(A) full workday, full calendar-year comprehensive

early childhood development programs;

‘‘(B) parenting classes and parent involvement

activities;

‘‘(C) activities designed to coordinate prekindergarten

and child care programs;
H. R. 6—333

‘‘(D) efforts to integrate developmentally appropriate

prekindergarten services into the overall public school

program;

‘‘(E) upgrading the qualifications of early childhood

education staff and standards for programs;

‘‘(F) collaborative efforts with health and social service

agencies to provide comprehensive services and to facilitate

the transition from home to school;

‘‘(G) establishment of comprehensive child care centers

in public secondary schools for students who are parents

and their children; and

‘‘(H) augmenting early childhood development programs to meet the special educational and cultural needs

of limited-English-proficient preschool children;

‘‘(3) increase the graduation rates of urban public school

students to at least the national average, such as—

‘‘(A) dropout prevention activities and support services

for public school students at-risk of dropping out of school;

‘‘(B) reentry, outreach, and support activities to recruit

students who have dropped out of school to return to school;

‘‘(C) development of systemwide policies and practices

that encourage students to stay in school;

‘‘(D) efforts to provide individualized student support,

such as mentoring programs;

‘‘(E) collaborative activities between schools, parents,

community groups, agencies, and institutions of higher education aimed at preventing individuals from dropping out

of school;

‘‘(F) programs to increase student attendance; and

‘‘(G) alternative programs for students, especially bilingual and special education students, who have dropped

out of school or are at risk of dropping out of school;

‘‘(4) prepare urban public school students to enter higher

education, pursue careers, and exercise their responsibilities

as citizens, such as—

‘‘(A) activities designed to increase the number and

percentages of students, particularly minority students,

enrolling in postsecondary educational institutions after

graduation from public secondary schools;

‘‘(B) in-school youth employment, vocational education,

and career education programs that improve the transition

from school to work;

‘‘(C) activities designed in collaboration with colleges

and universities to assist urban public school graduates

in completing higher education;

‘‘(D) efforts to increase voter registration among eligible

public secondary school students;

‘‘(E) activities designed to promote community service

and volunteerism among students, parents, teachers, and

the community; and

‘‘(F) civic education and other programs designed to

enhance responsible citizenship and understanding of the

political process;

‘‘(5) recruit and retain qualified teachers, such as—

‘‘(A) school-based management projects and activities;
H. R. 6—334

‘‘(B) programs designed to test efforts to increase the

professionalization of teachers or to bring teachers up to

national voluntary standards;

‘‘(C) alternative routes to certification for qualified

individuals from business, the military, and other fields;

‘‘(D) efforts to recruit and retain teachers, particularly

minority teachers, specializing in critical shortage areas,

including early childhood teachers, mathematics and

science teachers, and special education and bilingual

teachers;

‘‘(E) upgrading the skills of teacher aides and paraprofessionals to permit such individuals to become certified

teachers;

‘‘(F) activities specifically designed to increase the number of minority teachers in urban schools;

‘‘(G) incentives for teachers to work in inner-city public

schools; and

‘‘(H) collaborative activities with urban universities to

revise and upgrade teacher training programs;

‘‘(6) provide for ongoing staff development to increase the

professional capacities of the teaching staff and the skills of

teacher aides and paraprofessionals;

‘‘(7) decrease the use of drugs and alcohol among urban

public school students and enhance the physical and emotional

health of such students, such as—

‘‘(A) activities designed to improve the self-esteem and

self-worth of urban public school students;

‘‘(B) the provision of health care services and other

social services and the coordination of such services with

other health care providers;

‘‘(C) programs designed to improve safety and discipline

and reduce in-school violence, vandalism, and gang activity; ‘‘(D) activities that begin in the early grades and are

designed to prevent drug and alcohol abuse and smoking

among students and teachers; ‘‘(E) collaborative activities with other agencies,

businesses, and community groups to discourage the

advertisement and glorification of drugs and alcohol; ‘‘(F) efforts to enhance health education and nutrition

education; and

‘‘(G) alternative public schools, and schools-withinschools programs, including bilingual and special education

programs for public school students with special needs;

or

‘‘(8) plan, develop, operate, or expand programs and activities that are designed to assist urban public schools in meeting

the National Education Goals, including—

‘‘(A) training of teachers and other educational personnel in subject areas, or in instructional technology and

methods that will improve the delivery of services in urban

settings and assist in the achievement of the National

Education Goals, including staff development efforts that

emphasize multicultural and gender and disability biasfree curricula;

‘‘(B) coordination and collaboration with other municipal agencies, child care organizations, universities, or the

private sector;
H. R. 6—335

‘‘(C) parental involvement and outreach efforts and

other activities designed to enhance parental encouragement of student learning;

‘‘(D) pupil services and other support services that

contribute to progress in achieving National Education

Goals;

‘‘(E) efforts to acquire and improve access to educational technology;

‘‘(F) assist the schools most in need of services by

replicating successful efforts of other urban local educational agencies and expanding successful programs

within the eligible agency; or

‘‘(G) efforts to improve and strengthen the curriculum

and coordinate services across grade levels.

‘‘(c) APPLICATIONS.—

‘‘(1) IN GENERAL.—An eligible local educational agency

desiring to receive a grant under this section shall submit

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

and accompanied by such information as the Secretary may

reasonably require, consistent with this section.

‘‘(2) DURATION.—An application submitted pursuant to

paragraph (1) may be for a period of not more than five years.

‘‘(d) PAYMENTS.—The Secretary shall make an award only to

urban eligible local educational agencies that—

‘‘(1) comply with the provisions of section 10966; and

‘‘(2) demonstrate to the satisfaction of the Secretary that

the data submitted pursuant to section 10961 shows progress

toward meeting National Education Goals.

‘‘(e) ADMINISTRATIVE COSTS.—Not more than five percent of

any award made under this subpart may be used for administrative

costs.

‘‘SEC. 10964. SPECIAL RULES.

‘‘(a) SPECIAL CONSIDERATION.—In making awards under this

subpart, the Secretary shall give special consideration to urban

eligible local educational agencies in which there is— ‘‘(1) low achievement;

‘‘(2) high poverty; and

‘‘(3) racial isolation.

‘‘(b) FLEXIBILITY.—Each urban eligible local educational agency

shall have the flexibility to serve homeless children, children in

schools undergoing desegregation, immigrants, migrants, or other

highly mobile populations within the program assisted under this

subpart.

‘‘Subpart 2—Rural Education Demonstration

Grants

‘‘SEC. 10971. FINDINGS.

‘‘The Congress finds that—

‘‘(1) the ability of America’s rural public school systems

to meet the National Education Goals will contribute to the

economic competitiveness and academic standing of the Nation

in the world community;

‘‘(2) approximately 60 percent of the Nation’s public school

districts are rural with a population of less than 2,500;
H. R. 6—336

‘‘(3) about 1 out of every 4 of America’s rural school children

are living below the poverty line;

‘‘(4) the quality of public education in the rural areas

of the Nation has a direct effect on the economic development

of the rural communities of the Nation;

‘‘(5) the success of rural public schools in boosting the

achievement of minority youth attending such schools will

determine the ability of the Nation to close the gap between

the haves and the have-nots in society;

‘‘(6) the academic performance of students in the average

rural school system is below that of students in most other

suburban school systems;

‘‘(7) the average age of rural public school buildings is

more than 45 years old and such buildings are often in serious

disrepair, creating poor and demoralizing working and learning

conditions;

‘‘(8) shortages of teachers for rural public school systems

is greater than in other kinds of school systems;

‘‘(9) solving the challenges facing the Nation’s rural public

schools will require the concerted and collaborative efforts of

all levels of government and all sectors of the community;

‘‘(10) additional Federal funding would contribute significantly to addressing the comprehensive needs of rural schools;

‘‘(11) rural public schools enroll a disproportionately large

share of the Nation’s poor and at-risk youth;

‘‘(12) a declining number of rural public secondary school

graduates are pursuing postsecondary education opportunities;

‘‘(13) rural preschoolers have less access to early childhood

development programs than other children; and ‘‘(14) Federal and State funding of rural public schools

has not adequately reflected need.

‘‘SEC. 10972. PURPOSE.

‘‘It is the purpose of this subpart to provide financial assistance

to rural public schools most in need, to encourage the comprehensive

restructuring of America’s rural schools, the appropriate use of

telecommunications technologies for learning, and to support

innovative programs which improve performance through programs

and projects designed to— ‘‘(1) assist rural public schools in meeting National Education Goals;

‘‘(2) encourage rural public schools to engage in school

reform;

‘‘(3) develop pilot projects that experiment with innovative

ways to teach rural public school children more effectively;

‘‘(4) improve the educational and social well-being of rural

public school children;

‘‘(5) close the achievement gap between children attending

rural public schools and other children, while improving the

achievement level of all children nationally;

‘‘(6) conduct coordinated research on rural education problems, solutions, promising practices, and distance learning

technologies;

‘‘(7) improve the Nation’s global economic and educational

competitiveness by improving the Nation’s rural public schools;

‘‘(8) encourage community, parental, and business

collaboration in the improvement of rural public schools;
H. R. 6—337

‘‘(9) encourage rural school consortia for the purpose of increasing efficiency and course offerings; ‘‘(10) encourage a positive role for rural public schools in local rural entrepreneurship and the identification of rural

community economic development opportunities; ‘‘(11) encourage community-as-school concepts, which include the role public schools can play to assist with rural

community economic revitalization; and ‘‘(12) provide for the recruitment and meaningful inservice opportunities for rural public school teachers.

‘‘SEC. 10973. RURAL SCHOOL GRANTS.

‘‘(a) AUTHORITY.—The Secretary is authorized to make grants to rural eligible local educational agencies, or State educational

agencies in the case where the State educational agency is the

local educational agency, for activities designed to assist in local

school improvement efforts. ‘‘(b) AWARD RULES.— ‘‘(1) LESS THAN $50,000,000.—If the amount made available

to carry out this subpart for any fiscal year is less than

$50,000,000, the Secretary shall award grants under this section on a competitive basis. ‘‘(2) EQUAL TO OR GREATER THAN $50,000,000.—If the amount

made available to carry out this subpart for any fiscal year

is equal to or greater than $50,000,000, the Secretary shall

award grants under this section so that a rural eligible local

educational agency in each State receives such a grant.

‘‘(c) ADMINISTRATIVE COSTS.—Not more than five percent of

a grant awarded under section 10573 shall be used for administrative costs.

‘‘(d) DURATION.—Each grant under this section shall be awarded for a period of not more than five years.

‘‘SEC. 10974. USES OF FUNDS.

‘‘(a) IN GENERAL.—Grant funds made available under section

10973 may be used by rural eligible local educational agencies

to meet the National Education Goals through programs designed

to—

‘‘(1) increase the academic achievement of rural public

school children to at least the national average of such achievement, including education reform initiatives, such as— ‘‘(A) effective public schools programs;

‘‘(B) tutoring, mentoring, and other activities to improve academic achievement directly; ‘‘(C) supplementary academic instruction;

‘‘(D) efforts to improve problem-solving and higher- order critical thinking skills; and ‘‘(E) efforts to lengthen the school day, school year, or reduce class sizes;

‘‘(2) develop pilot projects that experiment with innovative

ways to teach rural public school children more effectively;

‘‘(3) encourage the formation of rural school consortia for

the purpose of increasing efficiency and course offerings;

‘‘(4) provide meaningful inservice training opportunities for

rural public school teachers;

‘‘(5) assist rural schools in acquiring and improving access

to educational technology, including distance learning

technologies;
H. R. 6—338

‘‘(6) ensure the readiness of all rural children for school,

such as—

‘‘(A) full workday, full calendar-year comprehensive

early childhood development programs;

‘‘(B) parenting classes, including parenting classes for

teenage parents, and parent involvement activities;

‘‘(C) activities designed to coordinate prekindergarten

and child care programs;

‘‘(D) efforts to integrate developmentally appropriate

prekindergarten services into the overall public school program;

‘‘(E) improving the skills of early childhood education

staff and standards for programs;

‘‘(F) collaborative efforts with health and social service

agencies to provide comprehensive services and to facilitate

the transition from home to school;

‘‘(G) establishment of comprehensive child care centers

in public secondary schools for student parents and their

children; and

‘‘(H) augmenting early childhood development programs to meet the special educational and cultural needs

of limited-English proficient children, children with disabilities, and migrant preschool children;

‘‘(7) increase the graduation rates of rural public school

students to at least the national average of such rate, when

funds are used to serve secondary schools, such as—

‘‘(A) dropout prevention activities and support services

for students at-risk of dropping out of school;

‘‘(B) reentry, outreach and support activities to recruit

students who have dropped out of school to return to school;

‘‘(C) development of systemwide policies and practices

that encourage students to stay in school;

‘‘(D) efforts to provide individualized student support;

‘‘(E) collaborative activities between schools, parents,

community groups, agencies, and institutions of higher education aimed at preventing individuals from dropping out

of school;

‘‘(F) programs to increase student attendance; and

‘‘(G) alternative programs for students, especially bilingual, special education, and migrant students, who have

dropped out of school or are at risk of dropping out of

school;

‘‘(8) prepare rural public school students to enter higher

education, pursue careers, and exercise their responsibilities

as citizens, such as—

‘‘(A) activities designed to increase the number and

percentages of students, enrolling in postsecondary educational institutions after graduation from secondary

schools;

‘‘(B) in-school youth employment, vocational education,

and career education programs that improve the transition

from school to work;

‘‘(C) activities designed in collaboration with colleges

and universities to assist rural public school graduates

in completing higher education;
H. R. 6—339

‘‘(D) activities designed in conjunction with community

colleges to provide a kindergarten through grade 14 experience for rural public school secondary school students;

‘‘(E) efforts to increase voter registration among eligible

public secondary school students attending schools served

by rural eligible local educational agencies;

‘‘(F) activities designed to promote community service

and volunteerism among students, parents, teachers, and

the community;

‘‘(G) civic education, law-related education, and other

programs designed to enhance responsible citizenship and

understanding of the political process; and

‘‘(H) encouraging a positive role for rural public schools

in local rural entrepreneurship and the identification of

rural community economic development opportunities;

‘‘(9) recruit and retain qualified teachers, such as—

‘‘(A) school-based management projects and activities;

‘‘(B) programs designed to increase the status of the

teaching profession;

‘‘(C) alternative routes to certification for qualified

individuals from business, the military, and other fields;

‘‘(D) efforts to recruit and retain teachers in critical

shortage areas, including early childhood teachers, mathematics and science teachers, foreign language teachers,

and special education and bilingual teachers;

‘‘(E) upgrading the skills of existing classroom teachers

through the use of year-round, systematic, comprehensive

inservice training programs; ‘‘(F) upgrading the skills of teacher aides and paraprofessionals to assist such individuals in becoming certified teachers;

‘‘(G) efforts specifically designed to increase the number

of minority teachers in rural public schools; ‘‘(H) programs designed to encourage parents and students to enter the teaching profession; ‘‘(I) incentives for teachers to work in rural public

schools;

‘‘(J) collaborative activities with colleges and universities to revise and upgrade teacher training programs

to meet the needs of rural public school students; and

‘‘(K) training activities for the purpose of incorporating

distance learning technologies; or

‘‘(10) decrease the use of drugs and alcohol among rural

public school students, and to enhance the physical and emotional health of such students, such as—

‘‘(A) activities designed to improve the self-esteem and

self-worth of rural students;

‘‘(B) the provision of health care services and other

social services and the coordination of such services with

other health care providers;

‘‘(C) programs designed to improve safety and discipline

and reduce in-school violence and vandalism;

‘‘(D) activities that begin in the early grades and are

designed to prevent drug and alcohol abuse and smoking

among students;

‘‘(E) collaborative activities with other agencies,

businesses, and community groups;
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‘‘(F) efforts to enhance health education and nutrition

education; and

‘‘(G) alternative public schools, and schools-withinschools programs, including bilingual, migrant, and special

education programs for students with special needs.

‘‘(b) APPLICATIONS.—Each eligible entity desiring a grant under

section 10973 shall submit an application to the Secretary at such

time, in such manner, and accompanied by such information as

the Secretary may reasonably require. Each grant awarded under

section 10973 shall be of sufficient size and scope to achieve significant rural school improvement.

‘‘SEC. 10975. HIGHER EDUCATION GRANTS.

‘‘(a) GRANTS.—The Secretary is authorized to make grants to

institutions of higher education, consortia of such institutions, or

partnerships between institutions of higher education and local

educational agencies to assist rural schools and rural eligible local

educational agencies in undertaking local school improvement

activities.

‘‘(b) AUTHORIZED ACTIVITIES.—Grant funds under this section

may be used to— ‘‘(1) assist rural schools in meeting National Education

Goals;

‘‘(2) assist in the recruitment and training of teachers in

rural schools;

‘‘(3) assist rural schools in the development of appropriate

innovative school improvement initiatives;

‘‘(4) provide inservice training opportunities for teachers

in rural schools; and

‘‘(5) provide technical assistance in the use and installation

of innovative telecommunications technology.

‘‘(c) APPLICATIONS.—Each eligible entity desiring a grant under

this section shall submit an application to the Secretary at such

time, in such manner, and accompanied by such information as

the Secretary may reasonably require.

‘‘Subpart 3—White House Conferences

‘‘SEC. 10981. WHITE HOUSE CONFERENCE ON URBAN EDUCATION.

‘‘(a) AUTHORIZATION TO CALL CONFERENCE.— ‘‘(1) IN GENERAL.—The President is authorized to call and

conduct a White House Conference on Urban Education

(referred to in this section as the ‘Conference’) which shall

be held not earlier than November 1, 1995, and not later

than October 30, 1996.

‘‘(2) PURPOSE.—The purpose of the Conference shall be

to—

‘‘(A) develop recommendations and strategies for the

improvement of urban education;

‘‘(B) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist urban public schools

in achieving National Education Goals; and

‘‘(C) conduct the initial planning for a permanent

national advisory commission on urban education.

‘‘(b) COMPOSITION OF CONFERENCE.—
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‘‘(1) IN GENERAL.—The Conference shall be comprised of

12 individuals, including—

‘‘(A) representatives of urban public school systems,

including members of the governing body of local educational agencies, and school superintendents;

‘‘(B) representatives of the Congress, the Department

of Education, and other Federal agencies;

‘‘(C) State elected officials and representatives from

State educational agencies; and

‘‘(D) individuals with special knowledge of and expertise in urban education.

‘‘(2) SELECTION.—The President shall select one-third of

the participants of the Conference, the majority leader of the

Senate, in consultation with the minority leader of the Senate,

shall select one-third of such participants, and the Speaker

of the House of Representatives, in consultation with the minority leader of the House, shall select the remaining one-third

of such participants.

‘‘(3) REPRESENTATION.—In selecting the participants of the

Conference, the President, the majority leader of the Senate,

and the Speaker of the House of Representatives shall ensure

that the participants are as representative of the ethnic, racial,

and linguistic diversity of cities as is practicable.

‘‘(c) REPORT.—

‘‘(1) IN GENERAL.—Not later than 120 days following the

termination of the Conference, a final report of the Conference,

containing such findings and recommendations as may be made

by the Conference, shall be submitted to the President. The

final report shall be made public and, not later than 90 days

after receipt by the President, transmitted to the Congress

together with a statement of the President containing recommendations for implementing the report.

‘‘(2) PUBLICATION AND DISTRIBUTION.—The Conference is

authorized to publish and distribute the report described in

this section. Copies of the report shall be provided to the

Federal depository libraries and made available to local urban

public school leaders.

‘‘SEC. 10982. WHITE HOUSE CONFERENCE ON RURAL EDUCATION.

‘‘(a) AUTHORIZATION TO CALL CONFERENCE.—

‘‘(1) IN GENERAL.—The President is authorized to call and

conduct a White House Conference on Rural Education (hereafter in this section referred to as the ‘Conference’).

‘‘(2) DATE.—The Conference shall be held not earlier than

November 1, 1995, and not later than October 30, 1996.

‘‘(3) PURPOSE.—The purposes of the Conference shall be

to—

‘‘(A) develop recommendations and strategies for the

improvement of rural public education;

‘‘(B) marshal the forces of the private sector, governmental agencies at all levels, parents, teachers, communities, and education officials to assist rural public schools

in achieving National Education Goals, and make recommendations on the roles rural public schools can play

to assist with local rural community economic revitalization; and
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‘‘(C) conduct the initial planning for a permanent national commission on rural public education. ‘‘(b) COMPOSITION OF CONFERENCE.— ‘‘(1) IN GENERAL.—The Conference shall be comprised of— ‘‘(A) representatives of eligible public school systems,

including members of the governing body of local educational agencies, school superintendents, and classroom

teachers;

‘‘(B) representatives of the Congress, the Department,

and other Federal agencies;

‘‘(C) State elected officials and representatives from

State educational agencies;

‘‘(D) individuals with special knowledge of, and expertise in, rural education, including individuals involved with

rural postsecondary education; and

‘‘(E) individuals with special knowledge of, and expertise in, rural business.

‘‘(2) SELECTION.—The President shall select one-third of

the participants of the Conference, the majority leader of the

Senate, in consultation with the minority leader of the Senate,

shall select one-third of such participants, and the Speaker

of the House of Representatives, in consultation with the minority leader of the House, shall select the remaining one-third

of such participants.

‘‘(3) REPRESENTATION.—In selecting the participants of the

Conference, the President, the majority leader of the Senate,

and the Speaker of the House of Representatives shall ensure

that the participants are as representative of the ethnic, racial,

and language diversity of rural areas as is practicable.

‘‘(c) REPORT.—

‘‘(1) IN GENERAL.—Not later than 120 days following the

termination of the Conference, a final report of the Conference,

containing such findings and recommendations as may be made

by the Conference, shall be submitted to the President. The

final report shall be made public and, not later than 90 days

after receipt by the President, transmitted to the Congress

together with a statement of the President containing recommendations for implementing the report.

‘‘(2) PUBLICATION AND DISTRIBUTION.—The Conference is

authorized to publish and distribute the report described in

this section. Copies of the report shall be provided to the

Federal depository libraries and made available to local rural

school leaders and teachers.

‘‘PART K—NATIONAL WRITING PROJECT

‘‘SEC. 10991. FINDINGS.

‘‘The Congress finds that— ‘‘(1) the United States faces a crisis in writing in schools

and in the workplace;

‘‘(2) the writing problem has been magnified by the rapidly

changing student populations and the growing number of atrisk students due to limited English proficiency;

‘‘(3) over the past two decades, universities and colleges

across the country have reported increasing numbers of entering freshmen who are unable to write at a level equal to

the demands of college work;
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‘‘(4) American businesses and corporations are concerned

about the limited writing skills of entry-level workers, and

a growing number of executives are reporting that advancement

was denied to them due to inadequate writing abilities;

‘‘(5) the writing problem has been magnified by the rapidly

changing student populations in the Nation’s schools and the

growing number of students who are at risk because of limited

English proficiency;

‘‘(6) writing and reading are both fundamental to learning,

yet writing has been historically neglected in the schools and

colleges, and most teachers in the United States elementary

schools, secondary schools, and colleges have not been trained

to teach writing;

‘‘(7) since 1973, the only national program to address the

writing problem in the Nation’s schools has been the National

Writing Project, a network of collaborative university-school

programs whose goal is to improve the quality of student writing and the teaching of writing at all grade levels and to

extend the uses of writing as a learning process through all

disciplines;

‘‘(8) the National Writing Project offers summer and school

year inservice teacher training programs and a dissemination

network to inform and teach teachers of developments in the

field of writing;

‘‘(9) the National Writing Project is a nationally recognized

and honored nonprofit organization that recognizes that there

are teachers in every region of the country who have developed

successful methods for teaching writing and that such teachers

can be trained and encouraged to train other teachers;

‘‘(10) the National Writing Project has become a model

for programs to improve teaching in such other fields as mathematics, science, history, literature, performing arts, and foreign

languages;

‘‘(11) the National Writing Project teacher-teaching-teachers program identifies and promotes what is working in the

classrooms of the Nation’s best teachers;

‘‘(12) the National Writing Project teacher-teaching-teachers project is a positive program that celebrates good teaching

practices and good teachers and through its work with schools

increases the Nation’s corps of successful classroom teachers;

‘‘(13) evaluations of the National Writing Project document

the positive impact the project has had on improving the teaching of writing, student performance, and student thinking and

learning ability;

‘‘(14) the National Writing Project programs offer careerlong education to teachers, and teachers participating in the

National Writing Project receive graduate academic credit;

‘‘(15) each year over 100,000 teachers voluntarily seek

training in National Writing Project intensive summer

institutes and workshops and school year in-service programs

through one of the 154 regional sites located in 45 States,

the Commonwealth of Puerto Rico, and in 4 sites that serve

United States teachers in United States dependent and

independent schools;

‘‘(16) 250 National Writing Project sites are needed to establish regional sites to serve all teachers;
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‘‘(17) private foundation resources, although generous in

the past, are inadequate to fund all of the National Writing

Project sites needed and the future of the program is in jeopardy

without secure financial support;

‘‘(18) independent evaluation studies have found the

National Writing Project to be highly cost effective compared

to other professional development programs for teachers; and

‘‘(19) during 1991, the first year of Federal support for

the National Writing Project, the National Writing Project

matched the $1,951,975 in Federal support with $9,485,504

in matching funds from State, local, and other sources.

‘‘SEC. 10992. NATIONAL WRITING PROJECT.

‘‘(a) AUTHORIZATION.—The Secretary is authorized to make a

grant to the National Writing Project (hereafter in this section

referred to as the ‘grantee’), a nonprofit educational organization

which has as its primary purpose the improvement of the quality

of student writing and learning, and the teaching of writing as

a learning process in the Nation’s classrooms—

‘‘(1) to support and promote the establishment of teacher

training programs, including the dissemination of effective practices and research findings regarding the teaching of writing

and administrative activities;

‘‘(2) to support classroom research on effective teaching

practice and to document student performance;

‘‘(3) to coordinate activities assisted under this section with

activities assisted under title II; and

‘‘(4) to pay the Federal share of the cost of such programs.

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

‘‘(1) the grantee will enter into contracts with institutions

of higher education or other nonprofit educational providers

(hereafter in this section referred to as ‘contractors’) under

which the contractors will agree to establish, operate, and provide the non-Federal share of the cost of teacher training programs in effective approaches and processes for the teaching

of writing;

‘‘(2) funds made available by the Secretary to the grantee

pursuant to any contract entered into under this section will

be used to pay the Federal share of the cost of establishing

and operating teacher training programs as provided in paragraph (1); and

‘‘(3) the grantee will meet such other conditions and standards as the Secretary determines to be necessary to assure

compliance with the provisions of this section and will provide

such technical assistance as may be necessary to carry out

the provisions of this section.

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

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

summer months;

‘‘(2) train teachers who teach grades kindergarten through

college;

‘‘(3) select teachers to become members of a National Writing Project teacher network whose members will conduct writing workshops for other teachers in the area served by each

National Writing Project site; and
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‘‘(4) encourage teachers from all disciplines to participate

in such teacher training programs.

‘‘(d) FEDERAL SHARE.—

‘‘(1) IN GENERAL.—Except as provided in paragraph (2)

or (3) and for purposes of subsection (a), the term ‘Federal

share’ means, with respect to the costs of teacher training

programs authorized in subsection (a), 50 percent of such costs

to the contractor.

‘‘(2) WAIVER.—The Secretary may waive the provisions of

paragraph (1) on a case-by-case basis if the National Advisory

Board described in subsection (f) determines, on the basis of

financial need, that such waiver is necessary.

‘‘(3) MAXIMUM.—The Federal share of the costs of teacher

training programs conducted pursuant to subsection (a) may

not exceed $40,000 for any one contractor, or $200,000 for

a statewide program administered by any one contractor in

at least five sites throughout the State.

‘‘(e) CLASSROOM TEACHER GRANTS.—

‘‘(1) IN GENERAL.—The National Writing Project may

reserve an amount not to exceed 5 percent of the amount

appropriated pursuant to the authority of this section to make

grants, on a competitive basis, to elementary and secondary

school teachers to pay the Federal share of the cost of enabling

such teachers to—

‘‘(A) conduct classroom research;

‘‘(B) publish models of student writing;

‘‘(C) conduct research regarding effective practices to

improve the teaching of writing; and

‘‘(D) conduct other activities to improve the teaching

and uses of writing.

‘‘(2) SUPPLEMENT AND NOT SUPPLANT.—Grants awarded

pursuant to paragraph (1) shall be used to supplement and

not supplant State and local funds available for the purposes

set forth in paragraph (1).

‘‘(3) MAXIMUM GRANT AMOUNT.—Each grant awarded pursuant to this subsection shall not exceed $2,000.

‘‘(4) FEDERAL SHARE.—For the purpose of this subsection

the term ‘Federal share’ means, with respect to the costs of

activities assisted under this subsection, 50 percent of such

costs to the elementary or secondary school teacher.

‘‘(f) NATIONAL ADVISORY BOARD.—

‘‘(1) ESTABLISHMENT.—The National Writing Project shall

establish and operate a National Advisory Board.

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

‘‘(A) national educational leaders;

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

‘‘(C) such other individuals as the National Writing

Project deems necessary.

‘‘(3) DUTIES.—The National Advisory Board established

pursuant to paragraph (1) shall—

‘‘(A) advise the National Writing Project on national

issues related to student writing and the teaching of

writing;

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

Writing Project; and
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‘‘(C) support the continued development of the National

Writing Project. ‘‘(g) EVALUATION.— ‘‘(1) IN GENERAL.—The Secretary shall conduct an independent evaluation by grant or contract of the teacher

training programs administered pursuant to this Act in accordance with section 14701. Such evaluation shall specify the

amount of funds expended by the National Writing Project

and each contractor receiving assistance under this section

for administrative costs. The results of such evaluation shall

be made available to the appropriate committees of the

Congress. ‘‘(2) FUNDING LIMITATION.—The Secretary shall reserve not more than $150,000 from the total amount appropriated pursuant to the authority of subsection (i) for fiscal year 1994 and

the four succeeding fiscal years to conduct the evaluation

described in paragraph (1).

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

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

‘‘(B) such other individuals as the National Writing Project deems necessary.

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

‘‘(A) review all applications for assistance under this

subsection; and

‘‘(B) recommend applications for assistance under this

subsection for funding by the National Writing Project. ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for the grant to the National Writing Project,

$4,000,000 for fiscal year 1995, and such sums as may be necessary

for each of the four succeeding fiscal years, to carry out the provisions of this section.

‘‘PART L—THE EXTENDED TIME FOR

LEARNING AND LONGER SCHOOL YEAR

‘‘SEC. 10993. THE EXTENDED TIME FOR LEARNING AND LONGER

SCHOOL YEAR.

‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) the Commission on Time and Learning has found that—

‘‘(A) realizing the third National Education Goal, that states all students will leave grades four, eight and twelve

having demonstrated competency in challenging subject

matter, including English, mathematics, science, foreign

languages, civics and government, economics, arts, history,

and geography, will require considerably more common

core learning time than most students now receive;

‘‘(B) ensuring that all students learn to high standards

will require flexibility and innovation in the use of common

core learning time, as well as the rest of the time students

spend both during and beyond the school day;

‘‘(C) teachers need regular, sustained time for lesson

development, collegial collaboration and other professional

development;
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‘‘(D) schools, businesses, community-based organizations, tribal leaders, and other community agencies and

members should work together to foster effective learning

and enrichment programs and activities for students,

including programs that operate outside of the regular

school day or year;

‘‘(E) for most students in the United States, the school

year is 180 days long. In Japan students go to school

243 days per year, in Germany students go to school 240

days per year, in Austria students go to school 216 days

per year, in Denmark students go to school 200 days per

year, and in Switzerland students go to school 195 days

per year; and

‘‘(F) in the final four years of schooling, students in

schools in the United States are required to spend a total

of 1,460 hours on core academic subjects, less than half

of the 3,528 hours so required in Germany, the 3,280

hours so required in France, and the 3,170 hours so

required in Japan;

‘‘(2) increasing the amount and duration of intensive,

engaging and challenging learning activities geared to high

standards can increase student motivation and achievement;

‘‘(3) the benefits of extending learning time, including common core instructional time, can be maximized by concurrent

changes in curriculum and instruction, such as accelerated

learning, and engaging, interactive instruction based on challenging content;

‘‘(4) maximizing the benefit of increased common core and

other learning time will require the collaboration and cooperation of teachers and administrators, students, parents, community members and organizations, businesses and others to

develop strategies to meet the needs of students during and

beyond the school day and year;

‘‘(5) a competitive world economy requires that students

in the United States receive education and training that is

at least as rigorous and high-quality as the education and

training received by students in competitor countries;

‘‘(6) despite our Nation’s transformation from a farm-based

economy to one based on manufacturing and services, the school

year is still based on the summer needs of an agrarian economy;

‘‘(7) American students’ lack of formal schooling is not

counterbalanced with more homework. The opposite is true,

as half of all European students report spending at least two

hours on homework per day, compared to only 29 percent

of American students. Twenty-two percent of American students

watch five or more hours of television per day, while less

than eight percent of European students watch that much

television;

‘‘(8) more than half of teachers surveyed in the United

States cite ‘children who are left on their own after school’

as a major problem;

‘‘(9) over the summer months, disadvantaged students not

only fail to advance academically, but many forget much of

what such students had learned during the previous school

year;
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‘‘(10) funding constraints as well as the strong pull of

tradition have made extending the school year difficult for

most States and school districts; and

‘‘(11) experiments with extended and multi-track school

years have been associated with both increased learning and

more efficient use of school facilities.

‘‘(b) PURPOSES.—It is the purpose of this part to—

‘‘(1) provide seed money to schools and local educational

agencies to enable such agencies to devise and implement

strategies and methods for upgrading the quality of, and extending, challenging, engaging learning time geared to high standards for all students; and

‘‘(2) allow the Secretary to provide financial incentives and

assistance to States or local educational agencies to enable

such States or agencies to substantially increase the amount

of time that students spend participating in quality academic

programs, and to promote flexibility in school scheduling.

‘‘(c) PROGRAM AUTHORIZED.—

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

grants to local educational agencies having applications

approved under subsection (d) to enable such agencies to carry

out the authorized activities described in subsection (e) in public

elementary and secondary schools.

‘‘(2) AMOUNT.—The Secretary shall, to the extent practicable, provide an equitable distribution of grants under this

section.

‘‘(3) DURATION.—Each grant under subsection (a) shall be

awarded for a period of not more than three years.

‘‘(4) PRIORITY.—The Secretary shall give priority to awarding grants under this part to local educational agencies that

serve schools with high percentages of students in poverty.

‘‘(d) APPLICATION.—Each local educational agency desiring a

grant under this section shall submit an application to the Secretary

at such time, in such manner, and accompanied by such information

as the Secretary may require. Each such application shall describe—

‘‘(1) the activities for which assistance is sought;

‘‘(2) any study or other information-gathering project for

which funds will be used;

‘‘(3) strategies and methods the applicant will use to enrich

and extend learning time for all students and to maximize

the percentage of common core learning time in the school

day, such as block scheduling, team teaching, longer school

days or years, and extending learning time through new distance-learning technologies;

‘‘(4) the strategies and methods the applicant will use,

including changes in curriculum and instruction, to challenge

and engage students and to maximize the productiveness of

common core learning time, as well as the total time students

spend in school and in school-related enrichment activities;

‘‘(5) the strategies and methods the applicant intends to

employ to provide continuing financial support for the

implementation of any extended school day or school year;

‘‘(6) with respect to any application seeking assistance for

activities described under subsection (e)(4), a description of

any feasibility or other studies demonstrating the sustainability

of a longer school year;
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‘‘(7) the extent of involvement of teachers and other school

personnel in investigating, designing, implementing and

sustaining the activities assisted under this part;

‘‘(8) the process to be used for involving parents and other

stakeholders in the development and implementation of the

activities assisted under this part;

‘‘(9) any cooperation or collaboration among public housing

authorities, libraries, businesses, museums, community-based

organizations, and other community groups and organizations

to extend engaging, high-quality, standards-based learning time

outside of the school day or year, at the school or at some

other site;

‘‘(10) the training and professional development activities

that will be offered to teachers and others involved in the

activities assisted under this part;

‘‘(11) the goals and objectives of the activities assisted

under this part, including a description of how such activities

will assist all students to reach State standards;

‘‘(12) the methods by which the applicant will assess

progress in meeting such goals and objectives; and

‘‘(13) how the applicant will use funds provided under

this part in coordination with other funds provided under this

Act or other Federal laws.

‘‘(e) AUTHORIZED ACTIVITIES.—Funds under this section may

be used—

‘‘(1) to study the feasibility of, and effective methods for,

extending learning time within or beyond the school day or

year, including consultation with other schools or local educational agencies that have designed or implemented extended

learning time programs; ‘‘(2) to conduct outreach to and consult with community

members, including parents, students, and other stakeholders,

such as tribal leaders, to develop a plan to extend learning

time within or beyond the school day or year; ‘‘(3) to develop and implement an outreach strategy that

will encourage collaboration with public housing authorities,

libraries, businesses, museums, community-based organizations, and other community groups and organizations to coordinate challenging, high-quality educational activities outside of

the school day or year; ‘‘(4) to support public school improvement efforts that

include expansion of time devoted to core academic subjects

and the extension of the school year to 210 days; ‘‘(5) to research, develop and implement strategies, including changes in curriculum and instruction, for maximizing the

quality and percentage of common core learning time in the

school day and extending learning time during or beyond the

school day or year;

‘‘(6) to provide professional development for school staff

in innovative teaching methods that challenge and engage students, and also increase the productivity of extended learning

time; and

‘‘(7) to develop strategies to include parents, business representatives, and other community members in the extended

time activities, especially as facilitators of activities that enable

teachers to have more time for planning, individual student

assistance, and professional development activities.
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‘‘(f) DEFINITIONS.—For the purpose of this section the term

‘common core learning time’ means high-quality, engaging instruction in challenging content in each of the following core academic

subjects described in the third National Education Goal:

‘‘(1) English.

‘‘(2) Mathematics.

‘‘(3) Science.

‘‘(4) Foreign languages.

‘‘(5) Civics and government.

‘‘(6) Economics.

‘‘(7) Arts.

‘‘(8) History.

‘‘(9) Geography.

‘‘(g) ADMINISTRATION.—

‘‘(1) PEER REVIEW.—The Secretary shall award grants under

this section pursuant to a peer review process.

‘‘(2) DIVERSITY.—In awarding grants under this section the

Secretary shall ensure that such grants are awarded to a diversity of local educational agencies, including such agencies that

serve rural and urban areas.

‘‘(h) APPROPRIATIONS AUTHORIZATION.—

‘‘(1) IN GENERAL.—For the purpose of carrying out this

section there are authorized to be appropriated $90,000,000

for fiscal year 1995 and such sums as may be necessary for

each of the four succeeding fiscal years.

‘‘(2) LIMITATION.—Not less than 80 percent of any amount

appropriated under paragraph (1) shall be made available to

applicants seeking to extend their school year to not fewer

than 210 days.

‘‘PART M—TERRITORIAL ASSISTANCE

‘‘SEC. 10995. GENERAL ASSISTANCE FOR THE VIRGIN ISLANDS.

‘‘There are authorized to be appropriated $5,000,000 for fiscal

year 1995 and for each of the 4 succeeding fiscal years, for the

purpose of providing general assistance to improve public education

in the Virgin Islands.

‘‘TITLE XI—COORDINATED SERVICES

‘‘SEC. 11001. FINDINGS AND PURPOSE.

‘‘(a) FINDINGS.—The Congress finds the following: ‘‘(1) Growing numbers of children are negatively affected

by influences outside of the classroom which increase such

children’s risk of academic failure.

‘‘(2) Factors such as poor nutrition, unsafe living conditions,

physical and sexual abuse, family and gang violence, inadequate

health care, unemployment, lack of child care, and substance

abuse, adversely affect family relationships and the ability of

a child to learn.

‘‘(3) Parents and other caregivers in today’s high pressure

society often face demands which place restraints on such parents’ and caregivers’ time and affect such parents’ and

caregivers’ ability to adequately provide for the needs of the

families of such parents and caregivers.
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‘‘(4) Access to health and social service programs can

address the basic physical and emotional needs of children

so that children can fully participate in the learning experiences

offered children in school.

‘‘(5) Services for at-risk students need to be more convenient, and less fragmented, regulated and duplicative, in order

to meet the needs of children and their families.

‘‘(6) School personnel, parents, and support service providers often lack knowledge of, and access to, available services

for at-risk students and their families in the community, and

have few resources to coordinate services and make services

accessible.

‘‘(7) Service providers, such as teachers, social workers,

health care and child care providers, juvenile justice workers

and others, are often trained in separate disciplines that provide

little support for the coordination of services.

‘‘(8) Coordination of services is more cost effective because

such coordination substitutes prevention for expensive crisis

intervention.

‘‘(9) Coordinating health and social services with education

can help the Nation meet the National Education Goals by

ensuring better outcomes for children.

‘‘(b) PURPOSE OF COORDINATING SERVICES.—The purpose of this

title is to provide elementary and secondary school students and

their families better access to the social, health and education

services necessary for students to succeed in school and for their

families to take an active role in ensuring that such students

receive the best possible education.

‘‘SEC. 11002. DEFINITIONS.

‘‘For the purpose of this title—

‘‘(1) the term ‘coordinated services project’ means a comprehensive approach to meeting the educational, health, social

service, and other needs of children and their families, including

foster children and their foster families, through a communitywide partnership that links public and private agencies

providing such services or access to such services through a

coordination site at or near a school; and

‘‘(2) the term ‘eligible entity’ means a local educational

agency, school, or a consortium of schools.

‘‘SEC. 11003. AUTHORITY.

‘‘In order to use funds made available under section 14206(b)

for the development, or the implementation or expansion, of a

coordinated service project an eligible entity shall have an application approved under subsection (b) or (c), respectively, of section

11004.

‘‘SEC. 11004. PROJECT DEVELOPMENT AND IMPLEMENTATION.

‘‘(a) APPLICATIONS.—Each eligible entity desiring to use funds

made available under section 14206(b) shall submit an application

to the Secretary at such time, in such manner and accompanied

by such information as the Secretary may reasonably require.

‘‘(b) PROJECT DEVELOPMENT PLAN.—The application for the

development of the coordinated services project under this title

shall cover a period of not more than 1 year and shall include

a plan that—
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‘‘(1) demonstrates that an assessment will be performed

of the economic, social, and health barriers to educational

achievement experienced by children and families, including

foster children and their foster families, in the community,

and the local, State, Federal, and privately funded services

available to meet such needs;

‘‘(2) identifies the measures that will be taken to establish

a communitywide partnership that links public and private

agencies providing services to children and families; and

‘‘(3) identifies any other measures that will be taken to

develop a comprehensive plan for the implementation or expansion of a coordinated services project.

‘‘(c) PROJECT IMPLEMENTATION OR EXPANSION PLAN.—The

application for the implementation or expansion of a coordinated

services project under this title shall contain a plan that includes—

‘‘(1) the results of a children and families needs assessment,

which shall include an assessment of the needs of foster children;

‘‘(2) a description of the entities operating the coordinated

services project;

‘‘(3) a description of the proposed coordinated services

project, the objectives of such project, where such project will

be located, and the staff that will be used to carry out such

project;

‘‘(4) a description of how the success of the coordinated

services project will be evaluated;

‘‘(5) a description of the training to be provided to teachers

and appropriate personnel;

‘‘(6) information regarding whether a sliding scale fee for

services will be employed, and if not, an explanation of why

such scale is not feasible; and

‘‘(7) when applicable, strategies to ensure that the health

and welfare needs of migratory families are addressed.

‘‘SEC. 11005. USES OF FUNDS.

‘‘(a) USES.— ‘‘(1) IN GENERAL.—Funds made available under section

14206(b) may be used for planning for, or the implementation

or expansion of, activities which include—

‘‘(A) hiring a services coordinator;

‘‘(B) making minor renovations to existing buildings;

‘‘(C) purchasing basic operating equipment;

‘‘(D) improving communications and information-sharing among entities participating in the coordinated services

project;

‘‘(E) providing training to teachers and appropriate

personnel concerning such teacher’s and personnel’s role

in a coordinated services project; or

‘‘(F) conducting the needs assessment required in section 11004(b)(1).

‘‘(2) PROHIBITION.—Funds made available under section

14206(b) shall not be used for the direct provision of any

health or health-related services.

‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT, NONFEDERAL FUNDS.—An eligible entity shall use funds received under

this title only to supplement the amount of funds that would,

in the absence of such Federal funds, be made available from
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non-Federal sources for coordinated services, and not to supplant

such funds.

‘‘SEC. 11006. CONTINUING AUTHORITY.

‘‘The Secretary shall prohibit an eligible entity from using

funds made available under section 14206(b) if the Secretary determines that the coordinated services project assisted under this

title is not achieving effective coordination after two years of

implementation of such project.

‘‘SEC. 11007. FEDERAL AGENCY COORDINATION.

‘‘(a) AGENCY COORDINATION.—The Secretaries of Education,

Health and Human Services, Labor, Housing and Urban Development, Treasury, and Agriculture, and the Attorney General shall

review the programs administered by their agencies to identify

barriers to service coordination.

‘‘(b) REPORT TO CONGRESS.—Such Secretaries and the Attorney

General shall submit jointly a report to the Congress not later

than two years after the date of the enactment of the Improving

America’s Schools Act of 1994, based on the review required under

subsection (a) recommending legislative and regulatory action to

address such barriers, and during the time preceding the submission

of such report, shall use waiver authorities authorized under this

and other Acts to address such barriers.

‘‘TITLE XII—SCHOOL FACILITIES

INFRASTRUCTURE IMPROVEMENT ACT

‘‘SEC. 12001. SHORT TITLE.

‘‘This title may be cited as the ‘Education Infrastructure Act

of 1994’.

‘‘SEC. 12002. FINDINGS.

‘‘The Congress finds the following: ‘‘(1) According to a 1991 survey conducted by the American

Association of School Administrators, 74 percent of all public

school buildings in the United States need to be replaced. ‘‘(2) Almost one-third of such buildings were built prior

to World War II.

‘‘(3) It is estimated that one of every four public school

buildings in the United States is in inadequate condition, and

of such buildings, 61 percent need maintenance or major

repairs, 43 percent are obsolete, 42 percent contain environmental hazards, 25 percent are overcrowded, and 13 percent

are structurally unsound.

‘‘(4) Large numbers of local educational agencies have difficulties securing financing for school facility improvement,

including school libraries, media centers, and facilities.

‘‘(5) Improving the quality of public elementary and secondary schools will help our Nation meet the National Education

Goals.

‘‘(6) The challenges facing our Nation’s public elementary

and secondary schools require the concerted and collaborative

efforts of all levels of government and all sectors of the community.
H. R. 6—354

‘‘SEC. 12003. PURPOSE.

‘‘The purpose of this title is to help the Nation meet the

National Education Goals through the provision of Federal funds

to enable local educational agencies to meet the costs associated

with the improvement of schools within their jurisdiction.

‘‘SEC. 12004. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION FACILITIES PROGRAM AUTHORIZED.

‘‘(a) PROGRAM AUTHORITY.—

‘‘(1) IN GENERAL.—From amounts appropriated under section 12013 for any fiscal year, the Secretary shall award grants

to eligible local educational agencies with applications approved

under section 12005 to carry out the authorized activities

described in section 12007.

‘‘(2) SPECIAL RULE.—The Secretary may reserve not more

than 1 percent of the amount appropriated under section 12013

to provide assistance to Indian schools in accordance with this

title.

‘‘(b) AWARD CATEGORIES.—

‘‘(1) IN GENERAL.—From the funds appropriated to carry

out this title for each fiscal year, the Secretary shall award

grants to eligible local educational agencies in each of the

following categories:

‘‘(A) Eligible local educational agencies in which the

number of students enrolled is less than 2,500.

‘‘(B) Such agencies in which such number is 2,500

or greater but less than 5,000.

‘‘(C) Such agencies in which such number is 5,000

or greater but less than 10,000.

‘‘(D) Such agencies in which such number is 10,000

or greater but less than 25,000.

‘‘(E) Such agencies in which such number is 25,000

or greater but less than 50,000.

‘‘(F) Such agencies in which such number is 50,000

or greater.

‘‘(c) MAXIMUM AWARD AMOUNTS.—The Secretary shall annually

set the maximum award amounts for each category described in

subsection (b)(1).

‘‘SEC. 12005. AWARD OF GRANTS.

‘‘(a) CRITERIA.—The Secretary shall award grants under this

title on the basis of—

‘‘(1) high numbers or percentages of the total number of

children aged 5 to 17, inclusive, residing in the geographic

area served by an eligible local educational agency who are

counted under subpart 2 of part A of title I;

‘‘(2) the extent to which the eligible local educational agency

lacks the fiscal capacity, including the ability to raise funds

through the full use of such agency’s bonding capacity and

otherwise, to undertake the project without Federal assistance;

‘‘(3) the threat of the condition of the physical plant poses

to the safety and well-being of students;

‘‘(4) the demonstrated need for the construction, reconstruction, or renovation based on the condition of the facility;

‘‘(5) the age of the facility to be renovated or replaced;

and
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‘‘(6) such other criteria as the Secretary may prescribe

by regulation.

‘‘(b) ALLOCATION AMONG CATEGORIES.—The Secretary shall allocate funds under this title among each of the categories described

in paragraph (1) on such basis as the Secretary determines is

appropriate, including—

‘‘(1) the relative numbers or percentages of students

counted under subpart 2 of part A of title I; and

‘‘(2) the relative costs of carrying out activities under this

title in eligible local educational agencies in each such category.

‘‘(c) FREQUENCY OF AWARDS.—No local educational agency may

receive more than one grant under this title in any five-year period.

‘‘(d) SPECIAL RULE.—The Secretary shall only award grants

under this title if the Secretary determines that sufficient funds

will be provided under this title or from other sources, such as

the issuance of bonds, or savings generated from performance

contracting, to carry out the activities for which assistance is sought.

‘‘SEC. 12006. APPLICATIONS.

‘‘(a) APPLICATIONS REQUIRED.—Each eligible local educational

agency desiring to receive a grant under this title shall submit

an application to the Secretary.

‘‘(b) APPLICATION CONTENTS.—Each application described in

subsection (a) shall contain—

‘‘(1) an assurance that the application was developed in

consultation with parents and classroom teachers;

‘‘(2) a description of each architectural, civil, structural,

mechanical, or electrical deficiency to be corrected with funds

provided under this title, including the priority for the repair

of the deficiency; ‘‘(3) a description of the criteria used by the applicant

to determine the type of corrective action necessary to meet

the purpose of this title;

‘‘(4) a description of the improvement to be supported with

funds provided under this title;

‘‘(5) a cost estimate of the proposed improvement;

‘‘(6) an identification of other resources, such as unused

bonding capacity, that are available to carry out the activities

for which funds are requested under this title;

‘‘(7) a description of how activities supported with funds

provided under this title will promote energy conservation;

and

‘‘(8) such other information and assurances as the Secretary

may reasonably require.

‘‘SEC. 12007. AUTHORIZED ACTIVITIES.

‘‘(a) IN GENERAL.—Each eligible local educational agency receiving a grant under this title shall use the grant funds only to

ensure the health and safety of students through the repair, renovation, alteration, and construction of a public elementary or secondary school library, media center, or facility, used for academic

or vocational instruction.

‘‘(b) PARTICULAR ACTIVITIES.—Subject to subsection (a), each

eligible local educational agency receiving a grant under this title

may use the grant funds to meet the requirements of section 504

of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990.
H. R. 6—356

‘‘SEC. 12008. GENERAL PROVISIONS.

‘‘(a) BUDGET AND ACCOUNTING.—In the performance of, and

with respect to, the functions, powers, and duties under this title,

the Secretary, notwithstanding the provisions of any other law,

shall—

‘‘(1) prepare annually and submit a budget program as

provided for wholly owned Government corporations by chapter

91 of title 31, United States Code; and

‘‘(2) maintain a set of accounts which shall be audited

by the Comptroller General in accordance with the provisions

of chapter 35 of title 31, United States Code, but such financial

transactions of the Secretary, as the making of loans and vouchers approved by the Secretary, in connection with such financial

transactions shall be final and conclusive upon all officers of

the Government.

‘‘(b) USE OF FUNDS.—Funds made available to the Secretary

pursuant to the provisions of this title shall be deposited in a

checking account or accounts with the Treasurer of the United

States. Receipts and assets obtained or held by the Secretary in

connection with the performance of functions under this title, and

all funds available for carrying out the functions of the Secretary

under this title (including appropriations therefor, which are hereby

authorized), shall be available, in such amounts as may from year

to year be authorized by the Congress, for the administrative

expenses of the Secretary in connection with the performance of

such functions.

‘‘(c) LEGAL POWERS.—In the performance of, and with respect

to, the functions, powers, and duties under this title, the Secretary,

notwithstanding the provisions of any other law, may—

‘‘(1) prescribe such rules and regulations as may be necessary to carry out the purposes of this title;

‘‘(2) sue and be sued;

‘‘(3) foreclose on any property or commence any action

to protect or enforce any right conferred upon the Secretary

by any law, contract, or other agreement, and bid for and

purchase at any foreclosure or any other sale any property

in connection with which the Secretary has made a loan pursuant to this part;

‘‘(4) in the event of any such acquisition, notwithstanding

any other provision of law relating to the acquisition, handling,

or disposal of real property by the United States, complete,

administer, remodel and convert, dispose of, lease, and otherwise deal with, such property, but any such acquisition of

real property shall not deprive any State or political subdivision

of such State civil or criminal jurisdiction in and over such

property or impair the civil rights under the State or local

laws of the inhabitants on such property;

‘‘(5) sell or exchange at public or private sale, or lease,

real or personal property, and sell or exchange any securities

or obligations, upon such terms as the Secretary may fix;

‘‘(6) obtain insurance against loss in connection with property and other assets held; and

‘‘(7) include in any contract or instrument made pursuant

to this title such other covenants, conditions, or provisions

as may be necessary to assure that the purposes of this title

will be achieved.
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‘‘(d) CONTRACTS FOR SUPPLIES OR SERVICES.—Section 3709 of

the Revised Statutes shall not apply to any contract for services

or supplies on account of any property acquired pursuant to this

subtitle if the amount of such contract does not exceed $1,000.

‘‘(e) APPLICABILITY OF GOVERNMENT CORPORATION CONTROL

ACT.—The provisions of section 9107(a) of title 31, United States

Code, which are applicable to corporations or agencies subject to

chapter 91 of such title, shall also be applicable to the activities

of the Secretary under this title.

‘‘SEC. 12009. FAIR WAGES.

‘‘All laborers and mechanics employed by contractors or sub- contractors in the performance of any contract and subcontract

for the repair, renovation, alteration, or construction, including

painting and decorating, of any building or work that is financed

in whole or in part by a grant under this title, shall be paid

wages not less than those determined by the Secretary of Labor

in accordance with the Act of March 3, 1931 (commonly known

as the Davis-Bacon Act); as amended (40 U.S.C. 276a–276a–5).

The Secretary of Labor shall have the authority and functions

set forth in reorganization plan of No. 14 of 1950 (15 FR 3176;

64 Stat. 1267) and section 2 of the Act of June 1, 1934 (commonly

known as the Copeland Anti-Kickback Act) as amended (40 U.S.C.

276c, 48 Stat. 948).

‘‘SEC. 12010. REQUIREMENTS.

‘‘(a) SPECIAL RULES.— ‘‘(1) MAINTENANCE OF EFFORT.—An eligible local edu- cational agency may receive a grant under this title for any

fiscal year only if the Secretary finds that either the combined

fiscal effort per student or the aggregate expenditures of that

agency and the State with respect to the provision of free

public education by such local educational agency for the

preceding fiscal year was not less than 90 percent of such

combined fiscal effort or aggregate expenditures for the fiscal

year for which the determination is made. ‘‘(2) SUPPLEMENT NOT SUPPLANT.—An eligible local edu- cational agency shall use funds received under this title only

to supplement the amount of funds that would, in the absence

of such Federal funds, be made available from non-Federal

sources for the repair, renovation, alteration, and construction

of school facilities used for educational purposes, and not to

supplant such funds.

‘‘(b) GENERAL LIMITATIONS.— ‘‘(1) REAL PROPERTY.—No part of any grant funds under this title shall be used for the acquisition of any interest in

real property. ‘‘(2) MAINTENANCE.—Nothing in this title shall be construed to authorize the payment of maintenance costs in connection

with any projects constructed in whole or in part with Federal

funds provided under this title.

‘‘(3) ENVIRONMENTAL SAFEGUARDS.—All projects carried out

with Federal funds provided under this title shall comply with

all relevant Federal, State, and local environmental laws and

regulations.

‘‘(4) ATHLETIC AND SIMILAR FACILITIES.—No funds received

under this title shall be used for stadiums or other facilities

that are primarily used for athletic contests or exhibitions
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or other events for which admission is charged to the general

public.

‘‘SEC. 12011. FEDERAL ASSESSMENT.

‘‘The Secretary shall reserve not more than 1 percent of funds

appropriated for each fiscal year under section 15013—

‘‘(1) to collect such data as the Secretary determines necessary at the school, local, and State levels;

‘‘(2) to conduct studies and evaluations, including national

studies and evaluations, in order to—

‘‘(A) monitor the progress of projects supported with

funds provided under this title; and

‘‘(B) evaluate the state of United States public

elementary and secondary school libraries, media centers,

and facilities; and

‘‘(3) to report to the Congress by July 1, 1997, regarding

the findings of the studies and evaluations described in paragraph (2).

‘‘SEC. 12012. DEFINITIONS.

‘‘For the purpose of this title—

‘‘(1) the term ‘construction’ means the alteration or renovation of a building, structure, or facility, including—

‘‘(A) the concurrent installation of equipment; and

‘‘(B) the complete or partial replacement of an existing

facility, but only if such replacement is less expensive

and more cost-effective than alteration, renovation, or

repair of the facility;

‘‘(2) the term ‘school’ means a public structure suitable

for use as a classroom, laboratory, library, media center, or

related facility, the primary purpose of which is the instruction

of public elementary and secondary school students; and

‘‘(3) the term ‘eligible local educational agency’ means a

local educational agency in which—

‘‘(A) not less than 15 percent of the children that

reside in the geographic area served by such agency are

eligible to be counted under subpart 2 of part A of title

I of this Act; or

‘‘(B) the United States owns Federal property described

in section 8015(5), that has an assessed value (determined

as of the time or times when acquired) aggregating 90

percent or more of the assessed value of all real property

in such agency (determined as of the time or times when

so acquired); and

‘‘(C) demonstrates in the application submitted under

section 12006 that such agency has urgent repair, renovation, alteration and construction needs for its public

elementary or secondary schools used for academic or vocational instruction.

‘‘SEC. 12013. AUTHORIZATION.

‘‘There are authorized to be appropriated to carry out this

title $200,000,000 for fiscal year 1995 and such sums as may

be necessary for each of the four succeeding fiscal years.
H. R. 6—359

‘‘TITLE XIII—SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE EDUCATION

‘‘SEC. 13001. FINDINGS.

‘‘The Congress finds that—

‘‘(1) high-quality technical assistance can enhance the

improvements in teaching and learning achieved through the

implementation of programs under this Act;

‘‘(2) comprehensive technical assistance and effective program dissemination are essential ingredients of the overall

strategy of the Improving America’s Schools Act of 1994 to

improve programs and provide all children opportunities to

meet challenging State content standards and challenging State

student performance standards;

‘‘(3) States, local educational agencies, tribes, and schools

serving students with special needs, such as students with

limited-English proficiency and students with disabilities, have

great need for comprehensive technical assistance in order to

use funds under this Act to provide such students with

opportunities to learn to challenging State content standards

and challenging State student performance standards;

‘‘(4) current technical assistance and dissemination efforts

are fragmented and categorical in nature, and thus fail to

address adequately the needs of States, local educational agencies and tribes for help in integrating into a coherent strategy

for improving teaching and learning the various programs

under this Act with State and local programs and other education reform efforts;

‘‘(5) too little creative use is made of technology as a means

of providing information and assistance in a cost-effective way;

‘‘(6) comprehensive technical assistance can help schools

and school systems focus on improving opportunities for all

children to meet challenging State content standards and challenging State student performance standards, as such schools

and systems implement programs under this Act;

‘‘(7) comprehensive technical assistance will provide coordinated assistance to help States, local educational agencies,

tribes, participating colleges and universities, and schools

integrate Federal, State, and local education programs in ways

that contribute to improving schools and entire school systems;

‘‘(8) technical assistance in support of programs under this

Act should be coordinated with the Department’s regional

offices, the regional educational laboratories, State Literacy

Resource Centers, vocational resource centers, and other technical assistance efforts supported by the Department; and ‘‘(9) technical assistance providers should prioritize assistance for local educational agencies and schools.

‘‘SEC. 13002. PURPOSE.

‘‘The purpose of this title is to create a national technical

assistance and dissemination system to make available to States,

local educational agencies, tribes, schools, and other recipients of

funds under this Act technical assistance in—
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‘‘(1) administering and implementing programs under this

Act;

‘‘(2) implementing school reform programs in a manner that improves teaching and learning for all students; ‘‘(3) coordinating such programs with other Federal, State, and local education plans and activities, so that all students,

particularly students at risk of educational failure, are provided

opportunities to meet challenging State content standards and

challenging State student performance standards; and ‘‘(4) adopting, adapting, and implementing promising and proven practices for improving teaching and learning.

‘‘PART A—COMPREHENSIVE REGIONAL

ASSISTANCE CENTERS

‘‘SEC. 13101. PROGRAM AUTHORIZED.

‘‘(a) COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.— ‘‘(1) IN GENERAL.—The Secretary is authorized to award

grants to, or enter into contracts or cooperative agreements

with, public or private nonprofit entities or consortia of such

entities in order to establish a networked system of 15 comprehensive regional assistance centers to provide comprehensive training and technical assistance, related to administration

and implementation of programs under this Act, to States,

local educational agencies, schools, tribes, community-based

organizations, and other recipients of funds under this Act. ‘‘(2) CONSIDERATION.—In establishing comprehensive regional assistance centers and allocating resources among the

centers, the Secretary shall consider— ‘‘(A) the geographic distribution of students assisted under title I;

‘‘(B) the geographic and linguistic distribution of stu- dents of limited-English proficiency; ‘‘(C) the geographic distribution of Indian students;

‘‘(D) the special needs of students living in urban and rural areas; and

‘‘(E) the special needs of States and outlying areas in geographic isolation.

‘‘(3) SPECIAL RULE.—The Secretary shall establish 1 com- prehensive regional assistance center under this section in

Hawaii.

‘‘(b) SERVICE TO INDIANS AND ALASKA NATIVES.—The Secretary shall ensure that each comprehensive regional assistance center

that serves a region with a significant population of Indian or

Alaska Native students shall—

‘‘(1) be awarded to a consortium which includes a tribally controlled community college or other Indian organization; and ‘‘(2) assist in the development and implementation of

instructional strategies, methods and materials which address

the specific cultural and other needs of Indian or Alaska Native

students.

