Union Calendar No. 325

103D CONGRESS

2D SESSION H. R. 6

[Report No. 103–425]

A BILL

To extend for six years the authorizations of approcertain other purposes. and Secondary Education Act of 1965, and for priations for the programs under the Elementary

FEBRUARY 16, 1994

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 325

103D CONGRESS

2D SESSION H. R. 6

[Report No. 103–425]

To extend for six years the authorizations of appropriations for the programs

under the Elementary and Secondary Education Act of 1965, and for

certain other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. KILDEE (for himself, Mr. FORD of Michigan, and Mr. GOODLING) introduced the following bill; which was referred to the Committee on Education and Labor

OCTOBER 22, 1993

Additional sponsors: Mrs. UNSOELD, Ms. BYRNE, Mr. GUTIERREZ, Mr. DICKEY, Mr. GENE GREEN of Texas, Mr. TRAFICANT, Mr. CLAY, Mr. MARTINEZ, Mr. JEFFERSON, Mr. SCOTT, Mr. ROMERO-BARCELO ́, Mr. PETERSON of Minnesota, Mr. DURBIN, Mr. PENNY, Mr. TOWNS, Mrs.

MALONEY, Mr. KLINK, Mrs. CLAYTON, Mr. LAFALCE, Mr. MINETA, Mr.

RANGEL, Mr. FROST, Mr. FILNER, Mr. HASTINGS, Mr. MILLER of California, Mr. PARKER, Mr. PAYNE of New Jersey, Miss COLLINS of Michigan, Mr. BLACKWELL, Mr. FAZIO, Mr. HUGHES, Mr. INSLEE, and Mr.

STUPAK

FEBRUARY 16, 1994

Additional sponsors: Mr. MCCLOSKEY, Mr. ENGEL, and Mr. MARKEY

FEBRUARY 16, 1994

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on January 5, 1993]
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A BILL

To extend for six years the authorizations of appropriations

for the programs under the Elementary and Secondary

Education Act of 1965, and for certain other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Improving America’s Schools Act of 1994’’.

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title.

Sec. 2. Effective dates; transition.

TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY

EDUCATION ACT OF 1965

Sec. 101. Amendments to the Elementary and Secondary Education Act of 1965.

‘‘Sec. 1. Short title.

‘‘TITLE I—IMPROVED EDUCATION FOR DISADVANTAGED CHILDREN

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

‘‘Sec. 1002. Authorization of appropriations.

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

‘‘SUBPART 1—BASIC PROGRAM REQUIREMENTS

‘‘Sec. 1111. State plans.

‘‘Sec. 1112. Local educational agency plans.

‘‘Sec. 1113. Eligible school attendance areas.

‘‘Sec. 1114. Schoolwide programs.

‘‘Sec. 1115. Targeted assistance schools.

‘‘Sec. 1116. Assessment and school and local educational agency improvement.

‘‘Sec. 1117. State assistance for school support and improvement.

‘‘Sec. 1118. Parental involvement.

‘‘Sec. 1119. Professional development.

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

‘‘Sec. 1121. Fiscal requirements.

‘‘SUBPART 2—ALLOCATIONS

‘‘Sec. 1122. Grants for the outlying areas and the Secretary of the Interior.

‘‘Sec. 1123. Allocations to States.

‘‘Sec. 1124. Basic grants to local educational agencies.
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‘‘Sec. 1124A. Concentration grants to local educational agencies.

‘‘Sec. 1125. Targeted grants to local educational agencies.

‘‘Sec. 1126. Special allocation procedures.

‘‘Sec. 1127. Carryover and waiver.

‘‘PART B—EVEN START FAMILY LITERACY PROGRAMS

‘‘Sec. 1201. Statement of purpose.

‘‘Sec. 1202. Program authorized.

‘‘Sec. 1203. State programs.

‘‘Sec. 1204. Uses of funds.

‘‘Sec. 1205. Program elements.

‘‘Sec. 1206. Eligible participants.

‘‘Sec. 1207. Applications.

‘‘Sec. 1208. Award of subgrants.

‘‘Sec. 1209. Evaluation.

‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

‘‘Sec. 1301. Program purpose.

‘‘Sec. 1302. Program authorized.

‘‘Sec. 1303. State allocations.

‘‘Sec. 1304. State applications; services.

‘‘Sec. 1305. Secretarial approval; peer review.

‘‘Sec. 1306. Comprehensive needs assessment and service-delivery plan; authorized activities.

‘‘Sec. 1307. Bypass.

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

‘‘Sec. 1309. Distance learning.

‘‘Sec. 1310. Definitions.

‘‘PART D—PREVENTION AND INTERVENTION SERVICES FOR DELINQUENT

YOUTH AND YOUTH AT RISK OF DROPPING OUT

‘‘Sec. 1401. Findings; purpose; program authorized.

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

‘‘SUBPART 1—STATE AGENCY PROGRAMS

‘‘Sec. 1403. Amount of allocation to State.

‘‘Sec. 1404. State plan.

‘‘Sec. 1405. Use of funds.

‘‘Sec. 1406. Institution-wide projects.

‘‘Sec. 1407. Three-year projects.

‘‘Sec. 1408. Transition services.

‘‘SUBPART 2—LOCAL AGENCY PROGRAMS

‘‘Sec. 1410. Programs operated by local educational agencies.

‘‘Sec. 1411. Program evaluations.

‘‘Sec. 1412. Definitions.

‘‘PART E—FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION

PROJECTS

‘‘Sec. 1501. Evaluations.

‘‘Sec. 1502. Demonstrations of innovative practices.

‘‘Sec. 1503. Innovative elementary school transition projects.
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‘‘PART F—GENERAL PROVISIONS

‘‘Sec. 1601. Federal regulations.

‘‘Sec. 1602. Coordination of Federal, State, and local administration.

‘‘Sec. 1603. State administration.

‘‘TITLE II—IMPROVING TEACHING AND LEARNING

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

‘‘Sec. 2101. Findings.

‘‘Sec. 2102. Purposes.

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

‘‘SUBPART 1—FEDERAL ACTIVITIES

‘‘Sec. 2111. Program authorized.

‘‘Sec. 2112. Authorized activities.

‘‘SUBPART 2—STATE AND LOCAL ACTIVITIES

‘‘Sec. 2121. Program authorized.

‘‘Sec. 2122. Allocation of funds.

‘‘Sec. 2123. Within-state allocations.

‘‘Sec. 2124. State applications.

‘‘Sec. 2125. State-level activities.

‘‘Sec. 2126. Local plan and application for improving teaching and learning.

‘‘Sec. 2127. Local cost sharing.

‘‘Sec. 2128. Local allocation of funds and allowable activities.

‘‘Sec. 2129. Higher education activities.

‘‘SUBPART 3—GENERAL PROVISIONS

‘‘Sec. 2131. Reporting and accountability.

‘‘Sec. 2132. Definitions.

‘‘PART B—TECHNOLOGY EDUCATION ASSISTANCE

‘‘SUBPART 1—ASSISTANCE TO STATE AND LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 2201. Short title.

‘‘Sec. 2202. Findings.

‘‘Sec. 2203. Statement of purpose.

‘‘Sec. 2204. Definitions.

‘‘Sec. 2205. In-State apportionment.

‘‘Sec. 2206. Elementary and secondary education programs.

‘‘Sec. 2207. Higher education programs.

‘‘Sec. 2208. Library and literacy programs.

‘‘Sec. 2209. State educational technology plan.

‘‘Sec. 2210. Local educational technology plan.

‘‘Sec. 2211. Federal administration.

‘‘Sec. 2212. Allocation of funds.

‘‘Sec. 2213. Authorization of appropriations.

‘‘SUBPART 2—RESEARCH, DEVELOPMENT, AND DEMONSTRATION OF

EDUCATIONAL TECHNOLOGY

‘‘Sec. 2214. Findings and purposes.
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‘‘Sec. 2215. Office of educational technology.

‘‘Sec. 2216. National long-range plan.

‘‘Sec. 2217. Federal leadership.

‘‘Sec. 2218. Authorization of appropriations.

‘‘SUBPART 3—STAR SCHOOLS PROGRAM

‘‘Sec. 2219. Findings.

‘‘Sec. 2220. Statement of purpose.

‘‘Sec. 2221. Program authorized.

‘‘Sec. 2222. Eligible entities.

‘‘Sec. 2223. Applications.

‘‘Sec. 2224. Leadership and evaluation activities.

‘‘Sec. 2225. Definitions.

‘‘SUBPART 4—DEVELOPMENT OF EDUCATIONAL TECHNOLOGY PRODUCTS

‘‘Sec. 2226. Educational technology product development.

‘‘PART C—LIBRARY MEDIA PROGRAM

‘‘Sec. 2231. Establishment of program.

‘‘Sec. 2232. Allocation to States.

‘‘Sec. 2233. State plans.

‘‘Sec. 2234. Distribution of allocation to local educational agencies.

‘‘Sec. 2235. Authorization of appropriations.

‘‘PART D—SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS

‘‘Sec. 2341. Findings.

‘‘Sec. 2342. Purpose.

‘‘Sec. 2343. Programs authorized.

‘‘Sec. 2344. Requirements of comprehensive assistance centers.

‘‘Sec. 2345. Duties of comprehensive assistance centers.

‘‘Sec. 2346. Maintenance of service.

‘‘Sec. 2347. State-based activities.

‘‘Sec. 2348. Program priorities.

‘‘Sec. 2349. Technology-based technical assistance.

‘‘Sec. 2350. Administration.

‘‘Sec. 2351. Authorization of appropriations.

‘‘PART E—EDUCATION PROGRAM STRATEGIES

‘‘Sec. 2401. Findings and Statement of purpose.

‘‘Sec. 2402. Authorization of appropriations; duration of assistance.

‘‘SUBPART 1—STATE AND LOCAL PROGRAMS

‘‘Sec. 2411. Allotment to States.

‘‘Sec. 2412. Allocation to local educational agencies.

‘‘SUBPART 2—STATE PROGRAMS

‘‘Sec. 2421. State uses of funds.

‘‘Sec. 2423. State applications.

‘‘SUBPART 3—LOCAL TARGETED ASSISTANCE PROGRAMS

‘‘Sec. 2431. Targeted use of funds.

‘‘Sec. 2432. Administrative authority.
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‘‘Sec. 2433. Local applications.

‘‘SUBPART 4—21ST CENTURY COMMUNITY LEARNING CENTERS

‘‘Sec. 2441. Findings.

‘‘Sec. 2442. Funds for community learning centers.

‘‘Sec. 2443. Programs.

‘‘Sec. 2444. Requirements.

‘‘Sec. 2445. Definition.

‘‘TITLE III—EXPANDING OPPORTUNITIES FOR LEARNING

‘‘PART A—FUND FOR THE IMPROVEMENT OF EDUCATION

‘‘Sec. 3201. Fund for the improvement of education.

‘‘PART B—GIFTED AND TALENTED CHILDREN

‘‘Sec. 3301. Short title.

‘‘Sec. 3302. Findings and purposes.

‘‘Sec. 3303. Definitions.

‘‘Sec. 3304. Authorized programs.

‘‘Sec. 3305. Program priorities.

‘‘Sec. 3306. General provisions.

‘‘Sec. 3307. Administration.

‘‘Sec. 3308. Authorization of appropriations.

‘‘PART C—PUBLIC CHARTER SCHOOLS

‘‘Sec. 3401. Purpose.

‘‘Sec. 3402. Program authorized.

‘‘Sec. 3403. Applications.

‘‘Sec. 3404. Selection of grantees; waivers.

‘‘Sec. 3405. Uses of funds.

‘‘Sec. 3406. National activities.

‘‘Sec. 3407. Definitions.

‘‘Sec. 3408. Authorization of appropriations.

‘‘PART D—ARTS IN EDUCATION

‘‘SUBPART 1—SUPPORT FOR ARTS EDUCATION

‘‘Sec. 3501. Support for arts education.

‘‘SUBPART 2—COMMUNITY ARTS

‘‘Sec. 3502. Short title.

‘‘PART E—INEXPENSIVE BOOK DISTRIBUTION PROGRAM

‘‘Sec. 3601. Inexpensive book distribution program for reading motivation.

‘‘PART F—CIVIC EDUCATION

‘‘Sec. 3701. Instruction on the history and principles of democracy in the

United States.

‘‘Sec. 3702. Instruction in civics, Government, and the law.

‘‘Sec. 3703. Report; authorization of appropriations.
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‘‘PART G—NATIVE HAWAIIAN EDUCATION

‘‘Sec. 3801. Short title.

‘‘Sec. 3802. Findings.

‘‘Sec. 3803. Purpose.

‘‘Sec. 3804. Native Hawaiian Education Council.

‘‘Sec. 3805. Native Hawaiian Language Immersion Project.

‘‘Sec. 3806. Native Hawaiian family-based education centers.

‘‘Sec. 3807. Native Hawaiian Higher Education Demonstration Program.

‘‘Sec. 3808. Native Hawaiian Gifted and Talented Demonstration Program.

‘‘Sec. 3809. Native Hawaiian Special Education Program.

‘‘Sec. 3810. Administrative provisions.

‘‘Sec. 3811. Definitions.

‘‘PART H—ALLEN J. ELLENDER FELLOWSHIP PROGRAM

‘‘Sec. 3901. Findings.

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

‘‘Sec. 3911. Establishment.

‘‘Sec. 3912. Applications.

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

‘‘Sec. 3915. Establishment.

‘‘Sec. 3916. Applications.

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

PARENTS AND OLDER AMERICANS

‘‘Sec. 3921. Establishment.

‘‘Sec. 3922. Applications.

‘‘SUBPART 4—GENERAL PROVISIONS

‘‘Sec. 3925. Administrative provisions.

‘‘Sec. 3926. Authorization of appropriations.

‘‘PART I—TERRITORIAL EDUCATION IMPROVEMENT PROGRAM

‘‘Sec. 3931. Findings and purposes.

‘‘Sec. 3932. Grant authorization.

‘‘Sec. 3933. Restrictions.

‘‘Sec. 3934. Authorization.

‘‘TITLE IV—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

‘‘Sec. 4001. Short title.

‘‘Sec. 4002. Findings.

‘‘Sec. 4003. Purpose.

‘‘Sec. 4004. Funding.

‘‘PART A—STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

‘‘Sec. 4101. Reservations and allotments.

‘‘Sec. 4102. State applications.

‘‘Sec. 4103. State and local educational agency programs.

‘‘Sec. 4104. Local applications.

‘‘Sec. 4105. Local drug and violence prevention programs.
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‘‘Sec. 4106. Evaluation and reporting.

‘‘PART B—NATIONAL PROGRAMS

‘‘Sec. 4201. Federal activities.

‘‘Sec. 4202. Programs for Native Hawaiians.

‘‘PART C—GENERAL PROVISIONS

‘‘Sec. 4301. Definitions.

‘‘Sec. 4302. Materials.

‘‘Sec. 4303. Prohibited uses of funds.

‘‘Sec. 4304. Certification of drug and alcohol abuse prevention programs.

‘‘TITLE V—MAGNET SCHOOLS ASSISTANCE

‘‘PART A—PROMOTING EQUITY

‘‘Sec. 5101. Findings.

‘‘Sec. 5102. Statement of purpose.

‘‘Sec. 5103. Program authorized.

‘‘Sec. 5104. Definition.

‘‘Sec. 5105. Eligibility.

‘‘Sec. 5106. Applications and requirements.

‘‘Sec. 5107. Priority.

‘‘Sec. 5108. Use of funds.

‘‘Sec. 5109. Prohibitions.

‘‘Sec. 5110. Limitation on payments.

‘‘Sec. 5111. Authorization of appropriations; reservation.

‘‘PART B—EQUALIZATION ASSISTANCE

‘‘Sec. 5201. Technical and other assistance for school finance.

‘‘PART C—WOMEN’S EDUCATIONAL EQUITY ACT

‘‘Sec. 5301. Findings and statement of purpose.

‘‘Sec. 5302. Programs authorized.

‘‘Sec. 5303. Local implementation grants.

‘‘Sec. 5304. Research and development grants.

‘‘Sec. 5305. Authorization of appropriations.

‘‘TITLE VI—INDIAN EDUCATION

‘‘Sec. 6001. Findings.

‘‘Sec. 6002. Purpose.

‘‘PART A—FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES

‘‘Sec. 6101. Purpose.

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

‘‘Sec. 6103. Amount of grants.

‘‘Sec. 6104. Applications.

‘‘Sec. 6105. Authorized services and activities.

‘‘Sec. 6106. Student eligibility forms.

‘‘Sec. 6107. Payments.
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‘‘PART B—SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL

OPPORTUNITIES FOR INDIAN CHILDREN

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

‘‘Sec. 6202. Special educational training programs for the teachers of Indian

children.

‘‘Sec. 6203. Fellowships for Indian students.

‘‘Sec. 6204. Gifted and talented.

‘‘Sec. 6205. Tribally Controlled Schools Act.

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

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

‘‘PART D—NATIONAL ACTIVITIES AND GRANTS TO STATES

‘‘Sec. 6401. National activities.

‘‘Sec. 6402. State educational agency review.

‘‘PART E—FEDERAL ADMINISTRATION

‘‘Sec. 6501. Office of Indian education.

‘‘Sec. 6502. National Advisory Council on Indian Education.

‘‘Sec. 6503. Peer review.

‘‘Sec. 6504. Preference for Indian applicants.

‘‘Sec. 6505. Minimum grant criteria.

‘‘PART F—DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

‘‘Sec. 6601. Definitions.

‘‘Sec. 6602. Authorizations of appropriations.

‘‘PART G—BUREAU OF INDIAN AFFAIRS PROGRAMS

‘‘Sec. 6701. Standards for the basic education of Indian children in Bureau

of Indian Affairs schools.

‘‘Sec. 6702. National criteria for dormitory situations.

‘‘Sec. 6703. Regulations.

‘‘Sec. 6704. School boundaries.

‘‘Sec. 6705. Facilities construction.

‘‘Sec. 6706. Bureau of Indian Affairs education functions.

‘‘Sec. 6707. Allotment formula.

‘‘Sec. 6708. Administrative cost grants.

‘‘Sec. 6709. Budget preparation and submission.

‘‘Sec. 6710. Uniform direct funding and support.

‘‘Sec. 6711. Policy for Indian control of Indian education.

‘‘Sec. 6712. Education personnel.

‘‘Sec. 6713. Management information system.

‘‘Sec. 6714. Bureau education policies.

‘‘Sec. 6715. Uniform education procedures and practices.

‘‘Sec. 6716. Recruitment of Indian educators.

‘‘Sec. 6717. Annual report.

‘‘Sec. 6718. Rights of Indian students.

‘‘Sec. 6719. Regulations.

‘‘Sec. 6720. Definitions.

‘‘Sec. 6721. Voluntary services.

‘‘Sec. 6722. Proration of pay.

‘‘Sec. 6723. Extracurricular activities.
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‘‘Sec. 6724. Early Childhood Development Program.

‘‘Sec. 6725. Tribal Departments of Education.

‘‘Sec. 6726. Payments.

‘‘TITLE VII—BILINGUAL EDUCATION PROGRAMS

‘‘Sec. 7001. Short title.

‘‘Sec. 7002. Findings, policy, and purpose.

‘‘Sec. 7003. Authorization of appropriations.

‘‘Sec. 7004. Definitions; regulations.

‘‘Sec. 7005. Indian and Alaskan Native children in schools.

‘‘Sec. 7006. Residents of the territories and freely associated nations.

‘‘PART A—BILINGUAL EDUCATION CAPACITY AND DEMONSTRATION GRANTS

‘‘Sec. 7101. Purpose of grants.

‘‘Sec. 7102. Program development and implementation grants.

‘‘Sec. 7103. Program enhancement projects.

‘‘Sec. 7104. Whole-school programs.

‘‘Sec. 7105. System-wide improvement grants.

‘‘Sec. 7106. Applications.

‘‘Sec. 7107. Intensified instruction.

‘‘Sec. 7108. Capacity building.

‘‘Sec. 7109. Subgrants.

‘‘Sec. 7110. Geographic distribution of funds.

‘‘Sec. 7111. Programs in Puerto Rico.

‘‘Sec. 7112. Evaluations.

‘‘PART B—RESEARCH AND DISSEMINATION

‘‘Sec. 7201. Use of funds.

‘‘Sec. 7202. Research.

‘‘Sec. 7203. Academic excellence awards.

‘‘Sec. 7204. State grant program.

‘‘Sec. 7205. National clearinghouse for bilingual education.

‘‘Sec. 7206. Instructional materials development.

‘‘Sec. 7207. Evaluation assistance centers and multifunctional resource centers.

‘‘PART C—BILINGUAL EDUCATION TEACHER TRAINING

‘‘Sec. 7301. Purpose.

‘‘Sec. 7302. Training for all teachers program.

‘‘Sec. 7303. Bilingual education teachers and personnel grants.

‘‘Sec. 7304. Bilingual education career ladder program.

‘‘Sec. 7305. Graduate fellowships in bilingual education program.

‘‘Sec. 7306. Applications.

‘‘Sec. 7307. Program requirements.

‘‘Sec. 7308. Stipends.

‘‘Sec. 7309. Program evaluations under part C.

‘‘PART D—ADMINISTRATION

‘‘Sec. 7401. Office of bilingual education and minority language affairs.

‘‘Sec. 7402. Release time.

‘‘Sec. 7403. Education technology.

‘‘Sec. 7404. Notification.
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‘‘Sec. 7405. Continued eligibility.

‘‘Sec. 7406. Limitation of authority.

‘‘PART E—TRANSITION

‘‘Sec. 7501. Transition provisions.

‘‘PART F—EMERGENCY IMMIGRANT EDUCATION PROGRAM

‘‘Sec. 7601. Purpose.

‘‘Sec. 7602. State administrative costs.

‘‘Sec. 7603. Withholding.

‘‘Sec. 7604. State allocations.

‘‘Sec. 7605. State applications.

‘‘Sec. 7606. Payments.

‘‘Sec. 7607. Uses of funds.

‘‘Sec. 7608. Reports.

‘‘Sec. 7609. Authorization of appropriations.

‘‘TITLE VIII—IMPACT AID

‘‘Sec. 8001. Findings.

‘‘Sec. 8002. Purpose.

‘‘Sec. 8003. Payments relating to Federal acquisition of real property.

‘‘Sec. 8004. Payments for eligible federally connected children.

‘‘Sec. 8005. Policies and procedures relating to children residing on Indian

lands.

‘‘Sec. 8006. Application for payments under sections 8003 and 8004.

‘‘Sec. 8007. Payments for sudden and substantial increases in attendance of

military dependents.

‘‘Sec. 8008. Facilities.

‘‘Sec. 8009. State consideration of payments in providing State aid.

‘‘Sec. 8010. Federal administration.

‘‘Sec. 8011. Administrative hearings and judicial review.

‘‘Sec. 8012. Definitions.

‘‘Sec. 8013. Authorization of appropriations.

‘‘Sec. 8014. Transfer of payments.

‘‘TITLE IX—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS

‘‘Sec. 9101. Definitions.

‘‘Sec. 9102. Applicability of this title.

‘‘Sec. 9103. References in other Acts.

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

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

secondary education programs.

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

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

‘‘Sec. 9204. Administrative funds study.

‘‘Sec. 9205. Consolidated set-aside for Department of the Interior funds.

‘‘Sec. 9206. Availability of unneeded program funds.
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‘‘PART C—COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL

APPLICATIONS

‘‘Sec. 9301. Purpose.

‘‘Sec. 9302. Optional consolidated State application.

‘‘Sec. 9303. General applicability of State educational agency assurances.

‘‘Sec. 9304. Consolidated local applications.

‘‘Sec. 9305. Other general assurances.

‘‘PART D—WAIVERS

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

‘‘PART E—UNIFORM PROVISIONS

‘‘Sec. 9501. Maintenance of effort.

‘‘Sec. 9502. Prohibition regarding State aid.

‘‘Sec. 9503. Participation by private school children and teachers.

‘‘Sec. 9504. Standards for by-pass.

‘‘Sec. 9505. Complaint process for participation of private school children.

‘‘Sec. 9506. By-pass determination process.

‘‘Sec. 9507. Prohibition against funds for religious worship or instruction.

‘‘PART F—GUN POSSESSION

‘‘Sec. 9601. Policy for gun possession.

‘‘TITLE X—COORDINATED SERVICES PROJECTS

‘‘Sec. 10001. Findings and purpose.

‘‘Sec. 10002. Definitions.

‘‘Sec. 10003. Project development and implementation.

‘‘Sec. 10004. Uses of funds.

‘‘Sec. 10005. Continuing authority.

‘‘Sec. 10006. Federal agency coordination.

‘‘TITLE XI—SCHOOL FACILITIES IMPROVEMENT ACT

‘‘Sec. 11001. Findings.

‘‘Sec. 11002. Purpose.

‘‘Sec. 11003. Federal assistance in the form of loans.

‘‘Sec. 11004. General provisions.

‘‘Sec. 11005. Definitions.

‘‘Sec. 11006. Authorization.

‘‘TITLE XII—URBAN AND RURAL EDUCATION ASSISTANCE

‘‘PART A—URBAN EDUCATION DEMONSTRATION GRANTS

‘‘Sec. 12000. Authorization of appropriations.

‘‘Sec. 12001. Findings.

‘‘Sec. 12002. Statement of purpose.

‘‘Sec. 12003. Urban education demonstration grants.

‘‘Sec. 12004. Research and evaluation grants.

‘‘Sec. 12005. Use of funds.

‘‘Sec. 12006. Augustus F. Hawkins National Commission on Urban Education.

‘‘Sec. 12007. Evaluation.
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‘‘PART B—RURAL EDUCATION DEMONSTRATION GRANTS

‘‘Sec. 12101. Findings.

‘‘Sec. 12102. Statement of purpose.

‘‘Sec. 12103. Rural school grants.

‘‘Sec. 12104. Higher education grants.

‘‘Sec. 12105. National Commission on Rural Education.’’.

TITLE II—AMENDMENTS TO THE GENERAL EDUCATION

PROVISIONS ACT

PART A—APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT

Sec. 211. Title; applicability; definitions.

Sec. 212. Repeal and redesignation.

PART B—THE DEPARTMENT OF EDUCATION

Sec. 221. New heading for part A.

‘‘PART A—FUNCTIONS OF THE DEPARTMENT OF EDUCATION’’.

Sec. 222. Office of non-public education.

Sec. 223. General authority of the Secretary.

Sec. 224. Coordination.

PART C—APPROPRIATIONS AND EVALUATIONS

Sec. 230. Forward funding.

Sec. 231. Availability of appropriations.

Sec. 232. Contingent extension of programs.

Sec. 233. State reports.

Sec. 234. Biennial evaluation report.

Sec. 235. Technical amendment.

Sec. 236. Coordination.

PART D—ADMINISTRATION OF EDUCATION PROGRAMS

Sec. 241. Joint funding of programs.

Sec. 242. Collection and dissemination of information.

Sec. 243. Review of applications.

Sec. 244. Technical amendment.

Sec. 245. Use of funds withheld.

Sec. 246. Applications.

Sec. 247. Regulations.

Sec. 248. Records; reduction in retention requirements.

Sec. 249. Release of records.

Sec. 250. Protection of pupil rights.

Sec. 251. Enforcement.

Sec. 252. Technical amendments.

Sec. 253. Equity for students, teachers, and other program beneficiaries.

PART E—RELATED AMENDMENTS TO OTHER ACTS

Sec. 261. Department of Education Organization Act.
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TITLE III—AMENDMENTS TO OTHER ACTS

PART A—AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION

ACT

Sec. 311. Allocations under section 611 of the idea.

Sec. 312. Treatment of chapter 1 State agencies.

Sec. 313. Infants and toddlers with disabilities.

PART B—EDUCATION FOR HOMELESS CHILDREN AND YOUTH

Sec. 320. Amendments to table of contents.

‘‘Subtitle A—Adult Education for the Homeless

‘‘Subtitle B—Education for Homeless Children and Youth’’.

Sec. 321. Statement of policy.

‘‘Subtitle A—Adult Education for the Homeless

‘‘Sec. 701. State literacy initiatives.’’.

Sec. 322. Education for homeless children and youth.

‘‘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.’’.

PART C—IMPACT AID STATUTES

Sec. 331. Amendments to Public Law 815.

‘‘Sec. 2. Portion of appropriations available for payments.

‘‘Sec. 3. Establishment of priorities.

‘‘Sec. 5. Limitation on total payments to any local educational agency.’’.

Sec. 332. Repeal of Public Law 874.

PART D—AMENDMENTS TO ADULT EDUCATION ACT

Sec. 335. Amendments to Adult Education Act.

PART E—AMENDMENTS TO EDUCATION COUNCIL ACT OF 1991

Sec. 341. Findings.

Sec. 342. National writing project.

TITLE IV—NATIONAL EDUCATION STATISTICS

Sec. 401. Short title.

Sec. 402. Findings; purpose; definitions.

Sec. 403. National Center for Education Statistics.

Sec. 404. Duties of the Center.

Sec. 405. Performance of duties.

Sec. 406. Reports.
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Sec. 407. Advisory Council on Education Statistics.

Sec. 408. Confidentiality.

Sec. 409. Dissemination.

Sec. 410. Cooperative education statistics systems.

Sec. 411. National assessment of educational progress.

Sec. 412. Authorization of appropriations.

TITLE V—MISCELLANEOUS

Sec. 501. Study of Federal efforts to assist in school reform.

Sec. 502. Budget compliance.

1 SEC. 2. EFFECTIVE DATES; TRANSITION.

2 (a) EFFECTIVE DATES.—(1)(A) Except as provided in

3 subparagraph (B), the provisions of title I of this Act shall

4 take effect July 1, 1995, except that those provisions of title

5 I that apply to programs under title VIII of the Elementary

6 and Secondary Education Act of 1965, as amended by this

7 Act, and to programs that are conducted on a competitive

8 basis, shall be effective with respect to appropriations for

9 use under such programs in fiscal year 1995 and in subse10 quent fiscal years.

11 (B) Title VIII of the Elementary and Secondary Edu12 cation Act of 1965, as amended by title I of this Act, shall

13 take effect on October 1, 1994.

14 (2) The provisions of title II of this Act shall be effec15 tive upon enactment, except that section 250 of such title

16 shall be effective—

17 (A) July 1, 1995 for non-competitive programs

18 in which funds are allocated on the basis of a for19 mula; and
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1 (B) for programs that are conducted on a com2 petitive basis, with respect to appropriations for use

3 under such programs in fiscal year 1995 and in sub4 sequent fiscal years.

5 (3)(A) Parts A and B of title III of this Act shall take

6 effect July 1, 1995.

7 (B) Part C of title III of this Act shall take effect on

8 October 1, 1994.

9 (b) TRANSITION.—Notwithstanding any other provi10 sion of law, a recipient of funds under the Elementary and

11 Secondary Education Act of 1965, as in effect prior to

12 amendment by this Act, may use funds available to it under

13 such predecessor authority to carry out necessary and rea14 sonable planning and transition activities in order to en15 sure a smooth implementation of programs authorized by

16 this Act.

17 TITLE I—AMENDMENTS TO THE

18 ELEMENTARY AND SECOND19 ARY EDUCATION ACT OF 1965

20 SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SEC21 ONDARY EDUCATION ACT OF 1965.

22 The Elementary and Secondary Education Act of 1965

23 is amended to read as follows:
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1 ‘‘SECTION 1. SHORT TITLE.

2 ‘‘This Act may be cited as the ‘‘Elementary and Sec3 ondary Education Act of 1965’’.

4 ‘‘TITLE I—IMPROVED EDU5 CATION FOR DISADVANTAGED

6 CHILDREN

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

8 PURPOSE.

9 ‘‘(a) STATEMENT OF POLICY.—The Congress declares

10 it to be the policy of the United States that a high-quality

11 education for all persons and a fair and equal opportunity

12 to obtain such education—

13 ‘‘(1) are a societal good necessary for creating a

14 vibrant future for our complex and diverse democracy

15 and for meeting the challenge of an internationally

16 competitive economy;

17 ‘‘(2) are a private good because individual op18 portunity is greatly enhanced by being well educated;

19 ‘‘(3) are a moral imperative in our society and

20 simple justice demands that the opportunity to ac21 quire skills and knowledge deemed necessary for basic

22 citizenship and economic opportunity be equally

23 available to all; and

24 ‘‘(4) improve the life of every person, because the

25 quality of individual lives ultimately depends on the

26 quality of the lives of others.
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1 ‘‘(b) RECOGNITION OF NEED.—The Congress recog2 nizes that—

3 ‘‘(1) although the achievement gap between dis4 advantaged children and other children has been re5 duced by half over the past two decades, a sizable gap

6 remains, and many segments of our society lack the

7 opportunity to become well educated;

8 ‘‘(2) the most urgent need for educational im9 provement is in schools with high concentrations of

10 children from low-income families and achieving the

11 National Education Goals will not be possible without

12 substantial improvement in these schools;

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

14 low-achieving children in the highest-poverty schools,

15 children with limited English proficiency, children of

16 migrant workers, Indian children, children who are

17 neglected or delinquent, and young children and their

18 parents who are in need of family-literacy services;

19 and

20 ‘‘(4) while title I and other programs funded

21 under this Act contribute to narrowing the achieve22 ment gap between children in high-poverty and low23 poverty schools, such programs need to become even

24 more effective in improving schools in order to enable

25 all children to achieve high standards.
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1 ‘‘(c) WHAT HAS BEEN LEARNED.—To enable schools

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

3 builds upon what has been learned:

4 ‘‘(1) All children can master challenging content

5 and complex problem-solving skills and research clear6 ly shows that children, including low-achieving chil7 dren, can succeed when expectations are high and

8 they are given the opportunity to learn challenging

9 material.

10 ‘‘(2) Conditions outside the classroom such as

11 hunger, unsafe living conditions, homelessness, unem12 ployment, violence, inadequate health care, child

13 abuse, and drug and alcohol abuse can adversely af14 fect children’s academic achievement and must be ad15 dressed through the coordination of services, such as

16 health and social services, in order for the Nation to

17 meet the National Education Goals.

18 ‘‘(3) A better understanding of the principles of

19 good health can help children and adolescents succeed

20 in school, become active, productive members of soci21 ety, and successfully compete in a rapidly changing

22 global economy. Schools that provide quality physical

23 and health education contribute to enhanced knowl24 edge, behavior, and fitness of children and adolescents.
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1 ‘‘(4) Use of low-level tests that are not aligned

2 with schools’ curricula fails to provide adequate infor3 mation about what children know and can do and en4 courages curricula and instruction that focus on the

5 low-level skills measured by such tests.

6 ‘‘(5) Resources are more effective when they en7 sure that children have full access to effective regular

8 school programs and receive supplemental help

9 through extended-time activities.

10 ‘‘(6) The disproven theory that children must

11 first learn basic skills before engaging in more com12 plex tasks continues to dominate strategies for class13 room instruction, resulting in emphasis on repetitive

14 drill and practice at the expense of content-rich in15 struction, accelerated curricula, and effective teaching

16 to high standards.

17 ‘‘(7) Intensive and sustained professional devel18 opment for teachers and other school staff (focused on

19 teaching and learning and on helping children attain

20 high standards) is too often not provided.

21 ‘‘(8) Insufficient attention and resources are di22 rected toward the effective use of technology in schools

23 and the role it can play in professional development

24 and improved teaching and learning.
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1 ‘‘(9) All parents can contribute to their chil2 dren’s success by helping at home and becoming part3 ners with teachers so that children can achieve high

4 standards.

5 ‘‘(10) Decentralized decisionmaking is a key in6 gredient of systemic reform. Schools need the re7 sources, flexibility, and responsibility to design and

8 implement effective strategies for bringing children to

9 high levels of performance and should accept respon10 sibility to do so.

11 ‘‘(11) Opportunities for students to achieve high

12 standards can be enhanced through a variety of ap13 proaches such as public school choice and public char14 ter schools.

15 ‘‘(12) Attention to academics alone cannot en16 sure that all children will reach high standards. The

17 health and other needs of children that affect learning

18 are frequently unmet, particularly in high-poverty

19 schools, thereby necessitating coordination of services

20 to better meet children’s needs.

21 ‘‘(13) Resources provided under this title can be

22 better targeted on the highest-poverty local edu23 cational agencies and schools that have children most

24 in need.
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1 ‘‘(d) STATEMENT OF PURPOSE.—The purpose of this

2 title is to enable schools to provide opportunities for chil3 dren served to acquire the knowledge and skills contained

4 in the rigorous State content standards and to meet the

5 challenging State performance standards developed for all

6 children under the Goals 2000: Educate America Act or,

7 in their absence, under this title. This purpose shall be ac8 complished by—

9 ‘‘(1) ensuring high standards for all children

10 and aligning the efforts of States, local educational

11 agencies, and schools to help children served under

12 this title to reach such standards;

13 ‘‘(2) providing children an enriched and acceler14 ated educational program through schoolwide pro15 grams or through additional services that increase the

16 amount and quality of instructional time so that chil17 dren served under this title receive at least the class18 room instruction that other children receive;

19 ‘‘(3) promoting schoolwide reform and ensuring

20 access of children (from the earliest grades) to effective

21 instructional strategies and challenging academic

22 content that includes intensive complex thinking and

23 problem-solving experiences;

24 ‘‘(4) significantly upgrading the quality of cur25 ricula and instruction by providing staff in partici-
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1 pating schools with substantial opportunities for in2 tensive and sustained professional development;

3 ‘‘(5) coordinating services under all parts of this

4 title with each other, with other educational services,

5 and, to the extent feasible, with health and social serv6 ice programs funded from other sources;

7 ‘‘(6) affording parents meaningful opportunities

8 to participate in the education of their children at

9 home and at school;

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

11 to make a difference, to schools where needs are great12 est;

13 ‘‘(8) improving accountability, as well as teach14 ing and learning, by using State assessment systems

15 designed to measure how well children are achieving

16 high State standards of performance expected of all

17 children; and

18 ‘‘(9) providing greater decisionmaking authority

19 and flexibility to schools and teachers in exchange for

20 greater responsibility for student performance.

21 ‘‘SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘Appropriations are authorized for the following pro23 grams and activities under this title:

24 ‘‘(1) LOCAL EDUCATIONAL AGENCY GRANTS.—

25 For the purpose of carrying out part A of this title,
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1 other than sections 1117, and 1120(d), there are au2 thorized to be appropriated $7,400,000,000 for fiscal

3 year 1995 and such sums as may be necessary for

4 each of the fiscal years 1996, 1997, 1998, and 1999.

5 ‘‘(2) EVEN START.—For the purpose of carrying

6 out part B of this title, there are authorized to be ap7 propriated $118,000,000 for fiscal year 1995 and

8 such sums as may be necessary for each of the fiscal

9 years 1996, 1997, 1998, and 1999.

10 ‘‘(3) EDUCATION OF MIGRATORY CHILDREN.—

11 For the purpose of carrying out part C of this title,

12 there are authorized to be appropriated $310,000,000

13 for fiscal year 1995 and such sums as may be nec14 essary for each of the fiscal years 1996, 1997, 1998,

15 and 1999.

16 ‘‘(4) PREVENTION AND INTERVENTION SERVICES

17 FOR DELINQUENT YOUTH AND YOUTH AT RISK OF

18 DROPPING OUT.—For the purpose of carrying out

19 part D of this title, there are authorized to be appro20 priated $40,000,000 for fiscal year 1995 and such

21 sums as may be necessary for each of the fiscal years

22 1996, 1997, 1998, and 1999.

23 ‘‘(5) CAPITAL EXPENSES.—For the purpose of

24 carrying out section 1120(d) of this title, there are

25 authorized to be appropriated $41,434,000 for fiscal
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1 year 1995 and such sums as may be necessary for

2 each of the fiscal years 1996, 1997, 1998, and 1999.

3 ‘‘(6) SCHOOL IMPROVEMENT.—For the purpose of

4 carrying out the activities authorized in section 1117

5 of this title, there are authorized to be appropriated

6 $30,000,000 for fiscal year 1995 and such sums as

7 may be necessary for each of the fiscal years 1996,

8 1997, 1998, and 1999.

9 ‘‘(7) FEDERAL ACTIVITIES.—(A) For the purpose

10 of carrying out section 1501 of this title, there are au11 thorized to be appropriated $9,000,000 for fiscal year

12 1995 and such sums as may be necessary for each of

13 the fiscal years 1996, 1997, 1998, and 1999.

14 ‘‘(B) For the purpose of carrying out sections

15 1502 and 1503 of this title, there are authorized to be

16 appropriated $20,000,000 for fiscal year 1995 and

17 such sums as may be necessary for each of the fiscal

18 years 1996, 1997, 1998, and 1999.

19 ‘‘PART A—BASIC PROGRAMS OPERATED BY LOCAL

20 EDUCATIONAL AGENCIES

21 ‘‘Subpart 1—Basic Program Requirements

22 ‘‘SEC. 1111. STATE PLANS.

23 ‘‘(a) PLANS REQUIRED.—(1) Any State desiring to re24 ceive a grant under this part shall submit to the Secretary
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1 a plan, developed in consultation with local educational

2 agencies, teachers, administrators, and parents, that—

3 ‘‘(A)(i) is integrated with the State’s plan, either

4 approved or being developed, under title III of the

5 Goals 2000: Educate America Act, and satisfies the

6 requirements of this section that are not already ad7 dressed by that State plan; and

8 ‘‘(ii) is integrated with other State plans, if any,

9 under the School-to-Work Opportunities Act of 1993

10 and the Carl D. Perkins Vocational and Applied

11 Technology Education Act, to the extent that these

12 plans have not already been incorporated in the

13 State’s plan under title III of the Goals 2000: Edu14 cate America Act; or

15 ‘‘(B) if the State does not have an approved plan

16 under title III of the Goals 2000: Educate America

17 Act and is not developing such a plan—

18 ‘‘(i) is integrated with other State plans

19 under this Act and other plans, including those

20 under the School-to-Work Opportunities Act of

21 1993 and the Carl D. Perkins Vocational and

22 Applied Technology Education Act, where such

23 plans exist; and

24 ‘‘(ii) satisfies the requirements of this sec25 tion.
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1 ‘‘(2) The plan may be submitted as part of a consoli2 dated application under section 9302.

3 ‘‘(3) A State may satisfy all or part of the require4 ments of this section by referencing applicable sections of

5 its approved State plan under title III of the Goals 2000:

6 Educate America Act.

7 ‘‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—

8 (1)(A) Each State plan shall demonstrate that the State has

9 developed or adopted high-quality standards for children

10 served under this title that will be used by the State, its

11 local educational agencies, and its schools to carry out this

12 Act and that these standards be as challenging and of the

13 same high-quality as they are for all children. These stand14 ards shall include—

15 ‘‘(i) challenging content standards in the core

16 academic subjects that—

17 ‘‘(I) specify what children served under this

18 title are expected to know and be able to do;

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

20 and

21 ‘‘(III) emphasize the teaching of advanced

22 skills;

23 ‘‘(ii) challenging performance standards that—

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

25 standards;
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1 ‘‘(II) describe two levels of high perform2 ance, ‘proficient’ and ‘advanced’, that determine

3 how well children served under this title are

4 mastering the material in the content standards;

5 and

6 ‘‘(III) include a third benchmark below pro7 ficient, if necessary, to provide complete infor8 mation about the progress of the lower-perform9 ing children toward achieving the high ‘pro10 ficient’ and ‘advanced’ performance standards;

11 and

12 ‘‘(iii) opportunity to learn standards that ad13 dress—

14 ‘‘(I) the quality and availability of curric15 ula, instructional materials, and technologies for

16 all students served under this title;

17 ‘‘(II) the capability of teachers to provide

18 high-quality instruction to all students served

19 under this title;

20 ‘‘(III) the extent to which teachers, prin21 cipals, and administrators have ready and con22 tinuing access to professional development, in23 cluding the best knowledge about teaching, learn24 ing and school improvement;
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1 ‘‘(IV) the extent to which curricula, instruc2 tional practices, and assessments for students

3 served under this title are aligned to content

4 standards;

5 ‘‘(V) the extent to which school facilities

6 provide a safe and secure environment for learn7 ing and instruction and have the requisite li8 braries, laboratories, and other resources nec9 essary to provide students served under this title

10 an opportunity to learn;

11 ‘‘(VI) the extent to which schools which re12 ceive funds under this title utilize policies, cur13 ricula, and instructional practices which ensure

14 nondiscrimination on the basis of gender;

15 ‘‘(VII) the capability of local educational

16 agencies and schools to comply with the require17 ments in section 1112(c)(3) with respect to ad18 dressing the comprehensive needs of children and

19 the requirements of section 1114(b) or section

20 1115(c), whichever is applicable; and

21 ‘‘(VIII) such other factors that the State

22 deems appropriate to ensure that students served

23 under this title receive a fair opportunity to

24 achieve the knowledge and skills described in
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1 content and performance standards adopted by

2 the State.

3 ‘‘(B) For those core academic subjects in which a State

4 has not adopted challenging content and performance

5 standards, the State plan shall include a schedule for their

6 development that includes the completion of standards in

7 mathematics and reading/language arts by the end of the

8 interim period as described in paragraph (8).

9 ‘‘(2)(A) Each State plan shall demonstrate, based on

10 assessments described under paragraph (3), what con11 stitutes adequate yearly progress of—

12 ‘‘(i) any school served under this part toward en13 abling children to meet the State’s ‘proficient’ and

14 ‘advanced’ performance standards; and

15 ‘‘(ii) any local educational agency that received

16 funds under this part toward enabling children in

17 schools receiving assistance under this part to meet

18 the State’s ‘proficient’ and ‘advanced’ performance

19 standards.

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

21 manner—

22 ‘‘(i) that is consistent with criteria of general

23 applicability established by the Secretary and results

24 in continuous and substantial yearly improvement

25 for economically disadvantaged, limited-English pro-
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1 ficient, and all students under this title in each school

2 and local educational agency toward the goal of all

3 children under this title meeting the State’s challeng4 ing ‘advanced’ performance standards; and

5 ‘‘(ii) links progress primarily to performance on

6 the assessments carried out under this section while

7 permitting progress to be established in part through

8 the use of other outcome-based measures such as re9 ductions in drop-out rates.

10 ‘‘(3) Each State plan shall demonstrate that the State

11 has developed or adopted a set of high-quality, yearly stu12 dent assessments that will be used as the primary means

13 of determining the yearly performance of each local edu14 cational agency and school receiving assistance under this

15 part in enabling children served under this title to meet

16 the State’s performance standards and that these assess17 ments be challenging and of the same high-quality as they

18 are for all children. These assessments shall—

19 ‘‘(A) be aligned with the State’s challenging con20 tent and performance standards and provide coherent

21 information about student attainment of such stand22 ards;

23 ‘‘(B) be used for purposes for which they are

24 valid and reliable, and be consistent with relevant na-
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1 tionally recognized professional and technical stand2 ards of assessments;

3 ‘‘(C) shall measure the proficiency of students in

4 the core academic subjects in which a State has

5 adopted challenging content and performance stand6 ards and be administered at some time during—

7 ‘‘(i) grades 3 through 5;

8 ‘‘(ii) grades 6 through 9;

9 ‘‘(iii) grades 10 through 12.

10 ‘‘(D) be comprised of multiple, up-to-date meas11 ures of student performance;

12 ‘‘(E)(i) include limited-English proficient stu13 dents who shall be assessed, to the extent practicable

14 in the language and form most likely to yield accu15 rate and reliable information on what these students

16 know and can do, to determine their mastery of skills

17 in subjects other than English;

18 ‘‘(ii) include students who have been resident in

19 a local educational agency for a full academic year

20 but have not attended a single school for a full year,

21 provided that the performance of students who have

22 attended more than one school in the local educational

23 agency in any academic year shall be used only in

24 determining the progress of the local educational

25 agency; and
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1 ‘‘(iii) include students with disabilities who shall

2 be assessed, to the extent practicable, in a manner

3 and form most likely to yield accurate and reliable

4 information on what these students know and can do,

5 including assessment accommodations and modifica6 tions necessary to make such determinations, provided

7 that those students who are determined, through valid

8 evaluation conducted by qualified personnel, to be so

9 severely cognitively impaired as to permanently lack

10 the capacity to make any educational progress, with

11 the provision of special education and related services,

12 in meeting the State content and performance stand13 ards may be exempted from the assessment process;

14 ‘‘(F) provide individual student scores; and

15 ‘‘(G) provide for disaggregated results within

16 each State, local educational agency, and school by

17 gender, by each major racial and ethnic group, by

18 English proficiency status, and by economically dis19 advantaged students as compared to students who are

20 not economically disadvantaged.

21 ‘‘(4) Each State plan shall identify the languages other

22 than English that are present in the participating student

23 population and indicate the languages for which yearly stu24 dent assessments are not available and are needed. The

25 State shall make every effort to develop such assessments
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1 and shall notify the Secretary if linguistically-accessible as2 sessment measures are needed. Upon notification, the Sec3 retary shall assist with the identification of appropriate as4 sessment measures in the needed languages through the

5 Office of Bilingual Education and Minority Language

6 Affairs.

7 ‘‘(5) Each State plan shall include a description of

8 how the State will annually evaluate and report to the pub9 lic about the extent to which local educational agencies and

10 schools within the State which receive funds under this title

11 meet the State’s opportunity-to-learn standards.

12 ‘‘(6) If a State has developed or adopted challenging

13 content and performance standards and an aligned set of

14 assessments for all students such as those developed under

15 title III of the Goals 2000: Educate America Act, or another

16 process, the State shall use such standards and assessments,

17 modified, if necessary, to conform with the requirements of

18 paragraphs (1)(A)(ii), (2), and (3).

19 ‘‘(7) If, after 2 years, a State does not have challenging

20 content and performance standards that meet the require21 ments of paragraph (1) or after 3 years, a State does not

22 have assessments that meet the requirements of paragraph

23 (3), a State shall adopt a set of standards and aligned as24 sessments such as the standards and assessments contained

25 in other State plans that the Secretary has approved.
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1 ‘‘(8)(A) If a State does not have assessments that meet

2 the requirements of paragraph (3), the State may propose

3 to use an interim set of yearly statewide assessments that

4 will assess the performance of complex skills and challeng5 ing subject matter.

6 ‘‘(B) For any year during which a State is using an

7 interim assessment system, the State shall devise a means

8 for identifying schools and local educational agencies in

9 need of improvement under section 1116.

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

11 LEARNING.—Each State plan shall also describe—

12 ‘‘(1)(A) the means by which the State edu13 cational agency will work with other agencies, includ14 ing educational service agencies or other local consor15 tia, and institutions to provide technical assistance to

16 local educational agencies and schools to carry out the

17 State educational agency’s responsibilities under this

18 part, including assistance in providing high quality

19 professional development under section 1119 and tech20 nical assistance under section 1117; and

21 ‘‘(B)(i) where educational service agencies exist,

22 the State educational agency shall consider providing

23 professional development and technical assistance

24 through such agencies; and
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1 ‘‘(ii) where educational service agencies do not

2 exist, the State educational agency shall consider pro3 viding professional development and technical assist4 ance through other cooperative agreements such as a

5 consortium of local educational agencies;

6 ‘‘(2) the measure of poverty that local edu7 cational agencies shall use which shall include such

8 measures as the number of children age 5 to 7 in pov9 erty counted in the most recent census data approved

10 by the Secretary, the number of children eligible to re11 ceive free and reduced price lunches under the Na12 tional School Lunch Act, the number of children in

13 families receiving assistance under Aid to Families

14 With Dependent Children or the number of children

15 eligible to receive medical assistance under the Medic16 aid program; or a composite of such indicators;

17 ‘‘(3) how the State educational agency will no18 tify local educational agencies of the authority to op19 erate schoolwide programs, and fulfill its local edu20 cational agency and school improvement responsibil21 ities under section 1116, including the corrective ac22 tions it will take under section 1116(d)(6);

23 ‘‘(4) how the State educational agency will en24 courage the use of funds from other Federal, State,
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1 and local sources for schoolwide reform in schoolwide

2 programs under section 1114;

3 ‘‘(5) how the Committee of Practitioners estab4 lished under section 1601 was substantially involved

5 in the development of the plan and will continue to

6 be involved in monitoring its implementation by the

7 State;

8 ‘‘(6) how the State educational agency will assess

9 the needs of local educational agencies serving rural

10 areas, and the plans the State educational agency has

11 to meet those needs;

12 (7) how the State educational agency will assess

13 the needs of local educational agencies serving rural

14 areas and the plans the State educational agency has

15 to meet those needs; and

16 ‘‘(8) how the State educational agency will en17 courage the establishment and operation of coopera18 tive education, mentoring, and apprenticeship pro19 grams, involving business and industry.

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

21 The Secretary—

22 ‘‘(1) shall establish a peer review process to as23 sist in the review and revision of State plans;
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1 ‘‘(2) shall, following an initial peer review, ap2 prove a State plan the Secretary determines meets the

3 requirements of subsections (a), (b), and (c);

4 ‘‘(3)(A) shall, if the Secretary determines that

5 the State plan does not meet the requirements of sub6 section (a), (b), or (c), immediately notify the State

7 of such determination and the reasons for it;

8 (B) shall not decline to approve a State’s plan

9 before offering the State an opportunity to revise its

10 plan or application, provide technical assistance in

11 order to assist the State to meet the requirements

12 under subsections (a), (b), and (c) and a hearing; and

13 (C) may withhold funds until determining that

14 the plan meets the requirements of this section, pro15 vided, however, that the Secretary may not withhold

16 funds on the basis of the specific content of the oppor17 tunity-to-learn standards adopted by a State under

18 this section.

19 ‘‘(e) DURATION OF THE PLAN.—(1) Each State plan

20 shall—

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

22 State’s participation under this part; and

23 ‘‘(B) be periodically reviewed and revised by the

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

25 strategies and programs under this part.
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1 ‘‘(2) If the State makes significant changes in its plan,

2 such as the adoption of new content and performance stand3 ards, new assessments, or a new definition of adequate

4 progress, the State shall submit this information to the Sec5 retary for approval.

6 ‘‘(f) Nothing in this title shall be construed to authorize

7 an officer or employee of the Federal Government to man8 date, direct, or control a State, local educational agency,

9 or school’s specific instructional content or pupil perform10 ance standards and assessments, curriculum, or program

11 of instruction as a condition of eligibility to receive funds

12 under this title.

13 ‘‘(g) Nothing in this title shall be construed to author14 ize an officer, or employee of the Federal Government to

15 mandate, direct, or control a State, local educational agen16 cy, or school’s specific opportunity-to-learn standards as a

17 condition of eligibility to receive funds under this title.

18 ‘‘(h) If aggregate State expenditure by the State edu19 cational agency for operation of elementary and secondary

20 education programs is less than the State educational agen21 cy’s aggregate Federal allocation for State operation of all

22 Federal elementary and secondary education programs,

23 then the State plan for title I must include assurances and

24 specific provisions for State expenditures for operation of

25 elementary and secondary education programs to equal or
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1 exceed the level of Federal expenditures for such operation

2 by fiscal year 1999.

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

4 ‘‘(a) PLANS REQUIRED.—(1) A local educational agen5 cy may receive a subgrant under this part for any fiscal

6 year only if it has on file with the State educational agency

7 a plan, approved by the State educational agency, that—

8 ‘‘(A)(i) is integrated with the local educational

9 agency’s plan, either approved or being developed,

10 under title III of the Goals 2000: Educate America

11 Act, and satisfies the requirements of this section that

12 are not already addressed by that State plan; and

13 ‘‘(ii) is integrated with local plans, if any, under

14 the School-to-Work Opportunities Act of 1993 and the

15 Carl D. Perkins Vocational and Applied Technology

16 Education Act, to the extent that such plans have not

17 already been incorporated into the local educational

18 agency’s plan under title III of the Goals 2000: Edu19 cate America Act; or

20 ‘‘(B) if the local educational agency does not

21 have an approved plan under title III of the Goals

22 2000: Educate America Act and is not developing

23 such a plan—

24 ‘‘(i) is integrated with other local plans

25 under this Act and other plans, including those
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1 under the School-to-Work Opportunities Act of

2 1993 and the Carl D. Perkins Vocational and

3 Applied Technology Education Act, where such

4 plans exist; and

5 ‘‘(ii) satisfies the requirements of this sec6 tion.

7 ‘‘(2) The plan may be submitted as part of a consoli8 dated application under section 9302.

9 ‘‘(3) A local educational agency may satisfy all or part

10 of the requirements of this section by referencing applicable

11 sections of its approved plan under title III of the Goals

12 2000: Educate America Act.

13 ‘‘(b) STANDARDS AND ASSESSMENT PROVISIONS.—

14 Each local educational agency plan shall include—

15 ‘‘(1) a description of its challenging content and

16 performance standards, if any, in the core subjects, in

17 addition to the content and performance standards

18 adopted by the State under section 1111, that the

19 local educational agency expects children served under

20 this title to meet;

21 ‘‘(2) a description, based on the assessments de22 scribed under paragraph (3), of what constitutes ade23 quate yearly progress if a local educational agency

24 elects to establish such measures that are more strin-
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1 gent than the measures described in the State plan

2 under section 1111;

3 ‘‘(3) a description of additional high-quality stu4 dent assessments, if any, other than the assessments

5 described in the State plan under section 1111, that

6 the local educational agency and schools served under

7 this part will use to—

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

9 under this title in meeting the State’s perform10 ance standards;

11 ‘‘(B) assist in diagnosis, teaching, and

12 learning in the classroom in ways that best en13 able children served under this title to meet State

14 standards and do well in the local curriculum;

15 and

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

17 projects under this part so that such children

18 will meet the State’s performance standards; and

19 ‘‘(4) a description of the strategies the local edu20 cational agency will use to implement opportunity-to21 learn standards for all students served under this

22 title.

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

24 LEARNING.—(1) To ensure high-quality instruction to en25 able participating children to meet the State’s challenging
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1 performance standards expected of all students, each local

2 educational agency plan shall describe a coherent strategy

3 for intensive and sustained professional development for

4 teachers, administrators, and other staff, including staff of

5 such agency, in accordance with section 1119.

6 ‘‘(2) Each local educational agency plan shall describe

7 how the local educational agency will—

8 ‘‘(A) notify schools of the authority to operate

9 schoolwide programs;

10 ‘‘(B) work in consultation with schools as the

11 schools develop their plans pursuant to section 1114

12 or 1115 and assist schools as they implement such

13 plans so that each school can make adequate yearly

14 progress toward meeting the State’s standards; and

15 ‘‘(C) fulfill its school improvement responsibil16 ities under section 1116, including the corrective ac17 tions it will take under section 1116(c)(5).

18 ‘‘(3) To address the comprehensive needs of children

19 served under this title, each local educational agency plan

20 shall describe how the local educational agency will—

21 ‘‘(A) coordinate and integrate services provided

22 under this part with other educational services at the

23 local educational agency or individual school level,

24 including—
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1 ‘‘(i) Even Start, Head Start, and other pre2 school programs, including plans for the transi3 tion of participants in such programs to local el4 ementary school programs, vocational education

5 programs, and school-to-work transition pro6 grams; and

7 ‘‘(ii) services for children with limited Eng8 lish proficiency or with disabilities, migratory

9 children served under part C of this title or who

10 were formerly eligible for services under part C

11 in the 2-year period preceding the date of the en12 actment of this title, delinquent youth and youth

13 at risk of dropping out served under part D of

14 this title, homeless children, and immigrant chil15 dren in order to increase program effectiveness,

16 eliminate duplication, and reduce fragmentation

17 of the children’s instructional program;

18 ‘‘(B) coordinate and collaborate with other agen19 cies providing services to children, youth, and fami20 lies, including health and social services.

21 ‘‘(4) The local educational agency plan also shall in22 clude a description of—

23 ‘‘(A) the poverty criteria that will be used to se24 lect school attendance areas under section 1113;
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1 ‘‘(B) the multiple criteria that will be used by

2 targeted assistance schools under section 1115 to iden3 tify children eligible for services under this part;

4 ‘‘(C) the nature of the programs to be conducted

5 by its schools under sections 1114 and 1115 and serv6 ices outside such schools for children in local institu7 tions for neglected or delinquent children and eligible

8 homeless children, in accordance in section

9 1115(b)(2)(D);

10 ‘‘(D) how the local educational agency will en11 sure that migratory children and formerly migratory

12 children who are eligible to receive services under this

13 part are selected to receive such services on the same

14 basis as other children who are selected to receive

15 services under this part;

16 ‘‘(E) how a school that plans to serve preschool

17 children through the Head Start or Even Start pro18 grams will use its funds to expand such programs to

19 serve preschool children from its attendance area that

20 otherwise would not have been served or increase the

21 level of service to children presently being served;

22 ‘‘(F) how the local educational agency will pro23 vide services to eligible children attending private ele24 mentary and secondary schools in accordance with

25 section 1120, and how timely and meaningful con-
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1 sultation with private school officials regarding such

2 services will occur; and

3 ‘‘(G) the number of schoolwide programs that

4 will be operating in the local educational agency.

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

6 local educational agency plan shall—

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

8 including vocational teachers, where appropriate, and

9 parents of children in schools served under this part;

10 and

11 ‘‘(2)(A) remain in effect for the duration of the

12 local educational agency’s participation under this

13 part; and

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

15 necessary, to reflect changes in the local educational

16 agency’s strategies and programs.

17 ‘‘(e)(1) STATE APPROVAL.—The State educational

18 agency shall approve a local educational agency’s plan only

19 if the State educational agency determines that the plan

20 will enable schools served under this part to substantially

21 help children served under this title to meet the State’s chal22 lenging performance standards expected of all children.

23 ‘‘(2) The State educational agency shall review the

24 local educational agency’s plan to determine if such agen-
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1 cy’s professional development activities are in accordance

2 with section 1119.

3 ‘‘(f) PROGRAM RESPONSIBILITY.—The local edu4 cational agency plan shall reflect the shared responsibility

5 of schools, teachers, and the local educational agency in

6 making decisions required under sections 1114 and 1115.

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

8 ‘‘(a) IN GENERAL.—(1)(A)(i) A local educational

9 agency shall use funds received under this part only in

10 school attendance areas with high concentrations of children

11 from low-income families, hereafter in this section referred

12 to as ‘eligible school attendance areas’.

13 ‘‘(ii) For the purposes of this part—

14 ‘‘(I) ‘school attendance area’ means, in relation

15 to a particular school, the geographical area in which

16 the children who are normally served by such school

17 reside; and

18 ‘‘(II) ‘eligible school attendance area’ means a

19 school attendance area in which the percentage of

20 children from low-income families is at least as high

21 as the percentage of children from low-income families

22 in the local educational agency as a whole.

23 ‘‘(B) If funds allocated in accordance with subsection

24 (c) are insufficient to serve all eligible school attendance

25 areas, a local educational agency shall—
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1 ‘‘(i) annually rank, without regard to grade

2 spans, its eligible school attendance areas in which

3 the concentration of children from low-income fami4 lies exceeds 75 percent from highest to lowest accord5 ing to the percentage of children from low-income

6 families; and

7 ‘‘(ii) serve such eligible school attendance areas

8 in rank order.

9 ‘‘(C) If funds remain after serving all eligible school

10 attendance areas under subparagraph (B), a local edu11 cational agency shall—

12 ‘‘(i) annually rank its remaining eligible school

13 attendance areas from highest to lowest either by

14 grade span or for the entire local educational agency

15 according to the percentage of children from low-in16 come families; and

17 ‘‘(ii) serve such eligible school attendance areas

18 in rank order either within each grade-span grouping

19 or within the local educational agency as a whole.

20 ‘‘(2) The local educational agency shall use as the

21 measure of poverty, the number of children ages 5–17 in

22 poverty counted in the most recent census data approved

23 by the Secretary, the number of children eligible for free

24 and reduced priced lunches under the National School

25 Lunch Act, the number of children in families receiving as-
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1 sistance under Aid to Families with Dependent Children

2 or the number of children eligible to receive medical assist3 ance under the Medicaid program, or a composite of such

4 indicators, with respect to all school attendance areas in

5 the local educational agency—

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

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

8 ‘‘(C) to determine allocations under subsection

9 (c).

10 ‘‘(3) This subsection shall not apply to a local edu11 cational agency with a total enrollment of less than 1,000

12 children.

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

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

15 agency may—

16 ‘‘(1) designate as eligible any school attendance

17 area or school in which at least 50 percent of the chil18 dren are from low-income families;

19 ‘‘(2) use funds received under this part in a

20 school that is not in an eligible school attendance

21 area, if the percentage of children from low-income

22 families enrolled in the school is equal to or greater

23 than the percentage of such children in a participat24 ing school attendance area of such agency; and
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1 ‘‘(3)(A) elect not to serve an eligible school at2 tendance area or eligible school that has a higher per3 centage of children from low-income families if—

4 ‘‘(i) the school meets the comparability re5 quirements of section 1121(c);

6 ‘‘(ii) the school is receiving supplemental

7 funds from other State or local sources that are

8 spent according to the requirements of section

9 1114 or 1115; and

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

11 sources equal or exceed the amount that would be

12 provided under this part.

13 ‘‘(B) Notwithstanding subparagraph (A), the

14 number of children attending private elementary and

15 secondary schools who are to receive services, and the

16 assistance they are to receive under this part, shall be

17 determined without regard to whether the public

18 school attendance area in which such children reside

19 is passed over under this paragraph.

20 ‘‘(c) ALLOCATIONS.—(1) A local educational agency

21 shall allocate funds received under this part to eligible

22 school attendance areas or eligible schools, identified under

23 subsection (a) or (b), in rank order, on the basis of the total

24 number of children from low-income families in each area

25 or school.
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1 ‘‘(2)(A) Except as provided in subparagraph (B), the

2 per-pupil amount of funds allocated to each school attend3 ance area or school under paragraph (1) shall be not less

4 than 80 percent of the per-pupil amount of funds the local

5 educational agency received for such year under sections

6 1124, 1124A, and 1125.

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

8 amount of funds allocated under subparagraph (A) for a

9 school attendance area or school by the amount of any sup10 plemental State and local funds expended in such school

11 attendance area or school for programs that meet the re12 quirements of section 1114 or 1115.

13 ‘‘(3) A local educational agency shall reserve such

14 funds as are necessary under this part to provide services

15 comparable to the services provided to children in schools

16 funded under this part to serve—

17 ‘‘(A) homeless children in accordance with sec18 tion 1115(b)(2)(D); and

19 ‘‘(B) children in local institutions for delinquent

20 children.

21 ‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.

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

23 (1) A local educational agency may use funds under this

24 part, in combination with other Federal, State, and local

25 funds, to upgrade the entire educational program in an eli-
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1 gible school if, for the initial year of the schoolwide pro2 gram, the school meets the following criteria:

3 ‘‘(A) For the school year 1995–96—

4 ‘‘(i) the school serves an eligible school at5 tendance area in which at least 65 percent of the

6 children are from low-income families; or

7 ‘‘(ii) at least 65 percent of the children en8 rolled in the school are from such families.

9 ‘‘(B) For school year 1996–97 and thereafter, the

10 percentage requirement of clauses (i) and (ii) of sub11 paragraph (A) shall be 60 percent.

12 ‘‘(2) The provisions of paragraph (1) notwithstanding,

13 a local educational agency may start new schoolwide pro14 grams only after the State educational agency provides

15 written information to each local educational agency in the

16 State that—

17 ‘‘(A) demonstrates that such State agency has es18 tablished the statewide system of support and im19 provement required by section 1117; and

20 ‘‘(B) describes how such statewide system has the

21 capability of providing on-site assistance if necessary

22 to each eligible school, including a listing of school

23 support teams and the eligible schools assigned to

24 each such team.
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1 ‘‘(3) A schoolwide program school shall use such funds

2 only to supplement the amount of funds that would, in the

3 absence of funds under this part, be made available from

4 non-Federal sources for the school, including funds needed

5 to provide services that are required by law for children

6 with disabilities and children with limited English pro7 ficiency.

8 ‘‘(4) A school may use funds received under any non9 competitive, formula-grant program administered by the

10 Secretary, excluding programs under the Individuals With

11 Disabilities Education Act, and any discretionary program

12 contained on a list (updated as necessary) issued by the

13 Secretary to support a schoolwide program, notwithstand14 ing any provision of the statute or regulations governing

15 any such program.

16 ‘‘(b) COMPONENTS OF A SCHOOLWIDE PROGRAM.—(1)

17 A schoolwide program shall include the following compo18 nents:

19 ‘‘(A) A comprehensive needs assessment of the en20 tire school that is based on information on the per21 formance of children in relation to the State’s stand22 ards.

23 ‘‘(B) Schoolwide reform strategies that—
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1 ‘‘(i) provide opportunities for all children to

2 meet the State’s ‘proficient’ and ‘advanced’ per3 formance standards expected of all children;

4 ‘‘(ii) are based on research on effective

5 means of improving the achievement of children;

6 ‘‘(iii) use effective instructional strategies

7 which may include the integration of vocational

8 and academic learning (including applied learn9 ing and team teaching strategies) that increase

10 the amount and quality of learning time, such as

11 providing an extended school year and before12 and after-school programs and opportunities,

13 and help provide an enriched and accelerated

14 curriculum rather than remedial drill and prac15 tice, and that incorporate gender-equitable meth16 ods and practices;

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

18 school, but particularly the needs of low-achiev19 ing children, children with limited-English pro20 ficiency, children from migratory families, and

21 children who are members of the target popu22 lation of any program that is included in the

23 schoolwide program, address how the school will

24 determine if such needs have been met, describe

25 the current program being offered to limited-
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1 English proficient students, and address how the

2 school will build upon, expand, or coordinate the

3 schoolwide program with the current program;

4 and

5 ‘‘(v) are consistent with, and are designed

6 to implement, the State and local reform plans,

7 if any, approved under title III of the Goals

8 2000: Educate America Act.

9 ‘‘(C) Instruction by highly qualified professional

10 staff.

11 ‘‘(D) Intensive and sustained professional devel12 opment for teachers, principals, and other staff, in13 cluding aides, in accordance with section 1119, to en14 able all children in the school to meet the State’s per15 formance standards.

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

17 including family literary services.

18 ‘‘(F) Plans for assisting preschool children in the

19 transition from early childhood programs, such as

20 Head Start, Even Start, or a State-run preschool pro21 gram, to local elementary school programs.

22 ‘‘(G) Additionally, in schools serving children be23 yond grade six, in coordination with funds available

24 from other programs and, as appropriate, drawing on

25 private and public organizations—
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1 ‘‘(i) counseling and mentoring services;

2 ‘‘(ii) college and career awareness, explo3 ration, and preparation, such as college and ca4 reer guidance, comprehensive career development,

5 enhancement of employability and occupational

6 skills, personal finance education, job placement

7 services, and innovative teaching methods which

8 may include applied learning and team teaching

9 strategies; and

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

11 transition from school to work, including the for12 mation of partnerships between elementary, mid13 dle, and secondary schools and local businesses,

14 and the integration of school-based and work15 based learning.

16 ‘‘(2)(A) Any eligible school that desires to operate a

17 schoolwide program shall first develop, in consultation with

18 the local educational agency, a comprehensive plan for re19 forming the total instructional program in the school that—

20 ‘‘(i) incorporates the components described in

21 paragraph (1);

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

23 under this part and from other sources to implement

24 such components;
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1 ‘‘(iii) includes a list of State and local edu2 cational agency programs and other Federal pro3 grams under paragraph (a)(3) that will be included

4 in the schoolwide program; and

5 ‘‘(iv) describes how the school will provide indi6 vidual student assessment results, including an inter7 pretation of those results, to the parents of a child

8 who participates in the assessment required by section

9 1111(b)(3).

10 ‘‘(B) Plans developed before a State has adopted stand11 ards and a set of assessments that meet the criteria in sec12 tion 1111(b) (1) and (3) shall be based on an analysis of

13 available data on the achievement of students in the school

14 and a review of the school’s instructional practices in the

15 context of available research on effective instructional and

16 school improvement practices.

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

18 ‘‘(i) developed during a one-year period, un19 less—

20 ‘‘(I) the local educational agency, based on

21 the recommendation of the technical assistance

22 providers under section 1117, determines that

23 less time is needed to develop and implement the

24 schoolwide program; or
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1 ‘‘(II) the school is operating a schoolwide

2 program at the time this section takes effect, in

3 which case it may continue to operate such pro4 gram, but shall develop a new plan during the

5 first year to reflect the provisions of this section;

6 ‘‘(ii) developed with the involvement of the com7 munity to be served and individuals who will carry

8 it out, including teachers, principals, other staff, par9 ents, and, if the plan relates to a secondary school,

10 students from the school;

11 ‘‘(iii) reviewed and revised, as necessary, by the

12 school;

13 ‘‘(iv) made available to parents and the public

14 with the information contained in such plan trans15 lated, to the extent feasible, into any language that a

16 significant percentage of the parents of participating

17 children in the school speak as their primary lan18 guage; and

19 ‘‘(v) developed where appropriate in coordina20 tion with programs under the School-to-Work Oppor21 tunities Act, the Carl D. Perkins Vocational and Ap22 plied Technology Education Act, and the National

23 and Community Service Trust Fund Act.

24 ‘‘(c) ACCOUNTABILITY.—
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1 ‘‘(1) As provided in subsection (c) of section

2 1116, each schoolwide program shall be subject to

3 school improvement for failure to make adequate

4 progress for two consecutive years.

5 ‘‘(2) A schoolwide program identified for school

6 improvement under such subsection that has not made

7 adequate progress by the third year following such

8 identification shall forfeit its schoolwide status in ad9 dition to corrective actions, if any, taken by the local

10 educational agency.

11 ‘‘(3) A school that has forfeited its schoolwide

12 status may not regain such status until such school

13 shows improvement by making adequate progress for

14 one year.

15 ‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

16 ‘‘(a) IN GENERAL.—In all schools selected to partici17 pate under section 1113 that are ineligible for a schoolwide

18 program, or that choose not to operate a schoolwide pro19 gram, a local educational agency may use funds received

20 under this part only for programs that provide services to

21 eligible children identified as having the greatest need for

22 special assistance.

23 ‘‘(b) ELIGIBLE CHILDREN.—(1)(A) The eligible popu24 lation for services under this part is—
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1 ‘‘(i) children up to age 21 who are entitled to a

2 free public education through grade 12; and

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

4 where the local educational agency provides a free

5 public education, yet are of an age at which they can

6 benefit from an organized instructional program pro7 vided in a school or other educational setting.

8 ‘‘(B) From the population described in subparagraph

9 (A), eligible children are children identified by the school

10 as failing, or most at risk of failing, to meet the State’s

11 challenging performance standards on the basis of multiple,

12 educationally related, objective criteria established by the

13 local educational agency and supplemented by the school,

14 except that children from preschool through grade two shall

15 be selected solely on the basis of such criteria as teacher

16 judgment, interviews with parents, and developmentally

17 appropriate measures.

18 ‘‘(2)(A)(i) Children receiving services to overcome a

19 disability or limited English proficiency are eligible for

20 services under this part on the same basis as other children

21 selected to receive services under this part.

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

23 to provide services that are otherwise required by law to

24 be made available to such children.
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1 ‘‘(B) A child who, at any time in the previous two

2 years, participated in a Head Start, Even Start, or State3 run preschool program shall be automatically eligible for

4 services under this part;

5 ‘‘(C)(i) A child who, at any time in the previous two

6 years received services under the program for delinquent

7 youth and youth at risk of dropping out under part D of

8 this title (or its predecessor authority) may be eligible for

9 services under this part.

10 ‘‘(ii) Any child in a local institution for neglected or

11 delinquent children or attending a community day program

12 for such children is eligible for services under this part.

13 ‘‘(D) A local educational agency shall use funds re14 ceived under this part to serve eligible homeless children

15 who attend a school in the local educational agency that

16 receives funds under this title. To the extent feasible, a local

17 educational agency shall use funds received under this part

18 to serve eligible homeless children who attend schools in

19 noneligible attendance areas, including providing educa20 tionally related support services to children in shelters,

21 where appropriate.

22 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

23 SCHOOL PROGRAM.—(1) To assist targeted assistance

24 schools and local educational agencies to meet their respon25 sibility to provide all students with the opportunity to meet
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1 the State’s challenging performance standards, each tar2 geted assistance program under this section shall—

3 ‘‘(A) use its resources under this part to help

4 participating children meet the challenging perform5 ance standards expected for all children;

6 ‘‘(B) be based on research on effective means for

7 improving achievement of children;

8 ‘‘(C) use effective instructional strategies that—

9 ‘‘(i) give primary consideration to provid10 ing extended learning time such as an extended

11 school year and before- and after-school programs

12 and opportunities;

13 ‘‘(ii) involve an accelerated, high-quality

14 curriculum, including applied learning, rather

15 than remedial drill and practice; and

16 ‘‘(iii) minimize removing children from the

17 regular classroom for instruction provided under

18 this part;

19 ‘‘(D) be coordinated with and support the regu20 lar program in providing an enriched and accelerated

21 curriculum for eligible children;

22 ‘‘(E) provide instruction by highly qualified pro23 fessional staff;

24 ‘‘(F) provide opportunities for intensive and sus25 tained professional development in accordance with
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1 section 1119 with resources under this part and from

2 other sources for administrators and for teachers and

3 other school staff who work with participating chil4 dren in programs under this section or in the regular

5 education program;

6 ‘‘(G) provide strategies to increase parental in7 volvement, including family literary services;

8 ‘‘(H) provide plans for assisting preschool chil9 dren in the transition from early childhood programs,

10 such as Head Start, Even Start, or a State-run pre11 school program, to local elementary school programs;

12 and

13 ‘‘(I) include, additionally, in schools serving

14 children beyond grade six, in coordination with funds

15 available from other programs and, as appropriate,

16 drawing on private and public organizations—

17 ‘‘(i) counseling and mentoring;

18 ‘‘(ii) college and career awareness and prep19 aration, such as college and career guidance,

20 comprehensive career development, enhancement

21 of employability skills, personal finance edu22 cation, and job placement services; and

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

24 transition from school to work, including the for-
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1 mation of partnerships between elementary, mid2 dle, and secondary schools and local businesses.