‘‘(c) ACCOUNTABILITY.—To ensure the quality and effectiveness

of the networked system of comprehensive regional assistance centers supported under this part, the Secretary shall— ‘‘(1) develop, in consultation with the Assistant Secretary

for Elementary and Secondary Education, the Director of Bilingual Education and Minority Languages Affairs, and the Assist-
H. R. 6—361

ant Secretary for Educational Research and Improvement, a

set of performance indicators that assesses whether the work

of the centers assists in improving teaching and learning under

this Act for all children, particularly children at risk of educational failure;

‘‘(2) conduct surveys every two years of populations to

be served under this Act to determine if such populations

are satisfied with the access to and quality of such services;

‘‘(3) collect, as part of the Department’s reviews of programs

under this Act, information about the availability and quality

of services provided by the centers, and share that information

with the centers; and

‘‘(4) take whatever steps are reasonable and necessary to

ensure that each center performs its responsibilities in a satisfactory manner, which may include—

‘‘(A) termination of an award under this part (if the

Secretary concludes that performance has been unsatisfactory) and the selection of a new center; and

‘‘(B) whatever interim arrangements the Secretary

determines are necessary to ensure the satisfactory delivery

of services under this part to an affected region.

‘‘(d) DURATION.—Grants, contracts or cooperative agreements

under this section shall be awarded for a period of 5 years.

‘‘SEC. 13102. REQUIREMENTS OF COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.

‘‘(a) IN GENERAL.—Each comprehensive regional assistance center established under section 13101(a) shall—

‘‘(1) maintain appropriate staff expertise and provide support, training, and assistance to State educational agencies,

tribal divisions of education, local educational agencies, schools,

and other grant recipients under this Act, in—

‘‘(A) improving the quality of instruction, curricula,

assessments, and other aspects of school reform, supported

with funds under title I;

‘‘(B) implementing effective schoolwide programs under

section 1114;

‘‘(C) meeting the needs of children served under this

Act, including children in high-poverty areas, migratory

children, immigrant children, children with limited-English

proficiency, neglected or delinquent children, homeless children and youth, Indian children, children with disabilities,

and, where applicable, Alaska Native children and Native

Hawaiian children;

‘‘(D) implementing high-quality professional development activities for teachers, and where appropriate,

administrators, pupil services personnel and other staff;

‘‘(E) improving the quality of bilingual education,

including programs that emphasize English and native language proficiency and promote multicultural understanding;

‘‘(F) creating safe and drug-free environments, especially in areas experiencing high levels of drug use and

violence in the community and school;

‘‘(G) implementing educational applications of technology;
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‘‘(H) coordinating services and programs to meet the

needs of students so that students can fully participate

in the educational program of the school;

‘‘(I) expanding the involvement and participation of

parents in the education of their children;

‘‘(J) reforming schools, school systems, and the governance and management of schools;

‘‘(K) evaluating programs; and

‘‘(L) meeting the special needs of students living in

urban and rural areas and the special needs of local educational agencies serving urban and rural areas;

‘‘(2) ensure that technical assistance staff have sufficient

training, knowledge, and expertise in how to integrate and

coordinate programs under this Act with each other, as well

as with other Federal, State, and local programs and reforms;

‘‘(3) provide technical assistance using the highest quality

and most cost-effective strategies possible;

‘‘(4) coordinate services, work cooperatively, and regularly

share information with, the regional educational laboratories,

the Eisenhower regional consortia under part C, research and

development centers, State literacy centers authorized under

the National Literacy Act of 1991, and other entities engaged

in research, development, dissemination, and technical assistance activities which are supported by the Department as part

of a Federal technical assistance system, to provide a broad

range of support services to schools in the region while minimizing the duplication of such services;

‘‘(5) work collaboratively with the Department’s regional

offices;

‘‘(6) consult with representatives of State educational agencies, local educational agencies, and populations served under

this Act;

‘‘(7) provide services to States, local educational agencies,

tribes, and schools, in coordination with the National Diffusion

Network State Facilitators activities under section 13201, in

order to better implement the purposes of this part and provide

the support and assistance diffusion agents need to carry out

such agents’ mission effectively; and ‘‘(8) provide professional development services to State educational agencies, local educational agencies, and the National

Diffusion Network State Facilitators to increase the capacity

of such entities to provide high-quality technical assistance

in support of programs under this Act.

‘‘(b) PRIORITY.—Each comprehensive regional assistance center

assisted under this part shall give priority to servicing—

‘‘(1) schoolwide programs under section 1114; and

‘‘(2) local educational agencies and Bureau-funded schools

with the highest percentages or numbers of children in poverty.

‘‘SEC. 13103. MAINTENANCE OF SERVICE AND APPLICATION REQUIREMENTS.

‘‘(a) MAINTENANCE OF SERVICE.—The Secretary shall ensure

that the comprehensive regional assistance centers funded under

this part provide technical assistance services that address the

needs of educationally disadvantaged students, including students

in urban and rural areas, and bilingual, migrant, immigrant, and

Indian students, that are at least comparable to the level of such
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technical assistance services provided under programs administered

by the Secretary on the day preceding the date of enactment of

the Improving America’s Schools Act of 1994.

‘‘(b) APPLICATION REQUIREMENTS.—Each entity or consortium

desiring assistance under this part shall submit an application

to the Secretary at such time, in such manner and accompanied

by such information, as the Secretary may require. Each such

application shall—

‘‘(1) demonstrate how the comprehensive regional assistance center will provide expertise and services in the areas

described in section 13102;

‘‘(2) demonstrate how such centers will work with the

National Diffusion Network under section 13201 to conduct

outreach to local educational agencies receiving priority under

section 13401;

‘‘(3) demonstrate support from States, local educational

agencies and tribes in the area to be served;

‘‘(4) demonstrate how such centers will ensure a fair distribution of services to urban and rural areas; and

‘‘(5) provide such other information as the Secretary may

require.

‘‘SEC. 13104. TRANSITION.

‘‘(a) IN GENERAL.—The Secretary shall use funds appropriated

to carry out this part for fiscal years 1995 and 1996 in order

to ensure an orderly transition and phase in of the comprehensive

regional assistance centers assisted under this part.

‘‘(b) EXTENSION OF PREVIOUS CENTERS.—

‘‘(1) IN GENERAL.—The Secretary shall, notwithstanding

any other provision of law, use funds appropriated under section

13105 to extend or continue contracts and grants for existing

categorical technical assistance centers assisted under this Act

(as such Act was in effect on the day preceding the date

of enactment of the Improving America’s Schools Act of 1994)

through fiscal year 1996, and take other necessary steps to

ensure a smooth transition of services provided under this

part and that such services will not be interrupted, curtailed,

or substantially diminished.

‘‘(2) STAFF EXPERTISE.—In planning for the competition

for the new comprehensive regional assistance centers under

this part, the Secretary may draw on the expertise of staff

from existing categorical assistance centers assisted under this

Act prior to the date of enactment of the Improving America’s

Schools Act of 1994.

‘‘SEC. 13105. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this part, there are authorized

to be appropriated $70,000,000 for fiscal year 1995 and such sums

as may be necessary for each of the four succeeding fiscal years.

‘‘PART B—NATIONAL DIFFUSION NETWORK

‘‘SEC. 13201. PROGRAM AUTHORIZED.

‘‘(a) AUTHORITY.—

‘‘(1) IN GENERAL.—In order to implement the purposes of

this title, the Secretary is authorized to establish the National

Diffusion Network (hereafter referred to in this Act as ‘NDN’)
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to carry out a State-based outreach, consultation, training,

and dissemination program.

‘‘(2) PROGRAM REQUIREMENTS.—In carrying out the program

under this part, the Secretary shall award grants and contracts

to National Diffusion Network State Facilitators in each State

and outlying area, and to the Bureau of Indian Affairs, in

order to assist State and local educational agencies, schools,

and other appropriate educational entities—

‘‘(A) to identify and secure appropriate, high-quality

technical assistance from the comprehensive regional

assistance centers under part A and other sources; and

‘‘(B) to identify and implement exemplary or promising

educational programs and practices.

‘‘(b) ELIGIBLE ENTITIES.—The Secretary shall award grants and

contracts under this section to public or private nonprofit organizations or institutions with demonstrated expertise in the areas of

applied education research and program dissemination.

‘‘(c) ADMINISTRATION.—The program under this part shall be

administered through the Office of Reform Assistance and Dissemination established under section 941(b) of the Educational Research,

Development, Dissemination, and Improvement Act of 1994.

‘‘(d) COORDINATION.—The National Diffusion Network State

Facilitators shall work in close cooperation, and coordinate their

activities, with the comprehensive regional assistance centers established under part A.

‘‘(e) STATE FACILITATOR ACTIVITIES.—The National Diffusion

Network State Facilitators shall provide professional development

and technical assistance services to assist State educational agencies, local educational agencies, tribal divisions of education, schools,

family and adult literacy programs, and other entities assisted

under this Act, in—

‘‘(1) defining such entities’ technical assistance needs and

aligning such needs with school reform under title I, professional development, and technology plans; ‘‘(2) securing the technical assistance and professional

development services that can best fulfill such needs by utilizing

the services of the comprehensive regional assistance centers,

the regional education laboratories, the Eisenhower regional

consortia, State Literacy Resource Centers authorized under

the National Literacy Act of 1991 and other technical assistance

providers, including local providers of professional development

services;

‘‘(3) identifying educational technology needs and securing

the necessary technical assistance to address such needs in

coordination with the Eisenhower regional consortia under part

C and the regional technical assistance and professional development consortia under subpart 3 of title III; and

‘‘(4) utilizing technology, including regional and national

electronic networks, to increase such entities’ access to technical

assistance, professional development services, and dissemination of effective programs and promising practices.

‘‘(f) ADDITIONAL DUTIES.—In addition, National Diffusion

Network State Facilitators shall—

‘‘(1) disseminate information about school reform and effective and promising practices, and help local educational

agencies and schools adapt such reform and practices to such

agencies’ needs;
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‘‘(2) identify educational programs and practices for possible

dissemination throughout the State and Nation;

‘‘(3) promote and facilitate teacher networks throughout

the State;

‘‘(4) develop and implement an aggressive outreach plan

for reaching the local educational agencies and schools receiving

priority under section 13401; and

‘‘(5) provide such other outreach, coordination, and dissemination services as may be necessary to achieve the purposes

of this title.

‘‘(g) NATIONAL DIFFUSION NETWORK EFFECTIVE PROGRAMS AND

PROMISING PRACTICES SYSTEM.—

‘‘(1) IN GENERAL.—The Secretary shall develop a system

of validating effective programs and promising practices for

dissemination through the National Diffusion Network. Such

system may include exemplary programs funded through any

office of the Department, the National Science Foundation,

or other Federal agencies and shall be coordinated, aligned

with, and administered by, the Office of Reform Assistance

and Dissemination established under section 941(b) of the

Educational Research, Development, Dissemination, and

Improvement Act of 1994.

‘‘(2) PRIORITY.—The Secretary shall give priority to identifying, validating, and disseminating effective schoolwide projects,

programs addressing the needs of high poverty schools, and

programs with the capacity to offer high-quality, sustained

technical assistance. The Office of Educational Research and

Improvement Office of Reform Assistance and Dissemination

shall also administer a grant program for the purpose of

dissemination and the provision of technical assistance regarding such system. ‘‘(3) PRIORITY OF SERVICES.—The National Diffusion Network State Facilitators shall give priority in providing the

services described in this section to—

‘‘(A) schoolwide program under section 1114; and

‘‘(B) local educational agencies and Bureau-funded

schools with the highest percentages or numbers of children

in poverty.

‘‘SEC. 13202. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this part, there are authorized

to be appropriated $25,000,000 for fiscal year 1995 and such sums

as may be necessary for each of the four succeeding fiscal years.

‘‘PART C—EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION CONSORTIA

‘‘SEC. 13301. PROGRAM ESTABLISHED.

‘‘(a) IN GENERAL.— ‘‘(1) GRANTS AUTHORIZED.—The Secretary, in consultation

with the Director of the National Science Foundation, is authorized to award grants or contracts to eligible entities to enable

such entities to establish and operate regional mathematics

and science education consortia for the purpose of—
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‘‘(A) disseminating exemplary mathematics and science

education instructional materials; and

‘‘(B) providing technical assistance for the implementation of teaching methods and assessment tools for use

by elementary and secondary school students, teachers and

administrators.

‘‘(2) NUMBER.—The Secretary, in accordance with the provisions of this section, shall award at least one grant or contract

to an eligible entity in each region.

‘‘(3) SPECIAL RULE.—In any fiscal year, if the amount made

available pursuant to section 13308 is less than $4,500,000,

then the Secretary may waive the provisions of paragraph

(2) and award grants or contracts of sufficient size, scope,

and quality to carry out this section.

‘‘(4) DESIGNATION.—Each regional consortium assisted

under this section shall be known as an ‘Eisenhower regional

consortium’.

‘‘(b) GRANT TERM AND REVIEW.—Grants or contracts under

this part shall be awarded for a period of not more than five

years and shall be reviewed before the end of the 30-month period

beginning on the date the grant or contract is awarded. Grants

or contracts under this part shall be awarded before the end of

the 12-month period beginning on the date of the enactment of

an Act making appropriations to carry out this part.

‘‘(c) AMOUNT.—In awarding grants or contracts under this part,

the Secretary shall ensure that there is a relatively equal distribution of the funds made available among the regions, except that

the Secretary may award additional funds to a regional consortium

on the basis of population and geographical conditions of the region

being served.

‘‘SEC. 13302. USE OF FUNDS.

‘‘Funds provided under this part may be used by a regional

consortium, under the direction of a regional board established

under section 13304, to—

‘‘(1) work cooperatively with the other regional consortia,

the Eisenhower National Clearinghouse for Science and Mathematics Education established under section 2102(b) and federally funded technical assistance providers to more effectively

accomplish the activities described in this section;

‘‘(2) assist, train and provide technical assistance to classroom teachers, administrators, and other educators to identify,

implement, assess or adapt the instructional materials, teaching methods and assessment tools described in section

13301(a)(1);

‘‘(3) provide for the training of classroom teachers to enable

such teachers to instruct other teachers, administrators, and

educators in the use of the instructional materials, teaching

methods and assessment tools described in section 13301(a)(1)

in the classroom;

‘‘(4) when necessary, provide financial assistance to enable

teachers and other educators to attend and participate in the

activities of the regional consortium;

‘‘(5) implement programs and activities designed to meet

the needs of groups that are underrepresented in, and underserved by, mathematics and science education;
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‘‘(6) assist State and local educational agencies in identifying science equipment needs and help such agencies or consortia

thereof assess the need for and desirability of regional mathematics and science academies;

‘‘(7) develop and disseminate early childhood education

mathematics and science instructional materials;

‘‘(8) disseminate information regarding informal mathematics and science education activities and programs offered

by Federal agencies and private or public agencies and institutions within the region;

‘‘(9) collect data on activities assisted under this part in

order to evaluate the effectiveness of the activities of the

regional consortia;

‘‘(10) identify exemplary teaching practices and materials

from within the region and communicate such practices and

materials to the Eisenhower National Clearinghouse for Mathematics and Science Education;

‘‘(11) communicate, on a regular basis, with entities within

the region who are delivering services to students and teachers

of mathematics and science;

‘‘(12) assist in the development and evaluation of State

and regional plans and activities that hold promise of bringing

about systemic reform in student performance in mathematics

and science; and

‘‘(13) increase the use of informal education entities (such

as science technology centers, museums, libraries, Saturday

academies, and 4H programs) for educational purposes to

expand student knowledge and understanding.

‘‘SEC. 13303. APPLICATION AND REVIEW.

‘‘(a) IN GENERAL.—Each eligible entity desiring a grant or contract under this part shall submit an application to the Secretary

at such time, in such manner, and accompanied by such additional

information as the Secretary may reasonably require. Each such

application shall—

‘‘(1) demonstrate that the eligible entity has demonstrated

expertise in the fields of mathematics and science education;

‘‘(2) demonstrate that the eligible entity shall implement

and disseminate mathematics and science education instructional materials, teaching methods, and assessment tools

through a consortium of the region’s mathematics and science

education organizations and agencies; ‘‘(3) demonstrate that the eligible entity shall carry out

the functions of the regional consortium; ‘‘(4) demonstrate that emphasis will be given to programs

and activities designed to meet the needs of groups that are

underrepresented in, and underserved by, mathematics and

science education;

‘‘(5) demonstrate that the business community in the region

served by the regional consortium will play an integral role

in designing and supporting the regional consortium’s work;

‘‘(6) demonstrate that the eligible entity will consider the

resources of telecommunications partnerships assisted under

the Star Schools Program Assistance Act (as such Act was

in effect on the day preceding the date of enactment of the

Improving America’s Schools Act of 1994) in carrying out the

provisions of this part, where appropriate; and
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‘‘(7) assure that the entity will conduct its activities and

supervise its personnel in a manner that effectively ensures

compliance with the copyright laws of the United States under

title 17, United States Code.

‘‘(b) APPROVAL OF APPLICATION.—

‘‘(1) IN GENERAL.—The Secretary shall approve or disapprove applications submitted pursuant to subsection (a) in

accordance with the criteria and procedures established under

paragraph (2).

‘‘(2) PROCEDURES AND CRITERIA.—The Secretary shall

develop procedures and criteria designed to ensure that grants

or contracts are competitively awarded on the basis of merit

determined under a peer review process.

‘‘(3) NATIONAL PANEL.—(A) The Secretary, in consultation

with the Director, shall establish a national panel, or to the

extent necessary, panels, to submit to the Secretary recommendations for awards of grants or contracts under this

part. The Secretary shall appoint the members of such panel

or panels.

‘‘(B) Each panel appointed under subparagraph (A) shall

include participation, to the extent feasible, from each region.

‘‘SEC. 13304. REGIONAL BOARDS.

‘‘(a) IN GENERAL.—Each eligible entity receiving a grant or

contract under this part shall establish a regional board to oversee

the administration and establishment of program priorities for the

regional consortium established by such eligible entity. Such

regional board shall be broadly representative of the agencies and

organizations participating in the regional consortium. ‘‘(b) PROHIBITION ON USE OF FEDERAL FUNDS.—No Federal

funds may be used for the establishment or operation of a regional

board required by subsection (a), except that at the discretion

of a regional board, Federal funds may be used to provide assistance

such as travel and accommodations for board members who could

not otherwise afford to participate as members of the board.

‘‘SEC. 13305. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.

‘‘(a) PAYMENTS.—The Secretary shall pay to each eligible entity

having an application approved under section 13303 the Federal

share of the cost of the activities described in the application.

‘‘(b) FEDERAL SHARE.—For the purpose of subsection (a), the

Federal share shall be 80 percent.

‘‘(c) NON-FEDERAL SHARE.—The non-Federal share of the cost

of activities described in the application submitted under section

13303 may be in cash or in kind, fairly evaluated. At least 10

percent of such non-Federal share shall be from sources other

than the Federal Government, or State or local government.

‘‘SEC. 13306. EVALUATION.

‘‘(a) EVALUATION REQUIRED.—The Secretary, through the Office

of Educational Research and Improvement and in accordance with

section 14701, shall collect sufficient data on, and evaluate the

effectiveness of, the activities of each regional consortium.

‘‘(b) ASSESSMENT.—The evaluations described in paragraph (1)

shall include an assessment of the effectiveness of the regional

consortium in meeting the needs of the schools, teachers, administrators and students in the region.
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‘‘(c) REPORT.—At the end of each grant or contract period,

the Secretary shall submit to the Congress a report on the effectiveness of the programs conducted at each regional consortium.

‘‘SEC. 13307. DEFINITIONS.

‘‘For purposes of this part:

‘‘(1) The term ‘eligible entity’ means—

‘‘(A) a private nonprofit organization of demonstrated

effectiveness;

‘‘(B) an institution of higher education;

‘‘(C) an elementary or secondary school;

‘‘(D) a State or local educational agency;

‘‘(E) a regional educational laboratory in consortium

with the research and development center established

under section 931(c)(1)(B)(i) of the Educational Research,

Development, Dissemination, and Improvement Act of

1994; or

‘‘(F) any combination of the entities described in subparagraphs (A) through (E),

with demonstrated expertise in mathematics and science education.

‘‘(2) The terms ‘mathematics’ and ‘science’ include the technology education associated with mathematics and science,

respectively.

‘‘(3) The term ‘region’ means a region of the United States

served by a regional education laboratory that is supported

by the Secretary pursuant to section 405(d)(4)(A)(i) of the General Education Provisions Act (as such section was in existence

on the day preceding the date of enactment of the Goals 2000:

Educate America Act).

‘‘(4) The term ‘regional consortium’ means each regional

mathematics and science education consortium established

pursuant to section 13301.

‘‘(5) The term ‘State agency for higher education’ means

the State board of higher education or other agency or officer

primarily responsible for the State supervision of higher education, or, if there is no such officer or agency, an officer

or agency designated for the purpose of carrying out this part

by the Governor or by State law.

‘‘SEC. 13308. AUTHORIZATION OF APPROPRIATIONS.

‘‘There are authorized to be appropriated $23,000,000 for fiscal

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

4 succeeding fiscal years, to carry out this part.

‘‘PART D—TECHNOLOGY-BASED TECHNICAL

ASSISTANCE

‘‘SEC. 13401. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.

‘‘The Secretary is authorized to provide a technology-based

technical assistance service that will—

‘‘(1) support the administration and implementation of programs under this Act by providing information, including legal

and regulatory information, and technical guidance and

information, about best practices; and
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‘‘(2) be accessible to all States, local educational agencies,

schools, community-based organizations and others who are

recipients of funds under this Act.

‘‘TITLE XIV—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS

‘‘SEC. 14101. DEFINITIONS.

‘‘Except as otherwise provided, for the purposes of this Act,

the following terms have the following meanings:

‘‘(1) AVERAGE DAILY ATTENDANCE.—(A) Except as provided

otherwise by State law or this paragraph, the term ‘average

daily attendance’ means—

‘‘(i) the aggregate number of days of attendance of

all students during a school year; divided by

‘‘(ii) the number of days school is in session during

such school year.

‘‘(B) The Secretary shall permit the conversion of average

daily membership (or other similar data) to average daily

attendance for local educational agencies in States that provide

State aid to local educational agencies on the basis of average

daily membership or such other data.

‘‘(C) If the local educational agency in which a child resides

makes a tuition or other payment for the free public education

of the child in a school located in another school district, the

Secretary shall, for purposes of this Act— ‘‘(i) consider the child to be in attendance at a school

of the agency making such payment; and ‘‘(ii) not consider the child to be in attendance at a

school of the agency receiving such payment.

‘‘(D) If a local educational agency makes a tuition payment

to a private school or to a public school of another local educational agency for a child with disabilities, as defined in section

602(a)(1) of the Individuals with Disabilities Education Act,

the Secretary shall, for the purposes of this Act, consider such

child to be in attendance at a school of the agency making

such payment. ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The term ‘average

per-pupil expenditure’ means, in the case of a State or of

the United States—

‘‘(A) without regard to the source of funds—

‘‘(i) the aggregate current expenditures, during the

third fiscal year preceding the fiscal year for which

the determination is made (or, if satisfactory data for

that year are not available, during the most recent

preceding fiscal year for which satisfactory data are

available) of all local educational agencies in the State

or, in the case of the United States for all States

(which, for the purpose of this paragraph, means the

50 States and the District of Columbia); plus

‘‘(ii) any direct current expenditures by the State

for the operation of such agencies; divided by

‘‘(B) the aggregate number of children in average daily

attendance to whom such agencies provided free public

education during such preceding year.
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‘‘(3) CHILD.—The term ‘child’ means any person within

the age limits for which the State provides free public education.

‘‘(4) COMMUNITY-BASED ORGANIZATION.—The term ‘community-based organization’ means a public or private nonprofit

organization of demonstrated effectiveness that—

‘‘(A) is representative of a community or significant

segments of a community; and

‘‘(B) provides educational or related services to individuals in the community.

‘‘(5) CONSOLIDATED LOCAL APPLICATION.—The term ‘consolidated local application’ means an application submitted by

a local educational agency pursuant to section 14302.

‘‘(6) CONSOLIDATED LOCAL PLAN.—The term ‘consolidated

local plan’ means a plan submitted by a local educational agency

pursuant to section 14302.

‘‘(7) CONSOLIDATED STATE APPLICATION.—The term ‘consolidated State application’ means an application submitted by

a State educational agency pursuant to section 14302.

‘‘(8) CONSOLIDATED STATE PLAN.—The term ‘consolidated

State plan’ means a plan submitted by a State educational

agency pursuant to section 14302.

‘‘(9) COUNTY.—The term ‘county’ means one of the divisions

of a State used by the Secretary of Commerce in compiling

and reporting data regarding counties.

‘‘(10) COVERED PROGRAM.—The term ‘covered program’

means each of the programs authorized by—

‘‘(A) part A of title I;

‘‘(B) part C of title I;

‘‘(C) title II (other than section 2103 and part C);

‘‘(D) subpart 2 of part A of title III;

‘‘(E) part A of title IV (other than section 4114); and

‘‘(F) title VI.

‘‘(11) The term ‘current expenditures’ means expenditures

for free public education—

‘‘(A) including expenditures for administration, instruction, attendance and health services, pupil transportation

services, operation and maintenance of plant, fixed charges,

and net expenditures to cover deficits for food services

and student body activities; but ‘‘(B) not including expenditures for community services,

capital outlay, and debt service, or any expenditures made

from funds received under title I and title VI.

‘‘(12) DEPARTMENT.—The term ‘Department’ means the

Department of Education.

‘‘(13) EDUCATIONAL SERVICE AGENCY.—The term ‘educational service agency’ means a regional public multiservice

agency authorized by State statute to develop, manage, and

provide services or programs to local educational agencies.

‘‘(14) ELEMENTARY SCHOOL.—The term ‘elementary school’

means a nonprofit institutional day or residential school that

provides elementary education, as determined under State law.

‘‘(15) FREE PUBLIC EDUCATION.—The term ‘free public education’ means education that is provided—

‘‘(A) at public expense, under public supervision and

direction, and without tuition charge; and

‘‘(B) as elementary or secondary school education as

determined under applicable State law, except that such
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term does not include any education provided beyond grade

12.

‘‘(16) GIFTED AND TALENTED.—The term ‘gifted and talented’, when used with respect to students, children or youth,

means students, children or youth who give evidence of high

performance capability in areas such as intellectual, creative,

artistic, or leadership capacity, or in specific academic fields,

and who require services or activities not ordinarily provided

by the school in order to fully develop such capabilities.

‘‘(17) INSTITUTION OF HIGHER EDUCATION.—The term

‘institution of higher education’ has the meaning given that

term in section 1201(a) of the Higher Education Act of 1965.

‘‘(18) LOCAL EDUCATIONAL AGENCY.—(A) The term ‘local

educational agency’ means a public board of education or other

public authority legally constituted within a State for either

administrative control or direction of, or to perform a service

function for, public elementary or secondary schools in a city,

county, township, school district, or other political subdivision

of a State, or for such combination of school districts or counties

as are recognized in a State as an administrative agency for

its public elementary or secondary schools.

‘‘(B) The term includes any other public institution or

agency having administrative control and direction of a public

elementary or secondary school.

‘‘(C) The term includes an elementary or secondary school

funded by the Bureau of Indian Affairs but only to the extent

that such inclusion makes such school eligible for programs

for which specific eligibility is not provided to such school

in another provision of law and such school does not have

a student population that is smaller than the student population of the local educational agency receiving assistance under

this Act with the smallest student population, except that such

school shall not be subject to the jurisdiction of any State

educational agency other than the Bureau of Indian Affairs.

‘‘(19) MENTORING.—The term ‘mentoring’ means a program

in which an adult works with a child or youth on a

1-to-1 basis, establishing a supportive relationship, providing

academic assistance, and introducing the child or youth to

new experiences that enhance the child or youth’s ability to

excel in school and become a responsible citizen.

‘‘(20) OTHER STAFF.—The term ‘other staff’ means pupil

services personnel, librarians, career guidance and counseling

personnel, education aides, and other instructional and

administrative personnel.

‘‘(21) OUTLYING AREA.—The term ‘outlying area’ means the

Virgin Islands, Guam, American Samoa, the Commonwealth

of the Northern Mariana Islands, and for the purpose of section

1121 and any other discretionary grant program under this

Act, the Republic of the Marshall Islands, the Federated States

of Micronesia, and the Republic of Palau.

‘‘(22) PARENT.—The term ‘parent’ includes a legal guardian

or other person standing in loco parentis.

‘‘(23) PUBLIC TELECOMMUNICATION ENTITY.—The term ‘public telecommunication entity’ has the same meaning given to

such term in section 397(12) of the Communications Act of

1934.
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‘‘(24) PUPIL SERVICES PERSONNEL; PUPIL SERVICES.—(A) The

term ‘pupil services personnel’ means school counselors, school

social workers, school psychologists, and other qualified professional personnel involved in providing assessment, diagnosis,

counseling, educational, therapeutic, and other necessary services (including related services as such term is defined in section

602(a)(17) of the Individuals with Disabilities Education Act)

as part of a comprehensive program to meet student needs.

‘‘(B) The term ‘pupil services’ means the services provided

by pupil services personnel.

‘‘(25) SECONDARY SCHOOL.—The term ‘secondary school’

means a nonprofit institutional day or residential school that

provides secondary education, as determined under State law,

except that such term does not include any education beyond

grade 12.

‘‘(26) SECRETARY.—The term ‘Secretary’ means the Secretary of Education.

‘‘(27) STATE.—The term ‘State’ means each of the 50 States,

the District of Columbia, the Commonwealth of Puerto Rico,

and each of the outlying areas.

‘‘(28) STATE EDUCATIONAL AGENCY.—The term ‘State educational agency’ means the agency primarily responsible for

the State supervision of public elementary and secondary

schools.

‘‘(29) TECHNOLOGY.—The term ‘technology’ means the latest

state-of-the-art technology products and services, such as closed

circuit television systems, educational television or radio programs and services, cable television, satellite, copper fiber optic

transmission, computer hardware and software, video and audio

laser and CD–ROM disks, video and audio tapes, including

interactive forms of such products and services, or other technologies.

‘‘SEC. 14102. APPLICABILITY OF THIS TITLE.

‘‘Parts B, C, D, E, and F of this title do not apply to title

VIII of this Act.

‘‘SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED SCHOOLS.

‘‘For purposes of any competitive program under this Act, a

consortia of schools operated by the Bureau of Indian Affairs, a

school operated under a contract or grant with the Bureau of

Indian Affairs in consortia with another contract or grant school

or tribal or community organization, or a Bureau of Indian Affairs

school in consortia with an institution of higher education, a contract or grant school and tribal or community organization shall

be given the same consideration as a local educational agency.

‘‘PART B—FLEXIBILITY IN THE USE OF

ADMINISTRATIVE AND OTHER FUNDS

‘‘SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR

ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—

‘‘(1) IN GENERAL.—A State educational agency may consolidate the amounts specifically made available to such agency

for State administration under one or more of the programs
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specified under paragraph (2) if such State educational agency

can demonstrate that the majority of such agency’s resources

come from non-Federal sources.

‘‘(2) APPLICABILITY.—This section applies to programs

under title I, those covered programs described in subparagraphs (C), (D), (E), and (F) of section 14101(10), and administrative funds under section 308(c) of the Goals 2000: Educate

America Act.

‘‘(b) USE OF FUNDS.—

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

the amount available under this section for the administration

of the programs included in the consolidation under subsection

(a).

‘‘(2) ADDITIONAL USES.—A State educational agency may

also use funds available under this section for administrative

activities designed to enhance the effective and coordinated

use of funds under the programs included in the consolidation

under subsection (a), such as—

‘‘(A) the coordination of such programs with other Federal and non-Federal programs;

‘‘(B) the establishment and operation of peer-review

mechanisms under this Act;

‘‘(C) the administration of this title;

‘‘(D) the dissemination of information regarding model

programs and practices; and

‘‘(E) technical assistance under programs specified in

subsection (a)(2).

‘‘(c) RECORDS.—A State educational agency that consolidates

administrative funds under this section shall not be required to

keep separate records, by individual program, to account for costs

relating to the administration of programs included in the consolidation under subsection (a).

‘‘(d) REVIEW.—To determine the effectiveness of State administration under this section, the Secretary may periodically review

the performance of State educational agencies in using consolidated

administrative funds under this section and take such steps as

the Secretary finds appropriate to ensure the effectiveness of such

administration.

‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State educational

agency does not use all of the funds available to such agency

under this section for administration, such agency may use such

funds during the applicable period of availability as funds available

under one or more programs included in the consolidation under

subsection (a).

‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND ASSESSMENT

DEVELOPMENT.—In order to develop challenging State standards

and assessments, a State educational agency may consolidate the

amounts made available to such agency for such purposes under

title I of this Act and title III of the Goals 2000: Educate America

Act.

‘‘SEC. 14202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

‘‘A State educational agency that also serves as a local educational agency, in such agency’s applications or plans under this

Act, shall describe how such agency will eliminate duplication in

the conduct of administrative functions.
H. R. 6—375

‘‘SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

‘‘(a) GENERAL AUTHORITY.—In accordance with regulations of

the Secretary, a local educational agency, with the approval of

its State educational agency, may consolidate and use for the

administration of one or more covered programs for any fiscal

year not more than the percentage, established in each covered

program, of the total amount available to the local educational

agency under such covered programs.

‘‘(b) STATE PROCEDURES.—Within one year from the date of

enactment of the Improving America’s Schools Act of 1994, a State

educational agency shall, in collaboration with local educational

agencies in the State, establish procedures for responding to

requests from local educational agencies to consolidate administrative funds under subsection (a) and for establishing limitations

on the amount of funds under covered programs that may be

used for administration on a consolidated basis.

‘‘(c) CONDITIONS.—A local educational agency that consolidates

administrative funds under this section for any fiscal year shall

not use any other funds under the programs included in the consolidation for administration for that fiscal year.

‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local educational

agency that consolidates administrative funds under this section

may use such consolidated funds for the administration of covered

programs and for the uses described in section 14201(b)(2).

‘‘(e) RECORDS.—A local educational agency that consolidates

administrative funds under this section shall not be required to

keep separate records, by individual covered program, to account

for costs relating to the administration of covered programs included

in the consolidation.

‘‘SEC. 14204. ADMINISTRATIVE FUNDS STUDIES.

‘‘(a) FEDERAL FUNDS STUDY.—

‘‘(1) IN GENERAL.—The Secretary shall conduct a study

of the use of funds under this Act for the administration,

by State and local educational agencies, of all covered programs,

including the percentage of grant funds used for such purpose

in all covered programs.

‘‘(2) STATE DATA.—Beginning in fiscal year 1995 and each

succeeding fiscal year thereafter, each State educational agency

which receives funds under title I shall submit to the Secretary

a report on the use of title I funds for the State administration

of activities assisted under title I. Such report shall include

the proportion of State administrative funds provided under

section 1603 that are expended for—

‘‘(A) basic program operation and compliance monitoring;

‘‘(B) statewide program services such as development

of standards and assessments, curriculum development,

and program evaluation; and

‘‘(C) technical assistance and other direct support to

local educational agencies and schools.

‘‘(3) FEDERAL FUNDS REPORT.—The Secretary shall complete

the study conducted under this section not later than July

1, 1997, and shall submit to the President and the appropriate

committees of the Congress a report regarding such study

within 30 days of the completion of such study.
H. R. 6—376

‘‘(4) RESULTS.—Based on the results of the study described

in subsection (a)(1), which may include collection and analysis

of the data under paragraph (2) and section 410(b) of the

Improving America’s Schools Act of 1994, the Secretary shall—

‘‘(A) develop a definition of what types of activities

constitute the administration of programs under this Act

by State and local educational agencies; and

‘‘(B) within one year of the completion of such study,

promulgate final regulations or guidelines regarding the

use of funds for administration under all programs, including the use of such funds on a consolidated basis and

limitations on the amount of such funds that may be used

for administration where such limitation is not otherwise

specified in law.

‘‘(b) GENERAL ADMINISTRATIVE FUNDS STUDY AND REPORT.—

Upon the date of completion of the pilot model data system described

in section 410(b) of the Improving America’s Schools Act of 1994,

the Secretary shall study the information obtained through the

use of such data system and other relevant information, as well

as any other data systems which are in use on such date that

account for administrative expenses at the school, local educational

agency, and State educational agency level, and shall report to

the Congress not later than July 1, 1997, regarding—

‘‘(1) the potential for the reduction of administrative

expenses at the school, local educational agency, and State

educational agency levels;

‘‘(2) the potential usefulness of such data system to reduce

such administrative expenses;

‘‘(3) any other methods which may be employed by schools,

local educational agencies or State educational agencies to

reduce administrative expenses and maximize the use of funds

for functions directly affecting student learning; and

‘‘(4) if appropriate, steps which may be taken to assist

schools, local educational agencies and State educational agencies to account for and reduce administrative expenses.

‘‘SEC. 14205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE

INTERIOR FUNDS.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) TRANSFER.—The Secretary shall transfer to the Department of the Interior, as a consolidated amount for covered

programs, the Indian education programs under part A of title

IX of this Act, and the education for homeless children and

youth program under subtitle B of title VII of the Stewart

B. McKinney Homeless Assistance Act, the amounts allotted

to the Department of the Interior under those programs.

‘‘(2) AGREEMENT.—(A) The Secretary and the Secretary of

the Interior shall enter into an agreement, consistent with

the requirements of the programs specified in paragraph (1),

for the distribution and use of those program funds under

terms that the Secretary determines best meet the purposes

of those programs.

‘‘(B) The agreement shall—

‘‘(i) set forth the plans of the Secretary of the Interior

for the use of the amount transferred, the steps to be

taken to achieve the National Education Goals, and
H. R. 6—377

performance measures to assess program effectiveness,

including measurable goals and objectives; and ‘‘(ii) be developed in consultation with Indian tribes. ‘‘(b) ADMINISTRATION.—The Department of the Interior may use not more than 1.5 percent of the funds consolidated under

this section for such department’s costs related to the administration of the funds transferred under this section.

‘‘SEC. 14206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

‘‘(a) UNNEEDED PROGRAM FUNDS.—With the approval of its

State educational agency, a local educational agency that determines for any fiscal year that funds under a covered program

(other than part A of title I) are not needed for the purpose of

that covered program, may use such funds, not to exceed five

percent of the total amount of such local educational agency’s funds

under that covered program, for the purpose of another covered

program. ‘‘(b) COORDINATION OF SERVICES.—A local educational agency, individual school, or consortium of schools may use a total of not

more than five percent of the funds such agency, school, or consortium, respectively, receives under this Act for the establishment

and implementation of a coordinated services project in accordance

with the requirements of title XI of this Act.

‘‘PART C—COORDINATION OF PROGRAMS;

CONSOLIDATED STATE AND LOCAL PLANS

AND APPLICATIONS

‘‘SEC. 14301. PURPOSE.

‘‘It is the purpose of this part to improve teaching and learning by encouraging greater cross-program coordination, planning, and

service delivery under this Act and enhanced integration of programs under this Act with educational activities carried out with

State and local funds.

‘‘SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) SIMPLIFICATION.—In order to simplify application

requirements and reduce the burden for State educational agencies under this Act, the Secretary, in accordance with subsection

(b), shall establish procedures and criteria under which a State

educational agency may submit a consolidated State plan or

a consolidated State application meeting the requirements of

this section for—

‘‘(A) each of the covered programs in which the State

participates; and

‘‘(B) the additional programs described in paragraph

(2).

‘‘(2) ADDITIONAL PROGRAMS.—A State educational agency

may also include in its consolidated State plan or consolidated

State application—

‘‘(A) the Even Start program under part B of title

I;

‘‘(B) the Prevention and Intervention Programs for

Youth Who Are Neglected, Delinquent, or At-Risk of Dropping Out under part D of title I;
H. R. 6—378

‘‘(C) programs under part A of title II of the Carl

D. Perkins Vocational and Applied Technology Education

Act;

‘‘(D) programs under the Goals 2000: Educate America

Act;

‘‘(E) programs under the School-to-Work Opportunities

Act of 1994; and

‘‘(F) such other programs as the Secretary may designate.

‘‘(3) CONSOLIDATED APPLICATIONS AND PLANS.—A State educational agency that submits a consolidated State plan or a

consolidated State application under this section shall not be

required to submit separate State plans or applications under

any of the programs to which the consolidated State plan or

consolidated State application under this section applies.

‘‘(b) COLLABORATION.—

‘‘(1) IN GENERAL.—In establishing criteria and procedures

under this section, the Secretary shall collaborate with State

educational agencies and, as appropriate, with other State agencies, local educational agencies, public and private nonprofit

agencies, organizations, and institutions, private schools, and

representatives of parents, students, and teachers.

‘‘(2) CONTENTS.—Through the collaborative process

described in subsection (b)(1), the Secretary shall establish,

for each program under the Act to which this section applies,

the descriptions, information, assurances, and other material

required to be included in a consolidated State plan or consolidated State application.

‘‘(3) NECESSARY MATERIALS.—The Secretary shall require

only descriptions, information, assurances, and other materials

that are absolutely necessary for the consideration of the

consolidated State plan or consolidated State application.

‘‘SEC. 14303. GENERAL APPLICABILITY OF STATE EDUCATIONAL

AGENCY ASSURANCES.

‘‘(a) ASSURANCES.—A State educational agency that submits

a consolidated State plan or consolidated State application under

this Act, whether separately or under section 14302, shall have

on file with the Secretary a single set of assurances, applicable

to each program for which such plan or application is submitted,

that provides that—

‘‘(1) each such program will be administered in accordance

with all applicable statutes, regulations, program plans, and

applications;

‘‘(2)(A) the control of funds provided under each such program and title to property acquired with program funds will

be in a public agency, in a nonprofit private agency, institution,

or organization, or in an Indian tribe if the law authorizing

the program provides for assistance to such entities; and

‘‘(B) the public agency, nonprofit private agency, institution,

or organization, or Indian tribe will administer such funds

and property to the extent required by the authorizing law;

‘‘(3) the State will adopt and use proper methods of administering each such program, including—

‘‘(A) the enforcement of any obligations imposed by

law on agencies, institutions, organizations, and other

recipients responsible for carrying out each program;
H. R. 6—379

‘‘(B) the correction of deficiencies in program operations that are identified through audits, monitoring, or evaluation; and

‘‘(C) the adoption of written procedures for the receipt

and resolution of complaints alleging violations of law in

the administration of such programs;

‘‘(4) the State will cooperate in carrying out any evaluation of each such program conducted by or for the Secretary or

other Federal officials;

‘‘(5) the State will use such fiscal control and fund accounting procedures as will ensure proper disbursement of, and

accounting for, Federal funds paid to the State under each

such program; ‘‘(6) the State will—

‘‘(A) make reports to the Secretary as may be necessary to enable the Secretary to perform the Secretary’s duties

under each such program; and ‘‘(B) maintain such records, provide such information

to the Secretary, and afford access to the records as the

Secretary may find necessary to carry out the Secretary’s

duties; and

‘‘(7) before the plan or application was submitted to the

Secretary, the State has afforded a reasonable opportunity for

public comment on the plan or application and has considered

such comment.

‘‘(b) GEPA PROVISION.—Section 441 of the General Education

Provisions Act shall not apply to programs under this Act.

‘‘SEC. 14304. ADDITIONAL COORDINATION.

‘‘(a) ADDITIONAL COORDINATION.—In order to explore ways for State educational agencies to reduce administrative burdens and

promote the coordination of the education services of this Act with

other health and social service programs administered by such

agencies, the Secretary is directed to seek agreements with other

Federal agencies (including the Departments of Health and Human

Services, Justice, Labor and Agriculture) for the purpose of

establishing procedures and criteria under which a State educational agency would submit a consolidated State plan or consolidated State application that meets the requirements of the covered

programs. ‘‘(b) REPORT.—The Secretary shall report to the relevant committees 6 months after the date of enactment of the Improving

America’s Schools Act of 1994.

‘‘SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

‘‘(a) GENERAL AUTHORITY.—A local educational agency receiving funds under more than one covered program may submit plans

or applications to the State educational agency under such programs

on a consolidated basis.

‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICATIONS.—A

State educational agency that has submitted and had approved

a consolidated State plan or application under section 14302 may

require local educational agencies in the State receiving funds under

more than one program included in the consolidated State plan

or consolidated State application to submit consolidated local plans

or applications under such programs.

‘‘(c) COLLABORATION.—A State educational agency shall collaborate with local educational agencies in the State in establishing
H. R. 6—380

procedures for the submission of the consolidated State plans or

consolidated State applications under this section.

‘‘(d) NECESSARY MATERIALS.—The State educational agency

shall require only descriptions, information, assurances, and other

material that are absolutely necessary for the consideration of the

local educational agency plan or application.

‘‘SEC. 14306. OTHER GENERAL ASSURANCES.

‘‘(a) ASSURANCES.—Any applicant other than a State educational agency that submits a plan or application under this Act,

whether separately or pursuant to section 14304, shall have on

file with the State educational agency a single set of assurances,

applicable to each program for which a plan or application is submitted, that provides that—

‘‘(1) each such program will be administered in accordance

with all applicable statutes, regulations, program plans, and

applications;

‘‘(2)(A) the control of funds provided under each such program and title to property acquired with program funds will

be in a public agency or in a nonprofit private agency, institution, organization, or Indian tribe, if the law authorizing the

program provides for assistance to such entities; and

‘‘(B) the public agency, nonprofit private agency, institution,

or organization, or Indian tribe will administer such funds

and property to the extent required by the authorizing statutes;

‘‘(3) the applicant will adopt and use proper methods of

administering each such program, including—

‘‘(A) the enforcement of any obligations imposed by

law on agencies, institutions, organizations, and other

recipients responsible for carrying out each program; and

‘‘(B) the correction of deficiencies in program operations

that are identified through audits, monitoring, or evaluation;

‘‘(4) the applicant will cooperate in carrying out any evaluation of each such program conducted by or for the State educational agency, the Secretary or other Federal officials;

‘‘(5) the applicant will use such fiscal control and fund

accounting procedures as will ensure proper disbursement of,

and accounting for, Federal funds paid to such applicant under

each such program;

‘‘(6) the applicant will—

‘‘(A) make reports to the State educational agency and

the Secretary as may be necessary to enable such agency

and the Secretary to perform their duties under each such

program; and

‘‘(B) maintain such records, provide such information,

and afford access to the records as the State educational

agency or the Secretary may find necessary to carry out

the State educational agency’s or the Secretary’s duties;

and

‘‘(7) before the application was submitted, the applicant

afforded a reasonable opportunity for public comment on the

application and has considered such comment.

‘‘(b) GEPA PROVISION.—Section 442 of the General Education

Provisions Act does not apply to programs under this Act.
H. R. 6—381

‘‘SEC. 14307. RELATIONSHIP OF STATE AND LOCAL PLANS TO PLANS

UNDER THE GOALS 2000: EDUCATE AMERICA ACT.

‘‘(a) STATE PLANS.— ‘‘(1) IN GENERAL.—Each State plan submitted under the

following programs shall be integrated with each other and

the State’s improvement plan, if any, either approved or being

developed, under title III of the Goals 2000: Educate America

Act, the School-to-Work Opportunities Act of 1994, and the

Carl D. Perkins Vocational and Applied Technology Education

Act:

‘‘(A) Part A of title I (helping disadvantaged children meet high standards). ‘‘(B) Part C of title I (education of migratory children).

‘‘(C) Part D of title I (education of neglected, delin- quent, and at-risk youth). ‘‘(D) Title II (professional development).

‘‘(E) Title IV (safe and drug-free schools).

‘‘(F) Title VI (innovative education program strategies).

‘‘(G) Subpart 4 of part A of title IX (Indian education). ‘‘(2) SPECIAL RULE.—Notwithstanding any other provision of this Act, if a requirement relating to a State plan referred

to in paragraph (1) is already satisfied by the approved State

improvement plan for such State under title III of the Goals

2000: Educate America Act, the State plan referred to in paragraph (1) need not separately address that requirement.

‘‘(3) AMENDMENT.—Any State plan referred to in paragraph (1) may, if necessary, be submitted as an amendment to the

State improvement plan for such State under title III of the

Goals 2000: Educate America Act.

‘‘(b) LOCAL PLANS.—

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

submitted under the following programs shall be integrated

with each other and its local improvement plan, if any, either

approved or being developed, under title III of the Goals 2000:

Educate America Act:

‘‘(A) Part A of title I (helping disadvantaged children

meet high standards).

‘‘(B) Title II (professional development).

‘‘(C) Title IV (safe and drug-free schools).

‘‘(D) Subpart 4 of part A of title IX (Indian education).

‘‘(E) Subpart 1 of part A of title VII (bilingual education).

‘‘(F) Title VI (innovative education program strategies).

‘‘(G) Part C of title VII (emergency immigrant edu- cation).

‘‘(2) PLAN OF OPERATION.—Each plan of operation included

in an application submitted by an eligible entity under part

B of title I (Even Start) shall be consistent with, and promote

the goals of, the State and local improvement plans, either

approved or being developed, under title III of the Goals 2000:

Educate America Act or, if those plans are not approved or

being developed, with the State and local plans under sections

1111 and 1112.

‘‘(3) SPECIAL RULE.—Notwithstanding any other provision

of this Act, if a requirement relating to a local plan referred

to in paragraph (1) is already satisfied by the local educational

agency’s approved local improvement plan under title III of
H. R. 6—382

the Goals 2000: Educate America Act, the local plan referred

to in paragraph (1) need not separately address that requirement.

‘‘(4) SUBMISSION.—Any local plan referred to in paragraph (1) may, if necessary, be submitted as an amendment to the

local educational agency’s improvement plan under title III

of the Goals 2000: Educate America Act.

‘‘PART D—WAIVERS

‘‘SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY

REQUIREMENTS.

‘‘(a) IN GENERAL.—Except as provided in subsection (c), the

Secretary may waive any statutory or regulatory requirement of

this Act for a State educational agency, local educational agency,

Indian tribe, or school through a local educational agency, that—

‘‘(1) receives funds under a program authorized by this

Act; and

‘‘(2) requests a waiver under subsection (b).

‘‘(b) REQUEST FOR WAIVER.—

‘‘(1) IN GENERAL.—A State educational agency, local educational agency, or Indian tribe which desires a waiver shall

submit a waiver request to the Secretary that—

‘‘(A) identifies the Federal programs affected by such

requested waiver;

‘‘(B) describes which Federal requirements are to be

waived and how the waiving of such requirements will—

‘‘(i) increase the quality of instruction for students;

or

‘‘(ii) improve the academic performance of students;

‘‘(C) if applicable, describes which similar State and

local requirements will be waived and how the waiving

of such requirements will assist the local educational agencies, Indian tribes or schools, as appropriate, to achieve

the objectives described in clauses (i) and (ii) of subparagraph (B);

‘‘(D) describes specific, measurable educational

improvement goals and expected outcomes for all affected

students;

‘‘(E) describes the methods to be used to measure

progress in meeting such goals and outcomes; and

‘‘(F) describes how schools will continue to provide

assistance to the same populations served by programs

for which waivers are requested.

‘‘(2) ADDITIONAL INFORMATION.—Such requests—

‘‘(A) may provide for waivers of requirements applicable

to State educational agencies, local educational agencies,

Indian tribes, and schools; and

‘‘(B) shall be developed and submitted—

‘‘(i)(I) by local educational agencies (on behalf of such agencies and schools) to State educational agencies; and

‘‘(II) by State educational agencies (on behalf of,

and based upon the requests of, local educational agencies) to the Secretary; or

‘‘(ii) by Indian tribes (on behalf of schools operated by such tribes) to the Secretary.
H. R. 6—383

‘‘(3) GENERAL REQUIREMENTS.—(A) In the case of a waiver

request submitted by a State educational agency acting in

its own behalf, the State educational agency shall—

‘‘(i) provide all interested local educational agencies

in the State with notice and a reasonable opportunity to

comment on the request;

‘‘(ii) submit the comments to the Secretary; and

‘‘(iii) provide notice and information to the public

regarding the waiver request in the manner that the applying agency customarily provides similar notices and

information to the public.

‘‘(B) In the case of a waiver request submitted by a local

educational agency that receives funds under this Act—

‘‘(i) such request shall be reviewed by the State educational agency and be accompanied by the comments,

if any, of such State educational agency; and

‘‘(ii) notice and information regarding the waiver

request shall be provided to the public by the agency

requesting the waiver in the manner that such agency

customarily provides similar notices and information to

the public.

‘‘(c) RESTRICTIONS.—The Secretary shall not waive under this

section any statutory or regulatory requirements relating to—

‘‘(1) the allocation or distribution of funds to States, local

educational agencies, or other recipients of funds under this

Act;

‘‘(2) maintenance of effort;

‘‘(3) comparability of services;

‘‘(4) use of Federal funds to supplement, not supplant,

non-Federal funds;

‘‘(5) equitable participation of private school students and

teachers;

‘‘(6) parental participation and involvement;

‘‘(7) applicable civil rights requirements;

‘‘(8) the requirement for a charter school under part C

of title X; or

‘‘(9) the prohibitions regarding— ‘‘(A) State aid in section 14502; or

‘‘(B) use of funds for religious worship or instruction

in section 14507.

‘‘(d) DURATION AND EXTENSION OF WAIVER.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2),

the duration of a waiver approved by the Secretary under

this section may be for a period not to exceed three years. ‘‘(2) EXTENSION.—The Secretary may extend the period

described in paragraph (1) if the Secretary determines that—

‘‘(A) the waiver has been effective in enabling the State

or affected recipients to carry out the activities for which

the waiver was requested and the waiver has contributed

to improved student performance; and

‘‘(B) such extension is in the public interest.

‘‘(e) REPORTS.—

‘‘(1) LOCAL WAIVER.—A local educational agency that

receives a waiver under this section shall at the end of the

second year for which a waiver is received under this section,

and each subsequent year, submit a report to the State educational agency that—
H. R. 6—384

‘‘(A) describes the uses of such waiver by such agency or by schools; ‘‘(B) describes how schools continued to provide assistance to the same populations served by the programs for

which waivers are requested; and

‘‘(C) evaluates the progress of such agency and of

schools in improving the quality of instruction or the academic performance of students.

‘‘(2) STATE WAIVER.—A State educational agency that

receives reports required under paragraph (1) shall annually

submit a report to the Secretary that is based on such reports

and contains such information as the Secretary may require.

‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe that receives

a waiver under this section shall annually submit a report

to the Secretary that—

‘‘(A) describes the uses of such waiver by schools operated by such tribe; and

‘‘(B) evaluates the progress of such schools in improving

the quality of instruction or the academic performance

of students.

‘‘(4) REPORT TO CONGRESS.—Beginning in fiscal year 1997

and each subsequent year, the Secretary shall submit to the

Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources of

the Senate a report—

‘‘(A) summarizing the uses of waivers by State educational agencies, local educational agencies, Indian tribes,

and schools; and

‘‘(B) describing whether such waivers—

‘‘(i) increased the quality of instruction to students;

or

‘‘(ii) improved the academic performance of students.

‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall terminate

a waiver under this section if the Secretary determines that the

performance of the State or other recipient affected by the waiver

has been inadequate to justify a continuation of the waiver or

if the waiver is no longer necessary to achieve its original purposes.

‘‘(g) PUBLICATION.—A notice of the Secretary’s decision to grant

each waiver under subsection (a) shall be published in the Federal

Register and the Secretary shall provide for the dissemination

of such notice to State educational agencies, interested parties,

including educators, parents, students, advocacy and civil rights

organizations, and the public.

‘‘PART E—UNIFORM PROVISIONS

‘‘SEC. 14501. MAINTENANCE OF EFFORT.

‘‘(a) IN GENERAL.—A local educational agency may receive funds

under a covered program for any fiscal year only if the State

educational agency finds that either the combined fiscal effort per

student or the aggregate expenditures of such agency and the

State with respect to the provision of free public education by

such agency for the preceding fiscal year was not less than 90

percent of such combined fiscal effort or aggregate expenditures

for the second preceding fiscal year. ‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—
H. R. 6—385

‘‘(1) IN GENERAL.—The State educational agency shall reduce the amount of the allocation of funds under a covered

program in any fiscal year in the exact proportion to which

a local educational agency fails to meet the requirement of

subsection (a) by falling below 90 percent of both the combined

fiscal effort per student and aggregate expenditures (using the

measure most favorable to such local agency). ‘‘(2) SPECIAL RULE.—No such lesser amount shall be used

for computing the effort required under subsection (a) for subsequent years.

‘‘(c) WAIVER.—The Secretary may waive the requirements of this section if the Secretary determines that such a waiver would

be equitable due to— ‘‘(1) exceptional or uncontrollable circumstances such as

a natural disaster; or

‘‘(2) a precipitous decline in the financial resources of the

local educational agency.

‘‘SEC. 14502. PROHIBITION REGARDING STATE AID.

‘‘A State shall not take into consideration payments under this Act (other than under title VIII) in determining the eligibility

of any local educational agency in such State for State aid, or

the amount of State aid, with respect to free public education

of children.

‘‘SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND

TEACHERS.

‘‘(a) PRIVATE SCHOOL PARTICIPATION.— ‘‘(1) IN GENERAL.—Except as otherwise provided in this

Act, to the extent consistent with the number of eligible children

in a State educational agency, local educational agency, or

educational service agency or consortium of such agencies

receiving financial assistance under a program specified in

subsection (b), who are enrolled in private elementary and

secondary schools in such agency or consortium, such agency

or consortium shall, after timely and meaningful consultation

with appropriate private school officials, provide such children

and their teachers or other educational personnel, on an equitable basis, special educational services or other benefits under

such program. ‘‘(2) SECULAR, NEUTRAL, AND NONIDEOLOGICAL SERVICES OR

BENEFITS.—Educational services or other benefits, including materials and equipment, provided under this section, shall

be secular, neutral, and nonideological. ‘‘(3) SPECIAL RULE.—Educational services and other benefits

provided under this section for such private school children,

teachers, and other educational personnel shall be equitable

in comparison to services and other benefits for public school

children, teachers, and other educational personnel participating in such program. ‘‘(4) EXPENDITURES.—Expenditures for educational services

and other benefits provided under this section to eligible private

school children, their teachers, and other educational personnel

serving such children shall be equal, taking into account the

number and educational needs of the children to be served,

to the expenditures for participating public school children. ‘‘(5) PROVISION OF SERVICES.—Such agency or consortium described in subsection (a)(1) may provide such services directly
H. R. 6—386

or through contracts with public and private agencies, organizations, and institutions.

‘‘(b) APPLICABILITY.—

‘‘(1) IN GENERAL.—This section applies to programs under—

‘‘(A) part C of title I (migrant education);

‘‘(B) title II (other than section 2103 and part C of

such title);

‘‘(C) title VII;

‘‘(D) title III (other than part B of such title) (Star

Schools); and

‘‘(E) part A of title IV (other than section 4114).

‘‘(2) DEFINITION.—For the purposes of this section, the term

‘eligible children’ means children eligible for services under

a program described in paragraph (1).

‘‘(c) CONSULTATION.—

‘‘(1) IN GENERAL.—To ensure timely and meaningful consultation, a State educational agency, local educational agency,

educational service agency or consortium of such agencies shall

consult with appropriate private school officials during the

design and development of the programs under this Act, on

issues such as—

‘‘(A) how the children’s needs will be identified;

‘‘(B) what services will be offered;

‘‘(C) how and where the services will be provided; and

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

‘‘(2) TIMING.—Such consultation shall occur before the

agency or consortium makes any decision that affects the

opportunities of eligible private school children, teachers, and

other educational personnel to participate in programs under

this Act.

‘‘(3) DISCUSSION REQUIRED.—Such consultation shall

include a discussion of service delivery mechanisms that the

agency or consortium could use to provide equitable services

to eligible private school children, teachers, administrators,

and other staff.

‘‘(d) PUBLIC CONTROL OF FUNDS.— ‘‘(1) IN GENERAL.—The control of funds used to provide

services under this section, and title to materials, equipment,

and property purchased with such funds, shall be in a public

agency for the uses and purposes provided in this Act, and

a public agency shall administer such funds and property. ‘‘(2) PROVISION OF SERVICES.—(A) The provision of services

under this section shall be provided—

‘‘(i) by employees of a public agency; or

‘‘(ii) through contract by such public agency with an

individual, association, agency, or organization.

‘‘(B) In the provision of such services, such employee, person, association, agency, or organization shall be independent

of such private school and of any religious organization, and

such employment or contract shall be under the control and

supervision of such public agency.

‘‘(C) Funds used to provide services under this section

shall not be commingled with non-Federal funds.

‘‘SEC. 14504. STANDARDS FOR BY-PASS.

‘‘If, by reason of any provision of law, a State educational

agency, local educational agency, educational service agency or
H. R. 6—387

consortium of such agencies is prohibited from providing for the

participation in programs of children enrolled in, or teachers or

other educational personnel from, private elementary and secondary

schools, on an equitable basis, or if the Secretary determines that

such agency or consortium has substantially failed or is unwilling

to provide for such participation, as required by section 14503,

the Secretary shall— ‘‘(1) waive the requirements of that section for such agency or consortium; and

‘‘(2) arrange for the provision of equitable services to such children, teachers, or other educational personnel through

arrangements that shall be subject to the requirements of this

section and of sections 14503, 14505, and 14506.

‘‘SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE

SCHOOL CHILDREN.

‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary shall develop and implement written procedures for receiving, investigating, and resolving complaints from parents, teachers, or other

individuals and organizations concerning violations of section 14503

by a State educational agency, local educational agency, educational

service agency, or consortium of such agencies. Such individual

or organization shall submit such complaint to the State educational

agency for a written resolution by the State educational agency

within a reasonable period of time. ‘‘(b) APPEALS TO THE SECRETARY.—Such resolution may be appealed by an interested party to the Secretary not later than

30 days after the State educational agency resolves the complaint

or fails to resolve the complaint within a reasonable period of

time. Such appeal shall be accompanied by a copy of the State

educational agency’s resolution, and a complete statement of the

reasons supporting the appeal. The Secretary shall investigate and

resolve each such appeal not later than 120 days after receipt

of the appeal.

‘‘SEC. 14506. BY-PASS DETERMINATION PROCESS.

‘‘(a) REVIEW.— ‘‘(1) IN GENERAL.—(A) The Secretary shall not take any final action under section 14504 until the State educational

agency, local educational agency, educational service agency,

or consortium of such agencies affected by such action has

had an opportunity, for not less than 45 days after receiving

written notice thereof, to submit written objections and to

appear before the Secretary to show cause why that action

should not be taken.

‘‘(B) Pending final resolution of any investigation or com- plaint that could result in a determination under this section,

the Secretary may withhold from the allocation of the affected

State or local educational agency the amount estimated by

the Secretary to be necessary to pay the cost of those services.

‘‘(2) PETITION FOR REVIEW.—(A) If such affected agency

or consortium is dissatisfied with the Secretary’s final action

after a proceeding under paragraph (1), such agency or consortium may, within 60 days after notice of such action, file

with the United States court of appeals for the circuit in which

such State is located a petition for review of that action.

‘‘(B) A copy of the petition shall be forthwith transmitted

by the clerk of the court to the Secretary.
H. R. 6—388

‘‘(C) The Secretary upon receipt of the copy of the petition

shall file in the court the record of the proceedings on which

the Secretary based this action, as provided in section 2112

of title 28, United States Code.

‘‘(3) FINDINGS OF FACT.—(A) The findings of fact by the

Secretary, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the

case to the Secretary to take further evidence and the Secretary

may then make new or modified findings of fact and may

modify the Secretary’s previous action, and shall file in the

court the record of the further proceedings.

‘‘(B) Such new or modified findings of fact shall likewise

be conclusive if supported by substantial evidence.

‘‘(4) JURISDICTION.—(A) Upon the filing of such petition,

the court shall have jurisdiction to affirm the action of the

Secretary or to set such action aside, in whole or in part.

‘‘(B) The judgment of the court shall be subject to review

by the Supreme Court of the United States upon certiorari

or certification as provided in section 1254 of title 28, United

States Code.

‘‘(b) DETERMINATION.—Any determination by the Secretary

under this section shall continue in effect until the Secretary determines, in consultation with such agency or consortium and representatives of the affected private school children, teachers, or

other educational personnel that there will no longer be any failure

or inability on the part of such agency or consortium to meet

the applicable requirements of section 14503 or any other provision

of this Act.

‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the Secretary

arranges for services pursuant to this section, the Secretary shall,

after consultation with the appropriate public and private school

officials, pay the cost of such services, including the administrative

costs of arranging for those services, from the appropriate allocation

or allocations under this Act.

‘‘(d) PRIOR DETERMINATION.—Any by-pass determination by the

Secretary under this Act as in effect on the day preceding the

date of enactment of the Improving America’s Schools Act of 1994

shall remain in effect to the extent the Secretary determines that

such determination is consistent with the purpose of this section.

‘‘SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP

OR INSTRUCTION.

‘‘Nothing contained in this Act shall be construed to authorize

the making of any payment under this Act for religious worship

or instruction.

‘‘SEC. 14508. APPLICABILITY TO HOME SCHOOLS.

‘‘Nothing in this Act shall be construed to affect home schools.

‘‘SEC. 14509. GENERAL PROVISION REGARDING NONRECIPIENT

NONPUBLIC SCHOOLS.

‘‘Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal control over any aspect of any private,

religious, or home school, whether or not a home school is treated

as a private school or home school under State law. This section

shall not be construed to bar private, religious, or home schools

from participation in programs or services under this Act.
H. R. 6—389

‘‘SEC. 14510. SCHOOL PRAYER.

‘‘Any State or local educational agency that is adjudged by

a Federal court of competent jurisdiction to have willfully violated

a Federal court order mandating that such local educational agency

remedy a violation of the constitutional right of any student with

respect to prayer in public schools, in addition to any other judicial

remedies, shall be ineligible to receive Federal funds under this

Act until such time as the local educational agency complies with

such order. Funds that are withheld under this section shall not

be reimbursed for the period during which the local educational

agency was in willful noncompliance.

‘‘SEC. 14511. GENERAL PROHIBITIONS.

‘‘(a) PROHIBITION.—None of the funds authorized under this

Act shall be used—

‘‘(1) to develop or distribute materials, or operate programs

or courses of instruction directed at youth that are designed

to promote or encourage, sexual activity, whether homosexual

or heterosexual;

‘‘(2) to distribute or to aid in the distribution by any

organization of legally obscene materials to minors on school

grounds;

‘‘(3) to provide sex education or HIV prevention education

in schools unless such instruction is age appropriate and

includes the health benefits of abstinence; or

‘‘(4) to operate a program of condom distribution in schools.

‘‘(b) LOCAL CONTROL.—Nothing in this section shall be construed to—

‘‘(1) authorize an officer or employee of the Federal Government to mandate, direct, review, or control a State, local educational agency, or schools’ instructional content, curriculum,

and related activities;

‘‘(2) limit the application of the General Education Provisions Act;

‘‘(3) require the distribution of scientifically or medically

false or inaccurate materials or to prohibit the distribution

of scientifically or medically true or accurate materials; or ‘‘(4) create any legally enforceable right.

‘‘SEC. 14512. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND

CONTROL.

‘‘Nothing in this Act shall be construed to authorize an officer

or employee of the Federal Government to mandate, direct, or

control a State, local educational agency, or school’s curriculum,

program of instruction, or allocation of State or local resources,

or mandate a State or any subdivision thereof to spend any funds

or incur any costs not paid for under this Act.

‘‘SEC. 14513. REPORT.

‘‘The Secretary shall report to the Congress not later than

180 days after the date of enactment of the Improving America’s

Schools Act of 1994 regarding how the Secretary shall ensure that

audits conducted by Department employees of activities assisted

under this Act comply with changes to this Act made by the Improving America’s Schools Act of 1994, particularly with respect to

permitting children with similar educational needs to be served

in the same educational settings, where appropriate.
H. R. 6—390

‘‘SEC. 14514. REQUIRED PARTICIPATION PROHIBITED.

‘‘Notwithstanding any other provision of law, no State shall be required to participate in any program under the Goals 2000:

Educate America Act, or to have content standards or student

performance standards approved or certified under such Act, in

order to receive assistance under this Act.

‘‘PART F—GUN POSSESSION

‘‘SEC. 14601. GUN-FREE REQUIREMENTS.

‘‘(a) SHORT TITLE.—This section may be cited as the ‘Gun- Free Schools Act of 1994’.

‘‘(b) REQUIREMENTS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (3), each State receiving Federal funds under this Act shall have

in effect a State law requiring local educational agencies to

expel from school for a period of not less than one year a

student who is determined to have brought a weapon to a

school under the jurisdiction of local educational agencies in

that State, except that such State law shall allow the chief

administering officer of such local educational agency to modify

such expulsion requirement for a student on a case-by-case

basis.

‘‘(2) CONSTRUCTION.—Nothing in this title shall be con- strued to prevent a State from allowing a local educational

agency that has expelled a student from such a student’s regular school setting from providing educational services to such

student in an alternative setting. ‘‘(3) SPECIAL RULE.—(A) Any State that has a law in effect

prior to the date of enactment of the Improving America’s

Schools Act of 1994 which is in conflict with the not less

than one year expulsion requirement described in paragraph

(1) shall have the period of time described in subparagraph

(B) to comply with such requirement. ‘‘(B) The period of time shall be the period beginning on

the date of enactment of the Improving America’s Schools Act

and ending one year after such date. ‘‘(4) DEFINITION.—For the purpose of this section, the term

‘weapon’ means a firearm as such term is defined in section

921 of title 18, United States Code.

‘‘(c) SPECIAL RULE.—The provisions of this section shall be

construed in a manner consistent with the Individuals with Disabilities Education Act.

‘‘(d) REPORT TO STATE.—Each local educational agency requesting assistance from the State educational agency that is to be

provided from funds made available to the State under this Act

shall provide to the State, in the application requesting such

assistance—

‘‘(1) an assurance that such local educational agency is

in compliance with the State law required by subsection (b);

and

‘‘(2) a description of the circumstances surrounding any

expulsions imposed under the State law required by subsection

(b), including—

‘‘(A) the name of the school concerned;

‘‘(B) the number of students expelled from such school;

and
H. R. 6—391

‘‘(C) the type of weapons concerned. ‘‘(e) REPORTING.—Each State shall report the information described in subsection (c) to the Secretary on an annual basis. ‘‘(f) REPORT TO CONGRESS.—Two years after the date of enact- ment of the Improving America’s Schools Act of 1994, the Secretary

shall report to Congress if any State is not in compliance with

the requirements of this title.

‘‘SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.

‘‘(a) IN GENERAL.—No funds shall be made available under

this Act to any local educational agency unless such agency has

a policy requiring referral to the criminal justice or juvenile delinquency system of any student who brings a firearm or weapon

to a school served by such agency. ‘‘(b) DEFINITIONS.—For the purpose of this section, the terms

‘firearm’ and ‘school’ have the same meaning given to such terms

by section 921(a) of title 18, United States Code.

‘‘SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.

‘‘The Secretary shall— ‘‘(1) widely disseminate the policy of the Department in effect on the date of enactment of the Improving America’s

Schools Act of 1994 with respect to disciplining children with

disabilities;

‘‘(2) collect data on the incidence of children with disabilities (as such term is defined in section 602(a)(1) of the Individuals With Disabilities Education Act) engaging in life threatening behavior or bringing weapons to schools; and ‘‘(3) submit a report to Congress not later than January 31, 1995, analyzing the strengths and problems with the current

approaches regarding disciplining children with disabilities.

‘‘PART G—EVALUATIONS

‘‘SEC. 14701. EVALUATIONS.

‘‘(a) EVALUATIONS.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary is authorized to reserve not more than 0.50

percent of the amount appropriated to carry out each program

authorized under this Act—

‘‘(A) to carry out comprehensive evaluations of categor- ical programs and demonstration projects, and studies of

program effectiveness, under this Act, and the administrative impact of such programs on schools and local educational agencies in accordance with subsection (b); ‘‘(B) to evaluate the aggregate short- and long-term effects and cost efficiencies across Federal programs under

this Act and related Federal preschool, elementary and

secondary programs under other Federal law; and ‘‘(C) to strengthen the usefulness of grant recipient evaluations for continuous program progress through

improving the quality, timeliness, efficiency, and utilization

of program information on program performance.

‘‘(2) SPECIAL RULE.—(A) Paragraph (1) shall not apply to any program under title I. ‘‘(B) If funds are made available under any program

assisted under this Act (other than a program under title
H. R. 6—392

I) for evaluation activities, then the Secretary shall reserve

no additional funds pursuant to the authority in subsection

(a)(1) to evaluate such program, but shall coordinate the evaluation of such program with the national evaluation described

in subsection (b).

‘‘(b) NATIONAL EVALUATIONS.—

‘‘(1) IN GENERAL.—The Secretary shall use the funds made

available under subsection (a) to carry out—

‘‘(A) independent studies of categorical and demonstration programs under this Act and the administrative impact

of such programs on schools and local educational agencies,

that are coordinated with research supported through the

Office of Educational Research and Improvement, using

rigorous methodological designs and techniques, including

longitudinal designs, control groups, and random assignment, as appropriate, to determine—

‘‘(i) the success of such programs in meeting the

measurable goals and objectives, through appropriate

targeting, quality services, and efficient administration, and in contributing to achieving the National

Education Goals, with a priority on assessing program

impact on student performance;

‘‘(ii) the short- and long-term effects of program

participation on program participants, as appropriate;

‘‘(iii) the cost and efficiency of such programs;

‘‘(iv) to the extent feasible, the cost of serving

all students eligible to be served under such programs;

‘‘(v) specific intervention strategies and

implementation of such strategies that, based on theory, research and evaluation, offer the promise of

improved achievement of program objectives; ‘‘(vi) promising means of identifying and disseminating effective management and educational practices; ‘‘(vii) the effect of such programs on school and

local educational agencies’ administrative responsibilities and structure, including the use of local and State

resources, with particular attention to schools and

agencies serving a high concentration of disadvantaged

students; and

‘‘(viii) the effect of Federal categorical programs

at the elementary and secondary levels on the proliferation of State categorical education aid programs and

regulations, including an evaluation of the State regulations that are developed in response to Federal education laws;

‘‘(B) in collaboration with the national assessment conducted pursuant to section 1601, a comprehensive evaluation of how the Federal Government has assisted the States

to reform their educational systems through the various

education laws enacted during the 103d Congress, which

evaluation shall—

‘‘(i) encompass the changes made in Federal programs pursuant to the Improving America’s Schools

Act of 1994 as well as in any other law enacted during

the 103d Congress that amended a Federal program

assisting preschool, elementary, or secondary education;
H. R. 6—393

‘‘(ii) encompass new initiatives such as initiatives

under the Goals 2000: Educate America Act, and the

School-to-Work Opportunities Act of 1994, and be

coordinated with evaluations of such Acts;

‘‘(iii) include a comprehensive review of the programs developed under the Acts described in clauses

(i) and (ii) to determine such programs’ overall effect

on—

‘‘(I) the readiness of children for schooling;

‘‘(II) the improvement in educational attainment of students in elementary and secondary education; and

‘‘(III) the improvement in skills needed by students to obtain employment or pursue further education upon completion of secondary school or

further education;

‘‘(iv) include a comprehensive review of the programs under the Acts described in clauses (i) and (ii)

to determine such programs’ overall effect—

‘‘(I) on school reform efforts undertaken by

States;

‘‘(II) on efforts by States to adopt educational

standards to improve schooling for all children,

to align their curricula, teacher training, and

assessments with such standards, and to bring

flexibility to the rules governing how education

is to be provided; and

‘‘(III) on student populations that have been

the traditional beneficiaries of Federal assistance

in order to determine whether such population’s

educational attainment has been improved as a

result of such programs;

‘‘(v) evaluate how the National Assessment

Governing Board, the Advisory Council on Education

Statistics, the National Education Goals Panel, and

the National Education Statistics and Improvement

Council (and any other Federal board established to

analyze, address, or approve education standards and

assessments) coordinate, interact, or duplicate efforts

to assist the States in reforming the educational systems of States; and

‘‘(vi) include a review of the programs under the Acts described in clauses (i) and (ii) in such detail

as the Secretary deems appropriate, and may involve

cooperation with other Federal departments and agencies in order to incorporate evaluations and recommendations of such departments and agencies; and

‘‘(C) a study of the waivers granted under section

14401, which study shall include—

‘‘(i) data on the total number of waiver requests

that were granted and the total number of such

requests that were denied, disaggregated by the statutory or regulatory requirement for which the waivers

were requested; and

‘‘(ii) an analysis of the effect of waivers on categorical program requirements and other flexibility provisions in this Act, the School-to-Work Opportunities
H. R. 6—394

Act of 1994, and the Goals 2000: Educate America

Act, on improvement in educational achievement of

participating students and on school and local educational agency administrative responsibilities, structure, and resources based on an appropriate sample

of State educational agencies, local educational agencies, schools, and tribes receiving waivers.

‘‘(D) a study of the waivers provided under section

1114 to support schoolwide programs which shall include—

‘‘(i) the extent to which schoolwide programs are

meeting the intent and purposes of any program for

which provisions were waived; and

‘‘(ii) the extent to which the needs of all students

are being served by such programs particularly students who would be eligible for assistance under any

provisions waived.

‘‘(2) INDEPENDENT PANEL.—The Secretary shall appoint an

independent panel to review the plan for the evaluation

described in paragraph (1), to advise the Secretary on such

evaluation’s progress, and to comment, if the panel so wishes,

on the final report described in paragraph (3).

‘‘(3) REPORT.—The Secretary shall submit a final report

on the evaluation described in this subsection by January 1,

1998, to the Committee on Education and Labor of the House

of Representatives and to the Committee on Labor and Human

Resources of the Senate.

‘‘(c) RECIPIENT EVALUATION AND QUALITY ASSURANCE IMPROVEMENT.—The Secretary is authorized to provide guidance, technical

assistance, and model programs to recipients of assistance under

this Act to strengthen information for quality assurance and

performance information feedback at State and local levels. Such

guidance and assistance shall promote the development, measurement and reporting of valid, reliable, timely and consistent performance indicators within a program in order to promote continuous

program improvement. Nothing in this subsection shall be construed

to establish a national data system.

‘‘PART H—SENSE OF THE CONGRESS

‘‘SEC. 14801. SENSE OF CONGRESS TO INCREASE THE TOTAL SHARE

OF FEDERAL SPENDING ON EDUCATION.

‘‘(a) FINDINGS.—The Congress finds that—

‘‘(1) in order to increase our Nation’s standard of living

and to increase the number of good jobs, the United States

must increase its productivity and ability to compete in the

international marketplace by improving the educational level

of our workforce;

‘‘(2) although efforts are being made to establish higher

educational standards and goals, there is a substantial shortage

of resources to meet such standards and goals; ‘‘(3) States and local communities are finding it increasingly

difficult to meet ever higher educational standards and goals,

and States will not be able to fund needed changes without

Federal help to reach such standards and goals;

‘‘(4) the Federal Government has established many educational programs but failed to provide adequate funding for

such programs, for example one such program provides edu-
H. R. 6—395

cation to our Nation’s disabled students and was established

with a promise of 40 percent Federal funding but currently

receives only eight percent Federal funding;

‘‘(5) the annual shortfall in Federal education programs

is approximately half of the promised funding;

‘‘(6) many needed educational improvements will not need

Federal funds, however, other suggested changes such as

lengthened school years, better pay, after-school activities,

mentoring for students at risk, programs for gifted students,

and replacing substandard buildings, will require substantial

Federal assistance; and

‘‘(7) the Federal contribution to education is less than two

percent of the total Federal budget, and in order to make

education a national priority, the total percentage of Federal

educational funding should be increased by one percent each

year over the next eight years to reach 10 percent of the

total Federal budget.

‘‘(b) SENSE OF THE CONGRESS.—It is the sense of the Congress

that the total share of the Federal spending on education should

increase by at least one percent each year until such share reaches

10 percent of the total Federal budget.

‘‘SEC. 14802. SENSE OF CONGRESS; REQUIREMENT REGARDING

NOTICE.

‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or products that may be

authorized to be purchased with financial assistance provided under

this Act, it is the sense of the Congress that entities receiving

such assistance should, in expending the assistance, purchase only

American-made equipment and products.

‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In providing financial assistance under this Act, the head of each Federal agency

shall provide to each recipient of the assistance a notice describing

the statement made in subsection (a) by the Congress.’’.

TITLE II—AMENDMENTS TO THE

GENERAL EDUCATION PROVISIONS ACT

PART A—APPLICABILITY OF THE GENERAL

EDUCATION PROVISIONS ACT

SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.

Section 400 of the General Education Provisions Act (20 U.S.C.

1221 et seq.) (hereafter in this title (other than part F) referred

to as the ‘‘Act’’) is amended to read as follows:

‘‘SHORT TITLE; APPLICABILITY; DEFINITIONS

‘‘SEC. 400. (a) This title may be cited as the ‘General Education

Provisions Act’.

‘‘(b)(1) Except as otherwise provided, this title applies to each

applicable program of the Department of Education.

‘‘(2) Except as otherwise provided, this title does not apply

to any contract made by the Department of Education.

‘‘(c) As used in this title, the following terms have the following

meanings:
H. R. 6—396

‘‘(1) The term ‘applicable program’ means any program

for which the Secretary or the Department has administrative

responsibility as provided by law or by delegation of authority

pursuant to law. The term includes each program for which

the Secretary or the Department has administrative responsibility under the Department of Education Organization Act

or under Federal law effective after the effective date of that

Act.

‘‘(2) The term ‘applicable statute’ means—

‘‘(A) the Act or the title, part, section, or any other

subdivision of an Act, as the case may be, that authorizes

the appropriation for an applicable program;

‘‘(B) this title; and

‘‘(C) any other statute that by its terms expressly controls the administration of an applicable program.

‘‘(3) The term ‘Department’ means the Department of Education.

‘‘(4) The term ‘Secretary’ means the Secretary of Education.

‘‘(d) Nothing in this title shall be construed to affect the

applicability of title VI of the Civil Rights Act of 1964, title IX

of the Education Amendments of 1972, title V of the Rehabilitation

Act of 1973, the Age Discrimination Act, or other statutes prohibiting discrimination, to any applicable program.’’.

SEC. 212. REPEAL AND REDESIGNATION.

(a) REPEALS.—

(1) SECTIONS.—Sections 400A, 401, 402, 403, 406, 406A,

406B, 406C, 407, 413, 416, 419, 421, 423, 424, 426A, and

429 of the Act are repealed.

(2) PART.—Part D of the Act is repealed.

(b) REDESIGNATIONS.—

(1) SECTIONS.—Sections 408, 409, 411, 412, 414, 415, 417,

420, 421A, 422, 425, 426, 427, 428, 430, 431, 432, 433, 434,

435, 436, 437, 438, 439, and 440 of the Act are redesignated

as sections 410, 411, 420, 421, 422, 423, 425, 426, 430, 431,

432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443,

444, 445, and 446 of the Act, respectively.

(2) PART.—Part E of the Act is redesignated as part D

of the Act.

(3) CROSS REFERENCES.—(A) Paragraph (6) of section 441(b)

(as redesignated by paragraph (1)) (20 U.S.C. 1232d(b)(6)) is

amended by striking ‘‘437’’ and inserting ‘‘443’’.

(B) Paragraph (4) of section 442(b) of the Act (as redesignated by paragraph (1)) (20 U.S.C. 1232e(b)(4)) is amended

by striking ‘‘437’’ and inserting ‘‘443’’.

(C) Subsection (a) of section 446 of the Act (as redesignated

by paragraph (1)) (20 U.S.C. 1232i(a)) is amended by striking

‘‘438(b)(1)(D)’’ and inserting ‘‘444(b)(1)(D)’’.

(D) Subsection (a) of section 458 of the Act (20 U.S.C.

1234g(a)) is amended by striking ‘‘435(a)’’ and inserting

‘‘441(a)’’.

PART B—THE DEPARTMENT OF EDUCATION

SEC. 221. NEW HEADING FOR PART A.

The heading for part A of the Act is amended to read as

follows:
H. R. 6—397

‘‘PART A—FUNCTIONS OF THE DEPARTMENT OF EDUCATION’’.

SEC. 222. GENERAL AUTHORITY OF THE SECRETARY.

Section 410 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1221e–3) is amended to read as follows:

‘‘GENERAL AUTHORITY OF THE SECRETARY

‘‘SEC. 410. The Secretary, in order to carry out functions otherwise vested in the Secretary by law or by delegation of authority

pursuant to law, and subject to limitations as may be otherwise

imposed by law, is authorized to make, promulgate, issue, rescind,

and amend rules and regulations governing the manner of operation

of, and governing the applicable programs administered by, the

Department.’’.

PART C—APPROPRIATIONS AND

EVALUATIONS

SEC. 231. FORWARD FUNDING.

Section 420 of the Act (as redesignated by section 212(b)(1))

(20 U.S.C. 1223) is amended to read as follows:

‘‘FORWARD FUNDING

‘‘SEC. 420. (a) To the end of affording the responsible Federal,

State, and local officers adequate notice of available Federal financial assistance for carrying out ongoing education activities and

projects, appropriations for grants, contracts, or other payments

under any applicable program are authorized to be included in

the appropriations Act for the fiscal year preceding the fiscal year

during which such activities and projects shall be carried out.

‘‘(b) In order to effect a transition to the timing of appropriation

action authorized by subsection (a), the application of this section

may result in the enactment, in a fiscal year, of separate appropriations for an applicable program (whether in the same appropriations

Act or otherwise) for two consecutive fiscal years.’’.

SEC. 232. AVAILABILITY OF APPROPRIATIONS.

(a) AMENDMENT TO HEADING.—The heading for section 421

of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1225)

is amended to read as follows:

‘‘AVAILABILITY OF APPROPRIATIONS ON ACADEMIC OR SCHOOL-YEAR

BASIS; ADDITIONAL PERIOD FOR OBLIGATION OF FUNDS’’.

(b) AMENDMENT TO TEXT.—Section 421 of the Act (20 U.S.C.

1225) is further amended—

(1) in subsection (a)—

(A) by striking ‘‘to educational agencies or institutions’’;

(B) by striking ‘‘expenditure’’ and inserting ‘‘obligation’’;

and

(C) by striking ‘‘agency or institution concerned’’ and

inserting ‘‘recipient’’;

(2) in subsection (b), by striking ‘‘(b) Notwithstanding’’ and

inserting ‘‘(b)(1) Notwithstanding’’; and
H. R. 6—398

(3) in subsection (c), by striking ‘‘section 3679(d)(2) of the

Revised Statutes’’ and inserting ‘‘section 1341(a) of title 31,

United States Code’’.

SEC. 233. CONTINGENT EXTENSION OF PROGRAMS.

Section 422 of the Act (as redesignated by section 212(b)(1))

(20 U.S.C. 1226a) is amended to read as follows:

‘‘CONTINGENT EXTENSION OF PROGRAMS

‘‘SEC. 422. (a) The authorization of appropriations for, or duration of, an applicable program shall be automatically extended

for one additional fiscal year unless Congress, in the regular session

that ends prior to the beginning of the terminal fiscal year of

such authorization or duration, has passed legislation that becomes

law and extends or repeals the authorization or duration of such

program.

‘‘(b) The amount authorized to be appropriated for the period

of automatic extension under subsection (a) of an applicable program shall be the amount authorized to be appropriated for such

program for the terminal fiscal year of the applicable program.

‘‘(c) If the Secretary is required, in the terminal fiscal year

of an applicable program, to carry out certain acts or make certain

determinations that are necessary for the continuation of such

program, such acts or determinations shall be required to be carried

out or made during the period of automatic extension under subsection (a).

‘‘(d) This section shall not apply to the authorization of appropriations for a commission, council, or committee which is required

by an applicable statute to terminate on a date certain.’’.

SEC. 234. STATE REPORTS.

Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.)

is amended by inserting before section 425 (as redesignated by

section 212(b)(1)) the following new section:

‘‘RESPONSIBILITY OF STATES TO FURNISH INFORMATION

‘‘SEC. 424. (a) Each State educational agency shall submit to

the Secretary a report on or before March 15 of every second

year. Each such report shall include— ‘‘(1) information with respect to the uses of Federal funds

in such State in the two preceding fiscal years under any

applicable program under the jurisdiction of the State educational agency; and

‘‘(2) information with respect to the uses of Federal funds

in such State in the two preceding fiscal years under any

Federal program administered by the State that provided

grants or contracts to a local educational agency in the State.

‘‘(b) Each report submitted under subsection (a) shall—

‘‘(1) list, with respect to each program for which information

is provided, all grants made to and contracts entered into

with local educational agencies and other public and private

agencies and institutions within the State during each fiscal

year concerned;

‘‘(2) analyze the information included in the report by local

educational agency and by program;
H. R. 6—399

‘‘(3) include the total amount of funds available to the

State under each such program for each fiscal year concerned;

and

‘‘(4) be made readily available by the State to local educational agencies and institutions within the State and to the

public.

‘‘(c) If the Secretary does not receive a report by the date

required under subsection (a), or receives an incomplete report,

the Secretary, not later than 30 days after such report is required

to be submitted, shall take all reasonable measures to obtain the

delinquent or incomplete information from the State educational

agency.

‘‘(d) When the Secretary receives a report required under subsection (a), the Secretary shall provide such information to the

National Center for Education Statistics, and shall make such

information available, at a reasonable cost, to any individual who

requests such information.

‘‘(e) The Secretary shall consult with the Speaker and Minority

Leader of the House of Representatives and the Majority and Minority Leaders of the Senate regarding the costs and feasibility of

making the information described in subsection (a) available as

part of a telecommunications network that is readily accessible

to every member of Congress and other interested parties.

‘‘(f) On or before August 15 of each year in which reports

are submitted under subsection (a), the Secretary shall submit

a report to the Committee on Education and Labor of the House

of Representatives and the Committee on Labor and Human

Resources of the Senate. Such report shall include—

‘‘(1) an analysis of the content and data quality of such

reports;

‘‘(2) a compilation of statistical data derived from such

reports; and

‘‘(3) information obtained by the Secretary with respect

to—

‘‘(A) direct grants made to local educational agencies

by the Federal Government; and ‘‘(B) contracts entered into between such agencies and

the Federal Government.’’.

SEC. 235. BIENNIAL EVALUATION REPORT.

Section 425 of the Act (as redesignated by section 212(b)(1))

(20 U.S.C. 1226c) is amended to read as follows:

‘‘BIENNIAL EVALUATION REPORT

‘‘SEC. 425. Not later than March 31, 1995, and every two

years after such date, the Secretary shall transmit to the Committee

on Education and Labor of the House of Representatives and the

Committee on Labor and Human Resources of the Senate an evaluation report on the effectiveness of applicable programs in achieving

such programs’ legislated intent and purposes during the two

preceding fiscal years. Such report shall—

‘‘(1) contain program profiles that include legislative citations, multiyear funding histories, and legislated purposes;

‘‘(2) contain recent information on the progress being made

toward the achievement of program objectives, including listings of program performance indicators, data from performance
H. R. 6—400

measurement based on the indicators, and information on the

costs and benefits of the applicable programs being evaluated; ‘‘(3) address significant program activities, such as initia- tives for program improvement, regulations, and program monitoring and evaluation; ‘‘(4) list the principal analyses and studies supporting the major conclusions in such report; ‘‘(5) be prepared in concise summary form with necessary detailed data and appendixes, including available data to

indicate the effectiveness of the programs and projects by the

race, sex, disability and age of beneficiaries of such programs

and projects; and ‘‘(6) include the results of the program evaluations con- ducted in accordance with section 14701 of the Elementary

and Secondary Education Act of 1965.’’.

SEC. 236. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM

BENEFICIARIES.

Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is further amended by inserting after section 426 (as redesignated

by section 212(b)(1)) the following new section:

‘‘EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM

BENEFICIARIES

‘‘SEC. 427. (a) The purpose of this section is to assist the

Department in implementing the Department’s mission to ensure

equal access to education and to promote educational excellence

throughout the Nation, by— ‘‘(1) ensuring equal opportunities to participate for all eligible students, teachers, and other program beneficiaries in

any project or activity carried out under an applicable program;

and

‘‘(2) promoting the ability of such students, teachers, and beneficiaries to meet high standards.

‘‘(b) The Secretary shall require each applicant for assistance under an applicable program (other than an individual) to develop

and describe in such applicant’s application the steps such applicant

proposes to take to ensure equitable access to, and equitable participation in, the project or activity to be conducted with such assistance, by addressing the special needs of students, teachers, and

other program beneficiaries in order to overcome barriers to equitable participation, including barriers based on gender, race, color,

national origin, disability, and age. ‘‘(c) The Secretary may establish criteria and provide technical assistance for meeting the requirements of this section. ‘‘(d) Nothing in this section shall be construed to alter in any way the rights or responsibilities established under the laws

cited in section 400(d) of this Act.’’.

SEC. 237. COORDINATION.

Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.)

is further amended by adding at the end the following new section:

‘‘COORDINATION

‘‘SEC. 428. The National Assessment Governing Board, the Advisory Council on Education Statistics, the National Education

Goals Panel, the National Education Standards and Improvement
H. R. 6—401

Council, and any other board established to analyze, address, or

approve education content or student performance standards and

assessments shall coordinate and interact with one another in order

to ensure that each such entity does not duplicate activities to

assist the States in reforming their educational systems.’’.

SEC. 238. DISCLOSURE REQUIREMENTS.

Subpart 2 of part B of the Act (20 U.S.C. 1226b) is further amended by inserting after section 428 (as added by section 237)

the following new section:

‘‘DISCLOSURE REQUIREMENTS

‘‘SEC. 429. (a) IN GENERAL.—Each educational organization, prior to enrolling a minor and prior to accepting funds for the

cost of a minor’s participation in an educational program operated

by such organization, shall disclose the following information in

written form to the minor or the minor’s parent. ‘‘(1) METHOD OF SOLICITATION AND SELECTION.—The

method of solicitation and selection of participants in the educational program, including— ‘‘(A) the origin of any mailing list used for such solicita- tion and selection;

‘‘(B) any recruitment through a local school official, teacher, or school personnel, including any compensation

or other benefit offered to such official, teacher, or personnel for the recommendation of a minor for participation

in the educational program; ‘‘(C) any open enrollment activity, including the method of outreach; and

‘‘(D) any cooperation with, or sponsorship by, a membership organization, including a description of the cooperation or sponsorship and the name of each such organization.

‘‘(2) COST AND FEES.—Information regarding the cost of

the educational program and information regarding the distribution of any enrollment fee, including— ‘‘(A) the amount paid for, and the percentage of the

total educational program cost of, each feature of the educational program, including— ‘‘(i) food;

‘‘(ii) lodging;

‘‘(iii) transportation;

‘‘(iv) program staffing;

‘‘(v) textbooks, syllabi, or other scholastic educational program materials; ‘‘(vi) speaker fees; and

‘‘(vii) administrative expenses, including expenses

related to—

‘‘(I) the preparation of nonscholastic educational program materials;

‘‘(II) the provision of financial assistance;

‘‘(III) mailing list rental or other recruitment

activity; and

‘‘(IV) administrative salaries and consulting

fees;

‘‘(B) the identity of the organization or business providing each of the features described in clauses (i) through

(vii) of subparagraph (A); and
H. R. 6—402

‘‘(C) the nature of any relationship of any board member, officer, or employee of the educational organization

to any organization or business described in subparagraph

(B), including the salary or other compensation paid by

such organization or business to such board member, officer, or employee.

‘‘(b) NONDISCRIMINATORY ENROLLMENT AND SERVICE POLICY.—

‘‘(1) IN GENERAL.—Each educational organization shall

include a verifiable statement in all enrollment or recruitment

material that the educational organization does not—

‘‘(A) fail or refuse to hire, or discharge, any individual,

or otherwise discriminate against any individual with

respect to compensation, terms, conditions, or privileges

of employment; or

‘‘(B) exclude any student from participation in an educational program, discriminate against any student in

providing the benefits associated with such program

(including any scholarship or financial assistance, and use

of any facility), or subject the student to discrimination

under such program, on the basis of race, disability, or

residence in a low-income area.

‘‘(2) CONSTRUCTION.—Nothing in this subsection shall be

construed to entitle a student to—

‘‘(A) participation in an educational program or any

benefit associated with such program; or

‘‘(B) a waiver of any fee charged for such participation

or benefit.

‘‘(c) ENFORCEMENT.—The Secretary shall— ‘‘(1)(A) widely disseminate information about the requirements of this section to State and local school officials and

parents; and

‘‘(B) require educational organizations to submit appropriate information or assurances regarding such organizations’

compliance with this section; and

‘‘(2) take whatever other steps the Secretary determines

are appropriate to enforce this section, including— ‘‘(A) promulgating regulations;

‘‘(B) establishing a complaint process;

‘‘(C) referring complaints to the relevant Federal, State,

or local authorities for appropriate action;

‘‘(D) alerting educational agencies, schools, and parents

to the practices of educational organizations that violate

the provisions of this section; and

‘‘(E) imposing civil fines (not to exceed $1,000 per viola- tion) on educational organizations that knowingly violate

this section.

‘‘(d) DEFINITIONS.—As used in this section:

‘‘(1) DISABILITY.—The term ‘disability’ has the same meaning given to such term by section 3(2) of the Americans with

Disabilities Act of 1990.

‘‘(2) EDUCATIONAL ORGANIZATION.—(A) Except as provided

in subparagraphs (B) and (C), the term ‘educational organization’ means any organization or entity that—

‘‘(i) provides an educational program for a fee; and

‘‘(ii) recruits students through means such as commercial media, direct mailings, school recruitment programs,

school administrators, teachers or staff, or current or
H. R. 6—403

former participants in an educational program offered by

such organization or entity.

‘‘(B) The definition in subparagraph (A) shall not include—

‘‘(i) a local educational agency, State educational

agency, a State department of education, or an elementary

or secondary school as defined by the Elementary and

Secondary Education Act of 1965;

‘‘(ii) an institution of higher education as defined by

section 1201(a) of the Higher Education Act of 1965; or

‘‘(iii) a local organization sponsored by an elementary

or secondary school, a recreational organization, an entertainment organization, a local sports activity group, or

a social club.

‘‘(C) For the purpose of subsection (a) only, such term

does not include an organization or entity that provides an

educational program if such organization or entity—

‘‘(i) recruits, for participation in such program, solely

through a local school official; and

‘‘(ii) does not offer a local school official, teacher, or

other school personnel compensation (other than compensation for actual expenses incurred in performing chaperon

activities or for participating in separate, professionallystaffed teacher training and technical assistance seminars

and workshops related to such program) or any other benefit for such recruitment.

‘‘(3) EDUCATIONAL PROGRAM.—(A) Except as provided in

subparagraph (B), the term ‘educational program’ means a special honors program, seminar, citizenship experience, government study program, educational vacation, student exchange

program, or other educational experience or honor—

‘‘(i) that is generally directed toward minors or secondary school students;

‘‘(ii) for which a tuition or enrollment fee is charged;

‘‘(iii) that is offered away from a student’s regular

place of school attendance;

‘‘(iv) that includes not less than one supervised night

away from home; and

‘‘(v) that is intended to enhance a student’s regular

course of study.

‘‘(B) Such term does not include a recreational program,

or a social or religious activity.

‘‘(4) LOCAL SCHOOL OFFICIAL.—The term ‘local school official’ means the highest administrative official serving a school

district, or such individual’s designee.

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

has not attained the age of 18 years.

‘‘(6) MEMBERSHIP ORGANIZATION.—The term ‘membership

organization’ includes any organization that maintains a membership list or collects dues or membership fees from its members.

‘‘(7) RECREATIONAL ORGANIZATION.—The term ‘recreational

organization’ includes any organization or entity that has as

its primary function pleasure, amusement, or sports activities.

‘‘(8) RECREATIONAL PROGRAM.—The term ‘recreational program’ includes any activity or service that is intended as an

entertainment pastime.’’.
H. R. 6—404

PART D—ADMINISTRATION OF EDUCATION

PROGRAMS

SEC. 241. JOINT FUNDING OF PROGRAMS.

Section 430 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1231) is amended to read as follows:

‘‘JOINT FUNDING OF PROGRAMS

‘‘SEC. 430. (a)(1) The Secretary is authorized to enter into arrangements with other Federal agencies to jointly carry out

projects of common interest, to transfer to such agencies funds

appropriated under any applicable program, and to receive and

use funds from such agencies, for projects of common interest. ‘‘(2) Funds transferred or received pursuant to paragraph (1) shall be used only in accordance with the statutes authorizing

the appropriation of such funds, and shall be made available by

contract or grant only to recipients eligible to receive such funds

under such statutes.

‘‘(3) If the Secretary enters into an agreement under this sub- section for the administration of a project, the agency administering

the project shall use such agency’s procedures to award contracts

or grants and to administer such awards, unless the parties to

the agreement specify the use of procedures of another agency

that is a party to the agreement. ‘‘(4) If the Secretary has entered into an agreement authorized under this subsection and the Secretary and the heads of the

other agencies participating in the agreement determine that joint

funding is necessary to address a special need consistent with

the purposes and authorized activities of each program that provides

funding under the joint project, the Secretary and the heads of

the other participating agencies may develop a single set of criteria

for the jointly funded project and require each applicant for such

project to submit a single application for review by the participating

agencies.

‘‘(b) The Secretary may develop the criteria for, and require

the submission of, joint applications under two or more applicable

programs under which funds are awarded on a competitive basis,

and may jointly review and approve such applications separately

from other applications under such programs, when the Secretary

determines that such joint awards are necessary to address a special

need consistent with the purposes and authorized activities of each

such program. Any applicant for such a joint award shall meet

the eligibility requirements of each such program. ‘‘(c) The Secretary may not construe the provisions of this

section to take precedence over a limitation on joint funding contained in an applicable statute.

‘‘(d)(1) The Secretary shall provide notice to the Committee

on Education and Labor of the House of Representatives and to

the Committee on Labor and Human Resources of the Senate of

each joint funding agreement made with other Federal agencies

not later than 60 days after the making of such agreements.

‘‘(2) Such notice shall include—

‘‘(A) a description of the purpose and objectives of the

joint funding arrangement;

‘‘(B) the amounts and sources, by program, of the funds

dedicated to such arrangement; and
H. R. 6—405

‘‘(C) the criteria developed to govern the award of contracts and grants.’’.

SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.

Section 431 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1231a) is amended to read as follows:

‘‘COLLECTION AND DISSEMINATION OF INFORMATION

‘‘SEC. 422. The Secretary shall—

‘‘(1) prepare and disseminate to State and local educational

agencies and institutions information concerning applicable programs, and cooperate with other Federal officials who administer programs affecting education in disseminating information

concerning such programs; ‘‘(2) inform the public regarding federally supported edu- cation programs; and ‘‘(3) collect data and information on applicable programs for the purpose of obtaining objective measurements of the

effectiveness of such programs in achieving the intended purposes of such programs.’’.

SEC. 243. REVIEW OF APPLICATIONS.

Section 432 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1231b–2) is amended—

(1) in subsection (a)—

(A) by striking ‘‘Commissioner’’ and inserting ‘‘Secretary’’; (B) by striking ‘‘and in the case of the program provided for in title I of the Elementary and Secondary Education

Act of 1965,’’;

(C) in the third sentence by inserting a comma after ‘‘the hearing’’; and (D) in the fourth sentence—

(i) by striking the comma after ‘‘guidelines’’; and

(ii) by inserting a comma after ‘‘program’’; (2) in subsection (b), by striking ‘‘Commissioner’’ each place such term appears and inserting ‘‘Secretary’’; and (3) in subsection (d)—

(A) by striking ‘‘Commissioner’’ each place such term appears and inserting ‘‘Secretary’’; and (B) by inserting before the period ‘‘or issue such other orders as the Secretary may deem appropriate to achieve

such compliance’’.

SEC. 244. PARENTAL INVOLVEMENT AND DISSEMINATION.

The matter preceding paragraph (1) of section 434 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1231d) is amended—

(1) in the first sentence—

(A) by striking ‘‘Commissioner’’ and inserting ‘‘Secretary’’; and (B) by striking ‘‘he’’ and inserting ‘‘the Secretary’’; and (2) in the second sentence by inserting ‘‘is made’’ after

‘‘such determination’’.

SEC. 245. USE OF FUNDS WITHHELD.

Section 435 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1231e) is amended to read as follows:
H. R. 6—406

‘‘USE OF FUNDS WITHHELD

‘‘SEC. 435. (a) At any time that the Secretary makes an allotment or reallotment to any State under any applicable program,

the Secretary shall reduce such allotment or reallotment by such

amount as the Secretary determines such allotment or reallotment

would have been reduced, had the data on which such allotment

or reallotment is based excluded all data relating to local educational agencies of the State that, on the date of the Secretary’s

action, are ineligible to receive the Federal financial assistance

involved because of failure to comply with title VI of the Civil

Rights Act of 1964, title IX of the Education Amendments of 1972,

section 504 of the Rehabilitation Act of 1973, or the Age Discrimination Act of 1975.

‘‘(b) The Secretary may use any funds withheld under subsection (a)—

‘‘(1) to increase the allotments or reallotments of local

educational agencies within the State that are not described

in subsection (a), or the allotments or reallotment of all States,

in accordance with the Federal law governing the program;

or

‘‘(2) for grants to local educational agencies of that State

in accordance with section 405 of the Civil Rights Act of 1964,

or for any other program administered by the Department

that is designed to enhance equity in education or redress

discrimination on the basis of race, color, national origin, sex,

age, or disability.’’.

SEC. 246. APPLICATIONS.

Section 436 of the Act (as redesignated by section 212(b)(1))

(20 U.S.C. 1231g) is amended—

(1) in subsection (a), by striking ‘‘for three fiscal years’’

and inserting ‘‘for more than one fiscal year’’; and

(2) by striking ‘‘Commissioner’’ each place such term

appears and inserting ‘‘Secretary’’.

SEC. 247. REGULATIONS.

Section 437 of the Act (as redesignated by section 212(b)(1))

(20 U.S.C. 1232) is amended to read as follows:

‘‘REGULATIONS

‘‘SEC. 437. (a) For the purpose of this section, the term ‘regulation’ means any generally applicable rule, regulation, guideline,

interpretation, or other requirement that—

‘‘(1) is prescribed by the Secretary or the Department;

and

‘‘(2) has legally binding effect in connection with, or affecting, the provision of financial assistance under any applicable

program.

‘‘(b) Regulations shall contain, immediately following each substantive provision of such regulations, citations to the particular

section or sections of statutory law or other legal authority on

which such provision is based.

‘‘(c) All regulations shall be uniformly applied and enforced

throughout the 50 States.
H. R. 6—407

‘‘(d) The exemption for public property, loans, grants and bene- fits in section 553(a)(2) of title 5, United States Code, shall apply

only to regulations— ‘‘(1) that govern the first grant competition under a new or substantially revised program authority as determined by

the Secretary; or ‘‘(2) where the Secretary determines that the requirements of this subsection will cause extreme hardship to the intended

beneficiaries of the program affected by such regulations.

‘‘(e) Not later than 60 days after the date of enactment of any Act, or any portion of any Act, affecting the administration

of any applicable program, the Secretary shall submit to the

Committee on Education and Labor of the House of Representatives

and the Committee on Labor and Human Resources of the Senate

a schedule in accordance with which the Secretary plans to promulgate final regulations that the Secretary determines are necessary

to implement such Act or portion of such Act. Such schedule shall

provide that all such final regulations shall be promulgated within

360 days after the date of enactment of such Act or portion of

such Act.

‘‘(f) Concurrently with the publication of any final regulations, the Secretary shall transmit a copy of such final regulations to

the Speaker of the House of Representatives and the President

pro tempore of the Senate.’’.

SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.

Section 443 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1232f) is amended—

(1) in subsection (a)—

(A) by striking ‘‘grant, subgrant, contract, subcontract, loan, or other arrangement (other than procurement contracts awarded by an administrative head of an educational

agency)’’ and inserting ‘‘grant, subgrant, cooperative agreement, loan, or other arrangement’’; (B) by inserting ‘‘financial or programmatic’’ before ‘‘audit.’’; and

(C) in the last sentence, by striking ‘‘five’’ and inserting ‘‘three’’; and

(2) in subsection (b), by striking ‘‘to any records of a recipi- ent which may be related, or pertinent to, the grants, subgrants,

contracts, subcontracts, loans, or other arrangements’’ and

inserting ‘‘to any records maintained by a recipient that may

be related, or pertinent to, grants, subgrants, cooperative agreements, loans, or other arrangements’’.

SEC. 249. PRIVACY RIGHTS.

Section 444 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1232g) is amended— (1) in subsection (a)—

(A) in paragraph (1)—

(i) by redesignating subparagraphs (B) and (C)

as subparagraphs (C) and (D), respectively;

(ii) by inserting after subparagraph (A) the following new subparagraph:

‘‘(B) No funds under any applicable program shall be made available to any State educational agency (whether

or not that agency is an educational agency or institution

under this section) that has a policy of denying, or effec-
H. R. 6—408

tively prevents, the parents of students the right to inspect

and review the education records maintained by the State

educational agency on their children who are or have been

in attendance at any school of an educational agency or

institution that is subject to the provisions of this section.’’;

(iii) in clause (iii) of subparagraph (C) (as redesignated by clause (i)), by striking ‘‘(C)’’ and inserting

‘‘(D)’’; and

(iv) in subparagraph (D) (as redesignated by clause

(i)), by striking ‘‘(B)’’ and inserting ‘‘(C)’’; and

(B) in paragraph (2), by striking ‘‘or other rights’’ and

inserting ‘‘rights’’;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) in subparagraph (A), by inserting ‘‘, including

the educational interests of the child for whom consent

would otherwise be required’’ before the semicolon;

(ii) by amending subparagraph (E) to read as follows:

‘‘(E) State and local officials or authorities to whom such

information is specifically allowed to be reported or disclosed

pursuant to State statute adopted—

‘‘(i) before November 19, 1974, if the allowed reporting

or disclosure concerns the juvenile justice system and such

system’s ability to effectively serve the student whose

records are released, or

‘‘(ii) after November 19, 1974, if—

‘‘(I) the allowed reporting or disclosure concerns

the juvenile justice system and such system’s ability

to effectively serve, prior to adjudication, the student

whose records are released; and

‘‘(II) the officials and authorities to whom such

information is disclosed certify in writing to the educational agency or institution that the information will

not be disclosed to any other party except as provided

under State law without the prior written consent of

the parent of the student.’’;

(iii) in subparagraph (H), by striking ‘‘and’’ after

the semicolon;

(iv) in subparagraph (I), by striking the period

and inserting ‘‘; and’’; and (v) by adding at the end the following new subparagraph:

‘‘(J)(i) the entity or persons designated in a Federal

grand jury subpoena, in which case the court shall order,

for good cause shown, the educational agency or institution

(and any officer, director, employee, agent, or attorney for

such agency or institution) on which the subpoena is served,

to not disclose to any person the existence or contents

of the subpoena or any information furnished to the grand

jury in response to the subpoena; and

‘‘(ii) the entity or persons designated in any other

subpoena issued for a law enforcement purpose, in which

case the court or other issuing agency may order, for good

cause shown, the educational agency or institution (and

any officer, director, employee, agent, or attorney for such

agency or institution) on which the subpoena is served,
H. R. 6—409

to not disclose to any person the existence or contents

of the subpoena or any information furnished in response

to the subpoena.’’;

(B) in paragraph (2)—

(i) in the matter preceding subparagraph (A), by

striking the period and inserting ‘‘, unless—’’; and

(ii) in subparagraph (B), by inserting ‘‘except as

provided in paragraph (1)(J),’’ before ‘‘such information’’; and

(C) in subparagraph (B) of paragraph (4), by adding

at the end the following new sentence: ‘‘If a third party

outside the educational agency or institution permits access

to information in violation of paragraph (2)(A), or fails

to destroy information in violation of paragraph (1)(F),

the educational agency or institution shall be prohibited

from permitting access to information from education

records to that third party for a period of not less than

five years.’’;

(3) in subsection (c), by striking ‘‘The Secretary shall adopt

appropriate regulations to’’ and inserting ‘‘Not later than 240

days after the date of enactment of the Improving America’s

Schools Act of 1994, the Secretary shall adopt appropriate

regulations or procedures, or identify existing regulations or

procedures, which’’;

(4) in subsection (e), by inserting ‘‘effectively’’ before

‘‘informs’’; and

(5) by adding at the end the following new subsection:

‘‘(h) Nothing in this section shall prohibit an educational agency

or institution from—

‘‘(1) including appropriate information in the education

record of any student concerning disciplinary action taken

against such student for conduct that posed a significant risk

to the safety or well-being of that student, other students,

or other members of the school community; or ‘‘(2) disclosing such information to teachers and school officials, including teachers and school officials in other schools,

who have legitimate educational interests in the behavior of

the student.’’.

SEC. 250. ENFORCEMENT.

(a) RECOVERY OF FUNDS.—Section 452 of the Act (20 U.S.C.

1234a) is amended—

(1) in the first sentence of paragraph (2) of subsection (a), by striking ‘‘stating’’ and all that follows through the end

of such sentence and inserting ‘‘establishing a prima facie case

for the recovery of funds, including an analysis reflecting the

value of the program services actually obtained in a determination of harm to the Federal interest.’’;

(2) in the first sentence of paragraph (1) of subsection

(b), by striking ‘‘30’’ and inserting ‘‘60’’; and

(3) in subsection (d), by—

(A) striking ‘‘(d) Upon’’ and inserting ‘‘(d)(1) Upon’’;

and

(B) adding at the end the following new paragraph:

‘‘(2) During the conduct of such review, there shall not be

any ex parte contact between the Secretary and individuals representing the Department or the recipient.’’.
H. R. 6—410

(b) USE OF RECOVERED FUNDS.—Section 459 of the Act (20

U.S.C. 1234h) is amended—

(1) in paragraph (1) of subsection (a), by inserting ‘‘, pro- vided that the recipient was notified of any noncompliance

with such requirements and given a reasonable period of time

to remedy such noncompliance’’ before the semicolon; and (2) by amending subsection (c) to read as follows: ‘‘(c) Notwithstanding any other provisions of law, the funds made available under this section shall remain available for

expenditure for a period of time deemed reasonable by the Secretary, but in no case to exceed more than three fiscal years following the later of— ‘‘(1) the fiscal year in which final agency action under section 452(e) is taken; or

‘‘(2) if such recipient files a petition for judicial review, the fiscal year in which final judicial action under section

458 is taken.’’.

PART E—TECHNICAL AND CONFORMING

AMENDMENTS

SEC. 261. TECHNICAL AND CONFORMING AMENDMENTS.

(a) PAYMENTS.—Section 423 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1226a–1) is amended by striking

‘‘Commissioner’’ and inserting ‘‘Secretary’’. (b) PROGRAM PLANNING AND EVALUATION.—Section 426 of the

Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1228) is

amended—

(1) by striking ‘‘title I of’’ and all that follows through ‘‘Congress)’’ and inserting ‘‘title VIII of the Elementary and

Secondary Education Act of 1965’’; and (2) by striking ‘‘subparagraph (C) of section 3(d)(2) or sec- tion 403(1)(C) of that Act’’ and inserting ‘‘subsections (d) and

(g) of section 8003 of such Act or residing on property described

in section 8013(10) of such Act’’.

(c) HEADING FOR PART C.—The heading for part C of the Act (20 U.S.C. 1230 et seq.) is amended by striking ‘‘COMMISSIONER

OF EDUCATION’’ and inserting ‘‘SECRETARY’’.

(d) SECTION 439.—Section 439 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1232b) is amended by striking ‘‘Except

for emergency relief under section 7 of the Act of September 30,

1950 (Public Law 874, Eighty-first Congress), all laborers’’ and

inserting ‘‘All laborers’’. (e) SECTION 440.—

(1) AMENDMENT TO HEADING.—The heading for section 440 of the Act (as redesignated by section 212(b)(1)) (20 U.S.C.

1232c) is amended by striking ‘‘EDUCATIONAL’’.

(2) AMENDMENT TO TEXT.—Section 440 of the Act (as

redesignated by section 212(b)(1)) (20 U.S.C. 1232c) is

amended—

(A) by striking ‘‘Commissioner’’ each place such term

appears and inserting ‘‘Secretary’’; (B) by redesignating the matter following paragraph (3) of subsection (b) as subsection (c); and

(C) in subsection (c) (as redesignated by subparagraph

(B)), by striking ‘‘paragraph (3)’’ and inserting ‘‘subsection

(b)(3)’’.
H. R. 6—411

(f) SECTION 441.—Section 441 of the Act (as redesignated by

section 212(b)(1)) (20 U.S.C. 1232d) is amended—

(1) by striking ‘‘Commissioner’’ each place such term

appears and inserting ‘‘Secretary’’; and

(2) in the first sentence of subsection (a)—

(A) by striking the comma after ‘‘submits a plan’’;

(B) by striking ‘‘, in the case of programs under chapter

1 and chapter 2 of title I of the Elementary and Secondary

Education Act of 1965,’’; and

(C) by striking ‘‘title V of such Act’’ and inserting

‘‘part C of title V of the Elementary and Secondary Education Act of 1965’’.

(g) SECTION 442.—Section 442 of the Act (as redesignated by

section 212(b)(1)) (20 U.S.C. 1232e) is amended—

(1) in subsection (a), by striking ‘‘that local education

agency’’ and inserting ‘‘that local educational agency’’; and

(2) in subsection (b)—

(A) in paragraph (2), by inserting a comma after ‘‘program’’;

(B) in paragraph (4), by striking ‘‘Commissioner’’ each

place such term appears and inserting ‘‘Secretary’’; and

(C) in subparagraph (B) of paragraph (7), by striking

‘‘handicapped individuals’’ and inserting ‘‘individuals with

disabilities’’.

(h) SECTION 444.—Section 444 of the Act (as redesignated by

section 212(b)(1) and amended by section 249) (20 U.S.C. 1232g)

is further amended—

(1) in clause (ii) of subsection (a)(4)(B), by striking the

period and inserting a semicolon;

(2) in subsection (b)—

(A) in subparagraph (C) of paragraph (1), by striking

‘‘(iii) an administrative head of an education agency (as

defined in section 408(c)), or (iv)’’ and inserting ‘‘or (iii)’’;

(B) in subparagraph (H) of paragraph (1), by striking

‘‘1954’’ and inserting ‘‘1986’’; and

(C) in paragraph (3)—

(i) by striking ‘‘(C) an administrative head of an

education agency or (D)’’ and inserting ‘‘or (C)’’; and

(ii) by striking ‘‘education program’’ and inserting

‘‘education programs’’;

(3) in subsection (d), by inserting a comma after ‘‘education’’;

(4) in subsection (f)—

(A) by striking ‘‘, or an administrative head of an

education agency,’’;

(B) by striking ‘‘enforce provisions of this section’’ and

inserting ‘‘enforce this section’’;

(C) by striking ‘‘according to the provisions of’’ and

inserting ‘‘in accordance with’’; and

(D) by striking ‘‘comply with the provisions of this

section’’ and inserting ‘‘comply with this section’’; and

(5) in subsection (g)—

(A) by striking ‘‘of Health, Education, and Welfare’’;

and

(B) by striking ‘‘the provisions of’’.

(i) CONFORMING AMENDMENT AND CROSS REFERENCES.—
H. R. 6—412

(1) CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY

EDUCATION ACT.—Subsection (b) of section 504 of the Carl D.

Perkins Vocational and Applied Technology Education Act (20

U.S.C. 2466a(b)) is amended—

(A) by striking ‘‘240-day’’ and inserting ‘‘360-day’’; and

(B) by striking ‘‘431(g)’’ and inserting ‘‘437(e)’’.

(2) HIGHER EDUCATION ACT OF 1965.—Subsection (c) of section 556 of the Higher Education Act of 1965 (20 U.S.C.

1108d(c)) is amended by striking ‘‘435 and 436’’ and inserting

‘‘441 and 442’’.

(3) EDUCATION AND TRAINING FOR A COMPETITIVE AMERICA

ACT OF 1988.—Paragraph (1) of section 6144 of the Education

and Training for a Competitive America Act of 1988 (20 U.S.C.

5124(1)) is amended by striking ‘‘405(d)(4)(A)(i) of the General

Education Provisions Act (20 U.S.C. 1221e(d)(4)(A)(i))’’ and

inserting ‘‘section 941(h) of the Educational Research, Development, Dissemination, and Improvement Act of 1994 (20 U.S.C.

6041(h))’’.

PART F—RELATED AMENDMENTS TO OTHER

ACTS

SEC. 271. DEPARTMENT OF EDUCATION ORGANIZATION ACT.

(a) REPEALS AND REDESIGNATIONS.—

(1) REPEALS.—Section 427 of the Department of Education

Organization Act (20 U.S.C. 3487) (hereafter in this part

referred to as the ‘‘Act’’) is repealed.

(2) REDESIGNATION.—Sections 209, 210, 211, 212, 214, 303,

304, 305, 306, 307, and 428 of the Act are redesignated as

sections 208, 209, 210, 211, 212, 302, 303, 304, 305, 306, and

427 of the Act, respectively.

(3) CROSS REFERENCES.—(A) Paragraph (2) of section 401(b)

of the Act (20 U.S.C. 3461(b)(2)) is amended by striking ‘‘209’’

and inserting ‘‘208’’.

(B) Paragraph (9) of section 912(l) of the Educational

Research, Development, Dissemination, and Improvement Act

of 1994 (20 U.S.C. 6011(l)(9)) is amended by striking ‘‘209’’

and inserting ‘‘208’’.

(b) GENDER EQUITY.—Subsection (b) of section 202 of the Act

(20 U.S.C. 3412) is amended by inserting after paragraph (2) the

following new paragraph:

‘‘(3) There shall be in the Department, a Special Assistant

for Gender Equity who shall be appointed by the Secretary. The

Special Assistant shall promote, coordinate, and evaluate gender

equity programs, including the dissemination of information, technical assistance, and coordination of research activities. The Special

Assistant shall advise the Secretary and Deputy Secretary on all

matters relating to gender equity.’’. (c) OFFICE OF NON-PUBLIC EDUCATION.—Title II of the Act

(20 U.S.C. 3411 et seq.) is amended by adding immediately before

section 215 the following new section:

‘‘OFFICE OF NON-PUBLIC EDUCATION

‘‘SEC. 214. There shall be in the Department an Office of

Non-Public Education to ensure the maximum potential participa-
H. R. 6—413

tion of non-public school students in all Federal educational programs for which such students are eligible.’’.

(d) RULES; ACQUISITION AND MAINTENANCE OF PROPERTY.—

Part B of title IV of the Act (20 U.S.C. 3471 et seq.) is amended—

(1) in section 414 (20 U.S.C. 1226a)—

(A) by striking ‘‘(a)’’; and

(B) by striking subsection (b); and

(2) in section 421 (20 U.S.C. 1230), by inserting ‘‘and to

accept donations of services,’’ after ‘‘personal,’’.

(e) TABLE OF CONTENTS.—The table of contents contained in

section 1 of the Act (20 U.S.C. 3401 note) is amended to read

as follows:

‘‘TABLE OF CONTENTS

‘‘Sec. 1. Short title; table of contents.

‘‘TITLE I—GENERAL PROVISIONS

‘‘Sec. 101. Findings.

‘‘Sec. 102. Purposes.

‘‘Sec. 103. Federal-State Relationships.

‘‘Sec. 104. Definitions.

‘‘TITLE II—ESTABLISHMENT OF THE DEPARTMENT

‘‘Sec. 201. Establishment.

‘‘Sec. 202. Principal officers.

‘‘Sec. 203. Office for Civil Rights.

‘‘Sec. 204. Office of Elementary and Secondary Education.

‘‘Sec. 205. Office of Postsecondary Education.

‘‘Sec. 206. Office of Vocational and Adult Education.

‘‘Sec. 207. Office of Special Education and Rehabilitative Services.

‘‘Sec. 208. Office of Educational Research and Improvement.

‘‘Sec. 209. Office of Bilingual Education and Minority Languages Affairs.

‘‘Sec. 210. Office of General Counsel.

‘‘Sec. 211. Office of Inspector General.

‘‘Sec. 212. Office of Non-Public Education.

‘‘Sec. 213. Office of Indian Education.

‘‘Sec. 214. Office of Non-Public Education.

‘‘Sec. 215. Office of Indian Education.

‘‘Sec. 216. Office of Bilingual Education and Minority Languages Affairs.

‘‘Sec. 217. Federal Interagency Committee on Education.

‘‘TITLE III—TRANSFERS OF AGENCIES AND FUNCTIONS

‘‘Sec. 301. Transfers from the Department of Health, Education, and Welfare.

‘‘Sec. 302. Transfers from the Department of Labor.

‘‘Sec. 303. Transfers of programs from the National Science Foundation.

‘‘Sec. 304. Transfers from the Department of Justice.

‘‘Sec. 305. Transfers from the Department of Housing and Urban Development.

‘‘Sec. 306. Effect of transfers.

‘‘TITLE IV—ADMINISTRATIVE PROVISIONS

‘‘PART A—PERSONNEL PROVISIONS

‘‘Sec. 401. Officers and employees.

‘‘Sec. 402. Experts and consultants.

‘‘Sec. 403. Personnel reduction and annual limitations.

‘‘PART B—GENERAL ADMINISTRATIVE PROVISIONS

‘‘Sec. 411. General authority.

‘‘Sec. 412. Delegation.

‘‘Sec. 413. Reorganization.

‘‘Sec. 414. Rules.

‘‘Sec. 415. Contracts.

‘‘Sec. 416. Regional and field offices.

‘‘Sec. 417. Acquisition and maintenance of property.

‘‘Sec. 418. Facilities at remote locations.

‘‘Sec. 419. Use of facilities.

‘‘Sec. 420. Copyrights and patents.

‘‘Sec. 421. Gifts and bequests.
H. R. 6—414

‘‘Sec. 422. Technical advice.

‘‘Sec. 423. Working capital fund. ‘‘Sec. 424. Funds transfer.

‘‘Sec. 425. Seal of department. ‘‘Sec. 426. Annual report. ‘‘Sec. 427. Authorization of appropriations.

‘‘TITLE V—TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS

‘‘Sec. 501. Transfer and allocation of appropriations and personnel. ‘‘Sec. 502. Effect on personnel. ‘‘Sec. 503. Agency terminations. ‘‘Sec. 504. Incidental transfers.

‘‘Sec. 505. Savings provisions. ‘‘Sec. 506. Separability. ‘‘Sec. 507. Reference.

‘‘Sec. 508. Amendments.

‘‘Sec. 509. Redesignation. ‘‘Sec. 510. Coordination of programs affecting handicapped individuals. ‘‘Sec. 511. Transition.

‘‘TITLE VI—EFFECTIVE DATE AND INTERIM APPOINTMENTS

‘‘Sec. 601. Effective date.

‘‘Sec. 602. Interim appointments.’’.

SEC. 272. THE REHABILITATION ACT OF 1973.

Section 9 of the Rehabilitation Act of 1973 (29 U.S.C. 706)

is repealed.

TITLE III—AMENDMENTS TO OTHER

ACTS

PART A—AMENDMENTS TO THE INDIVIDUALS

WITH DISABILITIES EDUCATION ACT

SEC. 311. ALLOCATIONS UNDER SECTION 611.