3 ‘‘(2)(A) Each school conducting a program under this

4 section shall develop, in consultation with the local edu5 cational agency, a plan to assist participating children to

6 meet the State’s ‘proficient’ and ‘advanced’ performance

7 standards that describes—

8 ‘‘(i) the selection of children to participate in ac9 cordance with subsection (b);

10 ‘‘(ii) the program to be conducted that incor11 porates the components described in paragraph (1)

12 and how the resources provided under this part will

13 be coordinated with other resources to enable the chil14 dren served to meet the State’s standards;

15 ‘‘(iii) how the school will review, on an ongoing

16 basis, the progress of participating children and re17 vise the program, if necessary, to provide additional

18 assistance to enable such children to meet the State’s

19 challenging performance standards such as an ex20 tended school year and before- and after-school pro21 grams and opportunities, training for teachers re22 garding how to identify students that require addi23 tional assistance, and training for teachers regarding

24 how to implement performance standards in the class25 room; and
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1 ‘‘(iv) if the school is eligible to operate a

2 schoolwide program under section 1114, why it chose

3 not to do so.

4 ‘‘(B) Plans developed before a State has adopted stand5 ards and a set of assessments that meet the criteria of sec6 tion 1111(b) (1) and (3) shall be based on an analysis of

7 available data on the achievement of participating children

8 and a review of the school’s instructional practices in the

9 context of available research on effective instructional prac10 tices.

11 ‘‘(C) Each plan shall be—

12 ‘‘(i) developed with the involvement of the com13 munity to be served and the individuals who will

14 carry it out, including teachers, administrators, other

15 staff, parents, representatives from business and in16 dustry, and, if the plan relates to a secondary school,

17 students from the school;

18 ‘‘(ii) approved by the local educational agency

19 and made available to parents and the information

20 contained therein translated, to the extent feasible,

21 into any language that a significant percentage of the

22 parents of participating children in the school speak

23 as their primary language; and

24 ‘‘(iii) reviewed and revised, as necessary, by the

25 school.
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1 ‘‘(d) ASSIGNMENT OF PERSONNEL.—To promote the

2 integration of staff paid with funds under this part and

3 children served under this part into the regular school pro4 gram and overall school planning and improvement efforts,

5 public school personnel who are paid with funds received

6 under this part may—

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

8 similar personnel who are not so paid, including du9 ties beyond classroom instruction or that do not bene10 fit participating children so long as the amount of

11 time spent on such duties is the same proportion of

12 total work time as prevails with respect to similar

13 personnel at the same school;

14 ‘‘(2) participate in general professional develop15 ment and school planning activities; and

16 ‘‘(3) collaboratively teach with regular classroom

17 teachers, so long as their efforts directly benefit par18 ticipating children.

19 ‘‘SEC. 1116. ASSESSMENT AND SCHOOL AND LOCAL EDU20 CATIONAL AGENCY IMPROVEMENT.

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

22 receiving funds under this part shall—

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

24 State plan and any additional measures described in

25 the local educational agency’s plan to review annu-
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1 ally the progress of each school served under this part

2 to determine whether the school is meeting, or making

3 adequate progress as defined in section

4 1111(b)(2)(A)(i) or section 1112(b)(2), as appro5 priate, toward enabling its students to meet, the

6 State’s performance standards;

7 ‘‘(2) review annually the progress of each school

8 which receives funds under this title in meeting State

9 opportunity-to-learn standards;

10 ‘‘(3) publicize and disseminate to teachers, par11 ents, students, and the community the results of the

12 annual review under paragraphs (1) and (2) of all

13 schools served under this part in individual school

14 performance profiles that include disaggregated re15 sults as required by section 1111(b)(3)(G); and

16 ‘‘(4) provide the results of the local annual re17 view to schools so that they can continually refine the

18 program of instruction to help all children in such

19 schools to meet the State’s high performance stand20 ards.

21 ‘‘(b) DESIGNATION OF DISTINGUISHED SCHOOLS.—

22 Each State educational agency and local educational agen23 cy receiving funds under this part shall designate distin24 guished schools in accordance with section 1117.
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1 ‘‘(c) SCHOOL IMPROVEMENT.—(1) A local educational

2 agency shall identify for school improvement any school

3 served under this part that—

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

5 section 1021 of chapter 1 of title I of the Elementary

6 and Secondary Education Act of 1965, as in effect be7 fore the effective date of the Improving America’s

8 Schools Act of 1994, for at least two consecutive school

9 years prior to such date;

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

11 in the State’s plan under section 1111(b)(2)(A)(i) or

12 section 1112(b)(2), as appropriate, for two consecutive

13 school years; or

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

15 the State through its interim procedure under section

16 1111(b)(5)(C) for two consecutive years.

17 ‘‘(2) A school shall not be identified for school improve18 ment if virtually all its students meet the State’s advanced

19 performance standards.

20 ‘‘(3)(A) Each school identified under paragraph (1)

21 shall—

22 ‘‘(i) in consultation with parents, the local edu23 cational agency, and, for schoolwide programs, the

24 school support team, revise its school plan under sec25 tion 1114 or 1115 in ways that have the greatest like-
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1 lihood of improving the performance of participating

2 children in meeting the State’s performance stand3 ards; and

4 ‘‘(ii) submit the revised plan to the local edu5 cational agency for approval.

6 ‘‘(B) Before identifying a school for program improve7 ment under paragraph (1), the local educational agency

8 shall provide the school with an opportunity to review the

9 school-level data, including assessment data, on which such

10 identification would be based. If the school believes that its

11 identification for school improvement would be in error, it

12 may provide evidence to the local educational agency to

13 support such belief.

14 ‘‘(C) During the first year immediately following iden15 tification under paragraph (1), the school shall implement

16 its revised plan.

17 ‘‘(4) For each school identified under paragraph (1),

18 the local educational agency shall make technical assistance

19 available as the school determines why the school’s plan

20 failed to bring about increased achievement and develop

21 and implement its revised plan. Such technical assistance

22 may be provided directly by the local educational agency,

23 through mechanisms authorized under section 1117, or by

24 an institution of higher education, a private nonprofit or25 ganization, an educational service agency, Federal technical
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1 assistance centers under part D of title II of this Act, or

2 other entities with experience in helping schools improve

3 achievement.

4 ‘‘(5)(A) After providing technical assistance pursuant

5 to paragraph (4) and other remediation measures, the local

6 educational agency may take corrective action at any time

7 against a school that has been identified under paragraph

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

9 under paragraph (1), shall take such action against any

10 school that still fails to make adequate progress.

11 ‘‘(B) Corrective actions are those listed in the local

12 educational agency plan adopted in compliance with State

13 law, which may include decreasing decisionmaking author14 ity at the school level, making alternative governance ar15 rangements such as the creation of a charter school, recon16 stituting the school staff; and authorizing students to trans17 fer, including paying transportation costs to other schools

18 in the local educational agency.

19 ‘‘(6) The State educational agency shall—

20 ‘‘(A) make technical assistance under section

21 1117 available to the schools furthest from meeting the

22 State’s standards, if requested by the school or local

23 educational agency; and

24 ‘‘(B) if it determines that a local educational

25 agency failed to carry out its responsibility under
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1 paragraphs (4) and (5), take such corrective actions

2 that it deems appropriate.

3 ‘‘(7) Schools that for at least two of the three years

4 following identification under paragraph (1) make ade5 quate progress toward meeting the State’s ‘proficient’ and

6 ‘advanced’ performance standards no longer need to be

7 identified for school improvement.

8 ‘‘(d) STATE REVIEW AND LOCAL EDUCATIONAL AGEN9 CY IMPROVEMENT.—(1) A State educational agency shall—

10 ‘‘(A) annually review the progress of each local

11 educational agency receiving funds under this part to

12 determine whether all students in schools receiving as13 sistance under this part are making adequate progress

14 as defined in section 1111(b)(2)(A)(ii) or section

15 1112(b)(2), as appropriate, toward meeting the

16 State’s performance standards; and

17 ‘‘(B) publicize and disseminate to teachers, par18 ents, students, and the community the results of the

19 State review, including disaggregated results, as re20 quired by section 1111(b)(3)(G).

21 ‘‘(2) In the case of a local educational agency that for

22 three consecutive years has a school or schools receiving as23 sistance under this part which have exceeded the State’s def24 inition of adequate progress as defined in section

25 1111(b)(2)(A)(ii) or section 1112(b)(2), as appropriate, the
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1 State may make institutional and individual rewards of

2 the kinds described for individual schools in subsection

3 1117(c)(2)(B).

4 ‘‘(3) A State educational agency shall identify for im5 provement any local educational agency that—

6 ‘‘(A) for two consecutive years, has a school or

7 schools receiving assistance under this part that are

8 not making adequate progress as defined in section

9 1111(b)(2)(A)(ii) or section 1112(b)(2), as appro10 priate, toward meeting the State’s performance stand11 ards; or

12 ‘‘(B) has failed to meet the criteria established by

13 the State through its interim procedure under section

14 1111(b)(8)(A) for two consecutive years.

15 ‘‘(4) Each local educational agency identified under

16 paragraph (3) shall, in consultation with schools, parents,

17 and educational experts, revise its local educational agency

18 plan under section 1112 in ways that have the greatest like19 lihood of improving the performance of its schools in meet20 ing the State’s performance standards.

21 ‘‘(5) For each local educational agency identified

22 under paragraph (3), the State educational agency shall—

23 ‘‘(A) determine why the local educational agen24 cy’s plan failed to bring about increased achievement;
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1 ‘‘(B) provide technical assistance, if requested, as

2 authorized under section 1117 to better enable the

3 local educational agency to develop and implement its

4 revised plan and work with schools needing improve5 ment; and

6 ‘‘(C) make available to the local educational

7 agencies furthest from meeting the State’s standards,

8 if requested, assistance under section 1117.

9 Technical assistance under subparagraph (B) may be pro10 vided by the State educational agency directly, or by an

11 institution of higher education, a private nonprofit organi12 zation, an educational service agency or other local consor13 tium, a technical assistance center, or other entities with

14 experience in assisting local education agencies improve

15 achievement.

16 ‘‘(6)(A) After providing technical assistance pursuant

17 to paragraph (5) and other remediation measures, the State

18 educational agency may take corrective action at any time

19 against a local educational agency that has been identified

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

21 identification under paragraph (3), shall take such action

22 against any local educational agency that still fails to make

23 adequate progress.

24 ‘‘(B) Corrective actions are those listed in the State

25 educational agency plan adopted in compliance with State
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1 law, which may include reconstitution of district personnel,

2 appointment by the State educational agency of a receiver

3 or trustee to administer the affairs of the local educational

4 agency in place of the superintendent and school board, re5 moval of particular schools from the jurisdiction of the local

6 educational agency and establishment of alternative ar7 rangements for governing and supervising such schools, the

8 abolition or restructuring of the local educational agency,

9 and the authorizing of students to transfer from 1 local edu10 cational agency to another.

11 ‘‘(7) Local educational agencies that for at least two

12 of the three years following identification under paragraph

13 (3) make adequate progress toward meeting the State’s

14 standards no longer need to be identified for local edu15 cational agency improvement.

16 ‘‘(e) STATE ALLOCATIONS FOR SCHOOL IMPROVE17 MENT.—From the amount appropriated under section

18 1002(6) for any fiscal year, each State shall be eligible to

19 receive an amount that bears the same ratio to the amount

20 appropriated as the amount allocated to the State under

21 sections 1124, 1124A, and 1125 bears to the total amount

22 allocated to all States under such sections, except that each

23 State shall receive at least $180,000, or $30,000 in the case

24 of Guam, American Samoa, the Virgin Islands, the North-
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1 ern Marianas, and Palau (until the Compact of Free Asso2 ciation goes into effect).

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

4 IMPROVEMENT.

5 ‘‘(a) SYSTEM FOR SUPPORT.—(1) Each State edu6 cational agency shall establish a statewide system of inten7 sive and sustained support and improvement for schools re8 ceiving funds under this title, including all schoolwide pro9 grams and all schools in need of program improvement, in

10 order to increase the opportunity for all students in such

11 schools to meet the State’s content and performance stand12 ards and opportunity-to-learn standards.

13 ‘‘(2) Funds appropriated pursuant to section 1002(6)

14 shall be used to meet the requirements of this section. In

15 addition and notwithstanding section 1002(1), a State or

16 local educational agency may use funds made available

17 under section 1002(1) and other available funds to meet

18 such requirements.

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

20 shall be linked to and receive support and assistance from

21 the regional technical assistance centers authorized under

22 part D of title II and the regional labs authorized under

23 section 205 of the General Education Provisions Act.

24 ‘‘(c) PROVISIONS.—The system shall include at a mini25 mum the following:
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1 ‘‘(1) SCHOOL SUPPORT TEAMS.—

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

3 educational agencies, shall establish a system of

4 school support teams to provide information and

5 assistance to each schoolwide program and to as6 sist such program in providing an opportunity

7 to all students to meet the State’s performance

8 standards.

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

10 individuals with experience in successfully im11 proving the educational opportunities for low

12 achieving students, especially individuals identi13 fied in paragraph (3), and individuals knowl14 edgeable about research and practice on teaching

15 and learning, including alternative and applied

16 learning, especially for low achieving students.

17 ‘‘(C) A school support team shall work with

18 each school as it develops its schoolwide program

19 plan, review each plan, and make recommenda20 tions to the school and the local educational

21 agency.

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

23 programs, a school support team shall periodi24 cally review the progress of the school in ena25 bling children in the school to meet the State’s
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1 performance standards, identify problems in the

2 design and operation of the instructional pro3 gram, and make suggestions for the improvement

4 to the school and the local educational agency.

5 ‘‘(2) DISTINGUISHED SCHOOLS.—

6 ‘‘(A) Each State shall designate as a distin7 guished school any school served under this part

8 which, for 3 consecutive years, has exceeded the

9 State’s definition of adequate progress as defined

10 in section 1111(b)(2), and, any school in which

11 virtually all students have met the State’s ad12 vanced performance standards and in which eq13 uity in participation and achievement of stu14 dents by sex has been achieved or significantly

15 improved.

16 ‘‘(B) Schools designated under this para17 graph may serve as models and provide support

18 to other schools, especially schoolwide programs

19 and schools in program improvement, to assist

20 such schools in meeting the State’s performance

21 standards.

22 ‘‘(C) States shall use funds available under

23 section 1002(6) to allow schools identified under

24 this paragraph to carry out the activities de25 scribed in subparagraph (B) and may use such
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1 funds to provide awards to such schools to fur2 ther their education programs under this part,

3 provide additional incentives for continued suc4 cess, and reward individuals or groups in the

5 school for exemplary performance.

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

7 recognize the success of a distinguished school by

8 providing additional institutional and individ9 ual rewards, such as greater decisionmaking au10 thority at the school building level, increased ac11 cess to resources or supplemental services such as

12 summer programs that may be used to sustain or

13 increase success, additional professional develop14 ment opportunities, opportunities to participate

15 in special projects, and individual financial

16 bonuses.

17 ‘‘(3) DISTINGUISHED EDUCATORS.—

18 ‘‘(A) In order to provide assistance to

19 schools and local educational agencies identified

20 as needing improvement or schoolwide programs,

21 each State, in consultation with local edu22 cational agencies and using funds available

23 under section 1002(6), shall establish a corps of

24 distinguished educators.
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1 ‘‘(B) When possible, distinguished educators

2 shall be chosen from schools served under this

3 part that have been especially successful in ena4 bling children to meet or make outstanding

5 progress toward meeting the State’s performance

6 standards, such as the schools described in para7 graph (2).

8 ‘‘(C) Distinguished educators shall provide,

9 as part of the statewide system, intensive and

10 sustained assistance to the schools and local edu11 cational agencies furthest from meeting the

12 State’s standards and schoolwide programs as

13 they develop and implement their plans, includ14 ing participation in the support teams described

15 in paragraph (1).

16 ‘‘(d) In order to implement this section, funds under

17 section 1002(6) may be used by a State for release time

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

19 related costs.

20 ‘‘(e) ALTERNATIVES.—If a State has devised alter21 native or additional approaches to providing the assistance

22 described in paragraphs (1) and (3) of subsection (c), such

23 as providing assistance through institutions of higher edu24 cation and educational service agencies or other local con25 sortia, the State may seek approval from the Secretary to
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1 use funds authorized in section 1002(6) for such approaches

2 as part of the State plan.

3 ‘‘SEC. 1118. PARENTAL INVOLVEMENT.

4 ‘‘(a) IN GENERAL.—A local educational agency may

5 receive funds under this part only if it implements pro6 grams, activities, and procedures for the involvement of

7 parents in programs assisted under this title. Such activi8 ties shall be planned and implemented with meaningful

9 consultation with parents of participating children.

10 ‘‘(b) LOCAL EDUCATIONAL AGENCY POLICY.—(1) Each

11 local educational agency that receives funds under this part

12 shall develop jointly with, and make available to, parents

13 of participating children a written parental involvement

14 policy that is incorporated into the local educational agen15 cy’s plan developed under section 1112, establishes the ex16 pectations for parental involvement, and describes how the

17 local educational agency will—

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

19 plan described under section 1112, and the process of

20 school review and improvement described under sec21 tion 1116;

22 ‘‘(B) provide the coordination, technical assist23 ance, and other support necessary to assist partici24 pating schools in planning and implementing effec25 tive parent involvement;
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1 ‘‘(C) build the schools’ and parents’ capacity for

2 strong parent involvement as described in subsection

3 (f);

4 ‘‘(D) coordinate and integrate parental involve5 ment strategies in this part with parental involve6 ment strategies under other programs, including

7 Head Start, Even Start, and State-run preschool pro8 grams;

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

10 an annual evaluation of the content and effectiveness

11 of the parental involvement policy developed under

12 this section in increasing the participation of parents

13 to identify barriers to greater participation by par14 ents in activities authorized by this section, giving

15 particular attention to parents who are economically

16 disadvantaged, are disabled, have limited-English

17 proficiency, have limited literacy, or are of any racial

18 or ethnic minority background and use the findings

19 of such reviews in designing strategies for school im20 provement.

21 ‘‘(2) If the local educational agency has an agency22 wide parental involvement policy that applies to all par23 ents, it may amend such policy, if necessary, to meet the

24 requirements of this subsection.
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1 ‘‘(3) Each local educational agency shall reserve not

2 less than 1 percent of its allocation under this part for the

3 purposes of carrying out this section, including family lit4 eracy and parenting skills.

5 ‘‘(c) SCHOOL PARENTAL INVOLVEMENT PLAN.—(1)

6 Each school served under this part shall jointly develop

7 with, and make available to, parents of participating chil8 dren a written parental involvement plan that shall be in9 corporated into the school plan developed under section

10 1114 or 1115 and shall describe the means for carrying out

11 the requirements of subsections (c) through (f).

12 ‘‘(2) If the school has a parental involvement policy

13 that applies to all parents, it may amend such policy, if

14 necessary, to meet the requirements of this subsection.

15 ‘‘(d) POLICY INVOLVEMENT.—Each school served under

16 this part shall—

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

18 time, to which all parents of participating children

19 shall be invited and encouraged to attend, to inform

20 parents of the school’s participation under this part

21 and to explain this part, its requirements, and the

22 parent’s right to be involved;

23 ‘‘(2) involve parents, in an organized, ongoing,

24 and timely way, in the planning, review, and im25 provement of programs under this part, including the
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1 development of the school plan under section 1114 or

2 1115 or if a school has in place a process for involv3 ing parents in the planning and design of its pro4 grams, the school may use such process, provided that

5 the process includes an adequate representation of

6 parents of participating children; and

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

8 ‘‘(A) timely information about programs

9 under this part;

10 ‘‘(B) school performance profiles required

11 under section 1116(a)(2) and individual student

12 assessment results, including an interpretation of

13 such results, required under section 1111(b)(3);

14 ‘‘(C) opportunities for regular meetings to

15 formulate suggestions, if such parents so desire;

16 and

17 ‘‘(D) timely responses to parents’ rec18 ommendations.

19 ‘‘(e) SHARED RESPONSIBILITIES FOR HIGH STUDENT

20 PERFORMANCE.—As a component of the school-level paren21 tal involvement plan developed under subsection (b), each

22 school served under this part shall jointly develop with par23 ents for all children a school-parent compact that outlines

24 how parents, the entire school staff, and students will share

25 the responsibility for improved student achievement and the
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1 means by which the school and parents will build and de2 velop a partnership to help children achieve the State’s high

3 standards. Such compact shall—

4 ‘‘(1) describe the school’s responsibility to pro5 vide high-quality curriculum and instruction in a

6 supportive and effective learning environment that

7 enable the children to meet the State’s challenging

8 performance standards, and the ways in which each

9 parent will be responsible for supporting his or her

10 children’s learning, including monitoring attendance,

11 homework completion, television watching, and posi12 tive use of extracurricular time; and

13 ‘‘(2) address the importance of communication

14 between teachers and parents on an ongoing basis

15 through at a minimum—

16 ‘‘(A) parent-teacher conferences in elemen17 tary schools, at least annually, during which the

18 compact shall be discussed as it relates to the in19 dividual child’s achievement;

20 ‘‘(B) frequent reports to parents on their

21 children’s progress; and

22 ‘‘(C) reasonable access to staff and observa23 tion of classroom activities.

24 ‘‘(f) BUILDING CAPACITY FOR INVOLVEMENT.—To en25 sure effective involvement of parents and to support a part-
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1 nership among the school, parents, and the community to

2 improve student achievement, each school and local edu3 cational agency—

4 ‘‘(1) shall provide assistance to participating

5 parents in such areas as understanding the National

6 Education Goals, the State’s content and performance

7 standards, opportunity-to-learn standards, State and

8 local assessments, the requirements of this part, and

9 how to monitor a child’s progress and work with edu10 cators to improve the performance of their children;

11 ‘‘(2) shall provide materials and training, in12 cluding—

13 ‘‘(A) coordinating necessary literacy train14 ing from other sources to help parents work with

15 their children to improve their children’s

16 achievement; and

17 ‘‘(B) training to enable parents to work

18 more effectively with teachers, schools, and school

19 systems;

20 ‘‘(3) shall educate teachers, principals, and other

21 staff in the value and utility of contributions of par22 ents, and in how to reach out to, communicate with,

23 and work with parents as equal partners, implement

24 and coordinate parent programs, and build ties be25 tween home and school;
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1 ‘‘(4) shall develop appropriate roles for commu2 nity-based organizations and businesses in parent in3 volvement activities, including providing information

4 about opportunities for them to work with parents

5 and schools, and encouraging the formation of part6 nerships between elementary, middle, and secondary

7 schools and local businesses that include a role for

8 parents;

9 ‘‘(5) shall ensure, to the extent possible, that in10 formation related to school and parent programs,

11 meetings, and other activities is sent to the homes of

12 participating children in the language used in such

13 homes;

14 ‘‘(6) shall involve parents in the development of

15 training for teachers, principals, and other educators

16 for the purpose of improving the effectiveness of such

17 training in improving instruction and services to the

18 children of such parents;

19 ‘‘(7) may provide necessary literacy training

20 from funds received under this part if the local edu21 cational agency has exhausted all other reasonably

22 available sources of funding for such activities;

23 ‘‘(8) may pay reasonable and necessary expenses

24 associated with local parental involvement activities,

25 including transportation and child care costs to en-
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1 able parents to participate in school-related meetings

2 and training sessions;

3 ‘‘(9) may coordinate and integrate parent in4 volvement programs and activities with Head Start,

5 Even Start, and State-run preschool programs;

6 ‘‘(10) may train and support parents to enhance

7 the involvement of other parents;

8 ‘‘(11) may arrange meetings at a variety of

9 times, such as in the mornings and evenings in order

10 to maximize opportunities of parents to participate

11 in school related activities;

12 ‘‘(12) may arrange for teachers or other edu13 cators, who work directly with participating children,

14 to conduct in-home conferences with parents who are

15 unable to attend such conferences at school; and

16 ‘‘(13) may adopt and implement model ap17 proaches to improving parental involvement such as

18 Even Start.

19 ‘‘(g) ACCESSIBILITY.—In carrying out the parental in20 volvement requirements of this part, local educational agen21 cies and schools shall, to the extent practicable, ensure that

22 parents of limited-English proficient children or disabled

23 children are afforded the same access to parental involve24 ment opportunities as their children are afforded to other

25 programs funded under this part, including the provision
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1 of information in a language and form that the parents

2 of such children can understand.

3 ‘‘SEC. 1119. PROFESSIONAL DEVELOPMENT.

4 ‘‘(a) PROGRAM REQUIREMENTS.—(1) Local edu5 cational agencies receiving assistance under this part shall

6 provide high-quality, sustained professional development

7 that will improve the teaching of the core academic subjects,

8 consistent with the State content standards, in order to en9 able all children to meet the State’s performance standards.

10 ‘‘(2) Professional development activities shall be de11 signed by teachers and other school staff in schools receiving

12 assistance under this part.

13 ‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—

14 ‘‘(1) Professional development activities shall—

15 ‘‘(A) support instructional practices that

16 are geared to challenging State content standards

17 and create a school environment conducive to

18 high achievement in the core academic subjects;

19 ‘‘(B) support local educational agency plans

20 under section 1112 and school plans under sec21 tions 1114 and 1115;

22 ‘‘(C) draw on resources available under this

23 part, title III of the Goals 2000: Educate Amer24 ican Act, part A of title II of this Act, and from

25 other sources;
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1 ‘‘(D) where appropriate, include strategies

2 for developing curricula and teaching methods

3 that integrate academic and vocational instruc4 tion (including applied learning and team teach5 ing strategies); and

6 ‘‘(E) include strategies for identifying and

7 eliminating gender and racial bias in instruc8 tional materials, methods, and practices.

9 (2) Professional development activities may in10 clude—

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

12 ‘‘(B) instruction in ways that teachers,

13 principals, and school administrators may work

14 more effectively with parents;

15 ‘‘(C) the forming of partnerships with insti16 tutions of higher education to establish school17 based teacher training programs that provide

18 prospective teachers and novice teachers with an

19 opportunity to work under the guidance of expe20 rienced teachers and college faculty;

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

22 ‘‘(E) the creation of career ladder programs

23 for paraprofessionals (assisting teachers under

24 this part) to obtain the education necessary for

25 them to become licensed and certified teachers;
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1 ‘‘(F) instruction in ways to teach special

2 needs children;

3 ‘‘(G) instruction in gender-equitable edu4 cation methods, techniques, and practices;

5 ‘‘(H) joint professional development activi6 ties involving programs under this part, Head

7 Start, Even Start, or State-run preschool pro8 gram personnel; and

9 ‘‘(I) instruction in experiential-based teach10 ing methods such as service learning.

11 ‘‘(c) PROGRAM REQUIREMENTS.—Programs should be

12 designed so that—

13 ‘‘(1) all school staff in schoolwide program

14 schools can participate in professional development

15 activities;

16 ‘‘(2) all school staff in targeted assistance schools

17 may participate in professional development activi18 ties if such participation will result in better address19 ing the needs of students served under this part.

20 ‘‘(d) PARENTAL PARTICIPATION.—Parents may par21 ticipate in professional development activities under this

22 part if the school determines that parental participation

23 would be appropriate.

24 ‘‘(e) CONSORTIA.—In carrying out such professional

25 development programs, local educational agencies may pro-
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1 vide such services through consortia arrangements with

2 other local educational agencies, educational service agen3 cies or other local consortia, institutions of higher education

4 or other public or private institutions or organizations.

5 ‘‘(f) EFFECTIVE TEACHING STRATEGIES.—Knowledge

6 of effective teaching strategies that is gained through profes7 sional development activities under this section may be

8 shared with teachers who are not participating in

9 schoolwide or targeted assistance programs under this part.

10 ‘‘(g) COMBINATIONS OF FUNDS.—Funds provided

11 under this part that are used for professional development

12 purposes may be combined with funds provided under part

13 A of title II of this Act, title III of the Goals 2000: Educate

14 America Act, and other sources.

15 ‘‘(h)(1) The State educational agency shall review the

16 local educational agency’s plan to determine if such agen17 cy’s professional development activities—

18 ‘‘(A) are tied to challenging State student con19 tent and performance standards and opportunity-to20 learn standards;

21 ‘‘(B) reflect recent research on teaching and

22 learning;

23 ‘‘(C) are of sufficient intensity and duration to

24 have a positive impact on the teacher’s performance

25 in the classroom;
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1 ‘‘(D) are part of the everyday activities of the

2 school and create an orientation toward continuous

3 improvement in the classroom or throughout the

4 school;

5 ‘‘(E) include methods to teach children with spe6 cial needs;

7 ‘‘(F) are developed with the extensive participa8 tion of teachers; and

9 ‘‘(G) include gender-equitable education methods,

10 techniques, and practices.

11 ‘‘(2) If a local educational agency’s plan for profes12 sional development does not meet such criteria, the State

13 educational agency shall assist such local educational agen14 cies in making progress toward inclusion of such elements

15 in the local educational agency’s professional development

16 activities.

17 ‘‘(i) INSTRUCTIONAL AIDES.—(1) If a local edu18 cational agency uses funds received under this part to em19 ploy instructional aides, the local educational agency shall

20 ensure that such aides—

21 ‘‘(A) possess the knowledge and skills sufficient to

22 assist participating children in meeting the edu23 cational goals of this part;
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1 ‘‘(B)(i) have a high school diploma, a General

2 Education Development certificate, or earn either

3 within 2 years of employment, except that

4 ‘‘(ii) a local educational agency may employ an

5 instructional aide that does not meet the requirement

6 in clause (i) if such aide possesses proficiency in a

7 language other than English that is needed to enhance

8 the participation of children in programs under this

9 part; and

10 ‘‘(C) are under the direct supervision of a teach11 er who has primary responsibility for providing in12 structional services to eligible children.

13 ‘‘(2) Local educational agencies receiving funds under

14 this part shall include instructional aides in professional

15 development activities.

16 ‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN

17 PRIVATE SCHOOLS.

18 ‘‘(a) GENERAL REQUIREMENT.—(1) To the extent con19 sistent with the number of eligible children identified under

20 section 1115(b) in a local educational agency who are en21 rolled in private elementary and secondary schools, a local

22 educational agency shall, after timely and meaningful con23 sultation with appropriate private school officials, provide

24 such children, on an equitable basis, special educational

25 services or other benefits under this part (such as dual en-
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1 rollment, educational radio and television, computer equip2 ment and materials, other technology, and mobile edu3 cational services and equipment).

4 ‘‘(2) The educational services or other benefits, includ5 ing materials and equipment, must be secular, neutral, and

6 nonideological.

7 ‘‘(3) Educational services and other benefits for such

8 private school children shall be equitable in comparison to

9 services and other benefits for public school children partici10 pating under this part.

11 ‘‘(4) Expenditures for educational services and other

12 benefits to eligible private school children shall be equal to

13 the proportion of funds allocated to participating school at14 tendance areas based on the number of children from low15 income families who attend private schools.

16 ‘‘(5) The local educational agency may provide such

17 services directly or through contracts with public and pri18 vate agencies, organizations, and institutions.

19 ‘‘(b) PUBLIC CONTROL OF FUNDS.—(1) The control of

20 funds provided under this part, and title to materials,

21 equipment, and property purchased with such funds, shall

22 be in a public agency, and a public agency shall administer

23 such funds and property.

24 ‘‘(2)(A) The provision of services under this section

25 shall be provided—
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1 ‘‘(i) by employees of a public agency; or

2 ‘‘(ii) through contract by such public agency

3 with an individual, association, agency, or organiza4 tion.

5 ‘‘(B) In the provision of such services, such employee,

6 person, association, agency, or organization shall be inde7 pendent of such private school and of any religious organi8 zation, and such employment or contract shall be under the

9 control and supervision of such public agency.

10 ‘‘(c) STANDARDS FOR A BYPASS.—If a local edu11 cational agency is prohibited by law from providing for the

12 participation on an equitable basis of eligible children en13 rolled in private elementary and secondary schools or if the

14 Secretary determines that a local educational agency has

15 substantially failed or is unwilling to provide for such par16 ticipation, as required by this section, the Secretary shall—

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

18 such local educational agency; and

19 ‘‘(2) arrange for the provision of services to such

20 children through arrangements that shall be subject to

21 the requirements of this section and sections 9505 and

22 9506 of this Act.

23 ‘‘(d) CAPITAL EXPENSES.—(1)(A) From the amount

24 appropriated for this subsection under section 1002(5) for

25 any fiscal year, each State is eligible to receive an amount
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1 that bears the same ratio to the amount so appropriated

2 as the number of private school children who received serv3 ices under this part in the State in the most recent year

4 for which data satisfactory to the Secretary are available

5 bears to the number of such children in all States in that

6 same year.

7 ‘‘(B) The Secretary shall reallocate any amounts allo8 cated under subparagraph (A) that are not used by a State

9 for the purpose of this subsection to other States on the basis

10 of their respective needs, as determined by the Secretary.

11 ‘‘(2)(A) A local educational agency may apply to the

12 State educational agency for payments for capital expenses

13 consistent with this subsection.

14 ‘‘(B) State educational agencies shall distribute such

15 funds to local educational agencies based on the degree of

16 need set forth in their respective applications.

17 ‘‘(3) Any funds appropriated to carry out this sub18 section shall be used only for capital expenses incurred to

19 provide equitable services for private school children under

20 this section.

21 ‘‘(4) For the purpose of this subsection, the term ‘cap22 ital expenses’ is limited to—

23 ‘‘(A) expenditures for noninstructional goods and

24 services, such as the purchase, lease, or renovation of

25 real and personal property, including, but not limited
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1 to, mobile educational units and leasing of neutral

2 sites or spaces;

3 ‘‘(B) insurance and maintenance costs;

4 ‘‘(C) transportation; and

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

6 ‘‘SEC. 1121. FISCAL REQUIREMENTS.

7 ‘‘(a) MAINTENANCE OF EFFORT.—A local educational

8 agency may receive funds under this part for any fiscal

9 year only if the State educational agency finds that the

10 local educational agency has maintained its fiscal effort in

11 accordance with section 9501 of this Act, including such

12 effort for professional development activities.

13 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP14 PLANT, NON-FEDERAL FUNDS.—(1)(A) Except as provided

15 in subparagraph (B), a State or local educational agency

16 shall use funds received under this part only to supplement

17 the amount of funds that would, in the absence of such Fed18 eral funds, be made available from non-Federal sources for

19 the education of pupils participating in programs assisted

20 under this part, and not to supplant such funds.

21 ‘‘(B) For the purpose of complying with subparagraph

22 (A), a State or local educational agency may exclude sup23 plemental State and local funds expended in any eligible

24 school attendance area or school for programs that meet the

25 requirements of section 1114 or 1115.
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1 ‘‘(2) No local educational agency shall be required to

2 provide services under this part through a particular in3 structional method or in a particular instructional setting

4 in order to demonstrate its compliance with paragraph (1).

5 ‘‘(c) COMPARABILITY OF SERVICES.—(1)(A) Except as

6 provided in paragraphs (4) and (5), a local educational

7 agency may receive funds under this part only if State and

8 local funds will be used in schools served under this part

9 to provide services that, taken as a whole, are at least com10 parable to services in schools that are not receiving funds

11 under this part.

12 ‘‘(B) If the local educational agency is serving all of

13 its schools under this part, such agency may receive funds

14 under this part only if it will use State and local funds

15 to provide services that, taken as a whole, are substantially

16 comparable in each school.

17 ‘‘(C) A local educational agency may meet the require18 ments of subparagraphs (A) and (B) on a grade-span by

19 grade-span basis or a school-by-school basis.

20 ‘‘(2)(A) To meet the requirements of paragraph (1),

21 a local educational agency shall demonstrate that—

22 ‘‘(i) expenditures per pupil from State and local

23 funds in each school served under this part are equal

24 to or greater than the average expenditures per pupil

25 in schools not receiving services under this part; or
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1 ‘‘(ii) instructional salaries per pupil from State

2 and local funds in each school served under this part

3 are equal or greater than the average instructional

4 salaries per pupil in schools not receiving services.

5 ‘‘(B) A local educational agency need not include un6 predictable changes in student enrollment or personnel as7 signments that occur after the beginning of a school year

8 in determining comparability of services under this sub9 section.

10 ‘‘(3) Each local educational agency shall—

11 ‘‘(A) develop procedures for compliance with this

12 subsection; and

13 ‘‘(B) maintain records that are updated bienni14 ally documenting its compliance.

15 ‘‘(4) This subsection shall not apply to a local edu16 cational agency that does not have more than one building

17 for each grade span.

18 ‘‘(5) For the purpose of determining compliance with

19 paragraph (1), a local educational agency may exclude

20 State and local funds expended for—

21 ‘‘(A) bilingual education for children of limited

22 English proficiency; and

23 ‘‘(B) excess costs of providing services to children

24 with disabilities.
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1 ‘‘Subpart 2—Allocations

2 ‘‘SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE

3 SECRETARY OF THE INTERIOR.

4 ‘‘(a) RESERVATION OF FUNDS.—From the amount ap5 propriated for payments to States for any fiscal year under

6 section 1002(a), the Secretary shall reserve a total of 1 per7 cent to provide assistance to—

8 ‘‘(1) the outlying areas on the basis of their re9 spective need for such assistance according to such

10 criteria as the Secretary determines will best carry

11 out the purpose of this part; and

12 ‘‘(2) the Secretary of the Interior in the amount

13 necessary to make payments pursuant to subsection

14 (b).

15 ‘‘(b) ALLOTMENT TO THE SECRETARY OF THE INTE16 RIOR.—

17 ‘‘(1) The amount allotted for payments to the

18 Secretary of the Interior under subsection (a)(2) for

19 any fiscal year shall be, as determined pursuant to

20 criteria established by the Secretary, the amount nec21 essary to meet the special educational needs of—

22 ‘‘(A) Indian children on reservations served

23 by elementary and secondary schools for Indian

24 children operated or supported by the Depart25 ment of the Interior; and
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1 ‘‘(B) out-of-State Indian children in ele2 mentary and secondary schools in local edu3 cational agencies under special contracts with

4 the Department of the Interior.

5 ‘‘(2) From the amount allotted for payments to

6 the Secretary of the Interior under subsection (a)(2),

7 the Secretary of the Interior shall make payments to

8 local educational agencies, upon such terms as the

9 Secretary of Education determines will best carry out

10 the purposes of this part, with respect to out-of-State

11 Indian children described in paragraph (1). The

12 amount of such payment may not exceed, for each

13 such child, the greater of—

14 ‘‘(A) 40 percent of the average per-pupil ex15 penditure in the State in which the agency is lo16 cated; or

17 ‘‘(B) 48 percent of such expenditure in the

18 United States.

19 ‘‘SEC. 1123. ALLOCATIONS TO STATES.

20 ‘‘(a) GENERAL.—For each fiscal year, an amount of

21 the appropriations for this part equal to the appropriation

22 for fiscal year 1994 for part A of chapter 1, title I, Elemen23 tary and Secondary Education Act, shall be allocated in

24 accordance with sections 1124 and 1124A. Any additional

25 appropriations for this part for any fiscal year, after appli-
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1 cation of the preceding sentence, shall be allocated in ac2 cordance with section 1125.

3 ‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP4 PROPRIATIONS.—

5 ‘‘(1) If the sums available under this part for

6 any fiscal year are insufficient to pay the full

7 amounts that all local educational agencies in States

8 are eligible to receive under sections 1124, 1124A, and

9 1125 for such year, the Secretary shall ratably reduce

10 the allocations to such local educational agencies, sub11 ject to subsections (c) and (d) of this section.

12 ‘‘(2) If additional funds become available for

13 making payments under sections 1124, 1124A, and

14 1125 for such fiscal year, allocations that were re15 duced under paragraph (1) shall be increased on the

16 same basis as they were reduced.

17 ‘‘(c) HOLD-HARMLESS AMOUNTS.—Notwithstanding

18 subsection (b), the total amount made available to each local

19 educational agency under each of sections 1124 and 1125

20 for any fiscal year shall be at least 85 percent of the total

21 amount such local educational agency was allocated under

22 such sections (or, for fiscal year 1995, their predecessor au23 thorities) for the preceding fiscal year.

24 ‘‘(d) DEFINITION.—For the purpose of this section and

25 sections 1124 and 1125, the term State means each of the
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1 50 States, the District of Columbia, and the Commonwealth

2 of Puerto Rico.

3 ‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN4 CIES.

5 ‘‘(a) AMOUNT OF GRANTS.—

6 ‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN7 CIES AND PUERTO RICO.—

8 ‘‘(A) The grant which a local educational

9 agency in a State is eligible to receive under this

10 subpart for a fiscal year shall (except as pro11 vided in section 1126), be determined by mul12 tiplying the number of children counted under

13 subsection (c) by 40 percent of the amount deter14 mined under the next sentence. The amount de15 termined under this sentence shall be the average

16 per pupil expenditure in the State except that (i)

17 if the average per pupil expenditure in the State

18 is less than 80 percent of the average per pupil

19 expenditure in the United States, such amount

20 shall be 80 percent of the average per pupil ex21 penditure in the United States, or (ii) if the av22 erage per pupil expenditure in the State is more

23 than 120 percent of the average per pupil ex24 penditure in the United States, such amount

25 shall be 120 percent of the average per pupil ex-
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1 penditure in the United States. For each local

2 educational agency serving an area with a total

3 population of at least 20,000 persons, the grant

4 under this section shall be the amount deter5 mined by the Secretary. For local educational

6 agencies serving areas with total population of

7 fewer than 20,000 persons, the State education

8 agency may either (I) distribute to such local

9 educational agencies grants under this section

10 equal to the amounts determined by the Sec11 retary; or (II) use an alternative method, ap12 proved by the Secretary, to distribute the share

13 of the State’s total grants under this section that

14 is based on local educational agencies with total

15 populations of fewer than 20,000 persons. Such

16 an alternative method of distributing grants

17 under this section among a State’s local edu18 cational agencies serving areas with total popu19 lations of fewer than 20,000 persons shall be

20 based upon population data that the State edu21 cation agency determines best reflect the current

22 distribution of children in poor families among

23 the State’s local educational agencies serving

24 areas with total populations of fewer than 20,000

25 persons. If a local educational agency serving an
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1 area with total population of less than 20,000

2 persons is dissatisfied with the determination of

3 its grant by the State education agency, then it

4 may appeal this determination to the Secretary.

5 The Secretary must respond to this appeal with6 in 45 days of receipt. The Secretary shall consult

7 with the Secretary of Commerce regarding

8 whether available data on population for local

9 educational agencies serving areas with total

10 populations of fewer than 20,000 persons are suf11 ficiently reliable to be used to determine final

12 grants to such areas.

13 ‘‘(B) If, and only if, there are portions of

14 any of the States for which the Department of

15 Commerce has not prepared data on the number

16 of children, aged 5–17, from families below the

17 poverty level for local educational agencies, then

18 the Secretary shall use such data compiled for

19 counties in those portions of the States, treating

20 the counties as if they were local educational

21 agencies. In such cases, subject to section 1126,

22 the grant for any local educational agency in

23 such an area of a State shall be determined on

24 the basis of the aggregate amount of such grants

25 for all such agencies in the county or counties in
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1 which the school district of the particular agency

2 is located, which aggregate amount shall be equal

3 to the aggregate amount determined under sub4 paragraph (A) for such county or counties, and

5 shall be allocated among those agencies upon

6 such equitable basis as may be determined by the

7 State educational agency in accordance with

8 basic criteria prescribed by the Secretary.

9 ‘‘(C) For each fiscal year, the Secretary

10 shall determine the percentage which the average

11 per pupil expenditure in the Commonwealth of

12 Puerto Rico is of the lowest average per pupil ex13 penditure of any of the 50 States. The grant

14 which the Commonwealth of Puerto Rico shall be

15 eligible to receive under this subpart for a fiscal

16 year shall be the amount arrived at by multiply17 ing the number of children counted under sub18 section (c) for the Commonwealth of Puerto Rico

19 by the product of—

20 ‘‘(i) the percentage determined under

21 the preceding sentence; and

22 ‘‘(ii) 32 percent of the average per

23 pupil expenditure in the United States.

24 ‘‘(2) DEFINITION.—For purposes of this sub25 section, the term ‘State’ does not include Guam,
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1 American Samoa, the Virgin Islands, the Northern

2 Mariana Islands, and Palau.

3 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—

4 A local educational agency shall be eligible for a basic grant

5 for a fiscal year under this subpart only if the number of

6 children counted under subsection (c) in the school district

7 of such local educational agency is at least 10.

8 ‘‘(c) CHILDREN TO BE COUNTED.—

9 ‘‘(1) CATEGORIES OF CHILDREN.—The number

10 of children to be counted for purposes of this section

11 is the aggregate of—

12 ‘‘(A) the number of children aged 5 to 17,

13 inclusive, in the school district of the local edu14 cational agency from families below the poverty

15 level as determined under paragraph (2)(A),

16 ‘‘(B) the number of children aged 5 to 17,

17 inclusive, in the school district of such agency

18 from families above the poverty level as deter19 mined under paragraph (2)(B), and

20 ‘‘(C) the number of children aged 5 to 17,

21 inclusive, in the school district of such agency in

22 institutions for neglected and delinquent children

23 (other than such institutions operated by the

24 United States) or attending community day pro25 grams for such children, but not counted pursu-
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1 ant to subpart 3 of part D for the purposes of

2 a grant to a State agency, or being supported in

3 foster homes with public funds.

4 ‘‘(2) DETERMINATION OF NUMBER OF CHIL5 DREN.—

6 ‘‘(A) For the purposes of this section, the

7 Secretary shall determine the number of children

8 aged 5 to 17, inclusive, from families below the

9 poverty level on the basis of the most recent satis10 factory data available from the Department of

11 Commerce for local educational agencies (as pro12 duced and published under section 181a of title

13 13, United States Code). If, and only if, there

14 are portions of any of the States for which the

15 Department of Commerce has not prepared data

16 on the number of children, aged 5–17, from fam17 ilies below the poverty level for local educational

18 agencies, then the Secretary shall use such data

19 compiled for counties in those portions of the

20 States, treating the counties as if they were local

21 educational agencies. The District of Columbia

22 and the Commonwealth of Puerto Rico shall be

23 treated as individual local educational agencies.

24 If a local educational agency contains two or

25 more counties in their entirety, then each county
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1 will be treated as if it were a separate local edu2 cational agency for purposes of calculating

3 grants under this part. The total of grants for

4 such counties shall be allocated to such a local

5 educational agency, which shall distribute to

6 schools in each county within it a share of the

7 local educational agency’s total grant that is no

8 less than the county’s share of the population

9 counts used to calculate the local educational

10 agency’s grant. If the Department of Commerce

11 has updated data on the number of children,

12 aged 5–17, from families below the poverty level

13 for local educational agencies, then the Secretary

14 shall use the updated data. In determining the

15 families which are below the poverty level, the

16 Secretary shall utilize the criteria of poverty

17 used by the Bureau of the Census in compiling

18 the most recent decennial census, in such form as

19 those criteria have been updated by increases in

20 the Consumer Price Index for all urban consum21 ers, published by the Bureau of Labor Statistics.

22 ‘‘(B) For purposes of this section, the Sec23 retary shall determine the number of children

24 aged 5 to 17, inclusive, from families above the

25 poverty level on the basis of the number of such
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1 children from families receiving an annual in2 come, in excess of the current criteria of poverty,

3 from payments under the program of aid to fam4 ilies with dependent children under a State plan

5 approved under title IV of the Social Security

6 Act; and in making such determinations the Sec7 retary shall utilize the criteria of poverty used

8 by the Bureau of the Census in compiling the

9 most recent decennial census for a family of 4 in

10 such form as those criteria have been updated by

11 increases in the Consumer Price Index for all

12 urban consumers, published by the Bureau of

13 Labor Statistics. The Secretary shall determine

14 the number of such children and the number of

15 children of such ages living in institutions for

16 neglected or delinquent children, or being sup17 ported in foster homes with public funds, on the

18 basis of the caseload data for the month of Octo19 ber of the preceding fiscal year (using, in the

20 case of children described in the preceding sen21 tence, the criteria of poverty and the form of

22 such criteria required by such sentence which

23 were determined for the calendar year preceding

24 such month of October) or, to the extent that such

25 data are not available to the Secretary before
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1 January of the calendar year in which the Sec2 retary’s determination is made, then on the basis

3 of the most recent reliable data available to the

4 Secretary at the time of such determination. The

5 Secretary of Health and Human Services shall

6 collect and transmit the information required by

7 this subparagraph to the Secretary not later

8 than January 1 of each year.

9 ‘‘(C) When requested by the Secretary, the

10 Secretary of Commerce shall make a special up11 dated estimate of the number of children of such

12 ages who are from families below the poverty

13 level (as determined under subparagraph (A) of

14 this paragraph) in each school district, and the

15 Secretary is authorized to pay (either in advance

16 or by way of reimbursement) the Secretary of

17 Commerce the cost of making this special esti18 mate. The Secretary of Commerce shall give con19 sideration to any request of the chief executive of

20 a State for the collection of additional census in21 formation. For purposes of this section, the Sec22 retary shall consider all children who are in cor23 rectional institutions to be living in institutions

24 for delinquent children.

25 ‘‘(d) STATE MINIMUM.—
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1 ‘‘(1) The aggregate amount allotted for all local

2 educational agencies within a State may not be less

3 than one-quarter of 1 percent of the total amount

4 available for such fiscal year under this section.

5 ‘‘(2)(A) No State shall, by reason of the applica6 tion of the provisions of paragraph (1) of this sub7 section, be allotted more than—

8 ‘‘(i) 150 percent of the amount that the

9 State received in the fiscal year preceding the

10 fiscal year for which the determination is made,

11 or

12 ‘‘(ii) the amount calculated under subpara13 graph (B), whichever is less.

14 ‘‘(B) For the purpose of subparagraph (A)(ii),

15 the amount for each State equals—

16 ‘‘(i) the number of children in such State

17 counted under subsection (c) in the fiscal year

18 specified in subparagraph (A), multiplied by

19 ‘‘(ii) 150 percent of the national average

20 per pupil payment made with funds available

21 under this section for that year.

22 ‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU23 CATIONAL AGENCIES.

24 ‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—
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1 ‘‘(1)(A) Except as otherwise provided in this

2 paragraph, each local educational agency, in a State

3 other than Guam, American Samoa, the Virgin Is4 lands, the Northern Mariana Islands, and Palau,

5 which is eligible for a grant under this part for any

6 fiscal year shall be entitled to an additional grant

7 under this section for that fiscal year if—

8 ‘‘(i) the number of children counted under

9 section 1124(c) of this part in the local edu10 cational agency for the preceding fiscal year ex11 ceeds 6,500, or

12 ‘‘(ii) the number of children counted under

13 section 1124(c) exceeds 15 percent of the total

14 number of children aged five to seventeen, inclu15 sive, in the local educational agency in that fis16 cal year.

17 ‘‘(B) Except as provided in subparagraph (C),

18 no State described in subparagraph (A) shall receive

19 less than—

20 ‘‘(i) one-quarter of 1 percent of the sums ap21 propriated under paragraph (6) of this section

22 for such fiscal year; or

23 ‘‘(ii) $250,000, whichever is higher.
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1 ‘‘(C) No State shall, by reason of the application

2 of the provisions of subparagraph (B)(i) of this para3 graph, be allotted more than—

4 ‘‘(i) 150 percent of the amount that the

5 State received in the fiscal year preceding the

6 fiscal year for which the determination is made,

7 or

8 ‘‘(ii) the amount calculated under subpara9 graph (D), whichever is less.

10 ‘‘(D) For the purpose of subparagraph (C), the

11 amount for each State equals—

12 ‘‘(i) the number of children in such State

13 counted for purposes of this section in the fiscal

14 year specified in subparagraph (B), multiplied

15 by

16 ‘‘(ii) 150 percent of the national average

17 per pupil payment made with funds available

18 under this section for that year.

19 ‘‘(2) For each local educational agency eligible to

20 receive an additional grant under this section for any

21 fiscal year the Secretary shall determine the product

22 of—

23 ‘‘(A) the greater of—

24 ‘‘(i) the number of children in excess of

25 6,500 counted under section 1124(c) for the
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1 preceding fiscal year, in a local educational

2 agency which qualifies on the basis of sub3 paragraph (A)(i) of paragraph (1); or

4 ‘‘(ii) the number of children counted

5 under section 1124(c) for the preceding fis6 cal year in a local educational agency

7 which qualifies on the basis of subpara8 graph (A)(ii) of paragraph (1); and

9 ‘‘(B) the quotient resulting from the divi10 sion of the amount determined for those agencies

11 under section 1124(a)(1) for the fiscal year for

12 which the determination is being made divided

13 by the total number of children counted under

14 section 1124(c) for that agency for the preceding

15 fiscal year.

16 ‘‘(3) The amount of the additional grant to

17 which an eligible local educational agency is entitled

18 under this section for any fiscal year shall be an

19 amount which bears the same ratio to the amount re20 served under paragraph (6) for that fiscal year as the

21 product determined under paragraph (2) for such

22 local educational agency for that fiscal year bears to

23 the sum of such products for all local educational

24 agencies in the United States for that fiscal year.
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1 ‘‘(4) For the purposes of this section, the Sec2 retary shall determine the number of children counted

3 under section 1124(c) for any local educational agen4 cy, and the total number of children aged five to sev5 enteen, inclusive, in local educational agencies, on the

6 basis of the most recent satisfactory data available at

7 the time the payment for such local educational agen8 cy is determined under section 1124.

9 ‘‘(5)(A) For each local educational agency serv10 ing an area with a total population of at least 20,000

11 persons, the grant under this section shall be the

12 amount determined by the Secretary. For local edu13 cational agencies serving areas with total populations

14 of fewer than 20,000 persons, the State education

15 agency may either (i) distribute to such local edu16 cational agencies grants under this section equal to

17 the amounts determined by the Secretary; or (ii) use

18 an alternative method, approved by the Secretary, to

19 distribute the share of the State’s total grants under

20 this section that is based on local educational agencies

21 with total populations of fewer than 20,000 persons.

22 Such an alternative method of distributing grants

23 under this section among a State’s local educational

24 agencies serving areas with total populations of fewer

25 than 20,000 persons shall be based upon population
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1 data that the State education agency determines best

2 reflects the current distribution of children in poor

3 families among the State’s local educational agencies

4 serving areas with total populations of fewer than

5 20,000 persons and meeting the eligibility criteria of

6 paragraph (1)(A). If a local educational agency serv7 ing an area with total population of less than 20,000

8 persons is dissatisfied with the determination of its

9 grant by the State education agency, then it may ap10 peal this determination to the Secretary. The Sec11 retary must respond to this appeal within 45 days of

12 receipt. The Secretary shall consult with the Secretary

13 of Commerce regarding whether available data on

14 population for local educational agencies serving

15 areas with total populations of fewer than 20,000 per16 sons are sufficiently reliable to be used to determine

17 final grants to such areas meeting the eligibility cri18 teria of paragraph (1)(A).

19 ‘‘(B) If, and only if, there are portions of any

20 of the States for which the Department of Commerce

21 has not prepared data on the number of children,

22 aged 5–17, from families below the poverty level for

23 local educational agencies, then the Secretary shall

24 use such data compiled for counties in those portions

25 of the States, treating the counties as if they were
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1 local educational agencies. In such cases, subject to

2 section 1126, the grant for any local educational

3 agency in such an area of a State shall be determined

4 on the basis of the aggregate amount of such grants

5 for all such agencies in the county or counties in

6 which the school district of the particular agency is

7 located, which aggregate amount shall be equal to the

8 aggregate amount determined under subparagraph

9 (A) for such county or counties, and shall be allocated

10 among those agencies upon such equitable basis as

11 may be determined by the State educational agency

12 in accordance with the basic criteria prescribed by the

13 Secretary.

14 ‘‘(b) RESERVATION OF FUNDS.—Of the total amount

15 of funds available for sections 1124 and 1124A, 10 percent

16 of the amount appropriated for that fiscal year shall be

17 available to carry out this section.

18 ‘‘(c) RATABLE REDUCTION RULE.—If the sums avail19 able under subsection (b) for any fiscal year for making

20 payments under this section are not sufficient to pay in

21 full the total amounts which all States are entitled to receive

22 under subsection (a) for such fiscal year, the maximum

23 amounts which all States are entitled to receive under sub24 section (a) for such fiscal year shall be ratably reduced. In

25 case additional funds become available for making such
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1 payments for any fiscal year during which the preceding

2 sentence is applicable, such reduced amounts shall be in3 creased on the same basis as they were reduced.

4 ‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL

5 AGENCIES.

6 ‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN7 CIES.—A local educational agency in a State is eligible to

8 receive a targeted grant under this section for any fiscal

9 year if the number of children in the local educational agen10 cy under subsection 1124(c), before application of the

11 weighting factor, is at least 10.

12 ‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,

13 THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—(1) The

14 amount of the grant that a local educational agency in a

15 State or that the District of Columbia is eligible to receive

16 under this section for any fiscal year shall be the product

17 of—

18 ‘‘(A) the number of children counted under sub19 section (c); and

20 ‘‘(B) the amount in the second sentence of sub21 paragraph 1124(a)(1)(A).

22 ‘‘(2) For each fiscal year, the amount of the grant for

23 which the Commonwealth of Puerto Rico is eligible under

24 this section shall be equal to the number of children counted
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1 under subsection (c) for Puerto Rico, multiplied by the

2 amount determined in subparagraph 1124(a)(1)(C).

3 ‘‘(c) CHILDREN TO BE COUNTED.—

4 ‘‘(1) CATEGORIES OF CHILDREN.—The number

5 of children to be counted for purposes of this section

6 shall be the number counted in subsection 1124(c)

7 multiplied by the weighting factor for the local edu8 cational agency. The weighting factor shall be estab9 lished on the basis of the percentage that the number

10 of children counted under section 1124(c) represents

11 of the total population aged 5–17 years in the local

12 educational agency or the number of such children.

13 Weighted pupil counts will be calculated based upon

14 both percentage and number and the larger of the two

15 counts will be used in calculating grants for each

16 local educational agency. Weighting factors shall be

17 assigned according to the following scale: if the per18 centage is greater than 0 but less than 14.265, the

19 weighting factor shall be 1.00 for all children counted

20 in section 1124(c); if the percentage is greater than

21 14.265 but less than 21.553, the weighting factor shall

22 be 1.00 for a number of children counted in section

23 1124(c) equal to 14.265 percent of the total school age

24 population and 1.50 for children counted under sec25 tion 1124(c) in excess of 14.265 percent of the total
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1 school age population; if the percentage is greater

2 than 21.553 percent but less than 29.223 percent, then

3 the weighting factor shall be 1.00 for a number of

4 children counted in section 1124(c) equal to 14.265

5 percent of the total school age population, 1.50 for a

6 number of children counted under section 1124(c)

7 equal to 7.288 percent of the total school age popu8 lation, and 2.00 for children counted under section

9 1124(c) in excess of 21.553 percent of the total school

10 age population; if the percentage is greater than

11 29.223 percent but less than 36.538 percent, then the

12 weighting factor shall be 1.00 for a number of chil13 dren counted in section 1124(c) equal to 14.265 per14 cent of the total school age population, 1.50 for a

15 number of children counted under section 1124(c)

16 equal to 7.288 percent of the total school age popu17 lation, 2.00 for a number of children counted under

18 section 1124(c) equal to 7.67 percent of the total

19 school age population, and 2.50 for children counted

20 under section 1124(c) in excess of 29.223 percent of

21 the total school age population; and if the percentage

22 is greater than 36.538, then the weighting factor shall

23 be 1.00 for a number of children counted in section

24 1124(c) equal to 14.265 percent of the total school age

25 population, 1.50 for a number of children counted
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1 under section 1124(c) equal to 7.288 percent of the

2 total school age population, 2.00 for a number of chil3 dren counted under section 1124(c) equal to 7.67 per4 cent of the total school age population, 2.50 for a

5 number of children counted in section 1124(c) equal

6 to 7.315 percent of the total school age population,

7 and 3.00 for children counted in section 1124(c) in

8 excess of 36.538 percent of the total school age popu9 lation. Separately, if the number of children counted

10 under section 1124(c) is greater than 0 but less than

11 575, the weighting factor shall be 1.00 for all children

12 counted in section 1124(c); if the number is greater

13 than 575 but less than 1,870, the weighting factor

14 shall be 1.00 for a number of children counted in sec15 tion 1124(c) equal to 575, and 1.50 for children

16 counted under section 1124(c) in excess of 575; if the

17 number is greater than 1,870 but less than 6,910,

18 then the weighting factor shall be 1.00 for a number

19 of children counted in section 1124(c) equal to 575,

20 1.50 for a number of children counted under section

21 1124(c) equal to 1,295, and 2.00 for children counted

22 under section 1124(c) in excess of 1,870; if the num23 ber is greater than 6,910 but less than 42,000 then the

24 weighting factor shall be 1.00 for a number of chil25 dren counted in section 1124(c) equal to 575, 1.50 for
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1 a number of children counted under section 1124(c)

2 equal to 1,295, 2.00 for a number of children counted

3 under section 1124(c) equal to 5,040, and 2.50 for

4 children counted under section 1124(c) in excess of

5 6,910; and if the number is greater than 42,000, then

6 the weighting factor shall be 1.00 for a number of

7 children counted in section 1124(c) equal to 575, 1.50

8 for a number of children counted under section

9 1124(c) equal to 1,295, 2.00 for a number of children

10 counted under section 1124(c) equal to 5,040, 2.50 for

11 a number of children counted in section 1124(c) equal

12 to 35,090 and 3.00 for children counted in section

13 1124(c) in excess of 42,000. For the Commonwealth of

14 Puerto Rico, the weighting factor shall be no greater

15 than 1.62.

16 ‘‘(d) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—

17 For each local educational agency serving an area with a

18 total population of at least 20,000 persons, the grant under

19 this section shall be the amount determined by the Sec20 retary. For local educational agencies serving areas with

21 total populations of fewer than 20,000 persons, the State

22 education agency may either (1) distribute to such local

23 educational agencies grants under this section equal to the

24 amounts determined by the Secretary; or (2) use an alter25 native method, approved by the Secretary, to distribute the
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1 share of the State’s total grants under this section that is

2 based on local educational agencies with total populations

3 of fewer than 20,000 persons. Such an alternative method

4 of distributing grants under this section among a State’s

5 local educational agencies serving areas with total popu6 lations of fewer than 20,000 persons shall be based upon

7 population data that the State education agency determines

8 best reflects the current distribution of children in poor fam9 ilies among the State’s local educational agencies serving

10 areas with total populations of fewer than 20,000 persons.

11 If a local educational agency serving an area with total

12 populations of less than 20,000 persons is dissatisfied with

13 the determination of its grant by the State education agen14 cy, then it may appeal this determination to the Secretary.

15 The Secretary must respond to this appeal within 45 days

16 of receipt. If, and only if, there are portions of any of the

17 States for which the Department of Commerce has not pre18 pared data on the number of children, aged 5–17, from fam19 ilies below the poverty level for local educational agencies,

20 then the Secretary shall use such data compiled for counties

21 in those portions of the States, treating the counties as if

22 they were local educational agencies. The Secretary shall

23 consult with the Secretary of Commerce regarding whether

24 available data on population for local educational agencies

25 serving areas with total populations of fewer than 20,000
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1 persons are sufficiently reliable to be used to determine final

2 grants to such areas.

3 ‘‘(e) STATE MINIMUM.—Notwithstanding any other

4 provision of this section, from the total amount available

5 for any fiscal year to carry out this section, each State shall

6 be allotted at least the lesser of—

7 ‘‘(1) one quarter of one percent of such amount;

8 ‘‘(2) 150 percent of the national average grant

9 under this section per child described in section

10 1124(c), without application of a weighting factor,

11 multiplied by the State’s total number of children de12 scribed in section 1124(c), without application of a

13 weighting factor.

14 ‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

15 ‘‘(a) ALLOCATIONS FOR NEGLECTED OR DELINQUENT

16 CHILDREN.—(1) If a State educational agency determines

17 that a local educational agency in the State is unable or

18 unwilling to provide for the special educational needs of

19 children who are living in institutions for neglected or de20 linquent children as described in subparagraph

21 1124(c)(1)(C), the State educational agency shall, if it as22 sumes responsibility for the special educational needs of

23 such children, receive the portion of such local educational

24 agency’s allocation under sections 1124, 1124A, and 1125

25 that is attributable to such children.
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1 ‘‘(2) If the State educational agency does not assume

2 such responsibility, any other State or local public agency

3 that does assume such responsibility shall receive that por4 tion of the local educational agency’s allocation.

5 ‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL

6 AGENCIES.—The State educational agency may allocate the

7 amounts of grants under sections 1124, 1124A, and 1125

8 between and among the affected local educational agencies

9 when—

10 ‘‘(1) two or more local educational agencies

11 serve, in whole or in part, the same geographical

12 area; or

13 ‘‘(2) a local educational agency provides free

14 public education for children who reside in the school

15 district of another local educational agency.

16 ‘‘(c) REALLOCATION.—If a State educational agency

17 determines that the amount of a grant a local educational

18 agency would receive under sections 1124, 1124A, and 1125

19 is more than such local agency will use, the State edu20 cational agency shall make the excess amount available to

21 other local educational agencies in the State that need addi22 tional funds in accordance with criteria established by the

23 State educational agency.
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1 ‘‘SEC. 1127. CARRYOVER AND WAIVER.

2 ‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding

3 section 412 of the General Education Provisions Act or any

4 other provision of law, not more than 15 percent of the

5 funds allocated to a local educational agency for any fiscal

6 year under this subpart (but not including funds received

7 through any reallocation under this subpart) may remain

8 available for obligation by such agency for one additional

9 fiscal year.

10 ‘‘(b) WAIVER.—A State educational agency may, once

11 every three years, waive the percentage limitation in sub12 section (a) if—

13 ‘‘(1) the agency determines that the request of a

14 local educational agency is reasonable and necessary;

15 or

16 ‘‘(2) supplemental appropriations for this sub17 part become available.

18 ‘‘(c) EXCLUSION.—The percentage limitation under

19 subsection (a) shall not apply to any local educational

20 agency that receives less than $50,000 under this subpart

21 for any fiscal year.

22 ‘‘PART B—EVEN START FAMILY LITERACY

23 PROGRAMS

24 ‘‘SEC. 1201. STATEMENT OF PURPOSE.

25 ‘‘It is the purpose of this part to help break the cycle

26 of poverty and illiteracy by improving the educational op-
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1 portunities of the Nation’s low-income families by integrat2 ing early childhood education, adult literacy or adult basic

3 education, and parenting education into a unified family

4 literacy program, to be referred to as ‘Even Start’, that is

5 implemented through cooperative projects that build on ex6 isting community resources to create a new range of serv7 ices, that promotes achievement of the National Education

8 Goals, and that assists children and adults from low-income

9 families to achieve challenging State standards.

10 ‘‘SEC. 1202. PROGRAM AUTHORIZED.

11 ‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUTLY12 ING AREAS, INDIAN TRIBES, AND OTHER PURPOSES.—(1)

13 In each fiscal year, the Secretary shall reserve not less than

14 5 percent of the amount appropriated under section 1002(b)

15 of this title for programs, under such terms and conditions

16 as the Secretary shall establish, that are consistent with the

17 purpose of this part, and according to their relative needs,

18 for—

19 ‘‘(A) children of migratory workers;

20 ‘‘(B) the outlying areas;

21 ‘‘(C) Indian tribes and tribal organizations; and

22 ‘‘(2) If the amount of funds made available under sub23 section (a) exceeds $4,600,000, the Secretary shall make a

24 grant of sufficient size and for a period of sufficient dura25 tion to demonstrate the effectiveness of a family literacy
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1 program in a prison that houses women and their preschool

2 age children and that has the capability of developing a

3 program of high quality.

4 ‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—From

5 amounts appropriated under section 1002(b), the Secretary

6 may reserve not more than three percent of such amounts

7 or the amount reserved for such purposes in the fiscal year

8 1994, whichever is greater, for purposes of—

9 ‘‘(1) carrying out the evaluation required by sec10 tion 1209; and

11 ‘‘(2) providing, through grants or contracts, tech12 nical assistance, program improvement, and replica13 tion activities through eligible organizations.

14 ‘‘(c) STATE ALLOCATION.—(1) After reserving funds

15 under subsections (a) and (b), the Secretary shall allocate

16 the remaining funds appropriated for this part to States,

17 to be used in accordance with section 1203.

18 ‘‘(2) Except as provided in paragraph (3), from the

19 total amount available for allocation to States in any fiscal

20 year, each State shall be eligible to receive a grant under

21 paragraph (1) in an amount that bears the same ratio to

22 such total amount as the amount allocated to such State

23 under section 1122 of this title bears to the total amount

24 allocated under that section to all the States.
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1 ‘‘(3) No State shall receive less than $250,000 under

2 paragraph (1) for any fiscal year.

3 ‘‘(d) DEFINITIONS.—For the purpose of this part—

4 ‘‘(1) the term ‘eligible entity’ means a partner5 ship composed of both—

6 ‘‘(A) a local educational agency; and

7 ‘‘(B) a nonprofit community-based organi8 zation, public agency, institution of higher edu9 cation, or other public or private nonprofit orga10 nization of demonstrated quality;

11 ‘‘(2) the terms ‘Indian tribe’ and ‘tribal organi12 zation’ have the meanings given such terms in section

13 4 of the Indian Self-Determination and Education

14 Assistance Act;

15 ‘‘(3) the term ‘State’ includes each of the 50

16 States, the District of Columbia, and the Common17 wealth of Puerto Rico; and

18 ‘‘(4) the term ‘eligible organization’ means any

19 public or private nonprofit organization with a

20 record of providing effective services to family literacy

21 providers, such as the National Center for Family

22 Literacy, Parents as Teachers, Inc., and the Home

23 Instruction Program for Preschool Youngsters.
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1 ‘‘SEC. 1203. STATE PROGRAMS.

2 ‘‘(a) STATE-LEVEL ACTIVITIES.—Each State that re3 ceives a grant under section 1202(c)(1) may use not more

4 than 5 percent for—

5 ‘‘(1) administrative costs; and

6 ‘‘(2) the provision, through one or more

7 subgrants or contracts, of access to technical assist8 ance for program improvement and replication to eli9 gible entities that receive subgrants under subsection

10 (b).

11 ‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—(1) Each

12 State shall use the remainder of its grant to make subgrants

13 to eligible entities to carry out Even Start programs.

14 ‘‘(2) No State shall award a subgrant under para15 graph (1) for an amount less than $75,000.

16 ‘‘SEC. 1204. USES OF FUNDS.

17 ‘‘(a) IN GENERAL.—In carrying out an Even Start

18 program under this part, a recipient of funds under this

19 part shall use such funds to pay the Federal share of the

20 cost of providing family-centered education programs that

21 involve parents and children, from birth through age 7, in

22 a cooperative effort to help parents become full partners in

23 the education of their children and to assist children in

24 reaching their full potential as learners.
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1 ‘‘(b) FEDERAL SHARE LIMITATION.—(1)(A) Except as

2 provided in paragraph (2), the Federal share under this

3 part may not exceed—

4 ‘‘(i) 90 percent of the total cost of the program

5 in the first year that that program receives assistance

6 under this part or its predecessor authority;

7 ‘‘(ii) 80 percent in the second such year;

8 ‘‘(iii) 70 percent in the third such year;

9 ‘‘(iv) 60 percent in the fourth such year; and

10 ‘‘(v) 50 percent in any subsequent such year.

11 ‘‘(B) The remaining cost of a program under this part

12 may be provided in cash or in kind, fairly evaluated, and

13 may be obtained from any source other than funds received

14 under this title.

15 ‘‘(2) The State educational agency may waive, in

16 whole or in part, the cost-sharing requirement of paragraph

17 (1) if an eligible entity—

18 ‘‘(A) demonstrates that it otherwise would not be

19 able to participate in the program under this part;

20 and

21 ‘‘(B) negotiates an agreement with the State edu22 cational agency with respect to the amount of the re23 maining cost to which the waiver would be applica24 ble.
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1 ‘‘(3) Federal funds under this part may not be used

2 for the indirect costs of an Even Start program, except that

3 the Secretary may waive this limitation if a recipient of

4 funds reserved under section 1202(a)(3) demonstrates to the

5 Secretary’s satisfaction that it otherwise would not be able

6 to participate in the program under this part.

7 ‘‘SEC. 1205 PROGRAM ELEMENTS.

8 ‘‘Each Even Start program assisted under this part

9 shall—

10 ‘‘(1) include the identification and recruitment

11 of families most in need of services provided under

12 this part, as indicated by a low level of income, a low

13 level of adult literacy or English language proficiency

14 of the eligible parent or parents, and other need-relat15 ed indicators;

16 ‘‘(2) include screening and preparation of par17 ents and children to enable them to participate fully

18 in the activities and services provided under this

19 part, including testing, referral to necessary counsel20 ling, other developmental and support services, and

21 related services;

22 ‘‘(3) be designed to accommodate the partici23 pants’ work schedule and other responsibilities, in24 cluding the provision of support services, when un-
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1 available from other sources, necessary for participa2 tion, such as—

3 ‘‘(A) scheduling and locating of services to

4 allow joint participation by parents and chil5 dren;

6 ‘‘(B) child care for the period that parents

7 are involved in the program provided under this

8 part; and

9 ‘‘(C) transportation for the purpose of ena10 bling parents and their children to participate

11 in programs authorized by this part;

12 ‘‘(4) include high-quality instructional programs

13 that promote adult literacy, empower parents to sup14 port the educational growth of their children, devel15 opmentally appropriate early childhood educational

16 services, and preparation of children for success in

17 regular school programs;

18 ‘‘(5) include special training of staff, including

19 child care staff, to develop the skills necessary to work

20 with parents and young children in the full range of

21 instructional services offered through this part;

22 ‘‘(6) provide and monitor integrated instruc23 tional services to participating parents and children

24 through home-based programs;
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1 ‘‘(7) operate on a year-round basis, including the

2 provision of some program services, either instruc3 tional or enrichment, or both, during the summer

4 months;

5 ‘‘(8) be coordinated with—

6 ‘‘(A) programs assisted under other parts of

7 this title and this Act;

8 ‘‘(B) any relevant programs under the

9 Adult Education Act, the Individuals With Dis10 abilities Education Act, and the Job Training

11 Partnership Act; and

12 ‘‘(C) the Head Start program, volunteer lit13 eracy programs, and other relevant programs;

14 and

15 ‘‘(9) provide for an independent evaluation of

16 the program.

17 ‘‘SEC. 1206. ELIGIBLE PARTICIPANTS.

18 ‘‘(a) IN GENERAL.—Except as provided in subsection

19 (b), eligible participants in an Even Start program are—

20 ‘‘(1) a parent or parents—

21 ‘‘(A) who are eligible for participation in

22 an adult basic education program under the

23 Adult Education Act; or

24 ‘‘(B) who are within the State’s compulsory

25 school attendance age range, so long as a local
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1 educational agency provides (or ensures the

2 availability of) the basic education component

3 required under this part; and

4 ‘‘(2) the child or children, from birth through age

5 seven, of any parent described in paragraph (1).

6 ‘‘(b) ELIGIBILITY FOR CERTAIN OTHER PARTICI7 PANTS.—(1) Family members other than those described in

8 subsection (a) may participate in program activities and

9 services, when deemed by the program to serve the purpose

10 of this part.

11 ‘‘(2) Any family participating in a program under

12 this part that becomes ineligible for such participation as

13 a result of one or more members of the family becoming

14 ineligible for such participation may continue to partici15 pate in the program until all members of the family become

16 ineligible for participation, which—

17 ‘‘(A) in the case of a family in which ineligibil18 ity was due to the child or children of such family at19 taining the age of eight, shall be in two years or when

20 the parent or parents become ineligible due to edu21 cational advancement, whichever occurs first; and

22 ‘‘(B) in the case of a family in which ineligibil23 ity was due to the educational advancement of the

24 parent or parents of such family, shall be when all

25 children in the family attain the age of eight.
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1 ‘‘SEC. 1207. APPLICATIONS.

2 ‘‘(a) SUBMISSION.—To be eligible to receive a subgrant

3 under this part, an eligible entity shall submit an applica4 tion to the State educational agency in such form and con5 taining or accompanied by such information as the State

6 educational agency shall require.

7 ‘‘(b) REQUIRED DOCUMENTATION.—Each application

8 shall include documentation, satisfactory to the State edu9 cational agency, that the eligible entity has the qualified

10 personnel needed—

11 ‘‘(1) to develop, administer, and implement an

12 Even Start program under this part; and

13 ‘‘(2) to provide access to the special training nec14 essary to prepare staff for the program, which may be

15 offered by an eligible organization.