(a) MAXIMUM AMOUNT.—Subsection (a) of section 611 of the

Individuals with Disabilities Education Act (hereafter in this part

referred to as the ‘‘Act’’) (20 U.S.C. 1411(a)) is amended—

(1) by amending paragraph (1) to read as follows:

‘‘(1) Except as provided in paragraph (5), the maximum

amount of the grant for which a State is entitled under this

section for any fiscal year is—

‘‘(A) the sum of—

‘‘(i) the number of children with disabilities in

the State, aged 6 through 21, who are receiving special

education and related services, as determined under

paragraph (3); and

‘‘(ii) if the State is eligible for a grant under section

619, the number of such children in the State, aged

3 through 5; multiplied by

‘‘(B) 40 percent of the average per-pupil expenditure

in public elementary and secondary schools in the United

States.’’;

(2) by amending paragraph (2) to read as follows:

‘‘(2) For the purpose of this section, the term ‘State’ means

each of the 50 States, the District of Columbia, and the

Commonwealth of Puerto Rico.’’; and

(3) in subparagraph (A) of paragraph (5)—

(A) in clause (i)—

(i) by striking ‘‘and the State’’ and inserting ‘‘,

or the combined percentage of such children counted
H. R. 6—415

by the Secretary for the purpose of making fiscal year

1994 allocations under this section and under subpart

2 of part D of chapter 1 of title I of the Elementary

and Secondary Education Act of 1965 (as such subpart

was in effect on the day preceding the date of enactment of the Improving America’s Schools Act of 1994),

whichever is greater, if the State’’; and

(ii) by inserting ‘‘and’’ after the comma at the

end;

(B) in clause (ii)—

(i) by striking ‘‘and the State’’ and inserting ‘‘,

or the combined percentage of such children counted

by the Secretary for the purpose of making fiscal year

1994 allocations under this section and under subpart

2 of part D of chapter 1 of title I of the Elementary

and Secondary Education Act of 1965 (as such subpart

was in effect on the day preceding the date of enactment of the Improving America’s Schools Act of 1994),

whichever is greater, if the State’’; and

(ii) by striking ‘‘; and’’ and inserting a period;

and

(C) by striking clause (iii).

(b) STATE USES.—Subsection (b) of section 611 of the Act (20

U.S.C. 1411(b)) is amended to read as follows:

‘‘(b)(1) Notwithstanding subsections (a) and (g), no State shall

receive an amount under this section for any of the fiscal years

1995 through 1999 that is less than the sum of the amount such

State received for fiscal year 1994 under— ‘‘(A) this section; and

‘‘(B) subpart 2 of part D of chapter 1 of title I of the

Elementary and Secondary Education Act of 1965 (as such

subpart was in effect on the day preceding the date of enactment of the Improving America’s Schools Act of 1994) for children with disabilities aged 3 through 21.

‘‘(2) If, for fiscal year 1998 or 1999, the number of children determined under subsection (a)(3) for any State is less than the

total number of children with disabilities, aged 3 through 21,

counted for that State’s fiscal year 1994 grants under this section

and under subpart 2 of part D of chapter 1 of title I of the

Elementary and Secondary Education Act of 1965 (as such subpart

was in effect on the day preceding the date of enactment of the

Improving America’s Schools Act of 1994), then the amount determined under paragraph (1) for that State shall be reduced by

the same percentage by which the number of those children so

declined.

‘‘(3)(A) If the sums made available under this part for any

fiscal year are insufficient to pay the full amounts that all States

are eligible to receive under paragraphs (1) and (2) for such year,

the Secretary shall ratably reduce the allocations to such States

for such year.

‘‘(B) If additional funds become available for making payments

under paragraphs (1) and (2) for such fiscal year, allocations that

were reduced under subparagraph (A) shall be increased on the

same basis as such allocations were reduced.’’.

(c) DISTRIBUTION.—Subsection (c) of section 611 of the Act

(20 U.S.C. 1411(c)) is amended—

(1) by amending paragraph (1) to read as follows:
H. R. 6—416

‘‘(1) Of the funds received under subsection (a) by any

State for any fiscal year—

‘‘(A) a State may use not more than 25 percent of

such funds in accordance with paragraph (2); and

‘‘(B) except as provided in paragraph (4), the State

shall distribute at least 75 percent of such funds to local

educational agencies and intermediate educational units,

in accordance with subsection (d), for use in accordance

with priorities established under section 612(3).’’; and

(2) in paragraph (2), by amending subparagraph (A) to

read as follows:

‘‘(A) From the funds that any State may use under

paragraph (1)(A) for any fiscal year, the State—

‘‘(i) may use 5 percent of the funds received under

this section or $450,000, whichever is greater, for

administrative costs related to carrying out sections

612 and 613; and

‘‘(ii) shall use the remainder—

‘‘(I) to provide support services and direct services, subject to subparagraph (B), in accordance

with priorities established under section 612(3);

and

‘‘(II) for the administrative costs of monitoring

and complaint investigation, but only to the extent

that such costs exceed the costs of administration

incurred during fiscal year 1985.’’.

(d) FORMULA.—Subsection (d) of section 611 of the Act (20

U.S.C. 1411(d)) is amended to read as follows:

‘‘(d)(1) From the total amount of funds available for any fiscal year under subsection (c)(1)(B), the State shall provide to each

local educational agency or intermediate educational unit an

amount that bears the same ratio to such total amount as the

number of children, aged 3 through 21, determined under subsection

(a)(3) for such agency or unit bears to the total number of such

children determined for all such agencies and units that apply

for such funds.

‘‘(2)(A) To the extent necessary, the State— ‘‘(i) shall use funds available under subsection (c)(2)(A)(ii)

to ensure that each State agency that received funds for fiscal

year 1994 under subpart 2 of part D of chapter 1 of title

I of the Elementary and Secondary Education Act of 1965

(as such subpart was in effect on the day preceding the date

of enactment of the Improving America’s Schools Act of 1994)

receives, from the sum of such funds and funds provided under

paragraph (1), an amount equal to—

‘‘(I) the number of children, aged 6 through 21, determined under subsection (a)(3) for such agency; multiplied

by

‘‘(II) the per-child amount provided under such subpart

for fiscal year 1994; and

‘‘(ii) may use such funds to ensure that each local educational agency that received for fiscal year 1994 under such

subpart for children who had transferred from a State-owned,

State-operated, or State-supported school or program assisted

under such subpart receives, from the sum of such funds and

funds provided under paragraph (1), an amount for each such

child, aged 3 through 21, determined under subsection (a)(3)
H. R. 6—417

for such agency, equal to the per-child amount the agency

received under such subpart for fiscal year 1994.

‘‘(B) For the purpose of subparagraph (A), the number of children determined under subsection (a)(3) for any State agency or

local educational agency shall not exceed the number of children

aged 3 through 21 for whom such agency received funds under

such subpart for such fiscal year.’’.

(e) JURISDICTIONS.—Paragraph (1) of section 611(e) of the Act

(20 U.S.C. 1411(e)(1)) is amended to read as follows:

‘‘(1) The jurisdictions to which this subsection applies are

Guam, American Samoa, the Virgin Islands, the Commonwealth

of the Northern Mariana Islands, and Palau (until the Compact

of Free Association with the Government of Palau takes

effect).’’.

(f) INSUFFICIENT APPROPRIATIONS.—Subsection (g) of section 611

of the Act (20 U.S.C. 1411(g)) is amended to read as follows:

‘‘(g)(1)(A) If the sums appropriated under subsection (h) for

any fiscal year are not sufficient to pay in full the total of the

amounts that all States are eligible to receive under subsection

(a), each such amount shall be ratably reduced.

‘‘(B) If additional funds become available for making such payments for any fiscal year, such reduced amounts shall be increased

on the same basis as such payments were reduced.

‘‘(C) Any State that receives any such additional funds shall

distribute such funds in accordance with this section, except that

any State that has used funds available under subsection (c)(2)(A)(ii)

for the purposes described in subsection (d)(2) may—

‘‘(i) deduct, from the amount that the State would otherwise

be required to make available to local educational agencies

and intermediate educational units, the same amount of such

additional funds as the State so used; and

‘‘(ii) use such funds in accordance with subsection

(c)(2)(A)(ii).

‘‘(2)(A) In any fiscal year for which payments have been reduced

and additional funds have not been made available under paragraph

(1) to pay in full the amounts for which all States are eligible

under this section, each State educational agency shall fix dates

by which each local educational agency or intermediate educational

unit shall report to the State agency the amount of funds available

to such agency under this section that such agency estimates such

agency will expend.

‘‘(B) The State educational agency shall, in accordance with

this section, reallocate any funds that the State educational agency

determines will not be used during the period of availability by

local educational agencies and intermediate educational units, and

by any such agency or unit to which such funds would be available

if such agency or unit applied for such funds under this part,

to those local educational agencies and intermediate educational

units that the State educational agency determines will need, and

be able to use, additional funds to carry out approved programs.’’.

SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.

Part B of the Act (20 U.S.C. 1411 et seq.) is further amended

by inserting after section 614 the following new section:
H. R. 6—418

‘‘TREATMENT OF CHAPTER 1 STATE AGENCIES

‘‘SEC. 614A. (a) For the purpose of making payments under sections 611 and 619 of this Act, any State agency that received

funds for fiscal year 1994 under subpart 2 of part D of chapter

1 of title I of the Elementary and Secondary Education Act of

1965 (as such subpart was in existence on the day preceding the

date of enactment of the Improving America’s Schools Act of 1994)

shall be treated as if the State agency were a local educational

agency. ‘‘(b) Any State agency which desires to receive payments under section 611(d) and section 619(c)(3) for any fiscal year shall submit

an application to the State educational agency. Such application

shall—

‘‘(1) include an assurance that all children with disabilities

who are participating in programs and projects funded under

this part receive a free appropriate public education, and that

such children and their parents are provided all the rights

and procedural safeguards described in this part; and ‘‘(2) meet those requirements of section 614 that the Secretary finds appropriate.

‘‘(c) Section 611(c)(4) shall not apply with respect to a State agency that is eligible for a payment under this part by application

of this section.’’.

SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.

(a) AMENDMENT.—Subsection (c) of section 684 of the Act (20

U.S.C. 1484) is amended—

(1) by redesignating paragraph (2) as paragraph (6);

(2) by amending paragraph (1) to read as follows:

‘‘(1) Except as provided in paragraphs (3), (4), and (5) from the funds remaining for each fiscal year after the reservation and payments under subsections (a) and (b), the Secretary

shall first allot to each State an amount that bears the same

ratio to the amount of such remainder as the number of infants

and toddlers in the State bears to the number of infants and

toddlers in all States.’’; and

(3) by inserting after paragraph (1) the following new para- graphs: ‘‘(2) For fiscal year 1995 only, the Secretary shall allot $34,000,000 of the remaining funds described in paragraph

(1) among the States in proportion to their relative numbers

of infants and toddlers with disabilities who—

‘‘(A) are counted on December 1, 1994; and

‘‘(B) would have been eligible to be counted under section 1221(c)(1) of the Elementary and Secondary Education Act of 1965 (as such section was in effect on the

day preceding the date of the enactment of the Improving

America’s Schools Act of 1994).

‘‘(3) Except as provided in paragraphs (4) and (5), no State shall receive an amount under this section for any fiscal year

that is less than the greater of— ‘‘(A) one-half of one percent of the remaining amount described in paragraph (1), excluding any amounts allotted

under paragraph (2); or ‘‘(B) $500,000.

‘‘(4)(A) Except as provided in paragraph (5), no State shall

receive an amount under this section for any of the fiscal
H. R. 6—419

years 1995 through 1999 that is less than the sum of the

amount such State received for fiscal year 1994 under—

‘‘(i) this part; and

‘‘(ii) subpart 2 of part D of chapter 1 of title I of

the Elementary and Secondary Education Act of 1965 (as

such subpart was in existence on the day preceding the

date of enactment of the Improving America’s Schools Act

of 1994) for children with disabilities from birth through

age 2.

‘‘(B) If, for fiscal year 1998 or 1999, the number of infants

and toddlers in any State, as determined under paragraph

(1), is less than the number of infants and toddlers so determined for fiscal year 1994, the amount determined under

subparagraph (A) for that State shall be reduced by the same

percentage by which the number of those infants and toddlers

so declined.

‘‘(5)(A) If the sums made available under this part for

any fiscal year are insufficient to pay the full amounts that

all States are eligible to receive under this subsection for such

year, the Secretary shall ratably reduce the allocations to such

States for such year.

‘‘(B) If additional funds become available for making payments under this subsection for such fiscal year, allocations

that were reduced under subparagraph (A) shall be increased

on the same basis as such allocations were reduced.’’.

(b) EFFECTIVE DATE.—Subsection (a) and the amendments

made by subsection (a) shall take effect on October 1, 1994.

SEC. 314. LOCAL CONTROL OVER VIOLENCE.

(a) AMENDMENTS.— (1) IN GENERAL.—Paragraph (3) of section 615(e) of the Act (20 U.S.C. 1415(e)(3)) is amended—

(A) by striking ‘‘During’’ and inserting ‘‘(A) Except as provided in subparagraph (B), during’’; and (B) by adding at the end the following new subparagraph:

‘‘(B)(i) Except as provided in clause (iii), if the proceedings

conducted pursuant to this section involve a child with a disability who is determined to have brought a weapon to school

under the jurisdiction of such agency, then the child may be

placed in an interim alternative educational setting, in accordance with State law, for not more than 45 days. ‘‘(ii) The interim alternative educational setting described in clause (i) shall be decided by the individuals described in

section 602(a)(20).

‘‘(iii) If a parent or guardian of a child described in clause

(i) requests a due process hearing pursuant to paragraph (2)

of subsection (b), then the child shall remain in the alternative

educational setting described in such clause during the pendency of any proceedings conducted pursuant to this section,

unless the parents and the local educational agency agree otherwise.

‘‘(iv) For the purpose of this section, the term ‘weapon’

means a firearm as such term is defined in section 921 of

title 18, United States Code.’’.

(2) EFFECTIVE DATE.—Paragraph (1) and the amendments

made by paragraph (1) shall be effective during the period
H. R. 6—420

beginning on the date of enactment of this Act and ending

on the date of enactment of an Act (enacted after the date

of the enactment of this Act) that reauthorizes the Individuals

with Disabilities Education Act.

(b) LIMITATION.—Nothing in the Individuals with Disabilities

Education Act shall supersede the provisions of section 14601 of

the Elementary and Secondary Education Act if a child’s behavior

is unrelated to such child’s disability, except that this section shall

be interpreted in a manner that is consistent with the Department’s

final guidance concerning State and local responsibilities under

the Gun-Free Schools Act of 1994.

SEC. 315. FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH

DISABILITIES.

The Individuals with Disabilities Education Act (20 U.S.C. 1400

et seq.) is amended by adding at the end the following new part:

‘‘PART I—FAMILY SUPPORT

‘‘SEC. 701. SHORT TITLE.

‘‘This part may be cited as the ‘Families of Children With

Disabilities Support Act of 1994’.

‘‘SEC. 702. FINDINGS, PURPOSES, AND POLICY.

‘‘(a) FINDINGS.—The Congress makes the following findings:

‘‘(1) It is in the best interest of our Nation to preserve,

strengthen, and maintain the family.

‘‘(2) Families are the greatest natural resource available

to their children and are the major providers of support, care,

and training of their children. ‘‘(3) Families of children with disabilities enrich the lives

of all citizens through the contributions of such families to

the economic, health, and social fabric of their community,

State, and Nation.

‘‘(4) A growing number of families are searching for ways

to empower themselves to raise their children with disabilities

at home and in their communities. Supporting such families

to enable them to care for their children with disabilities at

home is efficient and can be cost-effective.

‘‘(5) Children, including children with disabilities, benefit

from enduring family relationships in a nurturing home

environment.

‘‘(6) Many families experience exceptionally high financial

outlays and significant physical and emotional challenges in

meeting the special needs of their children with disabilities.

‘‘(7) There are financial disincentives for families to care

for their children with disabilities at home.

‘‘(8) Most families of children with disabilities do not have

access to family-centered and family-directed services to support

such families in their efforts to care for their children with

disabilities at home.

‘‘(9) There is a need in each State for a comprehensive,

coordinated, interagency system of family support for families

of children with disabilities that is family-centered and familydirected, is easily accessible, avoids duplication, uses existing

resources more efficiently, and prevents gaps in services to

families in all areas of the State.
H. R. 6—421

‘‘(10) The goals of the Nation properly include the goal

of providing families of children with disabilities the family

support necessary to accomplish the following:

‘‘(A) To support the family.

‘‘(B) To enable families of children with disabilities

to nurture and enjoy their children at home.

‘‘(C) To enable families of children with disabilities

to make informed choices and decisions regarding the

nature of services, supports, and resources made available

to such families.

‘‘(b) PURPOSES.—The purposes of this part are as follows:

‘‘(1) To provide financial assistance to the States to support

systems change activities designed to assist each State to

develop and implement, or expand and enhance, a family-centered and family-directed, culturally competent, communitycentered, comprehensive, statewide system of family support

for families of children with disabilities that is designed to—

‘‘(A) ensure the full participation, choice and control

of families of children with disabilities in decisions related

to the provision of such family support for their family;

‘‘(B) ensure the active involvement of families of children with disabilities in the planning, development,

implementation, and evaluation of such a statewide system;

‘‘(C) increase the availability of, funding for, access

to, and provision of family support for families of children

with disabilities;

‘‘(D) promote training activities that are family-centered and family-directed and that enhance the ability of

family members of children with disabilities to increase

participation, choice, and control in the provision of family

support for families of children with disabilities;

‘‘(E) increase and promote interagency coordination

among State agencies, and between State agencies and

private entities that are involved in carrying out activities

under section 708; and

‘‘(F) increase the awareness of laws, regulations, policies, practices, procedures, and organizational structures,

which facilitate or impede the availability or provision of

family support for families of children with disabilities.

‘‘(2) To enhance the ability of the Federal Government

to—

‘‘(A) identify Federal policies that facilitate or impede

family support for families of children with disabilities,

and that are consistent with the principles in subsection

(c);

‘‘(B) provide States with technical assistance and

information relating to the provision of family support for

families of children with disabilities;

‘‘(C) conduct an evaluation of the program of grants

to States; and

‘‘(D) provide funding for model demonstration and

innovation projects.

‘‘(c) POLICY.—It is the policy of the United States that all

programs, projects, and activities receiving assistance under this

part shall be family-centered and family-directed and shall be carried out in a manner consistent with the following principles:
H. R. 6—422

‘‘(1) Family support for families of children with disabilities

must focus on the needs of the entire family.

‘‘(2) Families of children with disabilities should be supported in determining their needs and in making decisions

concerning necessary, desirable, and appropriate services.

‘‘(3) Families should play decisionmaking roles in policies

and programs that affect the lives of such families.

‘‘(4) Family needs change over time and family support

for families of children with disabilities must offer options

that are flexible and responsive to the unique needs and

strengths and cultural values of individual families.

‘‘(5) Family support for families of children with disabilities

is proactive and not solely in response to a crisis.

‘‘(6) Families must be supported in their efforts to promote

the integration and inclusion of their children with disabilities

into all aspects of community life.

‘‘(7) Family support for families of children with disabilities

should promote the use of existing social networks, strengthen

natural sources of support, and help build connections to existing community resources and services.

‘‘(8) Youth with disabilities should be involved in decisionmaking about their own lives, consistent with the unique

strengths, resources, priorities, concerns, abilities, and capabilities of each such youth.

‘‘(9) Services and supports must be provided in a manner

that demonstrates respect for individual dignity, personal

responsibility, self-determination, personal preferences, and cultural differences of families.

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this part shall be

construed to prevent families from choosing an out-of-home placement for their children with disabilities, including institutional

placement for such children.

‘‘SEC. 703. DEFINITIONS.

‘‘For the purposes of this part, only the following definitions

shall apply:

‘‘(1) CHILD WITH A DISABILITY.—The term ‘child with a

disability’ means an individual who from birth through 21

years of age meets the definition of disability under paragraph

(4).

‘‘(2) COUNCIL.—The term ‘Council’ means an existing Council, or a new Council, which is considered as a State Policy

Council for Families of Children with Disabilities under section

707.

‘‘(3) CULTURALLY COMPETENT.—The term ‘culturally competent’ means services, supports, or other assistance that is

conducted or provided in a manner that—

‘‘(A) is responsive to the beliefs, interpersonal styles,

attitudes, language, and behaviors of those individuals

receiving services; and

‘‘(B) has the greatest likelihood of ensuring maximum

participation of such individuals.

‘‘(4) DISABILITY.—The term ‘disability’ means—

‘‘(A) in the case of an individual 6 years of age or

older, a significant physical or mental impairment as

defined pursuant to State policy to the extent that such
H. R. 6—423

policy is established without regard to type of disability;

and

‘‘(B) in the case of infants and young children, birth

to age 5, inclusive, a substantial developmental delay or

specific congenital or acquired conditions with a high probability of resulting in a disability if services are not provided.

‘‘(5) EXISTING COUNCIL.—The term ‘existing Council’ means

an entity or a committee of an entity that—

‘‘(A) is established by a State prior to the date on

which the State submits an application for funding under

this part;

‘‘(B) has authority to advise the State with respect

to family support for families of children with disabilities;

and

‘‘(C) may have the authority to carry out other responsibilities and duties.

‘‘(6) FAMILY.—The term ‘family’ means a group of interdependent persons residing in the same household that consists

of a child with a disability and one or more of the following:

‘‘(A) A mother, father, brother, sister or any combination.

‘‘(B) Extended blood relatives, such as a grandparent,

aunt, or uncle.

‘‘(C) An adoptive parent.

‘‘(D) One or more persons to whom legal custody of

a child with a disability has been given by a court.

‘‘(E) A person providing short-term foster care that

includes a family reunification plan with the biological

family.

‘‘(F) A person providing long-term foster care for a

child with a disability.

The term does not include employees who, acting in their

paid employment capacity, provide services to children with

disabilities in out-of-home settings such as hospitals, nursing

homes, personal care homes, board and care homes, group

homes, or other facilities.

‘‘(7) FAMILY-CENTERED AND FAMILY-DIRECTED.—The term

‘family-centered and family-directed’ means, with respect to

a service or program, that the service or program—

‘‘(A) facilitates the full participation, choice, and control

by families of children with disabilities in—

‘‘(i) decisions relating to the supports that will

meet the priorities of the family; and

‘‘(ii) the planning, development, implementation,

and evaluation of the statewide system of family support for families of children with disabilities;

‘‘(B) responds to the needs of the entire family of a

child with a disability in a timely and appropriate manner;

and

‘‘(C) is easily accessible to and usable by families of

children with disabilities.

‘‘(8) FAMILY SATISFACTION.—The term ‘family satisfaction’

means the extent to which a service or support meets a need,

solves a problem, or adds value for a family, as determined

by the individual family.
H. R. 6—424

‘‘(9) FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH

DISABILITIES.—The term ‘family support for families of children

with disabilities’—

‘‘(A) means supports, resources, services, and other

assistance provided to families of children with disabilities

that are designed to—

‘‘(i) support families in the efforts of such families

to raise their children with disabilities in the family

home;

‘‘(ii) strengthen the role of the family as primary

caregiver;

‘‘(iii) prevent inappropriate and unwanted out-ofthe-home placement and maintain family unity; and

‘‘(iv) reunite families with children with disabilities

who have been placed out of the home, whenever possible; and

‘‘(B) includes—

‘‘(i) service coordination that includes individualized planning and brokering for services with families

in control of decisionmaking;

‘‘(ii) goods and services, which may include specialized diagnosis and evaluation, adaptive equipment, respite care (in and out of the home), personal assistance

services, homemaker or chore services, behavioral supports, assistive technology services and devices,

permanency or future planning, home and vehicle

modifications and repairs, equipment and consumable

supplies, transportation, specialized nutrition and

clothing, counseling services and mental health services for family members, family education or training

services, communication services, crisis intervention,

day care and child care for a child with a disability,

supports and services for integrated and inclusive

community activities, parent or family member support

groups, peer support, sitter service or companion service, and education aids; and

‘‘(iii) financial assistance, which may include

discretionary cash subsidies, allowances, voucher or

reimbursement systems, low-interest loans, or lines of

credit.

‘‘(10) INTEGRATION AND INCLUSION.—The term ‘integration

and inclusion’ with respect to children with disabilities and

their families means—

‘‘(A) the use of the same community resources that

are used by and available to other individuals and families;

‘‘(B) the full and active participation in the same

community activities and utilization of the same community

resources as individuals without disabilities, living, learning, working, and enjoying life in regular contact with

individuals without disabilities; and

‘‘(C) having friendships and relationships with individuals and families of their own choosing.

‘‘(11) LEAD ENTITY.—The term ‘lead entity’ means an office

or entity described in section 706.

‘‘(12) NEW COUNCIL.—The term ‘new Council’ means a council that is established by a State, and considered as the State
H. R. 6—425

Policy Council for Families of Children with Disabilities, under

section 707(a).

‘‘(13) SECRETARY.—The term ‘Secretary’ means the Secretary of Health and Human Services.

‘‘(14) SERVICE COORDINATION.—The term ‘service coordination’—

‘‘(A) means those family-centered and family-directed

activities that assist and enable families to receive rights

and procedural safeguards and to gain access to social,

medical, legal, educational, and other supports and services; and

‘‘(B) includes—

‘‘(i) follow-along services that assure, through a

continuing relationship between a family of a child

with a disability and an individual or entity, that the

changing needs of the child and family are recognized

and appropriately met;

‘‘(ii) the coordination and monitoring of services

provided to children with disabilities and their families;

‘‘(iii) the provision of information to children with

disabilities and their families about the availability

of services and assistance to such children and their

families in obtaining appropriate services; and

‘‘(iv) the facilitation and organization of existing

social networks, and natural sources of support, and

community resources and services.

‘‘(15) STATEWIDE SYSTEM OF FAMILY SUPPORT.—The term

‘statewide system of family support for families of children

with disabilities’ means a family-centered and family-directed,

culturally competent, community-centered, comprehensive,

statewide system of family support for families of children

with disabilities developed and implemented by a State under

this part that—

‘‘(A) addresses the needs of all families of children

with disabilities, including unserved and underserved populations; and

‘‘(B) addresses such needs without regard to the age,

type of disability, race, ethnicity, or gender of such children

or the particular major life activity for which such children

need the assistance.

‘‘(16) SYSTEMS CHANGE ACTIVITIES.—The term ‘systems

change activities’ means efforts that result in laws, regulations,

policies, practices, or organizational structures— ‘‘(A) that are family-centered and family-directed;

‘‘(B) that facilitate and increase access to, provision

of, and funding for, family support services for families

of children with disabilities; and

‘‘(C) that otherwise accomplish the purposes of this

part.

‘‘(17) UNSERVED AND UNDERSERVED POPULATIONS.—The

term ‘unserved and underserved populations’ includes populations such as individuals from racial and ethnic minority

backgrounds, economically disadvantaged individuals, individuals with limited-English proficiency, individuals from underserved geographic areas (rural or urban), and specific groups

of individuals within the population of individuals with disabilities, including individuals with disabilities attributable to
H. R. 6—426

physical impairment, mental impairment, or a combination of

physical and mental impairments.

‘‘SEC. 704. GRANTS TO STATES.

‘‘(a) IN GENERAL.—The Secretary shall make grants to States

on a competitive basis, in accordance with the provisions of this

part, to support systems change activities designed to assist States

to develop and implement, or expand and enhance, a statewide

system of family support for families of children with disabilities

that accomplishes the purposes described in section 702.

‘‘(b) AWARD PERIOD AND GRANT LIMITATION.—No grant shall

be awarded for a period greater than 3 years. A State shall be

eligible for not more than one grant.

‘‘(c) AMOUNT OF GRANTS.—

‘‘(1) GRANTS TO STATES.—

‘‘(A) FEDERAL MATCHING SHARE.—From amounts appropriated under section 716(a), the Secretary shall pay to

each State that has an application approved under section

705, for each year of the grant period, an amount that

is—

‘‘(i) equal to 75 percent of the cost of the systems

change activities to be carried out by the State; and

‘‘(ii) not less than $200,000 and not more than

$500,000.

‘‘(B) NON-FEDERAL SHARE.—The non-Federal share of

payments under this paragraph may be in cash or in kind

fairly evaluated, including planned equipment or services.

‘‘(2) GRANTS TO TERRITORIES.—From amounts appropriated

under section 716(a) for any fiscal year, the Secretary shall

pay to each territory that has an application approved under

section 705 not more than $100,000.

‘‘(3) CALCULATION OF AMOUNTS.—The Secretary shall cal- culate a grant amount described in paragraph (1) or (2) on

the basis of the following: ‘‘(A) The amounts available for making grants under

this section.

‘‘(B) The child population of the State or territory concerned.

‘‘(4) DEFINITIONS.—As used in this subsection:

‘‘(A) STATE.—The term ‘State’ means each of the 50

States of the United States, the District of Columbia, and

the Commonwealth of Puerto Rico.

‘‘(B) TERRITORY.—The term ‘territory’ means the

United States Virgin Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, or the

Republic of Palau (upon the entry into force and effect

of the Compact of Free Association between the United

States and the Republic of Palau).

‘‘(d) PRIORITY FOR PREVIOUSLY PARTICIPATING STATES.—

Amounts appropriated for purposes of carrying out the provisions

of this section in each of the 2 fiscal years succeeding the fiscal

year in which amounts are first appropriated for such purposes

shall first be made available to a State that—

‘‘(1) received a grant under this section during the fiscal

year preceding the fiscal year concerned; and

‘‘(2) is making significant progress in accordance with section 710.
H. R. 6—427

‘‘(e) PRIORITIES FOR DISTRIBUTION.—To the extent practicable,

the Secretary shall award grants to States under this section in

a manner that—

‘‘(1) is geographically equitable; and

‘‘(2) distributes the grants among States that have differing

levels of development of statewide systems of family support

for families of children with disabilities.

‘‘SEC. 705. APPLICATION.

‘‘A State that desires to receive a grant under this part shall

submit an application to the Secretary that contains the following

information and assurances:

‘‘(1) FAMILY-CENTERED AND FAMILY-DIRECTED APPROACH.—

An assurance that the State will use funds made available

under this part to accomplish the purposes described in section

702 and the goals, objectives, and family-centered outcomes

described in section 709(b) by carrying out systems change

activities in partnership with families and in a manner that

is family-centered and family-directed.

‘‘(2) DESIGNATION OF THE LEAD ENTITY.—Information identifying the lead entity, and evidence documenting the abilities

of such entity.

‘‘(3) STATE POLICY COUNCIL FOR FAMILIES OF CHILDREN WITH

DISABILITIES.—An assurance of the following:

‘‘(A) The State has designated or established Council

that meets the criteria set forth in section 707.

‘‘(B) The lead entity will seek and consider on a regular

and ongoing basis advice from the Council regarding the

development and implementation of the strategic plan

under section 709, and other policies and procedures of

general applicability pertaining to the provision of family

support for families of children with disabilities in the

State.

‘‘(C) The lead entity will include, in its annual progress

reports, a summary of advice provided by the Council,

including recommendations from the annual report of the

Council and the response of the lead entity to such advice

and recommendations.

‘‘(D) The lead entity will transmit to the Council any

other plans, reports, and other information required under

this part.

‘‘(4) FAMILY INVOLVEMENT.—A description of the following: ‘‘(A) The nature and extent of the involvement of families of children with disabilities and individuals with

disabilities in the development of the application.

‘‘(B) Strategies for actively involving families of children with disabilities and individuals with disabilities in

the development, implementation, and evaluation of the

statewide system of family support for families of children

with disabilities.

‘‘(C) Strategies and special outreach activities that will

be undertaken to ensure the active involvement of families

of children with disabilities who are members of unserved

and underserved populations.

‘‘(D) Strategies for actively involving families of children with disabilities who use family support services in

decisions relating to such services.
H. R. 6—428

‘‘(5) AGENCY INVOLVEMENT.—A description of the nature

and extent of involvement of various State agencies or units

within State agencies in the preparation of the application

and the continuing role of each agency in the statewide system

of family support for families of children with disabilities.

‘‘(6) STATE RESOURCES.—A description of the State

resources and other resources that are available to commit

to the statewide system of family support for families of children

with disabilities.

‘‘(7) UNMET NEEDS.—A description of unmet needs for family support for families of children with disabilities within the

State.

‘‘(8) PRELIMINARY PLAN.—A preliminary plan that contains

information on the program to be carried out under the grant

with respect to the goals and objectives of the State for the

program and the activities that the State plans to carry out

under the program (including the process for appointing individuals to the Council) and that is consistent with the purposes

of this part.

‘‘(9) ACTIVITIES.—An assurance that, except for the first

year of the grant, the State shall expend not less than 65

percent of the funds made available to a State under this

part for grants and contracts to conduct the activities described

in section 708.

‘‘(10) LIMIT ON ADMINISTRATIVE COSTS.—An assurance that

the lead entity that receives funding under this part in any

fiscal year shall use not more than 5 percent of such funds

in such year for administrative expenses. Such administrative

expenses shall not include expenses related to the activities

of the Council.

‘‘(11) STRATEGIC PLAN.—A description of the measures that

will be taken by the State to develop a strategic plan in accordance with section 709.

‘‘(12) EVALUATION.—An assurance that the State will conduct an annual evaluation of the statewide system of family

support for families of children with disabilities in accordance

with section 710.

‘‘(13) COORDINATION WITH STATE AND LOCAL COUNCILS.—

An assurance that the lead entity will coordinate the activities

funded through a grant made under this part with the activities

carried out by other relevant councils within the State.

‘‘(14) SUPPLEMENT OTHER FUNDS.—An assurance, with

respect to amounts received under a grant, of the following:

‘‘(A) Such grant will be used to supplement and not

supplant amounts available from other sources that are

expended for programs of family support for families of

children with disabilities, including the provision of family

support.

‘‘(B) Such grant will not be used to pay a financial

obligation for family support for families of children with

disabilities that would have been paid with amounts available from other sources if amounts under such grant had

not been available.

‘‘(15) OTHER INFORMATION AND ASSURANCES.—Such other

information and assurances as the Secretary may reasonably

require.
H. R. 6—429

‘‘SEC. 706. DESIGNATION OF THE LEAD ENTITY.

‘‘(a) DESIGNATION.—The Chief Executive Officer of a State that

desires to receive a grant under section 704, shall designate the

office or entity (referred to in this part as the ‘‘lead entity’’) responsible for—

‘‘(1) submitting the application under section 705 on behalf

of the State;

‘‘(2) administering and supervising the use of the amounts

made available under the grant; ‘‘(3) coordinating efforts related to and supervising the

preparation of the application;

‘‘(4) coordinating the planning, development, implementa- tion (or expansion and enhancement), and evaluation of a statewide system of family support services for families of children

with disabilities among public agencies and between public

agencies and private agencies, including coordinating efforts

related to entering into interagency agreements; and ‘‘(5) coordinating efforts related to the meaningful participation by families in activities carried out under a grant awarded

under this part.

‘‘(b) QUALIFICATIONS.—In designating the lead entity, the Chief

Executive Officer may designate— ‘‘(1) an office of the Chief Executive Officer;

‘‘(2) a commission appointed by the Chief Executive Officer;

‘‘(3) a public agency;

‘‘(4) a council established under Federal or State law; or

‘‘(5) another appropriate office, agency, or entity. ‘‘(c) CAPABILITIES OF THE LEAD ENTITY.—The State shall provide, in accordance with the requirements of section 705, evidence

that the lead entity has the capacity—

‘‘(1) to promote a statewide system of family support for

families of children with disabilities throughout the State;

‘‘(2) to promote and implement systems change activities;

‘‘(3) to maximize access to public and private funds for

family support services for families of children with disabilities;

‘‘(4) to implement effective strategies for capacity building,

family and professional training, and access to and funding

for family support services for families of children with disabilities across agencies;

‘‘(5) to promote and facilitate the implementation of family

support services for families of children with disabilities that

are family-centered and family-directed, and flexible, and that

provide families with the greatest possible decisionmaking

authority and control regarding the nature and use of services

and supports;

‘‘(6) to promote leadership by families in planning, policy

development, implementation, and evaluation of family support

services for families of children with disabilities, and parentprofessional partnerships; and

‘‘(7) to promote and develop interagency coordination and

collaboration.

‘‘SEC. 707. STATE POLICY COUNCIL FOR FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH DISABILITIES.

‘‘(a) DESIGNATION OR ESTABLISHMENT.—A State that desires

to receive financial assistance under this part shall, prior to the

receipt of funds under this part, designate an existing Council,
H. R. 6—430

or establish a new Council, to be considered as a State Policy

Council for Families of Children with Disabilities.

‘‘(b) USE OF EXISTING COUNCIL.—

‘‘(1) IN GENERAL.—To the extent that a State has an existing Council, the existing Council shall be considered in compliance with this section if the existing Council meets the

requirements under paragraph (2).

‘‘(2) REQUIREMENTS.—An existing Council shall—

‘‘(A) include a majority of members who are family

members of children with disabilities and who are children

with disabilities (from age 18 to 21);

‘‘(B) in the case in which the existing Council does

not represent the full range of families and individuals

described in subsection (d)(1), adopt strategies that will

ensure the full participation of such families and individuals in all activities carried out by the Council; and

‘‘(C) carry out functions and authorities that are comparable to the functions and authorities described in subsections (e) through (h).

‘‘(3) DOCUMENTATION OF COMPLIANCE.—Any State that has

an existing Council shall include in a grant application submitted under section 705 and in subsequent annual progress

reports submitted to the Secretary under section 710, a description of the measures that are being taken or that are planned,

to ensure that the existing Council of the State complies with

this section.

‘‘(c) APPOINTMENTS TO NEW COUNCIL.—

‘‘(1) MEMBERS.—To the extent that a State establishes a

new Council, members of the new Council shall be appointed

by the Chief Executive Officer of the State or the appropriate

official within the State responsible for making appointments

in accordance with subsection (d). The appointing authority

shall select members after soliciting recommendations from

the State Developmental Disabilities Council, parent or family

organizations, and other organizations representing the full

range of disabilities covered under this part. The appointing

authority shall ensure that the membership of the new Council

reasonably represents the population of the State and shall

establish guidelines for the terms of the members of the new

Council.

‘‘(2) CHAIRPERSON.—The new Council shall elect a member

of the new Council to serve as the Chairperson of the new

Council. The Chairperson shall be a family member, as

described in subsection (d)(1).

‘‘(d) COMPOSITION.—The new Council shall be composed of—

‘‘(1) a majority of members who are—

‘‘(A) individuals who are family members of children

with disabilities, are eligible for family support, and represent the diversity of families within the State, including

those families from unserved and underserved populations;

and

‘‘(B) children with disabilities, from age 18 to 21, and

are representative of the demographics of the State;

‘‘(2) members—

‘‘(A) who are from State agencies with significant

responsibility for the provision of, or payment for, family

support services to families of children with disabilities,
H. R. 6—431

and who have sufficient authority to engage in policy planning and implementation on behalf of such agencies; and

‘‘(B) who are from the office of the Chief Executive

Officer of the State with responsibility with respect to

budget and finance; and

‘‘(3) such additional members as the appointing authority

considers appropriate.

‘‘(e) FUNCTIONS.—The new Council shall—

‘‘(1) establish formal policies regarding the operation of

the new Council;

‘‘(2) advise and assist the lead entity in the performance

of responsibilities described in section 706(a), particularly the

promotion of interagency agreements and the promotion of

meaningful participation by families in all aspects of the statewide system of family support for families of children with

disabilities;

‘‘(3) advise and assist State agencies in the development

of policies and procedures relating to the provision of family

support for families of children with disabilities in the State;

‘‘(4) advise and assist the lead entity in the development

of all aspects of a strategic plan under section 709, including—

‘‘(A) the mission, purpose, and principles of the statewide system of family support for families of children with

disabilities;

‘‘(B) the statement of family-centered outcomes;

‘‘(C) the goals, objectives, and activities;

‘‘(D) the quality improvement or quality enhancement

system;

‘‘(E) the appeals process;

‘‘(F) the eligibility criteria to be used for all programs,

projects, and activities carried out under this part;

‘‘(G) the analysis of the extent to which family support

for families of children with disabilities is defined as a

benefit and not as income; and

‘‘(H) the approach to the evaluation of the statewide

system of family support for families of children with

disabilities;

‘‘(5) advise and assist the lead entity in the implementation

of systems change activities;

‘‘(6) advise and assist the lead entity in assessing family

satisfaction with the statewide system of family support for

families of children with disabilities;

‘‘(7) review, analyze, and comment on the strategic plan

and updates to the plan, progress reports, and annual budgets;

‘‘(8) advise and assist the lead entity in the identification

of Federal and State barriers that impede the development

of a statewide system of family support for families of children

with disabilities; and

‘‘(9) prepare and submit to the Chief Executive Officer

of the State, the State legislature, and to the Secretary an

annual report on the status of family support services for

families of children with disabilities, and make such report

available to the public.

‘‘(f) HEARINGS AND FORUMS.—The new Council is authorized

to hold such hearings and forums as the new Council may determine

to be necessary to carry out the duties of the new Council.
H. R. 6—432

‘‘(g) CONFLICT OF INTEREST.—No member of the new Council

shall cast a vote on any matter that would provide direct financial

benefit to such member or otherwise give the appearance of a

conflict of interest under applicable State law.

‘‘(h) COMPENSATION AND EXPENSES.—The new Council may,

consistent with State law, use such resources to reimburse members

of the new Council for reasonable and necessary expenses of attending the new Council meetings and performing Council duties

(including child care and personal assistance services), and to pay

compensation to a member of the new Council, if such member

is not employed or must forfeit wages from other employment,

for each day the member is engaged in performing Council duties.

‘‘SEC. 708. AUTHORIZED ACTIVITIES.

‘‘(a) IN GENERAL.—A State that receives a grant under section

704 may use the funds made available through the grant to carry

out systems change activities, which accomplish the purposes

described in section 702, such as the following activities:

‘‘(1) TRAINING AND TECHNICAL ASSISTANCE.—The State may

support training and technical assistance activities for family

members, service providers, community members, professionals,

members of the Council, students and others that will do the

following:

‘‘(A) Increase family participation, choice, and control

in the provision of family support for families of children

with disabilities.

‘‘(B) Promote partnerships with families of children

with disabilities at all levels of the service system. ‘‘(C) Develop or strengthen family-centered and familydirected approaches to services, including service coordination services, service planning services, and respite care

services.

‘‘(D) Assist families of children with disabilities in

accessing natural and community supports and in obtaining

benefits and services.

‘‘(2) INTERAGENCY COORDINATION.—The State may support

activities that conduct the following: ‘‘(A) Identification and coordination of Federal and

State policies, resources, and services, relating to the provision of family support services for families of children with

disabilities, including entering into interagency agreements.

‘‘(B) Interagency work groups to enhance public funding options and coordinate access to funding for family

support services for families of children with disabilities,

with special attention to the issues of family involvement

in the identification, planning, use, delivery, and evaluation

of such services.

‘‘(C) Documentation and dissemination of information

about interagency activities that promote coordination with

respect to family support services for families of children

with disabilities, including evidence of increased participation of State and local health, maternal and child health,

social service, mental health, mental retardation and developmental disabilities, child protection, education, early

intervention, developmental disabilities councils, agencies,

and departments.
H. R. 6—433

‘‘(3) LOCAL OR REGIONAL COUNCILS.—The State may support

the development or enhancement of local or regional councils

to review the status of family support for families of children

with disabilities in the local or regional area, to advise and

assist with the planning, development, implementation, and

evaluation of family support for families of children with

disabilities in such local or regional area, and to provide recommendations to the State regarding improvements and plans.

‘‘(4) OUTREACH.—The State may conduct outreach activities

to locate families who are eligible for family support for families

of children with disabilities and to identify groups who are

unserved or underserved. Such activities may involve the creation or maintenance of, support of, or provision of, assistance

to statewide and community parent organizations, and

organizations that provide family support to families of children

with disabilities.

‘‘(5) POLICY STUDIES.—The State may support policy studies

that relate to the development and implementation, or expansion and enhancement, of a statewide system of family support

for families of children with disabilities. Such studies may

address issues regarding eligibility and access to services.

‘‘(6) HEARINGS AND FORUMS.—The State may conduct hearings and forums to solicit input from families of children with

disabilities regarding family support programs, policies, and

plans for such families. Such hearings and forums may be

conducted in collaboration with other statewide councils.

‘‘(7) PUBLIC AWARENESS AND EDUCATION.—The State may

develop and disseminate information relating to family support

for families of children with disabilities designed to provide

information to such families, parent groups and organizations,

public and private agencies that are in contact with children

with disabilities and families of such children, students, policymakers, and the public. Such information may relate to the

nature, cost, and availability of, and accessibility to, family

support for families of children with disabilities, the impact

of family support for families of children with disabilities on

other benefits, and the efficacy of family support for families

of children with disabilities with respect to enhancing the quality of family life. ‘‘(8) NEEDS ASSESSMENT.—The State may conduct a needs

assessment, which may, in part, be based on existing State

data.

‘‘(9) PROGRAM DATA.—The State may support the compilation and evaluation of appropriate data related to the statewide

system of family support for families of children with disabilities.

‘‘(10) PILOT DEMONSTRATION PROJECTS.—The State may

support pilot demonstration projects to demonstrate new

approaches to the provision of family support for families of

children with disabilities. Such projects may include the demonstration of family-centered and family-directed service

coordination, approaches to improve access to services, including independent service coordination, peer support networks,

and voucher programs.

‘‘(11) OTHER ACTIVITIES.—The State may support other systems change activities that accomplish the purposes described

in section 702.
H. R. 6—434

‘‘(b) SPECIAL RULE.—In carrying out activities authorized under

this part, a State shall ensure that such programs and activities

address the needs of families who are economically disadvantaged.

‘‘SEC. 709. STRATEGIC PLAN.

‘‘(a) IN GENERAL.—Not later than 6 months after the date

on which assistance is received by a State under this part, the

lead entity of the State, in conjunction with the Council, shall

prepare and submit to the Secretary a strategic plan designed

to achieve the purposes and policy of this part.

‘‘(b) CONTENTS.—The strategic plan shall include—

‘‘(1) a statement of the mission, purpose, and principles

of the statewide system of family support for families of children

with disabilities in the State;

‘‘(2) a statement of family-centered outcomes to be achieved

by the statewide system of family support for families of children with disabilities;

‘‘(3) specific goals and objectives for developing and

implementing, or expanding and improving, the system for

providing family support services for families of children with

disabilities, and for achieving the family-centered outcomes;

‘‘(4) systemic approaches for accomplishing the objectives

and achieving the family-centered outcomes, including interagency coordination and cooperation, that builds upon stateof-the-art practices and research findings;

‘‘(5) a description of the specific programs, projects, and

activities funded under this part and the manner in which

the programs, projects, and activities accomplish the objectives

and achieve the family-centered outcomes; ‘‘(6) a description of an ongoing quality improvement or

quality enhancement system, which utilizes information from

ongoing measurements of the extent to which family-centered

outcomes are achieved, to improve the system; ‘‘(7) a description of an appeals process that will be used

in resolving any disputes families of children with disabilities

may have regarding the determination of eligibility or the provision of family support services to the family or to the child

with a disability; ‘‘(8) a description of the eligibility criteria to be used to

carry out programs, projects, and activities under this part

that includes all eligible families; ‘‘(9) an analysis of the extent to which family support

for a family of a child with a disability is defined as a benefit

and not as income; and

‘‘(10) a description of the plan to conduct an annual evaluation of the statewide system of family support for families

of children with disabilities, in conjunction with the Council,

to improve such statewide system and to document progress

as required by section 710.

‘‘(c) PERIOD AND UPDATES.—The strategic plan shall cover the

period of the grant and shall be reviewed and updated on an

annual basis to reflect actual experience and family satisfaction

information over the preceding year and input from the Council,

families of children with disabilities, and other interested parties.

‘‘(d) RECOMMENDATIONS.—Prior to developing the strategic plan,

the State shall solicit input and recommendations from interested

members of the public, either by holding public hearings or through
H. R. 6—435

an alternative method or methods determined by the lead entity

in consultation with the Council. The lead entity shall also obtain

the comments and recommendations of the Council. The lead entity,

in conjunction with the Council, shall consider the recommendations

and attempt to reach a consensus with respect to such recommendations. If the lead entity and the Council are unable to reach a

consensus, the lead entity shall include a written explanation of

the reason a consensus was not reached in the strategic plan. ‘‘(e) COMMENT.—The State shall develop a procedure for ensuring ongoing comment from the Council. ‘‘(f) DISSEMINATION.—The State shall widely disseminate the strategic plan to families of children with disabilities, parent

organizations, and other interested persons. ‘‘(g) CONSTRUCTION.—Nothing in this section shall be construed to prevent a State from using an existing statewide strategic plan

or parts thereof to meet the requirements of this section as long

as such plan or the applicable parts thereof are comparable to

the specifications of this section.

‘‘SEC. 710. PROGRESS CRITERIA AND REPORTS.

‘‘(a) GUIDELINES.—The Secretary shall develop guidelines to be used in assessing the extent to which a State that received

a grant under section 704 is making significant progress in developing and implementing, or expanding and enhancing, a statewide

system of family support for families of children with disabilities

consistent with the purposes of this part. ‘‘(b) PROGRESS REPORTS.—A State that receives a grant under section 704 shall submit annually to the Secretary a report that

documents progress in developing and implementing, or expanding

and enhancing, a statewide system of family support for families

of children with disabilities consistent with this part. Such report

shall include—

‘‘(1) the results of the annual evaluation of the statewide

system of family support for families of children with disabilities;

‘‘(2) a description of the unanticipated problems with the

achievement of the goals, objectives, and family-centered outcomes described in the application or strategic plan and the

measures the State has taken to rectify such problems; ‘‘(3) for the annual progress report concerning the first year of the grant period, the strategic plan developed by the

State during the first year; and ‘‘(4) for the annual progress report concerning subsequent years of the grant period, the updated strategic plan.

‘‘SEC. 711. ADMINISTRATIVE PROVISIONS.

‘‘(a) EVALUATION OF GRANT APPLICATIONS.— ‘‘(1) PANELS.—The Secretary shall convene panels of experts who are competent, by virtue of their training or experience,

to evaluate grant applications under this part.

‘‘(2) COMPOSITION OF PANELS.—Panels shall be composed

of a majority of family members of children with disabilities

and individuals with disabilities, and may include service

providers, State administrative personnel, and professionals.

Panels shall include a majority of individuals who are not

Federal employees.

‘‘(3) EXPENSES AND FEES OF THE PANEL.—A member of

the Panel who is not a Federal employee shall receive travel,
H. R. 6—436

per diem and consultant fees not to exceed the rate provided

to other consultants used by the Secretary. The Secretary may

use funds available under section 716 to pay expenses and

fees of a member of a Panel who is not a Federal employee.

‘‘(b) PROVISION OF INFORMATION.—To assist the Secretary in

carrying out the responsibilities of the Secretary under this section,

the Secretary may require States to provide relevant information,

including recommendations and relevant reports of the Council.

‘‘(c) APPEALS.—The Secretary shall establish appeals procedures

for States that are found in noncompliance with the provisions

of this part as the result of failure to supply information required

under section 705 or 710. The Secretary shall take into consideration the comments of the Council.

‘‘(d) EFFECT ON OTHER ASSISTANCE.—This part may not be

construed as authorizing a Federal or State agency to reduce medical or other assistance available, or to alter eligibility, under any

Federal law.

‘‘(e) UNOBLIGATED FUNDS.—Any amount paid to a State for

a fiscal year and remaining unobligated at the end of such year

shall remain available to such State for the next fiscal year for

the purposes for which such amount was paid.

‘‘SEC. 712. TECHNICAL ASSISTANCE.

‘‘(a) IN GENERAL.—The Secretary shall make grants, or enter

into contracts or cooperative agreements, with appropriate public

or private agencies and organizations, including institutions of

higher education, with documented experience, expertise, and capacity, for the purpose of providing technical assistance and information with respect to the development and implementation, or

expansion and enhancement, of a statewide system of family support

for families of children with disabilities.

‘‘(b) PURPOSE.—With respect to States receiving assistance

under this part, the technical assistance and information described

under subsection (a) shall be provided to the State agency designated as the lead entity, the Council, family members of children

with disabilities, organizations, service providers, and policymakers

involved with children with disabilities and their families. Such

technical assistance shall also be available to States that do not

receive assistance under this part. Such technical assistance and

information shall—

‘‘(1) facilitate effective systems change activities;

‘‘(2) promote effective approaches to the development and

implementation, or expansion and enhancement of, the statewide systems of family support for families of children with

disabilities that increase access to, funding for, and awareness

of family support for families of children with disabilities;

‘‘(3) promote partnerships with families at all levels of

the service system;

‘‘(4) foster awareness and understanding of Federal, State,

and local laws, regulations, policies, practices, procedures, and

organizational structures, that facilitate, and overcome barriers

to, funding for, and access to family support for families of

children with disabilities;

‘‘(5) foster the development and replication of effective

approaches to strategic plan development, interagency coordination, training, outreach to underserved groups, and public

awareness activities;
H. R. 6—437

‘‘(6) facilitate service delivery capacity, training, and the

improvement of data collection and evaluation systems;

‘‘(7) promote effective approaches to the development of

family-centered and family-directed services, including

approaches to the development and measurement of familycentered outcomes described in section 709(b)(2), and the

assessment of family satisfaction; and

‘‘(8) coordinate and facilitate an annual meeting of the

chairpersons of the Councils.

‘‘(c) REQUEST FOR TECHNICAL ASSISTANCE.—A request for technical assistance by a lead entity in a State receiving assistance

under this part shall be made in conjunction with the Council.

‘‘(d) REPORTS TO THE SECRETARY.—An entity providing the technical assistance under this section shall submit periodic reports

to the Secretary regarding Federal policies and procedures identified

within the States that facilitate or impede the delivery of family

support to families of children with disabilities. The report shall

include recommendations to the Secretary regarding the delivery

of services, coordination with other programs, and integration of

the policies and principles described in section 702 in other Federal

legislation.

‘‘SEC. 713. EVALUATION.

‘‘(a) IN GENERAL.—The Secretary shall make grants, or enter

into contracts or cooperative agreements, with appropriate public

or private agencies and organizations, including institutions of

higher education, with documented experience, expertise, and capacity for the purpose of conducting a national evaluation of the program of grants to States authorized by this part. ‘‘(b) PURPOSE.—The purpose of an evaluation under subsection

(a) shall be to assess the status and effects of State efforts to

develop and implement, or expand and enhance, statewide systems

of family support for families of children with disabilities in a

manner consistent with the provisions of this part, particularly

in terms of the impact of such efforts on families of children with

disabilities, and to recommend amendments to this part that are

necessary to assist States to fully accomplish the purposes of this

part. The Secretary or recipient of assistance under this section

shall work with the States to consider and develop an information

system designed to report and compile, from information provided

by the States, including the Council, a qualitative and quantitative

description of the impact of the program of grants to States authorized by this part on— ‘‘(1) families of children with disabilities, including families

from ethnic and racial minority backgrounds;

‘‘(2) access to and funding for family support for families

of children with disabilities; and

‘‘(3) the involvement of families at all levels of the service

system.

‘‘(c) REPORT TO CONGRESS.—Not later than 21⁄2 years after

the date of enactment of this part, the Secretary shall prepare

and submit to the appropriate committees of Congress a report

concerning the results of the evaluation conducted under this

section.

‘‘(d) CONFLICT OF INTEREST.—The Secretary shall assure that

a recipient of a grant, contract, or cooperative agreement under

this section is independent from, and free from, any financial or
H. R. 6—438

personal relationships with the recipient of a grant, contract, or

cooperative agreement selected to provide technical assistance

under section 712.

‘‘SEC. 714. PROJECTS OF NATIONAL SIGNIFICANCE.

‘‘(a) STUDY BY THE SECRETARY.—The Secretary shall review

Federal programs to determine the extent to which such programs

facilitate or impede access to, provision of, and funding for family

support for families of children with disabilities, consistent with

the policies described in section 702.

‘‘(b) DEMONSTRATION AND INNOVATION PROJECTS.—The Secretary shall make grants or enter into contracts for projects of

national significance to support the development of national and

State policies and practices related to the development and

implementation, or expansion and enhancement, of family-centered

and family-directed systems of family support for families of children with disabilities.

‘‘SEC. 715. CONSTRUCTION.

‘‘Notwithstanding any other provision of this title, nothing in

parts A through H of this title shall be construed to apply to

this part.

‘‘SEC. 716. AUTHORIZATION OF APPROPRIATIONS.

‘‘(a) IN GENERAL.—There are authorized to be appropriated

to carry out this part, $10,000,000 for fiscal year 1995, and such

sums as may be necessary for each of the fiscal years 1996 and

1997.

‘‘(b) RESERVATION.—

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

the Secretary shall reserve for each fiscal year 10 percent,

or $600,000 (whichever is greater), of the amount appropriated

pursuant to the authority of subsection (a) to carry out— ‘‘(A) section 712, with respect to the provision of technical assistance and information to States;

‘‘(B) section 713, with respect to the conduct of the

evaluations;

‘‘(C) section 711(a), with respect to the evaluation of

grant applications; and ‘‘(D) section 714, with respect to the conduct of projects

of national significance.

‘‘(2) SPECIAL RULE.—The Secretary shall only use funds

reserved under paragraph (1) for a fiscal year to carry out

section 714 for such year if the amount of funds reserved

under such paragraph for such fiscal year is $700,000 or

greater.’’.

PART B—EDUCATION FOR HOMELESS

CHILDREN AND YOUTH

SEC. 321. AMENDMENTS TO TABLE OF CONTENTS.

The table of contents in section 101(b) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 note) is amended

by striking subtitles A and B of title VII and inserting the following:

‘‘Subtitle A—Adult Education for the Homeless

‘‘Sec. 701. State literacy initiatives.
H. R. 6—439

‘‘Subtitle B—Education for Homeless Children and Youth

‘‘Sec. 721. Statement of policy. ‘‘Sec. 722. Grants for State and local activities for the education of homeless children and youth. ‘‘Sec. 723. Local educational agency grants for the education of homeless children

and youth. ‘‘Sec. 724. Secretarial responsibilities. ‘‘Sec. 725. Definitions.

‘‘Sec. 726. Authorization of appropriations.’’.

SEC. 322. ADULT EDUCATION FOR THE HOMELESS.

Subtitle A of title VII of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 et seq.) is amended to read as

follows:

‘‘Subtitle A—Adult Education for the

Homeless

‘‘SEC. 701. STATE LITERACY INITIATIVES.

‘‘(a) GENERAL AUTHORITY.— ‘‘(1) GRANTS.—The Secretary of Education is authorized to make grants to State educational agencies to enable each

such agency to implement, either directly or through contracts

and grants, a program of literacy training and academic remediation for adult homeless individuals within the State, which

program shall— ‘‘(A) include outreach activities; and

‘‘(B) be coordinated with other agencies or organiza- tions, such as community-based organizations, nonprofit

literacy-action organizations, and recipients of funds under

the Adult Education Act, title II of the Job Training Partnership Act, the Youth Fair Chance program under part

H of title IV of the Job Training Partnership Act, the

Volunteers in Service to America program under part A

of title I of the Domestic Volunteer Service Act of 1973,

part C of this title, or the Job Opportunity and Basic

Skills program under part F of title IV of the Social Security

Act.

‘‘(2) ESTIMATES AND AMOUNTS.—The Secretary of Education, in awarding grants under this section, shall give special consideration to the estimates submitted in the application submitted

under subsection (b) and make such awards in whatever

amounts such Secretary determines will best serve the purposes

of this section.

‘‘(b) APPLICATION.—Each State educational agency desiring to

receive a grant under this section shall submit to the Secretary

of Education an application at such time, in such manner, and

containing such information as the Secretary may reasonably

require. Each such application shall include an estimate of the

number of homeless individuals in the State and the number of

such individuals expected to be served.

‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the purpose of

carrying out the adult literacy training and academic remediation

programs authorized by this section, there are authorized to be

appropriated such sums as may be necessary for each of the fiscal

years 1995 through 1999. ‘‘(d) DEFINITION.—As used in this section, the term ‘State’

means each of the 50 States, the District of Columbia, the Common-
H. R. 6—440

wealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,

the Commonwealth of the Northern Mariana Islands, and Palau

(until the effective date of the Compact of Free Association with

the Government of Palau).’’.

SEC. 323. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.

Subtitle B of title VII of the Stewart B. McKinney Homeless

Assistance Act (42 U.S.C. 11431 et seq.) is amended to read as

follows:

‘‘Subtitle B—Education for Homeless

Children and Youth

‘‘SEC. 721. STATEMENT OF POLICY.

‘‘It is the policy of the Congress that—

‘‘(1) each State educational agency shall ensure that each

child of a homeless individual and each homeless youth has

equal access to the same free, appropriate public education,

including a public preschool education, as provided to other

children and youth;

‘‘(2) in any State that has a compulsory residency requirement as a component of the State’s compulsory school attendance laws or other laws, regulations, practices, or policies that

may act as a barrier to the enrollment, attendance, or success

in school of homeless children and youth, the State will review

and undertake steps to revise such laws, regulations, practices,

or policies to ensure that homeless children and youth are

afforded the same free, appropriate public education as provided

to other children and youth; ‘‘(3) homelessness alone should not be sufficient reason

to separate students from the mainstream school environment;

and

‘‘(4) homeless children and youth should have access to

the education and other services that such children and youth

need to ensure that such children and youth have an opportunity to meet the same challenging State student performance

standards to which all students are held.

‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH.

‘‘(a) GENERAL AUTHORITY.—The Secretary is authorized to make

grants to States in accordance with the provisions of this section

to enable such States to carry out the activities described in subsections (d), (e), (f), and (g).

‘‘(b) APPLICATION.—No State may receive a grant under this

section unless the State educational agency submits an application

to the Secretary at such time, in such manner, and containing

or accompanied by such information as the Secretary may reasonably require.

‘‘(c) ALLOCATION AND RESERVATIONS.—

‘‘(1) IN GENERAL.—Subject to paragraph (2) and section

724(c), from the amounts appropriated for each fiscal year

under section 726, the Secretary is authorized to allot to each

State an amount that bears the same ratio to the amount

appropriated for such year under section 726 as the amount

allocated under section 1122 of the Elementary and Secondary
H. R. 6—441

Education Act of 1965 to the State for that year bears to

the total amount allocated under section 1122 to all States

for that year, except that no State shall receive less than

$100,000.

‘‘(2) RESERVATION.—(A) The Secretary is authorized to

reserve 0.1 percent of the amount appropriated for each fiscal

year under section 726 to be allocated by the Secretary among

the Virgin Islands, Guam, American Samoa, the Commonwealth

of the Northern Mariana Islands, and Palau (until the effective

date of the Compact of Free Association with the Government

of Palau), according to their respective need for assistance

under this subtitle, as determined by the Secretary.

‘‘(B)(i) The Secretary is authorized to transfer one percent

of the amount appropriated for each fiscal year under section

726 to the Department of the Interior for programs for Indian

students served by schools funded by the Secretary of the

Interior, as determined under the Indian Self-Determination

and Education Assistance Act, that are consistent with the

purposes of this Act.

‘‘(ii) The Secretary and the Secretary of the Interior shall

enter into an agreement, consistent with the requirements of

this part, for the distribution and use of the funds described

in clause (i) under terms that the Secretary determines best

meet the purposes of the programs described in such clause.

Such agreement shall set forth the plans of the Secretary

of the Interior for the use of the amounts transferred, including

appropriate goals, objectives, and milestones.

‘‘(3) DEFINITION.—As used in this subsection, the term

‘State’ shall not include the Virgin Islands, Guam, American

Samoa, the Commonwealth of the Northern Mariana Islands,

or Palau.

‘‘(d) ACTIVITIES.—Grants under this section shall be used—

‘‘(1) to carry out the policies set forth in section 721 in

the State;

‘‘(2) to provide activities for, and services to, homeless

children, including preschool-aged children, and homeless youth

that enable such children and youth to enroll in, attend, and

succeed in school, or, if appropriate, in preschool programs; ‘‘(3) to establish or designate an Office of Coordinator of

Education of Homeless Children and Youth in the State educational agency in accordance with subsection (f); ‘‘(4) to prepare and carry out the State plan described in subsection (g); and ‘‘(5) to develop and implement professional development

programs for school personnel to heighten their awareness of,

and capacity to respond to, specific problems in the education

of homeless children and youth.

‘‘(e) STATE AND LOCAL GRANTS.—

‘‘(1) IN GENERAL.—(A) Subject to subparagraph (B), if the

amount allotted to the State educational agency for any fiscal

year under this subtitle exceeds the amount such agency

received for fiscal year 1990 under this subtitle, such agency

shall provide grants to local educational agencies for purposes

of section 723.

‘‘(B) The State educational agency may reserve not more

than the greater of 5 percent of the amount such agency

receives under this subtitle for any fiscal year, or the amount
H. R. 6—442

such agency received under this subtitle for fiscal year 1990,

to conduct activities under subsection (f) directly or through

grants or contracts.

‘‘(2) SPECIAL RULE.—If the amount allotted to a State educational agency for any fiscal year under this subtitle is less

than the amount such agency received for fiscal year 1990

under this subtitle, such agency, at such agency’s discretion,

may provide grants to local educational agencies in accordance

with section 723 or may conduct activities under subsection

(f) directly or through grants or contracts.

‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—The

Coordinator of Education of Homeless Children and Youth established in each State shall—

‘‘(1) estimate the number of homeless children and youth

in the State and the number of such children and youth served

with assistance provided under the grants or contracts under

this subtitle;

‘‘(2) gather, to the extent possible, reliable, valid, and comprehensive information on the nature and extent of the problems homeless children and youth have in gaining access to

public preschool programs and to public elementary and secondary schools, the difficulties in identifying the special needs

of such children and youth, any progress made by the State

educational agency and local educational agencies in the State

in addressing such problems and difficulties, and the success

of the program under this subtitle in allowing homeless children

and youth to enroll in, attend, and succeed in, school;

‘‘(3) develop and carry out the State plan described in subsection (g); ‘‘(4) prepare and submit to the Secretary not later than

October 1, 1997, and on October 1 of every third year thereafter,

a report on the information gathered pursuant to paragraphs

(1) and (2) and such additional information as the Secretary

may require to carry out the Secretary’s responsibilities under

this subtitle;

‘‘(5) facilitate coordination between the State educational

agency, the State social services agency, and other agencies

providing services to homeless children and youth, including

homeless children and youth who are preschool age, and families of such children and youth; and ‘‘(6) develop relationships and coordinate with other relevant education, child development, or preschool programs and

providers of services to homeless children, homeless families,

and runaway and homeless youth (including domestic violence

agencies, shelter operators, transitional housing facilities, runaway and homeless youth centers, and transitional living programs for homeless youth), to improve the provision of

comprehensive services to homeless children and youth and

their families.

‘‘(g) STATE PLAN.—

‘‘(1) IN GENERAL.—Each State shall submit to the Secretary

a plan to provide for the education of homeless children and

youth within the State, which plan shall describe how such

children and youth are or will be given the opportunity to

meet the same challenging State student performance standards all students are expected to meet, shall describe the procedures the State educational agency will use to identify such
H. R. 6—443

children and youth in the State and to assess their special

needs, and shall—

‘‘(A) describe procedures for the prompt resolution of

disputes regarding the educational placement of homeless

children and youth;

‘‘(B) describe programs for school personnel (including

principals, attendance officers, teachers and enrollment

personnel), to heighten the awareness of such personnel

of the specific needs of runaway and homeless youth;

‘‘(C) describe procedures that ensure that homeless

children and youth who meet the relevant eligibility criteria

are able to participate in Federal, State, or local food

programs;

‘‘(D) describe procedures that ensure that—

‘‘(i) homeless children have equal access to the

same public preschool programs, administered by the

State agency, as provided to other children; and

‘‘(ii) homeless children and youth who meet the

relevant eligibility criteria are able to participate in

Federal, State, or local before- and after-school care

programs;

‘‘(E) address problems set forth in the report provided

to the Secretary under subsection (f)(4);

‘‘(F) address other problems with respect to the education of homeless children and youth, including problems

caused by—

‘‘(i) transportation issues; and

‘‘(ii) enrollment delays that are caused by—

‘‘(I) immunization requirements;

‘‘(II) residency requirements;

‘‘(III) lack of birth certificates, school records,

or other documentation; or

‘‘(IV) guardianship issues;

‘‘(G) demonstrate that the State educational agency

and local educational agencies in the State have developed,

and will review and revise, policies to remove barriers

to the enrollment and retention of homeless children and

youth in schools in the State; and

‘‘(H) contain an assurance that the State educational

agency and local educational agencies in the State will

adopt policies and practices to ensure that homeless children and youth are not isolated or stigmatized.

‘‘(2) COMPLIANCE.—Each plan adopted under this subsection shall also show how the State will ensure that local

educational agencies in the State will comply with the requirements of paragraphs (3) through (9).

‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIREMENTS.—(A) The

local educational agency of each homeless child and youth to

be assisted under this subtitle shall, according to the child’s

or youth’s best interest, either—

‘‘(i) continue the child’s or youth’s education in the

school of origin—

‘‘(I) for the remainder of the academic year; or

‘‘(II) in any case in which a family becomes homeless between academic years, for the following academic year; or
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‘‘(ii) enroll the child or youth in any school that

nonhomeless students who live in the attendance area in

which the child or youth is actually living are eligible

to attend.

‘‘(B) In determining the best interests of the child or youth

under subparagraph (A), the local educational agency shall

comply, to the extent feasible, with the request made by a

parent or guardian regarding school selection.

‘‘(C) For purposes of this paragraph, the term ‘school of

origin’ means the school that the child or youth attended when

permanently housed, or the school in which the child or youth

was last enrolled.

‘‘(D) The choice regarding placement shall be made regardless of whether the child or youth lives with the homeless

parents or has been temporarily placed elsewhere by the

parents.

‘‘(4) COMPARABLE SERVICES.—Each homeless child or youth

to be assisted under this subtitle shall be provided services

comparable to services offered to other students in the school

selected according to the provisions of paragraph (3), including—

‘‘(A) transportation services;

‘‘(B) educational services for which the child or youth

meets the eligibility criteria, such as services provided

under title I of the Elementary and Secondary Education

Act of 1965 or similar State or local programs, educational

programs for children with disabilities, and educational

programs for students with limited-English proficiency; ‘‘(C) programs in vocational education;

‘‘(D) programs for gifted and talented students; and

‘‘(E) school meals programs. ‘‘(5) RECORDS.—Any record ordinarily kept by the school,

including immunization records, academic records, birth certificates, guardianship records, and evaluations for special services

or programs, of each homeless child or youth shall be

maintained—

‘‘(A) so that the records are available, in a timely

fashion, when a child or youth enters a new school district;

and

‘‘(B) in a manner consistent with section 444 of the

General Education Provisions Act.

‘‘(6) COORDINATION.—Each local educational agency serving

homeless children and youth that receives assistance under

this subtitle shall coordinate with local social services agencies

and other agencies or programs providing services to such

children or youth and their families, including services and

programs funded under the Runaway and Homeless Youth

Act.

‘‘(7) LIAISON.—(A) Each local educational agency that

receives assistance under this subtitle shall designate a

homelessness liaison to ensure that—

‘‘(i) homeless children and youth enroll and succeed

in the schools of that agency; and

‘‘(ii) homeless families, children, and youth receive educational services for which such families, children, and

youth are eligible, including Head Start and Even Start

programs and preschool programs administered by the local
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educational agency, and referrals to health care services,

dental services, mental health services, and other appropriate services.

‘‘(B) State coordinators and local educational agencies shall

inform school personnel, service providers, and advocates working with homeless families of the duties of the liaisons.

‘‘(8) REVIEW AND REVISIONS.—Each State educational

agency and local educational agency that receives assistance

under this subtitle shall review and revise any policies that

may act as barriers to the enrollment of homeless children

and youth in schools selected in accordance with paragraph

(3). In reviewing and revising such policies, consideration shall

be given to issues concerning transportation, immunization,

residency, birth certificates, school records, and other documentation, and guardianship. Special attention shall be given

to ensuring the enrollment and attendance of homeless children

and youth who are not currently attending school.

‘‘(9) COORDINATION.—Where applicable, each State and

local educational agency that receives assistance under this

subtitle shall coordinate with State and local housing agencies

responsible for developing the comprehensive housing affordability strategy described in section 105 of the Cranston-Gonzalez National Affordable Housing Act to minimize educational

disruption for children who become homeless.

‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH.

‘‘(a) GENERAL AUTHORITY.—

‘‘(1) IN GENERAL.—The State educational agency shall, in

accordance with section 722(e) and from amounts made available to such agency under section 726, make grants to local

educational agencies for the purpose of facilitating the enrollment, attendance, and success in school of homeless children

and youth.

‘‘(2) SERVICES.—Unless otherwise specified, services under

paragraph (1) may be provided through programs on school

grounds or at other facilities. Where such services are provided

through programs to homeless students on school grounds,

schools may provide services to other children and youth who

are determined by the local educational agency to be at risk

of failing in, or dropping out of, schools, in the same setting

or classroom. To the maximum extent practicable, such services

shall be provided through existing programs and mechanisms

that integrate homeless individuals with nonhomeless

individuals.

‘‘(3) REQUIREMENT.—Services provided under this section

shall not replace the regular academic program and shall be

designed to expand upon or improve services provided as part

of the school’s regular academic program.

‘‘(b) APPLICATION.—A local educational agency that desires to

receive a grant under this section shall submit an application

to the State educational agency at such time, in such manner,

and containing or accompanied by such information as the State

educational agency may reasonably require according to guidelines

issued by the Secretary. Each such application shall include—
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‘‘(1) a description of the services and programs for which

assistance is sought and the problems to be addressed through

the provision of such services and programs;

‘‘(2) an assurance that the local educational agency’s combined fiscal effort per student or the aggregate expenditures

of that agency and the State with respect to the provision

of free public education by such agency for the fiscal year

preceding the fiscal year for which the determination is made

was not less than 90 percent of such combined fiscal effort

or aggregate expenditures for the second fiscal year preceding

the fiscal year for which the determination is made;

‘‘(3) an assurance that the applicant complies with, or

will use requested funds to come into compliance with, paragraphs (3) through (9) of section 722(g); and

‘‘(4) a description of policies and procedures that the agency

will implement to ensure that activities carried out by the

agency will not isolate or stigmatize homeless children and

youth.

‘‘(c) AWARDS.—

‘‘(1) IN GENERAL.—The State educational agency shall, in

accordance with section 722(g) and from amounts made available to such agency under section 726, award grants under

this section to local educational agencies submitting an application under subsection (b) on the basis of the need of such

agencies.

‘‘(2) NEED.—In determining need under paragraph (1), the

State educational agency may consider the number of homeless

children and youth enrolled in preschool, elementary, and

secondary schools within the area served by the agency, and

shall consider the needs of such children and youth and the

ability of the agency to meet such needs. Such agency may

also consider—

‘‘(A) the extent to which the proposed use of funds

would facilitate the enrollment, retention, and educational

success of homeless children and youth; ‘‘(B) the extent to which the application reflects

coordination with other local and State agencies that serve

homeless children and youth, as well as the State plan

required by section 722(g); ‘‘(C) the extent to which the applicant exhibits in the

application and in current practice a commitment to education for all homeless children and youth; and ‘‘(D) such other criteria as the agency determines

appropriate.

‘‘(3) DURATION OF GRANTS.—Grants awarded under this

section shall be for terms not to exceed three years.

‘‘(d) AUTHORIZED ACTIVITIES.—A local educational agency may

use funds awarded under this section for activities to carry out

the purpose of this subtitle, including—

‘‘(1) the provision of tutoring, supplemental instruction,

and enriched educational services that are linked to the achievement of the same challenging State content standards and

challenging State student performance standards the State

establishes for other children or youth;

‘‘(2) the provision of expedited evaluations of the strengths

and needs of homeless children and youth, including needs

and eligibility for programs and services (such as educational
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programs for gifted and talented students, children with disabilities, and students with limited-English proficiency, services

provided under title I of the Elementary and Secondary Education Act of 1965 or similar State or local programs, programs

in vocational education, and school meals programs);

‘‘(3) professional development and other activities for educators and pupil services personnel that are designed to

heighten the understanding and sensitivity of such personnel

to the needs of homeless children and youth, the rights of

such children and youth under this Act, and the specific educational needs of runaway and homeless youth;

‘‘(4) the provision of referral services to homeless children

and youth for medical, dental, mental, and other health

services;

‘‘(5) the provision of assistance to defray the excess cost

of transportation for students pursuant to section 722(g)(4),

not otherwise provided through Federal, State, or local funding,

where necessary to enable students to attend the school selected

under section 722(g)(3);

‘‘(6) the provision of developmentally appropriate early

childhood education programs, not otherwise provided through

Federal, State, or local funding, for preschool-aged children;

‘‘(7) the provision of before- and after-school, mentoring,

and summer programs for homeless children and youth in

which a teacher or other qualified individual provides tutoring,

homework assistance, and supervision of educational activities;

‘‘(8) where necessary, the payment of fees and other costs

associated with tracking, obtaining, and transferring records

necessary to enroll homeless children and youth in school,

including birth certificates, immunization records, academic

records, guardianship records, and evaluations for special programs or services; ‘‘(9) the provision of education and training to the parents

of homeless children and youth about the rights of, and

resources available to, such children and youth; ‘‘(10) the development of coordination between schools and

agencies providing services to homeless children and youth,

including programs funded under the Runaway and Homeless

Youth Act;

‘‘(11) the provision of pupil services (including violence prevention counseling) and referrals for such services; ‘‘(12) activities to address the particular needs of homeless

children and youth that may arise from domestic violence; ‘‘(13) the adaptation of space and purchase of supplies

for nonschool facilities made available under subsection (a)(2)

to provide services under this subsection;

‘‘(14) the provision of school supplies, including those supplies to be distributed at shelters or temporary housing facilities, or other appropriate locations; and

‘‘(15) the provision of other extraordinary or emergency

assistance needed to enable homeless children and youth to

attend school.

‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.

‘‘(a) REVIEW OF PLANS.—In reviewing the State plans submitted

by the State educational agencies under section 722(g), the Secretary shall use a peer review process and shall evaluate whether
H. R. 6—448

State laws, policies, and practices described in such plans adequately address the problems of homeless children and youth relating to access to education and placement as described in such

plans.

‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall provide support and technical assistance to the State educational agencies

to assist such agencies to carry out their responsibilities under

this subtitle.

‘‘(c) EVALUATION AND DISSEMINATION.—The Secretary shall conduct evaluation and dissemination activities of programs designed

to meet the educational needs of homeless elementary and secondary school students, and may use funds appropriated under section

726 to conduct such activities.

‘‘(d) SUBMISSION AND DISTRIBUTION.—The Secretary shall

require applications for grants under this subtitle to be submitted

to the Secretary not later than the expiration of the 60-day period

beginning on the date that funds are available for purposes of

making such grants and shall make such grants not later than

the expiration of the 120-day period beginning on such date.

‘‘(e) DETERMINATION BY SECRETARY.—The Secretary, based on

the information received from the States and information gathered

by the Secretary under subsection (d), shall determine the extent

to which State educational agencies are ensuring that each homeless

child and homeless youth has access to a free appropriate public

education as described in section 721(1).

‘‘(f) REPORTS.—The Secretary shall prepare and submit a report

to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Human Resources

of the Senate on the programs and activities authorized by this

subtitle by December 31, 1997, and every third year thereafter.

‘‘SEC. 725. DEFINITIONS.

‘‘For the purpose of this subtitle, unless otherwise stated—

‘‘(1) the term ‘Secretary’ means the Secretary of Education;

and

‘‘(2) the term ‘State’ means each of the 50 States, the

District of Columbia, and the Commonwealth of Puerto Rico.

‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

‘‘For the purpose of carrying out this subtitle, there are authorized to be appropriated $30,000,000 for fiscal year 1995 and such

sums as may be necessary for each of the fiscal years 1996, 1997,

1998, and 1999.’’.

PART C—REPEAL OF IMPACT AID STATUTES

SEC. 331. REPEAL OF IMPACT AID STATUTES.

(a) PUBLIC LAW 81–815.—The Act entitled ‘‘An Act relating

to the construction of school facilities in areas affected by Federal

activities, and for other purposes’’, approved September 23, 1950

(64 Stat. 967; 20 U.S.C. 631 et seq.) is repealed.

(b) PUBLIC LAW 81–874.—The Act entitled ‘‘An Act to provide

assistance for local educational agencies in areas affected by Federal

activities, and for other purposes’’, approved September 30, 1950

(64 Stat. 1100; 20 U.S.C. 236 et seq.) is repealed.
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PART D—AMENDMENTS TO THE ADULT

EDUCATION ACT

SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.

(a) STATE PLAN.—Paragraph (11) of section 342(c) of the Adult Education Act (20 U.S.C. 1206a(c)(11)) is amended by inserting

‘‘Even Start,’’ after ‘‘1963,’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—Subsection (n) of section 384 of the Adult Education Act (20 U.S.C. 1213c(n)) is amended

by striking ‘‘and 1995’’ and inserting ‘‘1995, and 1996’’.

PART E—HIGHER EDUCATION

SEC. 351. HIGHER EDUCATION AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION ACT.

(a) AMENDMENT.—The Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2301 et seq.) is amended— (1) in paragraph (2) of section 232(d)— (A) by inserting ‘‘, notwithstanding section 427(b)(2) of the Higher Education Amendments of 1992,’’ before

‘‘has’’; and

(B) by inserting ‘‘as such section was in effect on July 22, 1992’’ before the semicolon; and

(2) in subparagraph (B) of section 404(a)(4)(B)— (A) by inserting ‘‘, notwithstanding section 427(b)(2) of the Higher Education Amendments of 1992,’’ before

‘‘has’’; and

(B) by inserting ‘‘as such section was in effect on July

22, 1992’’ before the period.

(b) EFFECTIVE DATE.—Subsection (a) and the amendments

made by subsection (a) shall take effect on the date of enactment

of this Act, except that a State that, prior to such date, distributed

funds under section 232 of the Carl D. Perkins Vocational and

Applied Technology Education Act from funds appropriated for fiscal

year 1994 for such program to proprietary institutions of higher

education, as such term is defined in section 481(b) of the Higher

Education Act of 1965, may continue to distribute such funds to

such institutions until July 1, 1995.

SEC. 352. TECHNICAL AMENDMENT TO THE SECOND MORRILL ACT.

Section 5 of the Act of August 30, 1890 (26 Stat. 417, chapter

841; 7 U.S.C. 326a) (commonly known as the ‘‘Second Morrill Act’’)

is amended by striking ‘‘and the Trust Territory of the Pacific

Islands or its successor governments’’ and inserting ‘‘the Federated

States of Micronesia, the Republic of the Marshall Islands, and

the Republic of Palau’’.

SEC. 353. DEFINITIONS FOR PART A OF TITLE III.

Paragraph (1) of section 312(b) of the Higher Education Act

of 1965 (20 U.S.C. 1058(b)(1)) is amended—

(1) by amending subparagraph (C) to read as follows:

‘‘(C) which is—

‘‘(i) legally authorized to provide, and provides

within the State, an educational program for which

such institution awards a bachelor’s degree;

‘‘(ii) a junior or community college; or
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‘‘(iii) the College of the Marshall Islands, the Col- lege of Micronesia/Federated States of Micronesia, and

Palau Community College;’’. (2) in subparagraph (D), by striking ‘‘and’’ after the semi- colon; and

(3) by adding after subparagraph (E) the following new subparagraph: ‘‘(F) located in a State; and’’.

SEC. 353A. PART D HEADING.

The heading for part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended to read as follows:

‘‘PART D—WILLIAM D. FORD FEDERAL DIRECT

LOAN PROGRAM’’.

SEC. 354. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL

EARLY INTERVENTION SCHOLARSHIP AND PARTNERSHIP

PROGRAM.

Section 404G of the Higher Education Act of 1965 (20 U.S.C. 1070a–27) is amended by striking the second sentence thereof.

SEC. 355. LENDER-OF-LAST-RESORT PROGRAMS.

(a) AMENDMENT.—Paragraph (1) of section 428(c) of the Higher Education Act of 1965 (20 U.S.C. 1078(c)(1)) is amended by adding

at the end the following new subparagraph: ‘‘(G) Notwithstanding any other provision of this sec- tion, the Secretary shall exclude a loan made pursuant

to a lender-of-last-resort program when making reimbursement payment calculations under subparagraphs (B) and

(C).’’.

(b) EFFECTIVE DATE.—Subsection (a) and the amendment made

by subsection (a) shall take effect on August 10, 1993.

SEC. 356. FEDERAL CONSOLIDATION LOANS.

Paragraph (4) of section 428C(a) of the Higher Education Act of 1965 (20 U.S.C. 1078–3(a)(4)) is amended—

(1) in subparagraph (B), by striking ‘‘or’’ after the semi- colon;

(2) in subparagraph (C), by striking the period and insert- ing ‘‘; or’’; and (3) by adding at the end the following new subparagraph: ‘‘(D) made under subpart II of part B of title VIII

of the Public Health Service Act.’’.

SEC. 357. DEFINITION OF ECONOMIC HARDSHIP.

Paragraph (1) of section 435(o) of the Higher Education Act

of 1965 (20 U.S.C. 1085(o)(1)) is amended—

(1) in clause (ii) of subparagraph (A), by striking ‘‘or’’ after

the semicolon;

(2) by redesignating subparagraph (B) as subparagraph

(C);

(3) by inserting after subparagraph (A) the following new

subparagraph:

‘‘(B) such borrower is working full-time and has a

Federal educational debt burden that equals or exceeds

20 percent of such borrower’s adjusted gross income, and

the difference between such borrower’s adjusted gross
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income minus such burden is less than 220 percent of

the greater of— ‘‘(i) the annual earnings of an individual earning the minimum wage under section 6 of the Fair Labor

Standards Act of 1938; or

‘‘(ii) the income official poverty line (as defined by the Office of Management and Budget, and revised

annually in accordance with section 673(2) of the

Community Services Block Grant Act) applicable to

a family of two; or’’; and (4) in paragraph (2), by striking ‘‘(1)(B)’’ and inserting ‘‘(1)(C)’’.

SEC. 358. FACILITIES AUTHORITY OF THE STUDENT LOAN MARKETING ASSOCIATION.

Section 439 of the Higher Education Act of 1965 (20 U.S.C. 1087–2) is amended—

(1) in subparagraph (C) of subsection (d)(1)— (A) in the matter preceding clause (i), by inserting ‘‘(including related equipment, instrumentation, and furnishings)’’ after ‘‘materials’’; (B) in clause (ii), by striking the semicolon and inserting ‘‘, dining halls, student unions, and facilities specifically

designed to promote fitness and health for students, faculty,

and staff or for physical education courses; and’’; (C) in clause (iii), by striking ‘‘and’’ after the semicolon;

(D) in the matter following clause (iv)— (i) by striking ‘‘15 percent’’ and inserting ‘‘30 percent’’; and

(ii) by striking ‘‘type’’ and inserting ‘‘types’’; and

(E) by striking clause (iv); and

(2) in subsection (n), by striking ‘‘a report of its operations

and activities during each year’’ and inserting ‘‘a report of

the Association’s operations and activities, including a report

with respect to all facilities transactions, during each year’’.

SEC. 358A. PROGRAM AUTHORITY.

Section 451 of the Higher Education Act of 1965 (20 U.S.C. 2087a) is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘There’’; and

(2) by adding at the end the following new subsection: ‘‘(b) DESIGNATION.—

‘‘(1) PROGRAM.—The program established under this part

shall be referred to as the ‘William D. Ford Federal Direct

Loan Program’.

‘‘(2) DIRECT LOANS.—Notwithstanding any other provision

of this part, loans made to borrowers under this part that,

except as otherwise specified in this part, have the same terms,

conditions, and benefits as loans made to borrowers under

section 428, shall be known as ‘Federal Direct Stafford/Ford

Loans’.’’.

SEC. 359. DEFERMENT ELIGIBILITY.

Subsection (f) of section 455 of the Higher Education Act of

1965 (20 U.S.C. 1087e(f)) is amended by adding at the end the

following new paragraphs:

‘‘(3) DEFINITION OF BORROWER.—For the purpose of this

subsection, the term ‘‘borrower’’ means an individual who is
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a new borrower on the date such individual applies for a

loan under this part for which the first disbursement is made

on or after July 1, 1993.

‘‘(4) DEFERMENTS FOR PREVIOUS PART B LOAN BORROWERS.—

A borrower of a loan made under this part, who at the time

such individual applies for such loan, has an outstanding balance of principal or interest owing on any loan made, insured,

or guaranteed under part B of title IV prior to July 1, 1993,

shall be eligible for a deferment under section 427(a)(2)(C)

or section 428(b)(1)(M) as such sections were in effect on July

22, 1992.’’.

SEC. 360. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA NURSING SCHOOLS.

(a) AMENDMENT.—Part G of title IV of the Higher Education

Act of 1965 (20 U.S.C. 1088 et seq.) is amended by inserting

after section 481 the following new section:

‘‘SEC. 481A. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA

NURSING SCHOOLS.

‘‘Notwithstanding any other provision of this Act, any regulations promulgated by the Secretary concerning the relationship

between clock hours and semester, trimester, or quarter hours

in calculating student grant, loan, or work assistance under this

title, shall not apply to a public or private nonprofit hospitalbased school of nursing that awards a diploma at the completion

of the school’s program of education.’’.

(b) EFFECTIVE DATE.—Subsection (a) and the amendment made

by subsection (a) shall take effect on July 1, 1994.

SEC. 360A. ELIGIBILITY FOR STUDENTS FROM PALAU.

Subsection (j) of section 484 of the Higher Education Act of 1965 (20 U.S.C. 1091(j)) is amended to read as follows: ‘‘(j) ASSISTANCE UNDER SUBPARTS 1, 3, AND 6, AND CHAPTER

1 OF SUBPART 2, OF PART A, AND PART C.—Notwithstanding any

other provision of law, a student shall be eligible, if otherwise

qualified, for assistance under subparts 1, 3, and 6, and chapter

1 of subpart 2, of part A, and part C, of this title, if the student

is otherwise qualified and—

‘‘(1) is a citizen of the Federated States of Micronesia,

the Republic of the Marshall Islands, or the Republic of Palau,

and attends an institution of higher education in a State or

a public or nonprofit private institution of higher education

in the Federated States of Micronesia, the Republic of the

Marshall Islands, or the Republic of Palau; or

‘‘(2) meets the requirements of subsection (a)(5) and attends

a public or nonprofit private institution of higher education

in the Federated States of Micronesia, the Republic of the

Marshall Islands, or the Republic of Palau.’’.

SEC. 360B. DISCLOSURE OF ATHLETIC PROGRAM PARTICIPATION

RATES AND FINANCIAL SUPPORT DATA.

(a) SHORT TITLE.—This section may be cited as the ‘‘Equity

in Athletics Disclosure Act’’.

(b) FINDINGS.—The Congress finds that—

(1) participation in athletic pursuits plays an important

role in teaching young Americans how to work on teams, handle

challenges and overcome obstacles;
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(2) participation in athletic pursuits plays an important

role in keeping the minds and bodies of young Americans

healthy and physically fit;

(3) there is increasing concern among citizens, educators,

and public officials regarding the athletic opportunities for

young men and women at institutions of higher education;

(4) a recent study by the National Collegiate Athletic

Association found that in Division I–A institutions, only 20

percent of the average athletic department operations budget

of $1,310,000 is spent on women’s athletics; 15 percent of

the average recruiting budget of $318,402 is spent on recruiting

female athletes; the average scholarship expenses for men is

$1,300,000 and $505,246 for women; and an average of 143

grants are awarded to male athletes and 59 to women athletes;

(5) female college athletes receive less than 18 percent

of the athletics recruiting dollar and less than 24 percent of

the athletics operating dollar;

(6) male college athletes receive approximately

$179,000,000 more per year in athletic scholarship grants than

female college athletes;

(7) prospective students and prospective student athletes

should be aware of the commitments of an institution to providing equitable athletic opportunities for its men and women

students; and

(8) knowledge of an institution’s expenditures for women’s

and men’s athletic programs would help prospective students

and prospective student athletes make informed judgments

about the commitments of a given institution of higher education to providing equitable athletic benefits to its men and

women students.

(c) DISCLOSURE OF ATHLETIC PROGRAM.—Section 485 of the

Higher Education Act of 1965 (20 U.S.C. 1092) is amended by

adding at the end the following new subsection: ‘‘(g) DATA REQUIRED.— ‘‘(1) IN GENERAL.—Each coeducational institution of higher

education that participates in any program under this title,

and has an intercollegiate athletic program, shall annually,

for the immediately preceding academic year, prepare a report

that contains the following information regarding intercollegiate

athletics:

‘‘(A) The number of male and female full-time undergraduates that attended the institution. ‘‘(B) A listing of the varsity teams that competed in

intercollegiate athletic competition and for each such team

the following data:

‘‘(i) The total number of participants, by team,

as of the day of the first scheduled contest for the

team.

‘‘(ii) Total operating expenses attributable to such

teams, except that an institution may also report such

expenses on a per capita basis for each team and

expenditures attributable to closely related teams such

as track and field or swimming and diving, may be

reported together, although such combinations shall

be reported separately for men’s and women’s teams.

‘‘(iii) Whether the head coach is male or female

and whether the head coach is assigned to that team
H. R. 6—454

on a full-time or part-time basis. Graduate assistants

and volunteers who serve as head coaches shall be

considered to be head coaches for the purposes of this

clause.

‘‘(iv) The number of assistant coaches who are

male and the number of assistant coaches who are

female for each team and whether a particular coach

is assigned to that team on a full-time or part-time

basis. Graduate assistants and volunteers who serve

as assistant coaches shall be considered to be assistant

coaches for the purposes of this clause.

‘‘(C) The total amount of money spent on athletically

related student aid, including the value of waivers of educational expenses, separately for men’s and women’s teams

overall.

‘‘(D) The ratio of athletically related student aid

awarded male athletes to athletically related student aid

awarded female athletes.

‘‘(E) The total amount of expenditures on recruiting,

separately for men’s and women’s teams overall.

‘‘(F) The total annual revenues generated across all

men’s teams and across all women’s teams, except that

an institution may also report such revenues by individual

team.

‘‘(G) The average annual institutional salary of the

head coaches of men’s teams, across all offered sports,

and the average annual institutional salary of the head

coaches of women’s teams, across all offered sports.

‘‘(H) The average annual institutional salary of the

assistant coaches of men’s teams, across all offered sports,

and the average annual institutional salary of the assistant

coaches of women’s teams, across all offered sports.

‘‘(2) SPECIAL RULE.—For the purposes of subparagraph (G),

if a coach has responsibilities for more than one team and

the institution does not allocate such coach’s salary by team,

the institution should divide the salary by the number of teams

for which the coach has responsibility and allocate the salary

among the teams on a basis consistent with the coach’s responsibilities for the different teams.

‘‘(3) DISCLOSURE OF INFORMATION TO STUDENTS AND PUBLIC.—An institution of higher education described in paragraph

(1) shall make available to students and potential students,

upon request, and to the public, the information contained

in the report described in paragraph (1), except that all students

shall be informed of their right to request such information.

‘‘(4) DEFINITION.—For the purposes of this subsection, the

term ‘operating expenses’ means expenditures on lodging and

meals, transportation, officials, uniforms and equipment.

‘‘(5) REGULATIONS AND EFFECTIVE DATE.—The Secretary

shall issue final regulations to implement the requirements

of this subsection not later than 180 days following the enactment of this subsection. Each institution described in paragraph

(1) shall make available its first report pursuant to this section

not later than October 1, 1996.’’.
H. R. 6—455

SEC. 360C. FEDERAL INSURANCE FOR BONDS.

Subsection (b) of section 723 of the Higher Education Act of 1965 (20 U.S.C. 1132c–2(b)) is amended—

(1) in paragraph (8)— (A) in subparagraph (A), by inserting ‘‘, with each

eligible institution required to maintain in the escrow

account an amount equal to 10 percent of the outstanding

principal of all loans made to such institution under this

part’’ before the semicolon; and

(B) by amending clause (ii) of subparagraph (B) to

read as follows:

‘‘(ii) shall be used to return to an eligible institution an amount equal to any remaining portion of

such institution’s 10 percent deposit of loan proceeds

following scheduled repayment of such institution’s

loan;’’; and

(2) in paragraph (11), by striking ‘‘regulations’’ and inserting ‘‘conditions’’.

SEC. 360D. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY

TRANSITION TRAINING FOR INCARCERATED YOUTH

OFFENDERS.

Title X of the Higher Education Act of 1965 (20 U.S.C. 1135

et seq.) is amended by adding at the end the following new part:

‘‘PART E—GRANTS TO STATES FOR WORKPLACE AND

COMMUNITY TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS

‘‘SEC. 1091. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY

TRANSITION TRAINING FOR INCARCERATED YOUTH

OFFENDERS.

‘‘(a) FINDINGS.—The Congress finds the following:

‘‘(1) Over 150,000 youth offenders age 21 and younger

are incarcerated in the Nation’s jails, juvenile facilities, and

prisons.

‘‘(2) Most youth offenders who are incarcerated have been

sentenced as first-time adult felons.

‘‘(3) Approximately 75 percent of youth offenders are high

school dropouts who lack basic literacy and life skills, have

little or no job experience, and lack marketable skills.

‘‘(4) The average incarcerated youth has attended school

only through grade 10.

‘‘(5) Most of these youths can be diverted from a life of

crime into productive citizenship with available educational,

vocational, work skills, and related service programs.

‘‘(6) If not involved with educational programs while incarcerated, almost all of these youths will return to a life of

crime upon release.

‘‘(7) The average length of sentence for a youth offender

is about 3 years. Time spent in prison provides a unique opportunity for education and training.

‘‘(8) Even with quality education and training provided

during incarceration, a period of intense supervision, support,

and counseling is needed upon release to ensure effective

reintegration of youth offenders into society.
H. R. 6—456

‘‘(9) Research consistently shows that the vast majority

of incarcerated youths will not return to the public schools

to complete their education.

‘‘(10) There is a need for alternative educational opportunities during incarceration and after release.

‘‘(b) DEFINITION.—For purposes of this part, the term ‘youth

offender’ means a male or female offender under the age of 25,

who is incarcerated in a State prison, including a prerelease facility.

‘‘(c) GRANT PROGRAM.—The Secretary shall establish a program

in accordance with this section to provide grants to the State

correctional education agencies to assist and encourage incarcerated

youths to acquire functional literacy, life, and job skills, through

the pursuit of a postsecondary education certificate, or an associate

of arts or bachelor’s degree while in prison, and employment counseling and other related services which start during incarceration

and continue through prerelease and while on parole.

‘‘(d) APPLICATION.—To be eligible for a grant under this section,

a State correctional education agency shall submit to the Secretary

a proposal for a youth offender program that—

‘‘(1) identifies the scope of the problem, including the number of incarcerated youths in need of postsecondary education

and vocational training;

‘‘(2) lists the accredited public or private educational

institution or institutions that will provide postsecondary educational services;

‘‘(3) lists the cooperating agencies, public and private, or

businesses that will provide related services, such as counseling

in the areas of career development, substance abuse, health,

and parenting skills; ‘‘(4) describes the evaluation methods and performance

measures that the State correctional education agency will

employ, provided that such methods and measures are appropriate to meet the goals and objectives of the proposal, and

that such methods and measures include measures of—

‘‘(A) program completion;

‘‘(B) student academic and vocational skill attainment;

‘‘(C) success in job placement and retention; and

‘‘(D) recidivism;

‘‘(5) describes how the proposed programs are to be

integrated with existing State correctional education programs

(such as adult education, graduate education degree programs,

and vocational training) and State industry programs; ‘‘(6) addresses the educational needs of youth offenders who are in alternative programs (such as boot camps); and ‘‘(7) describes how students will be selected so that only

youth offenders eligible under subsection (f) will be enrolled

in postsecondary programs.

‘‘(e) PROGRAM REQUIREMENTS.—Each State correctional education agency receiving a grant under this section shall—

‘‘(1) integrate activities carried out under the grant with

the objectives and activities of the school-to-work programs

of such State, including—

‘‘(A) work experience or apprenticeship programs;

‘‘(B) transitional worksite job training for vocational

education students that is related to the occupational goals

of such students and closely linked to classroom and laboratory instruction;
H. R. 6—457

‘‘(C) placement services in occupations that the students are preparing to enter;

‘‘(D) employment-based learning programs; and

‘‘(E) programs that address State and local labor

shortages;

‘‘(2) annually report to the Secretary and the Attorney

General on the results of the evaluations conducted using the

methods and performance measures contained in the proposal;

and

‘‘(3) provide to each State for each student eligible under

subsection (f) not more than $1,500 annually for tuition, books,

and essential materials, and not more than $300 annually

for related services such as career development, substance

abuse counseling, parenting skills training, and health education, for each eligible incarcerated youth.

‘‘(f) STUDENT ELIGIBILITY.—A youth offender shall be eligible

for participation in a program receiving a grant under this section

if the youth offender—

‘‘(1) is eligible to be released within five years (including

a youth offender who is eligible for parole within such time);

and

‘‘(2) is 25 years of age or younger.

‘‘(g) LENGTH OF PARTICIPATION.—A State correctional education

agency receiving a grant under this section shall provide educational

and related services to each participating youth offender for a

period not to exceed 5 years, 1 year of which may be devoted

to study in a graduate education degree program or to remedial

education services for students who have obtained a secondary

school diploma. Educational and related services shall start during

the period of incarceration in prison or prerelease and may continue

during the period of parole.

‘‘(h) EDUCATION DELIVERY SYSTEMS.—State correctional education agencies and cooperating institutions shall, to the extent

practicable, use high-tech applications in developing programs to

meet the requirements and goals of this section.

‘‘(i) ALLOCATION OF FUNDS.—From the amounts appropriated

pursuant to subsection (j), the Secretary shall allot to each State

an amount that bears the same relationship to such funds as

the total number of students eligible under subsection (f) in such

State bears to the total number of such students in all States.

‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to carry out this section $5,000,000 for fiscal

year 1995 and such sums as may be necessary for fiscal year

1996 and each of the four succeeding fiscal years.’’.

PART F—OTHER ACTS

SEC. 361. GOALS 2000: EDUCATE AMERICA ACT.

(a) REPEALS.—Sections 231, 232, 234, and 235 of the Goals

2000: Educate America Act (20 U.S.C. 5861, 5862, 5863, and 5864)

are repealed.

(b) GIFT AUTHORITY.—

(1) NATIONAL EDUCATION GOALS PANEL.—Section 204 of

the Goals 2000: Educate America Act (20 U.S.C. 5824) is

amended by adding at the end the following new subsection:
H. R. 6—458

‘‘(f) GIFTS.—The Goals Panel may accept, administer, and utilize

gifts or donations of services, money, or property, whether real

or personal, tangible or intangible.’’.

(2) NATIONAL EDUCATION STANDARDS AND IMPROVEMENT

COUNCIL.—Section 215 of the Goals 2000: Educate America

Act (20 U.S.C. 5845) is amended by adding at the end the

following new subsection:

‘‘(f) GIFTS.—The Council may accept, administer, and utilize

gifts or donations of services, money, or property, whether real

or personal, tangible or intangible.’’.

(c) LOCAL AGENCY PLAN APPROVAL.—Paragraph 4 of section

309(a) of the Goals 2000: Educate America Act (20 U.S.C. 5889)

is amended by inserting ‘‘made by the local educational agency’’

after ‘‘modifications’’.

(d) STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT

THROUGH INTEGRATION OF TECHNOLOGY INTO THE CURRICULUM.—

Subsection (b) of section 317 of the Goals 2000: Educate America

Act (20 U.S.C. 5897(b)) is amended by adding at the end the

following new paragraph:

‘‘(3) OUTLYING AREAS.—(A) From the amount appropriated

pursuant to the authority of subsection (f) for fiscal year 1995,

the Secretary shall reserve a total of 1 percent to provide

assistance under this section—

‘‘(i) to the outlying areas; and

‘‘(ii) for the Secretary of the Interior to conduct directly

or through a contract, systemic technology planning for

Bureau-funded schools.

‘‘(B) The funds reserved under subparagraph (A) shall be

distributed among the outlying areas and the Secretary of

the Interior by the Secretary according to the relative need

of such areas and schools for assistance under this section.’’.

SEC. 362. EDUCATION COUNCIL ACT OF 1991.

Title II of the Education Council Act of 1991 (20 U.S.C. 1221–

1 note) is repealed.

SEC. 363. AUGUSTUS F. HAWKINS-ROBERT T. STAFFORD ELEMENTARY

AND SECONDARY SCHOOL IMPROVEMENT AMENDMENTS

OF 1988.

Title IV of the Augustus F. Hawkins-Robert T. Stafford

Elementary and Secondary School Improvement Amendments of

1988 (20 U.S.C. 4901 et seq.) is repealed.

SEC. 364. STAR SCHOOLS PROGRAM ASSISTANCE ACT.

The Star Schools Program Assistance Act (20 U.S.C. 4081 et

seq.) is repealed.

SEC. 365. FUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLS

AND TEACHING ACT.

The Fund for the Improvement and Reform of Schools and

Teaching Act (20 U.S.C. 4801) is repealed.

SEC. 366. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS

WITH DISABILITIES ACT OF 1988.

(a) IN GENERAL.—Part E of title II of the Technology-Related

Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C.

2231 et seq.) is repealed.
H. R. 6—459

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect as if included in the Technology-Related Assistance

for Individuals With Disabilities Act Amendments of 1994.

SEC. 367. INDIAN EDUCATION ACT OF 1988.

The Indian Education Act of 1988 (25 U.S.C. 2601 note) is

repealed.

SEC. 368. REHABILITATION ACT.

(a) IN GENERAL.—Notwithstanding any provision of the

Rehabilitation Act of 1973, the amount otherwise payable to a

State under section 111 of such Act shall be reduced for fiscal

years 1987, 1988, and 1989, by the amount by which expenditures

from non-Federal sources under the State plan under title I of

such Act for such year are less than the total of such expenditures

for fiscal year 1972.

(b) EFFECTIVE DATE.—The amendment made by this section

shall take effect as if included in the Rehabilitation Act Amendments of 1992.

SEC. 369. AMENDMENT TO THE CARL D. PERKINS VOCATIONAL AND

APPLIED TECHNOLOGY EDUCATION ACT REGARDING THE

TERRITORIES.

Section 101A of the Carl D. Perkins Vocational and Applied

Technology Education Act (20 U.S.C. 2311a) is amended to read

as follows:

‘‘SEC. 101A. THE TERRITORIES.

‘‘(a) THE TERRITORIES.—From funds reserved pursuant to section 101(a)(1)(C), the Secretary shall—

‘‘(1) make a grant in the amount of $500,000 to Guam;

and

‘‘(2) make a grant in the amount of $190,000 to each

of American Samoa and the Commonwealth of the Northern

Mariana Islands.

‘‘(b) REMAINDER.—Subject to the provisions of subsection (a),

the Secretary shall make a grant of the remainder of funds reserved

pursuant to section 101(a)(1)(C) to the Pacific Region Educational

Laboratory in Honolulu, Hawaii, to make grants for vocational

education and training in Guam, American Samoa, the Republic

of Palau, the Commonwealth of the Northern Mariana Islands,

the Federated States of Micronesia, and the Republic of the Marshall Islands, for the purpose of providing direct educational services, including—

‘‘(1) teacher and counselor training and retraining;

‘‘(2) curriculum development; and

‘‘(3) improving vocational education and training programs

in secondary schools and institutions of higher education, or

improving cooperative education programs involving both

secondary schools and institutions of higher education.

‘‘(c) LIMITATION.—The Pacific Region Educational Laboratory

may use not more than 5 percent of the funds received pursuant

to subsection (b) for administrative costs.’’.

SEC. 370. FAMILY SUPPORT CENTER PROGRAM.

(a) ADMINISTRATIVE PROVISIONS.—Subsection (f) of section 772

of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.

11482(f)) is amended—
H. R. 6—460

(1) by amending paragraph (1) to read as follows:

‘‘(1) ADMINISTRATIVE COSTS.—Two percent of the amounts

appropriated under this title may be used by the Secretary

to administer the programs established under this title and

three percent of the amounts appropriated under this title

may be used by the Secretary to evaluate such programs and

to provide technical assistance to entities for the development

and submission of applications for grants under this section.’’; (2) in paragraph (3), by striking ‘‘2 years’’ and inserting ‘‘3 years’’; and (3) by adding at the end thereof the following new paragraph: ‘‘(4) MINIMUM AMOUNT.—No grant made under subsection (a) may be awarded in an amount that is less than $200,000

per year.’’.

(b) REPORT.—The matter preceding paragraph (1) of section 777 of such Act (42 U.S.C. 11487) is amended by striking ‘‘1992’’

and inserting ‘‘1995’’. (c) AUTHORIZATION FOR APPROPRIATIONS.—Section 779 of such

Act (42 U.S.C. 11489) is amended by striking ‘‘for fiscal year 1993’’

and inserting ‘‘for each of the fiscal years 1993 through 1998’’.

(d) TECHNICAL AMENDMENT.—Subsection (a) of section 774 of

such Act (42 U.S.C. 11484(a)) is amended by striking ‘‘subsection

(e)’’ and inserting ‘‘subsection (d)’’.

SEC. 371. THE NATIONAL FOUNDATION ON THE ARTS AND THE

HUMANITIES ACT OF 1965.

Subsection (c) of section 11 of the National Foundation on

the Arts and the Humanities Act of 1965 (20 U.S.C. 960(c)) is

amended—

(1) in the second sentence of paragraph (1)—

(A) by striking ‘‘any fiscal year’’ and inserting ‘‘fiscal

year 1995’’; and

(B) by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’; and

(2) in the second sentence of paragraph (2)—

(A) by striking ‘‘any fiscal year’’ and inserting ‘‘fiscal

year 1995’’; and

(B) by striking ‘‘$50,000’’ and inserting ‘‘$100,000’’.

SEC. 372. OFFICE OF INDIAN EDUCATION; OFFICE OF BILINGUAL EDUCATION.

Title II of the Department of Education Organization Act (20

U.S.C. 3411 et seq.) is further amended—

(1) by redesignating section 215 as section 217; and

(2) by adding after section 214 (as added by section 271(c))

the following new section:

‘‘SEC. 215. OFFICE OF INDIAN EDUCATION.

‘‘(a) OFFICE OF INDIAN EDUCATION.—There shall be an Office

of Indian Education (referred to in this section as ‘the Office’)

in the Department of Education.

‘‘(b) DIRECTOR.— ‘‘(1) APPOINTMENT AND REPORTING.—The Office shall be

under the direction of the Director, who shall be appointed

by the Secretary and who shall report directly to the Assistant

Secretary for Elementary and Secondary Education.

‘‘(2) DUTIES.—The Director shall—

‘‘(A) be responsible for administering this title;
H. R. 6—461

‘‘(B) be involved in, and be primarily responsible for, the development of all policies affecting Indian children

and adults under programs administered by the Office

of Elementary and Secondary Education; ‘‘(C) coordinate the development of policy and practice for all programs in the Department relating to Indian

persons; and ‘‘(D) assist the Assistant Secretary of the Office of Educational Research and Improvement in identifying

research priorities related to the education of Indian

persons. ‘‘(c) INDIAN PREFERENCE IN EMPLOYMENT.— ‘‘(1) IN GENERAL.—The Secretary shall give a preference to Indian persons in all personnel actions in the Office. ‘‘(2) IMPLEMENTATION.—Such preference shall be implemented in the same fashion as the preference given to any

veteran under section 45 of title 25, United States Code.

‘‘SEC. 216. OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGES AFFAIRS.

‘‘(a) ESTABLISHMENT.—There shall be, in the Department, an

Office of Bilingual Education and Minority Languages Affairs

through which the Secretary shall carry out functions relating

to bilingual education.

‘‘(b) DIRECTOR.—

‘‘(1) IN GENERAL.—The Office shall be headed by a Director

of Bilingual Education and Minority Languages Affairs,

appointed by the Secretary, to whom the Secretary shall delegate all delegable functions relating to bilingual education.

The Director shall also be assigned responsibility for recommending improvements and providing technical assistance

to other Federal programs serving language-minority and limited-English-proficient students and their families and for

assisting the Assistant Secretary of the Office of Educational

Research and Improvement in identifying research priorities

which reflect the needs of language-minority and limited-English language proficient students.

‘‘(2) ORGANIZATION.—The Office shall be organized as the

Director determines to be appropriate in order to carry out

such functions and responsibilities effectively.

‘‘(3) INCLUSION.—The Secretary shall ensure that limitedEnglish-proficient and language-minority students are included

in ways that are valid, reliable, and fair under all standards

and assessment development conducted or funded by the

Department.’’.

PART G—LIBRARY SERVICES AND

CONSTRUCTION REAUTHORIZATION

SEC. 375. LIBRARY SERVICES AND CONSTRUCTION ACT AUTHORIZATIONS.

(a) IN GENERAL.—Subsection (a) of section 4 of the Library Services and Construction Act (20 U.S.C. 351b(a)) is amended—

(1) by striking ‘‘for fiscal year 1990 and such sums as

may be necessary for each of the 4 succeeding fiscal years’’

each place the phrase appears and inserting ‘‘for fiscal year

1995’’; and
H. R. 6—462

(2) in the matter following paragraph (7), by striking ‘‘each

of the fiscal years 1990, 1991, 1992, 1993, and 1994’’ and

inserting ‘‘fiscal year 1995’’.

(b) FAMILY LEARNING CENTERS.—Section 806 (20 U.S.C. 385e)

is amended to read as follows:

‘‘AUTHORIZATION OF APPROPRIATIONS

‘‘SEC. 806. There are authorized to be appropriated such sums

as may be necessary for fiscal year 1995 to carry out this part.’’.

(c) LIBRARY LITERACY CENTERS.—Section 818 (20 U.S.C. 386g)

is amended to read as follows:

‘‘AUTHORIZATION OF APPROPRIATIONS

‘‘SEC. 818. There are authorized to be appropriated such sums

as may be necessary for fiscal year 1995 to carry out this part.’’.

PART H—AMENDMENTS TO STATUTES

PERTAINING TO INDIAN EDUCATION

SEC. 381. BUREAU OF INDIAN AFFAIRS.

Part B of title XI of the Education Amendments of 1978 (25

U.S.C. 2001 et seq.) is amended to read as follows:

‘‘PART B—BUREAU OF INDIAN AFFAIRS PROGRAMS

‘‘SEC. 1121. STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.

‘‘(a)(1) The purpose of the standards developed under this section shall be to afford Indian students being served by a Bureau

funded school with the same opportunities as all other students

to achieve the National Education Goals embodied in the Goals

2000: Educate America Act. Consistent with the provisions of this

section and section 1131, the Secretary shall take such actions

as are necessary to coordinate standards developed and implemented under this section with those in the State improvement

plans developed and implemented pursuant to the Goals 2000:

Educate America Act for the States in which each Bureau funded

school operates. In developing and reviewing such standards and

coordination, the Secretary shall utilize the findings and recommendations of the panel established in section 315(b)(4) of such

Act.

‘‘(2) The Secretary shall take immediate steps to encourage

school boards of Bureau funded schools to engage their communities

in adopting declarations of purposes of education in their communities, analyzing the implications of such purposes for their schools,

and determining how such purposes may be made to motivate

students and faculties and otherwise animate their schools by May

1, 1995. Such declarations shall represent the aspirations of a

community for the kinds of persons such community wants its

children to increasingly become, and shall include such purposes

as assuring that all learners are becoming accomplished in ways

important to themselves and respected by their parents and communities, shaping worthwhile and satisfying lives for themselves,

exemplifying the best values of the community and humankind,
H. R. 6—463

and becoming increasingly effective in shaping the character and

quality of the world all learners share.

‘‘(b) Within 18 months of the publication of the voluntary

national content standards described in section 213(a) of the Goals

2000: Educate America Act, the Secretary, in consultation with

the Secretary of Education and Indian organizations and tribes,

shall carry out or cause to be carried out by contract with an

Indian organization such studies and surveys, making the fullest

use possible of other existing studies, surveys, and plans, as are

necessary to establish and revise standards for the basic education

of Indian children attending Bureau funded schools. Such studies

and surveys shall take into account factors such as academic needs,

local cultural differences, type and level of language skills,

geographic isolation, and appropriate teacher-student ratios for such

children, and shall be directed toward the attainment of equal

educational opportunity for such children.

‘‘(c)(1) The Secretary shall revise the minimum academic standards published in the Federal Register of September 9, 1985 (50

Fed. Reg. 174) for the basic education of Indian children in accordance with the purpose described in subsection (a) and the findings

of the studies and surveys described in subsection (b), and shall

publish such revised standards in the Federal Register for the

purpose of receiving comments from the tribes and other interested

parties. Within 21 months of the date of enactment of the Improving

America’s Schools Act of 1994, the Secretary shall establish final

standards, distribute such standards to all the tribes and publish

such final standards in the Federal Register. The Secretary shall

revise such final standards periodically as necessary. Prior to any

revision of such final standards, the Secretary shall distribute such

proposed revision to all the tribes, and publish such proposed revision in the Federal Register, for the purpose of receiving comments

from the tribes and other interested parties.

‘‘(2) The standards described in paragraph (1) shall apply to

Bureau schools, and subject to subsection (f), to contract or grant

schools, and may also serve as a model for educational programs

for Indian children in public schools. In establishing and revising

such standards, the Secretary shall take into account the special

needs of Indian students and the support and reinforcement of

the specific cultural heritage of each tribe.

‘‘(d) The Secretary shall provide alternative or modified standards in lieu of the standards established under subsection (c),

where necessary, so that the programs of each school shall be

in compliance with the minimum standards required for accreditation of schools in the State where the school is located.

‘‘(e) A tribal governing body, or the local school board so designated by the tribal governing body, shall have the local authority

to waive, in part or in whole, the standards established under

subsection (c) and (d), where such standards are deemed by such

body to be inappropriate. The tribal governing body or designated

school board shall, within 60 days thereafter, submit to the Secretary a proposal for alternative standards that take into account

the specific needs of the tribe’s children. Such revised standards

shall be established by the Secretary unless specifically rejected

by the Secretary for good cause and in writing to the affected

tribes or local school board, which rejection shall be final and

unreviewable.
H. R. 6—464

‘‘(f)(1) The Secretary, through contracting and grant-making

procedures, shall assist school boards of contract or grant schools

in the implementation of the standards established under subsections (c) and (d), if the school boards request that such standards,

in part or in whole, be implemented. At the request of a contract

or grant school board, the Secretary shall provide alternative or

modified standards for the standards established under subsections

(c) and (d) to take into account the needs of the Indian children

and the contract or grant school.

‘‘(2) Within 1 year of the date of the enactment of the Indian

Education Technical Amendments Act of 1985, the Bureau shall,

either directly or through contract with an Indian organization,

establish a consistent system of reporting standards for fiscal control

and fund accounting for all contract or grant schools. Such standards shall yield data results comparable to those used by Bureau

schools.

‘‘(g) Subject to subsections (e) and (f), the Secretary shall begin

to implement the standards established under this section immediately upon the date of their establishment. Not later than January

1, 1995, and at each time thereafter that the annual budget request

for Bureau educational services is presented, the Secretary shall

submit to the appropriate committees of Congress a detailed plan

to bring all Bureau schools and contract or grant schools up to

the level required by the applicable standards established under

this section. Such plan shall include detailed information on the

status of each school’s educational program in relation to the

applicable standards established under this section, specific cost

estimates for meeting such standards at each school, and specific

time lines for bringing each school up to the level required by

such standards.

‘‘(h)(1) Except as specifically required by statute, no school

or peripheral dormitory operated by the Bureau on or after January

1, 1992, may be closed or consolidated or have its program substantially curtailed unless done according to the requirements of this

subsection, except that, in those cases where the tribal governing

body, or the local school board concerned (if so designated by the

tribal governing body), requests closure or consolidation, the

requirements of this subsection shall not apply. The requirements

of this subsection shall not apply when a temporary closure, consolidation, or substantial curtailment is required by plant conditions

which constitute an immediate hazard to health and safety. ‘‘(2) The Secretary shall, by regulation, promulgate standards

and procedures for the closing, consolidation, or substantial curtailment of Bureau schools in accordance with the requirements of

this subsection.

‘‘(3) Whenever closure, transfer to any other authority, consolidation, or substantial curtailment of a school is under active consideration or review by any division of the Bureau or the Department

of the Interior, the affected tribe, tribal governing body, and designated local school board, will be notified as soon as such consideration or review begins, kept fully and currently informed, and

afforded an opportunity to comment with respect to such consideration or review. When a formal decision is made to close, transfer

to any other authority, consolidate, or substantially curtail a school,

the affected tribe, tribal governing body, and designated local school

board shall be notified at least 6 months prior to the end of the

school year preceding the proposed closure date. Copies of any
H. R. 6—465

such notices and information shall be transmitted promptly to the

Congress and published in the Federal Register.

‘‘(4) The Secretary shall make a report to Congress, the affected

tribe, and the designated local school board describing the process

of the active consideration or review referred to in paragraph (3).

At a minimum, the report shall include a study of the impact

of such action on the student population, with every effort to identify

those students with particular educational and social needs, and

to ensure that alternative services are available to such students.

Such report shall include the description of the consultation conducted between the potential service provider, current service provider, parents, tribal representative and the tribe or tribes involved,

and the Director of the Office of Indian Education Programs within

the Bureau regarding such students. No irreversible action may

be taken in furtherance of any such proposed school closure, transfer

to any other authority, consolidation, or substantial curtailment

(including any action which would prejudice the personnel or programs of such school) until the end of the first full academic

year after such report is made.

‘‘(5) The Secretary may terminate, contract, transfer to any

other authority, or consolidate or substantially curtail the operation

or facilities of—

‘‘(A) any Bureau funded school that is operated on or after

April 1, 1987,

‘‘(B) any program of such a school that is operated on

or after April 1, 1987, or

‘‘(C) any school board of a school operated under a grant

under the Tribally Controlled Schools Act of 1988,

only if the tribal governing body approves such action.

‘‘(i) There are authorized to be appropriated such sums as

may be necessary, for academic program costs, in order to bring

all Bureau schools and contract or grant schools up to the level

required by the applicable standards established under this section.

‘‘(j)(1) All Bureau funded schools shall include within their

curriculum a program of instruction relating to alcohol and substance abuse prevention and treatment. The Assistant Secretary

shall provide the technical assistance necessary to develop and

implement such a program for students in kindergarten and grades

1 through 12, at the request of—

‘‘(A) any Bureau school (subject to the approval of the

school board of such school);

‘‘(B) any school board of a school operating under a contract

entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.); or

‘‘(C) any school board of a school operating under a grant

under the Tribally Controlled Schools Act of 1988.

‘‘(2) In schools operated directly by the Bureau, the Secretary

shall provide for—

‘‘(A) accurate reporting of all incidents relating to alcohol

and substance abuse; and

‘‘(B) individual student crisis intervention.

‘‘(3) The programs requested under paragraph (1) shall be developed in consultation with the Indian tribe that is to be served

by such program and health personnel in the local community

of such tribe.
H. R. 6—466

‘‘(4) Schools requesting program assistance under this subsection are encouraged to involve family units and, where appropriate, tribal elders and Native healers in such instructions.

‘‘(k) For purposes of this section, the term ‘tribal governing

body’ means, with respect to any school, the tribal governing body,

or tribal governing bodies, that represent at least 90 percent of

the students served by such school.

‘‘(l)(1)(A)(i) The Secretary shall only consider the factors

described in subparagraphs (B) and (C) in reviewing—

‘‘(I) applications from any tribe for the awarding of a contract or grant for a school that is not a Bureau funded school;

and

‘‘(II) applications from any tribe or school board of any

Bureau funded school for—

‘‘(aa) a school which is not a Bureau funded school;

or

‘‘(bb) the expansion of a Bureau funded school which

would increase the amount of funds received by the Indian

tribe or school board under section 1127.

‘‘(ii) The Secretary shall give consideration to all of the factors

under clause (i), but none of the applications under clause (i)

may be denied based primarily upon the geographic proximity of

public education.

‘‘(B) The Secretary shall consider the following factors relating

to the program that is the subject of an application described

in subparagraph (A):

‘‘(i) The adequacy of facilities or the potential to obtain

or provide adequate facilities.

‘‘(ii) Geographic and demographic factors in the affected

areas.

‘‘(iii) Adequacy of the applicant’s program plans or, in the

case of a Bureau funded school, of projected needs analysis

done either by a tribe or by Bureau personnel.

‘‘(iv) Geographic proximity of comparable public education.

‘‘(v) The stated needs of all affected parties, including students, families, tribal governments at both the central and

local levels, and school organizations.

‘‘(C) The Secretary shall consider with respect to applications

described in subparagraph (A) the following factors relating to

all the educational services available at the time the application

is considered:

‘‘(i) Geographic and demographic factors in the affected

areas.

‘‘(ii) Adequacy and comparability of programs already available.

‘‘(iii) Consistency of available programs with tribal educational codes or tribal legislation on education.

‘‘(iv) The history and success of these services for the proposed population to be served, as determined from all factors

and not just standardized examination performance.

‘‘(2)(A) The Secretary shall make a determination of whether

to approve any application described in paragraph (1)(A) by not

later than the date that is 180 days after the day on which such

application is submitted to the Secretary.

‘‘(B) If the Secretary fails to make the determination described

in subparagraph (A) with respect to an application by the date
H. R. 6—467

described in subparagraph (A), the application shall be treated

as having been approved by the Secretary.

‘‘(3)(A) Any application described in paragraph (1)(A) may be

submitted to the Secretary only if—

‘‘(i) the application has been approved by the tribal governing body of the students served by (or to be served by) the

school or program that is the subject of the application, and

‘‘(ii) written evidence of such approval is submitted with

the application.

‘‘(B) Each application described in paragraph (1)(A)—

‘‘(i) shall provide information concerning each of the factors

described in paragraph (1)(B), and

‘‘(ii) may provide information concerning the factors

described in paragraph (1)(C).

‘‘(4) Whenever the Secretary makes a determination to deny

approval of any application described in paragraph (1)(A), the Secretary shall—

‘‘(A) state the objections in writing to the applicant by

not later than the date that is 180 days after the day on

which the application is submitted to the Secretary,

‘‘(B) provide assistance to the applicant to overcome stated

objections, and

‘‘(C) provide the applicant a hearing, under the same rules

and regulations pertaining to the Indian Self-Determination

and Education Assistance Act, and an opportunity to appeal

the objections raised by the Secretary.

‘‘(5)(A) Except as otherwise provided in this paragraph, the

action which is the subject of any application described in paragraph

(1)(A) that is approved by the Secretary shall become effective

with the commencement of the academic year succeeding the fiscal

year in which the application is approved, or at an earlier date

determined by the Secretary. ‘‘(B) If an application is treated as having been approved by the Secretary by reason of paragraph (2)(B), the action that is

the subject of the application shall become effective on the date

that is 18 months after the date on which the application is submitted to the Secretary, or at an earlier date determined by the

Secretary.

‘‘SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.