16 ‘‘(c) PLAN.—Such application shall also include a

17 plan of operation for the program which shall include—

18 ‘‘(1) a description of the program goals;

19 ‘‘(2) a description of the activities and services

20 that will be provided under the program, including a

21 description of how the program will incorporate the

22 program elements required by section 1205;

23 ‘‘(3) a description of the population to be served

24 and an estimate of the number of participants;

25 ‘‘(4) as appropriate, a description of the appli26 cant’s collaborative efforts with institutions of higher
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1 education, community-based organizations, the State

2 educational agency, private elementary schools, or

3 other eligible organizations in carrying out the pro4 gram for which assistance is sought;

5 ‘‘(5) a statement of the methods that will be

6 used—

7 ‘‘(A) to ensure that the programs will serve

8 families most in need of the activities and serv9 ices provided by this part;

10 ‘‘(B) to provide services under this part to

11 individuals with special needs, such as individ12 uals with limited English proficiency and indi13 viduals with disabilities; and

14 ‘‘(C) to encourage participants to remain in

15 the program for a time sufficient to meet the

16 program’s purpose; and

17 ‘‘(6) a description of how the plan—

18 ‘‘(A)(i) is consistent with and promotes the

19 goals of the State and local plans, either ap20 proved or being developed, under title III of the

21 Goals 2000: Educate America Act; and

22 ‘‘(ii) is consistent with the State and local

23 plans under sections 1111 and 1112; or

24 ‘‘(B) is consistent with the State and local

25 plans under sections 1111 and 1112 is the State
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1 does not have an approved plan under title III

2 of the Goals 2000: Educate America Act and is

3 not developing such a plan.

4 ‘‘(d) The plan described in subsection (c)(6) may be

5 submitted as part of a consolidated application under sec6 tion 9302.

7 ‘‘SEC. 1208. AWARD OF SUBGRANTS.

8 ‘‘(a) SELECTION PROCESS.—(1) The State educational

9 agency shall establish a review panel that will approve ap10 plications that—

11 ‘‘(A) are most likely to be successful in meeting

12 the purpose of this part, and in effectively implement13 ing the program elements required under section

14 1205;

15 ‘‘(B) demonstrate that the area to be served by

16 such program has a high percentage or a large num17 ber of children and families who are in need of such

18 services as indicated by high levels of poverty, illit19 eracy, unemployment, or limited English proficiency;

20 ‘‘(C) provide services for at least a three-year age

21 range, which may begin at birth;

22 ‘‘(D) demonstrate the greatest possible coopera23 tion and coordination between a variety of relevant

24 service providers in all phases of the program;
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1 ‘‘(E) include cost-effective budgets, given the

2 scope of the application;

3 ‘‘(F) demonstrate the applicant’s ability to pro4 vide the additional funding required by section

5 1204(b);

6 ‘‘(G) are representative of urban and rural re7 gions of the State; and

8 ‘‘(H) show the greatest promise for providing

9 models that may be adopted by other local edu10 cational agencies.

11 ‘‘(2) The State educational agency shall give priority

12 for subgrants under this subsection to proposals that ei13 ther—

14 ‘‘(A) target services primarily to families de15 scribed in paragraph (1)(B); or

16 ‘‘(B) are located in areas designated as

17 empowerment zones or enterprise communities.

18 ‘‘(b) REVIEW PANEL.—A review panel shall consist of

19 at least three members, including one early childhood pro20 fessional, one adult education professional, and one or more

21 of the following individuals:

22 ‘‘(1) A representative of a parent-child education

23 organization.

24 ‘‘(2) A representative of a community-based lit25 eracy organization.
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1 ‘‘(3) A member of a local board of education.

2 ‘‘(4) A representative of business and industry

3 with a commitment to education.

4 ‘‘(5) An individual who has been involved in the

5 implementation of programs under this title in the

6 State.

7 ‘‘(c) DURATION.—(1) Subgrants may be awarded for

8 a period not to exceed four years.

9 ‘‘(2) The State educational agency may provide a

10 subgrantee, at the subgrantee’s request, a 3- to 6-month

11 start-up period during the first year of the four-year period,

12 which may include staff recruitment and training, and the

13 coordination of services, before requiring full implementa14 tion of the program.

15 ‘‘(3)(A) In reviewing any application for a subgrant

16 to continue a program for the second, third, or fourth year,

17 the State educational agency shall review the progress being

18 made toward meeting the objectives of the program after

19 the conclusion of the start-up period, if any.

20 ‘‘(B) The State educational agency may refuse to

21 award a subgrant if such agency finds that sufficient

22 progress has not been made toward meeting such objectives,

23 but only after affording the applicant notice and an oppor24 tunity for a hearing.
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1 ‘‘(4)(A) An eligible entity that has previously received

2 a subgrant under this part may reapply under the terms

3 of this part for a second project period.

4 ‘‘(B) During the second project period, the Federal

5 share of the subgrant shall not exceed 50 percent in any

6 year.

7 ‘‘SEC. 1209. EVALUATION.

8 ‘‘From funds reserved under section 1202(b)(1), the

9 Secretary shall provide for an independent evaluation of

10 programs under this part—

11 ‘‘(1) to determine the performance and effective12 ness of programs; and

13 ‘‘(2) to identify effective Even Start projects that

14 can be replicated and used in providing technical as15 sistance to national, State, and local programs.

16 ‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

17 ‘‘SEC. 1301. PROGRAM PURPOSE.

18 ‘‘It is the purpose of this part to assist States to—

19 ‘‘(1) support high-quality and comprehensive

20 educational programs for migratory children to help

21 reduce the educational disruptions and other problems

22 that result from repeated moves;

23 ‘‘(2) ensure that migratory children are provided

24 with appropriate educational services (including sup-
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1 portive services) that address their special needs in a

2 coordinated and efficient manner;

3 ‘‘(3) ensure that migratory children have the op4 portunity to meet the same challenging performance

5 standards that all children are expected to meet;

6 ‘‘(4) design programs to help migratory children

7 overcome educational disruption, cultural and lan8 guage barriers, social isolation, various health-related

9 problems, and other factors that inhibit their ability

10 to do well in school, and to prepare these children to

11 make a successful transition to postsecondary edu12 cation or employment; and

13 ‘‘(5) ensure that migratory children benefit from

14 State and local systemic reforms.

15 ‘‘SEC. 1302. PROGRAM AUTHORIZED.

16 ‘‘In order to carry out the purpose of this part, the

17 Secretary shall make grants to State educational agencies,

18 or combinations of such agencies, to establish or improve,

19 directly or through local operating agencies, programs of

20 education for migratory children in accordance with this

21 part.

22 ‘‘SEC. 1303. STATE ALLOCATIONS.

23 ‘‘(a) STATE ALLOCATIONS.—Each State (other than

24 the Commonwealth of Puerto Rico) is entitled to receive

25 under this part, for each fiscal year, an amount equal to—
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1 ‘‘(1) the sum of the estimated number of migra2 tory children aged three through 21 who reside in the

3 State full time and the full-time equivalent of the esti4 mated number of migratory children aged three

5 through 21 who reside in the State part time, as de6 termined in accordance with subsection (e); multi7 plied by

8 ‘‘(2) 40 percent of the average per-pupil expendi9 ture in the State, except that the amount determined

10 under this paragraph shall not be less than 32 per11 cent, or more than 48 percent, of the average expendi12 ture per pupil in the United States.

13 ‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal

14 year, the amount for which the Commonwealth of Puerto

15 Rico is eligible under this section shall be equal to—

16 ‘‘(1) the number of migratory children in Puerto

17 Rico, determined under subsection (a)(1); multiplied

18 by

19 ‘‘(2) the product of—

20 ‘‘(A) the percentage that the average expend21 iture per pupil in Puerto Rico is of the lowest

22 average per-pupil expenditure of any of the 50

23 States; and

24 ‘‘(B) 32 percent of the average expenditure

25 per pupil in the United States.
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1 ‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.—(1)(A)

2 If, after the Secretary reserves funds under section 1308(c),

3 the amount appropriated to carry out this part for any fis4 cal year is insufficient to pay in full the amounts for which

5 all States are eligible, the Secretary shall ratably reduce

6 each such amount.

7 ‘‘(B) If additional funds become available for making

8 such payments for any fiscal year, the Secretary shall allo9 cate such funds to States in amounts that the Secretary

10 finds would best carry out the purpose of this part.

11 ‘‘(2)(A) The Secretary shall further reduce the amount

12 of any grant to a State under this part for any fiscal year

13 if the Secretary determines, based on available information

14 on the numbers and needs of migratory children in the

15 State and the program proposed by the State to address

16 such needs, that such amount exceeds the amount required

17 under section 1304.

18 ‘‘(B) The Secretary shall reallocate such excess funds

19 to other States whose grants under this part would other20 wise be insufficient to provide an appropriate level of serv21 ices to migratory children, in such amounts as the Sec22 retary determines are appropriate.

23 ‘‘(d) CONSORTIUM ARRANGEMENTS.—(1) In the case

24 of a State that receives a grant of $1,000,000 or less under

25 this section, the Secretary shall consult with the State edu-
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1 cational agency to determine whether consortium arrange2 ments with another State or other appropriate entity would

3 result in delivery of services in a more effective and efficient

4 manner.

5 ‘‘(2) A State, irrespective of the amount of its alloca6 tion, may propose a consortium arrangement.

7 ‘‘(3) The Secretary shall approve a consortium ar8 rangement under paragraph (1) or (2) if the proposal dem9 onstrates that the arrangement will—

10 ‘‘(A) reduce administrative costs or program

11 function costs for State programs; and

12 ‘‘(B) make more funds available for direct serv13 ices to add substantially to the welfare or educational

14 attainment of children to be served under this part.

15 ‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHIL16 DREN.—In order to determine the estimated number of mi17 gratory children residing in each State for purposes of this

18 section, the Secretary shall—

19 ‘‘(1) use such information as the Secretary finds

20 most accurately reflects the actual number of migra21 tory children;

22 ‘‘(2) as soon as feasible develop and implement

23 a procedure for more accurately reflecting cost factors

24 for different types of summer program designs which

25 will be used to adjust the estimated number of chil-
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1 dren who reside in a State in order to reflect the

2 number of migratory children who are served in sum3 mer programs (which may include intersession pro4 grams) in the State and the additional costs of oper5 ating such programs; and

6 ‘‘(3) conduct an analysis of the options for ad7 justing the formula so as to better direct services to

8 the child whose education has been interrupted.

9 ‘‘SEC. 1304. STATE APPLICATIONS; SERVICES.

10 ‘‘(a) APPLICATION REQUIRED.—Any State wishing to

11 receive a grant under this part for any fiscal year shall

12 submit an application to the Secretary at such time and

13 in such manner as the Secretary may require.

14 ‘‘(b) PROGRAM INFORMATION.—Each such application

15 shall include—

16 ‘‘(1) a description of how, in planning, imple17 menting, and evaluating programs and projects under

18 this part, the State and its operating agencies will

19 ensure that the special educational needs of migratory

20 children are identified and addressed through a com21 prehensive plan for needs assessment and service de22 livery that meets the requirements of section 1306, in23 cluding, when feasible, recording the migratory status

24 of such children and their average daily attendance

25 on State student collection data;
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1 ‘‘(2) a description of the steps the State is taking

2 to provide migratory students with the opportunity to

3 meet the same challenging performance standards that

4 all children are expected to meet;

5 ‘‘(3) a description of how the State will use its

6 funds to promote interstate and intrastate coordina7 tion of services for migratory children, including how,

8 consistent with procedures the Secretary may require,

9 it will provide for educational continuity through the

10 timely transfer of pertinent school records, including

11 information on health, when children move from one

12 school to another, whether or not during the regular

13 school year;

14 ‘‘(4) a description of the State’s priorities for the

15 use of funds received under this part, and how they

16 relate to the State’s assessment of needs for services in

17 the State;

18 ‘‘(5) a description of how the State will deter19 mine the amount of any subgrants it will award to

20 local operating agencies, taking into account the re21 quirements of paragraph (1); and

22 ‘‘(6) such budgetary and other information as

23 the Secretary may require.

24 ‘‘(c) ASSURANCES.—Each such application shall also

25 include assurances, satisfactory to the Secretary, that—
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1 ‘‘(1) funds received under this part will be used

2 only—

3 ‘‘(A) for programs and projects, including

4 the acquisition of equipment, in accordance with

5 section 1306(b)(1); and

6 ‘‘(B) to coordinate such programs and

7 projects with similar programs and projects

8 within the State and in other States, as well as

9 with other Federal programs that can benefit mi10 gratory children and their families;

11 ‘‘(2) such programs and projects will be carried

12 out in a manner consistent with the objectives of sec13 tions 1114, 1115(b) and (d), 1120, and 1121(b) and

14 (c), and part F of this title;

15 ‘‘(3) in the planning and operation of programs

16 and projects at both the State and local operating

17 agency level, there is appropriate consultation with

18 parent advisory councils for programs lasting a

19 school year, and that all such programs and projects

20 are carried out, to the extent feasible, in a manner

21 consistent with section 1118 of this title;

22 ‘‘(4) in planning and carrying out such pro23 grams and projects, there has been, and will be, ade24 quate provision for addressing the unmet education

25 needs of preschool migratory children;
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1 ‘‘(5) the effectiveness of such programs and

2 projects will be determined, where feasible, using the

3 same approaches and standards that will be used to

4 assess the performance of students, schools, and local

5 educational agencies under part A of this title; and

6 ‘‘(6) the State will assist the Secretary in deter7 mining the number of migratory children under sec8 tion 1303(e), through such procedures as the Secretary

9 may require.

10 ‘‘(d) PRIORITY FOR SERVICES.—In providing services

11 with funds received under this part, each recipient of such

12 funds shall give priority to migratory children who are fail13 ing, or most at risk of failing, to meet the State’s challeng14 ing performance standards, and whose education has been

15 interrupted during the regular school year.

16 ‘‘(e) CONTINUATION OF SERVICES.—Notwithstanding

17 any other provision of this part—

18 ‘‘(1) a child who ceases to be a migratory child

19 during a school term shall be eligible for services until

20 the end of such term;

21 ‘‘(2) a child who is no longer a migratory child

22 may continue to receive services for one additional

23 school year, but only if comparable services are not

24 available through other programs; and
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1 ‘‘(3) secondary school students who were eligible

2 for services in secondary school may continue to be

3 served through credit accrual programs until gradua4 tion.

5 ‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

6 ‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall

7 approve each State application that meets the requirements

8 of this part.

9 ‘‘(b) PEER REVIEW.—The Secretary may review any

10 such application with the assistance and advice of State

11 officials and other individuals with relevant expertise.

12 ‘‘SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND

13 SERVICE-DELIVERY PLAN; AUTHORIZED AC14 TIVITIES.

15 ‘‘(a) COMPREHENSIVE PLAN.—Each State that re16 ceives a grant under this part shall ensure that the State

17 and its local operating agencies identify and address the

18 special educational needs of migratory children in accord19 ance with a comprehensive State plan that—

20 ‘‘(1)(A) is integrated with the State’s plan, either

21 approved or being developed, under title III of the

22 Goals 2000: Educate America Act and satisfies the re23 quirements of this section that are not already ad24 dressed by such State plan; and
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1 ‘‘(B) is integrated with other State plans, if any,

2 under the School-To-Work Opportunities Act of 1993

3 and the Carl D. Perkins Vocational and Applied

4 Technology Act to the extent that such plans have not

5 already been incorporated in the State’s plan under

6 title III of the Goals 2000: Educate America Act;

7 ‘‘(2) if the State does not have an approved plan

8 under title III of the Goals 2000: Educate America

9 Act and is not developing such a plan—

10 ‘‘(A) is integrated with other State plans,

11 such as those under the School-To-Work Oppor12 tunities Act of 1993 and the Carl D. Perkins Vo13 cational and Applied Technology Act, where such

14 plans exist; and

15 ‘‘(B) satisfies the requirements of this sec16 tion;

17 ‘‘(3) may be submitted as a part of a consoli18 dated application under section 9302;

19 ‘‘(4) provides that migratory children will have

20 an opportunity to meet the same challenging perform21 ance standards, set out in those plans, that all chil22 dren are expected to meet;

23 ‘‘(5) specifies measurable program goals and

24 outcomes;
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1 ‘‘(6) encompasses the full range of services that

2 are available for migratory children from appropriate

3 local, State and Federal educational programs;

4 ‘‘(7) is the product of joint planning among such

5 local, State, and Federal programs, including those

6 under part A of this title, early childhood programs,

7 and bilingual education programs under title VII of

8 this Act;

9 ‘‘(8) provides for the integration of services

10 available under this part with services provided by

11 such other programs; and

12 ‘‘(9) to the extent feasible, provides for—

13 ‘‘(A) advocacy and outreach activities for

14 migratory children and their families, including

15 informing them of, or helping them gain access

16 to, other education, health, nutrition, and social

17 services;

18 ‘‘(B) professional development programs, in19 cluding mentoring, for teachers and other pro20 gram personnel;

21 ‘‘(C) parent involvement programs (as de22 fined under section 1118) and, when feasible, the

23 establishment of instructional programs such as

24 use of the model developed under the Even Start

25 Family Literacy Programs that promote adult
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1 literacy and train parents to support the edu2 cational growth of their children;

3 ‘‘(D) the integration of communication and

4 information technology into educational and re5 lated programs; and

6 ‘‘(E) programs to facilitate the transition of

7 high school students to postsecondary education

8 or employment.

9 A State may satisfy all or part of the requirements of this

10 section by referencing applicable sections of its approved

11 plan under title III of the Goals 2000: Educate America

12 Act.

13 ‘‘(b) AUTHORIZED ACTIVITIES.—(1) In implementing

14 the comprehensive plan described in subsection (a), each

15 local operating agency shall have the flexibility to determine

16 the activities to be provided with funds made available

17 under this part, provided that—

18 ‘‘(A) before funds provided under this part are

19 used to provide services described in subparagraph

20 (B), those funds shall be used to meet the identified

21 needs of migratory children that—

22 ‘‘(i) result from the effects of their migra23 tory lifestyle, or are needed to permit migratory

24 children to participate effectively in school; and
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1 ‘‘(ii) are not addressed by services provided

2 under other programs, including part A of this

3 title; and

4 ‘‘(B) all migratory children who are eligible to

5 receive services under part A of this title shall receive

6 such services with funds provided under this part or

7 under part A of this title.

8 ‘‘(2) This subsection shall not apply to funds under

9 this part that are used for schoolwide programs under sec10 tion 1114 of this title.

11 ‘‘SEC. 1307. BYPASS.

12 ‘‘The Secretary may use all or part of any State’s allo13 cation under this part to make arrangements with any pub14 lic or private nonprofit agency to carry out the purpose

15 of this part in such State if the Secretary determines that—

16 ‘‘(1) the State is unable or unwilling to conduct

17 educational programs for migratory children;

18 ‘‘(2) such arrangements would result in more ef19 ficient and economic administration of such pro20 grams; or

21 ‘‘(3) such arrangements would add substantially

22 to the welfare or educational attainment of such

23 children.
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1 ‘‘SEC. 1308. COORDINATION OF MIGRANT EDUCATION AC2 TIVITIES.

3 ‘‘(a) IMPROVEMENT OF COORDINATION.—The Sec4 retary, in consultation with the States, may make grants

5 to, or enter into contracts with, State educational agencies,

6 local educational agencies, institutions of higher education,

7 and other public and private nonprofit entities to improve

8 the interstate and intrastate coordination among State and

9 local educational agencies of their educational programs,

10 including the establishment or improvement of programs for

11 credit accrual and exchange, available to migratory stu12 dents. Grants under this subpart may be made for up to

13 5 years.

14 ‘‘(b) ASSISTANCE AND REPORTING.—(1) Within 60

15 days of enactment, the Secretary shall convene a panel of

16 Chief State School Officers and technical experts to assess

17 alternative methods by which student records may be trans18 ferred from one school to another. Within 150 days of hav19 ing been convened, the panel shall make recommendations

20 to the Secretary on how schools may adopt the most cost21 effective means of exchanging of school records. The Sec22 retary shall also develop the most cost-effective and accurate

23 method of determining the number of students or full-time

24 equivalent students in each State on a yearly basis. The

25 Secretary shall report to the Committee on Education and

26 Labor of the House of Representatives and the Committee
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1 on Labor and Human Resources of the Senate the panel’s

2 findings and the Secretary’s recommendations.

3 ‘‘(2) The Secretary may contract for services for pur4 poses of this section.

5 ‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of

6 carrying out this section, the Secretary shall reserve up to

7 $6,000,000 from the amount appropriated under section

8 1002(3) for each fiscal year to carry out this part.

9 ‘‘(d) COMPETITIVE GRANTS.—From the amounts made

10 available for this section, the Secretary shall reserve not

11 more than $1,500,000 to award, on a competitive basis,

12 grants in the amount of up to $100,000 each to State edu13 cational agencies with consortium agreements described

14 under section 1303(d). Not less than 10 of such grants shall

15 be awarded to States which receive allocations of less than

16 $1,000,000 if such States have approved agreements.

17 ‘‘SEC. 1309. DISTANCE LEARNING.

18 ‘‘(a) PROGRAM.—The Secretary may establish a dis19 tance learning program to provide, through competitive

20 grants, continuity in the education of migrant children

21 using technology, interactive learning, computers, and auto22 mated technology links achieved with modems and telephone

23 networks.

24 ‘‘(b) FUNDS.—Not more than $3,000,000 may be used

25 to establish the program under subsection (a).
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1 ‘‘SEC. 1310. DEFINITIONS.

2 ‘‘As used in this part, the following terms have the

3 following meanings:

4 ‘‘(1) The term ‘local operating agency’ means—

5 ‘‘(A) a local educational agency to which a

6 State educational agency makes a subgrant

7 under this part;

8 ‘‘(B) a public or nonprofit private agency

9 with which a State educational agency or the

10 Secretary makes an arrangement to carry out a

11 project under this part; or

12 ‘‘(C) a State educational agency, if the

13 State educational agency operates the State’s mi14 grant education program or projects directly.

15 ‘‘(2) The term ‘migratory child’ means—

16 ‘‘(A) for fiscal year 1996 and subsequent

17 years, a child who is, or whose parent or spouse

18 is, a migratory agricultural worker (including a

19 migratory dairy worker) or a migratory fisher,

20 and who, in the preceding 24 months, in order

21 to obtain, or accompany such parent or spouse

22 in order to obtain, temporary or seasonal em23 ployment in agricultural or fishing work—

24 ‘‘(i) has moved from one local edu25 cational agency to another; or
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1 ‘‘(ii) in a State that is comprised of a

2 single local educational agency, has moved

3 from one administrative area to another

4 within such agency; or

5 ‘‘(B) for fiscal year 1995 only, a child ful6 filling the requirements of subparagraph (A) for

7 a period of 36 months instead of for 24 months.

8 ‘‘PART D—PREVENTION AND INTERVENTION

9 SERVICES FOR DELINQUENT YOUTH AND

10 YOUTH AT RISK OF DROPPING OUT

11 ‘‘SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.

12 ‘‘(a) FINDINGS.—Congress finds the following:

13 ‘‘(1) A large percentage of youth in the juvenile

14 justice system have poor academic achievement, are a

15 year or more behind grade level, and have dropped

16 out of school.

17 ‘‘(2) There is a strong correlation between aca18 demic failure and involvement in delinquent activi19 ties.

20 ‘‘(3) Preventing students from dropping out of

21 local schools and addressing the educational needs of

22 delinquent youth can help reduce the dropout rate

23 and involvement in delinquent activities at the same

24 time.
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1 ‘‘(4) Many schools and correctional facilities fail

2 to communicate regarding a youth’s academic needs

3 and students often return to their home school ill-pre4 pared to meet current curriculum requirements.

5 ‘‘(5) Schools are often reluctant to deal with

6 youth returning from facilities and receive no funds

7 to deal with the unique educational and other needs

8 of such youth.

9 ‘‘(6) A continuing need exists for activities and

10 programs to reduce the incidence of youth dropping

11 out of school.

12 ‘‘(7) Federal dropout prevention programs have

13 demonstrated effectiveness in keeping children and

14 youth in school.

15 ‘‘(8) Pregnant and parenting teens are a high

16 at-risk group for dropping out of school and should

17 be targeted by dropout prevention programs.

18 ‘‘(9) Such youth need a strong dropout preven19 tion program which provides them with high level

20 skills and which provides supports to youth returning

21 from correctional facilities in order to keep them in

22 school.

23 ‘‘(b) PURPOSE.—It is the purpose of this part—

24 ‘‘(1) to improve educational services to children

25 in local and State institutions for delinquent children
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1 so that they have the opportunity to meet the same

2 challenging State performance standards that all chil3 dren in the State will be expected to meet;

4 ‘‘(2) to provide such children the services they

5 need to make a successful transition from institu6 tionalization to further schooling or employment; and

7 ‘‘(3) to prevent at-risk youth from dropping out

8 of school and to provide dropouts and youth returning

9 from institutions with a support system to ensure

10 their continued education.

11 ‘‘(c) PROGRAM AUTHORIZED.—In order to carry out

12 the purpose of this part, the Secretary shall make grants

13 to State educational agencies, which shall make subgrants

14 to State agencies and local educational agencies to establish

15 or improve programs of education for delinquent children

16 and youth at risk of dropping out of school before gradua17 tion.

18 ‘‘SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.

19 ‘‘(a) AGENCY SUBGRANTS.—Based on the allocation

20 amount computed under section 1403, the Secretary shall

21 allocate to each State educational agency amounts nec22 essary to make subgrants to State agencies.

23 ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for

24 purposes of subpart 2, funds generated throughout the State

25 under part A based on youth residing in local correctional
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1 facilities, or attending community day programs for delin2 quent children.

3 ‘‘(c) USE OF REMAINING FUNDS.—Each State shall

4 use any funds remaining after allocations are made under

5 subsection (a).

6 ‘‘Subpart 1—State Agency Programs

7 ‘‘SEC. 1403. AMOUNT OF ALLOCATION TO STATE.

8 ‘‘(a) STATE ALLOCATION.—Each State educational

9 agency is eligible to receive under this part, for each fiscal

10 year, an amount equal to the product of—

11 ‘‘(1) the number of delinquent children in State

12 correctional facilities serving youth under the age of

13 21 who are enrolled for at least 20 hours per week in

14 education programs operated or supported by facili15 ties serving youth, and 10 hours a week in adult fa16 cilities serving youth.

17 ‘‘(2) 40 percent of the average per-pupil expendi18 ture in the State, except that the amount determined

19 under this paragraph shall not be less than 32 percent

20 or more than 48 percent of the average per-pupil ex21 penditure in the United States.

22 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

23 RICO.—For each fiscal year, the amount of the grant for

24 which a State agency in the Commonwealth of Puerto Rico

25 is eligible under this part shall be equal to—
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1 ‘‘(1) the number of children counted under sub2 section (a)(1) for Puerto Rico; multiplied by the prod3 uct of—

4 ‘‘(A) the percentage that the average per5 pupil expenditure in Puerto Rico is of the lowest

6 average per-pupil expenditure of any of the 50

7 States; and

8 ‘‘(B) 32 percent of the average per-pupil ex9 penditure in the United States.

10 ‘‘SEC. 1404. STATE PLAN.

11 ‘‘(a) STATE PLAN.—(1)(A) Each State educational

12 agency that desires to receive payments under this part

13 shall submit, for approval by the Secretary, a plan, which

14 shall be revised and updated as needed, for meeting the

15 needs of delinquent youth and children at risk of dropping

16 out that—

17 ‘‘(i) is integrated with the State’s plan, either

18 approved or being developed, under title III of the

19 Goals 2000: Educate America Act, and satisfies the

20 requirements of this section that are not already ad21 dressed by such State plan; or

22 ‘‘(ii) if the State does not have an approved plan

23 under title III of the Goals 2000: Educate America

24 Act or is not developing such a plan, is integrated
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1 with other State plans under this Act and satisfies the

2 requirements of this section.

3 ‘‘(B) A State plan submitted under paragraph

4 (1)(A)(i) may, if necessary, be submitted as an amendment

5 to the State’s plan under title III of the Goals 2000:

6 Educate America Act.

7 ‘‘(2) Each such plan shall also—

8 ‘‘(A) describe the State-established program

9 goals, objectives, and performance measures that will

10 be used to assess the effectiveness of the program in

11 improving academic and vocational skills of children

12 in the program;

13 ‘‘(B) provide that, to the extent feasible, such

14 children will have the same opportunities to learn as

15 they would have if they were in schools of local edu16 cational agencies in the State;

17 ‘‘(C) describe the manner in which such State

18 educational agency will make subgrants; and

19 ‘‘(D) contain assurances that the State edu20 cational agency will—

21 ‘‘(i) ensure that programs assisted under

22 this part will be carried out in accordance with

23 the State plan described in this subsection;

24 ‘‘(ii) carry out the evaluation requirements

25 of section 1408;
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1 ‘‘(iii) ensure that its State agencies comply

2 with all applicable statutory and regulatory re3 quirements; and

4 ‘‘(iv) provide such other information as the

5 Secretary may reasonably require.

6 ‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—(1)

7 The Secretary shall approve each State plan that meets the

8 requirements of this part.

9 ‘‘(2) The Secretary may review any such plan with

10 the assistance and advice of individuals with relevant ex11 pertise.

12 ‘‘(c) SUBGRANTS TO STATE AGENCIES.—A State agen13 cy is eligible for assistance under this part if it is respon14 sible for providing free public education for children in in15 stitutions for delinquent children.

16 ‘‘(d) STATE AGENCY APPLICATIONS.—A State agency

17 that desires to receive funds to carry out a program under

18 this part shall submit an application to the State edu19 cational agency that—

20 ‘‘(1) describes the procedures to be used, consist21 ent with the State plan under part A of this title, to

22 assess the educational needs of the children to be

23 served;

24 ‘‘(2) provides assurances that in making services

25 available to youth in adult correctional facilities, pri-
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1 ority will be given to such youth who are likely to

2 complete incarceration within a 2-year period;

3 ‘‘(3) describes the program, including a budget

4 for the first year of the program, with annual updates

5 to be provided;

6 ‘‘(4) describes how the program will meet the

7 goals and objectives of the State plan under this part;

8 ‘‘(5) describes how the State agency will consult

9 with experts and provide the necessary training for

10 appropriate staff, to ensure that the planning and op11 eration of institution-wide projects under section 1406

12 are of high quality;

13 ‘‘(6) describes how the agency will carry out the

14 evaluation requirements of section 1408 and how the

15 results of the most recent evaluation are used to plan

16 and improve the program;

17 ‘‘(7) includes data showing that the agency has

18 maintained fiscal effort required of a local edu19 cational agency, in accordance with section 9501 of

20 this title;

21 ‘‘(8) describes how the programs will be coordi22 nated with other appropriate State and Federal pro23 grams, including the Job Training Partnership Act,

24 vocational education, State and local dropout preven25 tion programs, and special education;
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1 ‘‘(9) describes how appropriate professional de2 velopment will be provided to teachers and other in3 structional and administrative personnel;

4 ‘‘(10) designates an individual in each affected

5 institution to be responsible for issues relating to the

6 transition of children from an institution to locally

7 operated programs;

8 ‘‘(11) describes how the agency will, endeavor to

9 coordinate with businesses for training and

10 mentoring for participating youth;

11 ‘‘(12) describes how the agency will assist in lo12 cating alternative programs through which students

13 can continue their education if they are not returning

14 to school after leaving the correctional facility;

15 ‘‘(13) describes how the agency will work with

16 parents to secure their assistance in improving the

17 educational achievement of their children and pre18 venting their further involvement in delinquent ac19 tivities;

20 ‘‘(14) describes how the agency works with spe21 cial education youth in order to meet an existing in22 dividualized education program and an assurance

23 that the agency will notify the youth’s local school if

24 such youth is identified as in need of special edu-
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1 cation services while the youth is in the facility and

2 if the youth intends to return to the local school;

3 ‘‘(15) describes how the agency will work with

4 youth who dropped out of school before entering the

5 facility to encourage such youth to reenter school once

6 their term has been completed or provide the youth

7 with the skills necessary to gain employment, con8 tinue their education, or achieve a high school equiva9 lency certificate if the youth does not intend to return

10 to school;

11 ‘‘(16) provides assurances that teachers and other

12 qualified staff are also trained to work with children

13 with disabilities and other students with special needs

14 taking into consideration the unique needs of such

15 students;

16 ‘‘(17) describes any additional services provided

17 to youth, including career counseling, assistance in

18 securing student loans, grants; and

19 ‘‘(18) describes how this program will be coordi20 nated with any programs operated under the Juvenile

21 Justice and Delinquency Act, if applicable.

22 ‘‘SEC. 1405. USE OF FUNDS.

23 ‘‘(a) GENERAL.—(1) A State agency shall use funds

24 received under this part only for programs and projects

25 that—
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1 ‘‘(A) are consistent with the State plan referred

2 to in section 1404(a); and

3 ‘‘(B) concentrate on providing participants with

4 the knowledge and skills needed to make a successful

5 transition to high school completion, further edu6 cation, or employment.

7 ‘‘(2) Such programs and projects—

8 ‘‘(A) may include the acquisition of equipment;

9 ‘‘(B) shall be designed to support educational

10 services that—

11 ‘‘(i) except for institution-wide projects

12 under section 1406, are provided to children

13 identified by the State agency as failing, or most

14 at risk of failing, to meet the State’s challenging

15 performance standards;

16 ‘‘(ii) supplement and improve the quality of

17 the educational services provided to such children

18 by the State agency; and

19 ‘‘(iii) afford such children an opportunity

20 to learn to such challenging State standards;

21 ‘‘(C) shall be carried out in a manner consistent

22 with section 1119(b) and part F of this title; and

23 ‘‘(D) may include the costs of meeting the eval24 uation requirements of section 1408.
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1 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program

2 under this part that supplements the number of hours of

3 instruction students receive from State and local sources

4 shall be considered to comply with the ‘supplement, not sup5 plant’ requirement of section 1119(b) of this title without

6 regard to the subject areas in which instruction is given

7 during those hours.

8 ‘‘SEC. 1406. INSTITUTION-WIDE PROJECTS.

9 ‘‘A State agency that provides free public education

10 for children in an institution for delinquent children may

11 use funds received under this part to serve all children in,

12 and upgrade the entire educational effort of, such institu13 tion or program if the State agency has developed, and the

14 State educational agency has approved, a comprehensive

15 plan for such institution or program that—

16 ‘‘(1) provides for a comprehensive assessment of

17 the educational needs of all youth in the institution

18 or program serving juveniles;

19 ‘‘(2) provides for a comprehensive assessment of

20 the educational needs of youth aged 20 and younger

21 in adult facilities who are expected to complete incar22 ceration within a 2-year period;

23 ‘‘(3) describes the steps the State agency has

24 taken, or will take, to provide all children under 21

25 with the opportunity to meet challenging academic
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1 and vocational standards in order to improve the

2 likelihood that the students will complete high school,

3 attain high school equivalency, or find employment

4 after leaving the institution;

5 ‘‘(4) describes the instructional program, pupil

6 services, and procedures that will be used to meet the

7 needs described in paragraph (1), including, to the

8 extent feasible, the provision of mentors for secondary

9 school students;

10 ‘‘(5) specifically describes how such funds will be

11 used;

12 ‘‘(6) describes the measures and procedures that

13 will be used to assess student progress;

14 ‘‘(7) describes how the agency has planned, and

15 will implement and evaluate, the institution-wide or

16 program-wide project in consultation with personnel

17 providing direct instructional services and support

18 services in institutions for delinquent children and

19 personnel from the State educational agency; and

20 ‘‘(8) includes an assurance that the State agency

21 has provided for appropriate training to teachers and

22 other instructional and administrative personnel to

23 enable them to carry out the project effectively.
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1 ‘‘SEC. 1407. THREE-YEAR PROJECTS.

2 ‘‘If a State agency operates a program under this part

3 in which individual children are likely to participate for

4 more than one year, the State educational agency may ap5 prove the State agency’s application for a subgrant under

6 this part for a period not to exceed 3 years.

7 ‘‘SEC. 1408. TRANSITION SERVICES.

8 ‘‘(a) TRANSITION SERVICES.—Each State agency shall

9 reserve not more than 10 percent of the amount it receives

10 under this part for any fiscal year to support projects that

11 facilitate the transition of children from State-operated in12 stitutions to local educational agencies.

13 ‘‘(b) CONDUCT OF PROJECTS.—A project supported

14 under this section may be conducted directly by the State

15 agency, or through a contract or other arrangement with

16 one or more local educational agencies, other public agen17 cies, or private nonprofit organizations.

18 ‘‘(c) LIMITATION.—Any funds reserved under sub19 section (a) shall be used only to provide transitional edu20 cational services, which may include counseling and

21 mentoring, to delinquent children in schools other than

22 State-operated institutions.
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1 ‘‘Subpart 2—Local Agency Programs

2 ‘‘SEC. 1410. PROGRAMS OPERATED BY LOCAL EDUCATIONAL

3 AGENCIES.

4 ‘‘(a) LOCAL SUBGRANTS.—With funds retained under

5 section 1402(2), the State educational agency shall make

6 subgrants to local educational agencies with—

7 ‘‘(1) a high number or percentage of youth who

8 are residing in local (including county) correctional

9 facilities for youth (including those involved in day

10 programs); and

11 ‘‘(2) which have the highest numbers or percent12 age of youth in the State which have dropped out of

13 school in the preceding fiscal year.

14 ‘‘(b) NOTIFICATION.—A State educational agency shall

15 notify local educational agencies which meet the criteria of

16 subsection (a) of their eligibility for participation in the

17 program.

18 ‘‘(c) PURPOSE OF LOCAL EDUCATIONAL AGENCY PRO19 GRAMS.—The purpose of this section is the operation of

20 local educational agency programs which involve collabora21 tion between local educational agencies and local correc22 tional facilities serving such youth to—

23 ‘‘(1) continue transition activities for youth re24 turning from such facilities;
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1 ‘‘(2) to operate dropout prevention programs in

2 local schools for youth at risk of dropping out and

3 youth returning from correctional facilities; and

4 ‘‘(3) to prepare youth who have finished their pe5 riod of incarceration for employment, high school

6 completion, and further education.

7 ‘‘(d) LOCAL EDUCATIONAL AGENCY APPLICATIONS.—

8 (1) Eligible local educational agencies which choose to take

9 part in programs funded under this section shall submit

10 an application to the State educational agency, containing

11 such information on programs to be operated under this

12 section as the State educational agency may require, and

13 which shall include—

14 ‘‘(1) a description of formal agreements between

15 the local educational agency and correctional facili16 ties and alternative school programs serving youth in17 volved with the juvenile justice system to operate pro18 grams for delinquent youth;

19 ‘‘(2) a description of how participating schools

20 will coordinate with facilities working with delin21 quent youth to ensure that such youth are participat22 ing in an education program comparable to one oper23 ating in the local school such youth would attend;

24 ‘‘(3) a description of the dropout prevention pro25 gram operated by participating schools and the types
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1 of services such schools will provide to at risk youth

2 in participating schools and youth returning from

3 correctional facilities;

4 ‘‘(4) a description of the youth expected to be

5 served by the dropout prevention program and how

6 the school will be coordinating existing educational

7 programs to meet unique education needs;

8 ‘‘(5) a description of how schools will coordinate

9 with existing social and health services to meet the

10 needs of students at risk of dropping out of school and

11 other participating students, including prenatal

12 health care and nutrition services related to the health

13 of the parent and child, parenting and child develop14 ment classes, child care, targeted re-entry and out15 reach programs, referrals to community resources,

16 and scheduling flexibility;

17 ‘‘(6) a description of any partnerships with local

18 businesses to develop training and mentoring services

19 for participating students;

20 ‘‘(7) a description of how the program will in21 volve parents in efforts to improve the education

22 achievement of their children, assist in dropout pre23 vention activities, and prevent the involvement of

24 their children in delinquent activities;
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1 ‘‘(8) a description of how this program will be

2 coordinated with other Federal, State, and local pro3 grams, including the Job Training and Partnership

4 Act and vocational education programs serving this

5 at risk population of youth;

6 ‘‘(9) a description of how the program will be co7 ordinated with programs operated under the Juvenile

8 Justice and Delinquency Prevention Act, if applica9 ble;

10 ‘‘(10) a description of how schools will work with

11 probation officers to assist in meeting the needs of

12 youth returning from correctional facilities;

13 ‘‘(11) a description of efforts participating

14 schools will make to ensure correctional facilities

15 working with youth are aware of a child’s existing in16 dividualized education program; and

17 ‘‘(12) a description of the steps participating

18 schools will take to find alternative placements for

19 youth interested in continuing their education but

20 unable to participate in a regular public school pro21 gram.

22 ‘‘(e) USES OF FUNDS.—Funds provided to local edu23 cational agencies under this section may be used for—

24 ‘‘(1) dropout prevention programs which serve

25 youth at educational risk, including pregnant and
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1 parent teens, youth who have come in contact with

2 the juvenile justice system, youth at least one year be3 hind their expected grade level, migrants, immigrants,

4 students with limited-English proficiency and gang

5 members;

6 ‘‘(2) the coordination of health and social serv7 ices for such youth if there is a likelihood that the

8 provision of such services including day care and

9 drug and alcohol counseling, will improve the likeli10 hood such students will complete their education; and

11 ‘‘(3) programs to meet the unique education

12 needs of youth at risk of dropping out, which may in13 clude vocational education, special education, career

14 counseling, and assistance in securing student loans

15 or grants.

16 ‘‘(f) PROGRAM REQUIREMENTS FOR CORRECTIONAL

17 FACILITIES RECEIVING FUNDS UNDER THIS SECTION.—

18 Each facility entering into a partnership with a local edu19 cational agency to provide services to youth under this sec20 tion shall—

21 ‘‘(1) ensure educational programs in juvenile fa22 cilities are coordinated with the student’s home school,

23 particularly with respect to special education students

24 with an individualized education program;
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1 ‘‘(2) notify the local school of a youth if the

2 youth is identified as in need of special education

3 servicers while in the facility;

4 ‘‘(3) provide transition assistance to help the

5 youth stay in school, including coordination of serv6 ices for the family, counseling, assistance in accessing

7 drug and alcohol abuse prevention programs, tutor8 ing, and family counseling;

9 ‘‘(4) provide support programs which encourage

10 the youth who have dropped out to reenter school once

11 their term has been completed or provide such youth

12 with the skills necessary for them to gain employment

13 or seek a high school equivalency certificate;

14 ‘‘(5) work to ensure facilities are staffed with

15 teachers and other qualified staff who are also trained

16 to work with children with disabilities and other spe17 cial needs students taking into consideration such

18 unique needs;

19 ‘‘(6) ensure educational programs in correctional

20 facilities are related to assisting students meet high

21 educational standards;

22 ‘‘(7) use, to the extent possible, technology to as23 sist coordinating educational programs between the

24 juvenile facility and community school;
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1 ‘‘(8) involve parents in efforts to improve the

2 educational achievement of their children and prevent

3 the further involvement of such children in delinquent

4 activities;

5 ‘‘(9) coordinate funds received under this pro6 gram with other available State, local, and Federal

7 funds to provide services to participating youth, in8 cluding the Job Training Partnership Act, and voca9 tional education;

10 ‘‘(10) coordinate programs operated under this

11 section with activities funded under the Juvenile Jus12 tice and Delinquency Prevention Act, if applicable;

13 and

14 ‘‘(11) if appropriate, work with local businesses

15 to develop training and mentoring programs for par16 ticipating youth.

17 ‘‘(g) ACCOUNTABILITY.—The State educational agency

18 may—

19 ‘‘(1) reduce or terminate funding for projects

20 funded under this section in local educational agen21 cies if such agencies do not show progress in reducing

22 dropout rates for male students and for female stu23 dents over a 3-year period; and

24 ‘‘(2) require juvenile facilities to demonstrate,

25 after 3 years, that there has been an increase in the
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1 number of youth returning to school, obtaining high

2 school equivalency certificates, or obtaining employ3 ment after such youth are released.

4 ‘‘SEC. 1411. PROGRAM EVALUATIONS.

5 ‘‘(a) SCOPE OF EVALUATION.—Each State agency or

6 local educational agency that conducts a program under

7 subpart 1 or 2 shall evaluate the program, disaggregating

8 data on participation by sex, and if feasible, by race, eth9 nicity, and age, not less than once every 3 years to deter10 mine its impact on the ability of participants to—

11 ‘‘(1) maintain and improve educational achieve12 ment;

13 ‘‘(2) accrue school credits that meet State re14 quirements for grade promotion and high school grad15 uation;

16 ‘‘(3) for delinquent youth, make the transition to

17 a regular program or other education program oper18 ated by a local educational agency; and

19 ‘‘(4) complete high school (or high school equiva20 lency requirements) and obtain employment after

21 leaving the institution.

22 ‘‘(b) EVALUATION MEASURES.—In conducting each

23 such evaluation with respect to subsection (a)(1), a State

24 agency or local educational agency shall use multiple and

25 appropriate measures of student progress.
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1 ‘‘(c) EVALUATION RESULTS.—Each State agency and

2 local educational agency shall —

3 ‘‘(1) submit evaluation results to the State edu4 cational agency; and

5 ‘‘(2) use the results of evaluations under this sec6 tion to plan and improve subsequent programs for

7 participating children.

8 ‘‘SEC. 1412. DEFINITIONS.

9 ‘‘For the purpose of this part, the following terms have

10 the following meanings:

11 ‘‘(1) The term ‘adult correctional institution’

12 means a facility in which persons are confined as a

13 result of a conviction for a criminal offense, including

14 persons under 21 years of age.

15 ‘‘(2) The term ‘at risk youth’ means school aged

16 youth who are at risk of academic failure, have drug

17 or alcohol problems, are pregnant or are parents, have

18 come into contact with the juvenile justice system in

19 the past, are at least one year behind the expected

20 grade level for such age, have limited-English pro21 ficiency, are gang members, have dropped out in the

22 past, or have high absenteeism rates.

23 ‘‘(3) The term ‘community-day program’ means

24 a regular program of instruction provided by a State
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1 agency at a community-day school operated specifi2 cally for delinquent children.

3 ‘‘(4) The term ‘institution for delinquent chil4 dren’ means a public or private residential facility

5 for the care of children who have been adjudicated to

6 be delinquent or in need of supervision.

7 ‘‘PART E—FEDERAL EVALUATIONS,

8 DEMONSTRATIONS, AND TRANSITION PROJECTS

9 ‘‘SEC. 1501. EVALUATIONS.

10 ‘‘(a) NATIONAL ASSESSMENT.—(1) The Secretary shall

11 conduct a national assessment of programs under this title,

12 in coordination with the ongoing Chapter 1 Longitudinal

13 Study under subsection (b) of this section, that shall be

14 planned, reviewed, and conducted in consultation with an

15 independent panel of researchers, State practitioners, local

16 practitioners, and other appropriate individuals.

17 ‘‘(2) The assessment shall examine how well schools,

18 local educational agencies, and States—

19 ‘‘(A) are progressing toward the goal of all chil20 dren served under this title reaching the State’s con21 tent and performance standards; and

22 ‘‘(B) are accomplishing the specific purposes set

23 out in section 1001(d) of this title to achieve this goal,

24 including—
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1 ‘‘(i) ensuring high standards for all chil2 dren and aligning the efforts of States, local edu3 cational agencies, and schools to help children

4 reach them;

5 ‘‘(ii) providing children an enriched and

6 accelerated educational program through

7 schoolwide programs or through additional serv8 ices that increase the amount and quality of in9 structional time that children receive;

10 ‘‘(iii) promoting schoolwide reform and ac11 cess of all children to effective instructional

12 strategies and challenging academic content;

13 ‘‘(iv) significantly upgrading the quality of

14 the curriculum and instruction by providing

15 staff in participating schools with substantial

16 opportunities for professional development;

17 ‘‘(v) coordinating services under all parts of

18 this title with each other, with other educational

19 services, including preschool services, and, to the

20 extent feasible, with health and social service

21 programs funded from other sources;

22 ‘‘(vi) affording parents meaningful opportu23 nities to participate in the education of their

24 children at home and at school, including the

25 provisions of family literacy services;
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1 ‘‘(vii) distributing resources to areas where

2 needs are greatest;

3 ‘‘(viii) improving accountability, as well as

4 teaching and learning, by making assessments

5 under this title congruent with State assessment

6 systems; and

7 ‘‘(ix) providing greater decisionmaking au8 thority and flexibility to schools in exchange for

9 greater responsibility for student performance.

10 ‘‘(3) Where feasible, the Secretary shall use informa11 tion gathered from a variety of sources, including the Na12 tional Assessment of Educational Progress, State evalua13 tions, and available research studies in carrying out this

14 subsection.

15 ‘‘(4) The Secretary shall submit a biennial report sum16 marizing the cumulative findings to date of the assessment

17 to the President and the appropriate committees of the

18 Congress.

19 ‘‘(b) STUDIES AND DATA COLLECTION.—The Secretary

20 may collect such data, as necessary, at the State, local, and

21 school levels and conduct studies and evaluations, including

22 national studies and evaluations, to assess on an ongoing

23 basis the effectiveness of programs under this title and to

24 report on such effectiveness on a periodic basis.
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1 ‘‘(c) NATIONAL EVALUATION OF TITLE I.—The Sec2 retary shall carry out an ongoing evaluation of the program

3 under part A of this title in order to provide the public,

4 Congress, and educators involved in such program, an accu5 rate description of the effectiveness of such program and

6 provide information that can be used to improve such pro7 gram’s effectiveness. Such evaluation shall—

8 ‘‘(1) have a longitudinal design tracking cohorts

9 of students for at least 3 years which, when the co10 horts are taken as a whole, provides a picture of such

11 program’s effectiveness over the elementary and sec12 ondary grades;

13 ‘‘(2) be separate and independent from State and

14 local assessments and evaluations as required under

15 this part;

16 ‘‘(3) utilize the highest available content stand17 ards that are generally accepted as national in scope;

18 ‘‘(4) provide information on all students, stu19 dents served under this part, and, if funds are suffi20 cient, information on students from low-income fami21 lies and limited English proficient students; and

22 ‘‘(5) when feasible, collect, cross-tabulate, and re23 port data by sex within race or ethnicity and socio24 economic status.
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1 The Secretary shall use the information from this evalua2 tion as part of the national assessment required by sub3 section (a) and shall report the data from this evaluation

4 to the Congress and the public at least as frequently as that

5 assessment.

6 ‘‘(d)(1) In conducting the National Assessment under

7 subsection (a) and the National Evaluation under sub8 section (b), the Secretary shall not assess the progress of

9 students in grade 1, kindergarten, and pre-kindergarten on

10 the basis of outcome measures such as content and perform11 ance standards;

12 ‘‘(2) any assessments of children in grade 2 shall uti13 lize matrix sampling and be performance-based; and

14 ‘‘(3) any data collected regarding children in grade 2

15 shall—

16 ‘‘(A) be collected at multiple points in time;

17 ‘‘(B) not be used to stigmatize, label, or place

18 any child; and

19 ‘‘(C) be collected in multiple domains.

20 ‘‘(e) PARENTAL INVOLVEMENT, STUDY, REPORT AND

21 DISSEMINATION.—(1) The Secretary, through the Office of

22 Education Research and Improvement, shall conduct a

23 study to identify and describe—
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1 ‘‘(A) common barriers to effective parental in2 volvement in the education of participating children;

3 and

4 ‘‘(B) successful local policies and programs

5 which improve parental involvement and the perform6 ance of participating children.

7 ‘‘(2) The Secretary shall—

8 ‘‘(A) complete such study by December 31, 1995;

9 ‘‘(B) report the findings of such study to the

10 Committee on Education and Labor of the House of

11 Representatives and to the Committee on Labor and

12 Human Resources of the Senate; and

13 ‘‘(C) disseminate the findings, relating to the

14 successful local policies and programs which improve

15 parental involvement and the performance of partici16 pating children, to local educational agencies.

17 ‘‘SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

18 ‘‘(a) DEMONSTRATION PROGRAMS TO IMPROVE

19 ACHIEVEMENT.—(1) From the funds appropriated for any

20 fiscal year under section 1002(7)(B), the Secretary may

21 make grants to State educational agencies, local educational

22 agencies, other public agencies, nonprofit organizations,

23 public/private partnerships involving business and indus24 try organizations, and consortia of such bodies to carry out

25 demonstration projects that show the most promise of ena-
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1 bling children served under this title to meet challenging

2 State standards. Such projects shall include promising

3 strategies such as—

4 ‘‘(A) accelerated curricula, the application of

5 new technologies to improve teaching and learning,

6 extended learning time, and a safe and enriched full7 day environment for children to provide them the op8 portunity to reach high standards;

9 ‘‘(B) integration of education services with each

10 other and with health, family, and other social serv11 ices such as mentoring programs, particularly in

12 empowerment zones and enterprise communities;

13 ‘‘(C) effective approaches to whole school reform;

14 ‘‘(D) programs that have been especially effective

15 with limited English proficient children, migratory

16 children and other highly mobile students, children

17 leaving institutions for neglected or delinquent chil18 dren and returning to school, and homeless children

19 and youth; and

20 ‘‘(E) programs that are built upon partnerships

21 developed between elementary and middle schools, em22 ployers, and the community which emphasize the in23 tegration of high quality academic and vocational

24 learning, stress excellence and high expectations for

25 success in core academic subjects, instill responsibil-
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1 ity, decisionmaking, problem solving, interpersonal

2 skills, and other competencies in students, and make

3 school relevant to the workplace and the community,

4 through applied and interactive teaching methodolo5 gies, team teaching strategies, learning opportunities

6 connecting school, the workplace, and the community,

7 and career exploration, awareness, and career guid8 ance opportunities.

9 ‘‘(2) The Secretary shall evaluate the demonstration

10 projects supported under this title, using rigorous meth11 odological designs and techniques, including control groups

12 and random assignment, to the extent feasible, to produce

13 reliable evidence of effectiveness.

14 ‘‘(b) PARTNERSHIPS.—(1) From funds appropriated

15 under section 1002(7)(B) for any fiscal year, the Secretary

16 may, directly or through grants or contracts, work in part17 nership with State educational agencies, local educational

18 agencies, other public agencies, and non-profit organiza19 tions to disseminate and use the highest quality research

20 and knowledge about effective practices to improve the qual21 ity of teaching and learning in schools supported under this

22 title.
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1 ‘‘SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSI2 TION PROJECTS.

3 ‘‘(a) IN GENERAL.—From not less than $10,000,000

4 of the amount appropriated under section 1002(7)(B) the

5 Secretary shall provide financial assistance to support in6 novative transition projects in elementary schools.

7 ‘‘(b) GRANTS.—(1) From 70 percent of the amount re8 served under subsection (a) to carry out this section, the

9 Secretary shall make grants to local educational agencies

10 for the purpose of supporting projects, for children from

11 low-income families who previously attended Head Start,

12 Even Start, or similar preschool programs, which provide

13 educational and other services in kindergarten and early

14 elementary grades.

15 ‘‘(2) The purpose of such projects are to assist such

16 children to—

17 ‘‘(A) make a successful transition from preschool

18 through the early elementary grades; and

19 ‘‘(B) achieve challenging academic standards.

20 ‘‘(3) A program assisted under this subsection shall—

21 ‘‘(A) provide transition-to-elementary school ac22 tivities, such as—

23 ‘‘(i) development of a transition plan for

24 each child, which provides for support and as25 sistance through the third grade;
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1 ‘‘(ii) transfer of each child’s preschool

2 records to the elementary school (with parental

3 consent);

4 ‘‘(iii) formal meetings between a child’s

5 parent, preschool teacher, and kindergarten or

6 first grade teacher; and

7 ‘‘(iv) kindergarten visits and other orienta8 tion activities for preschool children prior to en9 rollment in elementary school;

10 ‘‘(B) use a model instructional approach for

11 which financial assistance is provided under sub12 section (d);

13 ‘‘(C) provide directly or through referral com14 prehensive educational, health, nutritional, social,

15 and other services as will aid in the continued devel16 opment of eligible children to their full potential; and

17 ‘‘(D) provide for the direct participation of the

18 parents of such children in the development, oper19 ation, and evaluation of such program.

20 ‘‘(c) APPLICATIONS AND GRANT PRIORITY.—(1) An

21 application for a grant under subsection (b) shall—

22 ‘‘(A) describe the transition-to-elementary school

23 activities which the applicant plans to administer;
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1 ‘‘(B) describe the model instructional approach

2 the applicant will use, and the manner in which the

3 applicant will implement such approach;

4 ‘‘(C) provide evidence that the applicant has

5 made a formal arrangement to receive technical as6 sistance and training from the agency, organization,

7 or institution which sponsors such approach and re8 ceives funds under subsection (d);

9 ‘‘(D) describe the manner in which the applicant

10 will provide comprehensive services to the children to

11 be served;

12 ‘‘(E) describe how the applicant will provide for

13 direct participation by parents in the planning, oper14 ation, and evaluation of such program;

15 ‘‘(F) describe how such program will be coordi16 nated with title I, title VII, and other programs au17 thorized under this Act; and

18 ‘‘(G) provide evidence that—

19 ‘‘(i) the applicant has entered into formal

20 arrangements with local Head Start, Even Start,

21 and other preschool programs to ensure that the

22 transition activities supported by such program

23 are effective; and

24 ‘‘(ii) the transition activities, instruction,

25 and other services to be provided by the appli-
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1 cant have been specifically designed to build

2 upon, and coordinate with, those services pro3 vided to eligible children and their parents in

4 local Head Start, Even Start and other similar

5 preschool programs.

6 ‘‘(2) In making grants under subsection (b), the Sec7 retary shall—

8 ‘‘(A) give priority to applicants that—

9 ‘‘(i) propose to administer a project in

10 schools designated as a schoolwide program

11 under section 1114 of this Act; and

12 ‘‘(ii) propose to use an innovative transi13 tion and instructional approach which has been

14 shown to be effective for the purpose described in

15 paragraph (2) of subsection (b); and

16 ‘‘(B) provide sufficient funds to enable programs

17 to meet the purposes of paragraph (1) and the re18 quirements of paragraph (2).

19 ‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—From

20 30 percent of the amount reserved under subsection (a), the

21 Secretary shall make grants to public and private nonprofit

22 agencies, institutions, and organizations to provide—

23 ‘‘(1) technical assistance in the implementation

24 and expanded use of model transition and instruc25 tional approaches; and
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1 ‘‘(2) training in conjunction with the implemen2 tation and operation of such model approaches.

3 ‘‘(e) GENERAL PROVISIONS.—

4 ‘‘(1) An application for assistance under this

5 section may not be approved unless the Secretary is

6 satisfied that the services to be provided by the appli7 cant will supplement, and not supplant, services pre8 viously provided without Federal assistance.

9 ‘‘(2) A program which receives assistance under

10 subsection (b) must demonstrate that such program

11 achieved the purposes described in paragraph (2) of

12 such subsection in order to be eligible for a renewal

13 grant.

14 ‘‘PART F—GENERAL PROVISIONS

15 ‘‘SEC. 1601. FEDERAL REGULATIONS.

16 ‘‘(a) IN GENERAL.—The Secretary is authorized to

17 issue such regulations as are necessary to reasonably ensure

18 that there is compliance with this title.

19 ‘‘(b) NEGOTIATED RULEMAKING PROCESS.—(1) Prior

20 to publishing proposed regulations in the Federal Register

21 to carry out this title, the Secretary shall obtain the advice

22 and recommendations of representatives of Federal, State,

23 and local administrators, parents, teachers, and members

24 of local boards of education involved with the implementa25 tion and operation of programs under this title.
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1 ‘‘(2) Such advice and recommendations may be ob2 tained through such mechanisms as regional meetings and

3 electronic exchanges of information.

4 ‘‘(3) After obtaining such advice and recommenda5 tions, and prior to publishing proposed regulations, the Sec6 retary shall—

7 ‘‘(A) establish a negotiated rulemaking process

8 on a minimum of 4 key issues, including—

9 ‘‘(i) schoolwide projects;

10 ‘‘(ii) standards and assessment;

11 ‘‘(iii) parental involvement; and

12 ‘‘(iv) professional development;

13 ‘‘(B) select individuals to participate in such

14 process from among individuals or groups which pro15 vided advice and recommendations, with representa16 tion from all geographic regions; and

17 ‘‘(C) prepare a draft of proposed policy options

18 that shall be provided to the individuals selected by

19 the Secretary under subparagraph (A) not less than

20 45 days prior to the first meeting under such process.

21 ‘‘(4) Such process—

22 ‘‘(A) shall be conducted in a timely manner to

23 ensure that final regulations are issued by the Sec24 retary not later than the 240-day period required by

25 section 437 of the General Education Provisions Act;
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1 ‘‘(B) shall not be subject to the Federal Advisory

2 Committee Act but shall otherwise follow the provi3 sions of the Negotiated Rulemaking Act of 1990 (5

4 U.S.C. 561 et seq.).

5 ‘‘(5) In an emergency situation in which regulations

6 to carry out this title must be issued with a very limited

7 time to assist State and local educational agencies with the

8 operation of the program, the Secretary may issue proposed

9 regulations without following such process but shall, imme10 diately thereafter and prior to issuing final regulations,

11 conduct regional meetings to review such proposed regula12 tions.

13 ‘‘(c) SPECIAL RULE.—Funds made available under

14 section 1002(7) may not be released by the Secretary for

15 expenditure until such time as final regulations to carry

16 out part A are published in the Federal Register.

17 ‘‘(d) LIMITATION.—Regulations to carry out this part

18 may not require local programs to follow a particular in19 structional model, such as the provision of services outside

20 the regular classroom or school program.

21 ‘‘SEC. 1602. COORDINATION OF FEDERAL, STATE, AND

22 LOCAL ADMINISTRATION.

23 ‘‘(a) PROGRAM ASSISTANCE MANUAL.—The Secretary

24 shall, not later than 6 months after the publication of final

25 regulations under this title, prepare and distribute to State
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1 educational agencies, State agencies operating programs

2 under parts C and D, and local educational agencies, and

3 shall make available to parents and other interested indi4 viduals, organizations, and agencies, a manual for this title

5 to—

6 ‘‘(1) assist such agencies in—

7 ‘‘(A) enhancing the quality, increasing the

8 depth, or broadening the scope of activities for

9 programs under this title;

10 ‘‘(B) applying for program funds under this

11 title; and

12 ‘‘(C) meeting the program objectives under

13 this title;

14 ‘‘(2) assist State educational agencies in achiev15 ing proper and efficient administration of programs

16 funded under this title;

17 ‘‘(3) assist parents to become involved in the

18 planning for, and implementation and evaluation of,

19 programs and projects under this title; and

20 ‘‘(4) ensure that officers and employees of the De21 partment of Education, including officers and em22 ployees of the Secretary and officers and employees of

23 such Department charged with auditing programs

24 carried on under this title, uniformly interpret,
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1 apply, and enforce requirements under this title

2 throughout the United States.

3 ‘‘(b) CONTENTS OF POLICY MANUAL.—The policy

4 manual shall, with respect to programs carried out under

5 this title, contain descriptions, statements, procedural and

6 substantive rules, opinions, policy statements and interpre7 tations and indices to and amendments of the foregoing,

8 and in particular, whether or not such items are required

9 under section 552 of title 5, United States Code, to be pub10 lished or made available. The manual shall include—

11 ‘‘(1) a statement of the requirements applicable

12 to the programs carried out under this title, including

13 such requirements contained in this title, the General

14 Education Provisions Act, other applicable statutes,

15 and regulations issued under the authority of such

16 statutes;

17 ‘‘(2) an explanation of the purpose of each re18 quirement and its interrelationship with other appli19 cable requirements; and

20 ‘‘(3) model forms and instructions developed by

21 the Secretary for use by State and local educational

22 agencies, at their discretion, including, application

23 forms, application review checklists, and instruments

24 for monitoring programs under this title.
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1 ‘‘(c) RESPONSE TO INQUIRIES.—The Secretary shall

2 respond with written guidance not more than 90 days after

3 any written request (return receipt requested) from a State

4 or local educational agency regarding a policy, question,

5 or interpretation under this title. In the case of a request

6 from a local educational agency, such agency is required

7 to address its request to the State educational agency first.

8 ‘‘SEC. 1603. STATE ADMINISTRATION.

9 ‘‘(a) RULEMAKING.—(1) Each State that receives

10 funds under this title shall—

11 ‘‘(A) ensure that any State rules, regulations,

12 and policies relating to this title conform to the pur13 poses of this title and provide any such proposed

14 rules, regulations, and policies to the Committee of

15 Practitioners for their review and comment;

16 ‘‘(B) minimize such rules, regulations, and poli17 cies to which their local educational agencies and

18 schools are subject; and

19 ‘‘(C) identify any such rule, regulation, or policy

20 as a State-imposed requirement.

21 ‘‘(2) State rules, regulations, and policies under this

22 title shall support and facilitate local educational agency

23 and school-level systemic reform designed to enable all chil24 dren to meet the State’s standards.
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1 ‘‘(b) COMMITTEE OF PRACTITIONERS.—(1) Each State

2 educational agency shall create a State committee of practi3 tioners to advise the State in carrying out its responsibil4 ities under this title.

5 ‘‘(2) Each such committee shall include—

6 ‘‘(A) as a majority of its members, representa7 tives from local educational agencies;

8 ‘‘(B) administrators;

9 ‘‘(C) teachers, including vocational educators;

10 ‘‘(D) parents;

11 ‘‘(E) members of local boards of education;

12 ‘‘(F) representatives of private school children;

13 and

14 ‘‘(G) counselors.

15 ‘‘(3) The duties of the committee shall include a review,

16 prior to publication, of any proposed or final State rule

17 or regulation pursuant to this title. In an emergency situa18 tion where such rule or regulation must be issued within

19 a very limited time to assist local educational agencies with

20 the operation of the program, the State educational agency

21 may issue a regulation without prior consultation, but shall

22 immediately thereafter convene the State committee of prac23 titioners to review the emergency regulation prior to issu24 ance in final form.
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1 ‘‘(c) PAYMENT FOR STATE ADMINISTRATION.—Each

2 State may reserve for the proper and efficient performance

3 of its duties under this title the greater of—

4 ‘‘(1) one percent of the funds received under sec5 tion 1002(a) and (c) through (f); or

6 ‘‘(2) $325,000, or $50,000 in the case of Guam,

7 American Samoa, the Virgin Islands, the Northern

8 Mariana Islands, and Palau (until the Compact of

9 Free Association takes effect).

10 ‘‘TITLE II—IMPROVING

11 TEACHING AND LEARNING

12 ‘‘PART A—DWIGHT D. EISENHOWER

13 PROFESSIONAL DEVELOPMENT PROGRAM

14 ‘‘SEC. 2101. FINDINGS.

15 ‘‘The Congress finds that—

16 ‘‘(1) reaching the National Education Goals re17 quires a comprehensive educational reform strategy

18 that involves parents, schools, government, commu19 nities, and other public and private organizations at

20 all levels;

21 ‘‘(2) a crucial component of the strategy for

22 achieving these goals is ensuring, through sustained

23 and intensive high-quality professional development,

24 and through the development and adoption of high

25 quality curriculum, that all teachers are capable of
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1 providing challenging learning experiences in the core

2 academic subjects for their students;

3 ‘‘(3) decisionmaking as to what activities a State

4 or local educational agency should undertake to im5 prove teaching and learning are best made by indi6 viduals in the schools closest to the classroom and

7 most knowledgeable about the needs of schools and stu8 dents;

9 ‘‘(4) the potential positive impact of high-quality

10 professional development is underscored by recent re11 search findings that—

12 ‘‘(A) professional development must be fo13 cused on teaching and learning in order to

14 change the opportunities of all students to

15 achieve higher standards; and

16 ‘‘(B) effective professional development fo17 cuses on discipline-based knowledge and subject18 specific pedagogical skills, involves teams of

19 teachers and administrators in a school and,

20 through professional networks of teachers and ad21 ministrators, is interactive and collaborative,

22 motivates by its intrinsic content and relation23 ship to practice, builds on experience and learn24 ing-by-doing, and becomes incorporated into the

25 everyday life of the school;
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1 ‘‘(5) engaging teachers in the development of

2 high quality curricula is a powerful professional de3 velopment activity that improves teaching and learn4 ing;

5 ‘‘(6) special attention must be given in profes6 sional development activities to ensure that education

7 professionals are knowledgeable of, and make use of,

8 strategies for serving populations that historically

9 have lacked access to equal opportunities for advanced

10 learning and career advancement;

11 ‘‘(7) States and local educational agencies also

12 need to engage teachers in the development of high

13 quality curricula that are aligned with State or local

14 content and performance standards in order to im15 prove teaching and learning and ensure that students

16 achieve the State standards;

17 ‘‘(8) professional development is often a victim of

18 budget reductions in fiscally difficult times and cur19 ricula development is almost nonexistent in many

20 State and local school systems; and

21 ‘‘(9) the Federal Government has a vital role in

22 helping States and local educational agencies to make

23 sustained and intensive high-quality professional de24 velopment in the core academic subjects become an in25 tegral part of the elementary and secondary education
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1 system and in providing assistance to such agencies

2 to engage teachers in the development of high quality

3 curricula that are aligned with State or local content

4 and performance standards.

5 ‘‘SEC. 2102. PURPOSES.

6 ‘‘The purposes of this part are to provide assistance

7 to States and local educational agencies and to institutions

8 of higher education with teacher education programs so that

9 such agencies can determine how best to improve the teach10 ing and learning of all students through—

11 ‘‘(1) helping to ensure that teachers, other staff,

12 and administrators have access to sustained and in13 tensive high-quality professional development that is

14 aligned to challenging State content and performance

15 standards in the care academic subjects and that—

16 ‘‘(A) is tied to challenging State and local

17 curriculum content and student performance

18 standards;

19 ‘‘(B) reflects recent research on teaching and

20 learning;

21 ‘‘(C) incorporates effective strategies, tech22 niques, methods, and practices for meeting the

23 educational needs of diverse students, including

24 females, minorities, individuals with disabilities,

25 limited-English proficient individuals, and eco-
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1 nomically disadvantaged individuals, in order to

2 ensure that all students have the opportunity to

3 achieve challenging performance standards;

4 ‘‘(D) includes strong academic content and

5 pedagogical components;

6 ‘‘(E) is of sufficient intensity and duration

7 to have a positive and lasting impact on the

8 teacher’s performance in the classroom; and

9 ‘‘(F) is part of the everyday life of the

10 school and creates an orientation toward contin11 uous improvement throughout the school; and

12 ‘‘(2) assisting States and local educational agen13 cies to engage teachers in the development of high

14 quality curriculum that is aligned with State or local

15 content and performance standards.

16 ‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLOCA17 TION BETWEEN SUBPARTS.

18 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the

19 purpose of carrying out this part, there are authorized to

20 be appropriated $800,000,000 for fiscal year 1995 and such

21 sums as may be necessary for fiscal years 1996, 1997, 1998,

22 and 1999.

23 ‘‘(b) ALLOCATION BETWEEN SUBPARTS.—Of the funds

24 appropriated to carry out this part for a fiscal year, the

25 Secretary shall use—
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1 ‘‘(1) 5 percent to carry out subpart 1; and

2 ‘‘(2) 95 percent to carry out subpart 2.

3 ‘‘Subpart 1—Federal Activities

4 ‘‘SEC. 2111. PROGRAM AUTHORIZED.

5 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au6 thorized to make grants to, and enter into contracts and

7 cooperative agreements with, local educational agencies,

8 State educational agencies, State agencies for higher edu9 cation, educational service agencies, institutions of higher

10 education, and other public and private agencies, other or11 ganizations, and institutions to—

12 ‘‘(1) support activities of national significance

13 that will contribute to the development and imple14 mentation of high-quality professional development

15 activities in the core academic subject areas;

16 ‘‘(2) support the development of challenging cur17 riculum that is aligned with State or local content

18 and performance standards; and

19 ‘‘(3) evaluate activities carried out under this

20 subpart and under subpart 2.

21 ‘‘(b) COORDINATION WITH OTHER AGENCIES.—In

22 carrying out this program, the Secretary shall consult and

23 coordinate with the National Science Foundation, the Na24 tional Endowment for the Humanities, the National En-
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1 dowment for the Arts, and other appropriate Federal agen2 cies and entities.

3 ‘‘SEC. 2112. AUTHORIZED ACTIVITIES.

4 ‘‘(a) The Secretary shall use funds available to carry

5 out this subpart—

6 ‘‘(1) to provide seed money to eligible entities to

7 develop their capacity to offer sustained and intensive

8 high-quality professional development;

9 ‘‘(2) for the development and maintenance of a

10 national clearinghouse for science, mathematics, and

11 technology education materials which shall be admin12 istered as an adjunct clearinghouse of the ERIC sys13 tem of clearinghouses supported by the Office of Edu14 cational Research and Improvement;

15 ‘‘(3) to support consortia of educational agencies

16 and organizations in disseminating information and

17 providing assistance regarding curricula, teaching

18 methods, and assessment tools that support national

19 or State content standards in mathematics and

20 science; and

21 ‘‘(4) the evaluation of programs under this sub22 part and under subpart 2.

23 ‘‘(b) The Secretary may use funds available to carry

24 out this subpart—
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1 ‘‘(1) for the development and maintenance of na2 tional clearinghouses for core academic subjects as the

3 Secretary determines are needed and which shall be

4 administered as adjunct clearinghouses of the ERIC

5 system of clearinghouses supported by the Office of

6 Educational Research and Improvement;

7 ‘‘(2) to provide grants to entities to develop high

8 quality curricula that are aligned with voluntary na9 tional or State content standards;

10 ‘‘(3) to sponsor institutes that provide teachers

11 and administrators with professional development

12 that is based on strong and integrated disciplinary

13 content and pedagogical components;

14 ‘‘(4) for efforts to train teachers in the innova15 tive uses and applications of technology to enhance

16 student learning;

17 ‘‘(5) to encourage the development of local and

18 national professional networks of educators;

19 ‘‘(6) to disseminate standards in the core aca20 demic subjects, including information on voluntary

21 national content and performance standards and re22 lated models of high-quality professional development;

23 ‘‘(7) for efforts to train teachers in innovative

24 uses of applied learning strategies such as service

25 learning;
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1 ‘‘(8) to disseminate models of high-quality pro2 fessional development activities that train educators

3 in strategies, techniques, methods, and practices for

4 meeting the educational needs of historically under5 served populations, including females, minorities, in6 dividuals with disabilities, limited-English proficient

7 individuals, and economically disadvantaged individ8 uals, in order to ensure that all students have the op9 portunity to achieve challenging performance stand10 ards;

11 ‘‘(9) to promote the transferability of licensure

12 and certification of teachers and administrators

13 among State and local jurisdictions; and

14 ‘‘(10) to support the National Board for Profes15 sional Teaching Standards.

16 ‘‘(c) In carrying out subsection (a), the Secretary shall

17 ensure that each program, project, and activity contained

18 in such subsection receives an allocation that is no less than

19 the amount that each such program, project, or activity re20 ceived in fiscal year 1994.

21 ‘‘Subpart 2—State and Local Activities

22 ‘‘SEC. 2121. PROGRAM AUTHORIZED.

23 ‘‘The Secretary is authorized to make grants to State

24 educational agencies for the improvement of teaching and

25 learning through sustained and intensive high-quality pro-
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1 fessional development activities in the core academic sub2 jects at the State and local levels and the development by

3 teachers and others of high-quality curricula that are

4 aligned with State or local content and performance stand5 ards.

6 ‘‘SEC. 2122. ALLOCATION OF FUNDS.

7 ‘‘(a) RESERVATION OF FUNDS.—From the amount

8 made available to carry out this subpart for any fiscal year,

9 the Secretary shall—

10 ‘‘(1) reserve one half of one percent for the outly11 ing areas, to be distributed among them on the basis

12 of relative need, as determined by the Secretary in

13 light of the purposes of this part; and

14 ‘‘(2) reserve one half of one percent for the Sec15 retary of the Interior for programs under this subpart

16 for professional development activities for teachers,

17 other staff, and administrators in schools operated or

18 funded by the Bureau of Indian Affairs.

19 ‘‘(b) STATE ALLOTMENTS.—The Secretary shall allo20 cate the remaining amount to each of the 50 States, the

21 District of Columbia, and the Commonwealth of Puerto

22 Rico as follows, except that no State shall receive less than

23 one-half of one percent of such remaining amount:

24 ‘‘(1) 50 percent shall be allocated among such ju25 risdictions on the basis of their relative populations
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1 of individuals aged 5 through 17, as determined by

2 the Secretary on the basis of the most recent satisfac3 tory data.

4 ‘‘(2) 50 percent shall be allocated among such ju5 risdictions in accordance with the relative amounts

6 such jurisdictions received under part A of title I of

7 this Act for the preceding fiscal year.

8 ‘‘(c) REALLOCATION.—If any jurisdiction does not

9 apply for its allotment under subsection (b) for any fiscal

10 year, the Secretary shall reallocate such amount to the re11 maining jurisdictions in accordance with such subsection.

12 ‘‘SEC. 2123. WITHIN-STATE ALLOCATIONS.

13 ‘‘(a) RESERVATIONS.—Of the amounts received by a

14 State under this subpart for a fiscal year—

15 ‘‘(1) not more than 5 percent shall be used for

16 the administrative costs of programs carried out by

17 the State educational agency and the State agency for

18 higher education;

19 ‘‘(2) not more than 5 percent may be used for

20 State-level activities, as described in section 2125;

21 and

22 ‘‘(3) of the remaining amount—

23 ‘‘(A) 87 percent shall be distributed to local

24 educational agencies, to be used in accordance

25 with section 2129, as follows:
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1 ‘‘(i) 50 percent of such amount shall be

2 distributed in accordance with the relative

3 enrollments in public and private nonprofit

4 schools within their boundaries.

5 ‘‘(ii) 50 percent of such amount shall

6 be distributed in accordance with the rel7 ative amount such agencies received under

8 part A of title I of this Act for the preceding

9 fiscal year; and

10 ‘‘(B) 13 percent shall be used for competi11 tive grants to institutions of higher education as

12 described in section 2129.