‘‘(a) The Secretary, in consultation with the Secretary of the

Department of Education, and in consultation with Indian organizations and tribes, shall conduct or cause to be conducted by contract

with an Indian organization, a study of the costs applicable to

boarding arrangements for Indian students provided in Bureau

schools, and contract or grant schools, for the purpose of establishing

national criteria for such dormitory situations. Such criteria shall

include adult-child ratios, needs for counselors (including special

needs related to off-reservation boarding arrangements), space, and

privacy.

‘‘(b) Not later than January 1, 1996, the Secretary shall propose

such criteria, and shall distribute such proposed criteria to the

tribes and publish such proposed criteria in the Federal Register

for the purpose of receiving comments from the tribes and other

interested parties. Within 18 months of the date of the enactment

of the Improving America’s Schools Act of 1994, the Secretary

shall establish final criteria, distribute such final criteria to all
H. R. 6—468

the tribes, and publish such final criteria in the Federal Register.

The Secretary shall revise such final criteria periodically as necessary. Any revisions to the criteria established under this section

shall be developed subject to requirements established under section

1131.

‘‘(c) The Secretary shall begin to implement the criteria established under this section immediately upon the date of the establishment of such criteria. Not later than January 1, 1997, and at

each time thereafter that the annual budget request for Bureau

educational services is presented, the Secretary shall submit to

the appropriate committees of Congress a detailed plan to bring

all Bureau contract boarding schools up to the criteria established

under this section. Such plan shall include predictions for the

relative need for each boarding school in the future, detailed

information on the status of each school in relation to the criteria

established under this section, specific cost estimates for meeting

such criteria at each school, and specific time lines for bringing

each school up to the level required by such criteria.

‘‘(d)(1) The criteria established under this section may be waived

in the same manner as the standards provided under section 1121(c)

may be waived under section 1121(e).

‘‘(2) No school in operation on or before January 1, 1987 (regardless of compliance or noncompliance with the criteria established

under this section) may be closed, transferred to another authority,

consolidated or have its program substantially curtailed for failure

to meet the criteria.

‘‘(3) By not later than May 1, 1996, the Secretary shall submit

to the Congress a report detailing the costs associated with, and

the actions necessary for, complete compliance with the criteria

established under this section.

‘‘(e) There are authorized to be appropriated such sums as

may be necessary in order to bring each school up to the level

required by the criteria established under this section.

‘‘SEC. 1123. REGULATIONS.

‘‘(a) The provisions of part 32 of title 25 of the Code of Federal

Regulations, as in effect on January 1, 1987, are incorporated

into this Act and shall be treated as though such provisions are

set forth in this subsection. Accordingly, such provisions may be

altered only by means of an amendment to this subsection that

is contained in an Act or joint resolution which is enacted into

law. To the extent that such provisions of part 32 do not conform

with this Act or any statutory provision of law enacted before

the date of enactment of this Act, the provisions of this Act and

the provisions of such other statutory law shall govern.

‘‘(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of

title 25 of the Code of Federal Regulations, as in effect on January

1, 1987, shall be applied by the Federal Government and shall

not, before July 1, 1989, be amended, revoked, or altered in any

manner. No officer or employee of the executive branch shall have

the authority to issue any other regulations, prior to July 1, 1989,

that supersede, supplement, or otherwise affect the provisions of

such parts. To the extent that the provisions of such parts do

not conform with this Act or any statutory provision of law enacted

before the date of enactment of this Act, the provisions of this

Act and the provisions of such other statutory law shall govern.
H. R. 6—469

‘‘(c) After June 30, 1989, no regulation prescribed for the application of any program provided under this title shall become

effective unless—

‘‘(1) the regulation has been published as a proposed regula- tion in the Federal Register, ‘‘(2) an opportunity of not less than 90 days has been afforded the public to comment on the published proposed regulation, and

‘‘(3) the regulation has, after such period for public com- ment, been published in the Federal Register as a final regulation.

‘‘(d) For purposes of this section, the term ‘regulation’ means any rules, regulations, guidelines, interpretations, orders, or

requirements of general applicability prescribed by any officer or

employee of the executive branch.

‘‘SEC. 1124. SCHOOL BOUNDARIES.

‘‘(a) The Secretary shall, in accordance with this section, estab- lish separate geographical attendance areas for each Bureau school. ‘‘(b)(1) Except as provided in paragraph (2), on or after July 1, 1985, no attendance area shall be changed or established with

respect to any Bureau funded school unless the tribal governing

body or the local school board concerned (if so designated by the

tribal governing body) has been (i) afforded at least six months

notice of the intention of the Bureau to change or establish such

attendance area, and (ii) given the opportunity to propose alternative boundaries. Any tribe may petition the Secretary for revision

of existing attendance area boundaries. The Secretary shall accept

such proposed alternative or revised boundaries unless the Secretary finds, after consultation with the affected tribe or tribes,

that such revised boundaries do not reflect the needs of the Indian

students to be served or do not provide adequate stability to all

of the affected programs. ‘‘(2) In any case where there is more than 1 Bureau funded school located on an Indian reservation, at the direction of the

tribal governing body, the relevant school boards of the Bureau

funded schools on the reservation may, by mutual consent, establish

the relevant attendance areas for such schools, subject to the

approval of the tribal governing body. Any such boundaries so

established shall be accepted by the Secretary. ‘‘(c) In any case where there is only 1 Bureau operated program located on an Indian reservation, the attendance area for the program shall be the boundaries of the reservation served, and those

students residing near the reservation shall also receive services

from such program. ‘‘(d) The Bureau shall include in the regulations the require- ment that each appropriate education line officer coordinate and

consult with the affected tribes and relevant school boards in the

establishment of such geographic boundaries.

‘‘SEC. 1125. FACILITIES CONSTRUCTION.

‘‘(a) The Secretary shall immediately begin to bring all schools,

dormitories, and other facilities operated by the Bureau or under

contract or grant with the Bureau in connection with the education

of Indian children into compliance with all applicable Federal,

tribal, or State health and safety standards, whichever provide

greater protection (except that the tribal standards to be applied

shall be no greater than any otherwise applicable Federal or State
H. R. 6—470

standards), with section 504 of the Rehabilitation Act of 1973 (29

U.S.C. 794), and with the Americans with Disabilities Act of 1990,

except that nothing in this section shall require termination of

the operations of any facility which does not comply with such

provisions and which is in use on the date of enactment of the

Improving America’s Schools Act of 1994.

‘‘(b) By January 1, 1996, and at each time thereafter that

the annual budget request for Bureau educational services is presented, the Secretary shall submit to the appropriate committees

of Congress a detailed plan to bring such facilities into compliance

with such standards. Such plan shall include detailed information

on the status of each facility’s compliance with such standards,

specific cost estimates for meeting such standards at each school,

and specific time lines for bringing each school into compliance

with such standards.

‘‘(c) Within six months of the date of enactment of this Act,

the Secretary shall submit to the appropriate committees of Congress, and publish in the Federal Register, the system used to

establish priorities for school construction projects. At the time

any budget request for school construction is presented, the Secretary shall publish in the Federal Register and submit with the

budget request the current list of all school construction priorities.

‘‘(d)(1) A Bureau school may be closed or consolidated, and

the programs of a Bureau school may be substantially curtailed,

by reason of plant conditions that constitute an immediate hazard

to health and safety only if a health and safety officer of the

Bureau determines that such conditions exist at the Bureau school.

‘‘(2)(A) In making determinations described in paragraph (1)

before July 1, 1989, health and safety officers of the Bureau shall

use the health and safety guidelines of the Bureau that were

in effect on January 1, 1988. ‘‘(B)(i) If—

‘‘(I) the Secretary fails to publish in the Federal Register

in final form before July 1, 1989, and ‘‘(II) action described in paragraph (1) is taken after June

30, 1989, and before the date on which such regulations are

published in final form in the Federal Register by reason of

the condition of any plant,

an inspection of the condition of such plant shall be conducted

by an appropriate tribal, county, municipal, or State health and

safety officer to determine whether conditions at such plant constitute an immediate hazard to health and safety. Such inspection

shall be completed by not later than the date that is 30 days

after the date on which the action described in paragraph (1)

is taken.

‘‘(ii) The inspection required under clause (i) shall be conducted

by a health and safety officer designated jointly by the Secretary

and the tribes affected by the action described in paragraph (1).

If the Secretary and such tribes are unable to agree on the designation of the health and safety officer, the Secretary shall designate

the health and safety officer and shall provide notice of such designation to each of such tribes before the inspection is conducted

by such officer.

‘‘(iii) If the health and safety officer conducting an inspection

of a plant required under clause (i) determines that conditions

at the plant do not constitute an immediate hazard to health

and safety, any consolidation or curtailment that was made by
H. R. 6—471

reason of conditions at the plant shall immediately cease and any

school closed by reason of conditions at the plant shall be reopened

immediately.

‘‘(3) If—

‘‘(A) a Bureau school is temporarily closed or consolidated,

or the programs of a Bureau school are substantially curtailed,

by reason of plant conditions that constitute an immediate

hazard to health and safety, and

‘‘(B) the Secretary estimates that the closure, consolidation,

or curtailment will be more than 1 year in duration,

the Secretary shall submit to the Congress, by not later than

the date that is 6 months after the date on which the closure,

consolidation, or curtailment is initiated, a report which sets forth

the reasons for such temporary actions and the actions the Secretary

is taking to eliminate the conditions that constitute the hazard.

‘‘(e) There are authorized to be appropriated such sums as

may be necessary to carry out subsection (a).

‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.

‘‘(a) The Secretary shall vest in the Assistant Secretary for

Indian Affairs all functions with respect to formulation and

establishment of policy and procedure, and supervision of programs

and expenditures of Federal funds for the purpose of Indian education administered by the Bureau. The Assistant Secretary shall

carry out such functions through the Director of the Office of

Indian Education.

‘‘(b) The Director of the Office shall direct and supervise the

operations of all personnel directly and substantially involved with

provision of education services by the Bureau, including school

or institution custodial or maintenance personnel. The Assistant

Secretary for Indian Affairs shall provide for the adequate coordination between the affected Bureau Offices and the Office to facilitate

the consideration of all contract functions relating to education.

Except as required by section 1129, nothing in this Act shall be

construed to require the provision of separate support services

for Indian education.

‘‘(c) Education personnel who are under the direction and supervision of the Director of the Office in accordance with the first

sentence of subsection (b) shall—

‘‘(1) monitor and evaluate Bureau education programs,

‘‘(2) provide all services and support functions for education

programs with respect to personnel matters involving staffing

actions and functions, and

‘‘(3) provide technical and coordinating assistance in areas

such as procurement, contracting, budgeting, personnel, and

curriculum.

‘‘(d)(1) The Assistant Secretary shall submit in the annual

Budget a plan—

‘‘(A) for school facilities to be constructed under the system

required by section 1125(c);

‘‘(B) for establishing priorities among projects and for the

improvement and repair of education facilities, which together

shall form the basis for the distribution of appropriated funds;

and

‘‘(C) including a 5-year plan for capital improvements.

‘‘(2)(A) The Assistant Secretary shall establish a program,

including the distribution of appropriated funds, for the operation
H. R. 6—472

and maintenance of education facilities. Such program shall

include—

‘‘(i) a method of computing the amount necessary for each

education facility;

‘‘(ii) similar treatment of all Bureau funded schools;

‘‘(iii) a notice of an allocation of appropriated funds from

the Director of the Office directly to the appropriate education

line officers; and

‘‘(iv) a system for the conduct of routine preventive maintenance.

‘‘(B) The appropriate education line officers shall make arrangements for the maintenance of education facilities with the local

supervisors of the Bureau maintenance personnel who are under

the authority of the agency superintendent or area directors, respectively. The local supervisors of Bureau maintenance personnel shall

take appropriate action to implement the decisions made by the

appropriate education line officers, except that no funds under

this part may be authorized for expenditure unless such appropriate

education line officer is assured that the necessary maintenance

has been, or will be, provided in a reasonable manner. Subject

to the requirements of subsection (b) of this section, nothing in

this Act shall be construed to require the provision of separate

operations and maintenance personnel for the Office.

‘‘(3) The requirements of this subsection shall be implemented

not later than July 1, 1995.

‘‘(e) Notwithstanding any other provision of law, the Director

shall promulgate guidelines for the establishment of mechanisms

for the acceptance of gifts and bequests for the use of, and benefit

of, particular schools or designated Bureau operated education programs, including, where appropriate, the establishment and

administration of trust funds. When a Bureau operated program

is the beneficiary of such a gift or bequest, the Director shall

make provisions for monitoring its use, and shall report to the

appropriate committees of Congress the amount and terms of such

gift or bequest, the use to which such gift or bequest is put,

and any positive results achieved by such action.

‘‘(f) For the purpose of this section the term ‘functions’ includes

powers and duties.

‘‘SEC. 1127. ALLOTMENT FORMULA.

‘‘(a)(1) The Secretary shall establish, by regulation adopted

in accordance with section 1139, a formula for determining the

minimum annual amount of funds necessary to sustain each Bureau

funded school. In establishing such formula, the Secretary shall

consider—

‘‘(A) the number of eligible Indian students served and

size of the school;

‘‘(B) special cost factors, such as—

‘‘(i) the isolation of the school;

‘‘(ii) the need for special staffing, transportation, or

educational programs;

‘‘(iii) food and housing costs;

‘‘(iv) maintenance and repair costs associated with the

physical condition of the educational facilities;

‘‘(v) special transportation and other costs of isolated

and small schools;
H. R. 6—473

‘‘(vi) the costs of boarding arrangements, where determined necessary by a tribal governing body or designated

local school board;

‘‘(vii) costs associated with greater lengths of service

by educational personnel; and

‘‘(viii) special programs for gifted and talented students;

‘‘(C) the cost of providing academic services which are

at least equivalent to those provided by public schools in the

State in which the school is located; and

‘‘(D) such other relevant factors as the Secretary determines

are appropriate.

‘‘(2) Upon the establishment of the standards required by sections 1121 and 1122, the Secretary shall revise the formula established under this subsection to reflect the cost and funding standards so established. Prior to January 1, 1996, the Secretary shall

review the formula established under this section and shall take

such steps as may be necessary to increase the availability of

counseling services for students in off-reservation boarding schools

and other Bureau operated residential facilities. Concurrent with

such action, the Secretary shall review the standards established

under section 1121 to be certain that adequate provision is made

for parental notification regarding, and consent for, such counseling

services.

‘‘(b) Notwithstanding any other provisions of law, Federal funds

appropriated for the general local operation of Bureau funded

schools shall be allotted pro rata in accordance with the formula

established under subsection (a).

‘‘(c)(1) For fiscal year 1990, and for each subsequent fiscal

year, the Secretary shall adjust the formula established under

subsection (a) to—

‘‘(A) use a weighted unit of 1.2 for each eligible Indian

student enrolled in the seventh and eighth grades of the school

in considering the number of eligible Indian students served

by the school;

‘‘(B) consider a school with an enrollment of less than

50 eligible Indian students as having an average daily attendance of 50 eligible Indian students for purposes of implementing

the adjustment factor for small schools; and

‘‘(C) take into account the provision of residential services

on a less than 9-month basis at a school when the school

board and supervisor of the school determine that a less than

9-month basis will be implemented for the school year involved.

‘‘(2)(A) The Secretary shall reserve for national school board

training 0.2 percent of the funds appropriated for each fiscal year

for distribution under this section. Such training shall be conducted

through the same organizations through which, and in the same

manner in which, the training was conducted in fiscal year 1992,

except that the contracts for distribution of such funds shall require

that such funds be distributed by the recipient organizations in

a manner that assures the same pro rata share is made available

for training for each school board in the system. If the contract

for such training is not awarded before May 1 of each fiscal year,

the contract under which such training was provided for the fiscal

year preceding such fiscal year shall be renewed by the Secretary

for such fiscal year. The agenda for the training sessions shall
H. R. 6—474

be established by the school boards through their regional or

national organizations.

‘‘(B) For each year in which the Secretary uses a weighted

unit formula established under subsection (a) to fund Bureau

schools, a Bureau school which generates less than 168 weighted

units shall receive an additional 2 weighted units to defray school

board activities.

‘‘(C) From the funds allotted in accordance with the formula

established under subsection (a) for each Bureau school, the local

school board of such school may reserve an amount which does

not exceed the greater of—

‘‘(i) $5,000, or

‘‘(ii) the lesser of—

‘‘(I) $15,000, or

‘‘(II) 1 percent of such allotted funds,

for school board activities for such school, including and notwithstanding any other provision of law, meeting expenses and the

cost of membership in, and support of, organizations engaged in

activities on behalf of Indian education.

‘‘(3) The Secretary shall adjust the formula established under

subsection (a) to use a weighted unit of 2.0 for each eligible Indian

student that—

‘‘(A) is gifted and talented, and

‘‘(B) is enrolled in the school on a full-time basis,

in considering the number of eligible Indian students served by

the school.

‘‘(4)(A) The Secretary shall adjust the formula established under

subsection (a) to use a weighted unit of 0.25 for each eligible

Indian student who is enrolled in a year-long credit course in

an Indian or Native language as part of the regular curriculum

of a school, in considering the number of eligible Indian students

served by such school. ‘‘(B) The adjustment required under subparagraph (A) shall

be used for such school after—

‘‘(i) the certification of the Indian or Native language

curriculum by the school board of such school to the Secretary,

together with an estimate of the number of full-time students

expected to be enrolled in the curriculum in the second school

year following the school year for which the certification is

made; and

‘‘(ii) the funds appropriated for allotment under this section

are designated by the appropriations Act appropriating such

funds as the amount necessary to implement such adjustment

at such school without reducing allotments made under this

section to any school by virtue of such adjustment.

‘‘(d) The Secretary shall reserve from the funds available for

distribution for each fiscal year under this section an amount which,

in the aggregate, shall equal 1 percent of the funds available

for such purpose for that fiscal year. Such funds shall be used,

at the discretion of the Director of the Office, to meet emergencies

and unforeseen contingencies affecting the education programs

funded under this section. Funds reserved under this subsection

may only be expended for education services or programs at a

schoolsite (as defined in section 5204(c)(2) of the Tribally Controlled

Schools Act of 1988). Funds reserved under this subsection shall

remain available without fiscal year limitation until expended. However, the aggregate amount available from all fiscal years may
H. R. 6—475

not exceed 1 percent of the current year funds. Whenever the

Secretary makes funds available under this subsection, the Secretary shall report such action to the appropriate committees of

Congress within the annual budget submission.

‘‘(e) Supplemental appropriations enacted to meet increased

pay costs attributable to school level personnel shall be distributed

under this section.

‘‘(f) For the purpose of this section, the term ‘eligible Indian

student’ means a student who—

‘‘(1) is a member of or is at least a 1⁄4 degree Indian

blood descendant of a member of an Indian tribe which is

eligible for the special programs and services provided by the

United States through the Bureau to Indians because of their

status as Indians, and

‘‘(2) resides on or near an Indian reservation or meets

the criteria for attendance at a Bureau off-reservation boarding

school.

‘‘(g)(1) An eligible Indian student may not be charged tuition

for attendance at a Bureau school or contract or grant school.

A student attending a Bureau school under paragraph (2)(C) may

not be charged tuition.

‘‘(2) The Secretary may permit the attendance at a Bureau

school of a student who is not an eligible Indian student if—

‘‘(A) the Secretary determines that the student’s attendance

will not adversely affect the school’s program for eligible Indian

students because of cost, overcrowding, or violation of standards,

‘‘(B) the school board consents,

‘‘(C) the student is a dependent of a Bureau, Indian Health

Service, or tribal government, employee who lives on or near

the school site, or

‘‘(D) a tuition is paid for the student that is not more

than that charged by the nearest public school district for

out-of-district students, is in addition to the school’s allocation

under this section.

‘‘(3) The school board of a contract or grant school may permit

students who are not eligible Indian students under this subsection

to attend its contract school or grant school and any tuition collected

for those students is in addition to funding under this section.

‘‘(h) Notwithstanding any other provision of law, at the election

of the school board of a Bureau school made at any time during

the fiscal year, a portion equal to not more than 15 percent of

the funds allocated with respect to a school under this section

for any fiscal year shall remain available to the school for expenditure without fiscal year limitation. The Assistant Secretary shall

take steps as may be necessary to implement this provision immediately.

‘‘(i) Beginning with academic year 1994–1995, tuition for the

out-of-State students boarding at the Richfield Dormitory in Richfield, Utah, who attend Sevier County high schools in Richfield,

Utah, shall be paid from the Indian school equalization program

funds authorized in this section and section 1130 at a rate not

to exceed the amount per weighted student unit for that year

for the instruction of such students. No additional administrative

cost funds shall be added to the grant.
H. R. 6—476

‘‘SEC. 1128. ADMINISTRATIVE COST GRANTS.

‘‘(a)(1) The Secretary shall, subject to the availability of appro- priated funds, provide grants to each tribe or tribal organization

operating a contract school or grant school in the amount determined under this section with respect to the tribe or tribal organization for the purpose of paying the administrative and indirect

costs incurred in operating contract or grant schools in order to— ‘‘(A) enable tribes and tribal organizations operating such schools, without reducing direct program services to the beneficiaries of the program, to provide all related administrative

overhead services and operations necessary to meet the requirements of law and prudent management practice, and ‘‘(B) carry out other necessary support functions which would otherwise be provided by the Secretary or other Federal

officers or employees, from resources other than direct program

funds, in support of comparable Bureau operated programs.

‘‘(2) Amounts appropriated to fund the grants provided under this section shall be in addition to, and shall not reduce, the

amounts appropriated for the program being administered by the

contract or grant school. ‘‘(b)(1) The amount of the grant provided to each tribe or

tribal organization under this section for each fiscal year shall

be determined by applying the administrative cost percentage rate

of the tribe or tribal organization to the aggregate of the Bureau

elementary and secondary functions operated by the tribe or tribal

organization for which funds are received from or through the

Bureau. The administrative cost percentage rate determined under

subsection (c) does not apply to other programs operated by the

tribe or tribal organization. ‘‘(2) The Secretary shall— ‘‘(A) reduce the amount of the grant determined under paragraph (1) to the extent that payments for administrative

costs are actually received by an Indian tribe or tribal organization under any Federal education program included in the

direct cost base of the tribe or tribal organization, and ‘‘(B) take such actions as may be necessary to be reimbursed

by any other department or agency of the Federal Government

for the portion of grants made under this section for the costs

of administering any program for Indians that is funded by

appropriations made to such other department or agency.

‘‘(c)(1) For purposes of this section, the administrative cost

percentage rate for a contract or grant school for a fiscal year

is equal to the percentage determined by dividing— ‘‘(A) the sum of—

‘‘(i) the amount equal to—

‘‘(I) the direct cost base of the tribe or tribal

organization for the fiscal year, multiplied by

‘‘(II) the minimum base rate, plus

‘‘(ii) the amount equal to—

‘‘(I) the standard direct cost base, multiplied by

‘‘(II) the maximum base rate, by

‘‘(B) the sum of—

‘‘(i) the direct cost base of the tribe or tribal organization for the fiscal year, plus

‘‘(ii) the standard direct cost base.

‘‘(2) The administrative cost percentage rate shall be determined to the 1⁄100 of a decimal point.
H. R. 6—477

‘‘(d)(1)(A) Funds received by a tribe or contract or grant school

as grants under this section for tribal elementary or secondary

educational programs may be combined by the tribe or contract

or grant school into a single administrative cost account without

the necessity of maintaining separate funding source accounting.

‘‘(B) Indirect cost funds for programs at the school which share

common administrative services with tribal elementary or secondary

educational programs may be included in the administrative cost

account described in subparagraph (A).

‘‘(2) Funds received as grants under this section with respect

to tribal elementary or secondary education programs shall remain

available to the contract or grant school without fiscal year limitation and without diminishing the amount of any grants otherwise

payable to the school under this section for any fiscal year beginning

after the fiscal year for which the grant is provided.

‘‘(3) Funds received as grants under this section for Bureau

funded programs operated by a tribe or tribal organization under

a contract or agreement shall not be taken into consideration for

purposes of indirect cost underrecovery and overrecovery determinations by any Federal agency for any other funds, from whatever

source derived.

‘‘(4) In applying this section and section 105 of the Indian

Self-Determination and Education Assistance Act with respect to

an Indian tribe or tribal organization that—

‘‘(A) receives funds under this section for administrative

costs incurred in operating a contract or grant school or a

school operated under the Tribally Controlled Schools Act of

1988, and

‘‘(B) operates 1 or more other programs under a contract

or grant provided under the Indian Self-Determination and

Education Assistance Act,

the Secretary shall ensure that the Indian tribe or tribal organization is provided with the full amount of the administrative costs,

and of the indirect costs, that are associated with operating the

contract or grant school, a school operated under the Tribally Controlled Schools Act of 1988, and all of such other programs, except

that funds appropriated for implementation of this section shall

be used only to supply the amount of the grant required to be

provided by this section. ‘‘(e) For purposes of this section:

‘‘(1)(A) The term ‘administrative cost’ means the costs of

necessary administrative functions which— ‘‘(i) the tribe or tribal organization incurs as a result

of operating a tribal elementary or secondary educational

program,

‘‘(ii) are not customarily paid by comparable Bureau

operated programs out of direct program funds, and

‘‘(iii) are either—

‘‘(I) normally provided for comparable Bureau programs by Federal officials using resources other than

Bureau direct program funds, or

‘‘(II) are otherwise required of tribal self-determination program operators by law or prudent management practice.

‘‘(B) The term ‘administrative cost’ may include—

‘‘(i) contract or grant (or other agreement) administration;
H. R. 6—478

‘‘(ii) executive, policy, and corporate leadership and

decisionmaking;

‘‘(iii) program planning, development, and management;

‘‘(iv) fiscal, personnel, property, and procurement

management;

‘‘(v) related office services and record keeping; and

‘‘(vi) costs of necessary insurance, auditing, legal, safety

and security services.

‘‘(2) The term ‘Bureau elementary and secondary functions’

means—

‘‘(A) all functions funded at Bureau schools by the

Office;

‘‘(B) all programs—

‘‘(i) funds for which are appropriated to other agencies of the Federal Government, and

‘‘(ii) which are administered for the benefit of

Indians through Bureau schools; and

‘‘(C) all operation, maintenance, and repair funds for

facilities and government quarters used in the operation

or support of elementary and secondary education functions

for the benefit of Indians, from whatever source derived.

‘‘(3)(A) Except as otherwise provided in this subparagraph

(B), the direct cost base of a tribe or tribal organization for

the fiscal year is the aggregate direct cost program funding

for all tribal elementary or secondary educational programs

operated by the tribe or tribal organization during—

‘‘(i) the second fiscal year preceding such fiscal year,

or

‘‘(ii) if such programs have not been operated by the

tribe or tribal organization during the 2 preceding fiscal

years, the first fiscal year preceding such fiscal year.

‘‘(B) In the case of Bureau elementary or secondary education functions which have not previously been operated by

a tribe or tribal organization under contract, grant, or agreement with the Bureau, the direct cost base for the initial

year shall be the projected aggregate direct cost program funding for all Bureau elementary and secondary functions to be

operated by the tribe or tribal organization during that fiscal

year.

‘‘(4) The term ‘maximum base rate’ means 50 percent.

‘‘(5) The term ‘minimum base rate’ means 11 percent.

‘‘(6) The term ‘standard direct cost base’ means $600,000.

‘‘(7) The term ‘tribal elementary or secondary educational

programs’ means all Bureau elementary and secondary functions, together with any other Bureau programs or portions

of programs (excluding funds for social services that are appropriated to agencies other than the Bureau and are expended

through the Bureau, funds for major subcontracts, construction,

and other major capital expenditures, and unexpended funds

carried over from prior years) which share common administrative cost functions, that are operated directly by a tribe or

tribal organization under a contract, grant, or agreement with

the Bureau.

‘‘(f)(1) Upon the date of enactment of the Indian Education

Amendments of 1988, the Secretary shall—
H. R. 6—479

‘‘(A) conduct such studies as may be needed to establish

an empirical basis for determining relevant factors substantially affecting the required administrative costs of tribal

elementary and secondary educational programs, using the formula set forth in subsection (c), and

‘‘(B) conduct a study to determine—

‘‘(i) a maximum base rate which ensures that the

amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the smallest tribal elementary or secondary

educational programs,

‘‘(ii) a minimum base rate which ensures that the

amount of the grants provided under this section will provide adequate (but not excessive) funding of the administrative costs of the largest tribal elementary or secondary

educational programs, and

‘‘(iii) a standard direct cost base which is the aggregate

direct cost funding level for which the percentage determined under subsection (c) will—

‘‘(I) be equal to the median between the maximum

base rate and the minimum base rate, and

‘‘(II) ensure that the amount of the grants provided

under this section will provide adequate (but not excessive) funding of the administrative costs of tribal

elementary or secondary educational programs closest

to the size of the program.

‘‘(2) The studies required under paragraph (1) shall—

‘‘(A) be conducted in full consultation (in accordance with

section 1131) with—

‘‘(i) the tribes and tribal organizations that are affected

by the application of the formula set forth in subsection

(c), and

‘‘(ii) all national and regional Indian organizations of

which such tribes and tribal organizations are typically

members;

‘‘(B) be conducted onsite with a representative statistical

sample of the tribal elementary or secondary educational programs under a contract entered into with a nationally reputable

public accounting and business consulting firm; ‘‘(C) take into account the availability of skilled labor,

commodities, business and automatic data processing services,

related Indian preference and Indian control of education

requirements, and any other market factors found substantially

to affect the administrative costs and efficiency of each such

tribal elementary or secondary educational program studied

in order to assure that all required administrative activities

can reasonably be delivered in a cost effective manner for

each such program, given an administrative cost allowance

generated by the values, percentages, or other factors found

in the studies to be relevant in such formula;

‘‘(D) identify, and quantify in terms of percentages of direct

program costs, any general factors arising from geographic

isolation, or numbers of programs administered, independent

of program size factors used to compute a base administrative

cost percentage in such formula; and

‘‘(E) identify any other incremental cost factors substantially affecting the costs of required administrative cost func-
H. R. 6—480

tions at any of the tribal elementary or secondary educational

programs studied and determine whether the factors are of

general applicability to other such programs, and (if so) how

the factors may effectively be incorporated into such formula.

‘‘(3) In carrying out the studies required under this subsection,

the Secretary shall obtain the input of, and afford an opportunity

to participate to, the Inspector General of the Department of the

Interior.

‘‘(4) Determinations described in paragraph (2)(C) shall be

based on what is pragmatically possible to do at each location

studied, given prudent management practice, irrespective of

whether required administrative services were actually or fully

delivered at these sites, or other services were delivered instead,

during the period of the study.

‘‘(5) Upon completion of the studies conducted under paragraph

(1), but in no case later than October 1, 1989, the Secretary shall

submit to the Congress a report on the findings of the studies,

together with determinations based upon such findings that would

affect the definitions of terms used in the formula that is set

forth in subsection (c).

‘‘(6) The Secretary shall include in the Bureau’s justification

for each appropriations request for each fiscal year beginning after

fiscal year 1989, a projection of the overall costs associated with

the formula set forth in subsection (c) for all tribal elementary

or secondary educational programs which the Secretary expects

to be funded in the fiscal year for which the appropriations are

sought.

‘‘(7) For purposes of this subsection, the size of tribal elementary

or secondary educational programs is determined by the aggregate

direct cost program funding level for all Bureau funded programs

which share common administrative cost functions.

‘‘(g)(1) There are authorized to be appropriated for each fiscal

year such sums as may be necessary to carry out this section.

‘‘(2) If the total amount of funds necessary to provide grants

to tribes and tribal organizations in the amounts determined under

subsection (b) for a fiscal year exceeds the amount of funds appropriated to carry out this section for such fiscal year, the Secretary

shall reduce the amount of each grant determined under subsection

(b) for such fiscal year by an amount that bears the same relationship to such excess as the amount of such grant determined under

subsection (b) bears to the total of all grants determined under

subsection (b) for all tribes and tribal organizations for such fiscal

year.

‘‘(h)(1) Notwithstanding any other provision of this section,

the amount of the grants provided under this section for fiscal

year 1989 shall—

‘‘(A) in lieu of being determined under subsection (b), be

determined for each tribal elementary or secondary educational

program on the same basis that indirect costs were determined

for such programs for fiscal year 1988, and

‘‘(B) be subject to the provisions of subsection (d).

‘‘(2) Notwithstanding any other provision of this section, the

amount of the grant provided under this section for fiscal year

1990 with respect to each tribal elementary and secondary educational program that was operated by a tribe or tribal organization

in fiscal year 1989 shall be equal to—
H. R. 6—481

‘‘(A) if the amount of the grant determined under subsection

(b) for fiscal year 1990 with respect to such program exceeds

the amount received by the tribe or tribal organization with

respect to such program for administrative costs for fiscal year

1988 (or fiscal year 1989 if such program was not operated

by the tribe or tribal organization during fiscal year 1988),

the sum of—

‘‘(i) such amount received, plus

‘‘(ii) 1⁄3 of the excess of—

‘‘(I) such amount determined under subsection (b),

over

‘‘(II) such amount received, or

‘‘(B) if such amount received exceeds such amount determined under subsection (b), the excess of—

‘‘(i) such amount received, over

‘‘(ii) an amount equal to 1⁄3 of the excess of—

‘‘(I) such amount received, over

‘‘(II) such amount determined under subsection (b).

‘‘(3) Notwithstanding any other provision of this section, the

amount of the grants provided under this section for fiscal year

1991 with respect to each tribal elementary and secondary educational program that was operated by a tribe or tribal organization

in fiscal year 1989 shall be equal to—

‘‘(A) if the amount of the grant determined under subsection

(b) for fiscal year 1991 with respect to such program exceeds

the amount received by the tribe or tribal organization with

respect to such program for administrative costs for fiscal year

1990, the sum of—

‘‘(i) such amount received, plus

‘‘(ii) 1⁄2 of the excess of—

‘‘(I) such amount determined under subsection (b),

over

‘‘(II) such amount received, or

‘‘(B) if such amount received exceeds such amount determined under subsection (b), the excess of—

‘‘(i) such amount received, over

‘‘(ii) an amount equal to 1⁄2 of the excess of—

‘‘(I) such amount received over,

‘‘(II) such amount determined under subsection (b).

‘‘(i) The provisions of this section shall also apply to those

schools operating under the Tribally Controlled Schools Act of 1988.

‘‘SEC. 1129. DIVISION OF BUDGET ANALYSIS.

‘‘(a) Within 24 months of the date of enactment of the Improving

America’s Schools Act of 1994, the Secretary shall establish within

the Office a Division of Budget Analysis (hereinafter referred to

as the ‘Division’). Such Division shall be under the direct supervision

and control of the Director of the Office.

‘‘(b) The Division shall have the capacity to conduct such

studies, surveys, or other activities as are necessary to gather

demographic information on Bureau-funded schools (current and

future) and project the amount necessary to provide Indian students

in such schools the educational program set forth in this part.

‘‘(c) The Division shall prepare projections on such amounts,

along with such other information as the Director of the Office

shall require, for each fiscal year beginning after October 1, 1996.

The Director of the Office and the Assistant Secretary for Indian
H. R. 6—482

Affairs shall use such reports when preparing their annual budget

submissions.

‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.

‘‘(a)(1) Within six months after the date of enactment of the

Improving America’s Schools Act of 1994, the Secretary shall establish, by regulation adopted in accordance with section 1139, a

system for the direct funding and support of all Bureau funded

schools. Such system shall allot funds, in accordance with section

1127. All amounts appropriated for distribution under this section

may be made available under paragraph (2).

‘‘(2)(A) For the purpose of affording adequate notice of funding

available pursuant to the allotments made by section 1127, amounts

appropriated in an appropriation Act for any fiscal year shall

become available for obligation by the affected schools on July

1 of the fiscal year in which such amounts are appropriated without

further action by the Secretary, and shall remain available for

obligation through the succeeding fiscal year.

‘‘(B) The Secretary shall, on the basis of the amount appropriated in accordance with this paragraph—

‘‘(i) publish, on July 1 of the fiscal year for which the

funds are appropriated, allotments to each affected school made

under section 1127 of 85 percent of such appropriation; and

‘‘(ii) publish, not later than September 30 of such fiscal

year, the allotments to be made under section 1127 of the

remaining 15 percent of such appropriation, adjusted to reflect

actual student attendance.

‘‘(3)(A) Notwithstanding any law or regulation, the supervisor

of a Bureau school may expend an aggregate of not more than

$35,000 of the amount allotted the school under section 1127 to

acquire supplies and equipment for the school without competitive

bidding if—‘‘(i) the cost for any single item purchased does not exceed

$10,000;

‘‘(ii) the school board approves the procurement;

‘‘(iii) the supervisor certifies that the cost is fair and reasonable;

‘‘(iv) the documents relating to the procurement executed

by the supervisor or other school staff cite this paragraph

as authority for the procurement; and ‘‘(v) the transaction is documented in a journal maintained

at the school clearly identifying when the transaction occurred,

what was acquired and from whom, the prices paid, the quantities acquired, and any other information the supervisor or

school board considers relevant.

‘‘(B) The Director shall be responsible for determining the

application of this paragraph, including the authorization of specific

individuals to carry out this paragraph, and shall be responsible

for the provision of guidelines on the use of this paragraph and

adequate training on such guidelines.

‘‘(4) If a sequestration order issued under the Balanced Budget

and Emergency Deficit Control Act of 1985 reduces the amount

of funds available for allotment under section 1127 for any fiscal

year by more than 7 percent of the amount of funds available

for allotment under such section during the preceding fiscal year—

‘‘(A) the Secretary, notwithstanding any other law, may

use—
H. R. 6—483

‘‘(i) funds appropriated for the operation of any Bureau

school that is closed or consolidated, and

‘‘(ii) funds appropriated for any program that has been

curtailed at any Bureau school,

to fund allotments made under section 1127, and

‘‘(B) the Secretary may waive the application of the provisions of section 1121(h) with respect to the closure or consolidation of a school, or the curtailment of a program at a school,

during such fiscal year if the funds described in clauses (i)

and (ii) of subparagraph (A) with respect to such school are

used to fund allotments made under section 1127 for such

fiscal year.

‘‘(b) In the case of all Bureau schools, allotted funds shall

be expended on the basis of local financial plans which shall be

prepared by the local school supervisor in active consultation with

the local school board for each school, and the local school board

for each school shall have the authority to ratify, reject, or amend

such financial plan, and expenditures thereunder, and, on its own

determination or in response to the supervisor of the school, to

revise such financial plan to meet needs not foreseen at the time

of preparation of the financial plan. The supervisor shall provide

the appropriate union representative of the education employees

with copies of proposed draft financial plans and all amendments

or modifications thereto, at the same time such copies are submitted

to the local school board. The supervisor of the school may appeal

any such action of the local school board to the appropriate education line officer of the Bureau agency by filing a written statement

describing the action and the reasons the supervisor believes such

action should be overturned. A copy of such statement shall be

submitted to the local school board and such board shall be afforded

an opportunity to respond, in writing, to such appeal. After reviewing such written appeal and response, the appropriate education

line officer may, for good cause, overturn the action of the local

school board. The appropriate line education officer shall transmit

the determination of such appeal in the form of a written opinion

to such board and to such supervisor identifying the reasons for

overturning such action. ‘‘(c) Funds for self-determination grants under section 103(a)(2)

of the Indian Self-Determination and Education Assistance Act

shall not be used for providing technical assistance and training

in the field of education by the Bureau unless such services are

provided in accordance with a plan, agreed to by the tribe or

tribes affected and the Bureau, under which control of education

programs is intended to be transferred to such tribe or tribes

within a specific period of time negotiated under such agreement.

The Secretary may approve applications for funding tribal divisions

of education and the development of tribal codes of education from

funds appropriated pursuant to section 104(a) of such Act.

‘‘(d) In the exercise of its authority under this section, a local

school board may request technical assistance and training from

the Secretary, and the Secretary shall, to the greatest extent possible, provide such services, and make appropriate provisions in

the budget of the Office for such services.

‘‘(e)(1) A financial plan under subsection (b) for a school may

include, at the discretion of the local administrator and the school

board of such school, a provision for a summer program of academic

and support services for students of the school. Any such program
H. R. 6—484

may include activities related to the prevention of alcohol and

substance abuse. The Assistant Secretary of Indian Affairs shall

provide for the utilization of any such school facility during any

summer in which such utilization is requested.

‘‘(2) Notwithstanding any other provision of law, funds authorized under the Act of April 16, 1934 (25 U.S.C. 452 et seq.) and

this Act may be used to augment the services provided in each

summer program at the option, and under the control, of the tribe

or Indian controlled school receiving such funds.

‘‘(3) The Assistant Secretary of Indian Affairs, acting through

the Director of the Office, shall provide technical assistance and

coordination for any program described in paragraph (1) and shall,

to the extent possible, encourage the coordination of such programs

with any other summer programs that might benefit Indian youth,

regardless of the funding source or administrative entity of any

such program.

‘‘(f)(1) From funds allotted to a Bureau school under section

1127, the Secretary shall, if specifically requested by the tribal

governing body (within the meaning of section 1121(k)), implement

any cooperative agreement entered into between the tribe, the

Bureau school board, and the local public school district which

meets the requirements of paragraph (2) and involves the school.

The tribe, the Bureau school board, and the local public school

district shall determine the terms of the agreement. Such agreement

may encompass coordination of all or any part of the following:

‘‘(A) Academic program and curriculum, unless the Bureau

school is currently accredited by a State or regional accrediting

entity and would not continue to be so accredited. ‘‘(B) Support services, including procurement and facilities

maintenance.

‘‘(C) Transportation.

‘‘(2) Each agreement entered into pursuant to the authority provided in paragraph (1) shall confer a benefit upon the Bureau

school commensurate with the burden assumed, though this requirement shall not be construed so as to require equal expenditures

or an exchange of similar services. ‘‘(g) Notwithstanding any other provision of law, where there

is agreement on action between the superintendent and the school

board of a Bureau funded school, the product or result of a project

conducted in whole or in major part by a student may be given

to that student upon the completion of such project. ‘‘(h) Notwithstanding any other provision of law, funds received

by a Bureau funded school under this title shall not be considered

Federal funds for purposes of meeting a matching funds requirement in any Federal program.

‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.

‘‘(a) It shall be the policy of the Secretary and the Bureau,

in carrying out the functions of the Bureau, to facilitate Indian

control of Indian affairs in all matters relating to education.

‘‘(b)(1) All actions under this Act shall be done with active

consultation with tribes.

‘‘(2) The consultation required under paragraph (1) means a

process involving the open discussion and joint deliberation of all

options with respect to potential issues or changes between the

Bureau and all interested parties. During such discussions and

joint deliberations, interested parties (including tribes and school
H. R. 6—485

officials) shall be given an opportunity to present issues including

proposals regarding changes in current practices or programs which

will be considered for future action by the Bureau. All interested

parties shall be given an opportunity to participate and discuss

the options presented or to present other alternatives, with the

views and concerns of the interested parties given effect unless

the Secretary determines, from information educed or presented

by the interested parties during 1 or more of the discussions and

deliberations, that there is a substantial reason for another course

of action. The Secretary shall submit to any Member of Congress,

within 18 days of the receipt of a written request by such Member,

a written explanation of any decision made by the Secretary which

is not consistent with the views of the interested parties.

‘‘SEC. 1132. EDUCATION PERSONNEL.

‘‘(a)(1) Chapter 51, subchapter III of chapter 53, and chapter

63 of title 5, United States Code, relating to classification, pay,

and leave, respectively, and the sections of such title relating to

the appointment, promotion, and removal of civil service employees,

shall not apply to educators or to education positions (as defined

in subsection (n)).

‘‘(2) Paragraph (1) shall take effect 1 year after the date of

enactment of this Act.

‘‘(b) Not later than the effective date of subsection (a)(2), the

Secretary shall prescribe regulations to carry out this section. Such

regulations shall govern—

‘‘(1) the establishment of education positions,

‘‘(2) the establishment of qualifications for educators,

‘‘(3) the fixing of basic compensation for educators and

education positions,

‘‘(4) the appointment of educators,

‘‘(5) the discharge of educators,

‘‘(6) the entitlement of educators to compensation,

‘‘(7) the payment of compensation to educators,

‘‘(8) the conditions of employment of educators,

‘‘(9) the length of the school year applicable to education positions described in subsection (n)(1)(A),

‘‘(10) the leave system for educators, and

‘‘(11) such other matters as may be appropriate. ‘‘(c)(1) In prescribing regulations to govern the qualifications

of educators, the Secretary shall require— ‘‘(A)(i) that lists of qualified and interviewed applicants

for education positions be maintained in each agency and area

office of the Bureau from among individuals who have applied

at the agency or area level for an education position or who

have applied at the national level and have indicated in such

application an interest in working in certain areas or agencies;

and

‘‘(ii) that a list of qualified and interviewed applicants

for education positions be maintained in the Office from among

individuals who have applied at the national level for an education position and who have expressed interest in working

in an education position anywhere in the United States;

‘‘(B) that a local school board shall have the authority

to waive on a case-by-case basis, any formal education or degree

qualifications established by regulation pursuant to subsection

(b)(2), in order for a tribal member to be hired in an education
H. R. 6—486

position to teach courses on tribal culture and language and

that subject to subsection (d)(2)(A), a determination by a school

board that such a person be hired shall be followed by the

supervisor; and

‘‘(C) that it shall not be a prerequisite to the employment

of an individual in an education position at the local level

that such individual’s name appear on the national list maintained pursuant to paragraph (1)(A)(ii) or that such individual

has applied at the national level for an education position.

‘‘(2) The Secretary may authorize the temporary employment

in an education position of an individual who has not met the

certification standards established pursuant to regulations, if the

Secretary determines that failure to do so would result in that

position remaining vacant.

‘‘(d)(1) In prescribing regulations to govern the appointment

of educators, the Secretary shall require—

‘‘(A)(i) that educators employed in a school (other than

the supervisor of the school) shall be hired by the supervisor

of the school unless there are no qualified applicants available,

in which case the vacant position shall be filled at the national

level from the list maintained pursuant to subsection

(c)(1)(A)(ii);

‘‘(ii) each school supervisor shall be hired by the education

line officer of the agency office of the Bureau in which the

school is located; and

‘‘(iii) educators employed in an agency office of the Bureau

shall be hired by the superintendent for education of the agency

office;

‘‘(B) that before an individual is employed in an education

position in a school by the supervisor of a school (or, with

respect to the position of supervisor, by the appropriate agency

education line officer), the local school board for the school

shall be consulted, and that subject to paragraph (2), a determination by the school board that such individual should or

should not be so employed shall be followed by the supervisor

(or with respect to the position of supervisor, by the agency

superintendent for education); and

‘‘(C) that before an individual may be employed in an

education position at the agency level, the appropriate agency

school board shall be consulted, and that, subject to paragraph

(3), a determination by such school board that such individual

should or should not be employed shall be followed by the

agency superintendent for education.

‘‘(2)(A) The supervisor of a school may appeal to the appropriate

agency education line officer any determination by the local school

board for the school that an individual be employed, or not be

employed, in an education position in the school (other than that

of supervisor) by filing a written statement describing the

determination and the reasons the supervisor believes such determination should be overturned. A copy of such statement shall

be submitted to the local school board and such board shall be

afforded an opportunity to respond, in writing, to such appeal.

After reviewing such written appeal and response, the education

line officer may, for good cause, overturn the determination of

the local school board. The education line officer shall transmit

the determination of such appeal in the form of a written opinion
H. R. 6—487

to such board and to such supervisor identifying the reasons for

overturning such determination.

‘‘(B) The education line officer of an agency office of the Bureau

may appeal to the Director of the Office any determination by

the local school board for the school that an individual be employed,

or not be employed, as the supervisor of a school by filing a written

statement describing the determination and the reasons the supervisor believes such determination should be overturned. A copy

of such statement shall be submitted to the local school board

and such board shall be afforded an opportunity to respond, in

writing, to such appeal. After reviewing such written appeal and

response, the Director may, for good cause, overturn the determination of the local school board. The Director shall transmit the

determination of such appeal in the form of a written opinion

to such board and to such education line officer identifying the

reasons for overturning such determination.

‘‘(3) The education line officer of an agency office of the Bureau

may appeal to the Director of the Office any determination by

the agency school board that an individual be employed, or not

be employed, in an education position in such agency office by

filing a written statement describing the determination and the

reasons the supervisor believes such determination should be overturned. A copy of such statement shall be submitted to the agency

school board and such board shall be afforded an opportunity to

respond, in writing, to such appeal. After reviewing such written

appeal and response, the Director may, for good cause, overturn

the determination of the agency school board. The Director shall

transmit the determination of such appeal in the form of a written

opinion to such board and to such education line officer identifying

the reasons for overturning such determination.

‘‘(4) Any individual who applies at the local level for an education position shall state on such individual’s application whether

or not such individual has applied at the national level for an

education position in the Bureau. If such individual is employed

at the local level, such individual’s name shall immediately be

forwarded to the Secretary, who shall, as soon as possible but

in no event in more than 30 days, ascertain the accuracy of the

statement made by such individual pursuant to the first sentence

of this paragraph. If the individual’s statement is found to have

been false, such individual, at the Secretary’s discretion, may be

disciplined or discharged. If the individual had applied at the

national level for an education position in the Bureau, the appointment of such individual at the local level shall be conditional

for a period of 90 days, during which period the Secretary may

appoint a more qualified individual (as determined by the Secretary)

from the list maintained at the national level pursuant to subsection

(c)(1)(A)(ii) to the position to which such individual was appointed.

‘‘(5) Except as expressly provided, nothing in this section shall

be construed as conferring upon local school boards, authority over,

or control of, educators.

‘‘(e)(1) In prescribing regulations to govern the discharge and

conditions of employment of educators, the Secretary shall require—

‘‘(A) that procedures be established for the rapid and equitable resolution of grievances of educators;

‘‘(B) that no educator may be discharged without notice

of the reasons therefore and opportunity for a hearing under
H. R. 6—488

procedures that comport with the requirements of due process;

and

‘‘(C) educators employed in Bureau schools shall be notified

60 days prior to the end of the school year whether their

employment contract will be renewed for the following year.

‘‘(2) The supervisor of a Bureau school may discharge (subject

to procedures established under paragraph (1)(B)) for cause (as

determined under regulations prescribed by the Secretary) any

educator employed in such school. Upon giving notice of proposed

discharge to an educator, the supervisor involved shall immediately

notify the local school board for the school of such action. A determination by the local school board that such educator shall not

be discharged shall be followed by the supervisor. The supervisor

shall have the right to appeal such action to the education line

officer of the appropriate agency office of the Bureau. Upon such

an appeal, the agency education line officer may, for good cause

and in writing to the local school board, overturn the determination

of the local school board with respect to the employment of such

individual.

‘‘(3) Each local school board for a Bureau school shall have

the right—

‘‘(A) to recommend to the supervisor of such school that

an educator employed in the school be discharged; and

‘‘(B) to recommend to the education line officer of the

appropriate agency office of the Bureau and to the Director

of the Office, that the supervisor of the school be discharged.

‘‘(f)(1) Notwithstanding any provision of the Indian preference

laws, such laws shall not apply in the case of any personnel action

within the purview of this section respecting an applicant or

employee not entitled to Indian preference if each tribal organization concerned grants, in writing, a waiver of the application of

such laws with respect to such personnel action, if such a waiver

is in writing deemed to be a necessity by the tribal organization,

except that this paragraph shall in no way relieve the Bureau

of the Bureau’s responsibility to issue timely and adequate

announcements and advertisements concerning any such personnel

action if such action is intended to fill a vacancy (no matter how

such vacancy is created). ‘‘(2) For purposes of this subsection, the term ‘tribal organization’ means—

‘‘(A) the recognized governing body of any Indian tribe,

band, nation, pueblo, or other organized community, including

a Native village (as defined in section 3(c) of the Alaska Native

Claims Settlement Act (43 U.S.C. 1602(c); 85 Stat. 688)); or

‘‘(B) in connection with any personnel action referred to

in this subsection, any local school board as defined in section

1146, and which has been delegated by such governing body

the authority to grant a waiver under such subsection with

respect to such personnel action.

‘‘(3) The term ‘Indian preference laws’ means section 12 of

the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any

other provision of law granting a preference to Indians in promotions and other personnel actions, except that such term shall

not be considered to include section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b)).

‘‘(g) Subject to the authority of the Office of Personnel Management to determine finally the applicability of chapter 51 of title
H. R. 6—489

5, United States Code, to specific positions and employees in the

executive branch, the Secretary shall determine in accordance with

subsection (a)(1) the applicability or inapplicability of such chapter

to positions and employees in the Bureau.

‘‘(h)(1)(A) Except as otherwise provided in this section, the

Secretary shall fix the basic compensation or annual salary rate

for educators and education positions at rates comparable to the

rates in effect under the General Schedule for individuals with

comparable qualifications, and holding comparable positions, to

whom chapter 51 of title 5, United States Code, is applicable or

on the basis of the Federal Wage System schedule in effect for

the locality.

‘‘(B) By not later than October 28, 1988, the Secretary shall

establish, for contracts for the 1991–1992 academic year, and thereafter, the rates of basic compensation, or annual salary rates, for

the positions of teachers and counselors (including dormitory counselors and home-living counselors) at the rates of basic compensation applicable (on the date of enactment of such amendments

and thereafter) to comparable positions in overseas schools under

the Defense Department Overseas Teachers Pay and Personnel

Practices Act, unless the Secretary establishes such rates within

such 6-month period through collective bargaining with the appropriate union representative of the education employees that is recognized by the Bureau.

‘‘(C) By not later than October 28, 1988, the Secretary shall

establish the rates of basic compensation or annual salary rates

for the positions of teachers and counselors (including dormitory

and home-living counselors)— ‘‘(i) for contracts for the 1989–1990 academic year, at rates

which reflect 1⁄3 of the changes in the rates applicable to such

positions on April 28, 1988, that must be made to conform

the rates to the rates established under subparagraph (B) for

such positions for contracts for the 1991–1992 academic year,

and

‘‘(ii) for contracts for the 1990–1991 academic year, at

rates which reflect 2⁄3 of such changes. ‘‘(D) The establishment of rates of basic compensation and

annual salary rates by the Secretary under subparagraphs (B)

and (C) shall not preclude the use of regulations and procedures

used by the Bureau before the enactment of the Indian Education

Amendments of 1988 in making determinations regarding promotions and advancements through levels of pay that are based

on the merit, education, experience, or tenure of the educator.

‘‘(E)(i) Except as provided in clause (ii), the establishment of

rates of basic compensation and annual salary rates by the Secretary under subparagraphs (B) and (C) shall not affect the continued employment or compensation of an educator who was employed

in an education position on October 31, 1979, and who did not

make the election under paragraph (2) of subsection (o).

‘‘(ii) Any individual described in clause (i) may, during the

5-year period beginning on the date on which the Secretary establishes rates of basic compensation and annual salary rates under

subparagraph (B), make an irrevocable election to have the basic

compensation rate or annual salary rate of such individual determined in accordance with this paragraph.

‘‘(iii) If an individual makes the election described in clause

(ii), such election shall not affect the application to the individual
H. R. 6—490

of the same retirement system and leave system that applies to

the individual during the fiscal year preceding the fiscal year in

which such election is made, except that the individual must use

leave accrued during a contract period by the end of that contract

period.

‘‘(F) The President shall include with the budget submitted

under section 1105 of title 31, United States Code, for each of

the fiscal years 1990, 1991, and 1992 a written statement by the

Secretary which specifies—

‘‘(i) the amount of funds the Secretary needs to pay basic

compensation and the annual salaries of educators for such

fiscal year, and

‘‘(ii) the amount of funds the Secretary estimates would

be needed to pay basic compensation and the annual salaries

of educators for such fiscal year if the amendments made to

this paragraph by the Indian Education Amendments of 1988

had not been enacted.

‘‘(2) Each educator employed in an education position in Alaska

shall be paid a cost-of-living allowance equal to 25 percent of

the rate of basic compensation to which such educator is entitled.

‘‘(3)(A) The Secretary may pay a postdifferential not to exceed

25 percent of the rate of basic compensation, on the basis of conditions of environment or work which warrant additional pay as

a recruitment and retention incentive.

‘‘(B)(i) Upon the request of the supervisor and the local school

board of a Bureau school, the Secretary shall grant the supervisor

of the school authorization to provide 1 or more post differentials

under subparagraph (A) unless the Secretary determines for clear

and convincing reasons (and advises the board in writing of those

reasons) that certain of the requested post differentials should

be disapproved or decreased because there is no disparity of compensation for the involved employees or positions in the Bureau

school, as compared with the nearest public school, that is either—

‘‘(I) at least 5 percent, or

‘‘(II) less than 5 percent and affects the recruitment or

retention of employees at the school.

‘‘(ii) The request under clause (i) shall be deemed granted

as requested at the end of the 60th day after the request is received

in the Central Office of the Bureau unless before that time the

request is approved, approved with modification, or disapproved

by the Secretary. ‘‘(iii) The Secretary or the supervisor of a Bureau school may

discontinue or decrease a post differential authorized by reason

of this subparagraph at the beginning of a school year after either— ‘‘(I) the local school board requests that such differential

be discontinued or decreased, or

‘‘(II) the Secretary or the supervisor determines for clear

and convincing reasons (and advises the board in writing of

those reasons) that there is no disparity of compensation that

would affect the recruitment or retention of employees at the

school after the differential is discontinued or decreased.

‘‘(iv) On or before February 1 of each year, the Secretary shall

submit to Congress a report describing the requests and grants

of authority under this subparagraph during the previous fiscal

year and listing the positions contracted under those grants of

authority.

‘‘(i) Any individual—
H. R. 6—491

‘‘(1) who on the date of enactment of this Act is holding

a position which is determined under subsection (f) to be an

education position and who elects under subsection (o)(2) to

be covered under the provisions of this section, or

‘‘(2) who is an employee of the Federal Government or

the municipal government of the District of Columbia and

is transferred, promoted, or reappointed, without break in service, from a position under a different leave system to an education position,

shall be credited for the purpose of the leave system provided

under regulations prescribed pursuant to subsection (b)(10), with

the annual and sick leave to such individual’s credit immediately

before the effective date of such election, transfer, promotion, or

reappointment.

‘‘(j) Upon termination of employment with the Bureau, any

annual leave remaining to the credit of an individual within the

purview of this section shall be liquidated in accordance with sections 5551(a) and 6306 of title 5, United States Code, except that

leave earned or accrued under regulations prescribed pursuant to

subsection (b)(10) shall not be so liquidated.

‘‘(k) In the case of any educator who is transferred, promoted,

or reappointed, without break in service, to a position in the Federal

Government under a different leave system, any remaining leave

to the credit of such person earned or credited under the regulations

prescribed pursuant to subsection (b)(10) shall be transferred to

such person’s credit in the employing agency on an adjusted basis

in accordance with regulations which shall be prescribed by the

Office of Personnel Management.

‘‘(l) An educator who voluntarily terminates employment with

the Bureau before the expiration of the existing employment contract between such educator and the Bureau shall not be eligible

to be employed in another education position in the Bureau during

the remainder of the term of such contract.

‘‘(m) In the case of any educator employed in an education

position described in subsection (n)(1)(A) who—

‘‘(1) is employed at the close of a school year,

‘‘(2) agrees in writing to serve in such a position for the

next school year, and

‘‘(3) is employed in another position during the recess period

immediately preceding such next school year, or during such

recess period receives additional compensation referred to in

section 5533 of title 5, United States Code, relating to dual

compensation, shall not apply to such educator by reason of

any such employment during a recess period for any such

receipt of additional compensation.

‘‘(n) For the purpose of this section—

‘‘(1) The term ‘education position’ means a position in the

Bureau the duties and responsibilities of which—

‘‘(A) are performed on a school-year basis principally

in a Bureau school and involve—

‘‘(i) classroom or other instruction or the supervision or direction of classroom or other instruction;

‘‘(ii) any activity (other than teaching) which

requires academic credits in educational theory and

practice equal to the academic credits in educational

theory and practice required for a bachelor’s degree
H. R. 6—492

in education from an accredited institution of higher

education;

‘‘(iii) any activity in or related to the field of

education notwithstanding that academic credits in

educational theory and practice are not a formal

requirement for the conduct of such activity; or

‘‘(iv) support services at, or associated with, the

site of the school; or

‘‘(B) are performed at the agency level of the Bureau

and involve the implementation of education-related programs other than the position for agency superintendent

for education.

‘‘(2) The term ‘educator’ means an individual whose services

are required, or who is employed, in an education position.

‘‘(o)(1) Subsections (a) through (n) of this section apply to an

educator hired after November 1, 1979 (and to an educator who

elected application under paragraph (2)) and to the position in

which such individual is employed. Subject to paragraph (2), the

enactment of this Act shall not affect the continued employment

of an individual employed on October 31, 1979 in an education

position, or such individual’s right to receive the compensation

attached to such position.

‘‘(2) Any individual employed in an education position on October 31, 1979, may, not later than November 1, 1983, make an

irrevocable election to be covered under the provisions of subsections

(a) through (n) of this section.

‘‘(p)(1) An educator who was employed in an education position

on October 31, 1979, who was eligible to make an election under

paragraph (2) of subsection (o) at that time, and who did not

make the election under paragraph (2) of subsection (o), may not

be placed on furlough (within the meaning of section 7511(a)(5)

of title 5, United States Code) without the consent of such educator

for an aggregate of more than 4 weeks within the same calendar

year, unless— ‘‘(A) the supervisor, with the approval of the local school

board (or of the education line officer upon appeal under paragraph (2)), of the Bureau school at which such educator provides

services determines that a longer period of furlough is necessary

due to an insufficient amount of funds available for personnel

compensation at such school, as determined under the financial

plan process as determined under section 1130(b) of this Act,

and

‘‘(B) all educators (other than principals and clerical

employees) providing services at such Bureau school are placed

on furloughs of equal length, except that the supervisor, with

the approval of the local school board (or of the agency education

line officer upon appeal under paragraph (2)), may continue

1 or more educators in pay status if—

‘‘(i) such educators are needed to operate summer programs, attend summer training sessions, or participate in

special activities including curriculum development

committees; and

‘‘(ii) such educators are selected based upon such educator’s qualifications, after public notice of the minimum

qualifications reasonably necessary and without discrimination as to supervisory, nonsupervisory, or other status of

the educators who apply.
H. R. 6—493

‘‘(2) The supervisor of a Bureau school may appeal to the

appropriate agency education line officer any refusal by the local

school board to approve any determination of the supervisor that

is described in paragraph (1)(A) by filing a written statement

describing the determination and the reasons the supervisor

believes such determination should be approved. A copy of such

statement shall be submitted to the local school board and such

board shall be afforded an opportunity to respond, in writing, to

such appeal. After reviewing such written appeal and response,

the education line officer may, for good cause, approve the determination of the supervisor. The educational line officer shall transmit the determination of such appeal in the form of a written

opinion to such local school board and to the supervisor identifying

the reasons for approving such determination.

‘‘SEC. 1133. MANAGEMENT INFORMATION SYSTEM.

‘‘The Secretary shall establish within the Office, within 1 year

after the date of the enactment of the Indian Education Amendments of 1984, a computerized management information system,

which shall provide information to the Office. Such information

shall include—

‘‘(1) student enrollment;

‘‘(2) curriculum;

‘‘(3) staff;

‘‘(4) facilities;

‘‘(5) community demographics;

‘‘(6) student assessment information; and

‘‘(7) information on the administrative and program costs

attributable to each Bureau program, divided into discreet elements.

‘‘SEC. 1134. BUREAU EDUCATION POLICIES.