13 ‘‘(b) LIMITATION.—

14 ‘‘(1) GENERAL RULE.—Except as provided in

15 paragraph (2), any local educational agency that re16 ceives an allocation of less than $10,000 under sub17 section (a) shall, for the purpose of providing services

18 under this subpart, form a consortium with at least

19 1 other local educational agency or institution of

20 higher education receiving assistance under this sec21 tion.

22 ‘‘(2) WAIVER.—The State educational agency

23 shall waive the application of paragraph (1) in the

24 case of any local educational agency that dem25 onstrates that the amount of its allocation is suffi-
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1 cient to provide a program of sufficient size, scope,

2 and quality to be effective. In granting waivers under

3 the preceding sentence, the State educational agency

4 shall—

5 ‘‘(A) give special consideration to local edu6 cational agencies serving rural areas; and

7 ‘‘(B) consider cash or in-kind contributions

8 provided from State or local sources that may be

9 combined with the local educational agency’s al10 location for the purpose of providing services

11 under this part.

12 ‘‘SEC. 2124. STATE APPLICATIONS.

13 ‘‘(a) APPLICATIONS REQUIRED.—Each State edu14 cational agency that wishes to receive its allotment under

15 this subpart for any fiscal year shall submit an application

16 to the Secretary at such time and in such form as the Sec17 retary may require.

18 ‘‘(b) STATE PLAN TO IMPROVE TEACHING AND LEARN19 ING—(1) Each application under this section shall include

20 a State plan that—

21 ‘‘(A) is integrated with the State’s plan, either

22 approved or being developed, under title III of the

23 Goals 2000: Educate America Act, and satisfies the

24 requirements of this section that are not already ad25 dressed by that State plan; or
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1 ‘‘(B) if the State does not have an approved plan

2 under title III of the Goals 2000: Educate America

3 Act and is not developing such a plan, is integrated

4 with other State plans under this Act and satisfies the

5 requirements of this section.

6 ‘‘(2) Each such plan shall also—

7 ‘‘(A) be developed in conjunction with the State

8 agency for higher education, institutions of higher

9 education, schools of education, and with the extensive

10 participation of teachers and administrators and

11 members of the public who are interested in improv12 ing education in the State and show the role of each

13 in implementation;

14 ‘‘(B) be designed to give teachers and adminis15 trators in the State the knowledge and skills to pro16 vide all students the opportunity to meet challenging

17 State performance standards;

18 ‘‘(C) include an assessment of State and local

19 needs for professional development and for the devel20 opment of curricula that are aligned with State or

21 local content and performance standards;

22 ‘‘(D) include a description of how the plan has

23 assessed the needs of local education agencies serving

24 rural areas, and what actions are planned to meet

25 those needs;
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1 ‘‘(E) include a description of how the plan has

2 maintained funding for professional development ac3 tivities in mathematics and science education;

4 ‘‘(F) include a description of how the activities

5 funded under this subpart will address the needs of

6 teachers in schools receiving assistance under part A

7 of title I of this Act;

8 ‘‘(G) a description of how programs in all core

9 academic subjects, but especially in mathematics and

10 science, will take into account the need for greater ac11 cess to, and participation in, such disciplines by stu12 dents from historically underrepresented groups, in13 cluding females, minorities, individuals with limited14 English proficiency, the economically disadvantaged,

15 and the disabled, by incorporating pedagogical strate16 gies and techniques which meet their educational

17 need;

18 ‘‘(H) if the State’s needs assessment under sub19 section (C) demonstrates a need for professional devel20 opment, describe how the State will—

21 ‘‘(i) work with teachers, including teachers

22 in schools receiving assistance under part A of

23 title I of this Act, administrators, local edu24 cational agencies, schools, and institutions of

25 higher education to ensure that they develop the
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1 capacity to support sustained and intensive,

2 high-quality professional development programs

3 in all the core academic subject areas, but espe4 cially in mathematics and science;

5 ‘‘(ii) take specific steps to review and, if

6 necessary, reform State requirements for licen7 sure of teachers and administrators, including

8 certification and recertification, to align such re9 quirements with challenging State content and

10 performance standards; and

11 ‘‘(iii) address the need for improving teach12 ing and learning through teacher development

13 beginning with recruitment, pre-service, and in14 duction, and continuing throughout the profes15 sional teaching career; and

16 ‘‘(I) if the State’s needs assessment under sub17 paragraph (C) demonstrates a need for curricula de18 velopment, describe—

19 ‘‘(i) a strategy for engaging teachers in the

20 development of curricula that are aligned with

21 State or local content and performance stand22 ards; and

23 ‘‘(ii) how the State will also work with ad24 ministrators, parents, school board members, and

25 other members of the community in developing
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1 high quality curricula that are aligned with

2 State or local content and performance stand3 ards.

4 ‘‘(c) ADDITIONAL MATERIAL.—Each State application

5 shall also include—

6 ‘‘(1) a description of how the activities funded

7 under this subpart will be coordinated, as appro8 priate, with—

9 ‘‘(A) other activities conducted with Federal

10 funds, especially activities supported under part

11 A of title I of this Act;

12 ‘‘(B) State and local funds;

13 ‘‘(C) resources from business and industry;

14 and

15 ‘‘(D) funds from other Federal agencies,

16 such as the National Science Foundation, the

17 Departments of Commerce, Energy, and Health

18 and Human Services, the National Endowment

19 for the Arts, and the National Endowment for

20 the Humanities; and

21 ‘‘(2) a description of the activities to be spon22 sored under the State-level activities and the higher

23 education components of its program under this sub24 part.
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1 ‘‘(d) PEER REVIEW AND SECRETARIAL APPROVAL.—

2 (1) The Secretary shall approve the application of a State

3 educational agency if it meets the requirements of this sec4 tion and holds reasonable promise of achieving the purposes

5 of this part.

6 ‘‘(2) In reviewing applications, the Secretary shall ob7 tain the advice of non-Federal experts on education in the

8 core academic subjects and on teacher education, including

9 teachers and administrators.

10 ‘‘(e) ASSURANCE.—Each State applying for funds

11 under this title shall provide the Secretary with the assur12 ance that after July 1, 1998, it will require each local edu13 cational agency within the State to certify that each full

14 time teacher in schools under the jurisdiction of the agency

15 is certified to teach in the subject area to which he or she

16 is assigned. Nothing in this subsection shall be construed

17 to prevent a State from implementing alternative methods

18 of teacher certification.

19 ‘‘SEC. 2125. STATE-LEVEL ACTIVITIES.

20 ‘‘Each State may use funds reserved under section

21 2123(a)(2) to carry out activities referred to in section

22 2124(b), such as—

23 ‘‘(1) reviewing and reforming State requirements

24 for teacher and administrator licensure, including

25 certification and recertification, to align such require-
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1 ments with the State’s content standards and ensure

2 that teachers and administrators have the knowledge

3 and skills necessary to help students meet challenging

4 State performance standards;

5 ‘‘(2) developing performance assessments and

6 peer review procedures, as well as other methods, for

7 licensing teachers and administrators;

8 ‘‘(3) providing technical assistance to schools

9 and local educational agencies especially schools and

10 local educational agencies that receive assistance

11 under part A of title I of this Act, to help such schools

12 and agencies provide effective professional develop13 ment in the core academic subjects and develop high

14 quality curricula;

15 ‘‘(4) developing or supporting professional devel16 opment networks, either within a State or in a re17 gional consortium of States, that provide a forum for

18 interaction among teachers and that allow exchange

19 of information on advances in content assessment and

20 pedagogy;

21 ‘‘(5) supporting partnerships between schools,

22 consortia of schools, or local education agencies and

23 institutions of higher education, including but not

24 limited to schools of education, which would encour25 age teachers to participate in intensive, ongoing pro-
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1 fessional development programs, both academic and

2 pedagogical, at institutions of higher education, and

3 to encourage students at institutions of higher edu4 cation studying to become teachers to have direct,

5 practical experience at the schools;

6 ‘‘(6) enhancing the effective use of educational

7 technology as an instructional tool for increasing stu8 dent understanding of the core academic subject areas

9 including—

10 ‘‘(A) efforts to train teachers in the innova11 tive uses and application of instructional tech12 nology;

13 ‘‘(B) utilizing and strengthening existing

14 telecommunications infrastructure dedicated to

15 educational purposes; and

16 ‘‘(C) efforts to train teachers in methods for

17 achieving gender equity both in access to and

18 teaching practices used in the application of edu19 cational technology;

20 ‘‘(7) providing incentives for teachers to be in21 volved in curriculum development and technical as22 sistance processes for teachers and students;

23 ‘‘(8) professional development enabling teachers

24 and other school staff to ensure that girls, young

25 women, minorities, limited English proficient stu-
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1 dents, individuals with disabilities, and economically

2 disadvantaged individuals have the opportunity to

3 achieve challenging State performance standards in

4 the core academic subjects by, for example, encourag5 ing girls, young women, and minorities to pursue ad6 vanced courses in mathematics and science;

7 ‘‘(9) designing professional development activi8 ties that increase the numbers of members of minority

9 and other underrepresented groups in the teaching

10 force in the core subjects;

11 ‘‘(10) developing high quality curriculum that is

12 aligned with State or local content and performance

13 standards; and

14 ‘‘(11) providing financial or other incentives for

15 teachers to become certified by the National Board for

16 Professional Teaching Standards.

17 ‘‘SEC. 2126. LOCAL PLAN AND APPLICATION FOR IMPROV18 ING TEACHING AND LEARNING.

19 ‘‘(a) LOCAL APPLICATION.—(1) Each local educational

20 agency that wishes to receive a subgrant under this subpart

21 shall submit an application (singly or as a consortia as

22 described in section 2123(b)) to the State educational agen23 cy at such time as the State educational agency shall re24 quire, but not less frequently than every 3rd year.
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1 ‘‘(2) If the local educational agency has an application

2 approved by the State under title III of the Goals 2000:

3 Educate America Act, the application required by this sec4 tion shall be a component of (or, if necessary, an addendum

5 to) its Goals 2000 application.

6 ‘‘(3) A local education agency shall set specific per7 formance indicators for improving teaching and learning

8 through professional development and curriculum develop9 ment.

10 ‘‘(4) A local educational agency shall submit, as part

11 of its application, the results of the needs assessment con12 ducted under subsection (b), and the local educational agen13 cy plan developed in accordance with subsection (c).

14 ‘‘(b) NEEDS ASSESSMENT.—(1) A local educational

15 agency that wishes to receive a subgrant under this subpart

16 shall include in its application an assessment of such agen17 cy’s need for professional development, for the development

18 of high quality curricula that are aligned with State or

19 local content and performance standards.

20 ‘‘(2) Such needs assessment shall be carried out with

21 the involvement of teachers, including teachers in schools

22 receiving assistance under part A of title I of this Act, and

23 shall take into account what activities need to be conducted

24 in order to give teachers and administrators the means, in25 cluding the knowledge and skills, to provide students with
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1 the opportunity to meet challenging State or local perform2 ance standards.

3 ‘‘(c) PLAN DEVELOPMENT.—(1) The plan required

4 under this subsection shall be developed jointly by the local

5 educational agency and by teachers from the core academic

6 disciplines.

7 ‘‘(2) Such teachers shall also be representative of the

8 grade spans within schools to be served and of schools which

9 receive assistance under part A of title I of this Act.

10 ‘‘(3) Based on the needs assessment required under sub11 section (b), the local educational agency’s plan shall include

12 the following—

13 ‘‘(A) a description of the local educational agen14 cy’s strategy to improve teaching and learning in

15 every school;

16 ‘‘(B) a description of how the plan contributes to

17 the local educational agency’s overall efforts for school

18 reform and educational improvement;

19 ‘‘(C) a description of the activities the local edu20 cational agency intends to undertake under this sub21 part consistent with such agency’s needs assessment

22 conducted under subsection (b);

23 ‘‘(D) a description of how the plan has main24 tained funding for professional development activities

25 in mathematics and science education;
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1 ‘‘(E) a description of how the activities funded

2 under this section will address the needs of teachers

3 in schools receiving assistance under part A of title

4 I of this Act;

5 ‘‘(F) a description of how programs in all core

6 academic subjects, but especially in mathematics and

7 science, will take into account the need for greater ac8 cess to, and participation in, such disciplines by stu9 dents from historically underrepresented groups, in10 cluding females, minorities, individuals with limited11 English proficiency, the economically disadvantaged,

12 and the disabled, by incorporating pedagogical strate13 gies and techniques which meet their educational

14 need;

15 ‘‘(G) an assurance that the activities conducted

16 with funds received under this program will be as17 sessed at least every 3 years using the performance in18 dicators; and

19 ‘‘(H) a description of how the program funded

20 under this subpart will be coordinated, as appro21 priate, with—

22 ‘‘(i) activities conducted under section 2130

23 and other services of institutions of higher edu24 cation;

25 ‘‘(ii) similar State and local activities;
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1 ‘‘(iii) resources provided under part A of

2 title I and other parts of this Act, particularly

3 part B of title II;

4 ‘‘(iv) resources from business, industry, pri5 vate nonprofit organizations (including muse6 ums, libraries, educational television stations,

7 community-based organizations, professional or8 ganizations and associations specializing in, or

9 with a demonstrated expertise in the core aca10 demic disciplines);

11 ‘‘(v) funds or programming from other Fed12 eral agencies, such as the National Science Foun13 dation, the Department of Energy, the Depart14 ment of Health and Human Services, the Na15 tional Endowment for the Humanities, and the

16 National Endowment for the Arts; and

17 ‘‘(vi) an identification of funding that will

18 provide the local educational agency’s contribu19 tion under section 2127.

20 ‘‘SEC. 2127. LOCAL COST SHARING.

21 ‘‘(a) IN GENERAL.—Each local educational agency

22 shall bear not less than 33 percent of the cost of any pro23 gram carried out under this subpart, but not including the

24 cost of services provided to private schoolteachers.
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1 ‘‘(b) AVAILABLE RESOURCES FOR COST-SHARING.—A

2 local educational agency may meet the requirements of sub3 section (a) through one or more of the following:

4 ‘‘(1) Cash expenditures from non-Federal sources,

5 including private contributions, directed toward pro6 fessional development and curriculum development

7 activities.

8 ‘‘(2) Release time for teachers participating in

9 professional development or curricula development

10 funded under this subpart.

11 ‘‘(3) Funds received under one or more of the fol12 lowing programs, if used for professional development

13 or curricula development activities consistent with

14 this subpart and consistent with the statutes under

15 which such funds are provided, then such funds must

16 be used for the benefit of students and teachers in the

17 schools that would otherwise have been served with

18 such funds:

19 ‘‘(A) Part A of title I of this Act.

20 ‘‘(B) The Safe and Drug Free Schools pro21 gram under title IV of this Act.

22 ‘‘(C) The bilingual education program

23 under title VII of this Act.

24 ‘‘(D) The Women’s Educational Equity

25 Program under title III of this Act.
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1 ‘‘(E) Title III of the Goals 2000: Educate

2 America Act.

3 ‘‘(F) Programs that are related to the pur4 poses of this Act that are administered by other

5 agencies, including the National Science Foun6 dation, the National Endowment for the Hu7 manities, the National Endowment for the Arts,

8 and the Department of Energy.

9 ‘‘(c) WAIVER.—The State educational agency may ap10 prove an application which has not fully met the require11 ments of subsection (a) and waive the requirements of sub12 section (a) if a local educational agency can demonstrate

13 that it is unable to meet the requirements of subsection (a)

14 due to economic hardship and that compliance with such

15 requirements would preclude its participation in the pro16 gram.

17 ‘‘SEC. 2128. LOCAL ALLOCATION OF FUNDS AND ALLOW18 ABLE ACTIVITIES.

19 ‘‘(a) LOCAL ALLOCATION OF FUNDS.—Each local edu20 cational agency that receives funds under this subpart for

21 any fiscal year—

22 ‘‘(1) shall use not less than 80 percent of such

23 funds for—
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1 ‘‘(A) professional development of teachers,

2 principals, and other instructional staff who

3 work directly with children; and

4 ‘‘(B) engaging teachers and other staff in

5 the development of high quality curricula aligned

6 with State and local content and performance

7 standards, in a manner that is determined by

8 such teachers and staff and is consistent with the

9 provisions of such local educational agency’s ap10 plication under section 2126, any school plan

11 under part A of title I of this Act, and any other

12 plan for professional development or curricula

13 development carried out with Federal, State, or

14 local funds; and

15 ‘‘(2) may use not more than 20 percent of such

16 funds for district-level professional or curricula devel17 opment activities, which may include the participa18 tion of administrators and policymakers if such ac19 tivities directly support instructional personnel.

20 ‘‘(b) AUTHORIZED ACTIVITIES.—Each local edu21 cational agency and school that receives funds under this

22 subpart shall use such funds for activities that give teachers

23 and administrators the knowledge and skills to provide stu24 dents with the opportunity to meet challenging State or

25 local content and performance standards. Funds received
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1 by local educational agencies under this subpart only shall

2 be used for the activities specified under subsections (c) and

3 (d). No less than 80 percent of those funds shall be used

4 for activities under subsection (c) and not more than 20

5 percent for activities under subsection (d).

6 ‘‘(c) PROFESSIONAL DEVELOPMENT.—If a needs as7 sessment conducted under section 2126(b) determines that

8 funds under this subpart should be used to provide profes9 sional development in the core academic subjects for teach10 ers and other school staff, the local educational agency shall

11 use such funds for professional development for teachers and

12 other staff to support teaching consistent with State, or

13 local content standards, and shall, to the extent practicable,

14 coordinate such activities with institutions of higher edu15 cation and activities under section 2129:

16 ‘‘(1) Professional development activities funded

17 under this subpart shall—

18 ‘‘(A) be tied to challenging State or local

19 content and student performance standards;

20 ‘‘(B) reflect recent research on teaching and

21 learning;

22 ‘‘(C) incorporates effective strategies, tech23 niques, methods, and practices for meeting the

24 educational needs of diverse students, including

25 females, minorities, individuals with disabilities,
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1 limited-English proficient individuals, and eco2 nomically disadvantaged individuals, in order to

3 ensure that all students have the opportunity to

4 achieve challenging performance standards;

5 ‘‘(D) include strong academic content and

6 pedagogical components;

7 ‘‘(E) be of sufficient intensity and duration

8 to have a positive and lasting impact on the

9 teacher’s performance in the classroom; and

10 ‘‘(F) be part of the everyday life of the

11 school and create an orientation toward continu12 ous improvement throughout the school.

13 ‘‘(2) Funds under this subpart may be used for

14 professional development activities such as—

15 ‘‘(A) professional development for teams of

16 teachers, administrators, or other staff from indi17 vidual schools, to support teaching consistent

18 with State or local content standards;

19 ‘‘(B) support and time for teachers and

20 other school staff to participate in professional

21 development in the core subjects offered through

22 professional associations, universities, commu23 nity-based organizations, and other providers in24 cluding museums and educational partnership

25 organizations;
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1 ‘‘(C) activities that provide followup for

2 teachers who have participated in professional

3 development activities that are designed to en4 sure that knowledge and skills learned by the

5 teacher are implemented in the classroom;

6 ‘‘(D) support for partnerships between

7 schools, consortia of schools, or local education

8 agencies and institutions of higher education, in9 cluding but not limited to schools of education,

10 which would encourage teachers to participate in

11 intensive, ongoing professional development pro12 grams, both academic and pedagogical, at insti13 tutions of higher education, and to encourage

14 students at institutions of higher education

15 studying to become teachers to have direct, prac16 tical experience at the schools;

17 ‘‘(E) the establishment and maintenance of

18 local professional networks that provide a forum

19 for interaction among teachers and that allow

20 exchange of information on advances in content

21 and pedagogy;

22 ‘‘(F) activities to prepare teachers in the ef23 fective use of educational technology as an in24 structional tool for increasing student under25 standing of the core academic subject areas;
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1 ‘‘(G) activities to enable teachers to ensure

2 that girls, young women, minorities, limited3 English proficient students, individuals with dis4 abilities, and economically disadvantaged indi5 viduals the opportunity to achieve the challeng6 ing State performance standards in the core aca7 demic subjects;

8 ‘‘(H) professional development and recruit9 ment activities designed to increase the number

10 of minorities, individuals with disabilities, and

11 females teaching in the core academic subject in

12 which they are underrepresented;

13 ‘‘(I) the development of incentive strategies

14 for rewarding schools where a substantial por15 tion of the teachers achieve certification by the

16 National Board for Professional Teaching Stand17 ards; and

18 ‘‘(J) other sustained and intensive high19 quality professional development activities in the

20 core academic subjects.

21 ‘‘(d) CURRICULUM DEVELOPMENT.—(1) If the needs

22 assessment of a local educational agency determines that

23 funds under this subpart should be used for curriculum de24 velopment, such agency shall use the funds provided to de-
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1 velop high quality curricula that is aligned with State or

2 local content and performance standards.

3 ‘‘(2) Funds may be used to purchase the curriculum

4 materials to the extent such materials are essential compo5 nents of the local educational agency’s plan to improve

6 teaching and learning in the core academic subjects.

7 ‘‘SEC. 2129. HIGHER EDUCATION ACTIVITIES.

8 ‘‘(a) GENERAL.—(1) The State agency for higher edu9 cation, working in conjunction with the State educational

10 agency (if it is a separate agency), shall make grants to,

11 or enter into contracts or cooperative agreements with, in12 stitutions of higher education and nonprofit organizations

13 including museums and educational partnership organiza14 tions, which demonstrate consultation and cooperation with

15 a local education agency, consortium of local education

16 agencies, or schools, for—

17 ‘‘(A) professional development activities in

18 the core academic subject areas that contribute to

19 the State plan for professional development;

20 ‘‘(B) engaging teachers in the development

21 of high-quality curricula that are aligned with

22 State or local content and performance stand23 ards;

24 ‘‘(C) developing and providing assistance to

25 local education agencies, and the teachers and
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1 staff of each such agency, for sustained, high2 quality professional development activities; and

3 ‘‘(D) improving teacher education programs

4 in order to promote further innovation in teach5 er education programs within an institution of

6 higher education and to better meet the needs of

7 the local education agencies for well-prepared

8 teachers;

9 ‘‘(2) All such awards shall be made on a competitive

10 basis.

11 ‘‘(3) No institution of higher education may receive as12 sistance under subsection (a)(1) of this subsection unless the

13 institution enters into an agreement with a local education

14 agency, or consortium of such agencies, to provide sus15 tained, high-quality professional development for the ele16 mentary and secondary school teachers in the schools of each

17 such agency.

18 ‘‘(4) Each project funded under this section shall in19 volve a joint effort of the recipient’s school or department

20 of education and the schools or departments in the specific

21 disciplines in which assistance may be provided.

22 ‘‘(b) ALLOWABLE ACTIVITIES.—A recipient of funds

23 under this section shall use those funds for—

24 ‘‘(1) sustained and intensive high-quality profes25 sional development for teams of teachers, or teachers
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1 and administrators from individual schools or dis2 tricts;

3 ‘‘(2) other sustained and intensive professional

4 development activities related to achievement of the

5 State plan for professional development such as—

6 ‘‘(A) establishment and maintenance of pro7 fessional networks of teachers that provide a

8 forum for interaction among teachers and that

9 allow exchange of information on advances in

10 content and pedagogy;

11 ‘‘(B) programs that prepare teachers to be

12 effective users of information technology, able to

13 integrate technology into their pedagogy and

14 their instructional practices, and able to enhance

15 their curricular offerings by appropriate appli16 cations of technology;

17 ‘‘(C) programs that utilize information

18 technology to deliver sustained and intensive

19 high quality professional development activities

20 for teachers;

21 ‘‘(D) activities to enable teachers to ensure

22 that girls, young women, minorities, limited23 English proficient students, individuals with dis24 abilities, and economically disadvantaged indi25 viduals have the opportunity to achieve the chal-
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1 lenging State performance standards in the core

2 academic subjects;

3 ‘‘(E) professional development and recruit4 ment activities designed to increase the number

5 of minorities, individuals with disabilities, and

6 other underrepresented groups teaching in the

7 core academic subjects, particularly in mathe8 matics and science;

9 ‘‘(F) establishment of professional develop10 ment academies operated as partnerships be11 tween one or more elementary or secondary

12 schools and one or more institutions of higher

13 education to provide school-based teacher train14 ing that provides prospective, novice, and experi15 enced teachers with an opportunity to work

16 under the guidance of master teachers and college

17 faculty members; and

18 ‘‘(G) technical assistance to local edu19 cational agencies in providing sustained and in20 tensive high quality professional development ac21 tivities for teachers.

22 ‘‘Subpart 3—General Provisions

23 ‘‘SEC. 2131. REPORTING AND ACCOUNTABILITY.

24 ‘‘(a) STATES.—Each State that receives funds under

25 this part shall submit a report to the Secretary every 3
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1 years on the State’s progress toward the performance indi2 cator identified in its State plan, as well as on the effective3 ness of State and local activities under this part.

4 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.—Each local

5 educational agency that receives funds under this part shall

6 submit a report to the State every 3 years on its progress

7 toward the outcome performance indicators in its plan.

8 ‘‘(c) FEDERAL EVALUATION.—The Secretary shall re9 port to the President and Congress on the effectiveness of

10 programs and activities funded under this part.

11 ‘‘(d) PROHIBITION ON FUNDS BEING USED FOR CON12 STRUCTION OR RENOVATION.—Funds received under this

13 part shall not be used for construction or renovation of

14 buildings, rooms, or any other facilities.

15 ‘‘SEC. 2132. DEFINITIONS.

16 ‘‘As used in this part, the following terms have the fol17 lowing meanings:

18 ‘‘(1) The term ‘core academic subjects’ means

19 those subjects listed in the State plan under title III

20 of the Goals 2000: Educate America Act or under Na21 tional Education Goal Three as set out in section

22 102(3) of such Act.

23 ‘‘(2) The term ‘performance indicators’ means

24 measures of specific outcomes that the State or local

25 educational agency identifies as assessing progress to-
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1 ward the goal of ensuring that all teachers have the

2 knowledge and skills to assist their students to meet

3 challenging State standards in the core academic sub4 ject areas. Examples of such indicators include—

5 ‘‘(A) the degree to which licensure require6 ments are tied to State standards;

7 ‘‘(B) specific increases in the number of ele8 mentary and secondary teachers with strong con9 tent backgrounds in the core academic subjects;

10 ‘‘(C) incorporates effective strategies, tech11 niques, methods, and practices for meeting the

12 educational needs of diverse students, including

13 females, minorities, individuals with disabilities,

14 limited-English proficient individuals, and eco15 nomically disadvantaged individuals, in order to

16 ensure that all students have the opportunity to

17 achieve challenging performance standards; and

18 ‘‘(D) specific increases in the number of

19 Board certified teachers licensed in each core

20 subject.

21 ‘‘(3) The term ‘sustained and intensive high22 quality professional development’ means professional

23 development activities that—
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1 ‘‘(A) are tied to challenging State or vol2 untary national content and performance stand3 ards;

4 ‘‘(B) reflect up-to-date research in teaching

5 and learning and include integrated content and

6 pedagogical components;

7 ‘‘(C) incorporates effective strategies, tech8 niques, methods, and practices for meeting the

9 educational needs of diverse students, including

10 females, minorities, individuals with disabilities,

11 limited English proficient individuals, and eco12 nomically disadvantaged individuals, in order to

13 assure that all students have the opportunity to

14 achieve challenging performance standards;

15 ‘‘(D) are of sufficient intensity and dura16 tion to have a positive and lasting impact on the

17 teacher’s performance in the classroom or the ad18 ministrator’s performance on the job; and

19 ‘‘(E) recognize teachers as an important

20 source of knowledge that should inform and help

21 shape professional development.

22 ‘‘(4) The term ‘local standard’ means challenging

23 content and performance standards in the core sub24 jects (in addition to State content and performance

25 standards approved by the State for title I).
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1 ‘‘PART B—TECHNOLOGY EDUCATION ASSISTANCE

2 ‘‘Subpart 1—Assistance to State and Local

3 Educational Agencies

4 ‘‘SEC. 2201. SHORT TITLE.

5 ‘‘This title may be cited as the ‘Technology Education

6 Assistance Act of 1994’.

7 ‘‘SEC. 2202. FINDINGS.

8 ‘‘The Congress finds that—

9 ‘‘(1) technology can produce far greater opportu10 nities for all students to learn to high standards and

11 promote efficiency and effectiveness in education;

12 ‘‘(2) the use of technology as a tool in the teach13 ing and learning process is essential to the develop14 ment and maintenance of a technologically literate

15 citizenry and an internationally competitive

16 workforce;

17 ‘‘(3) the acquisition and use of technology in

18 education throughout the United States has been in19 hibited by the absence of Federal leadership, the in20 ability of many State and local educational agencies

21 to invest in and support needed technologies, and the

22 limited availability of appropriate technology-en23 hanced curriculum, instruction, teacher training, and

24 administrative support resources and services in the

25 educational marketplace;
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1 ‘‘(4) educational equalization concerns and

2 school restructuring needs can be addressed through

3 educational telecommunications and technology by of4 fering universal access to high-quality teaching and

5 programs, particularly in urban and rural areas;

6 ‘‘(5) in the absence of appropriate educational

7 technology policies, the disparity between rich and

8 poor students will become even greater in a world

9 where technology and telecommunications increas10 ingly have become an integral part of many house11 holds;

12 ‘‘(6) the increasing use of new technologies and

13 telecommunications systems in business and industry

14 has furthered the gap between schooling and work

15 force preparation;

16 ‘‘(7) telecommunications can be a conduit for on17 going teacher training and improved professional de18 velopment by providing to teachers constant access to

19 updated research in teaching and learning;

20 ‘‘(8) research consistently shows that the planned

21 use of technology combined with teachers who are ade22 quately trained in its use can increase opportunities

23 for more students to develop higher order thinking

24 and technical skills than is possible with traditional

25 instruction;
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1 ‘‘(9) technology can engage students in learning

2 through media with which they are comfortable, and

3 prove to be an effective learning tool, particularly

4 when correlated with State and national curriculum

5 standards;

6 ‘‘(10) schools need new ways of financing the ac7 quisition and maintenance of educational technology;

8 and

9 ‘‘(11) the needs for educational technology differ

10 from State to State.

11 ‘‘SEC. 2203. STATEMENT OF PURPOSE.

12 ‘‘The purpose of this Act is to support a comprehensive

13 system for the acquisition and use by elementary and sec14 ondary schools in the United States of technology and tech15 nology-enhanced curricula, instruction, and administrative

16 support resources and services to improve the delivery of

17 educational services, such system shall include—

18 ‘‘(1) national leadership with respect to the need

19 for, and the provision of, appropriate technology-en20 hanced curriculum, instruction and administrative

21 programs to improve learning in the United States;

22 ‘‘(2) funding mechanisms which will support the

23 development, interconnection, implementation, im24 provement and maintenance of an effective edu25 cational technology infrastructure;
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1 ‘‘(3) information dissemination networks to fa2 cilitate access to information on effective learning

3 programs, assessment and evaluation of such pro4 grams, research findings, and supporting resources

5 (including instructionally based, technology-enhanced

6 programs, research and resources) by educators

7 throughout the United States;

8 ‘‘(4) an extensive variety of opportunities for

9 teacher, inservice training, and administrative train10 ing and technical assistance with respect to effective

11 uses of technologies in education;

12 ‘‘(5) utilizing and strengthening, not duplicat13 ing, existing telecommunications infrastructures dedi14 cated to educational purposes;

15 ‘‘(6) development and evaluation of new and

16 emerging educational technologies and telecommuni17 cations networks;

18 ‘‘(7) assessment data regarding state-of-the-art

19 uses of technologies in United States education upon

20 which commercial and noncommercial telecommuni21 cations entities, and governments can rely on for deci22 sionmaking about the need for, and provision of, ap23 propriate technologies for education in the United

24 States; and

25 ‘‘(8) authorize grants to States that—
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1 ‘‘(A) improve the academic performance of

2 students through technology;

3 ‘‘(B) strengthen the skills of teachers in ef4 fectively utilizing technology for student learn5 ing;

6 ‘‘(C) promote the planned application of

7 technology in education by those who will use the

8 technology; and

9 ‘‘(D) encourage collaborative relationships

10 between the State agency for higher education,

11 the State library administrative agency and the

12 State telecommunications agency for education

13 and the State educational agency in the area of

14 technology support to strengthen the system of

15 education.

16 ‘‘SEC. 2204. DEFINITIONS.

17 ‘‘For purposes of this title—

18 ‘‘(1) the terms ‘library’ and ‘State library ad19 ministrative agency’ shall have the same meaning

20 given to such terms in section 3 of the Library Serv21 ices and Construction Act (Public Law 84–579);

22 ‘‘(2) the term ‘Regional Education Laboratory’

23 shall have the same meaning given to such term in

24 section 405 of the Department of Education Organi25 zation Act (Public Law 96–88);
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1 ‘‘(3) the term ‘technology’ includes closed circuit

2 television systems, public telecommunications entities,

3 cable television, satellite, copper and fiber optic trans4 mission, computer, video and audio laser and CD

5 ROM disc, video and audio tapes or other tech6 nologies;

7 ‘‘(4) the term ‘credit enhancement’ means a fi8 nancial arrangement that enhances the credit quality

9 of the issuer or the financial instrument being used;

10 and

11 ‘‘(5) the term ‘interoperability’ means the ability

12 to communicate with operating systems developed na13 tionally and internationally using multiple network

14 media.

15 ‘‘SEC. 2205. IN-STATE APPORTIONMENT.

16 ‘‘(a) AUTHORIZATIONS.—The Secretary is authorized

17 to make grants to States in accordance with the provisions

18 of this title to strengthen the skills of educators and improve

19 learning through the use of technology.

20 ‘‘(b) ELEMENTARY, SECONDARY EDUCATION PRO21 GRAMS.—(1) For each fiscal year, an amount equal to 70

22 percent of each State’s allotment under section 2212(a)(2)

23 shall be used for elementary and secondary education pro24 grams by the State educational agency in accordance with

25 section 2206.
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1 ‘‘(2) Not less than 90 percent of a State’s allotment

2 under this subsection shall be available to local educational

3 agencies including services to adults and families of which

4 not more than 5 percent of the funds available to the local

5 educational agency for any fiscal year may be used for local

6 administration.

7 ‘‘(3) Not more than 10 percent of the amount allocated

8 under subsection (a) may be used by the State educational

9 agency for technical assistance and administrative costs of

10 which not less than 50 percent shall be used for technical

11 assistance.

12 ‘‘(c) HIGHER EDUCATION PROGRAMS.—(1) For each

13 fiscal year 20 percent of each State’s allotment under sec14 tion 2212(a)(2) shall be used by the State higher education

15 agency designated in the State plan for partnership pro16 grams between local educational agencies, including edu17 cational services to adults and families and higher edu18 cation institutions in accordance with section 2207.

19 ‘‘(2) Not less than 90 percent of the amount available

20 for this subsection shall be used by the State for grants to

21 institutions of higher education for partnership programs

22 in accordance with the provisions of section 2207.

23 ‘‘(3) Not more than 10 percent of the amount allocated

24 to the State’s higher education partnership program under

25 this section, may be used for the costs incurred for the eval-
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1 uation of programs assisted under section 2207; and for ad2 ministrative costs of the State’s higher education agency

3 designated in the State plan.

4 ‘‘(d) LIBRARY AND LITERACY PROGRAMS.—(1) For

5 each fiscal year 10 percent of each State’s allocation under

6 section 2212(a)(2) shall be used by the State library admin7 istrative agency to support collaborative activities among

8 libraries, literacy programs, and local educational agencies

9 in accordance with section 2208.

10 ‘‘(2) Not less than 90 percent of the amount available

11 for this section shall be used by the State for grants to local

12 public libraries and literacy programs in accordance with

13 the provisions of section 2208.

14 ‘‘(3) Not more than 10 percent of the amount available

15 under this section may be used by the State for the costs

16 incurred for evaluation of programs assisted under section

17 2208 and for administrative costs of the State library ad18 ministrative agency.

19 ‘‘SEC. 2206. ELEMENTARY AND SECONDARY EDUCATION

20 PROGRAMS.

21 ‘‘(a) IN GENERAL.—The amount apportioned under

22 section 2205(b) from each State’s allotment shall be used

23 by the State educational agency to strengthen elementary

24 and secondary education programs in accordance with the

25 provisions of this section.
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1 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.—(1) Each local

2 educational agency, including educational services for

3 adults and families, shall use the educational technology

4 funds available under section 2205(b)(2) for—

5 ‘‘(A) developing, adapting, or expanding existing

6 and new applications of technology to support the

7 school reform effort; and

8 ‘‘(B) funding projects of sufficient size and scope

9 to improve student learning and, as appropriate, sup10 port professional development, and provide adminis11 trative support.

12 ‘‘(2) To be eligible to receive educational technology

13 funds under this section for school or other school managed

14 alternative learning environment, a local educational agen15 cy must submit an application to the State educational

16 agency. If the local educational agency has an application

17 approved by the State under title III of the Goals 2000:

18 Educate America Act, the application required by this sec19 tion shall be a component of (or if necessary an addendum

20 to) its Goals 2000 application. The local educational agency

21 must also receive State approval of a technology use plan

22 which includes—

23 ‘‘(A) a description of how the local educational

24 agency plans to use the financial assistance received

25 under section 2205(b)(2) to improve the use of tech-
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1 nology in instruction, professional development and

2 administration;

3 ‘‘(B) a description of how funds under section

4 2205(b)(2) will be coordinated with other State, local

5 and Federal resources;

6 ‘‘(C) a description of how the school programs

7 will use other resources of the community and involve

8 public agencies, private industry, institutions of high9 er education, public and private nonprofit organiza10 tions, and other appropriate institutions;

11 ‘‘(D) assurances that the programs will be evalu12 ated and outcomes reported in terms of the level of

13 implementation of the technology-based resources

14 funded by this title, the impact on teaching and

15 learning, the changes in the school program, and the

16 extent to which the school will sustain the project

17 after funding is terminated;

18 ‘‘(E) a description of how the plan will support

19 State and local content and performance standards;

20 ‘‘(F) provisions to support, as needed, individual

21 teachers to develop and implement technology-based

22 intervention projects, including those which respond

23 to the needs of students with disabilities;

24 ‘‘(G) a description of how the financial assist25 ance will be used as appropriate for the expansion
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1 and improvement of professional development of

2 teachers and other appropriate personnel regarding

3 the use of technology, including the educational use of

4 computers, videos, and telecommunications to enhance

5 learning such training and instruction may be car6 ried out through agreements with public agencies, pri7 vate industry, institutions of higher education, re8 gional educational laboratories and national research

9 centers, nonprofit organizations, (including museums)

10 libraries, educational television stations;

11 ‘‘(H) a description of a strategy for the enhanced

12 involvement of parents through the use of technology;

13 and

14 ‘‘(I) a description of how the plan will address

15 the needs of students with disabilities.

16 ‘‘(3) A local educational agency for any fiscal year

17 may apply for financial assistance as part of a consortium

18 with other local educational agencies, institutions of higher

19 education, intermediate educational units, libraries, or

20 other appropriate educational entities to provide local pro21 grams. The State educational agency may assist in the for22 mation of consortia between local educational agencies, pro23 viders of educational services for adults and families, insti24 tutions of higher education, intermediate educational units,

25 libraries, or other appropriate educational entities to pro-
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1 vide services for the teachers and students in a local edu2 cational agency at the request of such local educational

3 agency.

4 ‘‘SEC. 2207. HIGHER EDUCATION PROGRAMS.

5 ‘‘(a) IN GENERAL.—The amount apportioned under

6 section 2205(c) from each State’s allotment shall be used

7 by the State for education programs in accordance with the

8 provisions of this section.

9 ‘‘(b) GRANTS TO INSTITUTIONS OF HIGHER EDU10 CATION.—(1) The State agency for higher education, in ac11 cordance with the State educational technology plan filed

12 under section 2209, shall make grants available on a com13 petitive basis to institutions of higher education in the State

14 which form partnerships with one or more local educational

15 agencies.

16 ‘‘(2) The amount available under section 2205(c)(2)

17 shall be used for—

18 ‘‘(A) professional development for new teachers

19 in the use of technology as an educational tool;

20 ‘‘(B) professional development for elementary,

21 secondary, adult and family, and vocational school

22 teachers and training for other appropriate school

23 personnel to improve their ability to use educational

24 technology in their teaching; and
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1 ‘‘(C) programs to improve student performance

2 in academic and work skill areas through the use of

3 technology.

4 ‘‘(3) No institution of higher education may receive as5 sistance under paragraph (2)(A), (B), and (C) unless the

6 institution enters into an agreement with a local edu7 cational agency, or consortium of such agencies, to provide

8 professional development for the elementary and secondary

9 school teachers in the public and private schools of the

10 school district of each agency.

11 ‘‘(c) COOPERATIVE PROGRAM.—The State higher edu12 cation agency may use funds described in section 2205(c)(2)

13 to achieve the objectives of section 2207 by establishing coop14 erative programs among institutions of higher education,

15 private industry, and non-profit organizations, that in16 clude one or more local education agencies, for the develop17 ment and dissemination of projects to improve student per18 formance in academic or work skill areas.

19 ‘‘(d) REPORTING.—In accordance with section 2205(c),

20 5 percent of the funding available for higher education part21 nerships may be used by the agency for higher education

22 for evaluating the programs funded under this section. Re23 ports on the progress of programs shall be provided to the

24 State educational agency annually.
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1 ‘‘SEC. 2208. LIBRARY AND LITERACY PROGRAMS.

2 ‘‘(a) IN GENERAL.—Except as provided in paragraph

3 (2), the amount apportioned under section 2205(d) from

4 each State’s allotment under this section shall be used by

5 the State to assist literacy and education programs in ac6 cordance with the provisions of this section.

7 ‘‘(b) GRANTS TO LOCAL PUBLIC LIBRARIES.—(1) In

8 accordance with the State education technology plan filed

9 under section 2209, the State library administrative agency

10 shall make grants available on a competitive basis to local

11 public libraries in the State which demonstrate involvement

12 of one or more local educational agencies and literacy pro13 grams or organizations in their activities.

14 ‘‘(2) The amount available under section 2205(d)(2)

15 shall be used for—

16 ‘‘(A) developing programs that help libraries,

17 local educational agencies, and literacy programs use

18 technology to share services and resources and develop

19 collaborative activities that improve their perform20 ance and that of the students in academic and work

21 skill areas; and

22 ‘‘(B) professional development for library, lit23 eracy, and other appropriate personnel to improve

24 their skills in the use of educational technology and

25 telecommunications.
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1 ‘‘(c) COOPERATIVE PROGRAM.—The State library ad2 ministration agency may use funds described in section

3 2205(d)(2) to achieve the objectives of section 2208 by estab4 lishing cooperative programs among public libraries, lit5 eracy organizations, private industries, and nonprofit edu6 cation organizations, if such programs include one or more

7 local educational agencies.

8 ‘‘(d) REPORTING.—In accordance with section

9 2205(d), funding available for library and literacy pro10 grams may be used by the library administrative agency

11 for reporting and evaluating the programs funded under

12 this section. Reports on the progress of programs shall be

13 provided to the State educational agency annually.

14 ‘‘SEC. 2209. STATE EDUCATIONAL TECHNOLOGY PLAN.

15 ‘‘(a) APPLICATION.—(1) Each State educational agen16 cy which desires to receive a grant under this title shall,

17 in consultation with the State agency for higher education

18 and the State library administrative agency, file a single

19 educational technology plan with the Secretary of Edu20 cation which covers a period of 5 fiscal years. The State

21 educational agency shall be responsible for funding, super22 vising, and coordinating programs described under this

23 title and shall file the educational technology plan at such

24 time, in such manner, and containing or accompanied by

25 such financial, educational and technological information
255

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1 as this section requires or as the Secretary may reasonably

2 require.

3 ‘‘(2) Such plan shall be—

4 ‘‘(A) integrated with the State’s plan either ap5 proved or being developed under the Goals 2000: Edu6 cate America Act, and shall satisfy the requirements

7 of this section that are not already addressed by that

8 State plan; or

9 ‘‘(B) if the State does not have an approved plan

10 under the Goals 2000: Educate America Act and is

11 not developing such a plan, integrated with other

12 State plans under this Act and satisfy the require13 ments of this section.

14 ‘‘(b) CONTENTS OF THE PLAN.—Each such plan

15 shall—

16 ‘‘(1) designate the State agency or agencies re17 sponsible for administering the elementary and sec18 ondary adult and family programs under section

19 2206, and the higher education programs under sec20 tion 2207 and designate the State library administra21 tive agency to administer the library and literacy

22 programs under section 2208 in support of improved

23 student learning;

24 ‘‘(2) describe a financial plan developed by the

25 State educational agency, which shall describe—
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1 ‘‘(A) financial assistance mechanisms to

2 best fit the technology needs of the State. Such

3 mechanisms, which must be included in the plan,

4 may include, but not be limited to—

5 ‘‘(i) grants;

6 ‘‘(ii) matching grants;

7 ‘‘(iii) loans;

8 ‘‘(iv) loan guarantees; and

9 ‘‘(v) other credit enhancements.

10 ‘‘(B) describe criteria and approving proce11 dures for submitting applications for programs

12 described in sections 2206, 2207, and 2208 for

13 funding assistance under section 2205 within the

14 State;

15 ‘‘(C) delineate processes for auditing and

16 monitoring the use of funds by recipients;

17 ‘‘(D) describe priorities for awarding funds

18 under various funding mechanisms; and

19 ‘‘(E) construe nothing in subsection (b)(2)

20 to implicitly or explicitly imply that the funds

21 made available under this subsection, through

22 whatever mechanism is chosen by the State agen23 cy, and recommended for approval to the Sec24 retary are backed by the full faith and credit of

25 the Federal Government;
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1 ‘‘(3) designate the State education agency or an2 other single agency to carry out the financial plan de3 veloped by the State education agency and to allocate

4 funds received under sections 2205 and 2212(a)(2).

5 Such designated agency shall be responsible for—

6 ‘‘(A) maintaining appropriate records of al7 location of funds, and, in the case of loans, ade8 quate collection procedures and records;

9 ‘‘(B) reporting annually to the Secretary

10 on the use of funds received under section

11 2212(a)(2);

12 ‘‘(4) describe an implementation strategy to co13 ordinate the expenditure of financial assistance paid

14 under sections 2205 and 2212(a)(2) with other State

15 and local funds, other Federal funds and resources;

16 ‘‘(5) provide assurances that financial assistance

17 provided under section 2205 shall supplement, not

18 supplant, State and local funds;

19 ‘‘(6) describe how business, industry, and other

20 public and private agencies, including libraries, lit21 eracy programs, and institutions of higher education,

22 can participate in the implementation, ongoing plan23 ning, and support of the plan;

24 ‘‘(7) delineate educational problems and needs in

25 the State, describe all learning environments sup-
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1 ported by the State plan, and specify how the appli2 cation of technology will address those and other

3 needs including but not limited to the special needs

4 of—

5 ‘‘(A) urban and rural schools;

6 ‘‘(B) students with disabilities; and

7 ‘‘(C) disadvantaged students;

8 ‘‘(8) provide assurances that—

9 ‘‘(A) during the 5-year period of the plan,

10 the State shall evaluate its standards for teacher

11 preparation in the use of technology; and

12 ‘‘(B) programs conducted with State funds

13 available under this title shall be evaluated and

14 an evaluation report shall be submitted to the

15 Secretary at the close of the third year of fund16 ing;

17 ‘‘(9) describe how the State educational agency

18 will promote the purchase of equipment by local

19 school districts and schools that, when placed in oper20 ation, will provide the greatest accessibility and eq21 uity for students and meet the highest level of inter22 operability and open system design within the emerg23 ing broad-based electronic information highway that

24 includes schools within the State;
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1 ‘‘(10) describe the State’s strategy for ensuring

2 that teachers, administrators and other education per3 sonnel have access to the necessary staff development

4 and technical assistance to improve teaching and

5 learning, school administration, and the electronic

6 transfer of, and access to, information;

7 ‘‘(11) establish a method for continuously gather8 ing and disseminating current and emerging infor9 mation on all aspects of educational technology to all

10 educators within the State;

11 ‘‘(12) describe how the State’s planned use of

12 technology is supportive of the national education

13 goals;

14 ‘‘(13) provide performance indicators and an

15 evaluation method for the State plan; and

16 ‘‘(14) create a planning process through which

17 such plan is reviewed and updated periodically.

18 ‘‘(c) APPROVAL OF PLANS.—(1) The State educational

19 agency shall submit a plan for approval to the Secretary

20 who shall expeditiously review such State plan.

21 ‘‘(2) Any State that submits a plan that is not

22 approved shall receive assistance from the Secretary to im23 prove its plan.
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1 ‘‘SEC. 2210. LOCAL EDUCATIONAL TECHNOLOGY PLAN.

2 ‘‘(a) APPLICATION.—A local educational agency that

3 desires to receive financial assistance under section 2205,

4 shall submit to the State educational agency (singly or in

5 conjunction with other local educational agencies, institu6 tions of higher education, or an intermediate educational

7 unit) a plan which covers a 3-year period.

8 ‘‘(b) CONTENTS OF THE PLAN.—A local educational

9 agency plan shall—

10 ‘‘(1) assure that the programs will be evaluated,

11 and outcomes reported in terms of —

12 ‘‘(A) the level of implementation of the tech13 nology-based resources funded by this title;

14 ‘‘(B) the impact on teaching and learning;

15 and

16 ‘‘(C) the extent to which the school or other

17 appropriate learning environments will sustain

18 the project after funding is terminated;

19 ‘‘(2) be consistent with district level planning for

20 educational technology, and shall support the local

21 and State’s curriculum frameworks;

22 ‘‘(3) make provision for technical support and

23 professional development as needed for individual

24 teachers to develop and implement technology-assisted

25 instruction; and
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1 ‘‘(4) provide a strategy for the enhanced involve2 ment of parents through the use of technology.

3 ‘‘SEC. 2211. FEDERAL ADMINISTRATION.

4 ‘‘(a) EVALUATION PROCEDURES.—The Secretary shall,

5 with State and local representatives, develop procedures for

6 State and local evaluations of the programs under this title.

7 ‘‘(b) EVALUATION SUMMARY.—The Secretary shall

8 submit to the Congress 4 years after the enactment of this

9 bill a summary of the State evaluations of programs under

10 this subpart.

11 ‘‘SEC. 2212. ALLOCATION OF FUNDS.

12 ‘‘(a) IN GENERAL.—(1) From the amount appro13 priated under section 2213 for any fiscal year, the Sec14 retary shall reserve—

15 ‘‘(A) not more than one half of one percent for

16 allocation among Guam, American Samoa, the Virgin

17 Islands, the Northern Mariana Islands, and the Trust

18 Territory of the Pacific Islands according to their re19 spective needs for assistance under this subpart; and

20 ‘‘(B) one half of 1 percent for programs for In21 dian students served by schools funded by the Sec22 retary of the Interior consistent with the purposes of

23 this subpart;

24 ‘‘(2) The remainder of the amount so appropriated

25 after meeting the requirements of paragraph (1) shall be
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1 allocated among the States (for purposes of this section, the

2 District of Columbia and Puerto Rico shall be considered

3 as States) with approved State plans under section 2209

4 as follows—

‘‘(A) 1 5 ⁄2 of such remainder shall be allocated

6 among the States by allocating to each State an

amount which bears the same ratio to such 1 7 ⁄2 of such

8 remainder as the number of children aged 5 to 17, in9 clusive, in the State bears to the number of such chil10 dren in all States;

‘‘(B) 1 11 ⁄2 of such remainder shall be allocated

12 among the States according to each State’s share of

13 allocations under part A of title I of the Elementary

14 and Secondary Education Act of 1965, except that no

State shall receive less than 1 15 ⁄2 of 1 percent of the

16 amount available under this subsection in any fiscal

17 year or less than the amount allotted to such State for

18 fiscal year 1988 under title II of the Education for

19 Economic Security Act;

20 ‘‘(C) for the purposes of this subsection, the term

21 ‘‘State’’ does not include Guam, American Samoa, the

22 Virgin Islands, the Northern Mariana Islands, or the

23 Trust Territory of the Pacific Islands; and

24 ‘‘(D) the number of children aged 5 to 17, inclu25 sive, in the State and in all States shall be deter-
263

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1 mined by the Secretary on the basis of the most recent

2 satisfactory data available to the Secretary.

3 ‘‘(3) The Secretary shall make payments under para4 graphs (1)(A) and (1)(B) on whatever terms the Secretary

5 determines will best carry out the purposes of title I of this

6 Act.

7 ‘‘(b) REALLOTMENT OF UNUSED FUNDS.—(1) The

8 amount of any State’s allotment under subsection (a) for

9 any fiscal year which the Secretary determines will not be

10 required for such fiscal year to carry out part B of title

11 II shall be available for reallotment from time to time, on

12 such dates during such year as the Secretary may deter13 mine, to other States in proportion to the original allot14 ments to such States under subsection (a) for such year,

15 but with such proportionate amount for any of such other

16 States being reduced to the extent it exceeds the sum the

17 Secretary estimates such State needs and will be able to

18 use for such year.

19 ‘‘(2) The total of reductions under paragraph (1) shall

20 be similarly reallotted among the States whose propor21 tionate amounts were not so reduced. Any amounts reallot22 ted to a State under this subsection during a year shall

23 be deemed a subpart of its allotment under subsection (a)

24 for such year.
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1 ‘‘SEC. 2213. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated $300,000,000

3 for this subpart for 1995 and such sums as may be nec4 essary for each of the fiscal years 1996 through 1999.

5 ‘‘Subpart 2—Research, Development, and

6 Demonstration of Educational Technology

7 ‘‘SEC. 2214. FINDINGS AND PURPOSES.

8 ‘‘(a) FINDINGS.—The Congress finds that—

9 ‘‘(1) technology has the potential to assist and

10 support the improvement of teaching and learning in

11 schools and other settings;

12 ‘‘(2) technology can provide students, parents,

13 teachers, and other education professionals with in14 creased access to information, instruction, and edu15 cational services in schools and other settings, includ16 ing homes, libraries, preschool and child-care facili17 ties, and postsecondary institutions;

18 ‘‘(3) technology can produce far greater opportu19 nities for all students to learn to high standards and

20 to promote efficiency and effectiveness in education;

21 and

22 ‘‘(4) the rapidly changing nature of technology

23 requires coordination and flexibility in Federal lead24 ership.

25 ‘‘(b) PURPOSES.—The purposes of this subpart are to

26 promote achievement of the National Education Goals and
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1 to increase the opportunity for all students to achieve to

2 challenging State standards by—

3 ‘‘(1) promoting awareness of the potential of

4 technology for improving teaching and learning;

5 ‘‘(2) supporting State and local efforts to in6 crease the effective use of technology for education;

7 ‘‘(3) demonstrating ways in which technology

8 can be used to improve teaching and learning, and to

9 help ensure that all students have an equal oppor10 tunity to meet challenging State education standards;

11 ‘‘(4) ensuring the availability of knowledge

12 drawn from research and experience that can form

13 the basis for sound State and local decisions about in14 vestment in, and effective uses of, educational tech15 nology;

16 ‘‘(5) promoting high-quality professional develop17 ment opportunities for teachers and administrators

18 on the integration of technology into instruction and

19 administration;

20 ‘‘(6) ensuring that Federal technology-related

21 policies and programs facilitate the use of technology

22 in education; and

23 ‘‘(7) ensuring that, as technological advances are

24 made, the educational uses of these advances are con25 sidered and their applications are developed.
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1 ‘‘SEC. 2215. OFFICE OF EDUCATIONAL TECHNOLOGY.

2 ‘‘There is established in the Department an Office of

3 Educational Technology, which shall be administered by a

4 Director of Educational Technology appointed by the Sec5 retary. The Office of Educational Technology, in consulta6 tion with other appropriate agencies, shall provide leader7 ship to the Nation in the use of technology to promote

8 achievement of the National Education Goals and to in9 crease opportunities for all students to achieve to challeng10 ing State standards, and shall perform such additional

11 functions as the Secretary may require.

12 ‘‘SEC. 2216. NATIONAL LONG-RANGE PLAN.

13 ‘‘(a) IN GENERAL.—(1) The Secretary shall develop

14 and publish by September 30, 1995, and update when ap15 propriate, a national long-range plan to carry out the pur16 poses of this subpart.

17 ‘‘(2) The Secretary shall—

18 ‘‘(A) develop the plan in consultation with other

19 Federal agencies, State and local education practi20 tioners and policy-makers, experts in technology and

21 the educational applications of technology, and pro22 viders of technology services and products;

23 ‘‘(B) transmit the plan to the President and to

24 the appropriate committees of the Congress; and

25 ‘‘(C) publish the plan in a form that is readily

26 accessible to the public.
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1 ‘‘(b) CONTENTS OF THE PLAN.—The national long2 range plan shall describe the Secretary’s activities to pro3 mote the purposes of this subpart, including—

4 ‘‘(1) how the Secretary will encourage the effec5 tive use of technology to provide all students the op6 portunity to achieve to challenging State standards,

7 especially through programs administered by the De8 partment;

9 ‘‘(2) joint activities with other Federal agencies,

10 such as the National Endowment for the Humanities,

11 the National Endowment for the Arts, the National

12 Aeronautics and Space Administration, the National

13 Science Foundation, and the Departments of Com14 merce, Energy, Health and Human Services, and

15 Labor, to promote the use of technology in education,

16 and training and lifelong learning, including plans

17 for the educational uses of a national information in18 frastructure, and to ensure that the policies and pro19 grams of such agencies facilitate the use of technology

20 for educational purposes to the extent feasible;

21 ‘‘(3) how the Secretary will work with educators,

22 State and local educational agencies, and appropriate

23 representatives of the private sector to facilitate the ef24 fective use of technology in education;

25 ‘‘(4) how the Secretary will promote—
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1 ‘‘(A) increased access to the benefits of tech2 nology for teaching and learning for schools with

3 high concentrations of children from low-income

4 families;

5 ‘‘(B) the use of technology to assist in the

6 implementation of State systemic reform strate7 gies;

8 ‘‘(C) the application of technological ad9 vances to use in education; and

10 ‘‘(D) increased opportunities for the profes11 sional development of teachers in the use of new

12 technologies;

13 ‘‘(5) how the Secretary will determine, in con14 sultation with appropriate individuals, organizations,

15 and agencies, the feasibility and desirability of estab16 lishing guidelines and protocols to facilitate effective

17 use of technology in education; and

18 ‘‘(6) the Secretary’s long-range measurable goals

19 and objectives relating to the purposes of this subpart.

20 ‘‘SEC. 2217. FEDERAL LEADERSHIP.

21 ‘‘(a) PROGRAM AUTHORIZED.—(1) In order to provide

22 Federal leadership in promoting the use of technology in

23 education, the Secretary, in consultation with the National

24 Science Foundation, the Department of Commerce, and

25 other appropriate Federal agencies, may carry out activi-
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1 ties designed to achieve the purposes of this subpart directly

2 or by awarding grants (pursuant to a peer review process)

3 to, or entering into contracts with, State educational agen4 cies, local educational agencies, institutions of higher edu5 cation, or other public and private nonprofit or for-profit

6 agencies and organizations.

7 ‘‘(2) For the purpose of carrying out coordinated or

8 joint activities consistent with the purposes of this subpart,

9 the Secretary may accept funds from, and transfer funds

10 to, other Federal agencies.

11 ‘‘(b) USES OF FUNDS.—The Secretary may use funds

12 appropriated under this subpart for activities designed to

13 carry out the purpose of this subpart, and to meet the goals

14 and objectives of the national long-range plan under section

15 2216, including—

16 ‘‘(1) planning grants to States and local edu17 cation agencies, to enable such entities to examine

18 and develop strategies for the effective use of tech19 nology to help achieve the objectives of the Goals 2000:

20 Educate America Act and the School-to-Work Oppor21 tunities Act of 1993;

22 ‘‘(2) development grants to technical assistance

23 providers, to enable them to improve substantially the

24 services they offer to educators on the educational uses

25 of technology, including professional development;
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1 ‘‘(3) consulting with representatives of industry,

2 elementary and secondary education, higher edu3 cation, and appropriate experts in technology and its

4 educational applications in carrying out activities

5 under this subpart;

6 ‘‘(4) research on, and the development of, guide7 lines and protocols to facilitate efficient and effective

8 use of technology in education;

9 ‘‘(5) research on, and the development of, edu10 cational applications of the most advanced and newly

11 emerging technologies;

12 ‘‘(6) the development, demonstration, and eval13 uation of applications of existing technology in pre14 school education, elementary and secondary edu15 cation, training and lifelong learning, and profes16 sional development of educational personnel;

17 ‘‘(7) the development and evaluation of software

18 and other products, including television program19 ming, that incorporate advances in technology and

20 help achieve the National Education Goals and chal21 lenging State standards;

22 ‘‘(8) the development, demonstration, and eval23 uation of model strategies for preparing teachers and

24 other personnel to use technology effectively to im25 prove teaching and learning;
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1 ‘‘(9) the development of model programs to dem2 onstrate the educational effectiveness of technology in

3 urban and rural areas and economically-distressed

4 communities;

5 ‘‘(10) research on, and the evaluation of, the ef6 fectiveness and benefits of technology in education;

7 ‘‘(11) conferences on, and dissemination of infor8 mation about, the uses of technology in education;

9 ‘‘(12) the development of model strategies to pro10 mote gender equity concerning access to, and the use

11 of, technology in the classroom; and

12 ‘‘(13) such other activities as the Secretary deter13 mines would meet the purposes of this subpart.

14 ‘‘(c) NON-FEDERAL SHARE.—(1) Subject to paragraph

15 (2), the Secretary is authorized to require any recipient of

16 a grant or contract under this subpart to share in the cost

17 of its project, which share shall be announced through a

18 notice in the Federal Register and may be in the form of

19 cash or in-kind contributions, fairly valued.

20 ‘‘(2) The Secretary may increase the non-Federal share

21 required of such recipient after the first year of the recipi22 ent’s project, except that such share may not exceed 50 per23 cent at any time during the recipient’s project.
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1 ‘‘SEC. 2218. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘For the purpose of carrying out this subpart, there

3 are authorized to be appropriated such sums as may be nec4 essary for each of the fiscal years 1995 through 1999.

5 ‘‘Subpart 3—Star Schools Program

6 ‘‘SEC. 2219. FINDINGS.

7 ‘‘SEC. 3121. The Congress finds that—

8 ‘‘(1) the Star Schools program has helped to en9 courage the use of distance learning strategies to serve

10 multi-State regions primarily by means of satellite

11 and broadcast television;

12 ‘‘(2) in general, distance learning programs have

13 been used effectively to provide students in small,

14 rural, and isolated schools with courses and instruc15 tion, such as science and foreign language instruction,

16 that the local educational agency would not otherwise

17 have been able to provide; and

18 ‘‘(3) distance learning programs could also be

19 used to—

20 ‘‘(A) provide students in all types of schools

21 and local educational agencies with greater ac22 cess to high-quality instruction in the full range

23 of core academic subjects that would enable them

24 to meet challenging, internationally competitive,

25 educational standards;
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1 ‘‘(B) expand professional development op2 portunities for teachers;

3 ‘‘(C) contribute to achievement of the Na4 tional Education Goals; and

5 ‘‘(D) expand learning opportunities for

6 everyone.

7 ‘‘SEC. 2220. STATEMENT OF PURPOSE.

8 ‘‘The purpose of this subpart is to encourage the expan9 sion and use of distance learning programs and technologies

10 to help—

11 ‘‘(1) improve teaching and learning;

12 ‘‘(2) achieve the National Education Goals;

13 ‘‘(3) all students learn to challenging State con14 tent standards; and

15 ‘‘(4) increase participation in State and local

16 educational reform.

17 ‘‘SEC. 2221. PROGRAM AUTHORIZED.

18 ‘‘(a) STAR SCHOOL AWARDS.—The Secretary is au19 thorized, in accordance with this subpart, to make grants

20 to eligible entities for the Federal share of the cost of provid21 ing distance learning programs, including—

22 ‘‘(1) developing, constructing, and acquiring tele23 communications facilities and equipment;

24 ‘‘(2) developing and acquiring instructional pro25 gramming; and
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1 ‘‘(3) providing technical assistance regarding the

2 use of such facilities and instructional programming.

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the

4 purpose of carrying out this subpart, there are authorized

5 to be appropriated such sums as may be necessary for each

6 of the fiscal years 1995 through 1999.

7 ‘‘(c) LIMITATIONS.—(1) A grant under this section

8 shall not exceed—

9 ‘‘(A) five years in duration; and

10 ‘‘(B) $10,000,000 in any one fiscal year.

11 ‘‘(2) Not less than 25 percent of the funds available

12 to the Secretary for any fiscal year under this subpart shall

13 be used for the cost of instructional programming.

14 ‘‘(3) Not less than 50 percent of the funds available

15 to the Secretary for any fiscal year under this subpart shall

16 be used for the cost of facilities, equipment, teacher training

17 or retraining, technical assistance, or programming, for

18 local educational agencies that are eligible to receive assist19 ance under part A of title I of this Act.

20 ‘‘(d) FEDERAL SHARE.—(1) The Federal share of the

21 cost of projects funded under this section shall not exceed

22 75 percent for the first and second years of the award, 60

23 percent for the third and fourth years, and 50 percent for

24 the fifth year.
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1 ‘‘(2) The Secretary may reduce or waive the require2 ment of the non-Federal share under paragraph (1) upon

3 a showing of financial hardship.

4 ‘‘(e) AUTHORITY TO ACCEPT FUNDS FROM OTHER

5 AGENCIES.—The Secretary is authorized to accept funds

6 from other agencies to carry out the purposes of this section,

7 including funds for the purchase of equipment.

8 ‘‘SEC. 2222. ELIGIBLE ENTITIES.

9 ‘‘(a) ELIGIBLE ENTITIES.—(1) The Secretary may

10 make a grant under section 2221 to any eligible entity, pro11 vided that at least one local educational agency is partici12 pating in the proposed project.

13 ‘‘(2) An eligible entity may include—

14 ‘‘(A) a public agency or corporation established

15 for the purpose of developing and operating tele16 communications networks to enhance educational op17 portunities provided by educational institutions,

18 teacher training centers, and other entities, except

19 that any such agency or corporation shall represent

20 the interests of elementary and secondary schools that

21 are eligible to participate in the program under part

22 A of title I of this Act; or

23 ‘‘(B) any two or more of the following, which

24 will provide a telecommunications network:
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1 ‘‘(i) a local educational agency that has a

2 significant number of elementary and secondary

3 schools that are eligible for assistance under part

4 A of title I of this Act, or elementary and second5 ary schools operated or funded for Indian chil6 dren by the Department of the Interior eligible

7 under section 1121(b)(1) of this Act;

8 ‘‘(ii) a State educational agency;

9 ‘‘(iii) an institution of higher education or

10 a State higher education agency;

11 ‘‘(iv) a teacher training center or academy

12 that—

13 ‘‘(I) provides teacher pre-service and

14 in-service training; and

15 ‘‘(II) receives Federal financial assist16 ance or has been approved by a State agen17 cy;

18 ‘‘(v)(I) a public or private entity with expe19 rience and expertise in the planning and oper20 ation of a telecommunications network, includ21 ing entities involved in telecommunications

22 through satellite, cable, telephone, or computer;

23 or

24 ‘‘(II) a public broadcasting entity with such

25 experience; or
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1 ‘‘(vi) a public or private elementary or sec2 ondary school.

3 ‘‘SEC. 2223. APPLICATIONS.

4 ‘‘(a) GENERAL REQUIREMENT.—Each eligible entity

5 that desires to receive a grant under this subpart shall sub6 mit an application to the Secretary in such form, at such

7 time, and containing such information and assurances as

8 the Secretary may require.

9 ‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each ap10 plication for a grant authorized under section 2221 shall—

11 ‘‘(1) describe—

12 ‘‘(A) how the proposed project will assist in

13 achieving the National Education Goals set out

14 in title I of the Goals 2000: Educate America

15 Act, how it will assist all students to have an op16 portunity to learn to challenging State stand17 ards, and how it will assist State and local edu18 cational reform efforts;

19 ‘‘(B) the telecommunications facilities and

20 equipment and technical assistance for which as21 sistance is sought, which may include—

22 ‘‘(i) the design, development, construc23 tion, and acquisition of district,

24 multidistrict, State, or multistate edu-
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1 cational telecommunications networks and

2 technology resource centers;

3 ‘‘(ii) microwave, fiber optics, cable,

4 and satellite transmission equipment, or

5 any combination thereof;

6 ‘‘(iii) reception facilities, satellite time,

7 production facilities, and other tele8 communications equipment capable of serv9 ing the intended geographic area;

10 ‘‘(iv) the provision of training services

11 to instructors who will be using the facili12 ties and equipment for which assistance is

13 sought in using such facilities and equip14 ment, and in integrating programs into the

15 class curriculum; and

16 ‘‘(v) the development of educational

17 and related programming for use on a tele18 communications network;

19 ‘‘(C) the types of programming that will be

20 developed to enhance instruction and training,

21 including an assurance that such programming

22 will be designed in consultation with profes23 sionals who are experts in the applicable subject

24 matter and grade level;
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1 ‘‘(D) how the eligible entity has engaged in

2 sufficient survey and analysis of the area to be

3 served to ensure that the services offered by the

4 eligible entity will increase the availability of

5 courses of instruction in English, mathematics,

6 science, foreign languages, arts, history, geog7 raphy, or other disciplines;

8 ‘‘(E) the professional development policies

9 for teachers and other school personnel to be im10 plemented to ensure the effective use of the tele11 communications facilities and equipment for

12 which assistance is sought;

13 ‘‘(F) the manner in which historically un14 derserved students (such as students from low-in15 come families, limited English proficient stu16 dents, disabled students, or students who have

17 low literacy skills) and their families will par18 ticipate in the benefits of the telecommunications

19 facilities, equipment, technical assistance, and

20 programming assisted under this subpart;

21 ‘‘(G) how existing telecommunications

22 equipment, facilities, and services, where avail23 able, will be used;

24 ‘‘(H) the activities or services for which as25 sistance is sought, such as—
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1 ‘‘(i) providing facilities, equipment,

2 training services, and technical assistance;

3 ‘‘(ii) making programs accessible to in4 dividuals with disabilities through mecha5 nisms such as closed captioning and de6 scriptive video services;

7 ‘‘(iii) linking networks around issues

8 of national importance (such as elections)

9 or to provide information about employ10 ment opportunities, job training, or student

11 and other social service programs;

12 ‘‘(iv) sharing curriculum materials be13 tween networks;

14 ‘‘(v) providing teacher and student

15 support services;

16 ‘‘(vi) incorporating community re17 sources such as libraries and museums into

18 instructional programs;

19 ‘‘(vii) providing professional develop20 ment for teachers, including, as appro21 priate, training to early childhood develop22 ment and Head Start teachers and staff

23 and vocational education teachers and staff;

24 and
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1 ‘‘(viii) providing programs for adults

2 at times other than the regular school day

3 in order to maximize the use of tele4 communications facilities and equipment;

5 and

6 ‘‘(I) how the proposed project as a whole

7 will be financed and how arrangements for fu8 ture financing will be developed before the project

9 expires;

10 ‘‘(2) provide an assurance that a significant por11 tion of any facilities, equipment, technical assistance,

12 and programming for which assistance is sought for

13 elementary and secondary schools will be made avail14 able to schools in local educational agencies that have

15 a high percentage of children counted for the purpose

16 of part A of title I of this Act; and

17 ‘‘(3) provide an assurance that the applicant

18 will provide such information and cooperate in any

19 evaluation that the Secretary may conduct under this

20 subpart.

21 ‘‘(c) PRIORITIES.—The Secretary shall, in approving

22 applications for grants authorized under section 2221, give

23 priority to applications that—

24 ‘‘(1) propose high-quality plans to assist in

25 achieving one or more of the National Education
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1 Goals as set out in title I of the Goals 2000: Educate

2 America Act, would provide instruction consistent

3 with State content standards, or would otherwise pro4 vide significant and specific assistance to States and

5 local educational agencies undertaking systemic edu6 cation reform under title III of the Goals 2000: Edu7 cate America Act; and

8 ‘‘(2) would serve schools with significant num9 bers of children counted for the purposes of part A of

10 title I of this Act.

11 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap12 plications for grants authorized under section 2221, the Sec13 retary shall, to the extent feasible, ensure an equitable geo14 graphic distribution of services.

15 ‘‘SEC. 2224. LEADERSHIP AND EVALUATION ACTIVITIES.

16 ‘‘(a) SET-ASIDE.—From amounts appropriated under

17 section 2221(b), the Secretary may reserve up to 10 percent

18 for national leadership, evaluation, and peer review activi19 ties.

20 ‘‘(b) METHOD OF FUNDING.—The Secretary may fund

21 the activities described in subsection (a) directly or through

22 grants, contracts, and cooperative agreements.

23 ‘‘(c) USES OF FUNDS.—(1) Funds reserved for leader24 ship activities may be used for—
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1 ‘‘(A) disseminating information, including lists

2 and descriptions of services available from recipients;

3 and

4 ‘‘(B) other activities designed to enhance the

5 quality of distance learning activities nationwide.

6 ‘‘(2) Funds reserved for evaluation activities shall be

7 used to conduct independent evaluations of the Star Schools

8 program under this subpart and of distance learning in

9 general, including—

10 ‘‘(A) analyses of distance learning efforts, includ11 ing both Star Schools projects and efforts not funded

12 by the program under this subpart; and

13 ‘‘(B) comparisons of the effects, including student

14 outcomes, of different technologies in distance learn15 ing efforts.

16 ‘‘(3) Funds reserved for peer review activities may be

17 used for peer review of both proposals and funded projects.

18 ‘‘SEC. 2225. DEFINITIONS.

19 ‘‘For the purpose of this subpart, the following terms

20 have the following meanings:

21 ‘‘(1) The term ‘educational institution’ means an

22 institution of higher education, a local educational

23 agency, or a State educational agency.

24 ‘‘(2) The term ‘instructional programming’

25 means courses of instruction and training courses for
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1 elementary and secondary students, teachers, and oth2 ers, and materials for use in such instruction and

3 training that have been prepared in audio and visual

4 form on tape, disc, film, or live, and presented by

5 means of telecommunications devices.

6 ‘‘(3) The term ‘public broadcasting entity’ has

7 the same meaning given that term in section 397 of

8 the Communications Act of 1934.

9 ‘‘Subpart 4—Development of Educational Technology

10 Products

11 ‘‘SEC. 2226. EDUCATIONAL TECHNOLOGY PRODUCT DEVEL12 OPMENT.

13 ‘‘(a) PURPOSE.—It is the purpose of this section to

14 support the development of curriculum-based learning re15 sources and systems using state-of-the-art technologies and

16 techniques designed to improve student learning.

17 ‘‘(b) FEDERAL ASSISTANCE AUTHORIZED.—

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

19 assistance, on a competitive basis, to eligible consortia

20 to enable such entities to develop, produce, and dis21 tribute state-of-the-art technology-enhanced instruc22 tional resources and programming for use in the

23 classroom or to support professional development for

24 teachers.
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1 ‘‘(2) GRANTS AND LOANS AUTHORIZED.—In car2 rying out the purposes of this section, the Secretary

3 is authorized to pay the Federal share of the cost of

4 the development, production, and distribution of

5 state-of-the-art technology enhanced instructional re6 sources and programming—

7 ‘‘(A) by awarding grants to, or entering

8 into contracts or cooperative agreements with eli9 gible consortia; or

10 ‘‘(B) by awarding loans to eligible consortia

11 which—

12 ‘‘(i) shall be secured in such manner

13 and be repaid within such period, not ex14 ceeding 20 years, as may be determined by

15 the Secretary;

16 ‘‘(ii) shall bear interest at a rate deter17 mined by the Secretary which shall be not

18 more than the total of one-quarter of 1 per19 cent per annum added to the rate of interest

20 paid by the Secretary on funds obtained

21 from the Secretary of the Treasury;

22 ‘‘(iii) may be forgiven by the Sec23 retary, in an amount not to exceed 25 per24 cent of the total loan, under such terms and
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1 conditions as the Secretary may consider

2 appropriate.

3 ‘‘(3) FEDERAL SHARE.—The Secretary shall re4 quire any recipient of a grant, contract, or loan

5 under this section to share in the cost of the activities

6 supported with such assistance.

7 ‘‘(4) ELIGIBLE CONSORTIUM.—For the purpose

8 of this section, the term ‘eligible consortium’ means a

9 consortium consisting of—

10 ‘‘(A) State or local educational agencies in

11 partnership with business, industry, or tele12 communications entity;

13 ‘‘(B) a business, industry, or telecommuni14 cations entity;

15 ‘‘(C) a public or private nonprofit organiza16 tion; or

17 ‘‘(D) an institution of higher education.

18 ‘‘(5) PRIVATE SECTOR ADVISORY BOARD.—The

19 Secretary shall establish an advisory board which

20 shall provide advice and counsel to the Secretary con21 cerning the most effective means of implementing the

22 provisions of this section. Such board shall—

23 ‘‘(A) include educators, school administra24 tors, and policymakers knowledgeable about the
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1 technology and curriculum needs of State and

2 local education agencies;

3 ‘‘(B) include representatives of private for4 profit and nonprofit entities engaged in the pro5 duction and development of educational software

6 and other technology-based learning resources;

7 ‘‘(C) make recommendations to the Sec8 retary concerning the types and terms of Federal

9 financial assistance which promise to be most ef10 fective in advancing the purposes of this section;

11 ‘‘(D) regularly evaluate the implementation

12 of this section.

13 ‘‘(6) PRIORITIES.—In awarding assistance under

14 this section, the Secretary shall give priority to appli15 cations describing programs or systems that—

16 ‘‘(A) promote the acquisition of higher-order

17 thinking skills and promise to raise the achieve18 ment levels of all students, particularly dis19 advantaged students who are not realizing their

20 potential;

21 ‘‘(B) are aligned with challenging content

22 standards and State and local curriculum

23 frameworks;

24 ‘‘(C) may be adapted and applied nation25 ally at a reasonable cost;
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1 ‘‘(D) covert technology resources developed

2 with support from the Department of Defense

3 and other Federal agencies for effective use in the

4 classroom;

5 ‘‘(E) promise to reduce the costs of provid6 ing high-quality instruction;

7 ‘‘(F) promise to expand access to high-qual8 ity instruction in content areas which would oth9 erwise not be available to students in rural and

10 urban communities or who attend other edu11 cational agencies with limited financial re12 sources.

13 ‘‘(7) REQUIREMENTS FOR FEDERAL ASSIST14 ANCE.—Each eligible consortium desiring Federal as15 sistance under this section shall submit an applica16 tion to the Secretary at such time and in such man17 ner as the Secretary may prescribe. Each application

18 shall include—

19 ‘‘(A) a description of how the program or

20 system shall improve the achievement levels of

21 students;

22 ‘‘(B) a description of how teachers associ23 ated with the program will be trained to inte24 grate technology in the classroom;
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1 ‘‘(C) a description of how the design, devel2 opment, piloting, field testing, and distribution

3 of the program or system will be carried out;

4 ‘‘(D) an assurance that the program or sys5 tem shall effectively serve a large number or per6 centage of economically disadvantaged students;

7 ‘‘(E) plans for dissemination to a wide au8 dience of learners; and

9 ‘‘(F) provisions for closed captioning or de10 scriptive video where appropriate.

11 ‘‘(c) EVALUATION.—The Secretary shall provide for the

12 independent evaluation of programs or systems developed

13 with assistance under this section and shall regularly collect

14 and disseminate to State and local educational agencies

15 and to the public information about the usefulness and effec16 tiveness of such programs or systems.

17 ‘‘(d) ROYALTIES.—Notwithstanding any other provi18 sion of law, the Secretary is authorized to require that a

19 portion of any royalty paid as a result of assistance pro20 vided under this section be deposited in a central fund for

21 the purposes of—

22 ‘‘(1) recovering all or part of the Federal share

23 of the costs of developing, producing, and distributing

24 the product for which such royalty is paid; and

25 ‘‘(2) carrying out the provisions of this section.
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1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out this section, there are authorized

3 to be appropriated $50,000,000 for fiscal year 1995 and

4 such sums as may be necessary for fiscal years 1996, 1997,

5 1998, and 1999.

6 ‘‘PART C—LIBRARY MEDIA PROGRAM

7 ‘‘SEC. 2231. ESTABLISHMENT OF PROGRAM.

8 ‘‘The Secretary shall award grants from allocations

9 under section 2232 to States for the acquisition of school

10 library media resources for the use of students, library

11 media specialists, and teachers in elementary and second12 ary schools.

13 ‘‘SEC. 2232. ALLOCATION TO STATES.

14 ‘‘From the amount appropriated pursuant to section

15 2205 in each fiscal year, the Secretary shall allocate to each

16 State having an approved plan under section 2233 as

17 follows:

18 ‘‘(1) For appropriations below $50,000,000, at

19 the discretion of the Secretary, taking into account

20 such factors as the age and condition of the State’s ex21 isting library media collections.

22 ‘‘(2) For appropriations of $50,000,000 and

23 above to each State an amount which bears the same

24 ratio to such funds as the amount such State received

25 under section 1122 of title I bears to the amount all
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1 States received under section 1122 in such year; ex2 cept that no State shall receive less than one-half of

3 one percent of such funds.

4 ‘‘SEC. 2233. STATE PLANS.

5 ‘‘(a) IN GENERAL.—In order for a State to receive an

6 allocation of funds under section 2232 for any fiscal year,

7 such State shall have in effect for such fiscal year a State

8 plan. Such plan shall—

9 ‘‘(1) designate the State educational agency as

10 the State agency responsible for the administration of

11 the program described in this part;

12 ‘‘(2) set forth a program under which funds paid

13 to the State from its allocation under section 2202

14 will be expended solely for—

15 ‘‘(A) acquisition of school library media re16 sources, including foreign language resources, for

17 the use of students, school library media special18 ists, and teachers in elementary and secondary

19 schools in the United States; and

20 ‘‘(B) administration of the State plan, in21 cluding development and revision of standards,

22 relating to school library media resources; except

23 that the amount used for administration of the

24 State plan in any fiscal year shall not exceed 5
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1 percent of the amount allocated to such State

2 under section 2232 for such fiscal year; and

3 ‘‘(3) set forth the criteria to be used in allotting

4 funds for school library media resources among the

5 local educational agencies of the State, which allot6 ment shall take into consideration the relative need of

7 the students, school media specialists, and teachers to

8 be served.

9 ‘‘(b) PLAN SUBMISSION.—The State plan may be sub10 mitted as part of a consolidated application under section

11 9302.

12 ‘‘SEC. 2234. DISTRIBUTION OF ALLOCATION TO LOCAL EDU13 CATIONAL AGENCIES.

14 ‘‘From the funds allocated to a State under section

15 2202 in each fiscal year, such State shall distribute not less

16 than 99 percent of such funds in such year to local edu17 cational agencies within such State according to the relative

18 enrollment of students in elementary and secondary schools

19 within the school districts of such State, adjusted to provide

20 higher per-pupil allotments to local educational agencies

21 that have the greatest number or percentages of students

22 whose education imposes a higher than average cost per

23 child, such as those students—

24 ‘‘(1) living in areas with high concentrations of

25 low-income families;
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1 ‘‘(2) from low-income families; and

2 ‘‘(3) living in sparsely populated areas.

3 ‘‘SEC. 2235. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There are authorized to be appropriated to carry out

5 this part $200,000,000 for fiscal year 1995 and such sums

6 as may be necessary for each of the fiscal years 1996, 1997,

7 1998, and 1999.

8 ‘‘PART D—SUPPORT AND ASSISTANCE FOR ESEA

9 PROGRAMS

10 ‘‘SEC. 2341. FINDINGS.

11 ‘‘The Congress finds that—

12 ‘‘(1) high-quality technical assistance can en13 hance the improvements in teaching and learning

14 achieved through the implementation of programs

15 under this Act;

16 ‘‘(2) comprehensive technical assistance and ef17 fective program dissemination are essential ingredi18 ents of the overall strategy of the reauthorization of

19 this Act to improve programs and to provide all chil20 dren opportunities to meet challenging State perform21 ance standards;

22 ‘‘(3) States, local educational agencies, tribes,

23 and schools serving students with special needs, such

24 as students with limited English proficiency, have

25 great need for comprehensive technical assistance in
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1 order to use funds under this Act to provide such stu2 dents with opportunities to learn to challenging State

3 standards;

4 ‘‘(4) current technical assistance and dissemina5 tion efforts are fragmented and categorical in nature,

6 and thus fail to address adequately the needs of States

7 and local educational agencies and tribes for help in

8 integrating into a coherent strategy for improving

9 teaching and learning the various programs under

10 this Act with State and local programs and other

11 education reform efforts;

12 ‘‘(5) too little creative use is made of technology

13 as a means of providing information and assistance

14 in a cost-effective way;

15 ‘‘(6) comprehensive technical assistance can help

16 schools and school systems focus on improving oppor17 tunities for all children to reach challenging State

18 performance standards, as they implement programs

19 under this Act;

20 ‘‘(7) comprehensive technical assistance would

21 provide coordinated assistance to help States, local

22 educational agencies, tribes, participating colleges

23 and universities, and schools integrate Federal, State,

24 and local education programs in ways that contribute

25 to improving schools and entire school systems;
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1 ‘‘(8) technical assistance in support of programs

2 under this Act should be coordinated with the Depart3 ment’s regional offices, the regional educational lab4 oratories, State Literacy Resource Centers, vocational

5 resource centers, and other technical assistance efforts

6 supported by the Department;

7 ‘‘(9) technical assistance providers should

8 prioritize assistance to local educational agencies and

9 schools; and

10 ‘‘(10) technical assistance should both encourage

11 the integration of categorical programs and ensure

12 that students with special needs, such as limited Eng13 lish proficiency students, are served fully.

14 ‘‘SEC. 2342. PURPOSE.

15 ‘‘The purpose of this part is to create a national tech16 nical assistance and dissemination system to make avail17 able to States, local educational agencies, tribes, schools,

18 and other recipients of funds under this Act technical assist19 ance in—

20 ‘‘(1) implementing programs authorized by this

21 Act in a manner that improves teaching and learning

22 for all students;

23 ‘‘(2) coordinating those programs with other

24 Federal, State, and local education plans and activi25 ties, so that all students are provided opportunities to
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1 meet challenging State performance standards, in

2 particular students at risk of educational failure; and

3 ‘‘(3) adopting, adapting, and implementing

4 promising and proven practices for improving teach5 ing and learning.

6 ‘‘SEC. 2343. PROGRAMS AUTHORIZED.

7 ‘‘(a) COMPREHENSIVE ASSISTANCE CENTERS.—The

8 Secretary is authorized to award grants or enter into con9 tracts with public or private nonprofit entities or consortia

10 to establish a networked system of 15 centers to provide

11 comprehensive research-based training and technical assist12 ance to States, local educational agencies, schools, tribes,

13 community-based organizations, and other recipients of

14 funds under this Act in their administration and imple15 mentation of programs authorized by this Act. In establish16 ing centers and allocating resources among the centers, the

17 Secretary shall consider the geographic distribution of title

18 I students; the geographic and linguistic distribution of stu19 dents of limited English proficiency; the geographic dis20 tribution of Indian students; the special needs of students

21 living in rural areas; and the special needs of States and

22 territories in geographic isolation.

23 ‘‘(b) STATE-BASED ASSISTANCE.—The Secretary is

24 authorized to award grants or enter into contracts with

25 public and private nonprofit entities to establish an assist-
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1 ance agency in each State and territory and in the Bureau

2 of Indian Affairs. This program shall be called the National

3 Diffusion Network and will assist States, local educational

4 agencies, and schools in identifying and securing appro5 priate, high-quality technical assistance, provide informa6 tion on and assistance in adopting effective programs and

7 practices, and work cooperatively with the Comprehensive

8 Assistance Centers to improve teaching and learning and

9 raise standards for all students.

10 ‘‘(c) ACCOUNTABILITY.—To ensure the quality and ef11 fectiveness of the comprehensive assistance centers supported

12 under this part, the Secretary shall—

13 ‘‘(1) provide for an external peer review (includ14 ing representatives of the populations served under

15 this Act) of the centers under this part every 2 years;

16 ‘‘(2) develop, in consultation with the Assistant

17 Secretary for Elementary and Secondary Education,

18 the Director of Bilingual Education and Minority

19 Languages Affairs, and the Assistant Secretary for

20 Educational Research and Improvement, a set of per21 formance indicators, for use during the peer reviews

22 required by paragraph (1), that assesses whether the

23 work of the centers assists in improving teaching and

24 learning under this Act for all children, in particular

25 children at risk of educational failure;
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1 ‘‘(3) require each center to publish, and dissemi2 nate widely throughout its region, an annual report

3 on its services and accomplishments and how those

4 services and accomplishments relate to the perform5 ance indicators developed under paragraph (2);

6 ‘‘(4) conduct periodic surveys of users of the cen7 ters’ services to determine if users are satisfied with

8 the access to and quality of such services;

9 ‘‘(5) collect, as part of the Department’s reviews

10 of programs under this Act, information about the

11 availability and quality of services provided by the

12 centers, and share that information with the centers;

13 ‘‘(6) take whatever steps are reasonable and nec14 essary to ensure that each center performs its respon15 sibilities in a satisfactory manner, which may in16 clude termination of an award under this part (if the

17 Secretary concludes that performance has been unsat18 isfactory) and the selection of a new center, as well

19 as whatever interim arrangements the Secretary de20 termines are necessary to ensure the satisfactory de21 livery of services under this part to the affected re22 gion; and

23 ‘‘(7) provide for an independent evaluation of

24 the system of technical assistance centers authorized

25 by this part and report the results of that evaluation
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1 to Congress prior to the next reauthorization of this

2 Act.

3 ‘‘(c) CONTRACT PERIOD.—Grants or contracts award4 ed under this section shall be awarded for a period of 5

5 years following the extension of contracts and grants under

6 section 2206(c).

7 ‘‘SEC. 2344. REQUIREMENTS OF COMPREHENSIVE ASSIST8 ANCE CENTERS.

9 ‘‘Each comprehensive assistance center established

10 under section 2343(a)—

11 ‘‘(1) shall maintain staff expertise in at least all

12 of the following areas:

13 ‘‘(A) Instruction, curriculum improvement,

14 assessment, school reform, and other aspects of

15 title I of this Act.

16 ‘‘(B) Meeting the needs of children served

17 under this Act, including children in high-pov18 erty areas, migratory children, immigrant chil19 dren, children with limited English proficiency,

20 neglected or delinquent children, homeless chil21 dren and youth, Indian children, and children

22 with disabilities and where applicable, Alaskan

23 Native children and Native Hawaiian children.

24 ‘‘(C) Professional development for teachers,

25 other school staff, and administrators to help stu-
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1 dents meet challenging State performance stand2 ards.

3 ‘‘(D) Bilingual education, including pro4 grams that emphasize English and native lan5 guage proficiency and promote multicultural un6 derstanding.

7 ‘‘(E) Safe and drug-free schools.

8 ‘‘(F) Educational applications of tech9 nology.

10 ‘‘(G) Parent involvement and participation.

11 ‘‘(H) The reform of schools and school sys12 tems.

13 ‘‘(I) Program evaluation.

14 ‘‘(J) Coordination of services.

15 ‘‘(K) School governance and management.

16 ‘‘(L) Partnerships between the public and

17 private sector, including the formation of part18 nerships between schools and businesses.

19 ‘‘(2) shall ensure, where appropriate, staff exper20 tise in the special needs of students living in rural

21 areas and in the special needs of local education

22 agencies serving rural areas;

23 ‘‘(3) shall ensure that technical assistance staff

24 have sufficient training, knowledge, and expertise in

25 how to integrate and coordinate programs under this
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1 Act with each other, as well as with other Federal,

2 State, and local programs and reforms, and reflect the

3 diverse linguistic and cultural expertise appropriate

4 to the region served;

5 ‘‘(4) shall provide technical assistance using the

6 highest quality and most cost-effective strategies

7 possible;

8 ‘‘(5) shall coordinate services, work cooperatively,

9 and regularly share information with the regional

10 education laboratories, the Eisenhower Regional Math

11 and Science consortia, research and development cen12 ters, and other entities engaged in research, develop13 ment, dissemination, and technical assistance activi14 ties which are supported by the Department of Edu15 cation as part of a Federal technical assistance sys16 tem, to provide a broad range of support services to

17 schools in the region while minimizing the duplica18 tion of such services; and

19 ‘‘(6) shall provide services to States, local edu20 cational agencies, tribes, and schools through or in co21 ordination with the State Facilitators of the National

22 Diffusion Network as authorized in section 2343(b) in

23 order to better implement the purposes of this section

24 and provide the support and assistance diffusion

25 agents need to carry out their mission effectively.
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1 ‘‘SEC. 2345. DUTIES OF COMPREHENSIVE ASSISTANCE CEN2 TERS.

3 ‘‘(a) IN GENERAL.—Each center established under sec4 tion 2303(a) shall provide comprehensive, integrated tech5 nical assistance services focused on improving teaching and

6 learning.

7 ‘‘(b) SUPPORT AND ASSISTANCE.—Comprehensive cen8 ters shall provide support and assistance to State edu9 cational agencies, tribal divisions of education, local edu10 cational agencies, schools, and other grant recipients under

11 this Act in—

12 ‘‘(1) the development of plans for integrating

13 programs under this Act with other Federal programs

14 and with State, local and tribal reform efforts;

15 ‘‘(2) the development, selection, and use of chal16 lenging, high-quality curricula aligned with high

17 standards and assessments;

18 ‘‘(3) the identification, adaptation, or develop19 ment of instructional strategies and materials which

20 meet the needs of children receiving assistance under

21 this Act;

22 ‘‘(4) the development of valid, reliable, and non23 discriminatory systems of assessment which reflect re24 cent advances in the field of education assessment;

25 ‘‘(5) the development, selection, and implementa26 tion of effective schoolwide projects;
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1 ‘‘(6) improving the capacity of educators, school

2 administrators, counselors, and other school personnel

3 to assist students to reach challenging standards, es4 pecially those students furthest from such standards,

5 through the expansion and strengthening of profes6 sional development activities;

7 ‘‘(7) expanding and improving opportunities for

8 parents to participate in the education of their chil9 dren at home and at school;

10 ‘‘(8) creating safe and drug-free environments,

11 especially in areas experiencing high levels of drug

12 use and violence in the community and schools;

13 ‘‘(9) the coordination of services and programs to

14 meet the needs of students so that they can fully par15 ticipate in the educational program of the school;

16 ‘‘(10) the evaluation of educational programs;

17 ‘‘(11) educational applications of technology,

18 when appropriate, in coordination with the regional

19 mathematics and science education consortia;

20 ‘‘(12) reforming the governance and management

21 of schools; and

22 ‘‘(13) establishing public/private education part23 nerships, including school/business partnerships.

24 ‘‘(c) ADDITIONAL DUTIES.—Additional duties in25 clude—
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1 ‘‘(1) assisting States, local educational agencies,

2 tribal divisions of education, and schools in replicat3 ing and adapting exemplary and promising edu4 cational programs, policies, and practices through or

5 in coordination with the National Diffusion Network

6 State Facilitator;

7 ‘‘(2) assisting State educational agencies and

8 local educational agencies to develop school support

9 teams to work with schoolwide programs under title

10 I of this Act; and

11 ‘‘(3) assisting State educational agencies, local

12 educational agencies, and the National Diffusion Net13 work State Facilitators to increase their capacity to

14 provide high-quality technical assistance in support

15 of programs under this Act.

16 ‘‘SEC. 2346. MAINTENANCE OF SERVICE.

17 ‘‘(a) MAINTENANCE OF EFFORT.—The Secretary shall

18 ensure that the comprehensive assistance centers funded

19 under this part provide technical assistance services that

20 address the needs of bilingual, migrant, immigrant, and In21 dian students that are at least comparable to the level of

22 such technical assistance services provided under programs

23 administered by the Secretary prior to the date of the enact24 ment of the Improving America’s Schools Act of 1994.

25 ‘‘(b) MINIMUM FUNDS.—
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1 ‘‘(1) MAINTENANCE OF EFFORT.—In awarding

2 grants or contracts for comprehensive assistance cen3 ters, the Secretary shall ensure that the proportion of

4 funds used to provide services that address the needs

5 of limited-English-proficient, immigrant, and mi6 grant students shall be no less than the proportion of

7 funds expended under grants or contracts expiring in

8 fiscal year 1995 for categorical technical assistance

9 centers serving limited-English-proficient and mi10 grant students.

11 ‘‘(2) INDIAN STUDENTS.—In awarding grants or

12 contracts for comprehensive assistance centers, the

13 Secretary shall ensure that the proportion of funds

14 used to provide services that address the need of In15 dian students through the comprehensive centers es16 tablished in section 2343(a) shall be no less than the

17 proportion of funds expended under grants or con18 tracts expiring in fiscal year 1995 for technical as19 sistance centers serving Indian students.

20 ‘‘(c) APPLICATION.—Applications for funds under sub21 section (a)(2) shall include how centers will—

22 ‘‘(1) provide expertise in the areas listed in sec23 tion 2344(l);
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1 ‘‘(2) work with the National Diffusion Network

2 authorized in section 2343(b) to conduct outreach to

3 local educational agencies prioritized in section 2348;

4 ‘‘(3) demonstrate support from States and local

5 educational agencies and tribes in the area to be

6 served;

7 ‘‘(4) ensure a fair distribution of services to

8 urban and rural areas;

9 ‘‘(5) utilize technology to provide technical as10 sistance; and

11 ‘‘(6) provide other information the Secretary

12 may require.

13 In approving applications to comprehensive centers serving

14 Indian students, the Secretary shall give priority to appli15 cations from consortia that include Indian educational

16 agencies, organizations, or institutions.

17 ‘‘(d) TRANSITION.—The Secretary shall, notwithstand18 ing any other provision of law, use funds appropriated

19 under section 2351 to extend or continue existing contracts

20 and grants for categorical technical assistance centers and

21 for National Diffusion Network State Facilitator and De22 veloper Demonstrators through fiscal year 1995 and take

23 other necessary steps to ensure a smooth transition of this

24 part.
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1 ‘‘SEC. 2347. STATE-BASED ACTIVITIES.

2 ‘‘(a) PURPOSES.—The Secretary shall establish a

3 State-based outreach, dissemination, training, and con4 sultation component of the National Technical Assistance

5 and Dissemination System through the National Diffusion

6 Network and its State Facilitators.

7 ‘‘(b) IN GENERAL.—The Department of Education,

8 through the Office of Educational Research and Improve9 ment shall award grants or enter into contracts with public

10 or private nonprofit educational organizations or institu11 tions in each State with demonstrated experience, expertise,

12 and commitment in the areas of applied education research

13 and program dissemination to carry out activities described

14 in subsection (c).

15 ‘‘(c) NATIONAL DIFFUSION NETWORK STATE

16 FACILITATOR.—National Diffusion Network State

17 Facilitators shall work in coordination with the comprehen18 sive assistance centers to assist State educational agencies,

19 local educational agencies, tribal divisions of education,

20 and schools to—

21 ‘‘(1) define their technical assistance needs and

22 align them with school reform, professional develop23 ment, and technology plans;

24 ‘‘(2) secure the technical assistance services that

25 can best fulfill their needs by utilizing Department of

26 Education technical assistance centers, regional edu-
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1 cation laboratories, Eisenhower Regional consortia,

2 State Literacy Resource Centers, and other technical

3 assistance providers including local providers of pro4 fessional development services;

5 ‘‘(3) identify educational technology needs and

6 secure the necessary technical assistance to address

7 them;

8 ‘‘(4) prepare for on-site, intensive technical as9 sistance provided by the comprehensive centers, labs,

10 or other service providers;

11 ‘‘(5) utilize technology, including regional and

12 national electronic networks, to increase their access

13 to technical assistance, professional development serv14 ices, and dissemination of exemplary practices and

15 materials;

16 ‘‘(6) deliver high-quality professional develop17 ment services to their school-based educators; and

18 ‘‘(7) provide organizational development services

19 to facilitate school-based change.

20 ‘‘(d) ADDITIONAL DUTIES.—In addition, National

21 Diffusion Network State Facilitators shall—

22 ‘‘(1) disseminate information about school reform

23 and effective and promising practices and help local

24 educational agencies and schools adapt them to their

25 needs;
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1 ‘‘(2) facilitate communications between educators

2 to assist the sharing of promising practices and to

3 foster school reform and professional development;

4 ‘‘(3) coordinate their activities with school sup5 port teams and distinguished educators in their State;

6 ‘‘(4) coordinate, work cooperatively with, and

7 regularly share information with the comprehensive

8 centers, the Regional Education Laboratories, and

9 other entities engaged in research, development, dis10 semination, and technical assistance activities which

11 are supported by the Department of Education;

12 ‘‘(5) develop and implement an aggressive out13 reach plan for reaching the local educational agencies

14 and schools identified as priorities in section 2308;

15 and

16 ‘‘(6) provide technical, dissemination, and sup17 port assistance to States, local educational agencies,

18 and schools using the highest quality and most cost19 effective methods available.

20 ‘‘(e) NATIONAL DIFFUSION NETWORK EFFECTIVE

21 PRACTICES.—The Secretary shall develop a system of vali22 dating effective programs and promising practices for dis23 semination through the National Diffusion Network. Such

24 programs may include exemplary programs funded through

25 any office of the Department of Education, the National
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1 Science Foundation, or other Federal agencies. Such a sys2 tem should be coordinated, aligned with, and administered

3 by the Office of Educational Research and Improvement Of4 fice of Reform Assistance and Dissemination. The Secretary

5 shall give priority to identifying, validating, and dissemi6 nating effective schoolwide projects, programs addressing

7 the needs of high poverty schools, and programs with the

8 capacity to offer high-quality, sustained technical assist9 ance. The Office of Educational Research and Improvement

10 Office of Reform Assistance and Dissemination shall also

11 administer a grants program to such validated Effective

12 Practices for the purpose of dissemination and the provision

13 of technical assistance.

14 ‘‘SEC. 2348. PROGRAM PRIORITIES.

15 ‘‘Both the comprehensive centers and the National Dif16 fusion Network shall give priority service to schoolwide

17 projects, local educational agencies, and Bureau of Indian

18 Affairs schools with the highest percentage or numbers of

19 poor children.

20 ‘‘SEC. 2349. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.

21 ‘‘The Secretary is also authorized to provide a tech22 nology-based technical assistance service that will—

23 ‘‘(1) support the administration and implemen24 tation of programs authorized by this Act by provid25 ing information, including legal and regulatory infor-
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1 mation, and technical guidance and information

2 about best practices; and

3 ‘‘(2) be accessible to all States, local educational

4 agencies, schools, and others who are recipients of

5 funds under this Act.

6 ‘‘SEC. 2350. ADMINISTRATION.

7 ‘‘The program authorized by this part shall be jointly

8 administered by the Assistant Secretary for Elementary

9 and Secondary Education, the Director of Bilingual Edu10 cation and Minority Languages Affairs, and the Assistant

11 Secretary for Educational Research and Improvement.

12 ‘‘SEC. 2351. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘For the purposes of carrying out this part, there are

14 authorized to be appropriated $70,000,000 for fiscal year

15 1995 and such sums as may be necessary for each of the

16 fiscal years 1996, 1997, 1998, and 1999. Of the funds ap17 propriated under this part, not less than $25,000,000 shall

18 be made available to support activities of the National Dif19 fusion Network authorized in section 2343(b).

20 ‘‘PART E—EDUCATION PROGRAM STRATEGIES

21 ‘‘SEC. 2401. FINDINGS AND STATEMENT OF PURPOSE.

22 ‘‘(a) FINDINGS.—The Congress finds that chapter 2 of

23 the Education Consolidation and Improvement Act of 1981

24 has been successful in achieving the goals of increasing local

25 flexibility, reducing administrative burden, providing serv-
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1 ices for private school students, encouraging innovation,

2 and contributing to the improvement of elementary and sec3 ondary educational programs.

4 ‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of

5 programs under this part:

6 ‘‘(1) To support local education reform efforts

7 which are consistent with and support statewide re8 form efforts under Goals 2000.

9 ‘‘(2) To support State and local efforts to accom10 plish the National Education Goals.

11 ‘‘(3) To provide funding to enable State and

12 local educational agencies to implement promising

13 educational reform programs that can be supported

14 by State and local sources of funding after such pro15 grams are demonstrated to be effective.

16 ‘‘(4) To provide a continuing source of innova17 tion, educational improvement, and support for li18 brary services and instructional materials, including

19 media materials and,

20 ‘‘(5) To meet the special educational needs of at

21 risk and high cost students.

22 ‘‘(c) STATE AND LOCAL RESPONSIBILITY.—The basic

23 responsibility for the administration of funds made avail24 able under this part is within the State educational agen25 cies, but it is the intent of Congress that the responsibility
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1 be carried out with a minimum of paperwork and that the

2 responsibility for the design and implementation of pro3 grams assisted under this part will be mainly that of local

4 educational agencies, school superintendents and prin5 cipals, and classroom teachers and supporting personnel,

6 because they have the most direct contact with students and

7 are most likely to be able to design programs to meet the

8 educational needs of students in their own districts.

9 ‘‘SEC. 2402. AUTHORIZATION OF APPROPRIATIONS; DURA10 TION OF ASSISTANCE.

11 ‘‘(a) AUTHORIZATION.—To carry out the purposes of

12 this part, there are authorized to be appropriated

13 $435,000,000 for fiscal year 1995 and such sums in each

14 of the fiscal years 1996 through 1999.

15 ‘‘(b) DURATION OF ASSISTANCE.—During the period

16 beginning October 1, 1994, and ending September 30, 1999,

17 the Secretary shall, in accordance with the provisions of

18 this part, make payments to State educational agencies for

19 the purpose of this section.

20 ‘‘Subpart 1—State and Local Programs

21 ‘‘SEC. 2411. ALLOTMENT TO STATES.

22 ‘‘(a) RESERVATIONS.—From the sums appropriated to

23 carry out this subpart in any fiscal year, the Secretary

24 shall reserve not to exceed 1 percent for payments to Guam,

25 American Samoa, the Virgin Islands, the Trust Territory
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1 of the Pacific Islands, and the Northern Mariana Islands,

2 to be allotted in accordance with their respective needs.

3 ‘‘(b) ALLOTMENT.—From the remainder of such sums

4 the Secretary shall allot to each State an amount which

5 bears the same ratio to the amount of such remainder as

6 the school-age population of the State bears to the school7 age population of all States, except that no State shall re8 ceive less than an amount equal to one-half of 1 percent

9 of such remainder.

10 ‘‘(c) DEFINITIONS.—For purposes of this subpart—

11 ‘‘(1) The term ‘school-age population’ means the popu12 lation aged 5 through 17.

13 ‘‘(2) The term ‘States’ includes the 50 States, the Dis14 trict of Columbia, and the Commonwealth of Puerto Rico.

15 ‘‘SEC. 2412. ALLOCATION TO LOCAL EDUCATIONAL AGEN16 CIES.

17 ‘‘(a) DISTRIBUTION RULE.—From the sums made

18 available each year to carry out this part, the State edu19 cational agency shall distribute not less than 85 percent to

20 local educational agencies within such State according to

21 the relative enrollments in public and private, nonprofit

22 schools within the school districts of such agencies, adjusted,

23 in accordance with criteria approved by the Secretary, to

24 provide higher per pupil allocations to local educational

25 agencies which have the greatest numbers or percentages of
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1 children whose education imposes a higher than average

2 cost per child, such as—

3 ‘‘(1) children living in areas with high con4 centrations of low-income families,

5 ‘‘(2) children from low-income families, and

6 ‘‘(3) children living in sparsely populated areas.

7 ‘‘(b) CALCULATION OF ENROLLMENTS.—(1) The cal8 culation of relative enrollments under subsection (a) shall

9 be on the basis of the total of—

10 ‘‘(A) the number of children enrolled in public

11 schools, and

12 ‘‘(B) the number of children enrolled in private

13 nonprofit schools that desire that their children par14 ticipate in programs or projects assisted under this

15 part, for the fiscal year preceding the fiscal year in

16 which the determination is made. Nothing in this

17 subsection shall diminish the responsibility of local

18 educational agencies to contact, on an annual basis,

19 appropriate officials from private nonprofit schools

20 within the areas served by such agencies in order to

21 determine whether such schools desire that their chil22 dren participate in programs assisted under this

23 part.

24 ‘‘(2)(A) Relative enrollments under subsection

25 (a) shall be adjusted, in accordance with criteria ap-
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1 proved by the Secretary under subparagraph (B), to

2 provide higher per pupil allocations only to local edu3 cational agencies which serve the greatest numbers or

4 percentages of—

5 ‘‘(i) children living in areas with high con6 centrations of low-income families,

7 ‘‘(ii) children from low-income families, or

8 ‘‘(iii) children living in sparsely populated

9 areas.

10 ‘‘(B) The Secretary shall review criteria submit11 ted by a State educational agency for adjusting allo12 cations under paragraph (1) and shall approve such

13 criteria only if the Secretary determines that such

14 criteria are reasonably calculated to produce an ad15 justed allocation that reflects the relative needs within

16 the State’s local educational agencies based on the fac17 tors set forth in subparagraph (A).

18 ‘‘(c) PAYMENT OF ALLOCATIONS.—

19 ‘‘(1) From the funds paid to it pursuant to sec20 tion 2402 for a fiscal year, a State educational agen21 cy shall distribute to each eligible local educational

22 agency which has submitted an application as re23 quired in section 2423 the amount of its allocation as

24 determined under subsection (a).
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1 ‘‘(2)(A) Additional funds resulting from higher

2 per pupil allocations provided to a local educational

3 agency on the basis of adjusted enrollments of chil4 dren described in subsection (a), may, at the discre5 tion of the local educational agency, be allocated for

6 expenditures to provide services for children enrolled

7 in public and private nonprofit schools in direct pro8 portion to the number of children described in sub9 section (a) and enrolled in such schools within the

10 local educational agency.

11 ‘‘(B) In any fiscal year, any local educational

12 agency that elects to allocate such additional funds in

13 the manner described in subparagraph (A) shall allo14 cate all additional funds to schools within the local

15 educational agency in such manner.

16 ‘‘(C) The provisions of subparagraphs (A) and

17 (B) may not be construed to require any school to

18 limit the use of such additional funds to the provision

19 of services to specific students or categories of stu20 dents.

21 ‘‘Subpart 2—State Programs

22 ‘‘SEC. 2421. STATE USES OF FUNDS.

23 ‘‘(a) AUTHORIZED ACTIVITIES.—A State educational

24 agency may use funds reserved for State use under this sec25 tion only for—
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1 ‘‘(1) State administration of programs under

2 this section including—

3 ‘‘(A) supervision of the allocation of funds

4 to local educational agencies;

5 ‘‘(B) planning, supervision, and processing

6 of State funds; and

7 ‘‘(C) monitoring and evaluation of pro8 grams and activities under this part; and

9 ‘‘(2) technical assistance and direct grants to

10 local educational agencies and statewide education re11 form activities which assist local educational agencies

12 to provide targeted assistance.

13 ‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more

14 than 25 percent of funds available for State programs under

15 this part in any fiscal year may be used for State adminis16 tration under subsection (a)(1).

17 ‘‘SEC. 2423. STATE APPLICATIONS.

18 ‘‘(a) APPLICATION REQUIREMENTS.—Any State which

19 desires to receive a grant under this subpart shall submit

20 to the Secretary an application which—

21 ‘‘(1) designates the State educational agency as

22 the State agency responsible for administration and

23 supervision of programs assisted under this part;

24 ‘‘(2)(A) provides for an annual submission of

25 data on the use of funds, the types of services fur-
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1 nished, and the students served under this section;

2 and

3 ‘‘(B) in fiscal year 1998 provides for an evalua4 tion of the effectiveness of programs assisted under

5 this subpart;

6 ‘‘(3) provides that the State educational agency

7 will keep such records and provide such information

8 to the Secretary as may be required for fiscal audit

9 and program evaluation (consistent with the respon10 sibilities of the Secretary under this section);

11 ‘‘(4) provides assurance that, apart from tech12 nical and advisory assistance and monitoring compli13 ance with this part, the State educational agency has

14 not exercised and will not exercise any influence in

15 the decision making processes of local educational

16 agencies as to the expenditure made pursuant to an

17 application under section 2433; and

18 ‘‘(5) contain assurances that there is compliance

19 with the specific requirements of this chapter.

20 ‘‘(b) PERIOD OF APPLICATION.—An application filed

21 by the State under subsection (a) shall be for a period not

22 to exceed 3 years, and may be amended annually as may

23 be necessary to reflect changes without filing a new applica24 tion.
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1 ‘‘(c) AUDIT RULE.—Notwithstanding section 1745 of

2 the Omnibus Budget Reconciliation Act of 1981, local edu3 cational agencies receiving less than an average of $5,000

4 each under this section need not be audited more frequently

5 than once every 5 years.

6 ‘‘Subpart 3—Local Targeted Assistance Programs

7 ‘‘SEC. 2431. TARGETED USE OF FUNDS.

8 ‘‘(a) GENERAL RULE.—Funds allocated for use under

9 this subpart shall be used by local educational agencies for

10 targeted assistance described in subsection (b).

11 ‘‘(b) TARGETED ASSISTANCE.—The targeted assistance

12 programs referred to in subsection (a) include—

13 ‘‘(1) technology related to the implementation of

14 school-based reform programs, including professional

15 development to assist teachers and other school offi16 cials regarding how to use effectively such equipment

17 and software;

18 ‘‘(2) instructional and educational materials, as19 sessments, and library services and materials (includ20 ing media materials) tied to high academic standards

21 and which are part of an overall education reform

22 program;

23 ‘‘(3) promising education reform projects, in24 cluding 21st Century Learning Center school projects

25 in accordance with subpart 4; and
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1 ‘‘(4) computer hardware and software purchased

2 under this section should be used only for instruc3 tional purposes.

4 ‘‘SEC. 2432. ADMINISTRATIVE AUTHORITY.

5 ‘‘In order to conduct the activities authorized by this

6 part, each State or local educational agency may use funds

7 reserved for this part to make grants to and to enter into

8 contracts with local educational agencies, institutions of

9 higher education, libraries, museums, and other public and

10 private nonprofit agencies, organizations, and institutions.

11 ‘‘SEC. 2433. LOCAL APPLICATIONS.

12 ‘‘(a) CONTENTS OF APPLICATION.—A local educational

13 agency or consortia of local educational agencies may re14 ceive an allocation of funds under this subpart for any year

15 for which an application is submitted to the State edu16 cational agency and such application is certified to meet

17 the requirements of this section. The State educational agen18 cy shall certify any such application if such application—

19 ‘‘(1) sets forth the planned allocation of funds

20 among targeted assistance programs described in sec21 tion 2431 of this part and describes the programs,

22 projects and activities designed to carry out such tar23 geted assistance which it intends to support, together

24 with the reasons for selection of such programs,

25 projects and activities; and
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1 ‘‘(2) describes how assistance under this section

2 will contribute to meeting the National Education

3 Goals and improving student achievement or improv4 ing the quality of education for students;

5 ‘‘(3) agrees to keep such records, and provide

6 such information to the State educational agency as

7 may reasonably be required for fiscal audit and pro8 gram evaluation, concession with the responsibilities

9 of the State agency under this part; and

10 ‘‘(4) provides in the allocation of funds for the

11 assistance authorized by this part, and in the design,

12 planning and implementation of such programs, for

13 systematic consultation with parents of children at14 tending elementary and secondary schools in the area

15 served by the local agency, with teachers and admin16 istrative personnel in such schools, and with other

17 groups involved in the implementation of this section

18 (such as librarians, school counselors, and other pupil

19 services personnel) as may be considered appropriate

20 by the local educational agency.

21 ‘‘(b) PERIOD OF APPLICATION.—An application filed

22 by a local educational agency under subsection (a) shall be

23 for a period not to exceed 3 fiscal years, may provide for

24 the allocation of funds to programs for a period of 3 years,
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1 and may be amended annually as may be necessary to re2 flect changes without filing a new application.

3 ‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—

4 Subject to the limitations and requirements of this part,

5 a local educational agency shall have complete discretion

6 in determining how funds under this subpart shall be di7 vided among the areas of targeted assistance. In exercising

8 such discretion, a local educational agency shall ensure that

9 expenditures under this subpart carry out the purposes of

10 this subpart and are used to meet the educational needs

11 within the schools of such local educational agency.

12 ‘‘Subpart 4—21st Century Community Learning

13 Centers

14 ‘‘SEC. 2441. FINDINGS.

15 ‘‘The Congress finds that—

16 ‘‘(1) there are influences outside of school which

17 affect the ability of a child to achieve academically

18 and schools are in a unique position to identify stu19 dent and family needs to coordinate programs;

20 ‘‘(2) access to health and social service programs

21 can assist children and their families to improve the

22 ability of the family to take an active role in their

23 child’s education;

24 ‘‘(3) coordination of health and social service

25 programs with education can help the Nation meet
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1 the National Education Goals and ensure better out2 comes for children;

3 ‘‘(4) the high technology, global economy of the

4 21st century will require lifelong learning to keep

5 America’s workforce competitive and successful;

6 ‘‘(5) 21st Century Community Learning Centers

7 enable the entire community to develop an education

8 strategy that addresses the educational needs of all

9 members of local communities; and

10 ‘‘(6) local public schools should provide centers

11 for lifelong learning and educational opportunities for

12 individuals of all ages.

13 ‘‘SEC. 2442. FUNDS FOR COMMUNITY LEARNING CENTERS.

14 ‘‘(a) IN GENERAL.—Local educational agencies may

15 use funds provided under section 2412 to pay the Federal

16 share of the cost for enabling schools to serve as centers for

17 the delivery of education and human services for members

18 of a community.

19 ‘‘(b) USES OF FUNDS.—Local educational agencies

20 may use funds provided under section 2412 for projects de21 scribed under this subpart.

22 ‘‘SEC. 2443. PROGRAMS.

23 ‘‘Local educational agencies that receive funds under

24 this subpart may develop programs that include—

25 ‘‘(1) literacy education programs;
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1 ‘‘(2) senior citizen programs;

2 ‘‘(3) children’s day care services;

3 ‘‘(4) integrated education, health, social service,

4 recreational, or cultural programs;

5 ‘‘(5) summer and weekend school programs in

6 conjunction with summer recreation programs;

7 ‘‘(6) nutrition programs;

8 ‘‘(7) expanded library service hours to serve com9 munity needs;

10 ‘‘(8) telecommunications and technology edu11 cation programs for all ages;

12 ‘‘(9) parenting skills education programs;

13 ‘‘(10) support and training for child day care

14 providers;

15 ‘‘(11) employment counseling, training, and

16 placement;

17 ‘‘(12) services for students who withdraw from

18 school before graduating high school, regardless of age;

19 and

20 ‘‘(13) services for individuals who are either

21 physically or mentally challenged.

22 ‘‘SEC. 2444. REQUIREMENTS.

23 ‘‘A local educational agency that uses funds to develop

24 programs under this subpart shall, at the end of the first

25 year for which funds are used for this purpose, provide in-
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1 formation to the State educational agency which describes

2 the activities and projects established with funds under this

3 subpart and includes—

4 ‘‘(1) information on the comprehensive local plan

5 that enables such school to serve as a center for the

6 delivery of education and human services for members

7 of a community; and

8 ‘‘(2) information on the initial evaluation of

9 needs, available resources, and goals and objectives for

10 the proposed community education program and how

11 such evaluation was used to determine the program

12 developed to address such needs; including—

13 ‘‘(A) the mechanism used to disseminate in14 formation in a manner understandable and ac15 cessible to the community;

16 ‘‘(B) identification of Federal, State, and

17 local programs merged or coordinated so that

18 public resources could be maximized;

19 ‘‘(C) a description of the collaborative ef20 forts of community-based organizations, related

21 public agencies, businesses, or other appropriate

22 organizations;

23 ‘‘(D) a description of how the school will as24 sist as a delivery center for existing and new

25 services; and
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1 ‘‘(E) the establishment of the facility utili2 zation policy that specifically states rules and

3 regulations for building and equipment use and

4 supervision guidelines.

5 ‘‘SEC. 2445. DEFINITION.

6 ‘‘For purposes of this subpart, the term ‘Community

7 Learning Center’ means the provision of educational, rec8 reational, health, and social service programs for residents

9 of all ages of a local community in public school buildings,

10 primarily in rural and inner city areas, operated by the

11 local educational agency in conjunction with local govern12 mental agencies, businesses, vocational education programs,

13 community colleges, universities, cultural, recreational, and

14 other community and human service entities.

15 ‘‘TITLE III—EXPANDING

16 OPPORTUNITIES FOR LEARNING

17 ‘‘PART A—FUND FOR THE IMPROVEMENT OF

18 EDUCATION

19 ‘‘SEC. 3201. FUND FOR THE IMPROVEMENT OF EDUCATION.

20 ‘‘(a) FUND AUTHORIZED.—From funds appropriated

21 under subsection (d), the Secretary is authorized to support

22 nationally significant programs and projects to improve the

23 quality of education, assist all students to meet challenging

24 standards, and contribute to the achievement of the Na25 tional Education Goals. The Secretary is authorized to
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1 carry out such programs and projects directly or through

2 grants to, or contracts with, State and local educational

3 agencies, institutions of higher education, and other public

4 and private agencies, organizations, and institutions.

5 ‘‘(b) USES OF FUNDS.—(1) Funds under this section

6 may be used for—

7 ‘‘(A) activities that will promote systemic edu8 cational reform at the State and local levels, such

9 as—

10 ‘‘(i) research and development related to

11 content and performance standards and oppor12 tunity-to-learn standards for student learning;

13 and

14 ‘‘(ii) the development and evaluation of

15 model strategies for assessment of student learn16 ing, professional development for teachers and

17 administrators, parent and community involve18 ment, and other aspects of systemic reform;

19 ‘‘(B) demonstrations at the State and local levels

20 that are designed to yield nationally significant re21 sults, including approaches to public school choice in

22 accordance with the requirements of part C and

23 school-based decisionmaking;

24 ‘‘(C) joint activities with other agencies to assist

25 the effort to achieve the National Education Goals, in-
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1 cluding activities related to improving the transition

2 from preschool to school and from school to work, as

3 well as activities related to the integration of edu4 cation and health and social services;

5 ‘‘(D) activities to promote and evaluate counsel6 ing and mentoring for students, including

7 intergenerational mentoring;

8 ‘‘(E) activities to promote comprehensive health

9 education;

10 ‘‘(F) activities to promote environmental edu11 cation;

12 ‘‘(G) activities to promote consumer, economic,

13 and personal finance education;

14 ‘‘(H) activities to assist students to demonstrate

15 competence in foreign languages;

16 ‘‘(I) studies and evaluation of various edu17 cational reform strategies and innovations being pur18 sued by the Federal Government, States, and local

19 educational agencies;

20 ‘‘(J) the identification and recognition of exem21 plary schools and programs, such as Blue Ribbon

22 Schools;

23 ‘‘(K) programs designed to promote gender eq24 uity in education by evaluating and eliminating gen25 der bias in instruction and educational materials,
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1 identifying, and analyzing gender inequities in edu2 cational practices, and implementing and evaluating

3 educational policies and practices designed to achieve

4 gender equity;

5 ‘‘(L) experiential-based learning, such as service6 learning; and

7 ‘‘(M) other programs and projects that meet the

8 purposes of this section.

9 ‘‘(2) The Secretary may also use funds under this sec10 tion to complete the project periods for direct grants or con11 tracts awarded under the provisions of the Elementary and

12 Secondary Education Act of 1965, part B of title III of

13 the Augustus F. Hawkins-Robert T. Stafford Elementary

14 and Secondary School Improvement Amendments of 1988,

15 or title III of the Education for Economic Security Act,

16 as these Acts were in effect on the day before enactment of

17 the Improving America’s Schools Act of 1994.

18 ‘‘(c) AWARDS.—(1) The Secretary may make awards

19 under this section on the basis of competitions announced

20 by the Secretary and may also support meritorious unsolic21 ited proposals.

22 ‘‘(2) The Secretary shall ensure that projects and ac23 tivities supported under this section are designed in such

24 a way that their effectiveness may be readily determined.
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1 ‘‘(3) The Secretary shall use a peer review process in

2 reviewing applications for grants under this section and

3 may use funds appropriated under subsection (d) for this

4 purpose.

5 ‘‘(d) AUTHORIZATION.—For the purpose of carrying

6 out this section, there are authorized to be appropriated

7 $35,000,000 for fiscal year 1995 and such sums as may be

8 necessary for each of the fiscal years 1996, 1997, 1998, and

9 1999.

10 ‘‘PART B—GIFTED AND TALENTED CHILDREN

11 ‘‘SEC. 3301. SHORT TITLE.

12 ‘‘This part may be cited as the ‘Jacob K. Javits Gifted

13 and Talented Students Education Act of 1994’.

14 ‘‘SEC. 3302. FINDINGS AND PURPOSES.

15 ‘‘(a) FINDINGS.—The Congress finds and declares

16 that—

17 ‘‘(1) all students can learn to high standards

18 and must develop their talents and realize their po19 tential if the United States is to prosper;

20 ‘‘(2) gifted and talented students are a national

21 resource vital to the future of the Nation and its secu22 rity and well-being;

23 ‘‘(3) too often schools fail to challenge students to

24 do their best work, and students who are not chal-
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1 lenged will not learn to high standards, fully develop

2 their talents, and realize their potential;

3 ‘‘(4) unless the special abilities of gifted and tal4 ented students are recognized and developed during

5 their elementary and secondary school years, much of

6 their special potential for contributing to the national

7 interest is likely to be lost;

8 ‘‘(5) gifted and talented students from economi9 cally disadvantaged families and areas, and students

10 of limited English proficiency are at greatest risk of

11 being unrecognized and of not being provided ade12 quate or appropriate educational services;

13 ‘‘(6) State and local educational agencies and

14 private nonprofit schools often lack the necessary spe15 cialized resources to plan and implement effective

16 programs for the early identification of gifted and

17 talented students for the provision of educational serv18 ices and programs appropriate to their special needs;

19 ‘‘(7) the Federal Government can best carry out

20 the limited but essential role of stimulating research

21 and development and personnel training and provid22 ing a national focal point of information and tech23 nical assistance that is necessary to ensure that the

24 Nation’s schools are able to meet the special edu-
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1 cational needs of gifted and talented students, and

2 thereby serve a profound national interest; and

3 ‘‘(8) the experience and knowledge gained in de4 veloping and implementing programs for gifted and

5 talented students can and should be used as a basis

6 to develop a rich and challenging curriculum for all

7 students.

8 ‘‘(b) STATEMENT OF PURPOSE.—

9 ‘‘(1) It is the purpose of this part to provide fi10 nancial assistance to State and local educational

11 agencies, institutions of higher education, and other

12 public and private agencies and organizations, to ini13 tiate a coordinated program of research, demonstra14 tion projects, personnel training, and similar activi15 ties designed to build a nationwide capability in ele16 mentary and secondary schools to meet the special

17 educational needs of gifted and talented students. In

18 addition, the purpose of this part is to encourage the

19 development of rich and challenging curricula for all

20 students through the appropriate application and ad21 aptation of materials and instructional methods de22 veloped under this part.

23 ‘‘(2) It is also the purpose of this part to supple24 ment and make more effective the expenditure of State
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1 and local funds, for the education of gifted and tal2 ented students.

3 ‘‘SEC. 3303. DEFINITIONS.

4 ‘‘For purposes of this part, the term ‘gifted and tal5 ented students’ means children and youth who give evidence

6 of high performance capability in areas such as intellectual,

7 creative, artistic, or leadership capacity, or in specific aca8 demic fields, and who require services or activities not ordi9 narily provided by the school in order to fully develop such

10 capabilities.

11 ‘‘SEC. 3304. AUTHORIZED PROGRAMS.

12 ‘‘(a) ESTABLISHMENT OF PROGRAM.—

13 ‘‘(1) From the sums appropriated under section

14 3308 in any fiscal year the Secretary (after consulta15 tion with experts in the field of the education of gifted

16 and talented students) shall make grants to or enter

17 into contracts with State educational agencies, local

18 educational agencies, institutions of higher education,

19 or other public agencies and private agencies and or20 ganizations (including Indian tribes and organiza21 tions as defined by the Indian Self-Determination

22 and Education Assistance Act and Hawaiian native

23 organizations) to assist such agencies, institutions,

24 and organizations which submit applications in car25 rying out programs or projects authorized by this Act
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1 that are designed to meet the educational needs of

2 gifted and talented students, including the training of

3 personnel in the education of gifted and talented stu4 dents and in the use, where appropriate, of gifted and

5 talented services, materials, and methods for all

6 students.

7 ‘‘(2) Applications for funds must include a sec8 tion on how the proposed gifted and talented services,

9 materials, and methods could be adapted, if appro10 priate, for use by all students and a section on how

11 the proposed programs can be evaluated.

12 ‘‘(b) USES OF FUNDS.—Programs and projects as13 sisted under this section may include—

14 ‘‘(1) professional development (including fellow15 ships) for personnel (including leadership personnel)

16 involved in the education of gifted and talented

17 students;

18 ‘‘(2) establishment and operation of model

19 projects and exemplary programs for serving gifted

20 and talented students, including innovative methods

21 for identifying and educating students who may not

22 be served by traditional gifted and talented programs,

23 summer programs, mentoring programs, service

24 learning programs, and cooperative programs involv25 ing business, industry, and education;
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1 ‘‘(3) training of personnel involved in gifted and

2 talented programs with respect to the impact of gen3 der role socialization on the educational needs of gift4 ed and talented children and in gender equitable edu5 cation methods, techniques, and practices;

6 ‘‘(4) strengthening the capability of State edu7 cational agencies and institutions of higher education

8 to provide leadership and assistance to local edu9 cational agencies and nonprofit private schools in the

10 planning, operation, and improvement of programs

11 for the identification and education of gifted and tal12 ented students and the appropriate use of gifted and

13 talented programs and methods to serve all students;

14 ‘‘(5) programs of technical assistance and infor15 mation dissemination which would include how gifted

16 and talented programs and methods, where appro17 priate, could be adapted for use by all students; and

18 ‘‘(6) carrying out—

19 ‘‘(A) research on methods and techniques for

20 identifying and teaching gifted and talented stu21 dents, and for using gifted and talented pro22 grams and methods to serve all students; and

23 ‘‘(B) program evaluations, surveys, and the

24 collection, analysis, and development of informa-
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1 tion needed to accomplish the purposes of this

2 part.

3 ‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—

4 ‘‘(1) The Secretary (after consultation with ex5 perts in the field of the education of gifted and tal6 ented students) shall establish a National Center for

7 Research and Development in the Education of Gifted

8 and Talented Children and Youth through grants to

9 or contracts with one or more institutions of higher

10 education or State educational agencies, or a com11 bination or consortium of such institutions and agen12 cies, for the purpose of carrying out activities de13 scribed in paragraph (5) of subsection (b).

14 ‘‘(2) Such National Center shall have a Director.

15 The Secretary may authorize the Director to carry

16 out such functions of the National Center as may be

17 agreed upon through arrangements with other institu18 tions of higher education, State or local educational

19 agencies, or other public or private agencies and orga20 nizations.

21 ‘‘(d) LIMITATION.—Not more than 30 percent of the

22 funds available in any fiscal year to carry out the programs

23 and projects authorized by this section may be used to con24 duct activities pursuant to subsections (b)(5) or (c).
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1 ‘‘(e) COORDINATION.—Research activities supported

2 under this section—

3 ‘‘(1) shall be carried out in consultation with the

4 Office of Educational Research and Improvement to

5 ensure that such activities are coordinated with and

6 enhance the research and development activities sup7 ported by the Office; and

8 ‘‘(2) may include collaborative research activities

9 which are jointly funded and carried out with the

10 Office of Education Research and Improvement.

11 ‘‘SEC. 3305. PROGRAM PRIORITIES.

12 ‘‘(a) GENERAL PRIORITY.—In the administration of

13 this part the Secretary shall give highest priority—

14 ‘‘(1) to the identification of and services to gifted

15 and talented students who may not be identified and

16 served through traditional assessment methods (in17 cluding economically disadvantaged individuals, in18 dividuals of limited-English proficiency, and individ19 uals with disabilities; and

20 ‘‘(2) to programs and projects designed to de21 velop or improve the capability of schools in an entire

22 State or region of the Nation through cooperative ef23 forts and participation of State and local educational

24 agencies, institutions of higher education, and other

25 public and private agencies and organizations (in-
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1 cluding business, industry, and labor), to plan, con2 duct, and improve programs for the identification of

3 and service to gifted and talented students, such as

4 mentoring and apprenticeship programs.

5 ‘‘(b) SERVICE PRIORITY.—In approving applications

6 under section 3304(a) of this part, the Secretary shall as7 sure that in each fiscal year at least one-half of the applica8 tions approved address the priority in section 3305(a)(1).

9 ‘‘SEC. 3306. GENERAL PROVISIONS.

10 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN

11 AND TEACHERS.—In making grants and entering into con12 tracts under this part, the Secretary shall ensure, where ap13 propriate, that provision is made for the equitable partici14 pation of students and teachers in private nonprofit elemen15 tary and secondary schools, including the participation of

16 teachers and other personnel in professional development

17 programs for serving such children.

18 ‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—

19 The Secretary shall—

20 ‘‘(1) use a peer review process in reviewing ap21 plications under this part;

22 ‘‘(2) ensure that information on the activities

23 and results of projects funded under this part is dis24 seminated to appropriate State and local agencies
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1 and other appropriate organizations, including non2 profit private organizations; and

3 ‘‘(3) evaluate the effectiveness of programs under

4 this part, both in terms of the impact on students tra5 ditionally served in separate gifted and talented pro6 grams and on other students, and submit the results

7 of such evaluation to Congress not later than January

8 1, 1998.

9 ‘‘SEC. 3307. ADMINISTRATION.

10 ‘‘The Secretary shall establish or designate an admin11 istrative unit within the Department of Education—

12 ‘‘(1) to administer the programs authorized by

13 this part;

14 ‘‘(2) to coordinate all programs for gifted and

15 talented students administered by the Department;

16 ‘‘(3) to serve as a focal point of national leader17 ship and information on the educational needs of gift18 ed and talented students and the availability of edu19 cational services and programs designed to meet such

20 needs; and

21 ‘‘(4) to assist the Assistant Secretary of the Of22 fice of Educational Research and Improvement in

23 identifying research priorities which reflect the needs

24 of gifted and talented students.
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1 The administrative unit established or designated pursuant

2 to this section shall be headed by a person of recognized

3 professional qualifications and experience in the field of the

4 education of gifted and talented students.

5 ‘‘SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated $10,000,000

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

8 for each of the fiscal years 1996, 1997, 1998, and 1999 to

9 carry out the provisions of this part.

10 ‘‘PART C—PUBLIC CHARTER SCHOOLS

11 ‘‘SEC. 3401. PURPOSE.

12 ‘‘It is the purpose of this part to increase national un13 derstanding of the charter schools model by—

14 ‘‘(1) providing financial assistance for the design

15 and initial implementation of charter schools; and

16 ‘‘(2) evaluating the effects of those schools on im17 proving student achievement, including their effects

18 on students, staff, and parents.

19 ‘‘SEC. 3402. PROGRAM AUTHORIZED.

20 ‘‘(a) GENERAL.—The Secretary may make grants to

21 eligible applicants for the design and initial operation of

22 charter schools.

23 ‘‘(b) PROJECT PERIODS.—Each such grant shall be for

24 a period of not more than three years, of which the grantee

25 may use—
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1 ‘‘(1) no more than 18 months for planning and

2 program design; and

3 ‘‘(2) no more than two years for the initial im4 plementation of the charter school.

5 ‘‘(c) LIMITATION.—The Secretary shall not make more

6 than one grant to support a particular charter school.

7 ‘‘SEC. 3403. APPLICATIONS.

8 ‘‘(a) APPLICATIONS REQUIRED.—Any eligible appli9 cant that desires to receive a grant under this part shall

10 submit an application to the Secretary at such time and

11 in such manner as the Secretary may require.

12 ‘‘(b) SCOPE OF APPLICATION.—Each such application

13 may request assistance for a single charter school or for a

14 cluster of schools, which may include a high school and its

15 feeder elementary and middle schools, within a community.

16 ‘‘(c) APPLICATION CONTENTS.—Each such application

17 shall include, for each charter school for which assistance

18 is sought—

19 ‘‘(1) a description of the educational program to

20 be implemented by the proposed charter school, in21 cluding—

22 ‘‘(A) how the program will enable all stu23 dents to meet challenging State performance

24 standards;
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1 ‘‘(B) the grade levels or ages of children to

2 be served; and

3 ‘‘(C) the curriculum and instructional prac4 tices to be used;

5 ‘‘(2) a description of how the school will be man6 aged;

7 ‘‘(3) a description of—

8 ‘‘(A) the objectives of the school; and

9 ‘‘(B) the methods by which the school will

10 determine its progress toward achieving those ob11 jectives;

12 ‘‘(4) a description of the administrative relation13 ship between the charter school and the local edu14 cational agency that will authorize or approve the

15 school’s charter and act as the grantee under this

16 part;

17 ‘‘(5) a description of how parents and other

18 members of the community will be involved in the de19 sign and implementation of the charter school;

20 ‘‘(6) a description of how the local educational

21 agency will provide for continued operation of the

22 school once the Federal grant has expired, if such

23 agency determines that the school is successful;

24 ‘‘(7) a request and justification for waivers of

25 any Federal statutory or regulatory provisions that
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1 the applicant believes are necessary for the successful

2 operation of the charter school, and a description of

3 any State or local rules, generally applicable to pub4 lic schools, that will be waived for, or otherwise not

5 apply to, the school;

6 ‘‘(8) a description of how the grant funds would

7 be used;

8 ‘‘(9) a description of how grant funds would be

9 used in conjunction with other Federal programs ad10 ministered by the Secretary;

11 ‘‘(10) a description of how students in the com12 munity will be—

13 ‘‘(A) informed about the school; and

14 ‘‘(B) given an equal opportunity to attend

15 the school;

16 ‘‘(11) an assurance that the applicant will annu17 ally provide the Secretary such information as the

18 Secretary may require to determine if the charter

19 school is making satisfactory progress toward achiev20 ing the objectives described under paragraph (3);

21 ‘‘(12) an assurance that the applicant will co22 operate with the Secretary in evaluating the program

23 authorized by this part; and

24 ‘‘(13) such other information and assurances as

25 the Secretary may require.
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1 ‘‘(d) STATE EDUCATIONAL AGENCY APPROVAL RE2 QUIRED.—(1) A local educational agency that desires to re3 ceive a grant under this part shall obtain the State edu4 cational agency’s approval of its application before submit5 ting it to the Secretary.

6 ‘‘(2) A State educational agency that approves an ap7 plication of a local educational agency shall provide the

8 local educational agency, and such local agency shall in9 clude in its application to the Secretary, a statement that

10 the State has granted, or will grant, the waivers and exemp11 tions from State requirements described in such local agen12 cy’s application.

13 ‘‘SEC. 3404. SELECTION OF GRANTEES; WAIVERS.

14 ‘‘(a) CRITERIA.—The Secretary shall select projects to

15 be funded on the basis of the quality of the applications,

16 taking into consideration such factors as—

17 ‘‘(1) the quality of the proposed curriculum and

18 instructional practices;

19 ‘‘(2) the degree of flexibility afforded by the State

20 and, if applicable, the local educational agency to the

21 school;

22 ‘‘(3) the extent of community support for the ap23 plication;

24 ‘‘(4) the ambitiousness of the objectives for the

25 school;
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1 ‘‘(5) the quality of the plan for assessing achieve2 ment of those objectives; and

3 ‘‘(6) the likelihood that the school will meet those

4 objectives and improve educational results for stu5 dents.

6 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

7 review process to review applications for grants under this

8 section.

9 ‘‘(c) DIVERSITY OF PROJECTS.—The Secretary may

10 approve projects in a manner that ensures, to the extent

11 possible, that they—

12 ‘‘(1) are distributed throughout different areas of

13 the Nation, including in urban and rural areas; and

14 ‘‘(2) represent a variety of educational ap15 proaches.

16 ‘‘(d) WAIVERS.—The Secretary may waive any statu17 tory or regulatory requirement that the Secretary is respon18 sible for enforcing, except for any such requirement relating

19 to the elements of a charter school described in section

20 3407(1), if—

21 ‘‘(1) the waiver is requested in an approved ap22 plication or by a grantee under this part; and

23 ‘‘(2) the Secretary determines that granting such

24 a waiver would promote the purpose of this part.
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1 ‘‘SEC. 3405. USES OF FUNDS.

2 ‘‘A recipient of a grant under this part may use the

3 grant funds only for—

4 ‘‘(1) post-award planning and design of the edu5 cational program, which may include—

6 ‘‘(A) refinement of the desired educational

7 results and of the methods for measuring

8 progress toward achieving those results; and

9 ‘‘(B) professional development of teachers

10 and other staff who will work in the charter

11 school; and

12 ‘‘(2) initial implementation of the charter school,

13 which may include—

14 ‘‘(A) informing the community about the

15 school;

16 ‘‘(B) acquiring necessary equipment;

17 ‘‘(C) acquiring or developing curriculum

18 materials; and

19 ‘‘(D) other operational costs that cannot be

20 met from State or local sources.

21 ‘‘SEC. 3406. NATIONAL ACTIVITIES.

22 ‘‘The Secretary may reserve up to 10 percent of the

23 funds appropriated for this part for any fiscal year for—

24 ‘‘(1) peer review of applications under section

25 3404(b); and
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1 ‘‘(2) an evaluation of the impact of charter

2 schools on student achievement, including those as3 sisted under this part.

4 ‘‘SEC. 3407. DEFINITIONS.

5 ‘‘As used in this part, the following terms have the fol6 lowing meanings:

7 ‘‘(1) The term ‘charter school’ means a school

8 that—

9 ‘‘(A) in accordance with an enabling State

10 statute, is exempted from significant State or

11 local rules that inhibit the flexible operation and

12 management of public schools, but not from any

13 rules relating to the other requirements of this

14 paragraph;

15 ‘‘(B) is created by a developer as a public

16 school, or is adapted by a developer from an ex17 isting public school;

18 ‘‘(C) operates in pursuit of a specific set of

19 educational objectives determined by the school’s

20 developer and agreed to by the local educational

21 agency applying for a grant on behalf of the

22 school;

23 ‘‘(D) provides a program of elementary or

24 secondary education, or both;
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1 ‘‘(E) is nonsectarian in its programs, ad2 missions policies, employment practices, and all

3 other operations, and is not affiliated with a sec4 tarian school or religious institution;

5 ‘‘(F) does not charge tuition;

6 ‘‘(G) complies with the Age Discrimination

7 Act, title VI of the Civil Rights Act of 1964, title

8 IX of the Education Amendments of 1972, sec9 tion 504 of the Rehabilitation Act of 1973, and

10 part B of the Individuals with Disabilities Edu11 cation Act;

12 ‘‘(H) admits students on the basis of a lot13 tery, if more students apply for admission than

14 can be accommodated;

15 ‘‘(I) agrees to comply with the same Federal

16 and State audit requirements as do other public

17 schools in the State, unless such requirements are

18 specifically waived for the purpose of this pro19 gram;

20 ‘‘(J) meets all applicable Federal, State,

21 and local health and safety requirements; and

22 ‘‘(K) operates in accordance with State law.

23 ‘‘(2) The term ‘developer’ means an individual

24 or group of individuals (including a public or private

25 nonprofit organization), which may include teachers,
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1 administrators and other school staff, parents, or

2 other members of the local community in which a

3 charter school project will be carried out.

4 ‘‘(3) The term ‘eligible applicant’ means a local

5 educational agency, in partnership with a developer

6 with an application approved under section 3403(d).

7 ‘‘SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.

8 ‘‘For the purpose of carrying out this part, there are

9 authorized to be appropriated $15,000,000 for fiscal year

10 1995 and such sums as may be necessary for each of the

11 fiscal years 1996, 1997, 1998, and 1999.

12 ‘‘PART D—ARTS IN EDUCATION

13 ‘‘Subpart 1—Support for Arts Education

14 ‘‘SEC. 3501. SUPPORT FOR ARTS EDUCATION.

15 ‘‘(a) FINDINGS.—The Congress finds that—

16 ‘‘(1) the arts are forms of understanding and

17 ways of knowing that are fundamentally important to

18 education;

19 ‘‘(2) the arts are important to excellent edu20 cation and to effective school reform;

21 ‘‘(3) the most significant contribution of the arts

22 to education reform is the transformation of teaching

23 and learning;

24 ‘‘(4) this transformation is best realized in the

25 context of comprehensive, systemic education reform;
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1 ‘‘(5) demonstrated competency in the arts for

2 American students is among the National Education

3 Goals;

4 ‘‘(6) the arts can motivate at-risk students to

5 stay in school and become active participants in the

6 educational process; and

7 ‘‘(7) arts education should be an integral part of

8 the elementary and secondary school curriculum.

9 ‘‘(b) PURPOSE. The purposes of this part are to—

10 ‘‘(1) support systemic education reform by

11 strengthening arts education as an integral part of

12 the elementary and secondary school curriculum;

13 ‘‘(2) help ensure that all students have the oppor14 tunity to learn to challenging standards in the arts;

15 and

16 ‘‘(3) support the national effort to enable all stu17 dents to demonstrate competence in the arts in ac18 cordance with the National Education Goals.

19 ‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out the

20 purposes of this part, the Secretary is authorized to make

21 grants to, or enter into contracts or cooperative agreements

22 with—

23 ‘‘(1) State educational agencies;

24 ‘‘(2) local educational agencies;

25 ‘‘(3) institutions of higher education; and
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1 ‘‘(4) other public and private agencies, institu2 tions, and organizations.

3 ‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this

4 part may be used for—

5 ‘‘(1) research on arts education;

6 ‘‘(2) the development of, and dissemination of in7 formation about, model arts education programs;

8 ‘‘(3) the development of model arts education as9 sessments based on high standards;

10 ‘‘(4) the development and implementation of cur11 riculum frameworks for arts education;

12 ‘‘(5) the development of model preservice and in13 service professional development programs for arts

14 educators and other instructional staff;

15 ‘‘(6) supporting collaborative activities with

16 other Federal agencies or institutions involved in arts

17 education, such as the National Endowment for the

18 Arts, the Institute of Museum Services, the John F.

19 Kennedy Center for the Performing Arts, and the Na20 tional Gallery of Art;

21 ‘‘(7) supporting model projects and programs in

22 the performing arts for children and youth through

23 arrangements made with the John F. Kennedy Center

24 for the Performing Arts;
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1 ‘‘(8) supporting model projects and programs in

2 the arts for individuals with disabilities through ar3 rangements with the organization, Very Special Arts;

4 ‘‘(9) supporting model projects and programs to

5 integrate arts education into the regular elementary

6 and secondary school curriculum; and

7 ‘‘(10) other activities that further the purposes of

8 this part.

9 ‘‘(e) COORDINATION.—(1) A recipient of funds under

10 this part shall, to the extent possible, coordinate its project

11 with appropriate activities of public and private cultural

12 agencies, institutions, and organizations, including muse13 ums, arts education associations, libraries, and theaters.

14 ‘‘(2) In carrying out this part, the Secretary shall co15 ordinate with the National Endowment for the Arts, the In16 stitute of Museum Services, the John F. Kennedy Center

17 for the Performing Arts, and the National Gallery of Art.

18 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—For the

19 purpose of carrying out this subpart, there are authorized

20 to be appropriated $11,000,000 for fiscal year 1995 and

21 such sums as may be necessary for each of the fiscal years

22 1996, 1997, 1998, and 1999.
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1 ‘‘Subpart 2—Community Arts

2 ‘‘SEC. 3502. SHORT TITLE.

3 ‘‘This subpart may be cited as the ‘‘Community Arts

4 Partnership Act of 1994’’.

5 ‘‘(a) FINDINGS.—Congress finds that—

6 ‘‘(1) with local school budgets cut there are in7 adequate arts programs available for children in

8 schools, especially at the elementary level;

9 ‘‘(2) the arts promote progress in academic sub10 jects as shown by research conducted by the National

11 Endowment for the Arts;

12 ‘‘(3) the arts access multiple human intelligences

13 and develop higher-order thinking skills;

14 ‘‘(4) the arts generate self-esteem and positive

15 emotional responses to learning; and

16 ‘‘(5) children who receive instruction in the arts

17 remain in school longer and are more successful than

18 children who do not receive such instruction.

19 ‘‘(b) PURPOSE.—The purpose of this part is to make

20 demonstration grants to eligible entities to improve the edu21 cational performance and future potential of at-risk chil22 dren and youth by providing comprehensive and coordi23 nated educational and cultural services.

24 ‘‘(c) GRANTS AUTHORIZED.—

25 ‘‘(1) IN GENERAL.—The Secretary is authorized

26 to award grants to eligible entities to pay the Federal
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1 share of the costs of the activities described in sub2 section (f).

3 ‘‘(2) SPECIAL REQUIREMENTS.—The Secretary

4 shall award grants under this Act only to programs

5 designed to—

6 ‘‘(A) promote educational and cultural serv7 ices;

8 ‘‘(B) provide multi-year services to at-risk

9 children and youth;

10 ‘‘(C) serve the target population described

11 in subsection (e);

12 ‘‘(D) provide integration of community cul13 tural resources in the regular curriculum;

14 ‘‘(E) focus school and cultural resources in

15 the community on coordinated cultural services

16 to address the needs of at-risk children and

17 youth;

18 ‘‘(F) provide effective cultural linkages from

19 preschool programs, including the Head Start

20 Act and preschool grants under the Individuals

21 with Disabilities Education Act, to elementary

22 schools;

23 ‘‘(G) facilitate school-to-work transition

24 from secondary schools and alternative schools to

25 job training, higher education, and employment;
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1 ‘‘(H) increase parental and community in2 volvement in the educational, social, and cul3 tural development of at-risk youth; or

4 ‘‘(I) replicate programs and strategies that

5 provide high quality coordinated educational

6 and cultural services and that are designed to

7 integrate such coordination into the regular cur8 riculum.

9 ‘‘(3) REQUIREMENT OF COORDINATION.—Grants

10 may only be awarded under this part to eligible enti11 ties that agree to coordinate activities carried out

12 under other Federal, State, and local grants, received

13 by the members of the partnership for purposes and

14 target populations described in this part, into an in15 tegrated service delivery system located at a school,

16 cultural, or other community-based site accessible to

17 and utilized by at-risk youth.

18 ‘‘(4) DURATION.—Grants made under this part

19 may be renewable for a maximum of 5 years if the

20 Secretary determines that the eligible recipient has

21 made satisfactory progress toward the achievement of

22 the program objectives described in application.

23 ‘‘(5) GEOGRAPHIC DISTRIBUTION.—In awarding

24 grants under this part, the Secretary shall ensure—
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1 ‘‘(A) an equitable geographic distribution;

2 and

3 ‘‘(B) an equitable distribution to both urban

4 and rural areas with a high proportion of at-risk

5 youth as defined in subsection (e).

6 ‘‘(d) ELIGIBILITY.—

7 ‘‘(1) SERVICES FOR IN-SCHOOL YOUTH.—For the

8 purpose of providing a grant under this part to serve

9 in-school children and youth, the term ‘eligible entity’

10 means a partnership between a local education agen11 cy that is eligible for funds under title I of this Act,

12 and at least 1 institution of higher education or cul13 tural entity located within or accessible to the geo14 graphical boundaries of the local education agency

15 with a history of providing quality services to the

16 community, and which may include—

17 ‘‘(A) nonprofit institutions of higher edu18 cation; museums; libraries; performing, present19 ing and exhibiting arts organizations; literary

20 arts organizations; local arts organizations; and

21 zoological and botanical organizations; and

22 ‘‘(B) private for-profit entities with a his23 tory of training children and youth in the arts.

24 ‘‘(2) SERVICES FOR OUT-OF-SCHOOL YOUTH.—

25 For purposes of providing a grant under this part to
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1 serve out-of-school youth, the term ‘eligible entity’

2 means a partnership between at least 1 entity of the

3 type described in paragraph (A) or (B) of subsection

4 (1), or a local education agency eligible for funds

5 under chapter 1 of title I of this Act and at least 1

6 cultural entity described in subsection (1).

7 ‘‘(e) TARGET POPULATION.—In order to receive a

8 grant under this part, an eligible entity shall serve—

9 ‘‘(1) students enrolled in schools in participating

10 schoolwide projects assisted under title I of this Act

11 and the families of such students; or

12 ‘‘(2) out-of-school youth at risk of having limited

13 future options as a result of teenage pregnancy and

14 parenting, substance abuse, recent migration, disabil15 ity, limited English proficiency, family migration, il16 literacy, being the child of a teen parent, living in a

17 single parent household, or being a high school drop18 out; or

19 ‘‘(3) any combination of in school and out-of20 school at-risk youth.

21 ‘‘(f) AUTHORIZED ACTIVITIES.—

22 ‘‘(1) IN GENERAL.—Funds made under this part

23 may be used—

24 ‘‘(A) to plan, develop, acquire, expand, and

25 improve school-based or community-based coordi-
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1 nated educational and cultural programs to

2 strengthen the educational performance and fu3 ture potential of in-school and out-of-school at4 risk youth through cooperative agreements, con5 tracts for services, or administrative coordina6 tion;

7 ‘‘(B) to provide at-risk students with inte8 grated cultural activities designed to develop a

9 love of learning to ensure the smooth transition

10 of preschool children to elementary school;

11 ‘‘(C) to design collaborative cultural activi12 ties for students in secondary or alternative

13 schools that ensure the smooth transition to job

14 training, higher education, or full employment;

15 ‘‘(D) to provide child care for children of

16 at-risk students who would not otherwise be able

17 to participate in the program;

18 ‘‘(E) to provide transportation necessary for

19 participation in the program;

20 ‘‘(F) to work with existing school personnel

21 to develop curriculum materials and programs

22 in the arts;

23 ‘‘(G) to work with existing school personnel

24 on staff development activities that encourage the

25 integration of the arts into the curriculum;
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1 ‘‘(H) for stipends that allow local artists to

2 work with at-risk children and youth in the

3 schools;

4 ‘‘(I) for cultural programs that encourage

5 the active participation of parents in their chil6 dren’s education;

7 ‘‘(J) for programs that use the art reform

8 current school practices, including lengthening

9 the school day or academic year;

10 ‘‘(K) for appropriate equipment and nec11 essary supplies; and

12 ‘‘(L) for evaluation, administration, and

13 supervision.

14 ‘‘(2) PRIORITY.—In providing assistance under

15 this part, the Secretary shall give priority to eligible

16 entities that provide comprehensive services that ex17 tend beyond traditional school or service hour, that

18 may include year round programs that provide serv19 ices in the evenings and on weekends.

20 ‘‘(3) PLANNING GRANTS.—

21 ‘‘(A) APPLICATION.—An eligible entity may

22 submit an application to the Secretary for a

23 planning grant for an amount not to exceed

24 $50,000. Such grants shall be for periods of not

25 more than 1 year.
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1 ‘‘(B) LIMIT ON PLANNING GRANTS.—Not

2 more than 10 percent of the amounts appro3 priated in each fiscal year under this part shall

4 be used for grants under this subsection, and an

5 eligible entity may receive not more than 1 such

6 planning grant.