‘‘Within 180 days of the date of enactment of this Act, the

Secretary shall develop, publish in the Federal Register, and submit

to all agency and area offices of the Bureau, all tribal governments,

and the appropriate committees of the Congress, a draft set of

education policies, procedures, and practices for education-related

action of the Bureau. The Secretary shall, within 1 year of the

date of enactment of this Act, provide that such uniform policies,

procedures, and practices shall be finalized and promulgated. Thereafter, such policies, procedures, and practices and their periodic

revisions, shall serve as the foundation for future Bureau actions

in education.

‘‘SEC. 1135. UNIFORM EDUCATION PROCEDURES AND PRACTICES.

‘‘The Secretary shall cause the various divisions of the Bureau

to formulate uniform procedures and practices with respect to such

concerns of those divisions as relate to education, and shall report

such practices and procedures to the Congress.

‘‘SEC. 1136. RECRUITMENT OF INDIAN EDUCATORS.

‘‘The Secretary shall institute a policy for the recruitment of

qualified Indian educators and a detailed plan to promote employees

from within the Bureau. Such plan shall include opportunities

for acquiring work experience prior to actual work assignment.
H. R. 6—494

‘‘SEC. 1137. ANNUAL REPORT.

‘‘(a) The Secretary shall submit to each appropriate committee of the Congress a detailed annual report on the state of education

within the Bureau and any problems encountered in the field of

education during the year. Such report shall contain suggestions

for improving the Bureau educational system and increasing local

Indian control of such system. Such report shall also include the

current status of tribally controlled community colleges. The annual

budget submission for the Bureau’s education programs shall,

among other things, include— ‘‘(1) information on the funds provided previously private schools under section 208 of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 458d) and recommendations with respect to the future use of such funds; ‘‘(2) the needs and costs of operation and maintenance

of tribally controlled community colleges eligible for assistance

under the Tribally Controlled Community College Assistance

Act of 1978 (25 U.S.C. 1801 et seq.) and recommendations

with respect to meeting such needs and costs; and ‘‘(3) the plans required by sections 1121(g), 1122(c), and 1125(b), of this Act.

‘‘(b) The Inspector General of the Department of the Interior

shall establish a system to ensure that financial and compliance

audits are conducted of each Bureau school at least once in every

three years. Audits of Bureau schools shall be based upon the

extent to which such school has complied with its local financial

plan under section 1129.

‘‘SEC. 1138. RIGHTS OF INDIAN STUDENTS.

‘‘Within six months of the date of enactment of this Act, the

Secretary shall prescribe such rules and regulations as are necessary to ensure the constitutional and civil rights of Indian students attending Bureau schools, including such students’ right to

privacy under the laws of the United States, such students’ right

to freedom of religion and expression and such students’ right

to due process in connection with disciplinary actions, suspensions,

and expulsions.

‘‘SEC. 1139. REGULATIONS.

‘‘Regulations required to be adopted under sections 1126 through 1138 and any revisions of the standards developed under

section 1121 or 1122 shall be deemed rules of general applicability

prescribed for the administration of an applicable program for the

purposes of section 437 of the General Education Provisions Act

and shall be promulgated, submitted for congressional review, and

take effect in accordance with the provisions of such section. Such

regulations shall contain, immediately following each substantive

provision of such regulations, citations to the particular section

or sections of statutory law or other legal authority upon which

such provision is based.

‘‘SEC. 1140. VOLUNTARY SERVICES.

‘‘Notwithstanding section 1342 of title 31, United States Code,

the Secretary may, subject to the approval of the local school

board concerned, accept voluntary services on behalf of Bureau

schools. Nothing in this title shall be construed to require Federal

employees to work without compensation or to allow the use of

volunteer services to displace or replace Federal employees. An
H. R. 6—495

individual providing volunteer services under this section is a Federal employee only for purposes of chapter 81 of title 5, United

States Code, and chapter 171 of title 28, United States Code.

‘‘SEC. 1141. PRORATION OF PAY.

‘‘(a) Notwithstanding any other provision of law, including laws relating to dual compensation, the Secretary, at the election of

the employee, shall prorate the salary of an employee employed

in an education position for the academic school year over the

entire 12-month period. Each educator employed for the academic

school year shall annually elect to be paid on a 12-month basis

or for those months while school is in session. No educator shall

suffer a loss of pay or benefits, including benefits under unemployment or other Federal or federally assisted programs, because of

such election.

‘‘(b) During the course of such year the employee may change election once.

‘‘(c) That portion of the employee’s pay which would be paid between academic school years may be paid in lump sum at the

election of the employee.

‘‘(d) For the purposes of this section the terms ‘educator’ and

‘education position’ have the meaning contained in paragraphs (1)

and (2) of section 1132(n). This section applies to those individuals

employed under the provisions of section 1132 of this title or title

5, United States Code.

‘‘SEC. 1142. EXTRACURRICULAR ACTIVITIES.

‘‘(a) Notwithstanding any other provision of law, the Secretary

may provide, for each Bureau area, a stipend in lieu of overtime

premium pay or compensatory time off. Any employee of the Bureau

who performs additional activities to provide services to students

or otherwise support the school’s academic and social programs

may elect to be compensated for all such work on the basis of

the stipend. Such stipend shall be paid as a supplement to the

employee’s base pay.

‘‘(b) If an employee elects not to be compensated through the

stipend established by this section, the appropriate provisions of

title 5, United States Code, shall apply.

‘‘(c) This section applies to all Bureau employees, whether

employed under section 1132 of this title or title 5, United States

Code.

‘‘SEC. 1143. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

‘‘(a) The Secretary shall provide grants to tribes, tribal organizations, and consortia of tribes and tribal organizations to fund early

childhood development programs that are operated by such tribes,

organizations, or consortia. ‘‘(b)(1) The total amount of the grants provided under subsection (a) with respect to each tribe, tribal organization, or consortium

of tribes or tribal organizations for each fiscal year shall be equal

to the amount which bears the same relationship to the total

amount appropriated under the authority of subsection (f) for such

fiscal year (less amounts provided under subsection (e)) as— ‘‘(A) the total number of children under 6 years of age

who are members of—

‘‘(i) such tribe,

‘‘(ii) the tribe that authorized such tribal organization,

or
H. R. 6—496

‘‘(iii) any tribe that—

‘‘(I) is a member of such consortium, or

‘‘(II) authorizes any tribal organization that is a

member of such consortium, bears to

‘‘(B) the total number of all children under 6 years of

age who are members of any tribe that—

‘‘(i) is eligible to receive funds under subsection (a),

‘‘(ii) is a member of a consortium that is eligible to

receive such funds, or

‘‘(iii) authorizes a tribal organization that is eligible

to receive such funds.

‘‘(2) No grant may be provided under subsection (a)—

‘‘(A) to any tribe that has less than 500 members,

‘‘(B) to any tribal organization which is authorized—

‘‘(i) by only 1 tribe that has less than 500 members,

or

‘‘(ii) by 1 or more tribes that have a combined total

membership of less than 500 members, or

‘‘(C) to any consortium composed of tribes, or tribal

organizations authorized by tribes, that have a combined total

tribal membership of less than 500 members.

‘‘(c)(1) A grant may be provided under subsection (a) to a

tribe, tribal organization, or consortia of tribes and tribal organizations only if the tribe, organization or consortia submits to the

Secretary an application for the grant at such time and in such

form as the Secretary shall prescribe.

‘‘(2) Applications submitted under paragraph (1) shall set forth

the early childhood development program that the applicant desires

to operate.

‘‘(d) The early childhood development programs that are funded by grants provided under subsection (a)— ‘‘(1) shall coordinate existing programs and may provide

services that meet identified needs of parents and children

under 6 years of age which are not being met by existing

programs, including— ‘‘(A) prenatal care,

‘‘(B) nutrition education,

‘‘(C) health education and screening,

‘‘(D) educational testing, and

‘‘(E) other educational services,

‘‘(2) may include instruction in the language, art, and culture of the tribe, and

‘‘(3) shall provide for periodic assessment of the program. ‘‘(e) The Secretary shall, out of funds appropriated under the authority of subsection (f), include in the grants provided under

subsection (a) amounts for administrative costs incurred by the

tribe or tribal organization in establishing and maintaining the

early childhood development program.

‘‘(f) For the purpose of carrying out the provisions of this

section, there are authorized to be appropriated $10,000,000 for

fiscal year 1995 and such sums as may be necessary for each

of the fiscal years 1996, 1997, 1998, and 1999.

‘‘SEC. 1144. TRIBAL DEPARTMENTS OF EDUCATION.

‘‘(a) Subject to the availability of appropriations, the Secretary

shall provide grants and technical assistance to tribes for the development and operation of tribal departments of education for the
H. R. 6—497

purpose of planning and coordinating all educational programs of

the tribe.

‘‘(b) Grants provided under this section shall—

‘‘(1) be based on applications from the governing body of

the tribe,

‘‘(2) reflect factors such as geographic and population diversity,

‘‘(3) facilitate tribal control in all matters relating to the

education of Indian children on Indian reservations and on

former Indian reservations in Oklahoma,

‘‘(4) provide for the development of coordinated educational

programs on Indian reservations (including all preschool,

elementary, secondary, and higher or vocational educational

programs funded by tribal, Federal, or other sources) by

encouraging tribal administrative support of all Bureau funded

educational programs as well as encouraging tribal cooperation

and coordination with all educational programs receiving financial support from State agencies, other Federal agencies, or

private entities,

‘‘(5) provide for the development and enforcement of tribal

educational codes, including tribal educational policies and

tribal standards applicable to curriculum, personnel, students,

facilities, and support programs, and

‘‘(6) otherwise comply with regulations for grants under

section 103(a) of the Indian Self-Determination and Educational

Assistance Act (25 U.S.C. 450h) that are in effect on the date

application for such grants are made.

‘‘(c)(1) In approving and funding applications for grants under

this section, the Secretary shall give priority to any application

that—

‘‘(A) includes assurances from the majority of Bureau

funded schools located within the boundaries of the reservation

of the applicant that the tribal department of education to

be funded under this section will provide coordinating services

and technical assistance to all of such schools, including the

submission to each applicable agency of a unified application

for funding for all of such schools which provides that— ‘‘(i) no administrative costs other than those attributable to the individual programs of such schools will be

associated with the unified application, and

‘‘(ii) the distribution of all funds received under the

unified application will be equal to the amount of funds

provided by the applicable agency to which each of such

schools is entitled under law,

‘‘(B) includes assurances from the tribal governing body

that the tribal department of education funded under this section will administer all contracts or grants (except those covered

by the other provisions of this title and the Tribally Controlled

Community College Assistance Act of 1978) for education programs administered by the tribe and will coordinate all of

the programs to the greatest extent possible,

‘‘(C) includes assurances for the monitoring and auditing

by or through the tribal department of education of all education programs for which funds are provided by contract or

grant to ensure that the programs meet the requirements of

law, and

‘‘(D) provides a plan and schedule for—
H. R. 6—498

‘‘(i) the assumption over the term of the grant by the tribal department of education of all assets and functions of the Bureau agency office associated with the tribe,

insofar as those responsibilities relate to education, and ‘‘(ii) the termination by the Bureau of such operations and office at the time of such assumption,

except that when mutually agreeable between the tribal governing body and the Assistant Secretary, the period in which

such assumption is to occur may be modified, reduced, or

extended after the initial year of the grant.

‘‘(2) Subject to the availability of appropriated funds, grants provided under this section shall be provided for a period of 3

years and the grant may, if performance by the grantee is satisfactory to the Secretary, be renewed for additional 3-year terms. ‘‘(d) The Secretary shall not impose any terms, conditions, or requirements on the provision of grants under this section that

are not specified in this section. ‘‘(e) For the purpose of carrying out the provisions of this section, there are authorized to be appropriated $2,000,000 for

fiscal year 1995 and such sums as may be necessary for each

of the fiscal years 1996, 1997, 1998, and 1999.

‘‘SEC. 1145. PAYMENTS.

‘‘(a)(1) Except as otherwise provided in this subsection, the

Secretary shall make payments to grantees under this part in

2 payments— ‘‘(A) one payment to be made not later than July 15 of each year in an amount equal to one-half of the amount which

the grantee was entitled to receive during the preceding academic year, and ‘‘(B) the second payment, consisting of the remainder to which the grantee is entitled for the academic year, shall be

made not later than December 1 of each year.

‘‘(2) For any school for which no payment was made from Bureau funds in the preceding academic year, full payment of

the amount computed for the first academic year of eligibility under

this part shall be made not later than December 1 of the academic

year.‘‘(3) With regard to funds for grantees that become available for obligation on October 1 of the fiscal year for which such funds

are appropriated, the Secretary shall make payments to grantees

not later than December 1 of the fiscal year. ‘‘(4) The provisions of chapter 39 of title 31, United States

Code, shall apply to the payments required to be made by paragraphs (1), (2), and (3) of this subsection.

‘‘SEC. 1146. DEFINITIONS.

‘‘For the purpose of this part, unless otherwise specified— ‘‘(1) the term ‘agency school board’ means a body, the

members of which are appointed by the school boards of the

schools located within such agency, and the number of such

members shall be determined by the Secretary in consultation

with the affected tribes, except that, in agencies serving a

single school, the school board of such school shall fulfill these

duties;

‘‘(2) the term ‘Bureau’ means the Bureau of Indian Affairs

of the Department of the Interior;

‘‘(3) the term ‘Bureau funded school’ means—
H. R. 6—499

‘‘(A) a Bureau school;

‘‘(B) a contract school; or

‘‘(C) a school for which assistance is provided under

the Tribally Controlled Schools Act of 1988;

‘‘(4) the term ‘Bureau school’ means a Bureau operated

elementary or secondary day or boarding school or a Bureau

operated dormitory for students attending a school other than

a Bureau school;

‘‘(5) the term ‘contract or grant school’ means an elementary

or secondary school or a dormitory which receives financial

assistance for its operation under a contract, grant, or agreement with the Bureau under section 102, 103(a), or 208 of

the Indian Self-Determination and Education Assistance Act

(25 U.S.C. 450f, 450h(a), and 458d) or under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504);

‘‘(6) the term ‘education line officer’ means education

personnel under the supervision of the Director, whether

located in central, area, or agency offices;

‘‘(7) the term ‘financial plan’ means a plan of services

to be provided by each Bureau school;

‘‘(8) the term ‘Indian organization’ means any group,

association, partnership, corporation, or other legal entity

owned or controlled by a federally recognized Indian tribe or

tribes, or a majority of whose members are members of federally

recognized Indian tribes;

‘‘(9) the term ‘local educational agency’ means a board

of education or other legally constituted local school authority

having administrative control and direction of free public education in a county, township, independent, or other school district located within a State, and includes any State agency

which directly operates and maintains facilities for providing

free public education;

‘‘(10) the term ‘local school board’, when used with respect

to a Bureau school, means a body chosen in accordance with

the laws of the tribe to be served or, in the absence of such

laws, elected by the parents of the Indian children attending

the school, except that in schools serving a substantial number

of students from different tribes, the members shall be

appointed by the governing bodies of the tribes affected, and

the number of such members shall be determined by the Secretary in consultation with the affected tribes;

‘‘(11) the term ‘Office’ means the Office of Indian Education

Programs within the Bureau;

‘‘(12) the term ‘Secretary’ means the Secretary of the

Interior;

‘‘(13) the term ‘supervisor’ means the individual in the

position of ultimate authority at a Bureau school; and

‘‘(14) the term ‘tribe’ means any Indian tribe, band, nation,

or other organized group or community, including any Alaska

Native village or regional or village corporation as defined

in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1801 et seq.) which is recognized as eligible

for the special programs and services provided by the United

States to Indians because of their status as Indians.’’.
H. R. 6—500

SEC. 382. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.

(a) NEW CONSTRUCTION.—The second sentence of paragraph (4) of section 5205(b) of the Tribally Controlled Schools Act of

1988 (25 U.S.C. 2504(b)(4)) is amended by striking ‘‘were received.’’

and inserting ‘‘were received, except that a school receiving a grant

under this part for facilities improvement and repair may use

such grant funds for new construction if the tribal government

or other organization provides funding for the new construction

equal to at least one-fourth of the total cost of such new construction.’’.

(b) COMPOSITION OF GRANTS.—Subsection (b) of section 5205

of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504(b))

is further amended by adding at the end the following new paragraph: ‘‘(5) If the Secretary fails to make a determination within 180 days of a request filed by an Indian tribe or tribal organization to include in such tribe or organization’s grant the funds

described in subsection (a)(2), the Secretary shall be deemed

to have approved such request and the Secretary shall immediately amend the grant accordingly. Such tribe or organization

may enforce its rights under subsection (a)(2) and this paragraph, including any denial of or failure to act on such tribe

or organization’s request, pursuant to the disputes authority

described in section 5209(e).’’.

(c) PAYMENTS.—Subsection (a) of section 5208 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507(a)) is amended

to read as follows:

‘‘(a) PAYMENTS.— ‘‘(1) Except as otherwise provided in this subsection, the

Secretary shall make payments to grantees under this part

in 2 payments, of which—

‘‘(A) the first payment shall be made not later than

July 15 of each year in an amount equal to one-half of

the amount which the grantee was entitled to receive during the preceding academic year; and

‘‘(B) the second payment, consisting of the remainder

to which the grantee is entitled for the academic year,

shall be made not later than December 1 of each year.

‘‘(2) For any school for which no payment under this part

was made from Bureau funds in the preceding academic year,

full payment of the amount computed for the first academic

year of eligibility under this part shall be made not later

than December 1 of the academic year.

‘‘(3) With regard to funds for grantees that become available

for obligation on October 1 of the fiscal year for which such

funds are appropriated, the Secretary shall make payments

to grantees not later than December 1 of the fiscal year. ‘‘(4) The provisions of chapter 39 of title 31, United States

Code, shall apply to the payments required to be made by

paragraphs (1), (2), and (3). ‘‘(5) Paragraphs (1), (2), and (3) shall be subject to any

restriction on amounts of payments under this part that are

imposed by a continuing resolution or other Act appropriating

the funds involved.’’.

(d) APPLICABILITY.—Subsection (a) of section 5209 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2508(a)) is amended

to read as follows:
H. R. 6—501

‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—All provisions

of sections 5, 6, 7, 104, 105(f), 106(f), 109, and 111 of the Indian

Self-Determination and Education Assistance Act, except those

provisions relating to indirect costs and length of contract, shall

apply to grants provided under this part.

(e) EXCEPTIONS, PROBLEMS, AND DISPUTES.—Subsection (e) of

section 5209 of the Tribally Controlled Schools Act of 1988 (25

U.S.C. 2508(e)) is amended—

(1) by striking ‘‘the amount of a grant under section 5205

(and the amount of any funds referred to in that section),

and payments to be made under section 5208 of this Act,’’

and inserting ‘‘a grant authorized to be made pursuant to

this part or any amendment to such grant,’’;

(2) by striking ‘‘the amount of, or payment of, the administrative grant’’ and inserting ‘‘an administrative cost grant’’;

and

(3) by adding at the end the following new sentence: ‘‘The

Equal Access to Justice Act shall apply to administrative

appeals filed after September 8, 1988, by grantees regarding

a grant under this part, including an administrative cost

grant.’’.

SEC. 383. ENDOWMENT FUNDS.

Section 302 of the Tribally Controlled Community College

Assistance Act of 1978 (25 U.S.C. 1832) is amended—

(1) in subsection (a), by striking ‘‘section 333’’ and inserting

in lieu thereof ‘‘section 331’’; and

(2) in subsection (b)—

(A) by amending paragraph (1) to read as follows: ‘‘(1) provides for the investment and maintenance of a

trust fund, the corpus and earnings of which shall be invested

in the same manner as funds are invested under paragraph

(2) of section 331(c) of the Higher Education Act of 1965,

except that for purposes of this paragraph, the term ‘trust

fund’ means a fund established by an institution of higher

education or by a foundation that is exempt from taxation

and is maintained for the purpose of generating income for

the support of the institution, and may include real estate;’’;

and

(B) in paragraph (3) by striking ‘‘same’’ the first time

such term appears.

SEC. 384. GOALS 2000: EDUCATE AMERICA ACT.

(a) Section 315 of the Goals 2000: Educate America Act (20

U.S.C. 5895) is amended—

(1) by amending subsection (c) to read as follows:

‘‘(c) BUREAU OF INDIAN AFFAIRS COST ANALYSIS AND STUDIES.—

‘‘(1) IN GENERAL.—The Secretary of the Interior shall

reserve from the funds received pursuant to section 304(a)(1)(B)

in the first and second fiscal year for which the Secretary

of the Interior receives such funds an amount not to exceed

$500,000 for each such year to provide, through a contract

executed, after open solicitation, with an organization or institution having extensive experience in school finance, for an analysis of—

‘‘(A) the costs associated with meeting the academic,

home-living, and residential standards of the Bureau for
H. R. 6—502

each Bureau funded school and annual projections of such

costs; and

‘‘(B) the feasibility and desirability of changing the

method of financing for Bureau funded schools from the

weighted student unit formula method in effect on the

date of enactment of this Act to a school-based budget

system or other alternative system of financial support.

‘‘(2) COST ANALYSIS PURPOSE.—The purpose of the cost

analysis provided for in paragraph (1)(A) shall be to provide

the Bureau and the panel described in subsection (b)(4) with

baseline data regarding the current state of operations funded

by the Bureau and to provide a framework for the implementation of opportunity-to-learn standards or strategies. Such analysis shall evaluate the costs of providing a program in each

school operated or supported by the Bureau for the next

succeeding academic year and shall be based on—

‘‘(A) the standards either published in the Federal

Register and effective for schools funded by the Bureau

on the date of enactment of the Improving America’s

Schools Act of 1994, or the State or regional standards

in effect on such date for a Bureau funded school;

‘‘(B) the best projections of student counts and demographics as provided by the Bureau and as independently

reviewed by the organization or institution selected by

the Secretary to perform the analysis described in this

section; and

‘‘(C) the pay and benefit schedules and other personnel

requirements for each school operated by the Bureau, as

such pay and benefit schedules and requirements existed

on the date of enactment of the Improving America’s

Schools Act of 1994.

‘‘(3) FEASIBILITY STUDY PURPOSE.—(A) The purpose of the

feasibility analysis provided for in paragraph (1)(B) shall be

to determine whether it is feasible and desirable for the Bureau

to replace or modify the weighted student unit formula system

in effect on the date of enactment of this Act.

‘‘(B) For the purposes of the feasibility analysis described in paragraph (1)(B), the term ‘school-based budget system’

means a system based upon an initial determination, at each

school site, of the number of students who shall be served

at the site, the needs of those students, the standards which

will best meet those needs (including any standards or conditions reflecting local community input and such community’s

program), the personnel profile necessary to establish such

program and the cost (determined on an actual basis) of funding

such a program. Such a system shall include procedures to

aggregate the determinations for each school site to determine

the amount needed to fund all Bureau funded schools, to prepare a budget submission based upon such aggregate, and

to provide for a mechanism for distributing such sums as may

be appropriated based upon the determination at each school

site.

‘‘(4) RESULTS REPORT.—The contractor selected shall be

required to report the results of analyses provided for in this

section, in aggregate and school-specific form to the chairpersons and ranking minority members of the Committee on

Education and Labor and the Committee on Appropriations
H. R. 6—503

of the House of Representatives and the Committee on Indian

Affairs and the Committee on Appropriations of the Senate,

and to the Secretary of the Interior, not later than six months

after the date of enactment of the Improving America’s Schools

Act of 1994. The contractor shall also be required to provide

an estimate of the costs of meeting the academic and residential

standards of the Bureau for each Bureau funded school for

each of the three succeeding forward-funded fiscal years following the date of submission of such report. The contractor shall

provide an estimate of such costs to such persons and members

not later than January 1 of each succeeding fiscal year.’’; and

(2) by adding at the end the following new subsections:

‘‘(e) GRANTS.—The Secretary of the Interior may use not more

than one percent of the funds received pursuant to section

304(a)(1)(B) in the first and second fiscal year for which the Secretary of the Interior receives such funds for the purpose of providing grants, if requested by Bureau funded school boards, to enable

such school boards to carry out activities of reform planning as

such activities are described for States in section 308(b)(2)(J),

including the feasibility of becoming a contract school pursuant

to the Indian Self-Determination and Education Assistance Act

(25 U.S.C. 450 et seq.), or a grant school pursuant to section

5204 of the Tribally Controlled Schools Act of 1988.

‘‘(f) STUDY.—In cooperation with the panel established in subsection (b)(4), the Secretary of the Interior shall conduct a study

to evaluate the feasibility of contracting with a private management

firm for the operation of one or more Bureau operated schools

to facilitate the achievement of the National Education Goals and

the efficient use of funds in the education of Indian children, and

to report to the persons identified in subsection (c)(4) and to the

panel described in subsection (b)(4) not later than 12 months after

the date of enactment of the Improving America’s Schools Act

of 1994.’’.

SEC. 386. AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND

ARTS DEVELOPMENT.

(a) STAFF OF THE INSTITUTE.—Subsection (f) of section 1509

of the Higher Education Amendments of 1986 (20 U.S.C. 4416(f))

is amended to read as follows:

‘‘(f) APPLICABILITY.—

‘‘(1) This section shall apply to any individual appointed

after October 17, 1986, for employment in the Institute. Except

as provided in subsections (d) and (g), the enactment of this

title shall not affect—

‘‘(A) the continued employment of any individual

employed before October 17, 1986; or

‘‘(B) such individual’s right to receive the compensation

attached to such position.

‘‘(2) This section shall not apply to an individual whose

services are procured by the Institute pursuant to a written

procurement contract.

‘‘(3) This section shall not apply to employees of an entity

performing services pursuant to a written contract with the

Institute.’’.

(b) ENDOWMENT PROGRAM.—Section 1518 of the Higher Education Amendments of 1986 (20 U.S.C. 4425) is amended—
H. R. 6—504

(1) in subsection (b), by adding at the end the following new paragraph: ‘‘(6) For the purpose of complying with the contribution requirement in this subsection, the Institute may use funds

or in-kind contributions of real or personal property. For the

purposes of this paragraph, all contributions, in-kind and real

estate, which are held by the Institute beginning on November

29, 1990, and which were received after June 2, 1988, but

which have not been included in their entirety in computations

under this section shall be eligible for matching Federal funds

appropriated in any year.’’; and (2) in subsection (c), by amending paragraph (1) to read as follows:

‘‘(1) Funds in the trust funds described in subsections (a)

and (b) shall be invested under the same conditions and limitations as funds are invested under section 331(c)(2) of the Higher

Education Act of 1965 and the regulations implementing such

section (as such regulations were in effect at the time the

funds are invested).’’.

PART I—CROSS REFERENCES AND

CONFORMING AMENDMENTS

SEC. 391. CROSS REFERENCES.

(a) REFUGEE EDUCATION ASSISTANCE ACT OF 1980.—(1) Paragraph (1) of section 101 of the Refugee Education Assistance Act

of 1980 (8 U.S.C. 1522 note) is amended by striking ‘‘section 198(a)’’

and inserting ‘‘section 14101’’. (2) Paragraph (2) of section 201(b) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking

‘‘(other than section 303 of the Elementary and Secondary Education

Act of 1965)’’.

(3) Paragraph (3) of section 301(b) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking

‘‘, except that no reduction under this paragraph shall be made

for any funds made available to the State under section 303 of

the Elementary and Secondary Education Act of 1965’’. (4) Paragraph (2) of section 401(b) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking

‘‘(other than section 303 of the Elementary and Secondary Education

Act of 1965)’’.

(b) TITLE 10.—(1) Subparagraph (A) of section 1151(b)(2) of title 10, United States Code, is amended by striking ‘‘chapter 1

of’’.

(2) Subparagraph (A) of section 1151(b)(3) of title 10, United States Code, is amended by striking ‘‘chapter 1 of’’. (3) Subparagraph (A) of section 1598(a)(2) of title 10, United States Code, is amended by striking ‘‘chapter 1 of’’. (4) Section 2194 of title 10, United States Code, is amended—

(A) in subsection (a), by striking ‘‘education agencies’’ and

inserting ‘‘educational agency’’; and

(B) in subsection (e)—

(i) by striking ‘‘education agency’’ and inserting ‘‘educational agency’’; (ii) by striking ‘‘section 1471(12)’’ and inserting ‘‘section

14101’’; and

(iii) by striking ‘‘(20 U.S.C. 1058(b)’’.
H. R. 6—505

(5) Subparagraph (A) of section 2410j(a)(2) of title 10, United

States Code, is amended by striking ‘‘chapter 1 of’’.

(c) TOXIC SUBSTANCES CONTROL ACT.—(1) Subparagraph (A)

of section 202(7) of the Toxic Substances Control Act (15 U.S.C.

2642(7)(A)) is amended—

(A) by striking ‘‘section 198’’ and inserting ‘‘section 14101’’;

and

(B) by striking ‘‘(20 U.S.C. 3381)’’.

(2) Paragraph (9) of section 202 of the Toxic Substances Control

Act (15 U.S.C. 2642(9)) is amended—

(A) by striking ‘‘section 198’’ and inserting ‘‘section 14101’’;

and

(B) by striking ‘‘(20 U.S.C. 2854)’’.

(3) Paragraph (12) of section 202 of the Toxic Substances Control Act (15 U.S.C. 2642(12)) is amended—

(A) by striking ‘‘section 198’’ and inserting ‘‘section 14101’’;

and

(B) by striking ‘‘(20 U.S.C. 2854)’’.

(4) Section 302(1) of the Toxic Substances Control Act (15

U.S.C. 2662(1)(A)) is amended—

(A) in subparagraph (A)—

(i) by striking ‘‘section 198’’ and inserting ‘‘section

14101’’; and

(ii) by striking ‘‘(20 U.S.C. 3381)’’; and

(B) in subparagraph (C), by inserting ‘‘or successor authority’’ after ‘‘1107)’’.

(d) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

1993.—Paragraph (1) of section 386(h) of the National Defense

Authorization Act for Fiscal Year 1993 (20 U.S.C. 238 note) is

amended—

(1) by striking ‘‘section 1471(12)’’ and inserting ‘‘section

14101’’; and

(2) by striking ‘‘(20 U.S.C. 2891(12))’’.

(e) HIGHER EDUCATION ACT OF 1965.—(1) Clause (ii) of section

418A(b)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1070d–

2(b)(1)(B)(ii)) is amended by striking ‘‘subpart 1 of part D of chapter

1’’ and inserting ‘‘part C’’.

(2) Subparagraph (A) of section 418A(c)(1) of the Higher Education Act of 1965 (20 U.S.C. 1070d–2(c)(1)(A)) is amended—

(A) by striking ‘‘subpart 1 of part D of chapter 1’’ and

inserting ‘‘part C’’; and

(B) by inserting ‘‘(or such part’s predecessor authority)’’

after ‘‘1965’’.

(3) Subparagraph (A) of section 465(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) is amended by striking

‘‘chapter 1 of the Education Consolidation and Improvement Act

of 1981’’ and inserting ‘‘title I of the Elementary and Secondary

Education Act of 1965’’.

(4) Subsection (a) of section 469 of the Higher Education Act

of 1965 (20 U.S.C. 1087ii(a)) is amended by striking ‘‘chapter 1

of ’’.

(5) Subsection (b) of section 572 of the Higher Education Act

of 1965 (20 U.S.C. 1111a(b)) is amended by striking ‘‘of chapter

1’’.

(6) Paragraph (1) of section 581(b) of the Higher Education

Act of 1965 (20 U.S.C. 1113(b)(1)) is amended by striking ‘‘part
H. R. 6—506

A or subpart 1 of part D of chapter 1’’ and inserting ‘‘part A

or C ’’.

(7) Paragraph (3) of section 581(c) of the Higher Education

Act of 1965 (20 U.S.C. 1113(c)(3)) is amended by striking ‘‘chapter

1 of ’’.

(8) Subparagraph (C) of section 586(d)(1) of the Higher Education Act of 1965 (20 U.S.C. 1114(d)(1)(C)) is amended by striking

‘‘chapter 1 of ’’.

(9) Subparagraph (D) of section 586(d)(1) of the Higher Education Act of 1965 (20 U.S.C. 1114(d)(1)(D)) is amended by striking

‘‘chapter 1 of ’’.

(10) Subclause (I) of section 1144(b)(1)(B)(iv) of the Higher

Education Act of 1965 (20 U.S.C. 1138c(b)(1)(B)(iv)(I)) is amended

by striking ‘‘chapter 1 of ’’.

(f) INDIVIDUALS WITH DISABILITIES EDUCATION ACT.—(1) Clause

(ii) of section 602(a)(21)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1401(a)(21)(A)(ii)) is amended by striking

‘‘chapter 1 of ’’.

(2) Paragraph (2) of section 613(a) of the Individuals with

Disabilities Education Act (20 U.S.C. 1413(a)(2)) is amended by

striking ‘‘, including subpart 2 of part D of chapter 1 of title

I of the Elementary and Secondary Education Act of 1965,’’.

(3) Subparagraph (B) of section 622(c)(2) of the Individuals

with Disabilities Education Act (20 U.S.C. 1422(c)(2)) is amended

by striking ‘‘and subpart 2 of part D of chapter 1 of title I of

the Elementary and Secondary Education Act of 1965’’.

(g) EDUCATION AMENDMENTS OF 1972.—Subparagraph (B) of

section 908(2) of the Education Amendments of 1972 (20 U.S.C.

1687(2)(B)) is amended by striking ‘‘section 198(a)(10)’’ and inserting

‘‘section 14101’’.

(h) DEPARTMENT OF EDUCATION ORGANIZATION ACT.—Section

204 of the Department of Education Organization Act (20 U.S.C.

3414) is amended by striking ‘‘subpart 1 of part B’’ and inserting

‘‘part C’’.

(i) EDUCATION AND TRAINING FOR A COMPETITIVE AMERICA ACT

OF 1988.—The Education and Training for a Competitive America

Act of 1988 (20 U.S.C. 5001 et seq.) is repealed.

(j) EDUCATIONAL PARTNERSHIPS ACT OF 1988.—The Educational

Partnerships Act of 1988 (20 U.S.C. 5031 et seq.) is repealed.

(k) SECONDARY SCHOOLS BASIC SKILLS DEMONSTRATION ASSISTANCE ACT OF 1988.—The Secondary Schools Basic Skills Demonstration Assistance Act of 1988 (20 U.S.C. 5061 et seq.) is repealed.

(l) EXCELLENCE IN MATHEMATICS, SCIENCE AND ENGINEERING

EDUCATION ACT OF 1990.—The Excellence in Mathematics, Science

and Engineering Education Act of 1990 (20 U.S.C. 5311 et seq.)

is repealed.

(m) NATIONAL ENVIRONMENTAL EDUCATION ACT.—Paragraph

(5) of section 3 of the National Environmental Education Act (20

U.S.C. 5502(5)) is amended—

(1) by striking ‘‘local education’’ and inserting ‘‘local educational’’; and

(2) by striking ‘‘section 198’’ and inserting ‘‘section 14101’’.

(n) JOB TRAINING PARTNERSHIP ACT.—(1) Paragraph (23) of

section 4 of the Job Training Partnership Act (29 U.S.C. 1503(23))

is amended by striking ‘‘section 1471(23)’’ and inserting ‘‘section

14101’’.
H. R. 6—507

(2) Subparagraph (B) of section 263(a)(2) of the Job Training

Partnership Act (29 U.S.C. 1643(a)(2)(B)) is amended by striking

‘‘chapter 1 of’’.

(3) Subparagraph (B) of section 263(g)(1) of the Job Training

Partnership Act (29 U.S.C. 1643(g)(1)(B)) is amended by striking

‘‘chapter 1 of’’.

(4) Paragraph (2) of section 265(b) of the Job Training Partnership Act (29 U.S.C. 1645(b)(2)) is amended by striking ‘‘parts A

through D of chapter 1’’ and inserting ‘‘parts A through C’’.

(o) NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR

1993.—Paragraph (3) of section 1091(l) of the National Defense

Authorization Act for Fiscal Year 1993 (32 U.S.C. 501 note) is

amended by inserting ‘‘(as such section was in effect on the day

preceding the date of enactment of this Act)’’ after ‘‘1965’’.

(p) SAFE DRINKING WATER ACT.—Section 1461 of the Safe

Drinking Water Act (42 U.S.C. 300j–21(6)) is amended—

(1) in subparagraph (A) of paragraph (3)—

(A) by striking ‘‘section 198’’ and inserting ‘‘section

14101’’; and

(B) by striking ‘‘(20 U.S.C. 3381)’’; and

(2) in paragraph (6)—

(A) by striking ‘‘section 198’’ and inserting ‘‘section

14101’’; and

(B) by striking ‘‘(20 U.S.C. 2854)’’.

(q) CIVIL RIGHTS ACT OF 1964.—Subparagraph (B) of section

606(2) of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B))

is amended by striking ‘‘section 198(a)(10)’’ and inserting ‘‘section

14101’’.

(r) OLDER AMERICANS ACT OF 1965.—(1) Section 338A of the

Older Americans Act of 1965 (42 U.S.C. 3030g–12(a)(1)) is

amended—

(A) in paragraph (1) of subsection (a)—

(i) by striking ‘‘section 1471’’ and inserting ‘‘section

14101’’; and

(ii) by striking ‘‘(20 U.S.C. 2891)’’; and

(B) in paragraph (3) of subsection (b)—

(i) by striking ‘‘projects under section 1015’’ and inserting ‘‘programs under section 1114’’; and

(ii) by striking (20 U.S.C. 2025)’’.

(2) Subparagraph (B) of section 363(5) of the Older Americans

Act of 1965 (42 U.S.C. 3030o(5)(B)) is amended—

(A) by striking ‘‘section 1471’’ and inserting ‘‘section 14101’’;

and

(B) by striking ‘‘(20 U.S.C. 2891)’’.

(s) CARL D. PERKINS VOCATIONAL AND APPLIED TECHNOLOGY

EDUCATION ACT.—(1) Subsection (d) of section 111 of the Carl

D. Perkins Vocational and Applied Technology Education Act (20

U.S.C. 2321(d)) is amended by striking ‘‘chapter 1 of’’.

(2) Paragraph (14) of section 113(b) of the Carl D. Perkins

Vocational and Applied Technology Education Act (20 U.S.C.

2323(b)(14)) is amended by striking ‘‘chapter 1 of’’.

(3) Subsection (a) of section 115 of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2325(a))

is amended—

(A) by striking ‘‘chapter 1 of’’; and

(B) by inserting ‘‘of 1965’’ after ‘‘Secondary Education Act’’.
H. R. 6—508

(4) Paragraph (1) of section 231(a) of the Carl D. Perkins

Vocational and Applied Technology Education Act (20 U.S.C.

2341(a)(1)) is amended by striking ‘‘section 1005’’ and inserting

‘‘section 1124 or such section’s predecessor authority’’.

(5) Clause (iv) of section 231(d)(3)(A) of the Carl D. Perkins

Vocational and Applied Technology Education Act (20 U.S.C.

2341(d)(3)(A)(iv)) is amended by striking ‘‘chapter 1 of’’.

(6) Paragraph (3) of section 420(a) of the Carl D. Perkins

Vocational and Applied Technology Education Act (20 U.S.C.

2420(a)(3)) is amended by striking ‘‘section 1562’’ and inserting

‘‘part B of title XIII’’.

(7) Paragraph (20) of section 521 of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2471(20))

is amended by striking ‘‘section 1471(5)’’ and inserting ‘‘section

14101’’.

(8) Paragraph (21) of section 521 of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2471(21))

is amended by striking ‘‘section 703(a)(1)’’ and inserting ‘‘section

7004(a)’’.

(t) JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT OF

1974.—Paragraph (2) of section 288E(a) of the Juvenile Justice

and Delinquency Prevention Act of 1974 (42 U.S.C. 5667e–5(a)(2))

is amended by striking ‘‘chapter 1 of’’.

(u) AGE DISCRIMINATION ACT OF 1975.—Clause (ii) of section

309(4)(B) of the Age Discrimination Act of 1975 (42 U.S.C.

6107(4)(B)(ii)) is amended by striking ‘‘section 198(a)(10),’’ and

inserting ‘‘section 14101’’.

(v) HEAD START TRANSITIONAL PROJECT ACT.—(1) Paragraph (4) of section 132 of the Head Start Transition Project Act (42

U.S.C. 9855(4)) is amended by striking ‘‘section 1471(12)’’ and

inserting ‘‘section 14101’’. (2) Subsection (a) of section 134 of the Head Start Transition

Project Act (42 U.S.C. 9855b(a)) is amended by striking ‘‘of chapter

1’’.

(3) Subsection (b) of section 134 of the Head Start Transition

Project Act (42 U.S.C. 9855b(b)) is amended by striking ‘‘of chapter

1’’.

(4) Subsection (d) of section 135 of the Head Start Transition

Project Act (42 U.S.C. 9855c(d)) is amended by striking ‘‘schoolwide

project under section 1015(a)’’ and inserting ‘‘schoolwide program

under section 1114’’.

(5) Subparagraph (C) of section 136(a)(4) of the Head Start Transition Project Act (42 U.S.C. 9855d(a)(4)(C)) is amended— (A) by striking ‘‘the Follow Through Act, chapter 1 of’’;

and

(B) by striking ‘‘, part B of chapter 1 of title I of the

Elementary and Secondary Education Act of 1965 (Even Start)’’.

(6) Paragraph (8) of section 136(a) of the Head Start Transition

Project Act (42 U.S.C. 9855d(a)(8)) is amended by striking ‘‘part

B of chapter 1’’ and inserting ‘‘part B’’.

(7) Paragraph (10) of section 136(a) of the Head Start Transition

Project Act (42 U.S.C. 9855d(a)(10)) is amended by striking ‘‘part

B of chapter 1’’ and inserting ‘‘part B’’.

(w) FOLLOW THROUGH ACT.—The Follow Through Act (42

U.S.C. 9861 et seq.) is repealed.

(x) COMPREHENSIVE CHILD DEVELOPMENT ACT.—Paragraph (5)

of section 670S of the Comprehensive Child Development Act (42
H. R. 6—509

U.S.C. 9886(5)) is amended by striking ‘‘section 1471(12)’’ and

inserting ‘‘section 14101’’.

(y) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—Subparagraph (B) of section 112(b)(2) of the National and Community

Service Act of 1990 (42 U.S.C. 12524(b)(2)(B)) is amended by striking ‘‘chapter 1 of’’.

(z) TRAINING TECHNOLOGY TRANSFER ACT OF 1988.—Paragraph

(1) of section 6144 of the Training Technology Transfer Act of

1988 (20 U.S.C. 5124(1)) is amended by striking ‘‘section

405(d)(4)(A)(i) of the General Education Provisions Act (20 U.S.C.

1221e(d)(4)(A)(i))’’ and inserting ‘‘section 941(h) of the Educational

Research, Development, Dissemination, and Improvement Act of

1994’’.

SEC. 392. ADDITIONAL REPEALS AND TECHNICAL AND CONFORMING

AMENDMENTS REGARDING IMPACT AID.

(a) ADDITIONAL REPEALS.—

(1) OMNIBUS BUDGET RECONCILIATION ACT OF 1981.—Subsection (c) of section 505 of the Omnibus Budget Reconciliation

Act of 1981 is repealed.

(2) EDUCATION AMENDMENTS OF 1984.—Section 302 of the

Education Amendments of 1984 is repealed.

(3) DEPARTMENT OF EDUCATION APPROPRIATIONS ACT, 1991.—

Section 306 of the Department of Education Appropriations

Act, 1991, is repealed.

(4) NATIONAL ASSESSMENT OF CHAPTER 1 ACT.—Paragraph

(2) of section 3(a) of the 1992 National Assessment of Chapter

1 Act is repealed.

(5) PUBLIC LAW 92–277.—Section 2 of Public Law 92–277

(86 Stat. 124) is repealed.

(b) TECHNICAL AND CONFORMING AMENDMENTS.— (1) ELEMENTARY AND SECONDARY EDUCATION AMENDMENTS

OF 1966.—Section 182 of the Elementary and Secondary Education Amendments of 1966 is amended by striking ‘‘by the

Act of September 23, 1950 (Public Law 815, 81st Congress),’’. (2) TOXIC SUBSTANCES CONTROL ACT.—Subparagraph (C) of section 302(1) of the Toxic Substances Control Act (15 U.S.C.

2662(1)(C)) is amended by inserting ‘‘as in effect before enactment of the Improving America’s Schools Act of 1994’’ after

‘‘section 6 of the Act of September 30, 1950 (64 Stat. 1107),’’.

SEC. 393. INDIAN EDUCATION.

(a) ADULT EDUCATION ACT.—Paragraph (4) of section 322(a) of the Adult Education Act (20 U.S.C. 1203a(a)) is amended by

striking ‘‘the Indian Education Act’’ and inserting ‘‘title IX of the

Elementary and Secondary Education Act of 1965’’.

(b) EDUCATION AMENDMENTS OF 1978.—Paragraph (3) of section

1128(c) of the Education Amendments of 1978 (25 U.S.C. 2008(c)(3))

is amended—

(1) in clause (i) of subparagraph (A), by striking ‘‘(as determined pursuant to section 5324 of the Indian Education Act

of 1988)’’; and

(2) in subparagraph (B)—

(A) by striking ‘‘the later of the following’’ and all

that follows through ‘‘(ii)’’; and

(B) by inserting ‘‘, and for each fiscal year thereafter’’

before the period at the end thereof.
H. R. 6—510

(c) INDIAN EDUCATION ASSISTANCE ACT.—Section 209 of the

Indian Education Assistance Act (25 U.S.C. 458e) is amended by

striking ‘‘title IV of the Act of June 23, 1972 (86 Stat. 235)’’ and

inserting ‘‘title IX of the Elementary and Secondary Education

Act of 1965’’.

(d) JOHNSON-O’MALLEY ACT.—Subsection (a) of section 5 of

the Act of April 16, 1934, commonly known as the ‘‘JohnsonO’Malley Act’’ (25 U.S.C. 456(a)) is amended by striking ‘‘section

305(b)(2)(B)(ii) of the Act of June 23, 1972 (86 Stat. 235)’’ and

inserting ‘‘section 9104(c)(4) of the Elementary and Secondary Education Act of 1965’’.

SEC. 394. OTHER TECHNICAL AND CONFORMING AMENDMENTS.

(a) ADULT EDUCATION ACT.—Paragraph (7) of section 342(c)

of the Adult Education Act (20 U.S.C. 1206a(c)) is amended by

striking ‘‘section 7004(a) of title VII’’ and inserting ‘‘section 7004(a)’’.

(b) ANTI-DRUG ABUSE ACT OF 1988.—Subparagraph (A) of section 3521(d)(8) of the Anti-Drug Abuse Act of 1988 (42 U.S.C.

11841(d)(8)(A)) is amended by striking ‘‘the Drug-Free Schools and

Communities Act of 1986’’ and inserting ‘‘title IV of the Elementary

and Secondary Education Act of 1965’’.

(c) ASBESTOS SCHOOL HAZARD ABATEMENT ACT.—Section 511

of the Asbestos School Hazard Abatement Act of 1984 (20 U.S.C.

4020) is amended—

(1) in subparagraph (A) of paragraph (4), by striking ‘‘section 198(a)(10)’’ and inserting ‘‘section 14101’’; and

(2) in subparagraph (A) of paragraph (5), by striking ‘‘section 198(a)(7)’’ and inserting ‘‘section 14101’’.

(d) CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING

ACT.—Paragraph (10) of section 457 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899f(10)) is amended

by striking ‘‘section 7003 of the Bilingual Education Act’’ and inserting ‘‘section 7004(a) of the Elementary and Secondary Education

Act of 1965’’.

(e) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Subparagraph (A) of section 108(a)(1) of the Family and Medical Leave Act of

1993 (29 U.S.C. 2618(a)(1)(A)) is amended by striking ‘‘section

1471(12)’’ and inserting ‘‘section 14101’’. (f) GOALS 2000: EDUCATE AMERICA ACT.—The Goals 2000: Educate America Act is amended—

(1) in section 3—

(A) in subsection (a)—

(i) in paragraph (6), by striking ‘‘section 1471’’

and inserting ‘‘section 14101’’; and (ii) in paragraph (10), by striking ‘‘section 602’’

and inserting ‘‘section 602(a)(17)’’; and

(B) in paragraph (1) of subsection (b), by striking ‘‘section 1471’’ and inserting ‘‘section 14101’’;

(2) in paragraph (7) of section 231, by striking ‘‘chapter

1 of’’;

(3) in subsection (b) of section 232—

(A) in subparagraph (A) of paragraph (2), by striking

‘‘Star Schools Program Assistance Act’’ and inserting ‘‘Star

Schools program authorized by part B of title III of the

Elementary and Secondary Education Act of 1965’’; and

(B) in subparagraph (F) of paragraph (3), by striking

‘‘the evaluation undertaken pursuant to section 908 of the
H. R. 6—511

Star Schools Program Assistance Act’’ and inserting ‘‘any

evaluation of the Star School program undertaken by the

Secretary’’;

(4) in subsection (b) of section 310, by striking ‘‘section

1017’’ and inserting ‘‘sections 1020 and 14503’’; and

(5) in subsection (b) of section 311, by amending paragraphs

(1) through (6) to read as follows:

‘‘(1) Title I of the Elementary and Secondary Education

Act of 1965.

‘‘(2) Part A of title II of the Elementary and Secondary

Education Act of 1965.

‘‘(3) Part A of title V of the Elementary and Secondary

Education Act of 1965.

‘‘(4) Title VIII of the Elementary and Secondary Education

Act of 1965.

‘‘(5) Part B of title IX of the Elementary and Secondary

Education Act of 1965.

‘‘(6) The Carl D. Perkins Vocational and Applied Technology

Education Act.’’.

(g) IMMIGRATION AND NATIONALITY ACT.—Subparagraph (D) of

section 245A(h)(4) of the Immigration and Nationality Act (8 U.S.C.

1255a(h)(4)(D)) is amended to read as follows:

‘‘(D) Title I of the Elementary and Secondary Education

Act of 1965.’’.

(h) NATIONAL AND COMMUNITY SERVICE ACT OF 1990.—The

National and Community Service Act of 1990 is amended—

(1) in section 101—

(A) in paragraph (8), by striking ‘‘section 1471(8) of the Elementary and Secondary Education Act of 1965 (20

U.S.C. 2891(8))’’ and inserting ‘‘section 14101 of the

Elementary and Secondary Education Act of 1965’’; (B) in paragraph (14), by striking ‘‘section 1471(12)

of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 2891(12))’’ and inserting ‘‘section 14101 of the

Elementary and Secondary Education Act of 1965; (C) in paragraph (22), by striking ‘‘section 1471(21)

of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 2891(21))’’ and inserting ‘‘section 14101 of the

Elementary and Secondary Education Act of 1965’’; and (D) in paragraph (28), by striking ‘‘section 1471(23)

of the Elementary and Secondary Education Act of 1965

(20 U.S.C. 2891(23))’’ and inserting ‘‘section 14101 of the

Elementary and Secondary Education Act of 1965’’;

(2) in subparagraph (B) of section 112(b)(2), by inserting ‘‘or its successor authority’’ after ‘‘(20 U.S.C. 2711 et seq.)’’;

and

(3) in subsection (b) of section 115A, by inserting ‘‘, as

in effect on the day preceding the date of enactment of the

Improving America’s Schools Act of 1994’’ after ‘‘(20 U.S.C.

2727(b))’’.

(i) REHABILITATION ACT OF 1973.—The Rehabilitation Act of

1973 is amended—

(1) in section 202(b)(4)(A)(i), by striking ‘‘paragraphs (8)

and (21), respectively, of section 1471 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 2891 (8) and (21))’’

and inserting ‘‘section 14101 of the Elementary and Secondary

Education Act of 1965’’; and
H. R. 6—512

(2) in subparagraph (B) of section 504(b)(2), by striking

‘‘section 1471(12)’’ and inserting ‘‘section 14101’’.

(j) SCHOOL-TO-WORK OPPORTUNITIES ACT OF 1994.—The Schoolto-Work Opportunities Act of 1994 is amended—

(1) in paragraph (15) of section 4, by striking ‘‘section

602(17)’’ and inserting ‘‘section 602(a)(17)’’; and

(2) in subsection (b) of section 502, by amending paragraphs

(1) through (6) to read as follows:

‘‘(1) title I of the Elementary and Secondary Education

Act of 1965;

‘‘(2) part A of title II of the Elementary and Secondary

Education Act of 1965;

‘‘(3) part A of title V of the Elementary and Secondary

Education Act of 1965;

‘‘(4) part B of title IX of the Elementary and Secondary

Education Act of 1965;

‘‘(5) title XIII of the Elementary and Secondary Education

Act of 1965; and

‘‘(6) the Carl D. Perkins Vocational and Applied Technology

Education Act.’’.

(k) SOCIAL SECURITY ACT.—Paragraph (7) of section 402(g) of

the Social Security Act (42 U.S.C. 602(g)(7)) is amended by striking

‘‘chapter 1 of the Education Consolidation and Improvement Act

of 1981’’ and inserting ‘‘title I of the Elementary and Secondary

Education Act of 1965’’.

(l) STATE DEPENDENT CARE DEVELOPMENT GRANTS ACT.—Section 670G of the State Dependent Care Development Grants Act

(42 U.S.C. 9877) is amended—

(1) in paragraph (6), by striking ‘‘section 198(a)(10)’’ and

inserting ‘‘section 14101 of the Elementary and Secondary Education Act of 1965’’; and

(2) in paragraph (11), by striking ‘‘section 198(a)(17)’’ and

inserting ‘‘section 14101’’.

(m) TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.—The Tribally Controlled Schools Act of 1988 is amended— (1) in subparagraph (C) of section 5204(a)(3), by striking

‘‘chapter 1 of’’; and

(2) in section 5205—

(A) in subparagraph (A) of subsection (a)(3), by striking

‘‘chapter 1 of’’; and

(B) in subsection (b)—

(i) in subparagraph (A) of paragraph (2), by striking ‘‘chapter 1 of’’; and (ii) in clause (i) of paragraph (3)(A), by striking

‘‘chapter 1 of’’.

TITLE IV—NATIONAL EDUCATION

STATISTICS

SEC. 401. SHORT TITLE.

This title may be cited as the ‘‘National Education Statistics

Act of 1994’’.

SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.

(a) FINDINGS.—The Congress finds that—
H. R. 6—513

(1) a Department of Education was established in 1867

‘‘for the purpose of collecting such statistics and facts as shall

show the condition and progress of education in the several

States and territories, and of diffusing such information respecting the organization and management of schools and school

systems and methods of teaching as shall aid the people of

the United States in the establishment and maintenance of

efficient school systems, and otherwise promote the cause of

education throughout the United States’’;

(2) today, while the role of the current Department of

Education is much broader, the National Center for Education

Statistics within the Office of Educational Research and

Improvement continues to perform those crucial original purposes; and

(3) looking to the 21st century, the National Center for

Education Statistics must be able to design and undertake,

effectively and efficiently, statistical activities that will aid

in the reform of the Nation’s educational systems.

(b) PURPOSE.—It is the purpose of this title to ensure the

continuation of an effective mechanism for collecting and reporting

statistics and information showing the condition and progress of

education in the United States and other nations in order to promote

and accelerate the improvement of American education.

(c) DEFINITIONS.—For the purpose of this title and unless otherwise specified—

(1) the term ‘‘Assistant Secretary’’ means the Assistant

Secretary for Educational Research and Improvement established under section 202(b)(1)(E) of the Department of Education Organization Act;

(2) the term ‘‘Department’’ means the Department of Education;

(3) the term ‘‘institution of higher education’’ has the same

meaning given such term in section 1201(a) of the Higher

Education Act of 1965;

(4) the term ‘‘local educational agency’’ has the same meaning given such term in section 14101 of the Elementary and

Secondary Education Act of 1965;

(5) the term ‘‘Secretary’’ means the Secretary of Education;

(6) the term ‘‘State educational agency’’ has the same meaning given such term in section 14101 of the Elementary and

Secondary Education Act of 1965; and

(7) the terms ‘‘State’’ and ‘‘United States’’—

(A) other than for the purpose of section 411, mean

each of the 50 States, the District of Columbia, and the

Commonwealth of Puerto Rico; and

(B) for the purpose of section 411, have the same

meaning given such terms in subparagraph (A), except

that such terms include Guam, American Samoa, the Virgin

Islands, the Commonwealth of the Northern Mariana

Islands, the Republic of the Marshall Islands, the Federated

States of Micronesia, and Palau.

SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.

(a) ESTABLISHMENT.—There is established, within the Office

of Educational Research and Improvement established under section

208 of the Department of Education Organization Act, a National
H. R. 6—514

Center for Education Statistics (hereafter in this title referred to

as the ‘‘Center’’).

(b) COMMISSIONER AND ASSOCIATE COMMISSIONERS.—

(1) COMMISSIONER.—The Center shall be headed by a

Commissioner of Education Statistics (hereafter in this title

referred to as the ‘‘Commissioner’’) who shall be appointed

by the President, by and with the advice and consent of the

Senate, and who shall—

(A) have substantial knowledge of programs assisted

by the Center;

(B) be paid in accordance with section 5315 of title

5, United States Code; and

(C) serve for a term of four years, with the terms

to expire every fourth June 21, beginning in 1995.

(2) ASSOCIATE COMMISSIONERS.—The Commissioner may

appoint such Associate Commissioners as the Commissioner

determines are necessary and appropriate.

SEC. 404. DUTIES OF THE CENTER.

(a) DUTIES.—The duties of the Center are to collect, analyze,

and disseminate statistics and other information related to education in the United States and in other nations, including—

(1) collecting, acquiring, compiling (where appropriate, on

a State by State basis), and disseminating full and complete

statistics on the condition and progress of education, at the

preschool, elementary, secondary, and postsecondary levels in

the United States, including data on—

(A) State and local education reform activities;

(B) student achievement at all levels of education;

(C) secondary school completions, dropouts, and adult

literacy; (D) educational access to and opportunity for postsecondary education, including data on financial aid to

postsecondary students; (E) teaching, including data on course-taking, instruction, the conditions of the education workplace, and the

supply of, and demand for, teachers, which may include

data on the proportions of women and men, cross-tabulated

by race or ethnicity, teaching in subjects in which such

individuals have been historically underrepresented; (F) the learning and teaching environment, including

data on libraries;

(G) the incidence, frequency, seriousness, and nature

of violence affecting students, school personnel, and other

individuals participating in school activities, as well as

other indices of school safety;

(H) the financing and management of education,

including data on revenues and expenditures; and

(I) the social and economic status of children;

(2) conducting and publishing reports and analyses of the

meaning and significance of such statistics;

(3) conducting longitudinal studies, as well as regular and

special surveys and data collections, necessary to report on

the condition and progress of education;

(4) collecting, analyzing, cross-tabulating, and reporting,

to the extent feasible, so as to provide information by gender,

race, socioeconomic status, limited-English proficiency, and
H. R. 6—515

other population characteristics when such disaggregated

information would facilitate educational and policy

decisionmaking;

(5) assisting public and private educational agencies,

organizations, and institutions in improving and automating

statistical and data collection activities; and

(6) acquiring and disseminating data on educational activities and student achievement in the United States compared

with foreign nations.

(b) TRAINING PROGRAM.—The Commissioner may establish a

program to train employees of public and private educational agencies, organizations, and institutions in the use of the Center’s standard statistical procedures and concepts and may establish a fellows

program to appoint such employees as temporary fellows at the

Center in order to assist the Center in carrying out its duties.

SEC. 405. PERFORMANCE OF DUTIES.

(a) GRANTS, CONTRACTS, AND COOPERATIVE AGREEMENTS.—

(1) IN GENERAL.—In carrying out the Commissioner’s duties

under this title, the Commissioner may award grants, and

enter into contracts and cooperative agreements.

(2) DURATION.—Notwithstanding any other provision of

law, the grants, contracts, and cooperative agreements under

this section may be awarded, on a competitive basis, for a

period of not more than five years, and may be renewed at

the discretion of the Commissioner for an additional period

of not more than five years.

(b) GATHERING INFORMATION.—

(1) SAMPLING.—The Commissioner may use the statistical

method known as sampling to carry out the purpose of this

title.

(2) SOURCE OF INFORMATION.—The Commissioner may, as

the Commissioner considers appropriate, use information

collected—

(A) from States, local educational agencies, public and

private schools, preschools, institutions of higher education,

libraries, administrators, teachers, students, the general

public, and such other individuals, organizations, agencies,

and institutions as the Commissioner may consider appropriate; and

(B) by other offices within the Department

and by other Federal departments, agencies, and

instrumentalities.

(3) COLLECTION.—The Commissioner may—

(A) enter into interagency agreements for the collection

of statistics;

(B) arrange with any agency, organization, or institution for the collection of statistics; and

(C) assign employees of the Center to any such agency,

organization, or institution to assist in such collection.

(4) TECHNICAL ASSISTANCE AND COORDINATION.—In order

to maximize the effectiveness of Federal efforts to serve the

educational needs of children and youth, the Commissioner

shall—

(A) provide technical assistance to Department offices

that gather data for statistical purposes; and
H. R. 6—516

(B) coordinate closely with other Department offices in the collection of data.

SEC. 406. REPORTS.

(a) REPORT ON THE CONDITION AND PROGRESS OF EDUCATION.— The Commissioner shall, not later than June 1, 1995, and each

succeeding June 1 thereafter, submit to the President and the

Congress a statistical report on the condition and progress of education in the United States.

(b) STATISTICAL REPORTS.—The Commissioner shall issue regu- lar statistical reports to the President and Congress on such education topics as the Commissioner determines to be appropriate. (c) SPECIAL REPORTS.—The Commissioner may, whenever the Commissioner considers it appropriate, issue special reports on

particular education topics.

SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.

(a) ESTABLISHMENT.—There is established, within the Center,

the Advisory Council on Education Statistics (hereafter in this

title referred to as the ‘‘Council’’).

(b) MEMBERSHIP.— (1) COMPOSITION.—The Council shall be composed of— (A) 18 voting members who are users of education data and who are appointed by the Secretary on the basis

of their experience and eminence within the field of education, of whom at least—

(i) three shall be practicing educators;

(ii) three shall be education policymakers;

(iii) three shall be professional statisticians;

(iv) three shall be education researchers; and

(v) three shall be experts in educational

measurement;

(B) three individuals representing the general public, appointed by the Secretary; (C) the Director of the Census and the Commissioner

of Labor Statistics, as voting, ex officio members; and (D) the Assistant Secretary and the Commissioner, as nonvoting, ex officio members.

(2) PRESIDING OFFICER.—The Commissioner shall appoint

the presiding officer of the Council from among the voting

members of the Council.

(3) TERMS.—Members of the Council appointed under para- graph (1)(A) shall be appointed for three-year terms except

that, in the case of initial appointments, the Secretary shall

make appointments for shorter terms to the extent necessary

to avoid the expiration of the terms of more than six members

in the same calendar year. (4) MEETINGS.—(A) The Council shall meet in public session

at the call of the presiding officer, except that the Council

shall meet—

(i) at least two times during each calendar year; and

(ii) in addition, whenever ten voting members request

in writing that the presiding officer call a meeting.

(B) Eleven voting members of the Council shall constitute

a quorum.

(5) SPECIAL RULE.—The Council shall—

(A) review general policies for the operation of the

Center and shall advise the Commissioner on standards
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to ensure that statistics and other information disseminated by the Center are of high quality and are not subject

to partisan political influence; and

(B) advise the Commissioner and the National Assessment Governing Board on technical and statistical matters

related to the National Assessment of Educational

Progress.