7 ‘‘(g) GENERAL PROVISIONS.—

8 ‘‘(1) IN GENERAL.—Each eligible entity desiring

9 a grant under this part shall submit an application

10 to the Secretary at such time, in such manner, and

11 accompanied by such information as the Secretary

12 may reasonably require.

13 ‘‘(2) CONTENTS.—Each application submitted

14 pursuant to subsection (a) shall—

15 ‘‘(A) describe the cultural entity or entities

16 that will participate in the partnership;

17 ‘‘(B) describe the target population to be

18 served;

19 ‘‘(C) describe the services to be provided;

20 ‘‘(D) describe a plan for evaluating the suc21 cess of the program;

22 ‘‘(E) describe, for a local educational agency

23 participant, how services will be perpetuated be24 yond the length of the grant;
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1 ‘‘(F) describe the manner in which the eligi2 ble entity will improve the educational achieve3 ment or future potential of at-risk youth through

4 more effective coordination of cultural services in

5 the community;

6 ‘‘(G) describe the overall and operational

7 goals of the program; and

8 ‘‘(H) describe the nature and location of all

9 planned sites where services will be delivered and

10 a description of services which will be provided

11 at each site.

12 ‘‘(h) PAYMENTS—FEDERAL SHARE.—

13 ‘‘(1) PAYMENTS.—The Secretary shall pay to

14 each eligible entity having an application approved

15 under subsection (g) the Federal share of the cost of

16 the activities described in the application.

17 ‘‘(2) AMOUNTS OF GRANTS.—The amount of a

18 grant made under this part may not be less than

19 $100,000 or exceed $500,000 in the first year of such

20 grant.

21 ‘‘(3) FEDERAL SHARE.—The Federal share shall

22 be 80 percent.

23 ‘‘(4) NON-FEDERAL SHARE.—The non-Federal

24 share shall be equal to 20 percent and may be in cash
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1 or in kind, fairly evaluated, including facilities or

2 services.

3 ‘‘(5) LIMITATION.—Not more than 25 percent of

4 any grant under this part may be used for

5 noninstructional services such as those described in

6 paragraphs D, E, and L of subsection (f).

7 ‘‘(6) SUPPLEMENT AND NOT SUPPLANT.—Grant

8 funds awarded under this part shall be used to sup9 plement not supplant the amount of funds made

10 available from non-Federal sources, for the activities

11 assisted under this part, in amounts that exceed the

12 amounts expended for such activities in the year pre13 ceding the year for which the grant is awarded.

14 ‘‘(7) DISSEMINATION OF MODELS.—The Sec15 retary shall disseminate information concerning suc16 cessful models under this part through the National

17 Diffusion Network.

18 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated to carry out this subpart,

20 $75,000,000 for fiscal year 1995 and such sums as may be

21 necessary for each of the fiscal years 1996, 1997, 1998, and

22 1999.
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1 ‘‘PART E—INEXPENSIVE BOOK DISTRIBUTION

2 PROGRAM

3 ‘‘SEC. 3601. INEXPENSIVE BOOK DISTRIBUTION PROGRAM

4 FOR READING MOTIVATION.

5 ‘‘(a) AUTHORIZATION.—The Secretary is authorized to

6 enter into a contract with Reading Is Fundamental (herein7 after in this section referred to as ‘the contractor’) to sup8 port and promote programs, which include the distribution

9 of inexpensive books to students, that motivate children to

10 read.

11 ‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract

12 entered into under subsection (a) shall—

13 ‘‘(1) provide that the contractor will enter into

14 subcontracts with local private nonprofit groups or

15 organizations or with public agencies under which

16 each subcontractor will agree to establish, operate,

17 and provide the non-Federal share of the cost of read18 ing motivation programs that include the distribution

19 of books, by gift, to the extent feasible, or by loan, to

20 children up through high school age, including those

21 in family literacy programs;

22 ‘‘(2) provide that funds made available to sub23 contractors will be used only to pay the Federal share

24 of the cost of such programs;

25 ‘‘(3) provide that in selecting subcontractors for

26 initial funding, the contractor will give priority to
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1 programs that will serve a substantial number or per2 centage of children with special needs, such as—

3 ‘‘(A) low-income children, particularly in

4 high-poverty areas;

5 ‘‘(B) children at risk of school failure;

6 ‘‘(C) children with disabilities, including

7 children with serious emotional disturbance;

8 ‘‘(D) foster children;

9 ‘‘(E) homeless children;

10 ‘‘(F) migrant children;

11 ‘‘(G) children without access to libraries;

12 ‘‘(H) institutionalized or incarcerated chil13 dren; and

14 ‘‘(I) children whose parents are institu15 tionalized or incarcerated;

16 ‘‘(4) provide that the contractor will provide

17 such technical assistance to subcontractors as may be

18 necessary to carry out the purpose of this section;

19 ‘‘(5) provide that the contractor will annually

20 report to the Secretary the number of, and describe,

21 programs funded under paragraph (3); and

22 ‘‘(6) include such other terms and conditions as

23 the Secretary determines to be appropriate to ensure

24 the effectiveness of such programs.
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1 ‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary

2 shall make no payment of the Federal share of the cost of

3 acquiring and distributing books under any contract under

4 this section unless the Secretary determines that the con5 tractor or subcontractor, as the case may be, has made ar6 rangements with book publishers or distributors to obtain

7 books at discounts at least as favorable as discounts that

8 are customarily given by such publisher or distributor for

9 book purchases made under similar circumstances in the

10 absence of Federal assistance.

11 ‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the pur12 pose of this section, the term ‘Federal share’ means the por13 tion of the cost to a subcontractor of purchasing books to

14 be paid with funds made available under this section. The

15 Federal share shall be established by the Secretary, and

16 shall not exceed 75 percent, except that the Federal share

17 for programs serving children of migrant or seasonal farm18 workers shall be 100 percent.

19 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

20 purpose of carrying out this section, there are authorized

21 to be appropriated $10,300,000 for fiscal year 1995 and

22 such sums as may be necessary for each of the fiscal years

23 1996, 1997, 1998, and 1999.
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1 ‘‘PART F—CIVIC EDUCATION

2 ‘‘SEC. 3701. INSTRUCTION ON THE HISTORY AND PRIN3 CIPLES OF DEMOCRACY IN THE UNITED

4 STATES.

5 ‘‘(a) GENERAL AUTHORITY.—

6 ‘‘(1) PROGRAM ESTABLISHED.—(A) The Sec7 retary shall carry out a program to enhance the at8 tainment of Goals Three and Six of the National

9 Education Goals by educating students about the his10 tory and principles of the Constitution of the United

11 States, including the Bill of Rights, and to foster civic

12 competence and responsibility.

13 ‘‘(B) Such program shall be known as ‘We the

14 People . . . The Citizen and the Constitution’.

15 ‘‘(2) EDUCATIONAL ACTIVITIES.—The program

16 required by paragraph (1) shall—

17 ‘‘(A) continue and expand the educational

18 activities of the We the People . . . The Citizen

19 and the Constitution program administered by

20 the Center for Civic Education; and

21 ‘‘(B) enhance student attainment of chal22 lenging content standards in civics and govern23 ment.

24 ‘‘(3) CONTRACT OR GRANT AUTHORIZED.—The

25 Secretary is authorized to enter into a contract or
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1 grant with the Center for Civic Education to carry

2 out the program required by paragraph (1).

3 ‘‘(b) PROGRAM CONTENT.—The education program

4 authorized by this section shall provide—

5 ‘‘(1) a course of instruction on the basic prin6 ciples of our constitutional democracy and the history

7 of the Constitution and the Bill of Rights;

8 ‘‘(2) school and community simulated congres9 sional hearings following the course of study at the re10 quest of participating schools; and

11 ‘‘(3) an annual national competition of simu12 lated congressional hearings for secondary students

13 who wish to participate in such program.

14 ‘‘(c) PROGRAM PARTICIPANTS.—The education pro15 gram authorized by this section shall be made available to

16 public and private elementary and secondary schools in the

17 435 congressional districts, the Commonwealth of Puerto

18 Rico, the Virgin Islands, Guam, American Samoa, and the

19 District of Columbia.

20 ‘‘(d) SPECIAL RULE.—Funds provided under this sec21 tion may be used for the advanced training of teachers in

22 civics and government after the provisions of subsection (b)

23 have been implemented.
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1 ‘‘SEC. 3702. INSTRUCTION IN CIVICS, GOVERNMENT, AND

2 THE LAW.

3 ‘‘(a) PROGRAM ESTABLISHED.—The Secretary shall

4 carry out a program of grants and contracts to assist State

5 and local educational agencies and other public and private

6 nonprofit agencies, organizations and institutions to en7 hance—

8 ‘‘(1) attainment by students of challenging con9 tent standards in civics, government, and the law;

10 and

11 ‘‘(2) attainment by the Nation of Goals Three

12 and Six of the National Education Goals.

13 ‘‘(b) AUTHORIZED ACTIVITIES.—Assistance under this

14 section may support new and ongoing programs in elemen15 tary and secondary schools that provide for—

16 ‘‘(1) the development and implementation of cur17 ricular programs that enhance student understanding

18 of—

19 ‘‘(A) the values and principles which under20 lie, and the institutions and processes which

21 comprise, our system of government;

22 ‘‘(B) the role of law in our constitutional

23 democracy, including activities to promote—

24 ‘‘(i) legal literacy; and

25 ‘‘(ii) a dedication by students to the

26 use of non-violent means of conflict resolu-
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1 tion such as arbitration, mediation, nego2 tiation, trials, and appellate hearings; and

3 ‘‘(C) the rights and responsibilities of citi4 zenship;

5 ‘‘(2) professional development for teachers, in6 cluding pre-service and in-service training;

7 ‘‘(3) outside-the-classroom learning experiences

8 for students, including community service activities;

9 ‘‘(4) the active participation of community lead10 ers, from the public and private sectors, in the schools;

11 and

12 ‘‘(5) the provision of technical assistance to State

13 and local educational agencies and other institutions

14 and organizations working to further the progress of

15 the Nation in attaining the Goals Three and Six of

16 the National Education Goals in civics and govern17 ment.

18 ‘‘(c) APPLICATIONS, PEER REVIEW AND PRIORITY.—

19 ‘‘(1) SUBMISSION OF APPLICATIONS.—A State or

20 local educational agency, other public or private non21 profit agency, organization or institution that desires

22 to receive a grant or enter into a contract under this

23 section shall submit an application to the Secretary

24 at such time, in such manner, and containing or ac-
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1 companied by such information as the Secretary may

2 reasonably require.

3 ‘‘(2) PEER REVIEW.—(A) The Secretary shall

4 convene a panel of individuals for purpose of review5 ing and rating applications submitted under para6 graph (1).

7 ‘‘(B) Such individuals shall have experience with

8 education programs in civics, government, and the

9 law.

10 ‘‘(3) Priority.—In making grants or awarding

11 contracts under this section, the Secretary shall give

12 priority consideration to applications which propose

13 the operation of statewide programs.

14 ‘‘(d) DURATION OF GRANTS AND EXCEPTION.—

15 ‘‘(1) DURATION.—Except as provided in para16 graph (2), the Secretary shall make grants and enter

17 into contracts under this section for periods of 2 or

18 3 years.

19 ‘‘(2) EXCEPTION.—The Secretary may make a

20 grant or enter into a contract under this section for

21 a period of less than 2 years if the Secretary deter22 mines that special circumstances exist which warrant

23 a one year grant or contract award.
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1 ‘‘SEC. 3703. REPORT; AUTHORIZATION OF APPROPRIA2 TIONS.

3 ‘‘(a) REPORT.—The Secretary shall report, on a bien4 nial basis, to the Committee on Education and Labor of

5 the House of Representatives and to the Committee on

6 Labor and Human Resources of the Senate related to the

7 distribution and use of funds authorized under this part.

8 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

9 ‘‘(1) GENERAL.—To carry out this part, there

10 are authorized to be appropriated $15,000,000 for fis11 cal year 1995 and such sums as may be necessary for

12 each of the fiscal years 1996, 1997, 1998, and 1999.

13 ‘‘(2) ALLOCATION.—From the amount appro14 priated under subsection (a), the Secretary shall allo15 cate—

16 ‘‘(A) 40 percent of such amount to carry out

17 section 3701; and

18 ‘‘(B) 60 percent of such amount to carry

19 out section 3702.

20 ‘‘PART G—NATIVE HAWAIIAN EDUCATION

21 ‘‘SEC. 3801. SHORT TITLE.

22 ‘‘This part may be cited as the ‘Native Hawaiian Edu23 cation Act’.

24 ‘‘SEC. 3802. FINDINGS.

25 ‘‘The Congress finds that:
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1 ‘‘(1) Native Hawaiians comprise a distinct and

2 unique indigenous people with a historical continuity

3 to the original inhabitants of the Hawaiian archipel4 ago whose society was organized as a Nation prior to

5 the arrival of the first non-indigenous people in 1778.

6 ‘‘(2) The Native Hawaiian people are entitled to

7 preserve, develop and transmit to future generations

8 their ancestral territory, and their cultural identity

9 in accordance with their own spiritual and tradi10 tional beliefs, customs, practices, languages, and so11 cial institutions.

12 ‘‘(3) The constitution and statutes of the State of

13 Hawaii:

14 ‘‘(A) acknowledge the distinct land rights of

15 the Native Hawaiian people as beneficiaries of

16 the public lands trust; and

17 ‘‘(B) reaffirm and protect the unique right

18 of the Native Hawaiian people to practice and

19 perpetuate their cultural and religious customs,

20 beliefs, practices, and language.

21 ‘‘(4) At the time of the arrival of the first non22 indigenous people in Hawaii in 1778, the Native Ha23 waiian people lived in a highly organized, self-suffi24 cient, subsistence social system based on communal
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1 land tenure with a sophisticated language, culture,

2 and religion.

3 ‘‘(5) A unified monarchial government of the

4 Hawaiian Islands was established in 1810 under Ka5 mehameha I, the first King of Hawaii.

6 ‘‘(6) Throughout the 19th century and until

7 1893, the United States: (a) recognized the independ8 ence of the Hawaiian Nation; (b) extended full and

9 complete diplomatic recognition to the Hawaiian gov10 ernment; and (c) entered into treaties and conven11 tions with the Hawaiian monarchs to govern com12 merce and navigation in 1826, 1842, 1849, 1875 and

13 1887.

14 ‘‘(7) In the year 1893, the United States Min15 ister assigned to the sovereign and independent King16 dom of Hawaii, John L. Stevens, conspired with a

17 small group of non-Hawaiian residents of the King18 dom, including citizens of the United States, to over19 throw the indigenous and lawful Government of

20 Hawaii.

21 ‘‘(8) In pursuance of that conspiracy, the United

22 States Minister and the naval representative of the

23 United States caused armed naval forces of the Unit24 ed States to invade the sovereign Hawaiian Nation in

25 support of the overthrow of the indigenous and lawful
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1 Government of Hawaii and the United States Min2 ister thereupon extended diplomatic recognition of a

3 provisional government formed by the conspirators

4 without the consent of the native people of Hawaii or

5 the lawful Government of Hawaii in violation of trea6 ties between the two nations and of international law.

7 ‘‘(9) In a message to Congress on December 18,

8 1893, then President Grover Cleveland reported fully

9 and accurately on these illegal actions, and acknowl10 edged that by these acts, described by the President as

11 acts of war, the government of a peaceful and friendly

12 people was overthrown, and the President concluded

13 that a ‘substantial wrong has thus been done which

14 a due regard for our national character as well as the

15 rights of the injured people require that we should

16 endeavor to repair.’

17 ‘‘(10) Queen Lili’uokalani, the lawful monarch of

18 Hawaii, and the Hawaiian Patriotic League, rep19 resenting the aboriginal citizens of Hawaii, promptly

20 petitioned the United States for redress of these

21 wrongs and for restoration of the indigenous govern22 ment of the Hawaiian nation, but this petition was

23 not acted upon.

24 ‘‘(11) In 1898, the United States annexed Ha25 waii through the Newlands Resolution, without the
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1 consent of or compensation to the indigenous people

2 of Hawaii or their sovereign government, who were

3 denied their land, ocean resources, and the mechanism

4 for expression of their inherent sovereignty through

5 self-government and self-determination.

6 ‘‘(12) Through the Newlands Resolution and the

7 1900 Organic Act, the United States Congress re8 ceived 1.75 million acres of lands formerly owned by

9 the Crown and Government of the Hawaiian King10 dom and exempted the lands from then existing public

11 land laws of the United States by mandating that the

12 revenue and proceeds from these lands be ‘used solely

13 for the benefit of the inhabitants of the Hawaiian Is14 lands for education and other public purposes,’ there15 by establishing a special trust relationship between

16 the United States and the indigenous native inhab17 itants of Hawaii.

18 ‘‘(13) Congress enacted the Hawaiian Homes

19 Commission Act of 1920 designating 200,000 acres of

20 the ceded public lands for exclusive homesteading by

21 Native Hawaiians, affirming the trust relationship

22 between the United States and the Native Hawaiians,

23 as expressed by then Secretary of the Interior Frank24 lin K. Lane, who was cited in the Committee Report

25 of the United States House of Representatives Com-
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1 mittee on Territories as stating: ‘One thing that im2 pressed me . . . was the fact that the natives of these

3 islands who are our wards, I should say, and for

4 whom in a sense we are trustees, are falling off rap5 idly in numbers and many of them are in poverty.’

6 ‘‘(14) In 1938, the United States Congress again

7 acknowledged the unique status of the Hawaiian peo8 ple by including in the Act of June 20, 1938 (52 Stat.

9 781 et seq.), a provision to lease lands within the Na10 tional Parks extension to Native Hawaiians and to

11 permit fishing in the area ‘only by native Hawaiian

12 residents of said area or of adjacent villages and by

13 visitors under their guidance.’

14 ‘‘(15) Under the Act entitled ‘An Act to provide

15 for the admission of the State of Hawaii into the

16 Union’ Approved March 18, 1959 (73 Stat. 4), the

17 United States transferred responsibility for the ad18 ministration of the Hawaiian Home Lands to the

19 State of Hawaii but reaffirmed the trust relationship

20 which existed between the United States and the Ha21 waiian people by retaining the exclusive power to en22 force the trust, including the power to approve land

23 exchanges and legislative amendments affecting the

24 rights of beneficiaries under such Act.
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1 ‘‘(16) Under the Act entitled ‘An Act to provide

2 for the admission of the State of Hawaii into the

3 Union’, approved March 18, 1959 (73 Stat. 4), the

4 United States transferred responsibility for adminis5 tration over portions of the ceded public lands trust

6 not retained by the United States to the State of Ha7 waii but reaffirmed the trust responsibility which ex8 isted between the United States and the Hawaiian

9 people by retaining the legal responsibility to enforce

10 the administration of the public trust responsibility of

11 the State of Hawaii for the betterment of the condi12 tions of Native Hawaiians under section 5(f) of the

13 Act entitled ‘An Act to provide for the admission of

14 the State of Hawaii into the Union.’

15 ‘‘(17) The authority of the Congress under the

16 United States Constitution to legislate in matters af17 fecting the aboriginal or indigenous peoples of the

18 United States includes the authority to legislate in

19 matters affecting the native peoples of Alaska and

20 Hawaii.

21 ‘‘(18) In furtherance to the trust responsibility

22 for the betterment of the conditions of native Hawai23 ians, the United States has established educational

24 programs to benefit Native Hawaiians and has ac25 knowledged that special educational efforts are re-
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1 quired recognizing the unique cultural and historical

2 circumstances of Native Hawaiians.

3 ‘‘(19) This historical and legal relationship has

4 been consistently recognized and affirmed by the Con5 gress through the enactment of Federal laws which ex6 tend to the Hawaiian people the same rights and

7 privileges accorded to American Indian, Alaska Na8 tive, Eskimo, and Aleut communities, including the

9 Native American Programs Act of 1974; the Native

10 American Programs Act of 1992, as amended; the Na11 tional Historic Act Amendments of 1992; the Amer12 ican Indian Religious Freedom Act; the Native Amer13 ican Graves Protection and Repatriation Act.

14 ‘‘(20) The United States has also recognized and

15 reaffirmed the trust relationship to the Hawaiian

16 people through legislation which authorizes the provi17 sion of services to Native Hawaiians, specifically, the

18 Older Americans Act of 1965, the Developmental Dis19 abilities Assistance and Bill of Rights Act Amend20 ments of 1987, the Veterans’ Benefits and Services Act

21 of 1988, the Rehabilitation Act of 1973, the Native

22 Hawaiian Health Care Act of 1988, the Health Pro23 fessions Reauthorization Act of 1988, the Nursing

24 Shortage Reduction and Education Extension Act of

25 1988, the Handicapped Programs Technical Amend-
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1 ments Act of 1988, the Indian Health Care Amend2 ments of 1988, and the Disadvantaged Minority

3 Health Improvements Act of 1990.

4 ‘‘(21) Despite the success of the programs estab5 lished under the Native Hawaiian Education Act of

6 1988, the education needs of Native Hawaiians con7 tinue to be severe:

8 ‘‘(A) Native Hawaiian students continue to

9 score below national norms on standardized edu10 cation achievement tests;

11 ‘‘(B) Both public and private schools con12 tinue to show a pattern of low percentages of Na13 tive Hawaiian students in the uppermost

14 achievement levels and in gifted and talented

15 programs;

16 ‘‘(C) Native Hawaiian students continue to

17 be overrepresented among those qualifying for

18 special education programs provided to learning

19 disabled, educable mentally retarded, handi20 capped, and other such students;

21 ‘‘(D) Native Hawaiians continue to be dis22 proportionately represented in many negative so23 cial and physical statistics, indicative of special

24 educational needs—
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1 ‘‘(i) lower educational attainment

2 among Native Hawaiians has been found to

3 relate to lower socioeconomic outcomes;

4 ‘‘(ii) Native Hawaiian students con5 tinue to be disproportionately under6 represented in Institutions of Higher Edu7 cation;

8 ‘‘(iii) Native Hawaiians continue to be

9 underrepresented in traditional white collar

10 professions, health care professions, and the

11 newly emerging technology based professions

12 and are overrepresented in service occupa13 tions;

14 ‘‘(iv) Native Hawaiian children con15 tinue to be disproportionately victimized by

16 child abuse and neglect, a signal of family

17 stress; and

18 ‘‘(v) there are and will continue to be

19 geographically rural, isolated areas with a

20 high Native Hawaiian population density.

21 ‘‘(22) Special efforts in education recognizing the

22 unique cultural and historical circumstances of Na23 tive Hawaiians are required.

24 ‘‘SEC. 3803. PURPOSE.

25 ‘‘It is the purpose of this part to—
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1 ‘‘(1) authorize and develop supplemental edu2 cational programs to assist Native Hawaiians in

3 reaching the National Education Goals,

4 ‘‘(2) provide direction and guidance to appro5 priate Federal, State, and local agencies to focus re6 sources, including those made available by the title on

7 the problem of Native Hawaiian Education, and

8 ‘‘(3) supplement and expand existing programs

9 and authorities in the area of education to further the

10 purposes of the title.

11 ‘‘(4) encourage the maximum participation of

12 Native Hawaiians in planning and management of

13 Native Hawaiian Education Programs.

14 ‘‘SEC. 3804. NATIVE HAWAIIAN EDUCATION COUNCIL.

15 ‘‘(a) ESTABLISHMENT.—In order to better effectuate

16 the purposes of this part through assistance in the coordina17 tion of services and programs provided for under this part,

18 the Secretary shall establish a Native Hawaiian Education

19 Council.

20 ‘‘(b) COMPOSITION.—Such Council shall consist of, but

21 not be limited to:

22 ‘‘(1) representatives of each of the programs

23 which receive Federal funding under this part;

24 ‘‘(2) a representative from the Office of the

25 Governor;
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1 ‘‘(3) a representative from the Office of Hawai2 ian Affairs;

3 ‘‘(4) representatives of other Native Hawaiian

4 Educational organizations and Native Hawaiian or5 ganizations which receive Federal or state education

6 funds; and

7 ‘‘(5) parent, student, educator and community

8 organizations.

9 ‘‘(c) CONDITIONS AND TERMS.—All members of the

10 Council shall be residents of the State of Hawaii, and at

11 least half of the members shall be Native Hawaiian. Mem12 bers of the Council shall be appointed for five year terms.

13 ‘‘(d) DUTIES AND RESPONSIBILITIES.—(1) The Coun14 cil shall provide direction and guidance to appropriate

15 Federal, State, and local agencies to focus resources, includ16 ing those made available by this title on Native Hawaiian

17 Education.

18 ‘‘(2) The Council is authorized to make available to

19 Congress any information, advice, and recommendations

20 that the Council is authorized to give to the Secretary.

21 ‘‘(3) The Secretary shall, whenever practicable, consult

22 with the Council before taking any significant action relat23 ed to the education of Native Hawaiians. Any advice or

24 recommendation made by the Council to the Secretary shall
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1 reflect the independent judgment of the Council on the mat2 ter concerned.

3 ‘‘(e) ADMINISTRATIVE PROVISIONS.—The Council shall

4 meet at the call of the Chair, or upon the request of the

5 majority of the Council, but in any event not less than twice

6 during each calendar year. All matters relating to, or pro7 ceedings of, the Council need not comply with the Federal

8 Advisory Committee Act.

9 ‘‘(f) COMPENSATION.—A member of the Native Hawai10 ian Council shall not receive any compensation for service

11 on the Council.

12 ‘‘(g) ANNUAL REPORT.—The Council shall present to

13 the Secretary an annual report on its activities.

14 ‘‘(h) REPORT TO CONGRESS.—Not later than 4 years

15 after the date of the enactment of the Improving America’s

16 Schools Act, the Secretary shall prepare and submit to the

17 Senate Committee on Indian Affairs and the House Com18 mittee on Education and Labor, a report which summarizes

19 the annual reports of the Native Hawaiian Council, de20 scribes the allocation and utilization of monies under this

21 part, and contains recommendations for changes in Fed22 eral, State, and local policy to advance the purposes of this

23 part.
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1 ‘‘SEC. 3805. NATIVE HAWAIIAN LANGUAGE IMMERSION

2 PROJECT.

3 ‘‘(a) NATIVE HAWAIIAN LANGUAGE IMMERSION AU4 THORITY.—In order to continue the state-wide effort at revi5 talizing the Native Hawaiian Language through the

6 Punana Leo Project and the State of Hawaii’s immersion

7 project, the Secretary shall make direct grants to—

8 ‘‘(1) Aha Punana Leo for the continued mainte9 nance of the Punana Leo Project, a family-based Ha10 waiian Immersion pre-school program;

11 ‘‘(2) the State of Hawaii for education support

12 services for the State of Hawaii’s Hawaiian Immer13 sion Program; and to

14 ‘‘(3) the State of Hawaii to establish a center for

15 Native Hawaiian curriculum development and teach16 er training.

17 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per18 cent of the funds appropriated to carry out the provisions

19 of this section for any fiscal year may be used for adminis20 trative purposes.

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated $1,500,000 for fiscal year

23 1995 and such sums as may be necessary for fiscal years

24 1996 through 1999. Such funds shall remain available until

25 expended.
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1 ‘‘SEC. 3806. NATIVE HAWAIIAN FAMILY-BASED EDUCATION

2 CENTERS.

3 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall

4 make direct grants to Native Hawaiian Organizations (in5 cluding Native Hawaiian Educational Organizations) to

6 develop and operate a minimum of eleven Family-Based

7 Education Centers throughout the Hawaiian Islands. Such

8 centers shall include—

9 ‘‘(1) Parent-Infant programs (prenatal through

10 age 3);

11 ‘‘(2) Preschool programs for four and five year12 olds;

13 ‘‘(3) continued research and development; and

14 ‘‘(4) long term followup and assessment pro15 gram.

16 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per17 cent of the funds appropriated to carry out the provisions

18 of this section for any fiscal year may be used for adminis19 trative purposes.

20 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In addi21 tion to any other amount authorized for the centers de22 scribed in subsection (a), there is authorized to be appro23 priated $6,000,000 for fiscal year 1995 and such sums as

24 may be necessary for fiscal years 1996 through 1999. Such

25 funds shall remain available until expended.
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1 ‘‘SEC. 3807. NATIVE HAWAIIAN HIGHER EDUCATION DEM2 ONSTRATION PROGRAM.

3 ‘‘(a) HIGHER EDUCATION GENERAL AUTHORITY.—

4 The Secretary shall make grants to the Kamehameha

5 Schools/Bernice Pauahi Bishop Estate for a demonstration

6 program to provide Higher Education fellowship assistance

7 to Native Hawaiian students. The demonstration program

8 under this program may include—

9 ‘‘(1) full or partial fellowship support for Native

10 Hawaiian students enrolled at an accredited two or

11 four year degree granting institution of higher edu12 cation with awards to be based on academic potential

13 and financial need;

14 ‘‘(2) counseling and support services for such

15 students receiving fellowship assistance pursuant to

16 subsection (a)(1) of this section;

17 ‘‘(3) college preparation and guidance counseling

18 at the secondary school level for students who may be

19 eligible for fellowship assistance pursuant to sub20 section (a)(1) of this section;

21 ‘‘(4) appropriate research and evaluation of the

22 activities authorized by this section; and

23 ‘‘(5) implementation of faculty development pro24 grams for the improvement and matriculation of Na25 tive Hawaiian students.
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1 ‘‘(b) GRANTS AUTHORIZED.—The Secretary shall

2 make grants to Kamehameha Schools/Bernice Pauahi Bish3 op Estate for a demonstration project of fellowship assist4 ance for Native Hawaiian students in post-bachelor degree

5 programs. Such project may include—

6 ‘‘(1) full or partial fellowship support for Native

7 Hawaiian students enrolled at an accredited post8 bachelor degree granting institution of higher edu9 cation, with priority given to professions in which

10 Native Hawaiians are under-represented and with

11 awards to be based on academic potential and finan12 cial need;

13 ‘‘(2) counseling and support services for such

14 students receiving fellowship assistance pursuant to

15 subsection (b)(1) of this section; and

16 ‘‘(3) appropriate research and evaluation of the

17 activities authorized by this section.

18 ‘‘(c) SPECIAL CONDITION REQUIRED.—For the pur19 pose of subsection (b) fellowship conditions shall be estab20 lished whereby recipients obtain an enforceable contract ob21 ligation to provide their professional services, either during

22 their fellowship or upon completion of post-bachelor degree

23 program, to the Native Hawaiian community within the

24 State of Hawaii.
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1 ‘‘(d) SPECIAL RULE.—No policy shall be made in im2 plementing this Section to prevent a Native Hawaiian stu3 dent enrolled at an accredited two or four year degree

4 granting institution of higher education outside of the State

5 of Hawaii from receiving a fellowship pursuant to Para6 graphs (a) and (b) of this Section.

7 ‘‘(e) ADMINISTRATIVE COSTS.—No more than 7 per8 cent of the funds appropriated to carry out the provisions

9 of this section for any fiscal year may be used for adminis10 trative purposes.

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

12 ‘‘(1) There are authorized to be appropriated

13 $2,000,000 for fiscal year 1995 and such sums as

14 may be necessary for fiscal years 1996 through 1999

15 for the purpose of funding the fellowship assistance

16 demonstration project under subsection (a).

17 ‘‘(2) There are authorized to be appropriated

18 $1,500,000 for fiscal year 1995 and such sums as

19 may be necessary for fiscal years 1996 through 1999

20 for the purpose of funding the fellowship assistance

21 demonstration project provided under subsection (b).

22 ‘‘(3) Funds appropriated under the authority of

23 this subsection shall remain available until expended.
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1 ‘‘SEC. 3808. NATIVE HAWAIIAN GIFTED AND TALENTED DEM2 ONSTRATION PROGRAM.

3 ‘‘(a) GIFTED AND TALENTED DEMONSTRATION AU4 THORITY.—

5 ‘‘(1) The Secretary shall provide a grant to, or

6 enter into a contract with, the University of Hawaii

7 at Hilo for—

8 ‘‘(A) the establishment of a Native Hawai9 ian Gifted and Talented Center at the University

10 of Hawaii at Hilo, and

11 ‘‘(B) for demonstration projects designed

12 to—

13 (i) address the special needs of Native

14 Hawaiian elementary and secondary school

15 students who are gifted and talented stu16 dents, and

17 (ii) provide those support services to

18 their families that are needed to enable such

19 students to benefit from the project.

20 Such grant or contract shall be subject to the availability

21 of appropriated funds and, contingent on satisfactory per22 formance by the grantee, shall be provided for a term of

23 3 years.

24 ‘‘(2) After the term of the grant or contract pro25 vided, or entered into, under paragraph (1) has ex26 pired, the Secretary shall, for the purposes described
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1 in subparagraphs (A) and (B) of paragraph (1), pro2 vide a grant to, or enter into a contract with, the

3 public, 4-year, fully accredited institution of higher

4 education located in the State of Hawaii which has

5 made the greatest contribution to Native Hawaiian

6 students. Such grant or contract shall be provided on

7 an annual basis. The grantees shall be authorized to

8 subcontract when appropriate, including with the

9 Children’s Television Workshop.

10 ‘‘(b) USES OF FUNDS.—Demonstration projects funded

11 under this section may include—

12 ‘‘(1) the identification of the special needs of gift13 ed and talented students, particularly at the elemen14 tary school level, with attention to—

15 ‘‘(A) the emotional and psychosocial needs

16 of these students, and

17 ‘‘(B) the provision of those support services

18 to their families that are needed to enable these

19 students to benefit from the projects;

20 ‘‘(2) the conduct of educational, psychosocial,

21 and developmental activities which hold reasonable

22 promise of resulting in substantial progress toward

23 meeting the educational needs of such gifted and tal24 ented children, including, but not limited to, dem25 onstrating and exploring the use of the Native Ha-
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1 waiian language and exposure to Native Hawaiian

2 cultural traditions;

3 ‘‘(3) the use of public television in meeting the

4 special educational needs of such gifted and talented

5 children;

6 ‘‘(4) leadership programs designed to replicate

7 programs for such children throughout the State of

8 Hawaii and to other Native American peoples, in9 cluding the dissemination of information derived

10 from demonstration projects conducted under this sec11 tion; and

12 ‘‘(5) appropriate research, evaluation, and relat13 ed activities pertaining to—

14 ‘‘(A) the needs of such children, and

15 ‘‘(B) the provision of those support services

16 to their families that are needed to enable such

17 children to benefit from the projects.

18 ‘‘(c) INFORMATION PROVISION.—The Secretary shall

19 facilitate the establishment of a national network of Native

20 Hawaiian and American Indian Gifted and Talented Cen21 ters, and ensure that the information developed by these cen22 ters shall be readily available to the educational community

23 at large.

24 ‘‘(d) ADMINISTRATIVE COSTS.—No more than 7 per25 cent of the funds appropriated to carry out the provisions
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1 of this section for any fiscal year may be used for adminis2 trative purposes.

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In addi4 tion to any other amount authorized for projects described

5 in this section there are authorized to be appropriated

6 $2,000,000 for fiscal year 1995 and such sums as may be

7 necessary for fiscal years 1996 through 1999. Such funds

8 shall remain available until expended.

9 ‘‘SEC. 3809. NATIVE HAWAIIAN SPECIAL EDUCATION PRO10 GRAM.

11 ‘‘(a) SPECIAL EDUCATION AUTHORITY.—The Sec12 retary shall make grants to, and enter into contracts with,

13 Pihana Na Mamo, to operate projects to address the special

14 education needs of Native Hawaiian students. Such projects

15 assisted under this section may include—

16 ‘‘(1) the identification of Native Hawaiian chil17 dren who are learning disabled, mentally or phys18 ically handicapped, educable mentally retarded, or

19 otherwise in need of special educational services;

20 ‘‘(2) the identification of special education needs

21 of such children, particularly at the elementary school

22 level, with attention to—

23 ‘‘(A) the emotional and psychosocial needs

24 of these students, and
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1 ‘‘(B) the provision of those support services

2 to their families that are needed to enable such

3 children to benefit from the projects.

4 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per5 cent of the funds appropriated to carry out the provisions

6 of this section for any fiscal year may be used for adminis7 trative purposes.

8 ‘‘(c) MATCHING FUNDS.—(1) The Secretary may not

9 make a grant or provide funds pursuant to a contract under

10 this subsection—

11 ‘‘(A) in an amount exceeding 83.3 percent of the

12 costs of providing health services under the grant or

13 contract; and

14 ‘‘(B) unless Pihana Na Mamo agrees that the

15 State of Hawaii, the Office of Hawaiian Affairs, or

16 any other non-Federal entity will make available, di17 rectly or through donations to the Native Hawaiian

18 Special Education Project, non-Federal contributions

19 toward such costs in an amount equal to not less than

20 $1 (in cash or in kind under paragraph (2)) for each

21 $5 of Federal funds provided in such grant or

22 contract.

23 ‘‘(2) Non-Federal contributions required in paragraph

24 (1) may be in cash or in kind, fairly evaluated, including

25 plant, equipment, or services. Amounts provided by the Fed-
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1 eral Government or services assisted or subsidized to any

2 significant extent by the Federal Government may not be

3 included in determining the amount of non-Federal con4 tributions.

5 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In addi6 tion to any other amount authorized for such project, there

7 is authorized to be appropriated $2,000,000 for fiscal year

8 1995 and such sums as may be necessary for fiscal years

9 1996 through 1999. Such funds shall remain available until

10 expended.

11 ‘‘SEC. 3810. ADMINISTRATIVE PROVISIONS.

12 ‘‘(a) APPLICATION REQUIRED.—No grant may be

13 made under this part, nor any contract be entered into

14 under this part, unless an application is submitted to the

15 Secretary in such form, in such manner, and containing

16 such information as the Secretary may determine necessary

17 to carry out the provisions of this title.

18 ‘‘(b) SPECIAL RULE.—Each application submitted

19 under this title shall be accompanied by the comments of

20 each local educational agency serving students who will

21 participate in the project for which assistance is sought.

22 ‘‘SEC. 3811. DEFINITIONS.

23 ‘‘For the purposes of this part—

24 ‘‘(1) The term ‘Native Hawaiian’ means any in25 dividual who is—
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1 ‘‘(A) a citizen of the United States,

2 ‘‘(B) a resident of the State of Hawaii, and

3 ‘‘(C) a descendant of the aboriginal people,

4 who prior to 1778, occupied and exercised sov5 ereignty in the area that now comprises the

6 State of Hawaii, as evidenced by—

7 ‘‘(i) genealogical records,

8 ‘‘(ii) Kupuna (elders) or Kama’aina

9 (long-term community residents) verifica10 tion, or

11 ‘‘(iii) birth records of the State of

12 Hawaii.

13 ‘‘(2) The term ‘Secretary’ means the Secretary of

14 Education.

15 ‘‘(3) The term ‘Native Hawaiian Educational

16 Organization’ means a private nonprofit organization

17 that—

18 ‘‘(A) serves the interests of Native Hawai19 ians,

20 ‘‘(B) has Native Hawaiians in substantive

21 and policy-making positions within the organi22 zations,

23 ‘‘(C) has a demonstrated expertise in the

24 education of Native Hawaiian youth, and
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1 ‘‘(D) has demonstrated expertise in research

2 and program development.

3 ‘‘(4) The term ‘Native Hawaiian Organization’

4 means a private nonprofit organization that—

5 ‘‘(A) serves the interests of Native Hawai6 ians, and

7 ‘‘(B) has Native Hawaiians in substantive

8 and policy-making positions within the organi9 zations,

10 ‘‘(C) is recognized by the Governor of Ha11 waii for the purpose of planning, conducting, or

12 administering programs (or portions of pro13 grams) for the benefit of Native Hawaiians.

14 ‘‘(5) The term ‘elementary school’ has the same

15 meaning given that term under section 9101 of this

16 Act.

17 ‘‘(6) The term ‘local educational agency’ has the

18 same meaning given that term under section 9101 of

19 this Act.

20 ‘‘(7) The term ‘secondary school’ has the same

21 meaning given that term under section 9101 of this

22 Act.
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1 ‘‘PART H—ALLEN J. ELLENDER FELLOWSHIP

2 PROGRAM

3 ‘‘SEC. 3901. FINDINGS.

4 ‘‘The Congress makes the following findings:

5 ‘‘(1) It is a worthwhile goal to ensure that all

6 students in America are prepared for responsible citi7 zenship and that all students should have the oppor8 tunity to be involved in activities that promote and

9 demonstrate good citizenship.

10 ‘‘(2) It is a worthwhile goal to ensure that Amer11 ica’s educators have access to programs for the contin12 ued improvement of their professional skills.

13 ‘‘(3) Allen J. Ellender, a Senator from Louisi14 ana and President pro tempore of the United States

15 Senate, had a distinguished career in public service

16 characterized by extraordinary energy and real con17 cern for young people. Senator Ellender provided val18 uable support and encouragement to the Close Up

19 Foundation, a nonpartisan, nonprofit foundation

20 promoting knowledge and understanding of the Fed21 eral Government among young people and educators.

22 Therefore, it is a fitting and appropriate tribute to

23 Senator Ellender to provide fellowships in his name

24 to students of limited economic means, the teachers

25 who work with them and older Americans so that they
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•HR 6 RH

1 may participate in the programs supported by the

2 Close Up Foundation.

3 ‘‘Subpart 1—Program for Middle and Secondary

4 School Students

5 ‘‘SEC. 3911. ESTABLISHMENT.

6 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author7 ized to make grants in accordance with the provisions of

8 this title to the Close Up Foundation of Washington, Dis9 trict of Columbia, a nonpartisan, nonprofit foundation, for

10 the purpose of assisting the Close Up Foundation in carry11 ing out its programs of increasing understanding of the

12 Federal Government among middle and secondary school

13 students.

14 ‘‘(b) USE OF FUNDS.—Grants under this title shall be

15 used only for financial assistance to economically disadvan16 taged students who participate in the program described in

17 subsection (a) of this section. Financial assistance received

18 pursuant to this title by such students shall be known as

19 Allen J. Ellender fellowships.

20 ‘‘SEC. 3912. APPLICATIONS.

21 ‘‘(a) APPLICATION REQUIRED.—No grant under this

22 title may be made except upon an application at such time,

23 in such manner, and accompanied by such information as

24 the Secretary may reasonably require.
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1 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica2 tion shall contain provisions to assure—

3 ‘‘(1) that fellowship grants are made to economi4 cally disadvantaged middle and secondary school stu5 dents;

6 ‘‘(2) that every effort will be made to ensure the

7 participation of students from rural and small town

8 areas, as well as from urban areas, and that in

9 awarding fellowships to economically disadvantaged

10 students, special consideration will be given to the

11 participation of students with special educational

12 needs, including physically challenged students,

13 visually- and hearing-impaired students, ethnic mi14 nority students, and gifted and talented students; and

15 ‘‘(3) the proper disbursement of the funds of the

16 United States received under this title.

17 ‘‘Subpart 2—Program for Middle and Secondary

18 School Teachers

19 ‘‘SEC. 3915. ESTABLISHMENT.

20 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author21 ized to make grants in accordance with the provisions of

22 this title to the Close Up Foundation of Washington, Dis23 trict of Columbia, a nonpartisan, nonprofit foundation, for

24 the purpose of assisting the Close Up Foundation in carry-
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1 ing out its programs of teaching skills enhancement for

2 middle and secondary school teachers.

3 ‘‘(b) USE OF FUNDS.—Grants under this title shall be

4 used only for financial assistance to teachers who partici5 pate in the program described in subsection (a) of this sec6 tion. Financial assistance received pursuant to this title by

7 such individuals shall be known as Allen J. Ellender fellow8 ships.

9 ‘‘SEC. 3916. APPLICATIONS.

10 ‘‘(a) APPLICATION REQUIRED.—No grant under this

11 subpart may be made except upon an application at such

12 time, in such manner, and accompanied by such informa13 tion as the Secretary may reasonably require.

14 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica15 tion shall contain provisions to assure—

16 ‘‘(1) that fellowship grants are made only to

17 teachers who have worked with at least one student

18 from his or her school who participates in the pro19 grams described in section 101(a);

20 ‘‘(2) that not more than one teacher in each

21 school participating in the programs provided for in

22 section 101(a) may receive a fellowship in any fiscal

23 year;

24 ‘‘(3) the proper disbursement of the funds of the

25 United States received under this title.
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1 ‘‘Subpart 3—Programs for Recent Immigrants,

2 Students of Migrant Parents and Older Americans

3 ‘‘SEC. 3921. ESTABLISHMENT.

4 ‘‘(a) GENERAL AUTHORITY.—(1) The Secretary is au5 thorized to make grants in accordance with the provisions

6 of this title to the Close Up Foundation of Washington, Dis7 trict of Columbia, a nonpartisan, nonprofit foundation, for

8 the purpose of assisting the Close Up Foundation in carry9 ing out its programs of increasing understanding of the

10 Federal Government among economically disadvantaged

11 older Americans, recent immigrants and students of mi12 grant parents.

13 ‘‘(2) For the purpose of this subpart, the term ‘older

14 American’ means an individual who has attained 55 years

15 of age.

16 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

17 be used only for financial assistance to economically dis18 advantaged older Americans, recent immigrants and stu19 dents of migrant parents who participate in the program

20 described in subsection (a) of this section. Financial assist21 ance received pursuant to this subpart by such individuals

22 shall be known as Allen J. Ellender fellowships.

23 ‘‘SEC. 3922. APPLICATIONS.

24 ‘‘(a) APPLICATION REQUIRED.—No grant under this

25 subpart may be made except upon application at such time,
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1 in such manner, and accompanied by such information as

2 the Secretary may reasonably require.

3 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica4 tion shall contain provisions to assure—

5 ‘‘(1) that fellowship grants are made to economi6 cally disadvantaged older Americans, recent immi7 grants and students of migrant parents;

8 ‘‘(2) that every effort will be made to ensure the

9 participation of older Americans, recent immigrants

10 and students of migrant parents from rural and

11 small town areas, as well as from urban areas, and

12 that in awarding fellowships, special consideration

13 will be given to the participation of older Americans,

14 recent immigrants and students of migrant parents

15 with special needs, including physically challenged

16 individuals, visually- and hearing-impaired individ17 uals, ethnic minorities, and gifted and talented stu18 dents;

19 ‘‘(3) that activities permitted by section 301(a)

20 are fully described; and

21 ‘‘(4) the proper disbursement of the funds of the

22 United States received under this title.
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1 ‘‘Subpart 4—General Provisions

2 ‘‘SEC. 3925. ADMINISTRATIVE PROVISIONS.

3 ‘‘(a) GENERAL RULE.—Payments under this part may

4 be made in installments, in advance, or by way of reim5 bursement, with necessary adjustments on account of

6 underpayment or overpayment.

7 ‘‘(b) AUDIT RULE.—The Comptroller General of the

8 United States or any of the Comptroller General’s duly au9 thorized representatives shall have access for the purpose of

10 audit and examination to any books, documents, papers,

11 and records that are pertinent to any grant under this part.

12 ‘‘SEC. 3926. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘(a) There are authorized to be appropriated to carry

14 out the provisions of subparts 1, 2, and 3 of this part

15 $4,400,000 for fiscal year 1995 and such sums as may be

16 necessary for each of the fiscal years 1996, 1997, 1998, and

17 1999.

18 ‘‘(b) Of the funds appropriated pursuant to subsection

19 (a), not more than 30 percent may be used for teachers asso20 ciated with students participating in the programs de21 scribed in section 3911(a).

22 ‘‘PART I—TERRITORIAL EDUCATION

23 IMPROVEMENT PROGRAM

24 ‘‘SEC. 3931. FINDINGS AND PURPOSES.

25 ‘‘(a) FINDINGS.—The Congress finds that—
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1 ‘‘(1) the attainment of a high quality education

2 is important to a society and to each individual;

3 ‘‘(2) it is the policy of the United States that all

4 citizens have a fair opportunity to receive a high

5 quality education;

6 ‘‘(3) such opportunity should extend to United

7 States citizens and nationals residing in the outlying

8 areas;

9 ‘‘(4) reports show that the outlying areas have

10 repeatedly placed last in national education tests

11 which measure knowledge in core subject areas;

12 ‘‘(5) all students must realize their potential if

13 the United States is to prosper; and

14 ‘‘(6) students in the outlying areas require addi15 tional assistance if they are to obtain the high stand16 ards established for all students in the United States.

17 ‘‘(b) PURPOSES.—The purpose of this part is to au18 thorize an education improvement program for the United

19 States Virgin Islands, Guam, American Samoa, the North20 ern Mariana Islands, and Palau which will assist in devel21 oping programs which will enhance student learning, in22 crease the standard of education, and improve the perform23 ance levels of all students.
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1 ‘‘SEC. 3932. GRANT AUTHORIZATION.

2 ‘‘The Secretary is authorized to make grants to the Vir3 gin Islands, Guam, American Samoa, the Northern Mari4 ana Islands and Palau, until the effective date of the Com5 pact of Free Association with the Government of Palau, to

6 fund innovative education improvement programs which

7 will increase student learning.

8 ‘‘SEC. 3933. RESTRICTIONS.

9 ‘‘(a) CONSTRUCTION.—No funds from a grant under

10 section 3922 may be used for construction.

11 ‘‘(b) FULL USE.—If funds authorized under section

12 3922 are not fully committed within the period of the grant,

13 the grant for the next period shall be reduced by the amount

14 of funds not fully committed.

15 ‘‘SEC. 3934. AUTHORIZATION.

16 ‘‘There are authorized to be appropriated for grants

17 under section 3922 $5,000,000 for each of the fiscal years

18 1994 through 1999.

19 ‘‘TITLE IV—SAFE AND DRUG20 FREE SCHOOLS AND COMMU21 NITIES

22 ‘‘SEC. 4001. SHORT TITLE.

23 ‘‘This title may be cited as the ‘Safe and Drug-Free

24 Schools and Communities Act of 1994’.

25 ‘‘SEC. 4002. FINDINGS.

26 ‘‘The Congress finds as follows:
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1 ‘‘(1) National Education Goal Six provides that

2 by the year 2000, all schools in America will be free

3 of drugs and violence and offer a disciplined environ4 ment that is conducive to learning.

5 ‘‘(2) The widespread illegal use of alcohol and

6 other drugs among the Nation’s secondary school stu7 dents, and increasingly by students in elementary

8 schools as well, constitutes a grave threat to their

9 physical and mental well-being, and significantly im10 pedes the learning process. For example, data show

11 that students who drink tend to receive lower grades

12 and are more likely to miss school because of illness

13 than students who do not drink.

14 ‘‘(3) Our Nation’s schools and communities are

15 increasingly plagued by violence and crime. Approxi16 mately three million thefts and violent crimes occur

17 in or near our Nation’s schools every year, the equiva18 lent of more than 16,000 incidents per school day.

19 Approximately one of every five high school students

20 now carries a firearm, knife, or club on a regular

21 basis.

22 ‘‘(4) The tragic consequences of violence and the

23 illegal use of alcohol and drugs by students are felt

24 not only by students and their families, but by their
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1 communities and the Nation, which can ill afford to

2 lose their skills, talents, and vitality.

3 ‘‘(5) While use of illegal drugs is a serious prob4 lem among a minority of teenagers, alcohol use is far

5 more widespread. The proportion of high school stu6 dents using alcohol, though lower than a decade ago,

7 remains unacceptably high. By the 8th grade, 70 per8 cent of youth report having tried alcohol and by the

9 12th grade, about 88 percent have used alcohol. Alco10 hol use by young people can and does have adverse

11 consequences for users, their families, communities,

12 schools, and colleges.

13 ‘‘(6) Drug and violence prevention programs are

14 essential components of a comprehensive strategy to

15 promote school safety and to reduce the demand for

16 and use of drugs throughout the Nation. Schools and

17 local organizations in communities throughout the

18 Nation have a special responsibility to work together

19 to combat the growing epidemic of violence and illegal

20 drug use and should measure the success of their pro21 grams against clearly defined goals and objectives.

22 ‘‘(7) Students must take greater responsibility

23 for their own well-being, health, and safety if schools

24 and communities are to achieve their goals of provid-
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1 ing a safe, disciplined, and drug-free learning envi2 ronment.

3 ‘‘SEC. 4003. PURPOSE.

4 ‘‘The purpose of this title is to support programs to

5 meet Goal Six of the National Educational Goals by pre6 venting violence in and around schools and by strengthen7 ing programs that prevent the illegal use of alcohol and

8 drugs, involve parents, and are coordinated with related

9 Federal, State, and community efforts and resources,

10 through the provision of Federal assistance to—

11 ‘‘(1) States for grants to local and intermediate

12 educational agencies and consortia to establish, oper13 ate, and improve local programs of school drug and

14 violence prevention, early intervention, rehabilitation

15 referral, and education in elementary and secondary

16 schools (including intermediate and junior high

17 schools);

18 ‘‘(2) States for grants to local and intermediate

19 educational agencies and consortia for grants to, and

20 contracts with, community-based organizations and

21 other public and private non-profit agencies and or22 ganizations for programs of drug and violence preven23 tion, early intervention, rehabilitation referral, and

24 education;
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1 ‘‘(3) States for development, training, technical

2 assistance, and coordination activities;

3 ‘‘(4) public and private non-profit organizations

4 to conduct training, demonstrations, and evaluation,

5 and to provide supplementary services for the preven6 tion of drug use and violence among students and

7 youth; and

8 ‘‘(5) institutions of higher education for the de9 velopment and implementation of model programs

10 and strategies to promote the safety of students at11 tending institutions of higher education by preventing

12 violent behavior and the illegal use of alcohol and

13 drugs by such students.

14 ‘‘SEC. 4004. FUNDING.

15 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

16 are authorized to be appropriated—

17 ‘‘(1) for State grants under part A, $630,000,000

18 for fiscal year 1995 and such sums as may be nec19 essary for each of fiscal years 1996 through 1999; and

20 ‘‘(2) for national programs under part B,

21 $25,000,000 for fiscal year 1995 and such sums as

22 may be necessary for each of fiscal years 1996 through

23 1999.

24 ‘‘(b) AVAILABILITY.—(1) Appropriations for any fiscal

25 year for payments made under this title in accordance with
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1 regulations of the Secretary may be made available for obli2 gation or expenditure by the agency or institution con3 cerned on the basis of an academic or school year differing

4 from such fiscal year.

5 ‘‘(2) Funds appropriated for any fiscal year under this

6 title shall remain available for obligation and expenditure

7 until the end of the fiscal year succeeding the fiscal year

8 for which such funds were appropriated.

9 ‘‘PART A—STATE GRANTS FOR DRUG AND

10 VIOLENCE PREVENTION PROGRAMS

11 ‘‘SEC. 4101. RESERVATIONS AND ALLOTMENTS.

12 ‘‘(a) RESERVATIONS.—From the amount appropriated

13 for each fiscal year under section 5004(a)(1), the Sec14 retary—

15 ‘‘(1) shall reserve 1 percent of such amount for

16 grants under this part to Guam, American Samoa,

17 the Virgin Islands, the Commonwealth of the Northern

18 Mariana Islands, and Palau (until the effective date

19 of the Compact of Free Association with the Govern20 ment of Palau), to be allotted in accordance with

21 their respective needs;

22 ‘‘(2) shall reserve 1 percent of such amount for

23 the Secretary of the Interior to carry out programs

24 under this part for Indian youth;
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1 ‘‘(3) shall reserve 0.2 percent for programs for

2 Native Hawaiians under section 5202; and

3 ‘‘(4) may reserve no more than $1,000,000 for

4 the national impact evaluation required by section

5 5106(a).

6 ‘‘(b) STATE ALLOTMENTS.—(1) Except as provided

7 under paragraph (2), the Secretary shall, for each fiscal

8 year, allocate among the States—

9 ‘‘(A) one-half of the remainder not reserved

10 under subsection (a) according to the ratio between

11 the school-aged population of each State and the

12 school-aged population of all the States; and

13 ‘‘(B) one-half of such remainder according to the

14 ratio between the amount each State received under

15 section 1124 and 1124A of this Act for the preceding

16 year (or, for fiscal year 1995 only, sections 1005 and

17 1006 of this Act as in effect on the day before enact18 ment of the Safe and Drug-Free Schools and Commu19 nities Act Amendments of 1994) and the sum of such

20 amounts received by all the States.

21 ‘‘(2) For any fiscal year, no State shall be allotted

22 under this subsection an amount that is less than one-half

23 of 1 percent of the total amount allotted to all the States

24 under this subsection.
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1 ‘‘(3) The Secretary may reallot any amount of any

2 allotment to a State if the Secretary determines that the

3 State will be unable to use such amount within two years

4 of such allotment. Such reallotments shall be made on the

5 same basis as allotments made under paragraph (1).

6 ‘‘(4) For the purpose of this subsection, the term ‘State’

7 means each of the 50 States, the District of Columbia, and

8 the Commonwealth of Puerto Rico.

9 ‘‘SEC. 4102. STATE APPLICATIONS.

10 ‘‘(A) IN GENERAL.—In order to receive its allotment

11 under section 5101 for any fiscal year, a State shall submit

12 to the Secretary, at such time as the Secretary may require,

13 an application that—

14 ‘‘(1) designates the State educational agency as

15 the State agency responsible for the administration

16 and supervision of programs assisted with its allot17 ment under section 5101;

18 ‘‘(2)(A)(i) is integrated into the State’s plan, ei19 ther approved or being developed, under title III of

20 the Goals 2000: Educate America Act, and satisfies

21 the requirements of this section that are not already

22 addressed by that plan; and

23 ‘‘(ii) is submitted, if necessary, as an amend24 ment to the State’s plan under title III of the Goals

25 2000: Educate America Act; or
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1 ‘‘(B) if the State does not have an approved plan

2 under title III of the Goals 2000: Educate America

3 Act and is not developing such a plan, is integrated

4 with other State plans under this Act and satisfies the

5 requirements of this section;

6 ‘‘(3) contains the results of the State’s needs as7 sessment for drug and violence prevention programs,

8 which shall be based on the results of on-going State

9 evaluation activities, including data on the prevalence

10 of drug use and violence by youth in schools and com11 munities;

12 ‘‘(4) has been developed in consultation with the

13 chief executive officer, the head of the State alcohol

14 and drug abuse agency, the heads of the State health

15 and mental health agencies, the head of the State

16 child welfare agency, and the heads of the State

17 criminal and juvenile justice planning agencies;

18 ‘‘(5) contains a description of the procedures the

19 State educational agency will use to review applica20 tions from local educational agencies under section

21 5104;

22 ‘‘(6) contains an assurance that the State will

23 cooperate with, and assist, the Secretary in conduct24 ing a national impact evaluation of programs re25 quired by section 5106(a); and
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1 ‘‘(7) includes any other information the Sec2 retary may require.

3 ‘‘(b) STATE EDUCATIONAL AGENCY FUNDS.—A State’s

4 application under this section shall also contain a com5 prehensive plan for the use of funds under section 5103(a)

6 by the State educational agency that includes—

7 ‘‘(1) a statement of the State educational agen8 cy’s measurable goals and objectives for drug and vio9 lence prevention and a description of the procedures

10 it will use for assessing and publicly reporting

11 progress toward meeting those goals and objectives;

12 ‘‘(2) a plan for monitoring the implementation

13 of, and providing technical assistance regarding, the

14 drug and violence prevention programs conducted by

15 local educational agencies in accordance with section

16 5105;

17 ‘‘(3) a description of how the State educational

18 agency will use funds it reserves under section

19 5103(b);

20 ‘‘(4) a description of how the State educational

21 agency will coordinate its activities under this part

22 with drug and violence prevention efforts of other

23 State agencies; and

24 ‘‘(5) an explanation of the criteria the State edu25 cational agency will use to identify which local edu-
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1 cational agencies receive supplemental funds under

2 section 5103(d)(2)(A)(i)(II) and how the supple3 mental funds will be allocated among those local edu4 cational agencies.

5 ‘‘(d) PEER REVIEW.—The Secretary shall use a peer

6 review process in reviewing State applications under this

7 section.

8 ‘‘(e) INTERIM APPLICATION.—Notwithstanding any

9 other provisions of this section, a State may submit for fis10 cal year 1995 a one-year interim application and plan for

11 the use of funds under this part that are consistent with

12 the requirements of this section and contain such informa13 tion as the Secretary may specify in regulations. The pur14 pose of such interim application and plan shall be to afford

15 the State the opportunity to fully develop and review its

16 application and comprehensive plan otherwise required by

17 this section. A State may not receive a grant under this

18 part for a fiscal year subsequent to fiscal year 1995 unless

19 the Secretary has approved its application and comprehen20 sive plan.

21 ‘‘SEC. 4103. STATE AND LOCAL EDUCATIONAL AGENCY PRO22 GRAMS.

23 ‘‘(a) USE OF FUNDS.—(1) Except as provided in para24 graph (2), the total amount allocated to a State under sec25 tion 5101 for each fiscal year shall be used by the State
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1 educational agency and its local educational agencies for

2 drug and violence prevention activities in accordance with

3 this section.

4 ‘‘(2)(A) If a State has, on or before January 1, 1994,

5 established an independent State agency for the purpose of

6 administering all of the funds described in section 5121 of

7 this Act (as such section was in effect on the day before

8 the date of the enactment of the Safe and Drug-Free Schools

9 and Communities Act Amendments of 1994), then—

10 ‘‘(i) an amount equal to 70 percent of the total

11 amount allocated to such State under section 5101 for

12 each fiscal year shall be used by the State educational

13 agency and its local educational agencies for drug

14 and violence prevention activities in accordance with

15 this section; and

16 ‘‘(ii) an amount equal to 30 percent of such total

17 amount shall be used by such independent State agen18 cy for drug and violence prevention activities in ac19 cordance with section 5122 of this Act (as such section

20 was in effect on the day before the date of the enact21 ment of the Safe and Drug-Free Schools and Commu22 nities Act Amendments of 1994).

23 ‘‘(B) Not more than 2.5 percent of the amount reserved

24 under subparagraph (A)(ii) may be used for administrative
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1 costs of the independent State agency incurred in carrying

2 out the activities described in such subparagraph.

3 ‘‘(C) For purposes of this paragraph, the term ‘inde4 pendent State agency’ means an independent agency with

5 a board of directors or a cabinet level agency whose chief

6 executive officer is appointed by the chief executive officer

7 of the State and confirmed with the advice and consent of

8 the senate of such State.

9 ‘‘(b) STATE LEVEL PROGRAMS.—(1) A State edu10 cational agency shall use no more than five percent of the

11 amount reserved under subsection (a) for activities such

12 as—

13 ‘‘(A) training and technical assistance concern14 ing drug and violence prevention for local and inter15 mediate educational agencies, including teachers, ad16 ministrators, counselors, coaches and athletic direc17 tors, other educational personnel, parents, students,

18 community leaders, health service providers, local law

19 enforcement officials, and judicial officials;

20 ‘‘(B) the development, identification, dissemina21 tion and evaluation of the most readily available, ac22 curate, and up-to-date curriculum materials (includ23 ing videotapes, software, and other technology-based

24 learning resources), for consideration by local edu25 cational agencies;
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1 ‘‘(C) demonstration projects in drug and violence

2 prevention;

3 ‘‘(D) financial assistance to enhance resources

4 available for drug and violence prevention in areas

5 serving large numbers of economically disadvantaged

6 children or sparsely populated areas, or to meet other

7 special needs consistent with the purposes of this part;

8 and

9 ‘‘(E) the evaluation of activities carried out

10 within the State under this part.

11 ‘‘(2) A State educational agency may carry out activi12 ties under this subsection directly, or through grants or

13 contracts.

14 ‘‘(c) STATE ADMINISTRATION.—(1) A State edu15 cational agency may use no more than four percent of the

16 amount reserved under subsection (a) for the administrative

17 costs of carrying out its responsibilities under this part.

18 ‘‘(2) In administering its programs under this part,

19 a State educational agency may not delegate or transfer

20 any administrative functions in any manner to any other

21 State entity.

22 ‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—(1)

23 A State educational agency shall distribute not less than

24 92 percent of the amount reserved under subsection (a) for
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1 each fiscal year to local educational agencies in accordance

2 with this subsection.

3 ‘‘(2)(A)(i) Of the amount distributed under subsection

4 (d)(1), a State educational agency shall distribute—

5 ‘‘(I) 70 percent of such amount to local edu6 cational agencies, based on the relative enrollments in

7 public and private non-profit schools within their

8 boundaries; and

9 ‘‘(II) 30 percent of such amount to local edu10 cational agencies that the State educational agency

11 determines have the greatest need for additional funds

12 to carry out drug and violence prevention programs

13 authorized by this part.

14 ‘‘(ii) To the extent practicable, not less than 25 percent

15 of the amount specified in clause (i)(II) for a fiscal year

16 shall be distributed to local educational agencies located in

17 rural areas.

18 ‘‘(B)(i) A State educational agency shall distribute

19 funds under subparagraph (A)(i)(II) to no more than ten

20 percent of its local educational agencies, or five such agen21 cies, whichever is greater.

22 ‘‘(ii) In determining which local educational agencies

23 have the greatest need for additional funds, the State edu24 cational agency shall consider such factors as—
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1 ‘‘(I) high rates of alcohol or other drug use

2 among youth;

3 ‘‘(II) high rates of victimization of youth by vio4 lence and crime;

5 ‘‘(III) high rates of arrests and convictions of

6 youth for violent or drug- or alcohol-related crime;

7 ‘‘(IV) the extent of illegal gang activity;

8 ‘‘(V) high rates of referrals of youths to drug and

9 alcohol abuse treatment and rehabilitation programs;

10 ‘‘(VI) high rates of referrals of youths to juvenile

11 court;

12 ‘‘(VII) high rates of expulsions and suspensions

13 of students from schools; and

14 ‘‘(VIII) high rates of reported cases of child abuse

15 and domestic violence.

16 ‘‘(e) REALLOCATION OF FUNDS.—If a local edu17 cational agency chooses not to apply to receive the amount

18 allocated to it under subsection (d), or if its application

19 under section 5104 is disapproved by the State educational

20 agency, the State educational agency shall reallocate such

21 amount to one or more of the local education agencies deter22 mined by the State educational agency under subsection

23 (d)(2)(B) to have the greatest need for additional funds.

24 ‘‘(f) RETURN OF FUNDS TO STATE EDUCATIONAL

25 AGENCY; REALLOCATION.—(1) Except as provided in para-
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1 graph (2), upon the expiration of the 1-year period begin2 ning on the date that a local educational agency, intermedi3 ate educational agency, or consortium under this title re4 ceives its allocation under this title—

5 ‘‘(A) such agency or consortium shall return to

6 the State educational agency any funds from such al7 location that remain unobligated; and

8 ‘‘(B) the State educational agency shall reallo9 cate any such amount to local educational agencies,

10 intermediate educational agencies, or consortia that

11 have plans for using such amount for programs or ac12 tivities on a timely basis.

13 ‘‘(2) In any fiscal year, a local educational agency,

14 intermediate educational agency, or consortium may retain

15 for obligation in the succeeding fiscal year—

16 ‘‘(A) an amount equal to not more than 25 per17 cent of the allocation it receives under this title for

18 such fiscal year; or

19 ‘‘(B) upon a demonstration of good cause by

20 such agency or consortium, a greater amount ap21 proved by the State educational agency.

22 ‘‘SEC. 4104. LOCAL APPLICATIONS.

23 ‘‘(a) IN GENERAL.—(1) In order to be eligible to re24 ceive an allocation under section 5103(d) for any fiscal

25 year, a local educational agency shall submit, at such time
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1 as the State educational agency requires, an application to

2 the State educational agency for approval. Such an appli3 cation shall be amended, as necessary, to reflect changes in

4 the local educational agency’s program.

5 ‘‘(2)(A) A local educational agency shall develop its

6 application under subsection (a)(1) in consultation with a

7 local or substate regional advisory council that includes, to

8 the extent possible, representatives of local government,

9 business, parents, students, teachers, appropriate state

10 agencies, private schools, the medical profession, law en11 forcement, community-based organizations, and other

12 groups with interest and expertise in drug and violence

13 prevention.

14 ‘‘(B) In addition to assisting the local educational

15 agency to develop its application under this section, the ad16 visory council established or designated under paragraph

17 (2)(A) shall, on an on-going basis—

18 ‘‘(i) disseminate information about drug and vi19 olence prevention programs, projects, and activities

20 conducted within the boundaries of the local edu21 cational agency;

22 ‘‘(ii) advise the local educational agency on how

23 best to coordinate its activities under this part with

24 other related programs, projects, and activities, in-
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1 cluding community service and service learning

2 projects, and the agencies that administer them; and

3 ‘‘(iii) review program evaluations and other rel4 evant material and make recommendations to the

5 local educational agency on how to improve its drug

6 and violence prevention programs.

7 ‘‘(b) CONTENTS OF APPLICATIONS.—An application

8 under this section shall contain—

9 ‘‘(1) an assessment of the current use (and con10 sequences of such use) of alcohol, tobacco, and con11 trolled, illegal, addictive or harmful substances as well

12 as the violence, safety, and discipline problems among

13 students who attend the schools of the applicant (in14 cluding private school students who participate in the

15 applicant’s drug and violence prevention program)

16 that is based on ongoing local assessment or evalua17 tion activities;

18 ‘‘(2) a detailed explanation of the local edu19 cational agency’s comprehensive plan for drug and vi20 olence prevention, which shall include a description

21 of—

22 ‘‘(A) how that plan is consistent with, and

23 promotes the goals in, the State’s application

24 under section 5102 and the local educational

25 agency’s plan, either approved or being devel-
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1 oped, under title III of the Goals 2000: Educate

2 America Act, or, if the local educational agency

3 does not have such an approved plan and is not

4 developing one, its plan under section 1112 of

5 this Act;

6 ‘‘(B) the local educational agency’s measur7 able goals for drug and violence prevention, and

8 a description of how it will assess and publicly

9 report progress toward attaining these goals;

10 ‘‘(C) the local educational agency’s com11 prehensive plan for programs to be carried out

12 under this part;

13 ‘‘(D) how the local educational agency will

14 use its regular allocation under section

15 5103(d)(2)(A)(i)(I) and its supplemental alloca16 tion, if any, under section 5103(d)(2)(A)(i)(II);

17 ‘‘(E) how the local educational agency will

18 coordinate its programs and projects with com19 munity-wide efforts to achieve its goals for drug

20 and violence prevention; and

21 ‘‘(F) how the local education agency will co22 ordinate its programs and projects with other

23 Federal, State, and local programs for drug24 abuse prevention, including health programs;

25 and
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1 ‘‘(3) such other information and assurances as

2 the State educational agency may reasonably require.

3 ‘‘(c) REVIEW OF APPLICATION.—(1) In reviewing local

4 applications under this section, a State educational agency

5 shall use a peer review process or other methods of assuring

6 the quality of such applications.

7 ‘‘(2)(A) In determining whether to approve the appli8 cation of a local educational agency under this section, a

9 State educational agency shall consider the quality of the

10 local educational agency’s comprehensive plan under sub11 section (b)(2) and the extent to which it is consistent with,

12 and supports, the State’s application under section 5102

13 and the State’s plan under the Goals 2000: Educate Amer14 ica Act, and, if the State does not have such a plan, its

15 plan under section 1111 of this Act.

16 ‘‘(B) A State educational agency may disapprove a

17 local educational agency application under this section in

18 whole or in part and may withhold, limit, or place restric19 tions on the use of funds allotted to such a local educational

20 agency in a manner the State educational agency deter21 mines will best promote the purposes of this part or the

22 State’s plan under the Goals 2000: Educate America Act,

23 and, if the State does not have such a plan, its plan under

24 section 1111 of this Act, except that a local educational
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1 agency shall be afforded an opportunity to appeal any such

2 disapproval.

3 ‘‘SEC. 4105. LOCAL DRUG AND VIOLENCE PREVENTION PRO4 GRAMS.

5 ‘‘(a) PROGRAM REQUIREMENTS.—A local educational

6 agency shall use funds received under this part to adopt

7 and carry out a comprehensive drug and violence preven8 tion program which shall—

9 ‘‘(1) be designed, for all students and employees,

10 to—

11 ‘‘(A) prevent the use, possession, and dis12 tribution of tobacco, alcohol and illegal drugs by

13 students and to prevent the illegal use, posses14 sion, and distribution of such substances by em15 ployees;

16 ‘‘(B) prevent violence and promote school

17 safety; and

18 ‘‘(C) create a disciplined environment con19 ducive to learning;

20 ‘‘(2) include activities to promote the involve21 ment of parents and coordination with community

22 groups and agencies, including the distribution of in23 formation about the local educational agency’s needs

24 assessments, goals, and programs under this part; and
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1 ‘‘(3) include community-based prevention and

2 education activities in accordance with the require3 ments of subsection (c).

4 ‘‘(b) AUTHORIZED ACTIVITIES.—A comprehensive

5 drug and violence prevention program carried out under

6 this part may include—

7 ‘‘(1) age-appropriate, developmentally based

8 drug prevention and education programs for all stu9 dents, from the preschool level through grade 12, that

10 address the legal, social, personal and health con11 sequences of the use of illegal drugs, promote a sense

12 of individual responsibility, and provide information

13 about effective techniques for resisting peer pressure to

14 use illegal drugs;

15 ‘‘(2) programs of drug prevention, comprehensive

16 health education, early intervention, counseling,

17 mentoring, or rehabilitation referral, which emphasize

18 students’ sense of individual responsibility and which

19 may include—

20 ‘‘(A) the dissemination of information about

21 drug prevention;

22 ‘‘(B) the professional development of school

23 personnel, parents, students, law enforcement of24 ficials, judicial officials, health service providers

25 and community leaders in prevention, education,
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1 early intervention, counseling or rehabilitation

2 referral;

3 ‘‘(C) the implementation of strategies, in4 cluding strategies to integrate the delivery of

5 services from a variety of providers, to combat il6 legal alcohol and other drug use, such as—

7 ‘‘(i) family counseling;

8 ‘‘(ii) early intervention activities that

9 prevent family dysfunction, enhance school

10 performance, and boost attachment to school

11 and family; and

12 ‘‘(iii) activities, such as community

13 service and service-learning projects, that

14 are designed to increase students’ sense of

15 community;

16 ‘‘(3) age-appropriate, developmentally based vio17 lence prevention and education programs for all stu18 dents, from the preschool level through grade 12, that

19 address the legal, health, personal, and social con20 sequences of violent and disruptive behavior, includ21 ing sexual harassment, and that include activities de22 signed to help students develop a sense of individual

23 responsibility and respect for the rights of others, and

24 to resolve conflicts without violence;
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1 ‘‘(4) violence prevention programs for school-aged

2 youth, which emphasize students’ sense of individual

3 responsibility and may include—

4 ‘‘(A) the dissemination of information about

5 school safety and discipline;

6 ‘‘(B) the professional development of school

7 personnel, parents, students, law enforcement of8 ficials, judicial officials, and community leaders

9 in designing and implementing strategies to pre10 vent school violence;

11 ‘‘(C) the implementation of strategies, such

12 as conflict resolution and peer mediation and the

13 use of mentoring programs, to combat school vio14 lence and other forms of disruptive behavior,

15 such as sexual harassment; and

16 ‘‘(D) comprehensive, community-wide strat17 egies to prevent or reduce illegal gang activities;

18 ‘‘(5) subject to the requirements of the matter fol19 lowing paragraph (8), not more than one half of the

20 cost of—

21 ‘‘(A) minor remodeling to promote security

22 and reduce the risk of violence, such as removing

23 lockers, installing better lights, and upgrading

24 locks; and
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1 ‘‘(B) acquiring and installing metal detec2 tors and hiring security personnel;

3 ‘‘(6) the promotion of before-and-after school rec4 reational, instructional, cultural, and artistic pro5 grams in supervised community settings; and

6 ‘‘(7) drug abuse resistance education programs,

7 designed to teach students to recognize and resist

8 pressures to use alcohol or other drugs, which may in9 clude activities such as classroom instruction by uni10 formed law enforcement officers, resistance techniques,

11 resistance to peer pressure and gang pressure, and

12 provision for parental involvement;

13 ‘‘(8) the evaluation of any of the activities au14 thorized under this subsection.

15 A local educational agency may use no more than 33 per16 cent of the funds it receives under this part for any fiscal

17 year for the activities described in paragraph (5).

18 ‘‘(c) COMMUNITY-BASED PREVENTION ACTIVITIES.—

19 (1) A local educational agency shall expend not less than

20 21 percent of the funds received under this part on grants

21 or contracts with parent groups, community action and job

22 training agencies, community-based organizations, and

23 other public entities and private nonprofit organizations.

24 Such grants or contracts shall support community-based

25 drug abuse and violence prevention programs and activities
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1 described in paragraph (2). In awarding such grants or

2 contracts, the local educational agency shall give priority

3 to programs of demonstrated effectiveness and programs

4 which have previously received assistance under section

5 5122 of the Drug-Free Schools and Communities Act of

6 1986.

7 ‘‘(2) Grants and contracts under paragraph (1) shall

8 be used for programs and activities such as—

9 ‘‘(A) developing and implementing comprehen10 sive, community-based drug and violence prevention

11 programs that link community resources with schools

12 and integrate services involving education, vocational

13 and job skills training, community service and service

14 learning projects, law enforcement, health, mental

15 health, and other appropriate services;

16 ‘‘(B) planning and implementing drug and vio17 lence prevention activities that coordinate the efforts

18 of community-based agencies with those of the local

19 educational agency;

20 ‘‘(C) activities to protect students traveling to

21 and from school;

22 ‘‘(D) developing and implementing strategies to

23 prevent illegal gang activity;

24 ‘‘(E) coordinating and conducting community25 wide violence and safety assessments and surveys; and
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1 ‘‘(F) programs and activities which address the

2 needs of children and youth who are not normally

3 served by the local educational agency, including pre4 schoolers, dropouts, youth in juvenile detention facili5 ties, and runaways or homeless children and youth;

6 ‘‘(G) disseminating information about drug and

7 violence prevention;

8 ‘‘(H) training parents, law enforcement officials,

9 judicial officials, social service providers, health serv10 ice providers and community leaders about drug and

11 violence prevention, education, early intervention,

12 counseling, or rehabilitation referral; and

13 ‘‘(I) before-and-after school recreational, instruc14 tional, cultural, and artistic programs in supervised

15 community settings.

16 ‘‘(d) ADMINISTRATIVE PROVISIONS.—Notwithstanding

17 any other provisions of law, any funds expended prior to

18 July 1, 1995, under part B of the Drug-Free Schools and

19 Communities Act of 1986 (as in effect prior to enactment

20 of the Improving America’s Schools Act) for the support of

21 a comprehensive school health program shall be deemed to

22 have been authorized by part B of such Act.

23 ‘‘SEC. 4106. EVALUATION AND REPORTING.

24 ‘‘(a) NATIONAL IMPACT EVALUATION.—The Secretary,

25 in consultation with the Secretary of Health and Human
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1 Services, the Director of the Office of National Drug Control

2 Policy, and the Attorney General, shall conduct an inde3 pendent biennial evaluation of the national impact of pro4 grams under this part and submit a report of the findings

5 of such evaluation to the President and the Congress.

6 ‘‘(b) STATE REPORT.—(1) By October 1, 1997, and

7 every third year thereafter, the State educational agency

8 shall submit to the Secretary a report—

9 ‘‘(A) on the implementation and outcomes of

10 State programs under section 5103(b) and local pro11 grams under section 5103(d), as well as an assess12 ment of their effectiveness; and

13 ‘‘(B) on the State’s progress toward attaining its

14 goals for drug and violence prevention under section

15 5103(b)(1).

16 ‘‘(2) The report required by this subsection shall be—

17 ‘‘(A) in the form specified by the Secretary;

18 ‘‘(B) based on the State’s on-going evaluation ac19 tivities, and shall include data on the prevalence of

20 drug use and violence by youth in schools and com21 munities; and

22 ‘‘(C) made readily available to the public.

23 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each

24 local educational agency receiving funds under this subpart

25 shall submit to the State educational agency whatever infor-
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1 mation, and at whatever intervals, the State requires to

2 complete the State report required by subsection (b), includ3 ing information on the prevalence of drug use and violence

4 by youth in the schools and the community. Such informa5 tion shall be made readily available to the public.

6 ‘‘PART B—NATIONAL PROGRAMS

7 ‘‘SEC. 4201. FEDERAL ACTIVITIES.

8 ‘‘(a) PROGRAM AUTHORIZED.—From funds appro9 priated under section 5004(a)(2), the Secretary of Edu10 cation, in consultation with the Secretary of Health and

11 Human Services, the Director of the Office of National

12 Drug Control Policy, and the Attorney General, shall carry

13 out programs to prevent the illegal use of drugs and violence

14 among, and promote safety and discipline for, students at

15 all educational levels, preschool through postsecondary. The

16 Secretary shall carry out such programs directly, or

17 through grants, contracts, or cooperative agreements with

18 public and private organizations and individuals, or

19 through agreements with other Federal agencies, and shall

20 coordinate such programs with other appropriate Federal

21 activities. Such programs may include—

22 ‘‘(1) the development and demonstration of inno23 vative strategies for training school personnel, par24 ents, and members of the community, including the
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1 demonstration of model preservice training programs

2 for prospective school personnel;

3 ‘‘(2) demonstrations and rigorous evaluations of

4 innovative approaches to drug and violence preven5 tion that are carried out in cooperation with other

6 Federal agencies, including the Department of Health

7 and Human Services, the Department of Justice, the

8 Department of Housing and Urban Development, and

9 the Department of Labor;

10 ‘‘(3) the provision of information on drug abuse

11 education and prevention to the Secretary of Health

12 and Human Services for dissemination by the clear13 inghouse for alcohol and drug abuse information es14 tablished under section 509 of the Public Health

15 Service Act;

16 ‘‘(4) the development, dissemination, and imple17 mentation of model programs and strategies to pro18 mote the safety of students attending institutions of

19 higher education by preventing violent behavior and

20 the illegal use of alcohol and other drugs by such

21 students;

22 ‘‘(5) the development of curricula related to child

23 abuse prevention and education and the training of

24 personnel to teach child abuse education and preven25 tion to elementary and secondary school children;
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1 ‘‘(6) program evaluations that address issues not

2 addressed under section 5106(a);

3 ‘‘(7) direct services to schools and school systems

4 afflicted with especially severe drug and violence

5 problems;

6 ‘‘(8) activities in communities designated as

7 empowerment zones or enterprise communities that

8 will connect schools to community-wide efforts to re9 duce drug and violence problems;

10 ‘‘(9) developing and disseminating drug and vio11 lence prevention materials, including video-based

12 projects and model curricula;

13 ‘‘(10) developing and implementing a com14 prehensive violence prevention strategy for schools and

15 communities, that may include conflict resolution,

16 peer mediation, the teaching of law and legal con17 cepts, and other activities designed to stop violence;

18 ‘‘(11) the implementation of innovative activi19 ties, such as community service projects, designed to

20 rebuild safe and healthy neighborhoods and increase

21 students’ sense of individual responsibility.

22 ‘‘(12) other activities that meet unmet national

23 needs related to the purposes of this title; and

24 ‘‘(13) grants to noncommercial telecommuni25 cations entities for the production and distribution of
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1 national video-based projects that provide young peo2 ple with models for conflict resolution and responsible

3 decisionmaking.

4 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

5 review process in reviewing applications for funds under

6 this section.

7 ‘‘SEC. 4202. PROGRAMS FOR NATIVE HAWAIIANS.

8 ‘‘(a) GENERAL AUTHORITY.—From the funds reserved

9 pursuant to section 5101(a)(3), the Secretary shall make

10 grants to or enter into cooperative agreements or contracts

11 with organizations primarily serving and representing Na12 tive Hawaiians which are recognized by the Governor of

13 the State of Hawaii to plan, conduct, and administer pro14 grams, or portions thereof, which are authorized by and

15 consistent with the provisions of this for the benefit of

16 Native Hawaiians.

17 ‘‘(b) DEFINITION OF ‘NATIVE HAWAIIAN’.—For the

18 purposes of this section, the term ‘Native Hawaiian’ means

19 any individual any of whose ancestors were natives, prior

20 to 1778, of the area which now comprises the State of

21 Hawaii.

22 ‘‘PART C—GENERAL PROVISIONS

23 ‘‘SEC. 4301. DEFINITIONS.

24 ‘‘For the purposes of this title, the following terms have

25 the following meanings:
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1 ‘‘(1) The term ‘drug and violence prevention’

2 means—

3 ‘‘(A) with respect to drugs, prevention, early

4 intervention, rehabilitation referral, or education

5 related to the illegal use of alcohol, the use of to6 bacco and the use of controlled, illegal, addictive,

7 or harmful substances, including inhalants and

8 anabolic steroids; and

9 ‘‘(B) with respect to violence, the promotion

10 of school safety, such that students and school

11 personnel are free from violent and disruptive

12 acts, including sexual harassment, on school

13 premises, going to and from school, and at

14 school-sponsored activities, through the creation

15 and maintenance of a school environment that is

16 free of weapons and fosters individual respon17 sibility and respect for the rights of others.

18 ‘‘(2) The term ‘nonprofit’, as applied to a school,

19 agency, organization, or institution means a school,

20 agency, organization, or institution owned and oper21 ated by one or more nonprofit corporations or asso22 ciations, no part of the net earnings of which inures,

23 or may lawfully inure, to the benefit of any private

24 shareholder or individual.
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1 ‘‘(3) The term ‘school-aged population’ means the

2 population aged five through 17, inclusive, as deter3 mined by the Secretary on the basis of the most recent

4 satisfactory data available from the Department of

5 Commerce.

6 ‘‘(4) The term ‘school personnel’ includes teach7 ers, administrators, guidance counselors, social work8 ers, psychologists, nurses, librarians, and other sup9 port staff who are employed by a school or who per10 form services for the school on a contractual basis.

11 ‘‘SEC. 4302. MATERIALS.

12 ‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre13 vention programs supported under this title shall convey

14 a clear and consistent message that the illegal use of alcohol

15 and other drugs is wrong and harmful.

16 ‘‘(b) CURRICULUM.—The Secretary shall not prescribe

17 the use of specific curricula for programs supported under

18 this title, but may evaluate the effectiveness of such curric19 ula and other strategies in drug and violence prevention.

20 ‘‘SEC. 4303. PROHIBITED USES OF FUNDS.

21 ‘‘No funds under this title may be used for—

22 ‘‘(1) construction (except for minor remodeling

23 needed to accomplish the purposes of this title);

24 ‘‘(2) drug treatment or rehabilitation; and
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1 ‘‘(3) psychiatric, psychological, or other medical

2 treatment or rehabilitation, other than school-based

3 counseling for students or school personnel who are

4 victims or witnesses of school-related crime.

5 ‘‘SEC. 4304. CERTIFICATION OF DRUG AND ALCOHOL ABUSE

6 PREVENTION PROGRAMS.

7 ‘‘(a) IN GENERAL.—Notwithstanding any other provi8 sion of law other than section 432 of the General Education

9 Provisions Act and section 103(b) of the Department of

10 Education Organization Act, no local educational agency

11 shall be eligible to receive funds or any other form of finan12 cial assistance under any Federal program unless it cer13 tifies to the State educational agency that it has adopted

14 and has implemented a program to prevent the use of illicit

15 drugs and alcohol by students or employees that, at a mini16 mum, includes—

17 ‘‘(1) age-appropriate, developmentally based

18 drug and alcohol education and prevention programs

19 (which address the legal, social, and health con20 sequences of drug and alcohol use and which provide

21 information about effective techniques for resisting

22 peer pressure to use illicit drugs or alcohol) for stu23 dents in all grades of the schools operated or served

24 by the applicant, from early childhood level through

25 grade 12;
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1 ‘‘(2) conveying to students that the use of illicit

2 drugs and the unlawful possession and use of alcohol

3 is wrong and harmful;

4 ‘‘(3) standards of conduct that are applicable to

5 students and employees in all the applicant’s schools

6 and that clearly prohibit, at a minimum, the unlaw7 ful possession, use, or distribution of illicit drugs and

8 alcohol by students and employees on school premises

9 or as part of any of its activities;

10 ‘‘(4) a clear statement that sanctions (consistent

11 with local, State, and Federal law), up to and includ12 ing expulsion or termination of employment and re13 ferral for prosecution, will be imposed on students

14 and employees who violate the standards of conduct

15 required by paragraph (3) and a description of those

16 sanctions;

17 ‘‘(5) information about any available drug and

18 alcohol counseling and rehabilitation and re-entry

19 programs that are available to students and employ20 ees;

21 ‘‘(6) a requirement that parents, students, and

22 employees be given a copy of the standards of conduct

23 required by paragraph (3) and the statement of sanc24 tions required by paragraph (4);
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1 ‘‘(7) notifying parents, students, and employees

2 that compliance with the standards of conduct re3 quired by paragraph (3) is mandatory; and

4 ‘‘(8) a biennial review by the applicant of its

5 program to—

6 ‘‘(A) determine its effectiveness and imple7 ment changes to the program if they are needed;

8 and

9 ‘‘(B) ensure that the sanctions required by

10 paragraph (4) are consistently enforced.

11 ‘‘(b) DISSEMINATION OF INFORMATION.—Each local

12 educational agency that provides the certification required

13 by subsection (a) shall, upon request, make available to the

14 Secretary, the State educational agency, and to the public

15 full information about the elements of its program required

16 by subsection (a), including the results of its biennial

17 review.

18 ‘‘(c) CERTIFICATION TO SECRETARY.—Each State edu19 cational agency shall certify to the Secretary that it has

20 adopted and has implemented a program to prevent the use

21 of illicit drugs and the abuse of alcohol by its students and

22 employees that is consistent with the program required by

23 subsection (a) of this section. The State educational agency

24 shall, upon request, make available to the Secretary and
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1 to the public full information about the elements of its

2 program.

3 ‘‘(d) REGULATIONS.—(1) The Secretary shall publish

4 regulations to implement and enforce the provisions of this

5 section, including regulations that provide for—

6 ‘‘(A) the periodic review by State educational

7 agencies of a representative sample of programs re8 quired by subsection (a); and

9 ‘‘(B) a range of responses and sanctions for local

10 educational agencies that fail to implement their pro11 grams or to consistently enforce their sanctions, in12 cluding information and technical assistance, the de13 velopment of a compliance agreement, and the termi14 nation of any form of Federal financial assistance.

15 ‘‘(2) The sanctions required by subsection (a)(1)(4)

16 may include the completion of an appropriate rehabilita17 tion program.

18 ‘‘(e) APPEAL REGARDING TERMINATION OF ASSIST19 ANCE.—Upon a determination by the Secretary to termi20 nate financial assistance to any local educational agency

21 under this section, the agency may file an appeal with an

22 administrative law judge before the expiration of the 30-

23 day period beginning on the date such agency is notified

24 of the decision to terminate financial assistance under this

25 section. Such judge shall hold a hearing with respect to such
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1 termination of assistance before the expiration of the 45-

2 day period beginning on the date that such appeal is filed.

3 Such judge may extend such 45-day period upon a motion

4 by the agency concerned. The decision of the judge with re5 spect to such termination shall be considered to be a final

6 agency action.’’.

7 ‘‘TITLE V—MAGNET SCHOOLS

8 ASSISTANCE

9 ‘‘PART A—PROMOTING EQUITY

10 ‘‘SEC. 5101. FINDINGS.

11 ‘‘The Congress finds that—

12 ‘‘(1) magnet schools are a significant part of our

13 Nation’s effort to achieve voluntary desegregation in

14 its schools;

15 ‘‘(2) the use of magnet schools has increased dra16 matically since enactment of the magnet program,

17 with approximately 1.4 million students nationwide

18 now attending such schools, of which more than 60

19 percent of the students are nonwhite;

20 ‘‘(3) magnet schools offer a wide range of distinc21 tive programs that have served as models for school

22 improvement efforts;

23 ‘‘(4) in administering this program, the Federal

24 Government has learned that—
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1 ‘‘(A) where magnet programs are imple2 mented for only a portion of a school’s student

3 body, special efforts must be made to discourage

4 the isolation of magnet students from other stu5 dents in the school;

6 ‘‘(B) local educational agencies can maxi7 mize their effectiveness in achieving the purposes

8 of this program if they have more flexibility to

9 serve students attending a school who are not en10 rolled in the magnet school program;

11 ‘‘(C) local educational agencies must be cre12 ative in designing magnet schools for students at

13 all academic levels, so that school districts do not

14 skim off only the highest achieving students to

15 attend the magnet schools;

16 ‘‘(D) local educational agencies must seek to

17 enable participation in magnet school programs

18 by students who reside in the neighborhoods

19 where the programs are placed; and

20 ‘‘(E) in order to ensure that magnet schools

21 are sustained after Federal funding ends, the

22 Federal Government must assist local edu23 cational agencies to improve their capacity to

24 continue to operate magnet schools at a high

25 level of performance;
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1 ‘‘(5) it is in the best interest of the Federal

2 Government to—

3 ‘‘(A) continue its support of local edu4 cational agencies implementing court-ordered de5 segregation plans and local educational agencies

6 seeking to foster meaningful interaction among

7 students of different racial and ethnic back8 grounds beginning at the earliest stage of their

9 education;

10 ‘‘(B) ensure that all students have equitable

11 access to quality education that will prepare

12 them to function well in a culturally diverse,

13 technologically-oriented, and highly competitive

14 global community; and

15 ‘‘(C) maximize the ability of local edu16 cational agencies to plan, develop, implement

17 and continue new and innovative programs in

18 magnet schools that contribute to State and local

19 systemic reform.

20 ‘‘SEC. 5102. STATEMENT OF PURPOSE.

21 ‘‘The purpose of this part is to assist in the desegrega22 tion of local educational agencies by providing financial as23 sistance to eligible local educational agencies for—

24 ‘‘(1) the elimination, reduction, or prevention of

25 minority group isolation in elementary and second-
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1 ary schools with substantial proportions of minority

2 students;

3 ‘‘(2) the development and implementation of

4 magnet school projects that will assist local edu5 cational agencies in achieving systemic reforms and

6 providing all students the opportunity to meet chal7 lenging State performance standards;

8 ‘‘(3) the development and design of innovative

9 educational methods and practices; and

10 ‘‘(4) courses of instruction within magnet schools

11 that will substantially strengthen the knowledge of

12 academic subjects and the grasp of tangible and mar13 ketable vocational skills of students attending such

14 schools.

15 ‘‘SEC. 5103. PROGRAM AUTHORIZED.

16 ‘‘The Secretary is authorized, in accordance with this

17 part, to make grants to eligible local educational agencies

18 for use in magnet schools that are part of an approved de19 segregation plan and that are designed to bring students

20 from different social, economic, ethnic, and racial back21 grounds together.

22 ‘‘SEC. 5104. DEFINITION.

23 ‘‘For the purpose of this part, the term ‘magnet school’

24 means a school or education center that offers a special cur-
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1 riculum capable of attracting substantial numbers of stu2 dents of different racial backgrounds.

3 ‘‘SEC. 5105. ELIGIBILITY.

4 ‘‘A local educational agency is eligible to receive assist5 ance under this part if it—

6 ‘‘(1) is implementing a plan undertaken pursu7 ant to a final order issued by a court of the United

8 States, or a court of any State, or any other State

9 agency or official of competent jurisdiction, and that

10 requires the desegregation of minority-group-seg11 regated children or faculty in the elementary and sec12 ondary schools of such agency; or

13 ‘‘(2) without having been required to do so, has

14 adopted and is implementing, or will, if assistance is

15 made available to it under this part, adopt and im16 plement a plan that has been approved by the Sec17 retary as adequate under title VI of the Civil Rights

18 Act of 1964 for the desegregation of minority-group19 segregated children or faculty in such schools.

20 ‘‘SEC. 5106. APPLICATIONS AND REQUIREMENTS.

21 ‘‘(a) APPLICATIONS.—An eligible local educational

22 agency desiring to receive assistance under this part shall

23 submit an application to the Secretary at such time, in

24 such manner, and containing such information and assur25 ances as the Secretary may require.
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1 ‘‘(b) INFORMATION AND ASSURANCES.—An applica2 tion under this part shall include—

3 ‘‘(1) a description of—

4 ‘‘(A) how assistance made available under

5 this part will be used to promote desegregation,

6 including how the proposed magnet school project

7 will increase interaction among students of dif8 ferent social, economic, ethnic, and racial back9 grounds;

10 ‘‘(B) the manner and extent to which the

11 magnet school project will increase student

12 achievement in the instructional area or areas

13 offered by the school;

14 ‘‘(C) the manner in which an applicant will

15 continue the magnet school project after assist16 ance under this part is no longer available, in17 cluding, if applicable, an explanation of whether

18 successful magnet schools established or sup19 ported by the applicant with funds under this

20 part have been continued without the use of

21 funds under this part;

22 ‘‘(D) how funds under this part will be used

23 to implement services and activities that are con24 sistent with the State’s and local educational
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1 agency’s systemic reform plan, if any, under title

2 III of the Goals 2000: Educate America Act; and

3 ‘‘(E) the criteria to be used in selecting stu4 dents to attend the proposed magnet school

5 projects; and

6 ‘‘(2) assurances that the applicant will—

7 ‘‘(A) use funds under this part for the pur8 poses specified in section 5103;

9 ‘‘(B) employ teachers in the courses of in10 struction assisted under this part who are cer11 tified or licensed by the State to teach the subject

12 matter of the courses of instruction;

13 ‘‘(C) not engage in discrimination based on

14 race, religion, color, national origin, sex, or dis15 ability in—

16 ‘‘(i) the hiring, promotion, or assign17 ment of employees of the agency or other

18 personnel for whom the agency has any ad19 ministrative responsibility;

20 ‘‘(ii) the assignment of students to

21 schools, or to courses of instruction within

22 the school, of such agency, except to carry

23 out the approved plan; and

24 ‘‘(iii) designing or operating extra25 curricular activities for students;
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1 ‘‘(D) carry out a high-quality education

2 program that will encourage greater parental

3 decisionmaking and involvement; and

4 ‘‘(E) give students residing in the local at5 tendance area of the proposed magnet school

6 projects equitable consideration for places in

7 those projects.

8 ‘‘(c) SPECIAL RULE.—No application may be ap9 proved under this section unless the Assistant Secretary of

10 Education for Civil Rights determines that the assurances

11 described in subsection (b)(2)(C) will be met.

12 ‘‘SEC. 5107. PRIORITY.

13 ‘‘In approving applications under this part, the Sec14 retary shall give priority to applicants that—

15 ‘‘(1) have the greatest need for assistance, based

16 on the expense or difficulty of effectively carrying out

17 an approved desegragation plan and the projects for

18 which assistance is sought;

19 ‘‘(2) propose to carry out new magnet school

20 projects or significantly revise existing magnet school

21 projects;

22 ‘‘(3) propose to select students to attend magnet

23 school projects by methods such as lottery, rather than

24 through academic examination;
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1 ‘‘(4) propose to implement innovative edu2 cational approaches that are consistent with the

3 State’s and local educational agency’s approved sys4 temic reform plans, if any, under title III of the

5 Goals 2000: Educate America Act; and

6 ‘‘(5) propose to draw on comprehensive commu7 nity involvement plans.

8 ‘‘SEC. 5108. USE OF FUNDS.

9 ‘‘(a) USE OF FUNDS.—Grants made under this part

10 may be used by eligible local educational agencies—

11 ‘‘(1) for planning and promotional activities di12 rectly related to the development, expansion, continu13 ation, or enhancement of academic programs and

14 services offered at magnet schools;

15 ‘‘(2) for the acquisition of books, materials, and

16 equipment, including computers and the maintenance

17 and operation thereof, necessary for the conduct of

18 programs in magnet schools;

19 ‘‘(3) for the payment of, or subsidization of the

20 compensation of, elementary and secondary school

21 teachers who are certified or licensed by the State and

22 who are necessary to conduct programs in magnet

23 schools; and
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1 ‘‘(4) with respect to a magnet school program of2 fered to less than the entire student population of a

3 school, for instructional activities that—

4 ‘‘(A) are designed to make available the spe5 cial curriculum that is offered by the magnet

6 school project to students who are enrolled in the

7 school but who are not enrolled in the magnet

8 school program; and

9 ‘‘(B) further the purposes of this part.

10 ‘‘(b) SPECIAL RULE.—With respect to subsections (a)

11 (2) and (3), such grants may be used by eligible local edu12 cational agencies for such activities only if such activities

13 are directly related to improving the students’ reading skills

14 or their knowledge of mathematics, science, history, geog15 raphy, English, foreign languages, art, or music, or to im16 proving vocational skills.

17 ‘‘SEC. 5109. PROHIBITIONS.

18 ‘‘Grants under this part may not be used for transpor19 tation, or for any activity that does not augment academic

20 improvement.

21 ‘‘SEC. 5110. LIMITATION ON PAYMENTS.

22 ‘‘(a) DURATION OF AWARDS.—Awards made under

23 this part shall not exceed 3 years.

24 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu25 cational agency may expend for planning up to 50 percent
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1 of the funds received under this part for the first year of

2 the project, 15 percent for the second year of the project,

3 and up to 10 percent for the third year of the project.

4 ‘‘(c) LIMITATION ON GRANTS.—A local educational

5 agency shall not receive more than $4,000,000 under this

6 part in any one grant cycle.

7 ‘‘(d) AWARD REQUIREMENT.—To the extent prac8 ticable, for any fiscal year, the Secretary shall award grants

9 to local educational agencies under this part no later than

10 June 1 of the applicable fiscal year.

11 ‘‘SEC. 5111. AUTHORIZATION OF APPROPRIATIONS; RES12 ERVATION.

13 ‘‘(a) AUTHORIZATION.—For the purpose of carrying

14 out this part, there are authorized to be appropriated

15 $120,000,000 for fiscal year 1995 and such sums as may

16 be necessary for each of the fiscal years 1996, 1997, 1998,

17 and 1999.

18 ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGEN19 CIES NOT PREVIOUSLY ASSISTED.—In any fiscal year for

20 which the amount appropriated pursuant to subsection (a)

21 exceeds $75,000,000, the Secretary shall, with respect to

22 such excess amount, give priority to grants to local edu23 cational agencies that did not receive a grant under this

24 part in the last fiscal year of the funding cycle prior to

25 the fiscal year for which the determination is made.
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1 ‘‘(c) EVALUATIONS.—The Secretary may reserve not

2 more than 2 percent of the funds appropriated under sub3 section (a) for any fiscal year to carry out evaluations of

4 projects under this part.

5 ‘‘PART B—EQUALIZATION ASSISTANCE

6 ‘‘SEC. 5201. TECHNICAL AND OTHER ASSISTANCE FOR

7 SCHOOL FINANCE.

8 ‘‘(a) TECHNICAL ASSISTANCE.—(1) The Secretary is

9 authorized to make grants to, and enter into contracts and

10 cooperative agreements with, State educational agencies

11 and other public and private agencies, institutions, and or12 ganizations to provide technical assistance to State and

13 local educational agencies to assist them in achieving a

14 greater degree of equity in the distribution of financial re15 sources for education among local educational agencies in

16 the State.

17 ‘‘(2) A grant or contract under this section may sup18 port technical assistance activities, such as—

19 ‘‘(A) the establishment and operation of a center

20 or centers for the provision of technical assistance to

21 State and local educational agencies;

22 ‘‘(B) the convening of conferences on equalization

23 of resources within local educational agencies, within

24 States, and among States; and
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1 ‘‘(C) obtaining advice from experts in the field of

2 school finance equalization.

3 ‘‘(b) RESEARCH.—(1) The Secretary is authorized to

4 carry out applied research and analysis designed to further

5 knowledge and understanding of methods to achieve greater

6 equity in the distribution of financial resources among local

7 educational agencies.

8 ‘‘(2) The Secretary may carry out research under this

9 subsection directly or through grants to, or contracts or co10 operative agreements with, any public or private organiza11 tion.

12 ‘‘(3) In carrying out this section, the Secretary is

13 authorized to—

14 ‘‘(A) support research on the equity of existing

15 State school funding systems;

16 ‘‘(B) train individuals in such research;

17 ‘‘(C) promote the coordination of such research;

18 ‘‘(D) collect and analyze data related to school

19 finance equity in the United States and other na20 tions; and

21 ‘‘(E) report periodically on the progress of States

22 in achieving school finance equity.

23 ‘‘(4) The Secretary shall coordinate activities under

24 this subsection with activities carried out by the Office of

25 Educational Research and Improvement.
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1 ‘‘(5) Each State educational agency or local edu2 cational agency receiving assistance under this Act shall

3 provide such data and information on school finance as the

4 Secretary may require to carry out the purposes of this

5 section.

6 ‘‘(c) MODELS.—The Secretary is authorized, directly

7 or through grants, contracts, or cooperative agreements, to

8 develop and disseminate models and materials useful to

9 States in planning and implementing revisions of their

10 school finance systems.

11 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—For the

12 purpose of carrying out this part, there are authorized to

13 be appropriated $8,000,000 for fiscal year 1995 and such

14 sums as may be necessary for each of the fiscal years 1996,

15 1997, 1998, and 1999.

16 ‘‘PART C—WOMEN’S EDUCATIONAL EQUITY ACT

17 ‘‘SEC. 5301. FINDINGS AND STATEMENT OF PURPOSE.

18 ‘‘(a) FINDINGS.—The Congress finds and declares

19 that—

20 ‘‘(1) educational programs in the United States

21 are frequently inequitable as such programs relate to

22 women and girls;

23 ‘‘(2) such inequities limit the full participation

24 of all individuals in American society; and
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1 ‘‘(3) efforts to improve the quality of public edu2 cation also must include efforts to ensure equal access

3 to quality education programs for all women and

4 girls.

5 ‘‘(b) PURPOSE.—The purpose of this part is to provide

6 gender equity in education in the United States; to provide

7 financial assistance to enable educational agencies and in8 stitutions to meet the requirements of title IX of the Edu9 cational Amendments of 1972; and to provide equity in

10 education to women and girls who suffer multiple forms of

11 discrimination based on sex, race, ethnic origin, limited

12 English proficiency, disability, or age.

13 ‘‘SEC. 5302. PROGRAMS AUTHORIZED.

14 ‘‘The Special Assistant of the Office of Women’s Equity

15 is authorized—

16 ‘‘(1) to promote, coordinate and evaluate gender

17 equity policies, programs, activities and initiatives in

18 all federal education program and offices;

19 ‘‘(2) to develop, maintain, and disseminate ma20 terials, resources, analyses and research relating to

21 education equity for women and girls;

22 ‘‘(3) to provide information and technical assist23 ance to assure the effective implementation of gender

24 equity programs;
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1 ‘‘(4) coordinate gender equity programs and ac2 tivities with other federal agencies with jurisdiction

3 over education and related programs;

4 ‘‘(5) to provide grants to develop model equity

5 programs;

6 ‘‘(6) to provide funds for the implementation of

7 equity programs in schools throughout the Nation;

8 ‘‘(7) to assist the Assistant Secretary of the Of9 fice of Educational Research and Improvement in

10 identifying research priorities related to education eq11 uity for women and girls; and

12 ‘‘(8) any other activities consistent with achiev13 ing the purposes of this part.

14 ‘‘SEC. 5303. LOCAL IMPLEMENTATION GRANTS.

15 ‘‘(a) AUTHORITY.—The Secretary is authorized to

16 make grants to, and enter into contracts with, public agen17 cies, private nonprofit agencies, organizations, and institu18 tions, including students and community groups, for activi19 ties designed to achieve the purposes of this part at all levels

20 of education, including preschool, elementary and second21 ary education, higher education, adult education and voca22 tional/technical education; for the establishment and oper23 ation, for a period not to exceed four years, of local pro24 grams to ensure—

25 ‘‘(1) educational equity for women and girls
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1 ‘‘(2) equal opportunities for both sexes

2 ‘‘(3) to conduct activities incident to achieving

3 compliance with title IX of the Education Amend4 ments of 1972; and

5 ‘‘(b) GRANT PROGRAM.—Authorized activities under

6 subsection (a) may include—

7 ‘‘(1) introduction into the curriculum and class8 room of curricula, textbooks, and other material de9 signed to achieve equity for women and girls;

10 ‘‘(2) implementation of preservice and inservice

11 training with special emphasis on programs and ac12 tivities designed to provide educational equity for

13 women and girls;

14 ‘‘(3) evaluation of promising or exemplary model

15 programs to assess their ability to improve local ef16 forts to advance educational equity for women and

17 girls;

18 (4) implementation of programs and policies to

19 address sexual harassment and violence against

20 women and girls and to ensure that educational insti21 tutions are free from threats to the safety of students

22 and personnel;

23 ‘‘(5) implementation of guidance and counseling

24 activities, including career education program, de-
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1 signed to ensure educational equity for women and

2 girls;

3 ‘‘(6) implementation of nondiscriminatory tests

4 of aptitude and achievement and of alternative assess5 ments that eliminate biased assessment instruments

6 from use;

7 ‘‘(7) implementation of programs to increase

8 educational opportunities, including higher education,

9 vocational training, and other educational programs

10 for low income women; including underemployed and

11 unemployed women and women receiving Aid to

12 Families with Dependent Children benefits;

13 ‘‘(8) implementation of programs to improve

14 representation of women in educational administra15 tion at all levels; and

16 ‘‘(9) planning, development and initial imple17 mentation of:

18 ‘‘(A) comprehensive plans for implementa19 tion of equity programs in state and local edu20 cational agencies and institutions of higher edu21 cation; including community colleges;

22 ‘‘(B) innovative approaches to school-com23 munity partnerships for educational equity;

24 ‘‘(C) innovative approaches to equity pro25 grams addressing combined bias, stereotyping,
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1 and discrimination on the basis of sex and race,

2 ethnic origin, limited English proficiency, and

3 disability.

4 ‘‘(c) APPLICATION; PARTICIPATION.—A grant may be

5 made, and a contract may be entered into, under this part

6 only upon application to the Secretary, at such time, in

7 such form, and containing or accompanied by such infor8 mation as the Secretary may prescribe. Each such applica9 tion shall—

10 ‘‘(1) provide that the program or activity for

11 which assistance is sought will be administered by or

12 under the supervision of the applicant and in co13 operation with appropriate educational and commu14 nity leaders, including parent, teacher and student

15 organizations, educational institutions, business lead16 ers, community-based organizations serving women,

17 and other significant groups and individuals;

18 ‘‘(2) describe a program for carrying out the

19 purpose set forth in Section 5303(b) which holds

20 promise of making substantial contribution toward

21 attaining such purposes;

22 ‘‘(3) describe plans for continuation and institu23 tionalization of the program with local support fol24 lowing completion of the grant period and termi25 nation of Federal support under this part; and
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1 ‘‘(4) establish policies and procedures which en2 sure adequate documentation and evaluation of the

3 activities intended to be carried out under the appli4 cation.

5 ‘‘(d) CRITERIA; PRIORITIES; CATEGORIES OF COM6 PETITION.—The Secretary shall establish criteria, prior7 ities, and categories of competition for awards under this

8 part to ensure that available funds are used for those pur9 poses that most effectively will achieve the purposes of the

10 Act.

11 ‘‘(1) The criteria shall address the extent to

12 which—

13 ‘‘(A) the program addresses the needs of

14 women and girls of color and women and girls

15 with disabilities;

16 ‘‘(B) the program meets locally defined and

17 documented educational equity needs and prior18 ities, including title IX compliance;

19 ‘‘(C) the program is a significant compo20 nent of a comprehensive plan for educational eq21 uity and title IX compliance in the particular

22 school district, institution of higher education,

23 vocational-technical institution, or other edu24 cational agency or institution; and
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1 ‘‘(D) the program implements an institu2 tional change strategy with long-term impact

3 and will continue as a central activity of the ap4 plicant agency or institution after the grant is

5 completed.

6 ‘‘(2) The Secretary shall establish no more than

7 four priorities, one of which shall be a priority for

8 compliance with title IX of the Education Amend9 ments of 1972. Not more than 60 percent of funds

10 available in each fiscal year shall be allocated to pro11 grams under the four priorities.

12 ‘‘(3) The Secretary shall establish 3 categories of

13 competition, distinguishing among three types of ap14 plicants and levels of education that shall include—

15 ‘‘(A) grants to local educational agencies,

16 state education agencies, and other agencies and

17 organizations providing elementary and second18 ary education;

19 ‘‘(B) grants to institutions of higher edu20 cation, including community colleges and other

21 agencies and organizations providing postsecond22 ary education, including vocational-technical

23 education, adult education, and other programs;

24 and
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1 ‘‘(C) grants to non-profit organizations, in2 cluding community-based organizations, groups

3 representing students, parents, and women, in4 cluding women and girls of color and women

5 and girls with disabilities.

6 ‘‘(e) REQUIREMENT.—Not less than 25 percent of funds

7 used to support activities covered by subsection (b) shall be

8 used for awards under each category of competition in each

9 fiscal year.

10 ‘‘(f) SPECIAL RULE.—The Secretary shall ensure that

11 the total of grants awarded each year address—

12 ‘‘(1) all levels of education, including preschool,

13 elementary and secondary education, higher edu14 cation, vocational education, and adult education;

15 ‘‘(2) all regions of the United States, including

16 at least one grant in each of the ten Federal regions;

17 and

18 ‘‘(3) urban, rural, and suburban educational in19 stitutions.

20 ‘‘SEC. 5304. RESEARCH AND DEVELOPMENT GRANTS.

21 ‘‘(a) AUTHORITY.—The Secretary is authorized to

22 make grants to, and enter into contracts with, public agen23 cies, private nonprofit agencies, organizations, and institu24 tions, including students, and community groups, for ac25 tivities designed to achieve the purpose of this part at all
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1 levels of education, including preschool, elementary and sec2 ondary education, higher education, adult education and

3 vocational-technical education; to develop model policies

4 and programs, and to conduct research to address and en5 sure educational equities for women and girls, including

6 but not limited to—

7 ‘‘(1) the development and evaluation of gender8 equitable curricula, textbooks, software, and other

9 educational material and technology;

10 ‘‘(2) the development of model preservice and in11 service training programs for educational personnel

12 with special emphasis on programs and activities de13 signed to provide educational equity;

14 ‘‘(3) the development of guidance and counseling

15 activities, including career education programs, de16 signed to ensure gender equity;

17 ‘‘(4) the development and evaluation of non18 discriminatory assessment systems;

19 ‘‘(5) the development of policies and programs to

20 address and prevent sexual harassment and violence

21 to ensure that educational institutions are free from

22 threats to safety of students and personnel;

23 ‘‘(6) the development and improvement of pro24 grams and activities to increase opportunity for

25 women, including continuing educational activities,
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1 vocational education, and programs for low income

2 women; including underemployed and unemployed

3 women, and women receiving Aid to Families with

4 Dependent Children.

5 ‘‘(7) the development of instruments and strate6 gies for program evaluation and dissemination of

7 promising or exemplary programs designed to im8 prove local efforts to achieve gender equity;

9 ‘‘(8) the development of instruments and proce10 dures to assess the presence or absence of gender

11 equity in educational settings;

12 ‘‘(9) the development and evaluation of various

13 strategies to institutionalize gender equity in edu14 cation.

15 ‘‘(b) APPLICATION.—A grant may be made, and a con16 tract may be entered into, under this part only upon appli17 cation to the Secretary, at such time, in such form, and

18 containing or accompanied by such information as the Sec19 retary may prescribe. Each such application shall—

20 ‘‘(1) provide that the program or activity for

21 which assistance is sought will be administered by or

22 under the supervision of the applicant;

23 ‘‘(2) describe a plan for carrying out 1 or more

24 research and development activities authorized in

25 paragraph (a) above, which holds promise of making
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1 a substantial contribution toward attaining the pur2 poses of this act; and

3 ‘‘(3) set forth policies and procedures which in4 sure adequate documentation, data collection, and

5 evaluation of the activities intended to be carried out

6 under the application, including an evaluation or es7 timate of the potential for continued significance fol8 lowing completion of the grant period.

9 ‘‘(c) CRITERIA AND PRIORITIES.—(1) The Secretary

10 shall establish criteria and priorities to ensure that avail11 able funds are used for programs that most effectively will

12 achieve the purposes of this part.

13 ‘‘(2) The criteria and priorities shall be promulgated

14 in accordance with section 431 of the General Education

15 Provisions Act.

16 ‘‘(3) In establishing priorities the Secretary shall es17 tablish no more than 4 priorities, 1 of which shall be pro18 grams which address the educational needs of women and

19 girls who suffer multiple or compound discrimination based

20 on sex and on race, ethnic origin, disability, or age.

21 ‘‘(d) SPECIAL RULE.—The Secretary shall ensure that

22 the total of grants awarded each year address—

23 ‘‘(1) all levels of education, including preschool,

24 elementary and secondary education, higher edu25 cation, vocational education, and adult education;
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1 ‘‘(2) all regions of the United States;

2 ‘‘(d) COORDINATION.—Research activities supported

3 under this part—

4 ‘‘(1) shall be carried out in consultation with the

5 Office of Educational Research and Improvement to

6 ensure that such activities are coordinated with and

7 enhance the research and development activities sup8 ported by the Office; and

9 ‘‘(2) may include collaborative research activities

10 which are jointly funded and carried out by the Office

11 of Women’s Equity and the Office of Educational Re12 search and Improvement.

13 ‘‘(f) LIMITATION.—Nothing in this part shall be con14 strued as prohibiting men and boys from participating in

15 any programs or activities assisted under this part.

16 ‘‘SEC. 5305. AUTHORIZATION OF APPROPRIATIONS.

17 ‘‘There are authorized to be appropriated—

18 ‘‘(1) for the purpose of carrying out the provi19 sions of section 5303, there are authorized to be ap20 propriated $3,000,000 for fiscal year 1995 and such

21 sums as may be necessary for each of the fiscal years

22 1996, 1997, 1998, and 1999; and

23 ‘‘(2) for the purpose of carrying out the provi24 sions of section 5304, there are authorized to be ap25 propriated $2,000,000 for fiscal year 1995 and such
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1 sums as may be necessary for each of the fiscal years

2 1996, 1997, 1998, and 1999.

3 ‘‘TITLE VI—INDIAN EDUCATION

4 ‘‘SEC. 6001. FINDINGS.

5 ‘‘The Congress finds that—

6 ‘‘(1) the Federal Government has a special re7 sponsibility to ensure that educational programs for

8 all American Indian and Alaska Native children and

9 adults—

10 ‘‘(A) are based on high-quality, internation11 ally competitive content and student perform12 ance standards and build on Indian culture and

13 the Indian community;

14 ‘‘(B) assist local educational agencies, In15 dian tribes, and others in providing Indian stu16 dents the opportunity to achieve those standards;

17 and

18 ‘‘(C) meet the special educational and cul19 turally related academic needs of American In20 dian and Alaska Native students;

21 ‘‘(2) since enactment of the original Indian Edu22 cation Act in 1972, Indian parents have become sig23 nificantly more involved in the planning, develop24 ment, and implementation of educational programs
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1 that affect them and their children, and schools should

2 continue to foster such involvement;

3 ‘‘(3) although the numbers of Indian teachers,

4 administrators, and university professors have in5 creased since 1972, teacher training programs are not

6 recruiting, training, or retraining sufficient numbers

7 of Indian persons as educators to meet the needs of

8 a growing Indian student population in elementary,

9 secondary, vocational, adult, and higher education;

10 ‘‘(4) the dropout rate for Indian students is un11 acceptably high; for example, nine percent of Indian

12 students who were eighth graders in 1988 had already

13 dropped out of school by 1990;

14 ‘‘(5) from 1980 to 1990, the percentage of Indian

15 persons living in poverty increased from 24 percent

16 to 31 percent, and the readiness of Indian children to

17 learn is hampered by the high incidence of poverty,

18 unemployment, and health problems among Indian

19 children and families; and

20 ‘‘(6) research related specifically to the education

21 of Indian children and adults is very limited, and

22 much of it is poor in quality or focused on limited

23 local or regional issues.
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1 ‘‘SEC. 6002. PURPOSE.

2 ‘‘(a) PURPOSE.—It is the purpose of this title to sup3 port the efforts of local educational agencies, Indian tribes

4 and organizations, postsecondary institutions, and other

5 entities to meet the special educational and culturally relat6 ed academic needs of American Indians and Alaska Na7 tives, so that they can achieve to the same challenging State

8 performance standards expected of all students.

9 ‘‘(b) PROGRAMS AUTHORIZED.—This title carries out

10 the purpose described in subsection (a) by authorizing pro11 grams of direct assistance for—

12 ‘‘(1) meeting the special educational and cul13 turally related academic needs of American Indians

14 and Alaska Natives;

15 ‘‘(2) the education of Indian children and adults;

16 ‘‘(3) the training of Indian persons as educators

17 and counselors, and in other professions serving In18 dian people; and

19 ‘‘(4) research, evaluation, data collection, and

20 technical assistance.

21 ‘‘PART A—FORMULA GRANTS TO LOCAL

22 EDUCATIONAL AGENCIES

23 ‘‘SEC. 6101. PURPOSE.

24 ‘‘It is the purpose of this part to support local edu25 cational agencies in their efforts to reform elementary and
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1 secondary school programs that serve Indian students in

2 order to ensure that such programs—

3 ‘‘(1) are based on challenging State content and

4 student performance standards that are used for all

5 students; and

6 ‘‘(2) are designed to assist Indian students meet

7 those standards and assist the Nation in reaching the

8 National Education Goals.

9 ‘‘SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

10 ‘‘A local educational agency is eligible for a grant

11 under this part for any fiscal year if the number of Indian

12 children who were enrolled in the schools of the agency, and

13 to whom the agency provided free public education, during

14 the preceding fiscal year—

15 ‘‘(1) was at least 20; or

16 ‘‘(2) constituted not less than 25 percent of the

17 agency’s total enrollment.

18 ‘‘SEC. 6103. AMOUNT OF GRANTS.

19 ‘‘(a) AMOUNT OF GRANTS.—(1) The Secretary is au20 thorized to allocate to each local educational agency which

21 has an approved application under this part an amount

22 equal to the product of—

23 ‘‘(A) the number of Indian children described in

24 section 6106; and

25 ‘‘(B) the greater of—
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1 ‘‘(i) the average per-pupil expenditure of the

2 State in which the agency is located; or

3 ‘‘(ii) 80 percent of the average per-pupil ex4 penditure in the United States.

5 ‘‘(2) The Secretary shall reduce the amount of each al6 location determined under paragraph (1) in accordance

7 with subsection (e) of this section.

8 ‘‘(b) MINIMUM GRANT AMOUNT.—The Secretary shall

9 not make a grant to a local educational agency if the

10 amount determined under subsection (a) is less than $4,000,

11 except that the Secretary may make a grant to a consortium

12 of local educational agencies, one or more of which does not

13 qualify for such a minimum award, if—

14 ‘‘(1) the total amount so determined for such

15 agencies is not less than $4,000;

16 ‘‘(2) such agencies, in the aggregate, meet the eli17 gibility requirement of either section 6102(1) or

18 6102(2); and

19 ‘‘(3) the Secretary determines that such a grant

20 would be effectively used to carry out the purpose of

21 this part.

22 ‘‘(c) DEFINITION.—For the purpose of this section, the

23 average per-pupil expenditure of a State is determined by

24 dividing—
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1 ‘‘(1) the aggregate current expenditures of all the

2 local educational agencies in the State, plus any di3 rect current expenditures by the State for the oper4 ation of such agencies, without regard to the sources

5 of funds from which such local or State expenditures

6 were made, during the second fiscal year preceding

7 the fiscal year for which the computation is made; by

8 ‘‘(2) the aggregate number of children who were

9 in average daily attendance for whom such agencies

10 provided free public education during such preceding

11 fiscal year.

12 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE BU13 REAU OF INDIAN AFFAIRS.—(1) In addition to the grants

14 determined under subsection (a), the Secretary shall allocate

15 to the Secretary of the Interior an amount equal to the

16 product of—

17 ‘‘(A) the total number of Indian children en18 rolled in schools that are operated by—

19 ‘‘(i) the Bureau of Indian Affairs; or

20 ‘‘(ii) an Indian tribe, or an organization

21 controlled or sanctioned by an Indian tribal gov22 ernment, for the children of that tribe under a

23 contract with, or grant from, the Department of

24 the Interior under the Indian Self-Determination

25 Act (25 U.S.C. 450f et seq.) or the Tribally Con-
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1 trolled Schools Act of 1988 (25 U.S.C. 2501 et

2 seq.); and

3 ‘‘(B) the greater of—

4 ‘‘(i) the average per-pupil expenditure of the

5 State in which the school is located; or

6 ‘‘(ii) 80 percent of the average per-pupil ex7 penditure in the United States.

8 ‘‘(2) The Secretary shall transfer the amount deter9 mined under paragraph (1), reduced as may be necessary

10 under subsection (e), to the Secretary of the Interior in ac11 cordance with, and subject to, section 9205 of this Act.

12 ‘‘(e) RATABLE REDUCTIONS.—If the sums appro13 priated for any fiscal year under section 6602(a) are insuf14 ficient to pay in full the amounts determined for local edu15 cational agencies under subsection (a)(1) and for the Sec16 retary of the Interior under subsection (d), each of those

17 amounts shall be ratably reduced.

18 ‘‘SEC. 6104. APPLICATIONS.

19 ‘‘(a) GENERAL.—Any local educational agency that

20 desires to receive a grant under this part shall submit an

21 application to the Secretary at such time, in such manner,

22 and containing such information as the Secretary may rea23 sonably require.

24 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each

25 such application shall include a comprehensive program for
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1 meeting the needs of Indian children in the local edu2 cational agency, including their language and cultural

3 needs, that—

4 ‘‘(1) provides programs and activities to meet the

5 culturally related academic needs of American Indian

6 and Alaska Native students,

7 ‘‘(2)(A) is consistent with, and promotes the

8 goals in, the State and local plans, either approved

9 or being developed, under title III of the Goals 2000:

10 Educate America Act or, if such plans are not ap11 proved or being developed, with the State and local

12 plans under sections 1111 and 1112 of this Act; and

13 ‘‘(B) includes academic content and student per14 formance goals for such children, and benchmarks for

15 attaining them, that are based on the challenging

16 State standards adopted under title III of the Goals

17 2000: Educate America Act or under title I of this

18 Act for all children;

19 ‘‘(3) explains how Federal, State, and local pro20 grams, especially under title I of this Act, will meet

21 the needs of such students;

22 ‘‘(4) demonstrates how funds under this part will

23 be used for activities authorized by section 6105;

24 ‘‘(5) describes the professional development to be

25 provided, as needed, to ensure that—
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1 ‘‘(A) teachers and other school professionals

2 who are new to the Indian community are pre3 pared to work with Indian children; and

4 ‘‘(B) all teachers who will be involved in the

5 project have been properly trained to carry it

6 out; and

7 ‘‘(6) describes how the agency—

8 ‘‘(A) will periodically assess the progress of

9 all Indian children in its schools, including In10 dian children who do not participate in pro11 grams under this part, in meeting the goals de12 scribed in paragraph (2);

13 ‘‘(B) will provide the results of that assess14 ment to the parent committee described in sub15 section (c)(6) and to the community served by

16 the agency; and

17 ‘‘(C) is responding to findings of any pre18 vious such assessments.

19 ‘‘(c) ASSURANCES.—Each such application shall also

20 include assurances that—

21 ‘‘(1) the local educational agency will use funds

22 received under this part only to supplement the level

23 of funds that, in the absence of such Federal funds,

24 the agency would make available for the education of

25 Indian children, and not to supplant such funds;
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1 ‘‘(2) the local educational agency will submit

2 such reports to the Secretary, in such form and con3 taining such information, as the Secretary may re4 quire to—

5 ‘‘(A) carry out the Secretary’s functions

6 under this part; and

7 ‘‘(B) determine the extent to which funds

8 provided under this part have been effective in

9 improving the educational achievement of Indian

10 students in the local educational agency;

11 ‘‘(3) the program for which assistance is sought

12 has been based upon a local assessment and

13 prioritization of the special educational and cul14 turally related academic needs of the American In15 dian and Alaska Native students for which the local

16 educational agency is providing an education;

17 ‘‘(4) the program for which assistance is sought

18 will use the best available talents and resources, in19 cluding persons from the Indian community;

20 ‘‘(5) the local educational agency has developed

21 the program in open consultation with parents of In22 dian children, teachers, and, where appropriate, sec23 ondary school Indian students, including holding

24 public hearings at which such persons have had a full
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1 opportunity to understand the program and to offer

2 recommendations regarding such program;

3 ‘‘(6) the local educational agency has developed

4 the program with the participation and written ap5 proval of a committee—

6 ‘‘(A) that is composed of, and selected by,

7 parents of Indian children in the local edu8 cational agency’s schools, teachers, and, where

9 appropriate, secondary school Indian students

10 and of which at least half the members are such

11 parent;

12 ‘‘(B) that sets forth such policies and proce13 dures, including policies and procedures relating

14 to the hiring of personnel, as will ensure that the

15 program for which assistance is sought will be

16 operated and evaluated in consultation with, and

17 with the involvement of, parents of the children

18 and representatives of the area to be served; and

19 ‘‘(C) that, in the case of an application

20 which includes a schoolwide project (as specified

21 in section 6105(c) of this part) finds that such

22 project will not diminish the availability of cul23 turally related activities for American Indians

24 and Alaskan Native students; and
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1 ‘‘(D) that adopts and abides by reasonable

2 bylaws for the conduct of the activities of the

3 committee.

4 ‘‘(d) STATE EDUCATIONAL AGENCY REVIEW.—(1) Be5 fore submitting its application to the Secretary, the local

6 educational agency shall obtain comments on the applica7 tion from the State educational agency.

8 ‘‘(2) The local educational agency shall send the State

9 educational agency’s comments to the Secretary with its ap10 plication.

11 ‘‘SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.

12 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu13 cational agency that receives a grant under this part shall

14 use the grant funds for services and activities, consistent

15 with the purpose of this part, that—

16 ‘‘(1) are designed to carry out its comprehensive

17 plan for Indian students, described in its application

18 under section 6104(b);

19 ‘‘(2) are designed with special regard for the lan20 guage and cultural needs of those students; and

21 ‘‘(3) supplement and enrich the regular school

22 program.

23 ‘‘(b) PARTICULAR ACTIVITIES.—Such services and ac24 tivities include—
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1 ‘‘(1) culturally related activities which support

2 the program set out in the application, as required in

3 section 6104;

4 ‘‘(2) early childhood and family programs that

5 emphasize school readiness;

6 ‘‘(3) enrichment programs that focus on problem7 solving and cognitive skills development and that di8 rectly support the attainment of challenging State

9 content and student performance standards;

10 ‘‘(4) integrated educational services in combina11 tion with other programs meeting similar needs;

12 ‘‘(5) school-to-work transition activities to enable

13 Indian students to participate in programs such as

14 those supported by the School-to-Work Opportunities

15 Act of 1993 and the Carl D. Perkins Vocational and

16 Applied Technology Education Act, including tech17 prep, mentoring, and apprenticeship programs;

18 ‘‘(6) prevention of, and education about, sub19 stance abuse; and

20 ‘‘(7) acquisition of equipment, but only if such

21 acquisition is essential to meet the purpose of this

22 part.

23 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any

24 other provision of this part, a local educational agency may

25 use funds it receives under this part to support a schoolwide
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1 program under section 1114 of title I of this Act, in accord2 ance with such section, if the Secretary determines that the

3 local educational agency has made adequate provision for

4 the participation of Indian children in such project and

5 the involvement of Indian parents in the formulation of

6 such project.

7 ‘‘SEC. 6106. STUDENT ELIGIBILITY FORMS.

8 ‘‘(a) The Secretary shall require that each application

9 for a grant under this subpart for each fiscal year be sup10 ported by a form, maintained in the files of the applicant,

11 for each eligible Indian child for whom the local educational

12 agency is providing free public education that sets forth in13 formation establishing the status of the child as an eligible

14 Indian child.

15 ‘‘(b) The Secretary shall request on the form required

16 under subsection (a) at least the following information:

17 ‘‘(1) either—

18 ‘‘(A) the name of the tribe, band, or other

19 organized group of Indians with which the child

20 claims membership, along with the enrollment

21 number establishing membership (if readily

22 available), and the name and address of the or23 ganization which has updated and accurate

24 membership data for such tribe, band, or other

25 organized group of Indians, or
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1 ‘‘(B) if the child is not a member of a tribe,

2 band, or other organized group of Indians, the

3 name, the enrollment number (if readily avail4 able), and the organization (and address thereof)

5 responsible for maintaining updated and accu6 rate membership rolls of any of the child’s par7 ents or grandparents, from whom the child

8 claims eligibility;

9 ‘‘(2) whether the tribe, band, or other organized

10 group of Indians with which the child, his parents, or

11 grandparents claim membership is federally recog12 nized;

13 ‘‘(3) the name and address of the parent or legal

14 guardian;

15 ‘‘(4) the signature of the parent or legal guard16 ian verifying the accuracy of the information sup17 plied; and

18 ‘‘(5) any other information which the Secretary

19 deems necessary to provide an accurate program pro20 file.

21 ‘‘(c) Nothing in the requirements of subsection (b) may

22 be construed as affecting the definition set forth in section

23 6601. In order for a child to be counted in computing the

24 local educational agency’s grant award, the eligibility form

25 for the child must contain at a minimum—
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1 ‘‘(1) the child’s name;

2 ‘‘(2) the name of the tribe, band, or other orga3 nized group of Indians; and

4 ‘‘(3) the parent’s dated signature.

5 The failure of an applicant to furnish any other informa6 tion listed in subsection (b) with respect to any child shall

7 have no bearing on the determination of whether the child

8 is an eligible Indian child.

9 ‘‘(d) The forms and the standards of proof (including

10 the standard of good faith compliance) that were in use dur11 ing the 1985–1986 academic year to establish a child’s eligi12 bility for entitlement under the Indian Elementary and

13 Secondary School Assistance Act shall be the only forms and

14 standards of proof used to establish such eligibility and to

15 meet the requirements of subsection (a).

16 ‘‘(e) For purposes of determining whether a child is

17 an eligible Indian child, the membership of the child, or

18 any parent or grandparent of the child, in a tribe, band,

19 or other organized group of Indians may be established by

20 proof other than an enrollment number, even if enrollment

21 numbers for members of such tribe, band, or groups are

22 available. Nothing in subsection (b) may be construed as

23 requiring the furnishing of enrollment numbers.

24 ‘‘(f)(1)(A) The Secretary shall establish a method of

25 auditing, on an annual basis, a sample of not less than
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1 one-fourth of the total number of local educational agencies

2 receiving funds under this part and shall submit to the Con3 gress an annual report on the findings of the audits.

4 ‘‘(B) For purposes of an audit conducted by the Fed5 eral Government with respect to funds provided under this

6 part, all procedures, practices, and policies that are estab7 lished by—

8 ‘‘(i) the Office of Indian Education of the De9 partment of Education, or

10 ‘‘(ii) a grantee under this subpart who, in estab11 lishing such procedures, practices, and policies, was

12 acting under the direction of any employee of such

13 Office that is authorized by the Director of such Office

14 to provide such direction,

15 shall, with respect to the period beginning on the date of

16 the establishment of such procedures, practices, and policies,

17 and ending on the date (if any) on which the Director of

18 such Office revokes authorization for such procedures, prac19 tices, and policies, be considered appropriate and acceptable

20 procedures, practices, and policies which are in conformity

21 with Federal law.

22 ‘‘(C) A local educational agency may not be held liable

23 to the United States, or be otherwise penalized, by reason

24 of the findings of an audit that relate to the date of comple25 tion, or the date of submission, of any forms used to estab-
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1 lish, before April 28, 1988, a child’s eligibility for entitle2 ment under the Indian Elementary and Secondary School

3 Assistance Act.

4 ‘‘(2) Any local educational agency that provides false

5 information in the application for a grant under this sub6 part shall be ineligible to apply for any other grants under

7 this part and shall be liable to the United States for any

8 funds provided under this part that have not been expended.

9 ‘‘(3) Any student who provides false information on

10 the form required under subsection (d)(1) may not be taken

11 into account in determining the amount of any grant under

12 this part.

13 ‘‘(g) For purposes of distribution of funds under this

14 Act to schools funded by the Bureau of Indian Affairs, the

15 Secretary shall use the count of the number of students in

16 each such school funded under the Indian Student Equali17 zation Formula developed pursuant to section 1128 of Pub18 lic Law 95–561, in lieu of the requirements of this section.

19 ‘‘SEC. 6107. PAYMENTS.

20 ‘‘(a) GENERAL.—The Secretary shall pay each local

21 educational agency with an application approved under

22 this part the amount determined under section 6103, subject

23 to subsections (b) and (c) of this section and shall notify

24 such local educational agency of the amount no later than

25 June 1 of the year in which the grant will be paid.
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1 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

2 STATE.—The Secretary shall not make a grant under this

3 part for any fiscal year to any local educational agency

4 in a State that has taken into consideration payments

5 under this part (or under subpart 1 of the Indian Edu6 cation Act of 1988) in determining the eligibility of the

7 local educational agency for State aid, or the amount of

8 that aid, with respect to the free public education of chil9 dren during that year or the preceding fiscal year.

10 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAIN11 TAIN FISCAL EFFORT.—(1) The Secretary shall not pay

12 any local educational agency the full amount determined

13 under section 6103 for any fiscal year unless the State edu14 cational agency notifies the Secretary, and the Secretary

15 determines, that the combined fiscal effort of that local agen16 cy and the State with respect to the provision of free public

17 education by such local agency for the preceding fiscal year,

18 computed on either a per-student or aggregate expenditure

19 basis, was not less than 90 percent of such combined fiscal

20 effort, computed on the same basis, for the second preceding

21 fiscal year.

22 ‘‘(2) If the Secretary determines for any fiscal year

23 that a local educational agency failed to maintain its fiscal

24 effort at the 90 percent level required by paragraph (1), the

25 Secretary shall—
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1 ‘‘(A) reduce the amount of the grant that would

2 otherwise be made to the agency under this part in

3 the exact proportion of such agency’s failure to main4 tain its fiscal effort at such level; and

5 ‘‘(B) not use the reduced amount of the agency’s

6 expenditures for the preceding year to determine com7 pliance with paragraph (1) for any succeeding fiscal

8 year, but shall use the amount of expenditures that

9 would have been required to comply with paragraph

10 (1).

11 ‘‘(3)(A) The Secretary may waive the requirement of

12 paragraph (1), for not more than one year at a time, if

13 the Secretary determines that the failure to comply with

14 such requirement is due to exceptional or uncontrollable cir15 cumstances, such as a natural disaster or a precipitous and

16 unforeseen decline in the agency’s financial resources.

17 ‘‘(B) The Secretary shall not use the reduced amount

18 of such agency’s expenditures for the fiscal year preceding

19 the fiscal year for which a waiver is granted to determine

20 compliance with paragraph (1) for any succeeding fiscal

21 year, but shall use the amount of expenditures that would

22 have been required to comply with paragraph (1) in the

23 absence of the waiver.
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1 ‘‘(d) REALLOCATIONS.—The Secretary may reallocate,

2 in the manner the Secretary determines will best carry out

3 the purpose of this part, any amounts that—

4 ‘‘(1) based on estimates by local educational

5 agencies or other information, will not be needed by

6 such agencies to carry out their approved projects

7 under this part; or

8 ‘‘(2) otherwise become available for reallocation

9 under this part.

10 ‘‘PART B—SPECIAL PROGRAMS AND PROJECTS

11 TO IMPROVE EDUCATIONAL OPPORTUNITIES

12 FOR INDIAN CHILDREN

13 ‘‘SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNI14 TIES FOR INDIAN CHILDREN.

15 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

16 program of making grants for the improvement of edu17 cational opportunities for Indian children—

18 ‘‘(1) to support planning, pilot, and demonstra19 tion projects, in accordance with subsection (b), which

20 are designed to test and demonstrate the effectiveness

21 of programs for improving educational opportunities

22 for Indian children;

23 ‘‘(2) to assist in the establishment and operation

24 of programs, in accordance with subsection (c), which

25 are designed to stimulate—
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1 ‘‘(A) the provision of educational services

2 not available to Indian children in sufficient

3 quantity or quality, and

4 ‘‘(B) the development and establishment of

5 exemplary educational programs to serve as

6 models for regular school programs in which In7 dian children are educated;

8 ‘‘(3) to assist in the establishment and operation

9 of preservice and inservice training programs, in ac10 cordance with subsection (d), for persons serving In11 dian children as educational personnel; and

12 ‘‘(4) to encourage the dissemination of informa13 tion and materials relating to, and the evaluation of

14 the effectiveness of, education programs which may

15 offer educational opportunities to Indian children.

16 ‘‘(b) DEMONSTRATION PROJECTS.—The Secretary is

17 authorized to make grants to State and local educational

18 agencies, federally supported elementary and secondary

19 schools for Indian children and to Indian tribes, Indian

20 organizations, and Indian institutions to support plan21 ning, pilot, and demonstration projects which are designed

22 to plan for, and test and demonstrate the effectiveness of,

23 programs for improving educational opportunities for In24 dian children, including—
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1 ‘‘(1) innovative programs related to the edu2 cational needs of educationally deprived children;

3 ‘‘(2) bilingual and bicultural education pro4 grams and projects;

5 ‘‘(3) special health and nutrition services and

6 other related activities which meet the special health,

7 social, and psychological problems of Indian children;

8 and

9 ‘‘(4) coordination of the operation of other feder10 ally assisted programs which may be used to assist in

11 meeting the needs of such children.

12 ‘‘(c) SERVICES AND PROGRAMS TO IMPROVE EDU13 CATIONAL OPPORTUNITIES.—

14 ‘‘(1) The Secretary is authorized to make grants

15 to State and local educational agencies and to tribal

16 and other Indian community organizations to assist

17 them in developing and establishing educational serv18 ices and programs specifically designed to improve

19 educational opportunities for Indian children. Such

20 grants may be used—

21 ‘‘(A) to provide educational services not

22 available to such children in sufficient quantity

23 or quality, including—

24 ‘‘(i) remedial and compensatory in25 struction, school health, physical education,
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1 psychological, and other services designed to

2 assist and encourage Indian children to

3 enter, remain in, or reenter elementary or

4 secondary school;

5 ‘‘(ii) comprehensive academic and vo6 cational instruction;

7 ‘‘(iii) instructional materials (such as

8 library books, textbooks, and other printed,

9 published, or audiovisual materials) and

10 equipment;

11 ‘‘(iv) comprehensive guidance, counsel12 ing, mentoring, and testing services;

13 ‘‘(v) special education programs for

14 disabled and gifted and talented Indian

15 children;

16 ‘‘(vi) early childhood programs, includ17 ing kindergarten;

18 ‘‘(vii) bilingual and bicultural edu19 cation programs; and

20 ‘‘(viii) other services which meet the

21 purposes of this subsection; and

22 ‘‘(B) to establish and operate exemplary

23 and innovative educational programs and cen24 ters, involving new educational approaches,

25 methods, and techniques designed to enrich pro-
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1 grams of elementary and secondary education for

2 Indian children.

3 ‘‘(2) In addition to the grants provided under

4 paragraph (1), the Secretary is authorized to provide

5 grants to consortia of Indian tribes or tribal organi6 zations, local educational agencies, and institutions of

7 higher education for the purpose of developing, im8 proving, and implementing a program of—

9 ‘‘(A) encouraging Indian students to ac10 quire a higher education, and

11 ‘‘(B) reducing the incidence of dropouts

12 among elementary and secondary school stu13 dents.

14 ‘‘(d) TRAINING.—

15 ‘‘(1) The Secretary is authorized to make grants

16 to institutions of higher education and to State and

17 local educational agencies, in combination with insti18 tutions of higher education, for carrying out pro19 grams and projects—

20 ‘‘(A) to prepare persons to serve Indian stu21 dents as teachers, administrators, teacher aides,

22 social workers, and ancillary educational person23 nel; and
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1 ‘‘(B) to improve the qualifications of such

2 persons who are serving Indian students in such

3 capacities.

4 ‘‘(2) Grants made under this subsection may be

5 used for the establishment of fellowship programs

6 leading to an advanced degree, for institutes and, as

7 part of a continuing program, for seminars,

8 symposia, workshops, and conferences.

9 ‘‘(3) In programs funded by grants authorized

10 under this subsection, preference shall be given to the

11 training of Indians.

12 ‘‘(4) In making grants under this subsection, the

13 Secretary shall consider prior performance and may

14 not limit eligibility on the basis of the number of pre15 vious grants or the length of time for which the appli16 cant has received grants.

17 ‘‘(d) APPLICATIONS FOR GRANTS.—

18 ‘‘(1) Applications for a grant under this section

19 shall be submitted at such time, in such manner, and

20 shall contain such information, and shall be consist21 ent with such criteria, as may be required under reg22 ulations prescribed by the Secretary. Such applica23 tions shall—

24 ‘‘(A) set forth a statement describing the ac25 tivities for which assistance is sought;
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1 ‘‘(B) in the case of an application for a

2 grant under subsection (c)—

3 ‘‘(i) subject to such criteria as the Sec4 retary shall prescribe, provide for—

5 ‘‘(I) the use of funds available

6 under this section, and

7 ‘‘(II) the coordination of other re8 sources available to the applicant,

9 in order to ensure that, within the scope of

10 the purpose of the project, there will be a

11 comprehensive program to achieve the pur12 poses of this section, and

13 ‘‘(ii) provide for the training of per14 sonnel participating in the project; and

15 ‘‘(C) provide for an evaluation of the effec16 tiveness of the project in achieving its purpose

17 and the purposes of this section.

18 ‘‘(2)(A) The Secretary may approve an applica19 tion for a grant under subsection (b) or (c) only if

20 the Secretary is satisfied that such application, and

21 any document submitted with respect thereto—

22 ‘‘(i) demonstrate that—

23 ‘‘(I) there has been adequate participa24 tion by the parents of the children to be
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1 served and tribal communities in the plan2 ning and development of the project, and

3 ‘‘(II) there will be such participation

4 in the operation and evaluation of the

5 project, and

6 ‘‘(ii) provide for the participation, on an

7 equitable basis, of eligible Indian children—

8 ‘‘(I) who reside in the area to be

9 served,

10 ‘‘(II) who are enrolled in private non11 profit elementary and secondary schools,

12 and

13 ‘‘(III) whose needs are of the type

14 which the program is intended to meet,

15 to the extent consistent with the number of such

16 children.

17 ‘‘(B) In approving applications under this sec18 tion, the Secretary shall give priority to applications

19 from Indian educational agencies, organizations, and

20 institutions.

21 ‘‘SEC. 6202. SPECIAL EDUCATIONAL TRAINING PROGRAMS

22 FOR THE TEACHERS OF INDIAN CHILDREN.

23 ‘‘(a) IN GENERAL.—

24 ‘‘(1) The Secretary is authorized to make grants

25 to, and enter into contracts with, institutions of
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1 higher education, Indian organizations, and Indian

2 tribes for the purpose of—

3 ‘‘(A) preparing individuals for teaching or

4 administering special programs and projects de5 signed to meet the special educational needs of

6 Indian people, and

7 ‘‘(B) providing in-service training for per8 sons teaching in such programs.

9 ‘‘(2) Priority shall be given in the awarding of

10 grants, and in the entering into of contracts, under

11 subsection (a) to Indian institutions and organiza12 tions.

13 ‘‘(b) FELLOWSHIPS AND TRAINEESHIPS.—

14 ‘‘(1) In carrying out the provisions of this sec15 tion, the Secretary is authorized to award fellowships

16 and traineeships to individuals and to make grants

17 to, and to enter into contracts with, institutions of

18 higher education, Indian organizations, and Indian

19 tribes for the costs of education allowances.

20 ‘‘(2) In awarding fellowships and traineeships

21 under this subsection, the Secretary shall give pref22 erence to Indians.

23 ‘‘(3) In the case of traineeships and fellowships,

24 the Secretary is authorized to grant stipends to, and
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1 allowances for dependents of, persons receiving

2 traineeships and fellowships.

3 ‘‘SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.

4 ‘‘(a) IN GENERAL.—During each fiscal year ending

5 prior to October 1, 1999, the Secretary is authorized to

6 award fellowships to be used for study in graduate and pro7 fessional programs at institutions of higher education. Such

8 fellowships shall be awarded to Indian students in order

9 to enable them to pursue a course of study of not more than

10 4 academic years leading toward a postbaccalaureate degree

11 in medicine, clinical psychology, psychology, law, edu12 cation, and related fields or leading to an undergraduate

13 or graduate degree in engineering, business administration,

14 natural resources, and related fields.

15 ‘‘(b) STIPENDS.—The Secretary shall pay to persons

16 awarded fellowships under subsection (a) such stipends (in17 cluding such allowances for subsistence of such persons and

18 their dependents) the Secretary may determine to be con19 sistent with prevailing practices under comparable federally

20 supported programs.

21 ‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUI22 TION.—The Secretary shall pay to the institution of higher

23 education at which the holder of a fellowship awarded under

24 subsection (a) is pursuing a course of study, in lieu of tui25 tion charged such holder, such amounts as the Secretary
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1 may determine to be necessary to cover the cost of education

2 provided the holder of such a fellowship.

3 ‘‘(d) SPECIAL RULES.—

4 ‘‘(1) The Secretary may, if a fellowship awarded

5 under subsection (a) is vacated prior to the end of the

6 period for which it was awarded, award an addi7 tional fellowship for the remainder of such period.

8 ‘‘(2) By no later than the date that is 45 days

9 before the commencement of an academic term, the

10 Secretary shall provide to each individual who is

11 awarded a fellowship under subsection (a) for such

12 academic term written notice of the amount of such

13 fellowship and of any stipends or other payments that

14 will be made under this section to, or for the benefit

15 of, such individual for such academic term.

16 ‘‘(3) Not more than 10 percent of the fellowships

17 awarded under subsection (a) shall be awarded, on a

18 priority basis, to persons receiving training in guid19 ance counseling with a specialty in the area of alcohol

20 and substance abuse counseling and education.

21 ‘‘(e) SERVICE OBLIGATION.—The Secretary shall, by

22 regulation, require that individuals who receive training

23 under this section perform related work and shall notify

24 such local educational agency of the amount no later than
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1 June 1 of the year in which the grant will be paid following

2 that training or repay all or part of the cost of the training.

3 ‘‘SEC. 6204. GIFTED AND TALENTED.

4 ‘‘(a) ESTABLISHMENT OF CENTERS.—The Secretary

5 shall establish 2 centers for gifted and talented Indian stu6 dents at tribally controlled community colleges.

7 ‘‘(b) DEMONSTRATION PROJECTS.—

8 ‘‘(1) The Secretary shall award separate grants

9 to, or enter into contracts with—

10 ‘‘(A) 2 tribally controlled community col11 leges that—

12 ‘‘(i) are eligible for funding under the

13 Tribally Controlled Community College As14 sistance Act of 1978, and

15 ‘‘(ii) are fully accredited, or

16 ‘‘(B) if acceptable applications are not sub17 mitted to the Secretary by 2 of such colleges, the

18 American Indian Higher Education Consortium,

19 for the establishment of centers under subsection (a)

20 and for demonstration projects designed to address the

21 special needs of Indian students in elementary and

22 secondary schools who are gifted and talented and to

23 provide such support services to their families that

24 are needed to enable the students to benefit from the

25 project.
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1 ‘‘(2) Any person to whom a grant is made, or

2 with whom a contract is entered into, under para3 graph (1) may enter into a contract with any other

4 persons, including the Children’s Television Work5 shop, for the purpose of carrying out the demonstra6 tion projects for which such grant was awarded or for

7 which the contract was entered into by the Secretary.

8 ‘‘(3) Demonstration projects funded under this

9 section may include—

10 ‘‘(A) the identification of the special needs

11 of gifted and talented students, particularly at

12 the elementary school level, with attention to the

13 emotional and psychosocial needs of these stu14 dents and to the provision of those support serv15 ices to their families that are needed to enable

16 these students to benefit from the project;

17 ‘‘(B) the conduct of educational,

18 psychosocial, and developmental activities which

19 hold reasonable promise of resulting in substan20 tial progress toward meeting the educational

21 needs of such gifted and talented children, in22 cluding, but not limited to, demonstrating and

23 exploring the use of Indian languages and expo24 sure to Indian cultural traditions, and

25 mentoring and apprenticeship programs;
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1 ‘‘(C) the provision of technical assistance

2 and the coordination of activities at schools

3 which receive grants under subsection (c) with

4 respect to the activities funded by such grants,

5 the evaluation of programs at such schools fund6 ed by such grants, or the dissemination of such

7 evaluations;

8 ‘‘(D) the use of public television in meeting

9 the special educational needs of such gifted and

10 talented children;

11 ‘‘(E) leadership programs designed to rep12 licate programs for such children throughout the

13 United States, including the dissemination of in14 formation derived from the demonstration

15 projects conducted under this section; and

16 ‘‘(F) appropriate research, evaluation, and

17 related activities pertaining to the needs of such

18 children and to the provision of such support

19 services to their families that are needed to en20 able such children to benefit from the project.

21 ‘‘(c) ADDITIONAL GRANTS.—

22 ‘‘(1) The Secretary, in consultation with the Sec23 retary of the Interior, shall provide 5 grants to schools

24 that are Bureau funded schools for program research

25 and development regarding, and the development and
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1 dissemination of curriculum and teacher training

2 material regarding—

3 ‘‘(A) gifted and talented students,

4 ‘‘(B) college preparatory studies (including

5 programs for Indian students interested in teach6 ing careers),

7 ‘‘(C) students with special culturally related

8 academic needs, including social, lingual, and

9 cultural needs, and

10 ‘‘(D) math and science education.

11 ‘‘(2) Applications for the grants provided under

12 paragraph (1) shall be submitted to the Secretary in

13 such form and at such time as the Secretary may pre14 scribe. Applications for such grants by Bureau

15 schools, and the administration of any of such grants

16 made to a Bureau school, shall be undertaken jointly

17 by the supervisor of the Bureau school and the local

18 school board.

19 ‘‘(3) Grants may be provided under paragraph

20 (1) for one or more activities described in paragraph

21 (1).

22 ‘‘(4) In providing grants under paragraph (1),

23 the Secretary shall—

24 ‘‘(A) achieve a mixture of programs de25 scribed in paragraph (1) which ensures that stu-
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1 dents at all grade levels and in all geographic

2 areas of the United States are able to participate

3 in some programs funded by grants provided

4 under this subsection, and

5 ‘‘(B) ensure that a definition of the term

6 ‘gifted and talented student’ for purposes of this

7 section and section 1128(c)(3)(A)(i) of the Edu8 cation Amendments of 1978 is developed as soon

9 as possible.

10 ‘‘(5) Subject to the availability of appropriated

11 funds, grants provided under paragraph (1) shall be

12 made for a 3-year period and may be renewed by the

13 Secretary for additional 3-year periods if perform14 ance by the grantee is satisfactory to the Secretary.

15 ‘‘(6)(A) The dissemination of any materials de16 veloped from activities funded by grants provided

17 under paragraph (1) shall be carried out in coopera18 tion with institutions receiving funds under sub19 section (b).