(6) STAFF.—The Council shall appoint a staff of not more

than six individuals with technical expertise to enable the

Council to carry out its duties.

SEC. 408. CONFIDENTIALITY.

(a) CONFIDENTIALITY STANDARDS.—

(1) IN GENERAL.—(A) The Center shall develop and enforce

standards designed to protect the confidentiality of persons

in the collection, reporting, and publication of data under this

title.

(B) This section shall not be construed to protect the confidentiality of information about institutions, organizations, and

agencies that receive grants from, or have contracts or cooperative agreements with, the Federal Government.

(2) PROHIBITION.—No person may—

(A) use any individually identifiable information furnished under this title for any purpose other than a statistical purpose;

(B) make any publication whereby the data furnished

by any particular person under this title can be identified;

or

(C) permit anyone other than the individuals authorized by the Commissioner to examine the individual

reports.

(b) ADMINISTRATION.— (1) IN GENERAL.—No department, bureau, agency, officer,

or employee of the Federal Government, except the Commissioner in carrying out the purposes of this title, shall require,

for any reason, copies of reports that have been filed under

this title with the Center or retained by any individual respondent. Copies of such reports that have been so filed or retained

with the Center or any of the Center’s employees, contractors,

or agents shall be immune from legal process, and shall not,

without the consent of the individual concerned, be admitted

as evidence or used for any purpose in any action, suit, or

other judicial or administrative proceeding. This paragraph

shall apply only to individually identifiable information (as

defined in paragraph (5)(A)).

(2) EMPLOYEE OR STAFF VIOLATIONS.—Whoever, being or

having been an employee or staff member of the Department,

having taken or subscribed the oath of office, or having sworn

to observe the limitations imposed by subsection (a)(2), knowingly publishes or communicates any individually identifiable

information (as defined in paragraph (5)(A)), the disclosure

of which is prohibited by subsection (a)(2), and that comes

into such employee or staff’s possession by reason of employment (or otherwise providing services) under this title, shall

be found guilty of a class E felony and imprisoned for not

more than five years, or fined as specified in section 3571

of title 18, United States Code, or both.
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(3) TEMPORARY STAFF.—The Commissioner may utilize temporary staff, including employees of Federal, State, or local

agencies or instrumentalities (including local educational agencies), and employees of private organizations to assist the Center in performing the Center’s responsibilities, but only if such

temporary staff are sworn to observe the limitations imposed

by this section.

(4) INFORMATION REQUIREMENTS.—No collection of information or data acquisition activity undertaken by the Center

shall be subject to any review, coordination, or approval procedure except as required by the Director of the Office of Management and Budget under the rules and regulations established

pursuant to chapter 35 of title 44, United States Code, except

such collection of information or data acquisition activity may

be subject to review or coordination if the Commissioner determines that such review or coordination is beneficial.

(5) DEFINITIONS.—For the purposes of this section—

(A) the term ‘‘individually identifiable information’’

means any record, response form, completed survey, or

aggregation thereof from which information about particular individuals may be revealed; and

(B) the term ‘‘report’’ means a response provided by

or about an individual to an inquiry from the Center and

does not include a statistical aggregation from which

individually identifiable information cannot be revealed.

(6) VIOLATIONS.—Any person who uses any data provided

by the Center, in conjunction with any other information or

technique, to identify any individual student, teacher, administrator, or other individual and who knowingly discloses, publishes, or uses such data for a purpose other than a statistical

purpose, or who otherwise violates subparagraph (A) or (B)

of subsection (a)(2), shall be found guilty of a class E felony

and imprisoned for not more than five years, or fined as specified in section 3571 of title 18, United States Code, or both.

(7) ACCESS TO REPORTS OR RECORDS.—Nothing in this section shall restrict the right of the Secretary, the Comptroller

General of the United States, the Director of the Congressional

Budget Office, and the Librarian of Congress, to gain access

to any reports or other records, including information identifying individuals, in the Center’s possession, except that the

same restrictions on disclosure that apply under paragraphs

(1) and (6) shall apply to such individuals.

SEC. 409. DISSEMINATION.

(a) GENERAL REQUESTS.—

(1) IN GENERAL.—The Center may furnish transcripts or

copies of tables and other statistical records and make special

statistical compilations and surveys for State and local officials,

public and private organizations, and individuals.

(2) COMPILATIONS.—The Center shall provide State and

local educational agencies opportunities to suggest the development of particular compilations of statistics, surveys, and analyses that would assist those educational agencies.

(b) CONGRESSIONAL REQUESTS.—The Center shall furnish such

special statistical compilations and surveys as the Congress may

request.
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(c) JOINT STATISTICAL PROJECTS.—The Secretary may engage in joint statistical projects related to the purposes of this title,

or other statistical purposes authorized by law, with nonprofit

organizations or agencies, and the cost of such projects shall be

shared equitably as determined by the Secretary. (d) FEES.— (1) IN GENERAL.—Statistical compilations and surveys under this section, other than those carried out pursuant to

subsections (b) and (c), may be made subject to the payment

of the actual or estimated cost of such work.

(2) FUNDS RECEIVED.—All funds received in payment for work or services described in this subsection may be used

to pay directly the costs of such work or services, to repay

appropriations that initially bore all or part of such costs,

or to refund excess sums when necessary.

(e) ACCESS.— (1) OTHER AGENCIES.—The Center shall, consistent with

section 408, cooperate with other Federal agencies having a

need for educational data in providing access to educational

data received by the Center. (2) INTERESTED PARTIES.—The Center shall, in accordance

with such terms and conditions as the Secretary may prescribe,

provide all interested parties, including public and private agencies and individuals, direct access to data collected by the

Center for the purposes of research and acquiring statistical

information.

SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

(a) IN GENERAL.—The Commissioner may establish one or more national cooperative education statistics systems for the purpose

of producing and maintaining, with the cooperation of the States,

comparable and uniform information and data on elementary and

secondary education, postsecondary education, and libraries, that

are useful for policymaking at the Federal, State, and local levels.

In carrying out this section, the Commissioner may provide technical assistance, and make grants and enter into contracts and

cooperative agreements. (b) MODEL DATA SYSTEM.—The Commissioner, working through the cooperative education statistics system, shall study, design,

and pilot a model data system that will yield information about

spending for administration at the school and local education agency

levels.

SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

(a) ESTABLISHMENT.—The Commissioner shall, with the advice

of the National Assessment Governing Board established under

section 412, and with the technical assistance of the Advisory

Council established under section 407, carry out, through grants,

contracts, or cooperative agreements with one or more qualified

organizations, or consortia thereof, a National Assessment of Educational Progress (hereafter in this title referred to as the ‘‘National

Assessment’’).

(b) PURPOSE; STATE ASSESSMENTS.—

(1) PURPOSE.—The purpose of the National Assessment

is to provide a fair and accurate presentation of educational

achievement in reading, writing, and the other subjects included

in the third National Education Goal, regarding student

achievement and citizenship. The Commissioner, in carrying
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out the National Assessment, shall use sampling techniques

that produce data that are representative on a national and

regional basis, and on a State basis pursuant to paragraph

(2). In addition, the Commissioner shall—

(A) collect and report data on a periodic basis, but

at least once every two years, on students at ages 9, 13,

and 17 and in grades 4, 8, and 12 in public and private

schools;

(B) report achievement data on a basis that ensures

valid and reliable trend reporting;

(C) include information on special groups, including,

whenever feasible, information collected, cross-tabulated,

analyzed, and reported by sex, race or ethnicity and socioeconomic status; and

(D) ensure that achievement data are made available

on a timely basis following official reporting, in a manner

that facilitates further analysis.

(2) STATE ASSESSMENTS.—(A)(i) The Commissioner, in

carrying out the National Assessment, may conduct State

assessments of student achievement in grades 4, 8, and 12.

(ii) Each such State assessment, in each subject area and

at each grade level, shall be conducted on a developmental

basis until the Commissioner determines, as the result of an

evaluation required by subsection (f), that such assessment

produces high quality data that are valid and reliable.

(B)(i) States wishing to participate in State assessments

shall enter into an agreement with the Secretary pursuant

to subsection (d)(2).

(ii) Such agreement shall contain information sufficient

to give States full information about the process for consensus

decisionmaking on objectives to be tested, and the standards

for sampling, test administration, test security, data collection,

validation, and reporting. (C) A participating State shall review and give permission

for the release of results from any test of its students administered as a part of a State assessment prior to the release

of such data. Refusal by a State to release its data shall

not restrict the release of data from other States that have

approved the release of such data.

(3) PROHIBITED DATA.—In carrying out the National Assessment, the Commissioner shall not collect any data that are

not directly related to the appraisal of educational performance,

achievement, and traditional demographic reporting variables,

or to the fair and accurate presentation of such information.

(4) TECHNICAL ASSISTANCE.—In carrying out the National

Assessment, the Commissioner may provide technical assistance to States, localities, and other parties.

(c) ACCESS.—

(1) PUBLIC ACCESS.—Except as provided in paragraph (2),

the public shall have access to all data, questions, and test

instruments of the National Assessment.

(2) PERSONALLY IDENTIFIABLE INFORMATION.—(A) The

Commissioner shall ensure that all personally identifiable

information about students, their educational performance, and

their families, and that information with respect to individual

schools, remains confidential, in accordance with section 552a

of title 5, United States Code.
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(B) Notwithstanding any other provision of law, the

Commissioner may decline to make available to the public

for a period, not to exceed ten years after initial use, cognitive

questions that the Commissioner intends to reuse in the future.

(d) PARTICIPATION.—

(1) NATIONAL AND REGIONAL.—Participation in the national

and regional assessments by State and local educational agencies shall be voluntary.

(2) STATE.—Participation in assessments made on a State

basis shall be voluntary. The Commissioner shall enter into

an agreement with any State that desires to carry out an

assessment for the State under this subsection. Each such

agreement shall contain provisions designed to ensure that

the State will—

(A) participate in the assessment; and

(B) pay from non-Federal sources the non-Federal

share of such participation.

(3) NON-FEDERAL SHARE.—(A) For each fiscal year, the nonFederal share for the purpose of paragraph (2)(B) shall be—

(i) the cost of conducting the assessment at the school

level for all public schools in the State sample;

(ii) the cost of coordination within the State; and

(iii) other reasonable costs specified by the Secretary

in the agreement described in paragraph (2), such as the

cost of analyzing and reporting the data.

(B) The non-Federal share of payments under this paragraph may be in cash or in kind, fairly valued.

(C) The agreement described in paragraph (2) shall describe

the manner in which the costs of administering the assessment

to private nonprofit schools included in the State sample will

be met.

(e) STUDENT PERFORMANCE LEVELS.— (1) PERFORMANCE LEVELS.—The National Assessment

Governing Board, established under section 412, shall develop

appropriate student performance levels for each age and grade

in each subject area to be tested under the National Assessment.

(2) DEVELOPMENT OF LEVELS.—(A) Such levels shall be—

(i) devised through a national consensus approach,

providing for active participation of teachers, curriculum

specialists, local school administrators, parents, and concerned members of the general public; (ii) used on a developmental basis until the Commissioner determines, as the result of an evaluation under

subsection (f), that such levels are reasonable, valid, and

informative to the public; and

(iii) updated as appropriate.

(B) In using such levels on a developmental basis, the

Commissioner and the Board shall ensure that reports that

use such levels do so in a manner that makes clear the developmental status of such levels.

(3) REPORTING.—After determining that such levels are

reasonable, valid, and informative to the public, as the result

of an evaluation under subsection (f), the Commissioner shall

use such levels or other methods or indicators for reporting

results of the National Assessment and State assessments.

(f) REVIEW OF NATIONAL AND STATE ASSESSMENTS.—
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(1) IN GENERAL.—(A) The Secretary shall provide for

continuing review of the National Assessment, State assessments, and student performance levels, by one or more nationally recognized evaluation organizations, such as the National

Academy of Education and the National Academy of Sciences.

(B) Such continuing review shall address—

(i) whether each developmental State assessment is

properly administered, produces high quality data that are

valid and reliable, and produces data on student achievement that are not otherwise available to the State (other

than data comparing participating States to each other

and the Nation); and

(ii) whether developmental student performance levels

are reasonable, valid, and informative to the public.

(2) REPORT.—The Secretary shall report to the Congress,

the President, and the Nation on the findings and recommendations of such reviews.

(3) USE OF FINDINGS AND RECOMMENDATIONS.—The

Commissioner shall consider the findings and recommendations

of such reviews in designing the competition to select the

organization, or organizations, through which the Commissioner carries out the National Assessment.

(g) COVERAGE AGREEMENTS.—

(1) DEPARTMENT OF DEFENSE SCHOOLS.—The Secretary and

the Secretary of Defense may enter into an agreement, including such terms as are mutually satisfactory, to include in

the National Assessment elementary and secondary schools

operated by the Department of Defense. (2) BUREAU OF INDIAN AFFAIRS SCHOOLS.—The Secretary

and the Secretary of the Interior may enter into an agreement,

including such terms as are mutually satisfactory, to include

in the National Assessment schools for Indian children operated

or supported by the Bureau of Indian Affairs.

SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.

(a) ESTABLISHMENT.—There is established the National Assessment Governing Board (hereafter in this title referred to as the

‘‘Board’’), which shall formulate policy guidelines for the National

Assessment.

(b) MEMBERSHIP.— (1) APPOINTMENT AND COMPOSITION.—The Board shall be

appointed by the Secretary and be composed of— (A) two Governors, or former Governors, who shall

not be members of the same political party; (B) two State legislators, who shall not be members

of the same political party;

(C) two chief State school officers;

(D) one superintendent of a local educational agency;

(E) one member of a State board of education;

(F) one member of a local board of education;

(G) three classroom teachers representing the grade

levels at which the National Assessment is conducted;

(H) one representative of business or industry;

(I) two curriculum specialists;

(J) three testing and measurement experts, who shall

have training and experience in the field of testing and

measurement;
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(K) one nonpublic school administrator or policymaker;

(L) two school principals, of whom one shall be an

elementary school principal and one shall be a secondary

school principal; and

(M) four additional members who are representatives

of the general public, including parents.

(2) ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH.—

The Assistant Secretary for Educational Research and Improvement shall serve as an ex officio, nonvoting member of the

Board.

(3) SPECIAL RULE.—The Secretary and the Board shall

ensure at all times that the membership of the Board reflects

regional, racial, gender, and cultural balance and diversity

and that the Board exercises its independent judgment, free

from inappropriate influences and special interests.

(c) TERMS.—

(1) IN GENERAL.—Terms of service of members of the Board

shall be staggered and may not exceed a period of 3 years,

as determined by the Secretary.

(2) SERVICE LIMITATION.—Members of the Board may serve

not more than two terms.

(3) CHANGE OF STATUS.—A member of the Board who

changes status under subsection (b) during the term of the

appointment of the member may continue to serve as a member

until the expiration of such term.

(d) VACANCIES.—

(1) IN GENERAL.—(A) The Secretary shall appoint new members to fill vacancies on the Board from among individuals

who are nominated by organizations representing the type of

individuals described in subsection (b)(1) with respect to which

the vacancy exists.

(B) Each organization submitting nominations to the Secretary with respect to a particular vacancy shall nominate

for such vacancy six individuals who are qualified by experience

or training to fill the particular Board vacancy.

(C) The Secretary’s appointments shall maintain the composition, diversity, and balance of the Board required under

subsection (b).

(2) ADDITIONAL NOMINATIONS.—The Secretary may request

that each organization described in paragraph (1)(A) submit

additional nominations if the Secretary determines that none

of the individuals nominated by such organization have appropriate knowledge or expertise.

(e) DUTIES.—

(1) IN GENERAL.—In carrying out its functions under this

section the Board shall—

(A) select subject areas to be assessed (consistent with

section 411(b)(1));

(B) develop appropriate student performance levels as

provided in section 411(e);

(C) develop assessment objectives and test specifications through a national consensus approach which

includes the active participation of teachers, curriculum

specialists, local school administrators, parents, and concerned members of the public;
H. R. 6—524

(D) design the methodology of the assessment, in consultation with appropriate technical experts, including the

Advisory Council established under section 407;

(E) develop guidelines for reporting and disseminating

results;

(F) develop standards and procedures for interstate,

regional, and national comparisons; and

(G) take appropriate actions needed to improve the

form and use of the National Assessment.

(2) DELEGATION.—The Board may delegate any of the

Board’s procedural and administrative functions to its staff.

(3) COGNITIVE ITEMS.—The Board shall have final authority

on the appropriateness of cognitive items.

(4) PROHIBITION AGAINST BIAS.—The Board shall take steps

to ensure that all items selected for use in the National Assessment are free from racial, cultural, gender, or regional bias.

(5) TECHNICAL.—In carrying out the duties required by

paragraph (1), the Board may seek technical advice, as appropriate, from the Commissioner and the Advisory Council on

Education Statistics and other experts.

(6) REPORT.—Not later than 90 days after an evaluation

of the student performance levels under section 411(e), the

Board shall make a report to the Secretary, the Committee

on Education and Labor of the House of Representatives, and

the Committee on Labor and Human Resources of the Senate

describing the steps the Board is taking to respond to each

of the recommendations contained in such evaluation.

(f) PERSONNEL.— (1) IN GENERAL.—In the exercise of its responsibilities,

the Board shall be independent of the Secretary and the other

offices and officers of the Department.

(2) STAFF.—(A) The Secretary may appoint, at the request

of the Board, such staff as will enable the Board to carry

out its responsibilities.

(B) Such appointments may include, for terms not to exceed

three years and without regard to the provisions of title 5,

United States Code, governing appointments in the competitive

service, not more than six technical employees who may be

paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification

and General Schedule pay rates.

(g) COORDINATION.—The Commissioner and the Board shall

meet periodically— (1) to ensure coordination of their duties and activities

relating to the National Assessment; and

(2) for the Commissioner to report to the Board on the

Department’s actions to implement the decisions of the Board.

(h) ADMINISTRATION.—Only sections 10, 11, and 12 of the Federal Advisory Committee Act shall apply with respect to the Board.

SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated

$65,000,000 for fiscal year 1995 and such sums as may be necessary

for each of the four succeeding fiscal years to carry out this title

(other than sections 411 and 412).

(b) NATIONAL ASSESSMENT.—There are authorized to be appropriated $35,000,000 for fiscal year 1995 and such sums as may
H. R. 6—525

be necessary for each of the fiscal years 1996 and 1997 to carry

out section 411.

(c) GOVERNING BOARD.—There are authorized to be appropriated $3,000,000 for fiscal year 1995 and such sums as may

be necessary for each of the fiscal years 1996 and 1997 to carry

out section 412.

TITLE V—MISCELLANEOUS PROVISIONS

PART A—ALBERT EINSTEIN DISTINGUISHED

EDUCATOR FELLOWSHIP ACT

SEC. 511. SHORT TITLE.

This part may be cited as the ‘‘Albert Einstein Distinguished

Educator Fellowship Act of 1994’’.

SEC. 512. FINDINGS.

The Congress finds that—

(1) the Department of Energy has unique and extensive

mathematics and science capabilities that contribute to mathematics and science education programs throughout the Nation;

(2) a need exists to increase understanding, communication,

and cooperation between the Congress, the Department of

Energy, other Federal agencies, and the mathematics and

science education community;

(3) elementary and secondary school mathematics and

science teachers can provide practical insight to the legislative

and executive branches in establishing and operating education

programs; and

(4) a pilot program that placed elementary and secondary

school mathematics and science teachers in professional staff

positions in the Senate and the House of Representatives has

proven successful and demonstrated the value of expanding

the program.

SEC. 513. PURPOSE; DESIGNATION.

(a) PURPOSE.—The purpose of this part is to establish within

the Department of Energy a national fellowship program for

elementary and secondary school mathematics and science teachers. (b) DESIGNATION.—A recipient of a fellowship under this part

shall be known as an ‘‘Albert Einstein Fellow’’.

SEC. 514. DEFINITIONS.

As used in this part—

(1) the term ‘‘elementary school’’ has the meaning provided

by section 14101 of the Elementary and Secondary Education

Act of 1965;

(2) the term ‘‘local educational agency’’ has the meaning

provided by section 14101 of the Elementary and Secondary

Education Act of 1965;

(3) the term ‘‘secondary school’’ has the meaning provided

by section 14101 of the Elementary and Secondary Education

Act of 1965; and

(4) the term ‘‘Secretary’’ means the Secretary of Energy.

SEC. 515. FELLOWSHIP PROGRAM.

(a) IN GENERAL.—
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(1) ESTABLISHMENT.—The Secretary shall establish the

Albert Einstein Distinguished Educator Fellowship Program

(hereafter in this part referred to as the ‘‘Program’’) to provide

12 elementary or secondary school mathematics or science

teachers with fellowships in each fiscal year in accordance

with this part.

(2) ORDER OF PRIORITY.—The Secretary may reduce the

number of fellowships awarded under this part for any fiscal

year in which the amount appropriated for the Program is

insufficient to support 12 fellowships. If the number of fellowships awarded under this part is reduced for any fiscal year,

then the Secretary shall award fellowships based on the following order of priority:

(A) Three fellowships in the Department of Energy.

(B) Two fellowships in the Senate.

(C) Two fellowships in the House of Representatives.

(D) One fellowship in each of the following entities:

(i) The Department of Education.

(ii) The National Institutes of Health.

(iii) The National Science Foundation.

(iv) The National Aeronautics and Space

Administration.

(v) The Office of Science and Technology Policy.

(3) TERMS OF FELLOWSHIPS.—Each fellowship awarded

under this part shall be awarded for a period of ten months

that, to the extent practicable, coincide with the academic year.

(4) ELIGIBILITY.—To be eligible for a fellowship under this

part, an elementary or secondary school mathematics or science

teacher must demonstrate—

(A) that such teacher would bring unique and valuable

contributions to the Program; (B) that such teacher is recognized for excellence in

mathematics or science education; and

(C)(i) a sabbatical leave from teaching will be granted

in order to participate in the Program; or (ii) the teacher will return to a teaching position comparable to the position held prior to participating in the

Program. (b) ADMINISTRATION.—The Secretary shall— (1) provide for the development and administration of an

application and selection process for fellowships under the Program, including a process whereby final selections of fellowship

recipients are made in accordance with subsection (c);

(2) provide for the publication of information on the Program in appropriate professional publications, including an

invitation for applications from teachers listed in the directories

of national and State recognition programs;

(3) select from the pool of applicants 12 elementary and

secondary school mathematics teachers and 12 elementary and

secondary school science teachers;

(4) develop a program of orientation for fellowship recipients under this part; and

(5) not later than August 31 of each year in which fellowships are awarded, prepare and submit an annual report and

evaluation of the Program to the appropriate Committees of

the Senate and the House of Representatives.

(c) SELECTION.—
H. R. 6—527

(1) IN GENERAL.—The Secretary shall arrange for the 24

semifinalists to travel to Washington, D.C., to participate in

interviews in accordance with the selection process described

in paragraph (2).

(2) FINAL SELECTION.—(A) Not later than May 1 of each

year preceding each year in which fellowships are to be

awarded, the Secretary shall select and announce the names

of the fellowship recipients.

(B) The Secretary shall provide for the development and

administration of a process to select fellowship recipients from

the pool of semifinalists as follows:

(i) The Secretary shall select three fellowship recipients

who shall be assigned to the Department of Energy.

(ii) The Majority Leader of the Senate and the Minority

Leader of the Senate, or their designees, shall each select

a fellowship recipient who shall be assigned to the Senate.

(iii) The Speaker of the House of Representatives and

the Minority Leader of the House of Representatives, or

their designees, shall each select a fellowship recipient

who shall be assigned to the House of Representatives.

(iv) Each of the following individuals, or their designees, shall select one fellowship recipient who shall be

assigned within the department, office, agency, or institute

such individual administers:

(I) The Secretary of Education.

(II) The Director of the National Institutes of

Health.

(III) The Director of the National Science

Foundation.

(IV) The Administrator of the National Aeronautics

and Space Administration.

(V) The Director of the Office of Science and Technology Policy.

SEC. 516. FELLOWSHIP AWARDS.

(a) FELLOWSHIP RECIPIENT COMPENSATION.—Each recipient of

a fellowship under this part shall be paid during the fellowship

period at a rate of pay that shall not exceed the minimum annual

rate payable for a position under GS–13 of the General Schedule. (b) LOCAL EDUCATIONAL AGENCY.—The Secretary shall seek

to ensure that no local educational agency penalizes a teacher

who elects to participate in the Program.

SEC. 517. WASTE MANAGEMENT EDUCATION RESEARCH CONSORTIUM

(WERC).

(a) IN GENERAL.—The Secretary is authorized to establish a

partnership of Department of Energy laboratories, academic

institutions, and private sector industries to conduct environmentally-related education programs, including programs involving

environmentally conscious manufacturing and waste management

activities that have undergraduate and graduate educational training as a component.

SEC. 518. AUTHORIZATION OF APPROPRIATIONS.

(a) There are authorized to be appropriated for the Program

$700,000 for fiscal year 1995, and such sums as may be necessary

for each of the four succeeding fiscal years.
H. R. 6—528

(b) WERC PROGRAM.—There are authorized to be appropriated

for the WERC program under section 517 such sums as may be

necessary for fiscal year 1995 and each of the four succeeding

fiscal years.

PART B—COMMUNITY SCHOOL

PARTNERSHIPS

SEC. 521. SHORT TITLE.

This part may be cited as the ‘‘Community School Partnership

Act’’.

SEC. 522. FINDINGS.

The Congress finds that—

(1) the local community, when properly organized and challenged, is one of the best sources of academic support, motivation toward achievement, and financial resources for aspiring

postsecondary students;

(2) local communities, working to complement or augment

services currently being offered by area schools and colleges,

can raise the educational expectations and increase the rate

of postsecondary attendance of their youth by forming locally

based organizations that provide both academic support (including guidance, counseling, mentoring, tutoring, encouragement,

and recognition) and tangible, locally raised, effectively targeted, publicly recognized financial assistance;

(3) proven methods of stimulating these community efforts

can be promoted through Federal support for the establishment

of area program centers to organize and challenge community

efforts to develop educational incentives and support for local

students; and

(4) using Federal funds to leverage private contributions

to help students from low-income families attain educational

and career goals is an efficient and effective investment of

scarce taxpayer-provided resources.

SEC. 523. DEFINITIONS.

As used in this part:

(1) AREA PROGRAM CENTER.—The term ‘‘area program center’’ means an organization that— (A) is part of, responsible to, and overseen by, the

national organization; and (B) is staffed by professionals trained to create, develop,

and sustain local affiliated chapters in towns, cities, and

neighborhoods.

(2) LOCAL AFFILIATED CHAPTER.—The term ‘‘local affiliated

chapter’’ means an organization that—

(A) is a nonprofit organization that is described in

section 501(c)(3) of the Internal Revenue Code of 1986,

and exempt from taxation under section 501(a) of such

Code (or shall meet this criteria through affiliation with

the national organization described in paragraph (3));

(B) is formed for the purpose of providing educational

scholarships and academic support for residents of the

local community served by such organization;

(C) solicits broad-based community support in its academic support and fund-raising activities;
H. R. 6—529

(D) is broadly representative of the local community

in the structures of its volunteer-operated organization and

has a board of directors that includes leaders from local

neighborhood organizations and neighborhood residents,

such as school or college personnel, parents, students,

community agency representatives, and representatives of

the business community;

(E) awards scholarships without regard to age, sex,

marital status, race, creed, color, religion, national origin

or disability; and

(F) gives priority in awarding scholarships to students

from low-income families in the local community.

(3) NATIONAL ORGANIZATION.—The term ‘‘national organization’’ means an organization that—

(A) has the capacity to create, develop and sustain

local affiliated chapters;

(B) has the capacity to sustain newly created local

affiliated chapters in towns, cities, and neighborhoods

through ongoing training and support programs;

(C) is described in section 501(c)(3) of the Internal

Revenue Code of 1986, and exempt from taxation under

section 501(a) of such Code;

(D) is a publicly supported organization within the

meaning of section 170(b)(1)(A)(vi) of such Code;

(E) ensures that each of its local affiliated chapters

meet the criteria described in subparagraphs (C) and (D);

and

(F) has a program for or experience in cooperating

with secondary and postsecondary institutions in carrying

out its scholarship and academic support activities.

(4) HIGH-POVERTY AREA.—The term ‘‘high-poverty area’’

means a community with a higher percentage of children in

poverty than the national average of such percentage.

(5) STUDENTS FROM LOW-INCOME FAMILIES.—The term ‘‘students from low-income families’’ means students determined,

pursuant to part F of title IV of the Higher Education Act

of 1965, to be eligible for a Federal Pell Grant under subpart

1 of part A of title IV of such Act.

SEC. 524. PURPOSE; ENDOWMENT GRANT AUTHORITY.

(a) PURPOSE.—It is the purpose of this part to establish and

support area program centers to enable such centers to foster the

development of local affiliated chapters in high-poverty areas that

promote higher education goals for students from low-income families by—

(1) providing academic support, including guidance, counseling, mentoring, tutoring, and recognition; and

(2) providing scholarship assistance for the pursuit of postsecondary education.

(b) ENDOWMENT GRANT AUTHORITY.—From the funds appropriated pursuant to the authority of section 527, the Secretary

shall award an endowment grant, on a competitive basis, to a

national organization to enable such organization to support the

establishment or ongoing work of area program centers that foster

the development of local affiliated chapters in high-poverty areas

to improve high school graduation rates and postsecondary attend-
H. R. 6—530

ance through the provision of academic support services and scholarship assistance for the pursuit of postsecondary education.

SEC. 525. GRANT AGREEMENT AND REQUIREMENTS.

(a) IN GENERAL.—The Secretary shall award the endowment

grant described in section 524(b) pursuant to an agreement between

the Secretary and the national organization. Such agreement

shall—

(1) require the national organization to establish an endowment fund in the amount of the grant, the corpus of which

shall remain intact and the interest income from which shall

be used to support the activities described in paragraphs (2)

and (3);

(2) require the national organization to use 25 percent

of the interest income from the endowment fund in any fiscal

year to provide scholarships for students from low-income families, which scholarships shall be matched on a dollar-for-dollar

basis from funds raised by local affiliated chapters;

(3) require the national organization to use 75 percent

of the interest income from the endowment fund in any fiscal

year to support the establishment or ongoing work of area

program centers to enable such centers to work with local

communities to establish local affiliated chapters in high-poverty areas and provide ongoing technical assistance, training

workshops, and other activities to help ensure the ongoing

success of the local affiliated chapters;

(4) require the area program centers supported by the

national organization to give priority to establishing local affiliated chapters that serve high-poverty areas; (5) require the national organization to submit, in each

fiscal year in which such organization uses the interest from

the endowment fund, a report to the Secretary that contains— (A) a description of the programs and activities supported by the interest on the endowment fund; (B) the audited financial statement of the national

organization for the preceding fiscal year; (C) a plan for the programs and activities to be supported from the interest on the endowment fund during

the five succeeding fiscal years; (D) an evaluation of the programs and activities supported by the interest on the endowment fund as the Secretary may require; and (E) data indicating the number of students from lowincome families who received scholarships from local affiliated chapters, and the amounts of such scholarships;

(6) contain such assurances as the Secretary may require

with respect to the management and operation of the endowment fund;

(7) require that, in order to continue using the interest

from the endowment fund, the national organization will meet

the continuing eligibility requirements described in section 526;

and

(8) contain an assurance that if the Secretary determines

that such organization is not in substantial compliance with

the provisions of this part, then the national organization shall

pay to the Secretary an amount equal to the corpus of the

endowment fund plus any accrued interest on such fund that
H. R. 6—531

is available to the national organization on the date of such

determination.

(b) RETURNED FUNDS.—All funds returned to the Secretary pursuant to subsection (a)(8) shall be available to the Secretary

to carry out any scholarship or grant program assisted under title

IV of the Higher Education Act of 1965.

SEC. 526. CONTINUING ELIGIBILITY.

The national organization shall be eligible to continue to use the interest from the endowment fund in accordance with the provisions of this part in the third and each such succeeding fiscal

year in which such organization uses such interest only if the

local affiliated chapters associated with all area program centers

supported under this part distribute to students from low-income

families 80 percent of the total amount of funds raised by all

such chapters in such year.

SEC. 527. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $10,000,000 for fiscal

year 1996 to carry out this part.

PART C—1994 INSTITUTIONS

SEC. 531. SHORT TITLE.

This part may be cited as the ‘‘Equity in Educational Land- Grant Status Act of 1994’’.

SEC. 532. DEFINITION.

As used in this part, the term ‘‘1994 Institutions’’ means any one of the following colleges: (1) Bay Mills Community College.

(2) Blackfeet Community College.

(3) Cheyenne River Community College.

(4) D–Q University.

(5) Dullknife Memorial College.

(6) Fond Du Lac Community College.

(7) Fort Belknap Community College.

(8) Fort Berthold Community College.

(9) Fort Peck Community College.

(10) LacCourte Orielles Ojibwa Community College.

(11) Little Big Horn Community College.

(12) Little Hoop Community College.

(13) Nebraska Indian Community College.

(14) Northwest Indian College.

(15) Oglala Lakota College.

(16) Salish Kootenai College.

(17) Sinte Gleska University.

(18) Sisseton Wahpeton Community College.

(19) Standing Rock College.

(20) Stonechild Community College.

(21) Turtle Mountain Community College.

(22) Navajo Community College.

(23) United Tribes Technical College.

(24) Southwest Indian Polytechnic Institute.

(25) Institute of American Indian and Alaska Native Culture and Arts Development.

(26) Crownpoint Institute of Technology.

(27) Haskell Indian Junior College.
H. R. 6—532

(28) Leech Lake Tribal College.

(29) College of the Menominee Nation.

SEC. 533. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.

(a) IN GENERAL.—

(1) STATUS OF 1994 INSTITUTIONS.—Except as provided in

paragraph (2), 1994 Institutions shall be considered land-grant

colleges established for the benefit of agriculture and the

mechanic arts in accordance with the provisions of the Act

of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) (commonly

known as the First Morrill Act).

(2) 1994 INSTITUTIONS.—(A) 1994 Institutions shall not be

considered as land-grant colleges that are eligible to receive

funding under—

(i) the Act of March 2, 1887 (24 Stat. 440, chapter

314; 7 U.S.C. 361a et seq.);

(ii) the Act of May 8, 1914 (38 Stat. 373, chapter

79; 7 U.S.C. 343), except as provided under section 3(b)(3)

of such Act (as added by section 534(b)(1) of this part);

or

(iii) the Act of August 30, 1890 (26 Stat. 417, chapter

841; 7 U.S.C. 321 et seq.) (commonly known as the Second

Morrill Act).

(B) In lieu of receiving donations under the provisions

of the Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et

seq.) (commonly known as the First Morrill Act), relating to

the donations of public land or scrip for the endowment and

maintenance of colleges for the benefit of agriculture and the

mechanic arts, 1994 Institutions shall receive funding pursuant

to the authorization under subsection (b).

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $4,600,000 for each of fiscal years 1996 through

2000. Amounts appropriated pursuant to this section shall be held

and considered to have been granted to 1994 Institutions to establish an endowment pursuant to subsection (c).

(c) ENDOWMENT.— (1) IN GENERAL.—In accordance with this subsection, the

Secretary of the Treasury shall establish a 1994 Institutions

Endowment Fund (hereafter in this subsection referred to as

the ‘‘endowment fund’’). The Secretary may enter into such

agreements as are necessary to carry out this subsection. (2) DEPOSIT TO THE ENDOWMENT FUND.—The Secretary

shall deposit in the endowment fund any— (A) amounts made available by appropriations pursu- ant to subsection (b) (hereafter in this subsection referred

to as the ‘‘endowment fund corpus’’); and

(B) interest earned on the endowment fund corpus.

(3) INVESTMENTS.—The Secretary shall invest the endowment fund corpus and income in interest-bearing obligations

of the United States.

(4) WITHDRAWALS AND EXPENDITURES.—The Secretary may

not make a withdrawal or expenditure from the endowment

fund corpus. On the termination of each fiscal year, the Secretary shall withdraw the amount of the income from the

endowment fund for the fiscal year, and after making adjustments for the cost of administering the endowment fund,

distribute the adjusted income as follows:
H. R. 6—533

(A) 60 percent of the adjusted income shall be distributed among the 1994 Institutions on a pro rata basis.

The proportionate share of the adjusted income received

by a 1994 Institution under this subparagraph shall be

based on the Indian student count (as defined in section

390(3) of the Carl D. Perkins Vocational and Applied Technology Education Act (20 U.S.C. 2397h(3)) for each 1994

Institution for the fiscal year.

(B) 40 percent of the adjusted income shall be distributed in equal shares to the 1994 Institutions.

SEC. 534. APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—For fiscal year 1996, and for each fiscal

year thereafter, there are authorized to be appropriated to

the Department of the Treasury an amount equal to—

(A) $50,000; multiplied by

(B) the number of 1994 Institutions.

(2) PAYMENTS.—For each fiscal year, the Secretary of the

Treasury shall pay to the treasurer of each 1994 Institution

an amount equal to—

(A) the total amount made available by appropriations

pursuant to paragraph (1); divided by

(B) the number of 1994 Institutions.

(3) USE OF FUNDS; REQUIREMENTS.—The amounts authorized to be appropriated under this subsection shall be used

in the same manner as is prescribed for colleges under the

Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C.

321 et seq.) (commonly known as the Second Morrill Act),

and, except as otherwise provided in this subsection, the

requirements of such Act shall apply to 1994 Institutions.

(b) FUNDING.—Section 3 of the Act of May 8, 1914 (38 Stat.

373, chapter 79; 7 U.S.C. 343) is amended—

(1) in subsection (b), by adding at the end the following

new paragraph:

‘‘(3) There are authorized to be appropriated for the fiscal

year ending June 30, 1996, and for each fiscal year thereafter,

for payment on behalf of the 1994 Institutions (as defined

in section 532 of the Equity in Educational Land-Grant Status

Act of 1994), $5,000,000 for the purposes set forth in section

2. Such sums shall be in addition to the sums appropriated

for the several States and Puerto Rico, the Virgin Islands,

and Guam under the provisions of this section. Such sums

shall be distributed on the basis of a competitive application

process to be developed and implemented by the Secretary

and paid by the Secretary to State institutions established

in accordance with the provisions of the Act of July 2, 1862

(12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.) (commonly

known as the First Morrill Act) (other than 1994 Institutions)

and administered by such institutions through cooperative

agreements with 1994 Institutions in the States of the 1994

Institutions in accordance with regulations that the Secretary

shall adopt.’’;

(2) by redesignating subsection (f) as subsection (g); and

(3) by inserting after subsection (e) the following new

subsection:
H. R. 6—534

‘‘(f) There shall be no matching requirement for funds made

available pursuant to subsection (b)(3).’’.

SEC. 535. INSTITUTIONAL CAPACITY BUILDING GRANTS.

(a) DEFINITIONS.—As used in this section:

(1) FEDERAL SHARE.—The term ‘‘Federal share’’ means, with

respect to a grant awarded under subsection (b), the share

of the grant that is provided from Federal funds.

(2) NON-FEDERAL SHARE.—The term ‘‘non-Federal share’’

means, with respect to a grant awarded under subsection (b),

the matching funds paid with funds other than funds referred

to in paragraph (1), as determined by the Secretary.

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Agriculture.

(b) IN GENERAL.—

(1) INSTITUTIONAL CAPACITY BUILDING GRANTS.—For each

of fiscal years 1996 through 2000, the Secretary shall make

two or more institutional capacity building grants to assist

1994 Institutions with constructing, acquiring, and remodeling

buildings, laboratories, and other capital facilities (including

fixtures and equipment) necessary to conduct instructional

activities more effectively in agriculture and sciences.

(2) REQUIREMENTS FOR GRANTS.—The Secretary shall make

grants under this section—

(A) on the basis of a competitive application process

under which appropriate officials of 1994 Institutions may

submit applications to the Secretary in such form and

manner as the Secretary may prescribe; and

(B) in such manner as to ensure geographic diversity

with respect to the 1994 Institutions that are the subject

of the grants.

(3) DEMONSTRATION OF NEED.—The Secretary shall require,

as part of an application for a grant under this subsection,

a demonstration of need. The Secretary may only award a

grant under this subsection to an applicant that demonstrates

a failure to obtain funding for a project after making a reasonable effort to otherwise obtain the funding. (4) PAYMENT OF NON-FEDERAL SHARE.—A grant awarded

under this subsection shall be made only if the recipient of

the grant pays a non-Federal share in an amount specified

by the Secretary.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Department of Agriculture to carry out

this section, $1,700,000 for each of fiscal years 1996 through 2000.

PART D—WORKERS TECHNOLOGY SKILL

DEVELOPMENT

SEC. 541. SHORT TITLE.

This part may be cited as the ‘‘Workers Technology Skill Development Act’’.

SEC. 542. FINDINGS.

The Congress finds and declares the following:

(1) In an increasingly competitive world economy, the

companies and nations that lead in the rapid development,

commercialization, and application of new and advanced tech-
H. R. 6—535

nologies, and in the high-quality, competitively priced production of goods and services, will lead in economic growth, employment, and high living standards.

(2) While the United States remains the world leader in

science and invention, it has not done well in rapidly making

the transition from achievement in its research laboratories

to high-quality, competitively priced production of goods and

services. This lag and the unprecedented competitive challenge

that the United States has faced from abroad have contributed

to a drop in real wages and living standards.

(3) Companies that are successfully competitive in the rapid

development, commercialization, application, and implementation of advanced technologies, and in the successful delivery

of goods and services, recognize that worker participation and

labor-management cooperation in the deployment, application,

and implementation of advanced workplace technologies make

an important contribution to high-quality, competitively priced

production of goods and services and in maintaining and

improving real wages for workers.

(4) The Federal Government has an important role in

encouraging and augmenting private sector efforts relating to

the development, application, manufacture, and deployment of

new and advanced technologies. The role should be to—

(A) work with private companies, States, worker

organizations, nonprofit organizations, and institutions of

higher education to ensure the development, application,

production, and implementation of new and advanced technologies to promote the improvement of workers’ skills,

wages, job security, and working conditions, and a healthy

environment;

(B) encourage worker and worker organization participation in the development, commercialization, evaluation,

selection, application, and implementation of new and

advanced technologies in the workplace; and (C) promote the use and integration of new and

advanced technologies in the workplace that enhance workers’ skills.

(5) In working with the private sector to promote the

technological leadership and economic growth of the United

States, the Federal Government has a responsibility to ensure

that Federal technology programs help the United States to

remain competitive and to maintain and improve living standards and to create and retain secure jobs in economically stable

communities.

SEC. 543. PURPOSES.

The purposes of this part are to—

(1) improve the ability of workers and worker organizations

to recognize, develop, assess, and improve strategies for successfully integrating workers and worker organizations into the

process of evaluating, selecting, and implementing advanced

workplace technologies, and advanced workplace practices in

a manner that creates and maintains stable well-paying jobs

for workers; and

(2) assist workers and worker organizations in developing

the expertise necessary for effective participation with employers in the development of strategies and programs for the
H. R. 6—536

successful evaluation, selection, and implementation of

advanced workplace technologies and advanced workplace practices through the provision of a range of education, training,

and related services.

SEC. 544. DEFINITIONS.

As used in this part: (1) ADVANCED WORKPLACE PRACTICES.—The term ‘‘advanced

workplace practices’’ means innovations in work organization

and performance, including high-performance workplace systems, flexible production techniques, quality programs, continuous improvement, concurrent engineering, close relationships

between suppliers and customers, widely diffused decisionmaking and work teams, and effective integration of production

technology, worker skills and training, and workplace organization, and such other characteristics as determined appropriate

by the Secretary of Labor, in consultation with the Secretary

of Commerce.

(2) ADVANCED WORKPLACE TECHNOLOGIES.—The term

‘‘advanced workplace technologies’’ includes— (A) numerically controlled machine tools, robots, auto- mated process control equipment, computerized flexible

manufacturing systems, associated computer software, and

other technology for improving the manufacturing and

industrial production of goods and commercial services,

which advance the state-of-the-art; or

(B) novel industrial and commercial techniques and

processes not previously generally available that improve

quality, productivity, and practices, including engineering

design, quality assurance, concurrent engineering, continuous process production technology, inventory management,

upgraded worker skills, communications with customers

and suppliers, and promotion of sustainable economic

growth.

(3) DEPARTMENT.—The term ‘‘Department’’ means the

Department of Labor. (4) NONPROFIT ORGANIZATION.—The term ‘‘nonprofit

organization’’ means a tax-exempt organization, as described

in paragraph (3), (4), or (5) of section 501(c) of the Internal

Revenue Code of 1986.

(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Labor.

(6) WORKER ORGANIZATION.—The term ‘‘worker organiza- tion’’ means a labor organization within the meaning of section

501(c)(5) of the Internal Revenue Code of 1986.

SEC. 545. GRANTS.

(a) IN GENERAL.—The Secretary of Labor, after consultation with the Secretary of Commerce, shall, to the extent appropriations

are available, award grants to eligible entities to carry out the

purposes described in section 543.

(b) ELIGIBILITY.—To be eligible to receive a grant under this

section, an entity shall—

(1) be a nonprofit organization, or a partnership consortium

of such organizations;

(2) prepare and submit to the Secretary an application

at such time, in such manner, and containing such information

as the Secretary may require, including a description of the
H. R. 6—537

activities that the entity will carry out using amounts received

under the grant; and

(3) agree to make available (directly or through donations

from public or private entities) non-Federal contributions

toward the costs of the activities to be conducted with grant

funds, in an amount equal to the amount required under subsection (d).

(c) USE OF AMOUNTS.—An entity shall use amounts received

under a grant awarded under this section to carry out the purposes

described in section 543 through activities such as—

(1) the provision of technical assistance to workers, worker

organizations, employers, State economic development agencies,

State industrial extension programs, Advanced Technology Centers, and National Manufacturing Technology Centers to identify advanced workplace practices and strategies that enhance

the effective evaluation, selection, and implementation of

advanced workplace technologies;

(2) the researching and identification of new and advanced

workplace technologies, and advanced workplace practices that

promote the improvement of workers’ skills, wages, working

conditions, and job security, that research the link between

advanced workplace practices and long-term corporate performance, and which are consistent with the needs of local communities and the need for a healthy environment; and

(3) the development and dissemination of training programs

and materials to be used for and by workers, worker organizations, employers, State economic development agencies, State

industrial extension programs, Advanced Technology Centers,

and National Manufacturing Technology Centers relating to

the activities and services provided pursuant to paragraphs

(1) and (2), and regarding successful practices including practices which address labor-management cooperation and the

involvement of workers in the design, development, and

implementation of workplace practices and technologies.

(d) TERMS OF GRANTS AND NON-FEDERAL SHARES.— (1) TERMS.—Grants awarded under this section shall be

for a term not to exceed six years. (2) NON-FEDERAL SHARE.—Amounts required to be contributed by an entity under subsection (b)(3) shall equal— (A) an amount equal to 15 percent of the amount

provided under the grant in the first year for which the

grant is awarded; (B) an amount equal to 20 percent of the amount

provided under the grant in the second year for which

the grant is awarded;

(C) an amount equal to 33 percent of the amount

provided under the grant in the third year for which the

grant is awarded;

(D) an amount equal to 40 percent of the amount

provided under the grant in the fourth year for which

the grant is awarded; and

(E) an amount equal to 50 percent of the amount

provided under the grant in the fifth and sixth years for

which the grant is awarded.

(e) EVALUATION.—The Department shall develop mechanisms

for evaluating the effectiveness of the use of a grant awarded

under this section in carrying out the purposes under section 543
H. R. 6—538

and, not later than two years after the date of enactment of this

Act, and every two years thereafter, prepare and submit a report

to Congress concerning such evaluation.

SEC. 546. IDENTIFICATION AND DISSEMINATION OF BEST PRACTICES.

(a) IN GENERAL.—

(1) INFORMATION.—The Secretary, in cooperation and after

consultation with the Secretary of Commerce, shall assist workers, worker organizations, and employers in successfully adopting advanced workplace technologies, and advanced workplace

practices by identifying, collecting, and disseminating information on best workplace practices and workplace assessment

tools, including—

(A) methods, techniques, and successful models of

labor-management cooperation and of worker and worker

organization participation in the development, evaluation,

selection, and implementation of new and advanced workplace technologies, and advanced workplace practices;

(B) methods, techniques, and successful models for the

design and implementation of new and advanced workplace

practices;

(C) methods, techniques, and successful models for the

design and implementation of advanced forms of work

organization; and

(D) methods, techniques, and successful models for the

assessment of worker skills and training needs relating

to the effective development, evaluation, selection, and

implementation of advanced workplace technologies, and

advanced workplace practices.

(2) CONTENTS.—Such information on best workplace practices shall include—

(A) summaries and analyses of best practice cases;

(B) criteria for assessment of current workplace practices; and

(C) information on the best available education and

training materials and services relating to the development,

implementation, and operation of systems utilizing new

and advanced workplace technologies, and advanced workplace practices.

(b) DISTRIBUTION.—The information and materials developed

under this section shall be distributed through an appropriate entity

designated by the Secretary of Commerce to the Regional Centers

for the Transfer of Manufacturing Technology, to the Manufacturing

Outreach Center, to other technology training entities, and directly

to others as determined appropriate by the Secretary of Labor

and the Secretary of Commerce.

SEC. 547. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL.—There are authorized to be appropriated to

carry out this part such sums as may be necessary for each of

the fiscal years 1995 through 1997.

(b) AVAILABILITY.—Amounts appropriated under subsection (a)

shall remain available until expended.
H. R. 6—539

PART E—MULTIETHNIC PLACEMENT

Subpart 1—Multiethnic Placement

SEC. 551. SHORT TITLE.

This subpart may be cited as the ‘‘Howard M. Metzenbaum

Multiethnic Placement Act of 1994’’.

SEC. 552. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that— (1) nearly 500,000 children are in foster care in the United

States;

(2) tens of thousands of children in foster care are waiting

for adoption;

(3) 2 years and 8 months is the median length of time

that children wait to be adopted;

(4) child welfare agencies should work to eliminate racial,

ethnic, and national origin discrimination and bias in adoption

and foster care recruitment, selection, and placement procedures; and

(5) active, creative, and diligent efforts are needed to recruit

foster and adoptive parents of every race, ethnicity, and culture

in order to facilitate the placement of children in foster and

adoptive homes which will best meet each child’s needs.

(b) PURPOSE.—It is the purpose of this subpart to promote

the best interests of children by— (1) decreasing the length of time that children wait to

be adopted;

(2) preventing discrimination in the placement of children

on the basis of race, color, or national origin; and

(3) facilitating the identification and recruitment of foster

and adoptive families that can meet children’s needs.

SEC. 553. MULTIETHNIC PLACEMENTS.

(a) ACTIVITIES.— (1) PROHIBITION.—An agency, or entity, that receives Federal assistance and is involved in adoption or foster care placements may not— (A) categorically deny to any person the opportunity

to become an adoptive or a foster parent, solely on the

basis of the race, color, or national origin of the adoptive

or foster parent, or the child, involved; or

(B) delay or deny the placement of a child for adoption

or into foster care, or otherwise discriminate in making

a placement decision, solely on the basis of the race, color,

or national origin of the adoptive or foster parent, or the

child, involved.

(2) PERMISSIBLE CONSIDERATION.—An agency or entity to

which paragraph (1) applies may consider the cultural, ethnic,

or racial background of the child and the capacity of the

prospective foster or adoptive parents to meet the needs of

a child of this background as one of a number of factors used

to determine the best interests of a child.

(3) DEFINITION.—As used in this subsection, the term

‘‘placement decision’’ means the decision to place, or to delay

or deny the placement of, a child in a foster care or an adoptive

home, and includes the decision of the agency or entity involved
H. R. 6—540

to seek the termination of birth parent rights or otherwise

make a child legally available for adoptive placement.

(b) EQUITABLE RELIEF.—Any individual who is aggrieved by an action in violation of subsection (a), taken by an agency or

entity described in subsection (a), shall have the right to bring

an action seeking relief in a United States district court of appropriate jurisdiction. (c) FEDERAL GUIDANCE.—Not later than 6 months after the

date of the enactment of this Act, the Secretary of Health and

Human Services shall publish guidance to concerned public and

private agencies and entities with respect to compliance with this

subpart. (d) DEADLINE FOR COMPLIANCE.— (1) IN GENERAL.—Except as provided in paragraph (2), an agency or entity that receives Federal assistance and is involved

with adoption or foster care placements shall comply with this

subpart not later than six months after publication of the

guidance referred to in subsection (c), or one year after the

date of enactment of this Act, whichever occurs first.

(2) AUTHORITY TO EXTEND DEADLINE.—If a State demonstrates to the satisfaction of the Secretary that it is necessary

to amend State statutory law in order to change a particular

practice that is inconsistent with this subpart, the Secretary

may extend the compliance date for the State a reasonable

number of days after the close of the first State legislative

session beginning after the date the guidance referred to in

subsection (c) is published.

(e) NONCOMPLIANCE DEEMED A CIVIL RIGHTS VIOLATION.—Noncompliance with this subpart is deemed a violation of title VI

of the Civil Rights Act of 1964. (f) NO EFFECT ON INDIAN CHILD WELFARE ACT OF 1978.—

Nothing in this section shall be construed to affect the application

of the Indian Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).

SEC. 554. REQUIRED RECRUITMENT EFFORTS FOR CHILD WELFARE

SERVICES PROGRAMS.

Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (7);

(2) by striking the period at the end of paragraph (8) and inserting ‘‘; and’’; and (3) by adding at the end the following:

‘‘(9) provide for the diligent recruitment of potential foster and adoptive families that reflect the ethnic and racial diversity

of children in the State for whom foster and adoptive homes

are needed.’’.

Subpart 2—Other Provision

SEC. 555. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.

(a) IN GENERAL.—Part A of title XI of the Social Security Act (42 U.S.C. 1301–1320b–13) is amended by inserting after section

1122 the following:

‘‘SEC. 1123. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.

‘‘In an action brought to enforce a provision of the Social Secu- rity Act, such provision is not to be deemed unenforceable because

of its inclusion in a section of the Act requiring a State plan
H. R. 6—541

or specifying the required contents of a State plan. This section

is not intended to limit or expand the grounds for determining

the availability of private actions to enforce State plan requirements

other than by overturning any such grounds applied in Suter v.

Artist M., 112 S. Ct. 1360 (1992), but not applied in prior Supreme

Court decisions respecting such enforceability; provided, however,

that this section is not intended to alter the holding in Suter

v. Artist M. that section 471(a)(15) of the Act is not enforceable

in a private right of action.

(b) APPLICABILITY.—The amendment made by subsection (a)

shall apply to actions pending on the date of the enactment of

this Act and to actions brought on or after such date of enactment.

PART F—MISCELLANEOUS

SEC. 561. BUDGET COMPLIANCE.

Any authority or requirement to make funds available under

this Act shall be effective only to the extent provided in appropriations Acts.

SEC. 562. DOCUMENTS TRANSMITTED TO CONGRESS.

In documents transmitted to Congress explaining the President’s budget request for the Special Education account, the Department of Education shall display amounts included in the request

to reflect the incorporation of the program for children with disabilities under part D of chapter 1 of title I of the Elementary and

Secondary Education Act of 1965 (as such part was in effect on

the day preceding the date of enactment of the Improving America’s

Schools Act of 1994).

SEC. 563. VOCATIONAL EDUCATION REGULATIONS.

(a) IN GENERAL.—Notwithstanding any other provision of law,

beginning on the date of enactment of this Act, and ending on

the date of enactment of an Act reauthorizing the Carl D. Perkins

Vocational and Applied Technology Education Act (20 U.S.C. 2301

et seq.) the Department of Education’s interpretation of the Carl

D. Perkins Vocational and Applied Technology Act relating to—

(1) the access or participation of members of special populations in vocational education, including the provision of

supplementary services and the cost of such services; and

(2) the conduct of local evaluations,

that are contained in the final regulations published in the Federal

Register on August 14, 1992, shall remain in effect.

(b) SPECIAL RULE.—The Secretary of Education may not issue

additional regulations concerning the final regulations described

in subsection (a).

SEC. 564. RATE OF PAY FOR THE DEPUTY DIRECTOR OF THE

NATIONAL INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH.

Notwithstanding section 202(c)(2) of the Rehabilitation Act of 1973 (29 U.S.C. 761a(c)(2)), the Secretary of Education is authorized

to compensate any individual appointed during calendar year 1994

to be the Deputy Director of the National Institute on Disability

and Rehabilitation Research at the rate of basic pay for a position

at ES–5 of the Senior Executive Service Schedule.
H. R. 6—542

SEC. 565. STUDY.

The Secretary of the Interior shall conduct a study, in consultation with the board of regents of the Haskell Indian Junior College

to evaluate the possible need for alternative institutional and

administrative systems at Haskell Indian Junior College to support

the transition of such college to a four year university. If the

study’s conclusions require legislation to be implemented, the study

shall be accompanied by appropriate draft legislation. Such study

shall be transmitted to the Committee on Indian Affairs of the

Senate and the Committee on Education and Labor of the House

of Representatives by June 1, 1995.

SEC. 566. THERAPEUTIC MODEL DEMONSTRATION SCHOOLS.

(a) AUTHORIZATION.—

(1) IN GENERAL.—The Secretary of the Interior, acting

through the Bureau of Indian Affairs, is authorized to establish

demonstration schools, based on the therapeutic model

described in this section, to provide services necessary to

achieve positive changes in the attitudes, behavior, and academic performance of Indian youth attending off-reservation

boarding schools.

(2) PURPOSE.—The purpose of the therapeutic model demonstration schools is—

(A) to provide a program, based on an annual written

plan, linking clinicians, counselors, and mental health

professionals with academic program personnel in a culturally sensitive residential program tailored to the particular needs of Indian students;

(B) to provide for a continued evaluation of the planning and implementation of the therapeutic model in the

designated schools; and (C) to determine what steps the Bureau of Indian

Affairs must take and what resources are required to transform existing off-reservation boarding schools to meet the

needs of chemically dependent, emotionally disturbed,

socially troubled, or other at-risk Indian youth who attend

such schools.

(b) LOCATION.—The Secretary shall initiate the therapeutic

model at two schools during school years 1994 through 1996, and

shall give priority to— (1) one school that is the recipient of a grant under section

5204 of the August F. Hawkins-Robert T. Stafford Elementary

and Secondary School Improvement Amendments of 1988 during the 1994–1995 school year; and (2) one school operated by the Bureau of Indian Affairs

during the 1995–1996 school year.

(c) SERVICES.—The demonstration schools shall provide an

integrated residential environment that may include—

(1) mental health services;

(2) education;

(3) recreation therapy;

(4) social service programs;

(5) substance abuse education and prevention; and

(6) other support services for aftercare.

(d) STAFFING.—The demonstration schools shall be staffed with

health and social service professionals, and educators, and may

include—
H. R. 6—543

(1) clinical psychologists;

(2) child psychologists;

(3) substance abuse counselors;

(4) social workers; and

(5) health educators.

(e) ENROLLMENT.—Notwithstanding any other provision of law,

the Secretary of the Interior may limit the enrollment at the demonstration schools.

(f) ASSISTANCE.—The Secretary is authorized to enter into

agreements with other organizations and agencies, including the

Indian Health Service, to carry out this section.

(g) REPORT.—Not later than July 31 of each year, the Secretary

of the Interior shall submit a report to the Committee on Indian

Affairs of the Senate and the Committee on Education and Labor

of the House of Representatives on the progress of the Department

of the Interior in the development of the demonstration schools.

SEC. 567. IMPACT AID WAIVER.

In carrying out section 14(c) of the Act of September 23, 1950

(Public Law 815, 81st Congress) (20 U.S.C. 644(c)) the Secretary

shall waive any amount of local effort in excess of $200,000 that

would otherwise be required under paragraphs (3) and (4) of such

section and any regulations issued thereunder, in awarding funds

to the Winona R–III School District, Missouri, with respect to

its application #MO–86–C–3601A36.

SEC. 568. APPLICATION OF THE ANTITRUST LAWS TO AWARD OF

NEED-BASED EDUCATIONAL AID.

(a) TEMPORARY EXEMPTION.—It shall not be unlawful under

the antitrust laws for 2 or more institutions of higher education

at which all students admitted are admitted on a need-blind basis,

to agree or attempt to agree— (1) to award such students financial aid only on the basis

of demonstrated financial need for such aid;

(2) to use common principles of analysis for determining

the need of such students for financial aid if the agreement

to use such principles does not restrict financial aid officers

at such institutions in their exercising independent professional

judgment with respect to individual applicants for such financial aid;

(3) to use a common aid application form for need-based

financial aid for such students if the agreement to use such

form does not restrict such institutions in their requesting

from such students, or in their using, data in addition to

the data requested on such form; or

(4) to exchange through an independent third party, before

awarding need-based financial aid to any of such students

who is commonly admitted to the institutions of higher education involved, data with respect to the student so admitted

and the student’s family relating to assets, income, expenses,

the number of family members, and the number of the student’s

siblings in college, if each of such institutions is permitted

to retrieve such data only once with respect to the student.

(b) LIMITATIONS.—Subsection (a) shall not apply with respect

to—

(1) any financial aid or assistance authorized by the Higher

Education Act of 1965 (20 U.S.C. 1001 et seq.); or
H. R. 6—544

(2) any contract, combination, or conspiracy with respect

to the amount or terms of any prospective financial aid award

to a specific individual.

(c) DEFINITIONS.—For purposes of this section—

(1) the term ‘‘alien’’ has the meaning given such term

in section 101(3) of the Immigration and Nationality Act (8

U.S.C. 1101(3));

(2) the term ‘‘antitrust laws’’ has the meaning given such

term in subsection (a) of the first section of the Clayton Act

(15 U.S.C. 12(a)), except that such term includes section 5

of the Federal Trade Commission Act (15 U.S.C. 45) to the

extent such section applies to unfair methods of competition;

(3) the term ‘‘institution of higher education’’ has the meaning given such term in section 1201(a) of the Higher Education

Act of 1965 (20 U.S.C. 1141(a));

(4) the term ‘‘lawfully admitted for permanent residence’’

has the meaning given such term in section 101(20) of the

Immigration and Nationality Act (8 U.S.C. 1101(20));

(5) the term ‘‘national of the United States’’ has the meaning given such term in section 101(22) of the Immigration

and Nationality Act (8 U.S.C. 1101(22));

(6) the term ‘‘on a need-blind basis’’ means without regard

to the financial circumstances of the student involved or the

student’s family; and

(7) the term ‘‘student’’ means, with respect to an institution

of higher education, a national of the United States or an

alien admitted for permanent residence who is admitted to

attend an undergraduate program at such institution on a

full-time basis.

(d) EXPIRATION.—Subsection (a) shall expire on September 30,

1997.

(e) RELATED AMENDMENTS.—The Higher Education Amendments of 1992 (Public Law 102–325) is amended—

(1) in the table of contents by striking the matter relating

to section 1544, and part F of title XV, of such Act; and

(2) by striking part F of title XV of such Act.

SEC. 569. DETERMINATION FOR FISCAL YEAR 1994.

Notwithstanding the proviso referring to section 3(d)(2)(B) of

Public Law 81–874 under the following heading ‘‘IMPACT AID’’

under title III of the Departments of Labor, Health and Human

Services and Education, and Related Agencies Appropriations Act

of 1994, or any provision of paragraph (2) of section 3(d) of such

Public Law which is consistent with this proviso, determinations

regarding the eligibility for an amount of payments under section

3(d)(2)(B) of such Public Law for fiscal year 1994 shall be made

on the basis of 1994 data, and related Department regulations
H. R. 6—545

in effect during fiscal year 1992 shall be used in the tabulation

of payments.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.