20 ‘‘(B) The Secretary shall report to the Secretary

21 of the Interior and to the Congress any results from

22 activities described in paragraph (4)(B).

23 ‘‘(7)(A) The costs of evaluating any activities

24 funded by grants made under paragraph (1) shall be

25 divided between the school conducting such activities
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1 and the demonstration project recipients under sub2 section (b).

3 ‘‘(B) If no funds are provided under subsection

4 (b) for—

5 ‘‘(i) the evaluation of activities funded by

6 grants made under paragraph (1),

7 ‘‘(ii) technical assistance and coordination

8 with respect to such activities, or

9 ‘‘(iii) dissemination of such evaluations,

10 the Secretary shall, by grant or through contract, pro11 vide for such evaluations, technical assistance, coordi12 nation, and dissemination.

13 ‘‘(d) INFORMATION NETWORK.—The Secretary shall

14 encourage persons to whom a grant is made, or with whom

15 a contract is entered into, under this section to work coop16 eratively as a national network so that the information de17 veloped by such persons is readily available to the entire

18 educational community.

19 ‘‘SEC. 6205. TRIBALLY CONTROLLED SCHOOLS ACT.

20 ‘‘(a) TIMELY PAYMENTS.—Subsection (a) is amended

21 to read as follows:

22 ‘‘ ‘(a)(1) Except as otherwise provided in this sub23 section, the Secretary shall make payments to grantees

24 under this part in 2 payments:
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1 ‘‘ ‘(A) one payment to be made no later than

2 July 1 of each year in an amount equal to one-half

3 of the amount which the grantee was entitled to re4 ceive during the preceding academic year, and

5 ‘‘ ‘(B) the second payment, consisting of the re6 mainder to which the grantee is entitled for the aca7 demic year, shall be made no later than December 1

8 of each year.

9 ‘‘ ‘(2) For any school for which no payment was made

10 from Bureau funds in the preceding academic year, full

11 payment of the amount computed for the first academic

12 year of eligibility under this part shall be made no later

13 than December 1 of the academic year.

14 ‘‘ ‘(3) With regard to funds for grantees that become

15 available for obligation on October 1 of the fiscal year for

16 which they are appropriated, the Secretary shall make pay17 ments to grantees no later than December 1 of the fiscal

18 year.

19 ‘‘ ‘(4) The provisions of the Prompt Payment Act (31

20 U.S.C. 3901 et seq.) shall apply to the payments required

21 to be made by paragraphs (1), (2), and (3) of this sub22 section.’.

23 ‘‘(b) Paragraph (3) is amended by striking ‘Para24 graphs (1) and (2)’ and inserting in lieu thereof ‘Para-
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1 graphs (1), (2), and (3)’, and is renumbered as paragraph

2 ‘(5)’.

3 ‘‘PART C—SPECIAL PROGRAMS RELATING TO

4 ADULT EDUCATION FOR INDIANS

5 ‘‘SEC. 6301. IMPROVEMENT OF EDUCATIONAL OPPORTUNI6 TIES FOR ADULT INDIANS.

7 ‘‘(a) IN GENERAL.—The Secretary shall carry out a

8 program of awarding grants to State and local educational

9 agencies and to Indian tribes, institutions, and organiza10 tions—

11 ‘‘(1) to support planning, pilot, and demonstra12 tion projects which are designed to test and dem13 onstrate the effectiveness of programs for improving

14 employment and educational opportunities for adult

15 Indians;

16 ‘‘(2) to assist in the establishment and operation

17 of programs which are designed to stimulate—

18 ‘‘(A) the provision of basic literacy opportu19 nities to all nonliterate Indian adults, and

20 ‘‘(B) the provision of opportunities to all

21 Indian adults to qualify for a high school

22 equivalency certificate in the shortest period of

23 time feasible;

24 ‘‘(3) to support a major research and develop25 ment program to develop more innovative and effec-
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1 tive techniques for achieving the literacy and high

2 school equivalency goals;

3 ‘‘(4) to provide for basic surveys and evaluations

4 to define accurately the extent of the problems of illit5 eracy and lack of high school completion among Indi6 ans; and

7 ‘‘(5) to encourage the dissemination of informa8 tion and materials relating to, and the evaluation of

9 the effectiveness of, education programs which may

10 offer educational opportunities to Indian adults.

11 ‘‘(b) EDUCATIONAL SERVICES.—The Secretary is au12 thorized to make grants to Indian tribes, Indian institu13 tions, and Indian organizations to develop and establish

14 educational services and programs specifically designed to

15 improve educational opportunities for Indian adults.

16 ‘‘(c) INFORMATION AND EVALUATION.—The Secretary

17 is also authorized to make grants to, and to enter into con18 tracts with, public agencies and institutions and Indian

19 tribes, institutions, and organizations for—

20 ‘‘(1) the dissemination of information concerning

21 educational programs, services, and resources avail22 able to Indian adults, including evaluations thereof;

23 and

24 ‘‘(2) the evaluation of federally assisted programs

25 in which Indian adults may participate to determine
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1 the effectiveness of such programs in achieving the

2 purposes of such programs with respect to such

3 adults.

4 ‘‘(d) APPLICATIONS.—

5 ‘‘(1) Applications for a grant under this section

6 shall be submitted at such time, in such manner, con7 tain such information, and be consistent with such

8 criteria, as may be required under regulations pre9 scribed by the Secretary. Such applications shall—

10 ‘‘(A) set forth a statement describing the ac11 tivities for which assistance is sought; and

12 ‘‘(B) provide for an evaluation of the effec13 tiveness of the project in achieving its purposes

14 and the purposes of this section.

15 ‘‘(2) The Secretary shall not approve an applica16 tion for a grant under subsection (a) unless the Sec17 retary is satisfied that such application, and any doc18 uments submitted with respect thereto, indicate

19 that—

20 ‘‘(A) there has been adequate participation

21 by the individuals to be served and tribal com22 munities in the planning and development of the

23 project, and

24 ‘‘(B) there will be such a participation in

25 the operation and evaluation of the project.
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1 ‘‘(3) In approving applications under subsection

2 (a), the Secretary shall give priority to applications

3 from Indian educational agencies, organizations, and

4 institutions.

5 ‘‘PART D—NATIONAL ACTIVITIES AND GRANTS TO

6 STATES

7 ‘‘SEC. 6401. NATIONAL ACTIVITIES.

8 ‘‘(a) AUTHORIZED ACTIVITIES.—From funds appro9 priated for any fiscal year to carry out this section, the

10 Secretary may—

11 ‘‘(1) conduct research related to effective ap12 proaches to the education of Indian children and

13 adults;

14 ‘‘(2) evaluate federally assisted education pro15 grams from which Indian children and adults may

16 benefit;

17 ‘‘(3) collect and analyze data on the educational

18 status and needs of Indians; and

19 ‘‘(4) carry out other activities consistent with the

20 purpose of this Act.

21 ‘‘(b) ELIGIBILITY.—The Secretary may carry out any

22 of the activities described in subsection (a) directly or

23 through grants to, or contracts or cooperative agreements

24 with, Indian tribes, Indian organizations, State edu25 cational agencies, local educational agencies, institutions of
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1 higher education, including Indian institutions of higher

2 education, and other public and private agencies and insti3 tutions.

4 ‘‘(c) COORDINATION.—Research activities supported

5 under this section—

6 ‘‘(1) shall be carried out in consultation with the

7 Office of Educational Research and Improvement to

8 assure that such activities are coordinated with and

9 enhance the research and development activities sup10 ported by the Office; and

11 ‘‘(2) may include collaborative research activities

12 which are jointly funded and carried out by the Office

13 of Indian Education and the Office of Educational

14 Research and Improvement.

15 ‘‘SEC. 6402. STATE EDUCATIONAL AGENCY REVIEW.

16 ‘‘(a) Before submitting its application to the Sec17 retary, the local educational agency shall submit its appli18 cation to the State educational agency.

19 ‘‘(b) The State education agency may send to the Sec20 retary comments on each local educational agency applica21 tion its reviews. The Secretary shall take such comments

22 into consideration in reviewing such application.
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1 ‘‘PART E—FEDERAL ADMINISTRATION

2 ‘‘SEC. 6501. OFFICE OF INDIAN EDUCATION.

3 ‘‘(a) OFFICE OF INDIAN EDUCATION.—There shall be

4 an Office of Indian Education (referred to in this section

5 as ‘the Office’) in the Department of Education.

6 ‘‘(b) DIRECTOR.—(1) The Office shall be under the di7 rection of the Director, who shall be appointed by the Sec8 retary and who shall report directly to the Assistant Sec9 retary for Elementary and Secondary Education.

10 ‘‘(2) The Director shall—

11 ‘‘(A) be responsible for administering this title;

12 ‘‘(B) be involved in, and be primarily respon13 sible for, the development of all policies affecting In14 dian children and adults under programs adminis15 tered by the Office of Elementary and Secondary

16 Education;

17 ‘‘(C) coordinate the development of policy and

18 practice for all programs in the Department relating

19 to Indian persons; and

20 ‘‘(D) assist the Assistant Secretary of the Office

21 of Educational Research and Improvement in identi22 fying research priorities related to the education of

23 Indian persons.

24 ‘‘(3) The Director of the Office shall be a member of

25 the career Senior Executive Service.
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1 ‘‘(c) INDIAN PREFERENCE IN EMPLOYMENT.—(1) The

2 Secretary shall give a preference to Indian persons in all

3 personnel actions in the Office.

4 ‘‘(2) Such preference shall be implemented in the same

5 fashion as the preference given to any veteran under section

6 2609 of the Revised Statutes, section 45 of title 25, United

7 States Code.

8 ‘‘SEC. 6502. NATIONAL ADVISORY COUNCIL ON INDIAN EDU9 CATION.

10 ‘‘(a) MEMBERSHIP.—There shall be a National Advi11 sory Council on Indian Education (referred to in this sec12 tion as ‘the Council’), which shall—

13 ‘‘(1) consist of 15 Indian members, who shall be

14 appointed by the President from lists of nominees fur15 nished, from time to time, by Indian tribes and orga16 nizations; and

17 ‘‘(2) represent different geographic areas of the

18 country.

19 ‘‘(b) DUTIES.—The Council shall—

20 ‘‘(1) advise the Secretary on the funding and ad21 ministration, including the development of regula22 tions and of administrative policies and practices, of

23 any program, including programs under this title, for

24 which the Secretary is responsible and in which In-
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1 dian children or adults participate or from which

2 they can benefit;

3 ‘‘(2) make recommendations to the Secretary for

4 filling the Director’s position whenever a vacancy oc5 curs in such position; and

6 ‘‘(3) submit to the Congress, by June 30 of each

7 year, a report on its activities, which shall include—

8 ‘‘(A) any recommendations it finds appro9 priate for the improvement of Federal education

10 programs in which Indian children or adults

11 participate, or from which they can benefit; and

12 ‘‘(B) its recommendations with respect to

13 the funding of any such programs.

14 ‘‘SEC. 6503. PEER REVIEW.

15 ‘‘In reviewing applications under parts B, C, and D

16 of this title, the Secretary may use a peer review process.

17 ‘‘SEC. 6504. PREFERENCE FOR INDIAN APPLICANTS.

18 ‘‘In making grants under parts B and C of this title,

19 the Secretary shall give a preference to Indian tribes, In20 dian organizations, and Indian institutions of higher edu21 cation under any program for which they are eligible to

22 apply.

23 ‘‘SEC. 6505. MINIMUM GRANT CRITERIA.

24 ‘‘In making grants under parts B and C of this title,

25 the Secretary shall approve only projects that are—
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1 ‘‘(1) of sufficient size, scope, and quality to

2 achieve the purpose of the section under which assist3 ance is sought; and

4 ‘‘(2) based on relevant research findings.

5 ‘‘PART F—DEFINITIONS; AUTHORIZATIONS

6 OF APPROPRIATIONS

7 ‘‘SEC. 6601. DEFINITIONS.

8 ‘‘The following definitions apply to terms as used in

9 this title:

10 ‘‘(1) The term ‘adult’ means an individual who

11 is either—

12 ‘‘(A) not less than 16 years old; or

13 ‘‘(B) beyond the age of compulsory school

14 attendance under State law.

15 ‘‘(2) The term ‘adult education’ has the meaning

16 given such term in section 312(2) of the Adult Edu17 cation Act.

18 ‘‘(3) The term ‘free public education’ means edu19 cation that is—

20 ‘‘(A) provided at public expense, under pub21 lic supervision and direction, and without tui22 tion charge; and

23 ‘‘(B) provided as elementary or secondary

24 education in the applicable State or to preschool

25 children.
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1 ‘‘(4) The term ‘Indian’ means an individual who

2 is—

3 ‘‘(A) a member of an Indian tribe or band,

4 as membership is defined by the tribe or band,

5 including—

6 ‘‘(i) tribes and bands terminated since

7 1940; and

8 ‘‘(ii) tribes and bands recognized by

9 the State in which they reside;

10 ‘‘(B) a descendant, in the first or second de11 gree, of an individual described in subparagraph

12 (A);

13 ‘‘(C) considered by the Secretary of the Inte14 rior to be an Indian for any purpose; or

15 ‘‘(D) an Eskimo, Aleut, or other Alaska Na16 tive.

17 ‘‘SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.

18 ‘‘(a) PART A.—For the purpose of carrying out part

19 A of this title, there are authorized to be appropriated

20 $61,300,000 for fiscal year 1995 and such sums as may be

21 necessary for each of the fiscal years 1996, 1997, 1998, and

22 1999.

23 ‘‘(b) PARTS B THROUGH D.—For the purpose of car24 rying out parts B, C, and D of this title, there are author25 ized to be appropriated $20,925,000 for fiscal year 1995
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1 and such sums as may be necessary for each of the fiscal

2 years 1996, 1997, 1998, and 1999.

3 ‘‘(c) PART E.—For the purpose of carrying out part

4 E of this title, including section 6502, there are authorized

5 to be appropriated $3,775,000 for fiscal year 1995 and such

6 sums as may be necessary for each of the fiscal years 1996,

7 1997, 1998, and 1999.

8 ‘‘PART G—BUREAU OF INDIAN AFFAIRS

9 PROGRAMS

10 ‘‘SEC. 6701. STANDARDS FOR THE BASIC EDUCATION OF IN11 DIAN CHILDREN IN BUREAU OF INDIAN AF12 FAIRS SCHOOLS.

13 ‘‘(a) The purpose of the standards developed under this

14 section shall be to afford Indian students being served by

15 a Bureau funded school with the same opportunities as all

16 other students to achieve the high goals embodied in the

17 Goals 2000: Educate America Act. Consistent with the pro18 visions of this section and section 6711 of this part, the

19 Secretary shall take such actions as are necessary to coordi20 nate standards developed and implemented under this sec21 tion with those in the State plans developed and imple22 mented pursuant to the GOALS 2000 Educate America Act

23 for the States in which each Bureau funded school operates.

24 In developing and reviewing these standards and such co25 ordination, the Secretary shall utilize the findings and rec-
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1 ommendations of the panel established by the Goals 2000:

2 Educate America Act

3 ‘‘(b) The Secretary, in consultation with the Secretary

4 of Education, and in consultation with Indian organiza5 tions and tribes, shall carry out or cause to be carried out

6 by contract with an Indian organization such studies and

7 surveys, making the fullest use possible of other existing

8 studies, surveys, and plans, as are necessary to establish

9 and revise standards for the basic education of Indian chil10 dren attending Bureau funded schools. Such studies and

11 surveys shall take into account factors such as academic

12 needs, local cultural differences, type and level of language

13 skills, geographic isolation, and appropriate teacher-student

14 ratios for such children, and shall be directed toward the

15 attainment of equal eductional opportunity for such chil16 dren.

17 ‘‘(c)(1) Within 18 months of the date of enactment of

18 this Act, the Secretary shall revise the minimum academic

19 standards published in the Federal Register of November

20 1983 for the basic education of Indian chlidren which are

21 consistent with subsections (a) and (b) of this section and

22 section 6711, and shall distribute such revised standards in

23 the Federal Register for the purpose of receiving comments

24 from the tribes and other interested parties. Within 21

25 months of the date of enactment of the Elementary and Sec-
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1 ondary Education Act Amendments of 1993, the Secretary

2 shall establish final standards, distribute such standards to

3 all the tribes and publish such standards in the Federal

4 Register. The Secretary shall revise such standards periodi5 cally as necessary. Prior to any revision of such standards,

6 the Secretary shall distribute such proposed revision to all

7 the tribes, and publish such proposed revision in the Federal

8 Register, for the purpose of receiving comments from the

9 tribes and other interested parties.

10 ‘‘(2) Such standards shall apply to Bureau schools,

11 and subject to subsection (f), to contract and grant schools,

12 and may also serve as a model for educational programs

13 for Indian children in public schools. In establishing and

14 revising such standards, the Secretary shall take into ac15 count the special needs of Indian students and the support

16 and reinforcement of the specific cultural heritage of each

17 tribe. Such standards shall include a requirement, developed

18 in coordination with Indian tribes, the affected local school

19 boards, the Indian Health Service of the Department of

20 Health and Human Services, the State health departments,

21 and the Centers for Disease Control and Prevention, on im22 munization for childhood diseases, including provisions for

23 in-school immunization, where necessary.

24 ‘‘(d) The Secretary shall provide alternative or modi25 fied standards in lieu of the standards established under
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1 subsection (c), where necessary, so that the programs of each

2 school shall be in compliance with the minimum standards

3 required for accreditation of schools in the State where the

4 school is located.

5 ‘‘(e) A tribal governing body, or the local school board

6 so designated by the tribal governing body, shall have the

7 local authority to waive, in part or in whole, the standards

8 established under subsections (c) and (d), where such stand9 ards are deemed by such body to be inappropriate or ill10 conceived. The tribal governing body or designated school

11 board shall, within 60 days thereafter, submit to the Sec12 retary a proposal for alternative standards that takes into

13 account the specific needs of the tribe’s children. Such re14 vised standards shall be established by the Secretary unless

15 specifically rejected by the Secretary for good cause and in

16 writing to the affected tribes or local school board, which

17 rejection shall be final and unreviewable.

18 ‘‘(f)(1) The Secretary, through contracting and grant19 making procedures, shall assist school boards of contract

20 and grant schools in the implementation of the standards

21 established under subsection (c) and (d), if the school boards

22 request that such standards, in part or in whole, be imple23 mented. At the request of a contract or grant school board,

24 the Secretary shall provide alternative or modified stand25 ards for the standards established under subsections (c) and
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1 (d) to take into account the needs of the Indian children

2 and the contract or grant school.

3 ‘‘(2) Within 1 year of the date of the enactment of the

4 Indian Education Technical Amendments Act of 1985, the

5 Bureau shall, either directly or through contract with an

6 Indian organization, establish a consistent system of report7 ing standards for fiscal control and fund accounting for all

8 contract schools. Such standards shall yield data results

9 comparable to those used by Bureau schools.

10 ‘‘(g) Subject to subsections (e) and (f), the Secretary

11 shall begin to implement the standards established under

12 this section immediately upon the date of their establish13 ment. No later than January 1, 1995, and at each time

14 thereafter that the annual budget request for Bureau edu15 cational services is presented, the Secretary shall submit to

16 the appropriate committees of Congress a detailed plan to

17 bring all Bureau and contract and grant schools up to the

18 level required by the applicable standards established under

19 this section. Such plan shall include, but not be limited to,

20 detailed information on the status of each school’s edu21 cational program in relation to the applicable standards

22 established under this section, specific cost estimates for

23 meeting such standards at each school, and specific time

24 lines for bringing each school up to the level required by

25 such standards.
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1 ‘‘(h)(1) Except as specifically required by statute, no

2 school or peripheral dormitory operated by the Bureau of

3 Indian Affairs on or after January 1, 1992, may be closed

4 or consolidated or have its program substantially curtailed

5 unless done according to the requirements of this subsection,

6 except that, in those cases where the tribal governing body,

7 or the local school board concerned (if so designated by the

8 tribal governing body), requests closure or consolidation, the

9 requirements of this subsection shall not apply. The require10 ments of this subsection shall not apply when a temporary

11 closure, consolidation, or substantial curtailment is re12 quired by plant conditions which constitute an immediate

13 hazard to health and safety.

14 ‘‘(2) The Secretary shall, by regulation, promulgate

15 standards and procedures for the closing, consolidation, or

16 substantial curtailment of Bureau schools in accordance

17 with the requirements of this subsection.

18 ‘‘(3) Whenever closure, transfer to any other authority,

19 consolidation, or substantial curtailment of a school is

20 under active consideration or review by any division of the

21 Bureau or the Department of the Interior, the affected tribe,

22 tribal governing body, and designated local school board,

23 will be notified as soon as such consideration or review be24 gins, kept fully and currently informed, and afforded an

25 opportunity to comment with respect to such consideration
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1 or review. When a formal decision is made to close, transfer

2 to any other authority, consolidate, or substantially curtail

3 a school, the affected tribe, tribal governing body, and des4 ignated local school board shall be notified at least 6 months

5 prior to the end of the school year preceding the proposed

6 effective date. Copies of any such notices and information

7 shall be transmitted promptly to the Congress and published

8 in the Federal Register.

9 ‘‘(4) The Secretary shall make a report to Congress,

10 the affected tribe, and the designated local school board de11 scribing the process of the active consideration or review

12 referred to in paragraph (3). At a minimum, the report

13 shall include a study of the impact of such action on the

14 student population, with every effort to identify those stu15 dents with particular educational and social needs, and to

16 ensure that alternative services are available to such stu17 dents. Such report shall include the description of the con18 sultation conducted between the potential service provider,

19 current service provider, parents, tribal representative and

20 the tribe or tribes involved, and the Director of the Office

21 of Indian Education Programs within the Bureau regard22 ing such students. No irreversible action may be taken in

23 furtherance of any such proposed school closure, transfer to

24 any other authority, consolidation, or substantial curtail25 ment (including any action which would prejudice the per-
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1 sonnel or programs of such school) until the end of the first

2 full academic year after such report is made.

3 ‘‘(5) The Secretary may terminate, contract, transfer

4 to any other authority, or consolidate or substantially cur5 tail the operation or facilities of—

6 ‘‘(A) any Bureau funded school that is operated

7 on or after April 1, 1987,

8 ‘‘(B) any program of such a school that is oper9 ated on or after April 1, 1987, or

10 ‘‘(C) any school board of a school operated under

11 a grant under the Tribally Controlled Schools Act of

12 1988 (Public Law 100–297),

13 only if the tribal governing body approves such action.

14 ‘‘(i) There are hereby authorized to be appropriated

15 such sums as may be necessary, for academic program costs,

16 in order to bring all Bureau and contract schools up to

17 the level required by the applicable standards established

18 under this section.

19 ‘‘(j)(1) All schools funded by the Bureau of Indian Af20 fairs shall include within their curriculum a program of

21 instruction relating to alcohol and substance abuse preven22 tion and treatment. The Assistant Secretary shall provide

23 the technical assistance necessary to develop and implement

24 such a program for students in kindergarten and grades

25 1 through 12, at the request of—
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1 ‘‘(A) any Bureau of Indian Affairs school (sub2 ject to the approval of the school board of such school);

3 ‘‘(B) any school board of a school operating

4 under a contract entered into under the Indian Self5 Determination and Education Assistance Act (25

6 U.S.C. 450 et seq.); or

7 ‘‘(C) any school board of a school operating

8 under a grant under the Tribally Controlled Schools

9 Act of 1988 (Public Law 100–297).

10 ‘‘(2) In schools operated directly by the Bureau of In11 dian Affairs, the Secretary shall provide for—

12 ‘‘(A) accurate reporting of all incidents relating

13 to alcohol and substance abuse; and

14 ‘‘(B) individual student crisis intervention.

15 ‘‘(3) The programs requested under paragraph (1)

16 shall be developed in consultation with the Indian tribe that

17 is to be served by such program and health personnel in

18 the local community of such tribe.

19 ‘‘(4) Schools requesting program assistance under this

20 subsection are encouraged to involve family units and,

21 where appropriate, tribal elders and Native healers in such

22 instructions.

23 ‘‘(k) For purposes of this section, the term ‘tribal gov24 erning body’ means, with respect to any school, the tribal
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1 governing body, or tribal governing bodies, that represent

2 at least 90 percent of the students served by such school.

3 ‘‘(l)(1)(A) The Secretary shall only consider the factors

4 described in subparagraphs (B) and (C) in reviewing—

5 ‘‘(i) applications from any tribe for the award6 ing of a contract or grant for a school that is not a

7 Bureau funded school, and

8 ‘‘(ii) applications from any tribe or school board

9 of any Bureau funded school for—

10 ‘‘(I) a school which is not a Bureau funded

11 school; or

12 ‘‘(II) the expansion of a Bureau funded

13 school which would increase the amount of funds

14 received by the Indian tribe or school board

15 under section 6707.

16 The Secretary shall give consideration to all of such factors,

17 but none of such applications may be denied based pri18 marily upon the geographic proximity of public education.

19 ‘‘(B) The Secretary shall consider the following factors

20 relating to the program that is the subject of an application

21 described in subparagraph (A):

22 ‘‘(i) the adequacy of facilities or the potential to

23 obtain or provide adequate facilities;

24 ‘‘(ii) geographic and demographic factors in the

25 affected areas;
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1 ‘‘(iii) adequacy of the applicant’s program plans

2 or, in the case of a Bureau funded school, of projected

3 needs analysis done either by a tribe or by Bureau

4 personnel;

5 ‘‘(iv) geographic proximity of comparable public

6 education; and

7 ‘‘(v) the stated needs of all affected parties, in8 cluding (but not limited to) students, families, tribal

9 governments at both the central and local levels, and

10 school organizations.

11 ‘‘(C) The Secretary shall consider with respect to ap12 plications described in subparagraph (A) the following fac13 tors relating to all the educational services available at the

14 time the application is considered:

15 ‘‘(i) geographic and demographic factors in the

16 affected areas;

17 ‘‘(ii) adequacy and comparability of programs

18 already available;

19 ‘‘(iii) consistency of available programs with

20 tribal educational codes or tribal legislation on edu21 cation; and

22 ‘‘(iv) the history and success of these services for

23 the proposed population to be served, as determined

24 from all factors and not just standardized examina25 tion performance.
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1 ‘‘(2)(A) The Secretary shall make a determination of

2 whether to approve any application described in paragraph

3 (1)(A) by no later than the date that is 180 days after the

4 day on which such application is submitted to the Sec5 retary.

6 ‘‘(B) If the Secretary fails to make the determination

7 described in subparagraph (A) with respect to an applica8 tion by the date described in subparagraph (A), the applica9 tion shall be treated as having been approved by the Sec10 retary.

11 ‘‘(3)(A) Any application described in paragraph

12 (1)(A) may be submitted to the Secretary only if—

13 ‘‘(i) the application has been approved by the

14 tribal governing body of the students served by (or to

15 be served by) the school or program that is the subject

16 of the application, and

17 ‘‘(ii) written evidence of such approval is sub18 mitted with the application.

19 ‘‘(B) Each application described in paragraph

20 (1)(A)—

21 ‘‘(i) shall provide information concerning each of

22 the factors described in paragraph (1)(B), and

23 ‘‘(ii) may provide information concerning the

24 factors described in paragraph (1)(C).
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1 ‘‘(4) Whenever the Secretary makes a determination to

2 deny approval of any application described in paragraph

3 (1)(A), the Secretary shall—

4 ‘‘(A) state the objections in writing to the appli5 cant by no later than the date that is 180 days after

6 the day on which the application is submitted to the

7 Secretary,

8 ‘‘(B) provide assistance to the applicant to over9 come stated objections, and

10 ‘‘(C) provide the applicant a hearing, under the

11 same rules and regulations pertaining to the Indian

12 Self-Determination and Education Assistance Act,

13 and an opportunity to appeal the objections raised by

14 the Secretary.

15 ‘‘(5)(A) Except as otherwise provided in this para16 graph, the action which is the subject of any application

17 described in paragraph (1)(A) that is approved by the Sec18 retary shall become effective with the commencement of the

19 academic year succeeding the fiscal year in which the appli20 cation is approved, or at an earlier date determined by the

21 Secretary.

22 ‘‘(B) If an application is treated as having been ap23 proved by the Secretary by reason of paragraph (2)(B), the

24 action that is the subject of the application shall become

25 effective on the date that is 18 months after the date on
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1 which the application is submitted to the Secretary, or at

2 an earlier date determined by the Secretary.

3 ‘‘SEC. 6702. NATIONAL CRITERIA FOR DORMITORY SITUA4 TIONS.

5 ‘‘(a) The Secretary, in consultation with the Secretary

6 of the Department of Education, and in consultation with

7 Indian organizations and tribes, shall conduct or cause to

8 be conducted by contract with an Indian organization, a

9 study of the costs applicable to boarding arrangements for

10 Indian students provided in Bureau and contract and

11 grant schools, for the purpose of establishing national cri12 teria for such dormitory situations. Such criteria shall in13 clude adult-child ratios, needs for counselors (including spe14 cial needs related to off-reservation boarding arrange15 ments), space, and privacy.

16 ‘‘(b) No later than January 1, 1996, the Secretary

17 shall propose such criteria, and shall distribute such pro18 posed criteria to the tribes and publish such proposed cri19 teria in the Federal Register for the purpose of receiving

20 comments from the tribes and other interested parties. With21 in eighteen months of the date of the enactment of this Act,

22 the Secretary shall establish final criteria, distribute such

23 criteria to all the tribes, and publish such criteria in the

24 Federal Register. The Secretary shall revise such criteria

25 periodically as necessary. Any revisions to the standards
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1 established under this section shall be developed subject to

2 requirements established under section 6711.

3 ‘‘(c) The Secretary shall begin to implement the cri4 teria established under this section immediately upon the

5 date of their establishment. No later than January 1, 1981,

6 and at each time thereafter that the annual budget request

7 for Bureau educational services is presented, the Secretary

8 shall submit to the appropriate committees of Congress a

9 detailed plan to bring all Bureau and contract boarding

10 schools up to the criteria established under this section.

11 Such plan shall include, but not be limited to, predictions

12 for the relative need for each boarding school in the future,

13 detailed information on the status of each school in relation

14 to the criteria established under this section, specific cost

15 estimates for meeting such criteria at each school, and spe16 cific time lines for bringing each school up to the level re17 quired by such criteria.

18 ‘‘(d)(1) The criteria established under this section may

19 be waived in the same manner as the standards provided

20 under section 6701(c) may be waived under section 6701(e).

21 ‘‘(2) No school in operation on or before January 1,

22 1987 (regardless of compliance or noncompliance with the

23 criteria established under this section) may be closed, trans24 ferred to another authority, consolidated or have its pro25 gram substantially curtailed for failure to meet the criteria.
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1 ‘‘(3) By no later than May 1, 1996, the Secretary shall

2 submit to the Congress a report detailing the costs associ3 ated with, and the actions necessary for, complete compli4 ance with the criteria established under this section.

5 ‘‘(e) There are hereby authorized to be appropriated

6 such sums as may be necessary in order to bring each school

7 up to the level required by the criteria established under

8 this section.

9 ‘‘SEC. 6703. REGULATIONS.

10 ‘‘(a) The provisions of part 32 of title 25 of the Code

11 of Federal Regulations, as in effect on January 1, 1987,

12 are hereby incorporated into this Act and shall be treated

13 as though such provisions are set forth in this subsection.

14 Accordingly, such provisions may be altered only by means

15 of an amendment to this subsection that is contained in

16 an Act or joint resolution which is enacted into law. To

17 the extent that such provisions of part 32 do not conform

18 with this Act or any statutory provision of law enacted be19 fore the date of enactment of this Act, the provisions of this

20 Act and the provisions of such other statutory law shall gov21 ern.

22 ‘‘(b) The provisions of parts 31, 33, 36, 39, 42, and

23 43 of title 25 of the Code of Federal Regulations, as in effect

24 on January 1, 1987, shall be applied by the Federal Gov25 ernment and shall not, before July 1, 1989, be amended,
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1 revoked, or altered in any manner. No officer or employee

2 of the Executive Branch shall have the authority to issue

3 any other regulations, prior to July 1, 1989, that supersede,

4 supplement, or otherwise affect the provisions of such parts.

5 To the extent that the provisions of such parts do not con6 form with this Act or any statutory provision of law en7 acted before the date of enactment of this Act, the provisions

8 of this Act and the provisions of such other statutory law

9 shall govern.

10 ‘‘(c) After June 30, 1989, no regulation prescribed for

11 the application of any program provided under this title

12 shall become effective unless—

13 ‘‘(1) the regulation has been published as a pro14 posed regulation in the Federal Register,

15 ‘‘(2) an opportunity of no less than 90 days has

16 been afforded the public to comment on the published

17 proposed regulation, and

18 ‘‘(3) the regulation has, after such period for

19 public comment, been published in the Federal Reg20 ister as a final regulation.

21 ‘‘(d) For purposes of this section, the term ‘regulation’

22 means any rules, regulations, guidelines, interpretations,

23 orders, or requirements of general applicability prescribed

24 by any officer or employee of the Executive Branch.
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1 ‘‘SEC. 6704. SCHOOL BOUNDARIES.

2 ‘‘(a) The Secretary shall, in accordance with this sec3 tion, establish separate geographical attendance areas for

4 each Bureau school.

5 ‘‘(b)(1) Except as provided in paragraph (2), on or

6 after July 1, 1985, no attendance area shall be changed or

7 established with respect to any such school unless the tribal

8 governing body or the local school board concerned (if so

9 designated by the tribal governing body) has been (i) af10 forded at least six months notice of the intention of the Bu11 reau to change or establish such attendance area, and (ii)

12 given the opportunity to propose alternative boundaries.

13 Any tribe may petition the Secretary for revision of existing

14 attendance area boundaries. The Secretary shall accept such

15 proposed alternative or revised boundaries unless the Sec16 retary finds, after consultation with the affected tribe or

17 tribes, that such revised boundaries do not reflect the needs

18 of the Indian students to be served or do not provide ade19 quate stability to all of the affected programs.

20 ‘‘(2) In any case where there is more than 1 Bureau

21 funded school located on an Indian reservation, at the direc22 tion of the tribal governing body, the relevant school boards

23 of the Bureau funded schools on the reservation may, by

24 mutual consent, establish the relevant attendance areas for

25 such schools, subject to the approval of the tribal governing
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1 body. Any such boundaries so established shall be accepted

2 by the Secretary.

3 ‘‘(c) In any case where there is only 1 Bureau operated

4 program located on an Indian reservation, the attendance

5 area for the program shall be the boundaries of the reserva6 tion served, and those students residing near the reservation

7 shall also receive services from such program.

8 ‘‘(d) The Bureau of Indian Affairs shall include in the

9 final rules the requirement that each appropriate education

10 line officer coordinate and consult with the affected tribes

11 and relevant school boards in the establishment of such geo12 graphic boundaries.

13 ‘‘SEC. 6705. FACILITIES CONSTRUCTION.

14 ‘‘(a) The Secretary shall immediately begin to bring

15 all schools, dormitories, and other facilities operated by the

16 Bureau or under contract or grant with the Bureau in con17 nection with the education of Indian children into compli18 ance with all applicable Federal, tribal, or State health and

19 safety standards, whichever provide greater protection (ex20 cept that the tribal standards to be applied shall be no

21 greater than any otherwise applicable Federal or State

22 standards), and with section 504 of the Rehabilitation Act

23 of 1973 (29 U.S.C. 794) and with the Americans with Dis24 abilities Act of 1990, except that nothing in this section

25 shall require termination of the operations of any facility
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1 which does not comply with such provisions and which is

2 in use on the date of enactment of this Act.

3 ‘‘(b) By January 1, 1996, and at each time thereafter

4 that the annual budget request for Bureau educational serv5 ices is presented, the Secretary shall submit to the appro6 priate committees of Congress a detailed plan to bring such

7 facilities into compliance with such standards. Such plan

8 shall include, but not be limited to, detailed information

9 on the status of each facility’s compliance with such stand10 ards, specific cost estimates for meeting such standards at

11 each school, and specific time lines for bringing each school

12 into compliance with such standards.

13 ‘‘(c) Within six months of the date of enactment of this

14 Act, the Secretary shall submit to the appropriate commit15 tees of Congress, and publish in the Federal Register, the

16 system used to establish priorities for school construction

17 projects. At the time any budget request for school construc18 tion is presented, the Secretary shall publish in the Federal

19 Register and submit with the budget request the current list

20 of all school construction priorities.

21 ‘‘(d)(1) A Bureau school may be closed or consolidated,

22 and the programs of a Bureau school may be substantially

23 curtailed, by reason of plant conditions that constitute an

24 immediate hazard to health and safety only if a health and
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1 safety officer of the Bureau determines that such conditions

2 exist at the Bureau school.

3 ‘‘(2)(A) In making determinations described in para4 graph (1) before July 1, 1989, health and safety officers of

5 the Bureau shall use the health and safety guidelines of the

6 Bureau that were in effect on January 1, 1988.

7 ‘‘(B)(i) If—

8 ‘‘(I) the Secretary fails to publish in the Federal

9 Register in final form before July 1, 1989, and

10 ‘‘(II) action described in paragraph (1) is taken

11 after June 30, 1989, and before the date on which

12 such regulations are published in final form in the

13 Federal Register by reason of the condition of any

14 plant,

15 an inspection of the condition of such plant shall be con16 ducted by an appropriate tribal, county, municipal, or

17 State health and safety officer to determine whether condi18 tions at such plant constitute an immediate hazard to

19 health and safety. Such inspection shall be completed by

20 no later than the date that is 30 days after the date on

21 which the action described in paragraph (1) is taken.

22 ‘‘(ii) The inspection required under clause (i) shall be

23 conducted by a health and safety officer designated jointly

24 by the Secretary and the tribes affected by the action de25 scribed in paragraph (1). If the Secretary and such tribes
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1 are unable to agree on the designation of the health and

2 safety officer, the Secretary shall designate the health and

3 safety officer and shall provide notice of such designation

4 to each of such tribes before the inspection is conducted by

5 such officer.

6 ‘‘(iii) If the health and safety officer conducting an

7 inspection of a plant required under clause (i) determines

8 that conditions at the plant do not constitute an immediate

9 hazard to health and safety, any consolidation or curtail10 ment that was made by reason of conditions at the plant

11 shall immediately cease and any school closed by reason of

12 conditions at the plant shall be reopened immediately.

13 ‘‘(3) If—

14 ‘‘(A) a Bureau school is temporarily closed or

15 consolidated, or the programs of a Bureau school are

16 substantially curtailed, by reason of plant conditions

17 that constitute an immediate hazard to health and

18 safety, and

19 ‘‘(B) the Secretary estimates that the closure,

20 consolidation, or curtailment will be more than 1

21 year in duration,

22 the Secretary shall submit to the Congress, by no later than

23 the date that is 6 months after the date on which the closure,

24 consolidation, or curtailment is initiated, a report which

25 sets forth the reasons for such temporary actions and the
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1 actions the Secretary is taking to eliminate the conditions

2 that constitute the hazard.

3 ‘‘(e) There are hereby authorized to be appropriated

4 such sums as may be necessary to carry out subsection (a).

5 ‘‘SEC. 6706. BUREAU OF INDIAN AFFAIRS EDUCATION FUNC6 TIONS.

7 ‘‘(a) The Secretary shall vest in the Assistant Sec8 retary for Indian Affairs all functions with respect to for9 mulation and establishment of policy and procedure, and

10 supervision of programs and expenditures of Federal funds

11 for the purpose of Indian education administered by the

12 Bureau. The Assistant Secretary shall carry out such func13 tions through the Director of the Office of Indian Edu14 cation.

15 ‘‘(b) The Director of the Office shall direct and super16 vise the operations of all personnel directly and substan17 tially involved with provision of education services by the

18 Bureau, including (but not limited to) school or institution

19 custodial or maintenance personnel. The Assistant Sec20 retary for Indian Affairs shall provide for the adequate co21 ordination between the affected Bureau Offices and the Of22 fice to facilitate the consideration of all contract functions

23 relating to education. Except as required by section

24 6709(d), nothing in this Act shall be construed to require
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1 the provision of separate support services for Indian edu2 cation.

3 ‘‘(c) Education personnel who are under the direction

4 and supervision of the Director of the Office in accordance

5 with the first sentence of subsection (b) shall—

6 ‘‘(1) monitor and evaluate Bureau education

7 programs,

8 ‘‘(2) provide all services and support functions

9 for education programs with respect to personnel mat10 ters involving staffing actions and functions, and

11 ‘‘(3) provide technical and coordinating assist12 ance in areas such as procurement, contracting, budg13 eting, personnel, and curriculum.

14 ‘‘(d)(1) The Assistant Secretary shall submit in the an15 nual Budget a plan—

16 ‘‘(A) for school facilities to be constructed under

17 the system required by section 6705(c);

18 ‘‘(B) for establishing priorities among projects

19 and for the improvement and repair of education fa20 cilities, which together shall form the basis for the dis21 tribution of appropriated funds; and

22 ‘‘(C) including a 5-year plan for capital im23 provements.

24 ‘‘(2) The Assistant Secretary shall establish a program,

25 including the distribution of appropriated funds, for the op-
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1 eration and maintenance of education facilities. Such pro2 gram shall include, but not be limited to—

3 ‘‘(A) a method of computing the amount nec4 essary for each education facility;

5 ‘‘(B) similar treatment of all Bureau funded

6 schools;

7 ‘‘(C) a notice of an allocation of appropriated

8 funds from the Director of the Office directly to the

9 appropriate education line officers; and

10 ‘‘(D) a system for the conduct of routine preven11 tive maintenance.

12 The appropriate education line officers shall make arrange13 ments for the maintenance of education facilities with the

14 local supervisors of the Bureau maintenance personnel who

15 are under the authority of the agency superintendent or

16 area directors, respectively. The local supervisors of Bureau

17 maintenance personnel shall take appropriate action to im18 plement the decisions made in this regard by the appro19 priate education line officers, except that no funds from this

20 program may be authorized for expenditure unless such ap21 propriate education line officer is assured that the necessary

22 maintenance has been, or will be, provided in a reasonable

23 manner. Subject to the requirements of subsection (b) of this

24 section, nothing in this Act shall be construed to require
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1 the provision of separate operations and maintenance per2 sonnel for the Office.

3 ‘‘(3) The requirements of this subsection shall be imple4 mented no later than July 1, 1995.

5 ‘‘(e) Any other provision of law notwithstanding, the

6 Director shall promulgate guidelines for the establishment

7 of mechanisms for the acceptance of gifts and bequests for

8 the use of, and benefit of, particular schools or designated

9 Bureau operated education programs, including, where ap10 propriate, the establishment and administration of trust

11 funds. When a Bureau operated program is the beneficiary

12 of such a gift or bequest, the Director shall make provisions

13 for monitoring its use, and shall report to the appropriate

14 committees of Congress the amount and terms of such gift

15 and bequest, the use to which it is put, and any positive

16 results achieved by such action.

17 ‘‘(f) For the purpose of this section the term ‘functions’

18 includes powers and duties.

19 ‘‘SEC. 6707. ALLOTMENT FORMULA.

20 ‘‘(a) The Secretary shall establish, by regulation adopt21 ed in accordance with section 6719, a formula for determin22 ing the minimum annual amount of funds necessary to sus23 tain each Bureau funded school. In establishing such for24 mula, the Secretary shall consider—
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1 ‘‘(1) the number of eligible Indian students

2 served and size of the school;

3 ‘‘(2) special cost factors, such as—

4 ‘‘(A) isolation of the school;

5 ‘‘(B) need for special staffing, transpor6 tation, or educational programs;

7 ‘‘(C) food and housing costs;

8 ‘‘(D) maintenance and repair costs associ9 ated with the physical condition of the edu10 cational facilities;

11 ‘‘(E) special transportation and other costs

12 of isolated and small schools;

13 ‘‘(F) the costs of boarding arrangements,

14 where determined necessary by a tribal govern15 ing body or designated local school board;

16 ‘‘(G) costs associated with greater lengths of

17 service by educational personnel; and

18 ‘‘(H) special programs for gifted and tal19 ented students;

20 ‘‘(3) the cost of providing academic services

21 which are at least equivalent to those provided by

22 public schools in the State in which the school is lo23 cated; and

24 ‘‘(4) such other relevant factors as the Secretary

25 determines are appropriate.
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1 Upon the establishment of the standards required by sec2 tions 6701 and 6702 of this Act, the Secretary shall revise

3 the formula established under this subsection to reflect the

4 cost and funding standards so established. Prior to January

5 1, 1995, the Secretary shall review the formula established

6 under this section and shall take such steps as may be nec7 essary to increase the availability of counseling services for

8 students in off-reservation boarding schools and other Bu9 reau operated residential facilities. Concurrent with such

10 action, the Secretary shall review the standards established

11 under section 6701 of this title to be certain that adequate

12 provision is made for parental notification regarding, and

13 consent for, such counseling services.

14 ‘‘(b) Notwithstanding any other provisions of law,

15 Federal funds appropriated for the general local operation

16 of Bureau funded schools, shall be allotted pro rata in ac17 cordance with the formula established under subsection (a).

18 ‘‘(c)(1) For fiscal year 1990, and for each subsequent

19 fiscal year, the Secretary shall adjust the formula estab20 lished under subsection (a) to—

21 ‘‘(A) use a weighted unit of 1.2 for each eligible

22 Indian student enrolled in the seventh and eighth

23 grades of the school in considering the number of eli24 gible Indian students served by the school;
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1 ‘‘(B) consider a school with an enrollment of less

2 than 50 eligible Indian students as having an average

3 daily attendance of 50 eligible Indian students for

4 purposes of implementing the adjustment factor for

5 small schools; and

6 ‘‘(C) take into account the provision of residen7 tial services on a less than 9-month basis at a school

8 when the school board and supervisor of the school de9 termine that a less than 9-month basis will be imple10 mented for the school year involved.

11 ‘‘(2)(A) The Secretary shall reserve for national school

12 board training 0.2 percent of the funds appropriated for

13 each fiscal year for distribution under this section. Such

14 training shall be conducted through the same organizations

15 through which, and in the same manner in which, the

16 training was conducted in fiscal year 1992. If the contract

17 for such training is not awarded before May 1 of each fiscal

18 year, the contract under which such training was provided

19 for the fiscal year preceding such fiscal year shall be re20 newed by the Secretary for such fiscal year. The agenda

21 for the training sessions shall be established by the school

22 boards through their regional or national organizations.

23 ‘‘(B) For each year in which the Secretary uses a

24 weighted unit formula established under subsection (a) to

25 fund Bureau schools, a Bureau school which generates less
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1 than 168 weighted units shall receive an additional 2

2 weighted units to defray school board activities.

3 ‘‘(C) From the funds allotted in accordance with the

4 formula established under subsection (a) for each Bureau

5 school, the local school board of such school may reserve an

6 amount which does not exceed the greater of—

7 ‘‘(i) $5,000, or

8 ‘‘(ii) the lesser of—

9 ‘‘(I) $15,000, or

10 ‘‘(II) 1 percent of such allotted funds,

11 for school board activities for such school, including but not

12 limited to, and notwithstanding any other provision of law,

13 meeting expenses and the cost of membership in, and sup14 port of, organizations engaged in activities on behalf of In15 dian education.

16 ‘‘(3)(A) The Secretary shall adjust the formula estab17 lished under subsection (a) to use a weighted unit of 2.0

18 for each eligible Indian student that—

19 ‘‘(i) is gifted and talented (as determined pursu20 ant to section 6204 of the Indian Education Act of

21 1988), and

22 ‘‘(ii) is enrolled in the school on a full-time

23 basis,

24 in considering the number of eligible Indian students served

25 by the school.
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1 ‘‘(B) The adjustment required under subparagraph (A)

2 shall be used for the later of the following fiscal years and

3 for each fiscal year succeeding such later fiscal year:

4 ‘‘(i) the second fiscal year succeeding the fiscal

5 year in which the Secretary of Education makes the

6 report required under section 6204(c)(6)(B) of the In7 dian Education Act of 1988, or

8 ‘‘(ii) the first fiscal year for which an increase

9 in the amount of funds appropriated for allotment

10 under this section is designated by the law that ap11 propriates such funds as the amount necessary to im12 plement such adjustment without reducing allotments

13 made under this section to any school.

14 ‘‘(d) The Secretary shall reserve from the funds avail15 able for distribution for each fiscal year under this section

16 an amount which, in the aggregate, shall equal 1 percent

17 of the funds available for such purpose for that fiscal year.

18 Such funds shall be used, at the discretion of the Director

19 of the Office, to meet emergencies and unforeseen contin20 gencies affecting the education programs funded under this

21 section. Funds reserved under this subsection may only be

22 expended for education services or programs at a schoolsite

23 (as defined in section 5204(c)(2) of the Tribally Controlled

24 Schools Act of 1988). Funds reserved under this subsection

25 shall remain available without fiscal year limitation until
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1 expended. However, the aggregate amount available from all

2 fiscal years may not exceed 1 percent of the current year

3 funds. Whenever the Secretary makes funds available under

4 this subsection, the Secretary shall report such action to the

5 appropriate committees of Congress within the annual

6 budget submission.

7 ‘‘(e) Supplemental appropriations enacted to meet in8 creased pay costs attributable to school level personnel shall

9 be distributed under this section.

10 ‘‘(f) In this section ‘eligible Indian student’ means a

11 student who—

‘‘(1) is a member of or is at least a 1 12 ⁄4 degree

13 Indian blood descendant of a member of an Indian

14 tribe which is eligible for the special programs and

15 services provided by the United States through the

16 Bureau of Indian Affairs to Indians because of their

17 status as Indians, and

18 ‘‘(2) resides on or near an Indian reservation or

19 meets the criteria for attendance at a Bureau off-res20 ervation boarding school.

21 ‘‘(g)(1) An eligible Indian student may not be charged

22 tuition for attendance at a Bureau or contract school. A

23 student attending a Bureau school under clause (2)(C) of

24 this subsection may not be charged tuition.
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1 ‘‘(2) The Secretary may permit the attendance at a

2 Bureau school of a student who is not an eligible Indian

3 student if—

4 ‘‘(A) the Secretary determines that the student’s

5 attendance will not adversely affect the school’s pro6 gram for eligible Indian students because of cost, over7 crowding, or violation of standards,

8 ‘‘(B) the school board consents, and

9 ‘‘(C) the student is a dependent of a Bureau, In10 dian Health Service, or tribal government employee

11 who lives on or near the school site, or

12 ‘‘(D) a tuition is paid for the student that is not

13 more than that charged by the nearest public school

14 district for out-of-district students. The tuition col15 lected is in addition to the school’s allocation under

16 this section.

17 ‘‘(3) The school board of a contract school or grant

18 school may permit students who are not eligible Indian stu19 dents under this subsection to attend its contract school or

20 grant school and any tuition collected for those students is

21 in addition to funding under this section.

22 ‘‘(h)(1) The Secretary shall conduct, through contact

23 or cooperative agreement with an entity having proven ex24 pertise in the field of school finance, and after consultation

25 with tribes and national Indian organizations, a study to
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1 determine the feasibility and desirability of changing the

2 method of financing for Bureau funded schools from the

3 weighted student unit formula method in effect on the date

4 of enactment of this Act to a school based budget system

5 of financing. The Assistant Secretary shall take such steps

6 as are necessary to immediately implement this provision.

7 ‘‘(2) For the purposes of this study, the term ‘school8 based budget system’ means a system based upon an initial

9 determination, at each school site, of the number of students

10 who shall be served at the site, the needs of those students,

11 the standards which will best meet those needs (including

12 any standards or conditions reflecting local community

13 input and the program developed under this part), the per14 sonnel profile necessary to establish such program and the

15 cost (determined on an actual basis) of funding such a pro16 gram. Such a system would include procedures to aggregate

17 the determinations for each school site to determine the

18 amount needed to fund all Bureau-funded schools, to pre19 pare a budget submission based upon such aggregate and

20 would provide for a mechanism for distributing such sums

21 as may be appropriated based upon the determination at

22 each school site.

23 ‘‘(3) No later than January 20, 1996, the Secretary

24 shall transmit to the Committees on Education and Labor

25 and Appropriations of the House of Representatives and the
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1 Committees on Indian Affairs and Appropriations of the

2 Senate of the United States the study required under this

3 subsection, along with any views or comments of the Sec4 retary on such study.

5 ‘‘(i) Any other provision of law notwithstanding, at

6 the election of the school board made at any time during

7 the fiscal year, a portion equal to no more than 15 percent

8 of the funds allocated with respect to a school under this

9 section for any fiscal year shall remain available to the

10 school for expenditure without fiscal year limitation. The

11 Assistant Secretary shall take steps as may be necessary

12 to implement this provision immediately.

13 ‘‘(j) Tuition for the out-of-State students boarding at

14 the Richfield Dormitory in Richfield, Utah, who attend

15 Sevier County high schools in Richfield, Utah, may be paid

16 from the Indian School Equalization Program funds at a

17 rate not to exceed the amount per Weighted Student Unit

18 for that year for instruction. No additional administrative

19 cost funds will be added to the grant.

20 ‘‘SEC. 6708. ADMINISTRATIVE COST GRANTS.

21 ‘‘(a)(1) The Secretary shall, subject to the availability

22 of appropriated funds, provide grants to each tribe or tribal

23 organization operating a contract or grant school in the

24 amount determined under this section with respect to the

25 tribe or tribal organization for the purpose of paying the
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1 administrative and indirect costs incurred in operating

2 contract schools in order to—

3 ‘‘(A) enable tribes and tribal organizations oper4 ating such schools, without reducing direct program

5 services to the beneficiaries of the program, to provide

6 all related administrative overhead services and oper7 ations necessary to meet the requirements of law and

8 prudent management practice, and

9 ‘‘(B) carry out other necessary support functions

10 which would otherwise be provided by the Secretary

11 or other Federal officers or employees, from resources

12 other than direct program funds, in support of com13 parable Bureau operated programs.

14 ‘‘(2) Amounts appropriated to fund the grants pro15 vided under this section shall be in addition to, and shall

16 not reduce, the amounts appropriated for the program being

17 administered by the contract schools.

18 ‘‘(b)(1) The amount of the grant provided to each tribe

19 or tribal organization under this section for each fiscal year

20 shall be determined by applying the administrative cost

21 percentage rate of the tribe or tribal organization to the

22 aggregate of the Bureau elementary and secondary func23 tions operated by the tribe or tribal organization for which

24 funds are received from or through the Bureau. The admin25 istrative cost percentage rate determined under subsection
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1 (c) does not apply to other programs operated by the tribe

2 or tribal organization.

3 ‘‘(2) The Secretary shall—

4 ‘‘(A) reduce the amount of the grant determined

5 under paragraph (1) to the extent that payments for

6 administrative costs are actually received by an In7 dian tribe or tribal organization under any Federal

8 education program included in the direct cost base of

9 the tribe or tribal organization, and

10 ‘‘(B) take such actions as may be necessary to be

11 reimbursed by any other department or agency of the

12 Federal Government for the portion of grants made

13 under this section for the costs of administering any

14 program for Indians that is funded by appropriations

15 made to such other department or agency.

16 ‘‘(c) For purposes of this section, the administrative

17 cost percentage rate for a contract or grant school for a fis18 cal year is equal to the percentage determined by divid19 ing—

20 ‘‘(1) the sum of—

21 ‘‘(A) the amount equal to—

22 ‘‘(i) the direct cost base of the tribe or

23 tribal organization for the fiscal year, mul24 tiplied by

25 ‘‘(ii) the minimum base rate, plus
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1 ‘‘(B) the amount equal to—

2 ‘‘(i) the standard direct cost base, mul3 tiplied by

4 ‘‘(ii) the maximum base rate, by

5 ‘‘(2) the sum of—

6 ‘‘(A) the direct cost base of the tribe or trib7 al organization for the fiscal year, plus

8 ‘‘(B) the standard direct cost base.

9 The administrative cost percentage rate shall be determined

to the 1 10 ⁄100 of a decimal point.

11 ‘‘(d)(1)(A) Funds received by a tribe or contract or

12 grant school as grants under this section for tribal elemen13 tary or secondary educational programs may be combined

14 by the tribe or contract school into a single administrative

15 cost account without the necessity of maintaining separate

16 funding source accounting.

17 ‘‘(B) Indirect cost funds for programs at the school

18 which share common administrative services with tribal ele19 mentary or secondary educational programs may be in20 cluded in the administrative cost account described in sub21 paragraph (A).

22 ‘‘(2) Funds received as grants under this section with

23 respect to tribal elementary or secondary education pro24 grams shall remain available to the contract or grant school

25 without fiscal year limitation and without diminishing the
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1 amount of any grants otherwise payable to the school under

2 this section for any fiscal year beginning after the fiscal

3 year for which the grant is provided.

4 ‘‘(3) Funds received as grants under this section for

5 Bureau funded programs operated by a tribe or tribal orga6 nization under a contract or agreement shall not be taken

7 into consideration for purposes of indirect cost

8 underrecovery and overrecovery determinations by any Fed9 eral agency for any other funds, from whatever source de10 rived.

11 ‘‘(4) In applying this section and section 106 of the

12 Indian Self-Determination and Education Assistance Act

13 with respect to an Indian tribe or tribal organization

14 that—

15 ‘‘(A) receives funds under this section for admin16 istrative costs incurred in operating a contract school

17 or a school operated under the Tribally Controlled

18 Schools Act of 1988, and

19 ‘‘(B) operates 1 or more other programs under a

20 contract or grant provided under the Indian Self-De21 termination and Education Assistance Act,

22 the Secretary shall ensure that the Indian tribe or tribal

23 organization is provided with the full amount of the admin24 istrative costs, and of the indirect costs, that are associated

25 with operating the contract school, a school operated under
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1 the Tribally Controlled Schools Act of 1988, and all of such

2 other programs, except that funds appropriated for imple3 mentation of this section shall be used only to supply the

4 amount of the grant required to be provided by this section.

5 ‘‘(e) For purposes of this section—

6 ‘‘(1)(A) The term ‘administrative cost’ means the

7 costs of necessary administrative functions which—

8 ‘‘(i) the tribe or tribal organization incurs

9 as a result of operating a tribal elementary or

10 secondary educational program,

11 ‘‘(ii) are not customarily paid by com12 parable Bureau operated programs out of direct

13 program funds, and

14 ‘‘(iii) are either—

15 ‘‘(I) normally provided for comparable

16 Bureau programs by Federal officials using

17 resources other than Bureau direct program

18 funds, or

19 ‘‘(II) are otherwise required of tribal

20 self-determination program operators by

21 law or prudent management practice.

22 ‘‘(B) The term ‘administrative cost’ may include,

23 but is not necessarily limited to—

24 ‘‘(i) contract (or other agreement) adminis25 tration;
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1 ‘‘(ii) executive, policy, and corporate leader2 ship and decisionmaking;

3 ‘‘(iii) program planning, development, and

4 management;

5 ‘‘(iv) fiscal, personnel, property, and pro6 curement management;

7 ‘‘(v) related office services and record keep8 ing; and

9 ‘‘(vi) costs of necessary insurance, auditing,

10 legal, safety and security services.

11 ‘‘(2) The term ‘Bureau elementary and second12 ary functions’ means—

13 ‘‘(A) all functions funded at Bureau schools

14 by the Office of Indian Education Programs of

15 the Bureau;

16 ‘‘(B) all programs—

17 ‘‘(i) funds for which are appropriated

18 to other agencies of the Federal Government,

19 and

20 ‘‘(ii) which are administered for the

21 benefit of Indians through Bureau schools;

22 and

23 ‘‘(C) all operation, maintenance, and repair

24 funds for facilities and government quarters used

25 in the operation or support of elementary and
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1 secondary education functions for the benefit of

2 Indians, from whatever source derived.

3 ‘‘(3) The term ‘tribal elementary or secondary

4 educational programs’ means all Bureau elementary

5 and secondary functions, together with any other Bu6 reau programs or portions of programs (excluding

7 funds for social services that are appropriated to

8 agencies other than the Bureau and are expended

9 through the Bureau, funds for major subcontracts,

10 construction, and other major capital expenditures,

11 and unexpended funds carried over from prior years)

12 which share common administrative cost functions,

13 that are operated directly by a tribe or tribal organi14 zation under a contract or agreement with the Bu15 reau.

16 ‘‘(4)(A) Except as otherwise provided in this

17 paragraph, the direct cost base of a tribe or tribal or18 ganization for the fiscal year is the aggregate direct

19 cost program funding for all tribal elementary or sec20 ondary educational programs operated by the tribe or

21 tribal organization during—

22 ‘‘(i) the second fiscal year preceding such

23 fiscal year, or

24 ‘‘(ii) if such programs have not been oper25 ated by the tribe or tribal organization during
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1 the 2 preceding fiscal years, the first fiscal year

2 preceding such fiscal year.

3 ‘‘(B) In the case of Bureau elementary or second4 ary education functions which have not previously

5 been operated by a tribe or tribal organization under

6 contract or agreement with the Bureau, the direct cost

7 base for the initial year shall be the projected aggre8 gate direct cost program funding for all Bureau ele9 mentary and secondary functions to be operated by

10 the tribe or tribal organization during that fiscal

11 year.

12 ‘‘(5) The term ‘maximum base rate’ means 50

13 percent.

14 ‘‘(6) The term ‘minimum base rate’ means 11

15 percent.

16 ‘‘(7) The term ‘standard direct cost base’ means

17 $600,000.

18 ‘‘(f)(1) Upon the enactment of the Indian Education

19 Amendments of 1988, the Secretary shall—

20 ‘‘(A) conduct such studies as may be needed to

21 establish an empirical basis for determining relevant

22 factors substantially affecting the required adminis23 trative costs of tribal elementary and secondary edu24 cational programs, using the formula set forth in sub25 section (c), and
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1 ‘‘(B) a study to determine—

2 ‘‘(i) a maximum base rate which ensures

3 that the amount of the grants provided under

4 this section will provide adequate (but not exces5 sive) funding of the administrative costs of the

6 smallest tribal elementary or secondary edu7 cational programs,

8 ‘‘(ii) a minimum base rate which ensures

9 that the amount of the grants provided under

10 this section will provide adequate (but not exces11 sive) funding of the administrative costs of the

12 largest tribal elementary or secondary edu13 cational programs, and

14 ‘‘(iii) a standard direct cost base which is

15 the aggregate direct cost funding level for which

16 the percentage determined under subsection (c)

17 will—

18 ‘‘(I) be equal to the median between the

19 maximum base rate and the minimum base

20 rate, and

21 ‘‘(II) ensure that the amount of the

22 grants provided under this section will pro23 vide adequate (but not excessive) funding of

24 the administrative costs of tribal elementary
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1 or secondary educational programs closest

2 to the size of the program.

3 ‘‘(2) The studies required under paragraph (1) shall—

4 ‘‘(A) be conducted in full consultation (in ac5 cordance with section 1130) with—

6 ‘‘(i) the tribes and tribal organizations that

7 are affected by the application of the formula set

8 forth in subsection (c), and

9 ‘‘(ii) all national and regional Indian orga10 nizations of which such tribes and tribal organi11 zations are typically members;

12 ‘‘(B) be conducted on-site at a representative sta13 tistical sample of the tribal elementary or secondary

14 educational programs under a contract entered into

15 with a nationally reputable public accounting and

16 business consulting firm;

17 ‘‘(C) take into account the availability of skilled

18 labor, commodities, business and automatic data

19 processing services, related Indian preference and In20 dian control of education requirements, and any other

21 market factors found substantially to affect the ad22 ministrative costs and efficiency of each such tribal

23 elementary or secondary educational program studied

24 in order to assure that all required administrative ac25 tivities can reasonably be delivered in a cost effective
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1 manner for each such program, given an administra2 tive cost allowance generated by the values, percent3 ages, or other factors found in the studies to be rel4 evant in such formula;

5 ‘‘(D) identify, and quantify in terms of percent6 ages of direct program costs, any general factors aris7 ing from geographic isolation, or numbers of pro8 grams administered, independent of program size fac9 tors used to compute a base administrative cost per10 centage in such formula; and

11 ‘‘(E) identify any other incremental cost factors

12 substantially affecting the costs of required adminis13 trative cost functions at any of the tribal elementary

14 or secondary educational programs studied and deter15 mine whether the factors are of general applicability

16 to other such programs, and (if so) how they may ef17 fectively be incorporated into such formula.

18 ‘‘(3) In carrying out the studies required under this

19 subsection, the Secretary shall obtain the input of, and af20 ford an opportunity to participate to, the Inspector General

21 of the Department of the Interior.

22 ‘‘(4) Determinations described in paragraph (2)(C)

23 shall be based on what is pragmatically possible to do at

24 each location studied, given prudent management practice,

25 irrespective of whether required administrative services
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1 were actually or fully delivered at these sites, or other serv2 ices were delivered instead, during the period of the study.

3 ‘‘(5) Upon completion of the studies conducted under

4 paragraph (1), but in no case later than October 1, 1989,

5 the Secretary shall submit to the Congress a report on the

6 findings of the studies, together with determinations based

7 upon such findings that would affect the definitions of terms

8 used in the formula that is set forth in subsection (c).

9 ‘‘(6) The Secretary shall include in the Bureau’s jus10 tification for each appropriations request for each fiscal

11 year beginning after fiscal year 1989, a projection of the

12 overall costs associated with the formula set forth in sub13 section (c) for all tribal elementary or secondary edu14 cational programs which the Secretary expects to be funded

15 in the fiscal year for which the appropriations are sought.

16 ‘‘(7) For purposes of this subsection, the size of tribal

17 elementary or secondary educational programs is deter18 mined by the aggregate direct cost program funding level

19 for all Bureau funded programs which share common ad20 ministrative cost functions.

21 ‘‘(g)(1) There are authorized to be appropriated for

22 each fiscal year such sums as may be necessary to carry

23 out the provisions of this section.

24 ‘‘(2) If the total amount of funds necessary to provide

25 grants to tribes and tribal organizations in the amounts
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1 determined under subsection (b) for a fiscal year exceeds

2 the amount of funds appropriated to carry out this section

3 for such fiscal year, the Secretary shall reduce the amount

4 of each grant determined under subsection (b) for such fiscal

5 year by an amount that bears the same relationship to such

6 excess as the amount of such grant determined under sub7 section (b) bears to the total of all grants determined under

8 subsection (b) for all tribes and tribal organizations for such

9 fiscal year.

10 ‘‘(h)(1) Notwithstanding any other provision of this

11 section, the amount of the grants provided under this sec12 tion for fiscal year 1989 shall—

13 ‘‘(A) in lieu of being determined under sub14 section (b), be determined for each tribal elementary

15 or secondary educational program on the same basis

16 that indirect costs were determined for such programs

17 for fiscal year 1988, and

18 ‘‘(B) be subject to the provisions of subsection

19 (d).

20 ‘‘(2) Notwithstanding any other provision of this sec21 tion, the amount of the grant provided under this section

22 for fiscal year 1990 with respect to each tribal elementary

23 and secondary educational program that was operated by

24 a tribe or tribal organization in fiscal year 1989 shall be

25 equal to—
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1 ‘‘(A) if the amount of the grant determined

2 under subsection (b) for fiscal year 1990 with respect

3 to such program exceeds the amount received by the

4 tribe or tribal organization with respect to such pro5 gram for administrative costs for fiscal year 1988 (or

6 fiscal year 1989 if such program was not operated by

7 the tribe or tribal organization during fiscal year

8 1988), the sum of—

9 ‘‘(i) such amount received, plus

‘‘(ii) 1 10 ⁄3 of the excess of—

11 ‘‘(I) such amount determined under

12 subsection (b), over

13 ‘‘(II) such amount received, or

14 ‘‘(B) if such amount received exceeds such

15 amount determined under subsection (b), the excess

16 of—

17 ‘‘(i) such amount received, over

‘‘(ii) an amount equal to 1 18 ⁄3 of the excess

19 of—

20 ‘‘(I) such amount received, over

21 ‘‘(II) such amount determined under

22 subsection (b).

23 ‘‘(3) Notwithstanding any other provision of this sec24 tion, the amount of the grants provided under this section

25 for fiscal year 1991 with respect to each tribal elementary
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1 and secondary educational program that was operated by

2 a tribe or tribal organization in fiscal year 1989 shall be

3 equal to—

4 ‘‘(A) if the amount of the grant determined

5 under subsection (b) for fiscal year 1991 with respect

6 to such program exceeds the amount received by the

7 tribe or tribal organization with respect to such pro8 gram for administrative costs for fiscal year 1990, the

9 sum of—

10 ‘‘(i) such amount received, plus

‘‘(ii) 1 11 ⁄2 of the excess of—

12 ‘‘(I) such amount determined under

13 subsection (b), over

14 ‘‘(II) such amount received, or

15 ‘‘(B) if such amount received exceeds such

16 amount determined under subsection (b), the excess

17 of—

18 ‘‘(i) such amount received, over

‘‘(ii) an amount equal to 1 19 ⁄2 of the excess

20 of—

21 ‘‘(I) such amount received over,

22 ‘‘(II) such amount determined under

23 subsection (b).
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1 ‘‘(i) The provisions of this section shall also apply to

2 those schools operating under the Tribally Controlled

3 Schools Act of 1988.

4 ‘‘SEC. 6709. BUDGET PREPARATION AND SUBMISSION.

5 ‘‘(a) For each fiscal year beginning after October 1,

6 1994, and ending before October 1, 1998, the Secretary shall

7 enter into an interagency agreement with the Secretary of

8 Education for the purpose of carrying out this section. The

9 Secretary shall take such actions as are necessary to trans10 fer information requested by the Secretary of Education or

11 the entity designated under subsection (b) of this section

12 needed to carry out this section in a timely and accurate

13 fashion.

14 ‘‘(b) The Secretary of Education, through the National

15 Center for Education Statistics, shall prepare and submit

16 to Congress the study set forth in subsection (c) of this sec17 tion no later than January 20, 1995, and January 20 of

18 each of the next 3 succeeding years. The Secretary of Edu19 cation shall transmit the report directly and without sub20 stantive amendment to the Secretary of the Interior, the As21 sistant Secretary for Indian Affairs of the Department of

22 the Interior, and the Committees on Education and Labor

23 and Appropriations of the House of Representatives and the

24 Committees on Indian Affairs and Appropriations of the

25 Senate of the United States.
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1 ‘‘(c)(1) The National Center for Educational Statistics

2 (hereinafter referred to as the ‘Center’) shall prepare for

3 each of the fiscal years covered under subsection (a) of this

4 section a report on the amount needed to achieve academic

5 and residential programs set forth in this part for Bureau6 funded schools funded under section 6707. Such study shall

7 be based on (A) the standards developed and implemented

8 for Bureau-funded schools under section 6701 and 6702 of

9 this part or such other standards as may apply to Bureau10 funded contract schools or schools funded under the Tribally

11 Controlled Schools Act of 1988, (B) the student count and

12 characteristics of such schools, as determined pursuant to

13 the formula developed and implemented pursuant to section

14 6707 of this part for the preceding academic year, adjusted

15 for any changes in student demographics which the Center

16 may project, (C) the employee statistics with respect to such

17 schools for the preceding fiscal year, and (D) such other fac18 tors as the Center may set forth, including but not limited

19 to age or physical condition of the schools and changes in

20 isolation.

21 ‘‘(2) Each study shall include a total projected cost for

22 attaining the standards set forth under paragraph (1), and

23 shall presume compliance with those standards. Such study

24 shall also include a projection of the cost for meeting such

25 standards for each Bureau-funded school. Such study shall
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1 also include a report on any shortfall in the amount needed

2 to fund Bureau-funded schools, as determined by the study

3 conducted pursuant to this section and the appropriations

4 amount requested and enacted for the period covered by the

5 study.

6 ‘‘(d)(1) Within 24 months of the date of enactment of

7 this Act, the Secretary shall establish within the Office of

8 Indian Education Programs a Division of Budget Analysis

9 (hereinafter referred to as the ‘Division’). Such Division

10 shall be under the direct supervision and control of the Di11 rector of the Office.

12 ‘‘(2) The Division shall have the capacity to conduct

13 such studies, surveys, or other activities as are necessary

14 to gather demographic information on Bureau-funded

15 schools (current and future) and project the amount nec16 essary to provide Indian students in such schools the edu17 cational program set forth in this part.

18 ‘‘(3) The Division shall prepare projections on such

19 amounts, along with such other information as the Director

20 of the Office shall require, for each fiscal year beginning

21 after October 1, 1996. The Director of the Office and the

22 Assistant Secretary for Indian Affairs shall use such reports

23 when preparing their annual budget submissions.
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1 ‘‘SEC. 6710. UNIFORM DIRECT FUNDING AND SUPPORT.

2 ‘‘(a)(1) Within six months after the date of enactment

3 of this Act, the Secretary shall establish, by regulation

4 adopted in accordance with section 6719, a system for the

5 direct funding and support of all Bureau-funded schools.

6 Such system shall allot funds, in accordance with section

7 6707. Amounts appropriated for distribution under this

8 section may be made available under paragraph (2) or

9 under paragraph (3), as provided in the appropriation Act.

10 ‘‘(2)(A) For the purpose of affording adequate notice

11 of funding available pursuant to the allotments made by

12 section 6707, amounts appropriated in an appropriation

13 Act for any fiscal year shall become available for obligation

14 by the affected schools on July 1 of the fiscal year in which

15 they are appropriated without further action by the Sec16 retary, and shall remain available for obligation through

17 the succeeding fiscal year.

18 ‘‘(B) The Secretary shall, on the basis of the amount

19 appropriated in accordance with this paragraph—

20 ‘‘(i) publish, on July 1 preceding the fiscal year

21 for which the funds are appropriated, allotments to

22 each affected school made under section 6707 of 85

23 percent of such appropriation; and

24 ‘‘(ii) publish, no later than September 30 of such

25 preceding fiscal year, the allotments to be made under

26 section 6707 of the remaining 15 percent of such ap-
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1 propriation, adjusted to reflect actual student attend2 ance.

3 ‘‘(3) Notwithstanding any law or regulation, the su4 pervisor of a Bureau school may expend an aggregate of

5 no more than $35,000 of the amount allotted the school

6 under section 6707 to acquire supplies and equipment for

7 the school without competitive bidding if—

8 ‘‘(A) the cost for any single item purchased does

9 not exceed $10,000;

10 ‘‘(B) the school board approves the procurement;

11 ‘‘(C) the supervisor certifies that the cost is fair

12 and reasonable;

13 ‘‘(D) the documents relating to the procurement

14 executed by the supervisor or other school staff cite

15 this paragraph as authority for the procurement; and

16 ‘‘(E) the transaction is documented in a journal

17 maintained at the school clearly identifying when the

18 transaction occurred, what was acquired and from

19 whom, the prices paid, the quantities acquired, and

20 any other information the supervisor or school board

21 considers relevant.

22 The Director shall be responsible for determining the appli23 cation of this paragraph, including the authorization of

24 specific individuals to carry out this authority, and shall
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1 be responsible for the provision of guidelines on the use of

2 this authority and adequate training on such guidelines.

3 ‘‘(4) If a sequestration order issued under the Balanced

4 Budget and Emergency Deficit Control Act of 1985 reduces

5 the amount of funds available for allotment under section

6 6707 for any fiscal year by more than 7 percent of the

7 amount of funds available for allotment under such section

8 during the preceding fiscal year—

9 ‘‘(A) the Secretary may, notwithstanding any

10 other provision of law, use—

11 ‘‘(i) funds appropriated for the operation of

12 any Bureau school that is closed or consolidated,

13 and

14 ‘‘(ii) funds appropriated for any program

15 that has been curtailed at any Bureau school,

16 to fund allotments made under section 6707, and

17 ‘‘(B) the Secretary may waive the application of

18 the provisions of section 6701(h) with respect to the

19 closure or consolidation of a school, or the curtailment

20 of a program at a school, during such fiscal year if

21 the funds described in clauses (i) and (ii) of subpara22 graph (A) with respect to such school are used to fund

23 allotments made under section 6707 for such fiscal

24 year.
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1 ‘‘(b) In the case of all Bureau schools, allotted funds

2 shall be expended on the basis of local financial plans which

3 shall be prepared by the local school supervisor in active

4 consultation with the local school board for each school, and

5 the local school board for each school shall have the author6 ity to ratify, reject, or amend such financial plan, and ex7 penditures thereunder, and, on its own determination or

8 in response to the supervisor of the school, to revise such

9 financial plan to meet needs not foreseen at the time of

10 preparation of the financial plan. The supervisor shall pro11 vide the appropriate union representative of the education

12 employees with copies of proposed draft financial plans and

13 all amendments or modifications thereto, at the same time

14 they are submitted to the local school board. The supervisor

15 of the school may appeal any such action of the local school

16 board to the appropriate education officer of the Bureau

17 agency by filing a written statement describing the action

18 and the reasons the supervisor believes such action should

19 be overturned. A copy of such statement shall be submitted

20 to the local school board and such board shall be afforded

21 an opportunity to respond, in writing, to such appeal. After

22 reviewing such written appeal and response, the appro23 priate education officer may, for good cause, overturn the

24 action of the local school board. The appropriate education

25 officer shall transmit the determination of such appeal in
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1 the form of a written opinion to such board and to such

2 supervisor identifying the reasons for overturning such ac3 tion.

4 ‘‘(c) Funds for self-determination grants under section

5 103(a)(2) of the Indian Self-Determination and Education

6 Assistance Act shall not be used for providing technical as7 sistance and training in the field of education by the Bu8 reau unless such services are provided in accordance with

9 a plan, agreed to by the tribe or tribes affected and the Bu10 reau, under which control of education programs is in11 tended to be transferred to such tribe or tribes within a spe12 cific period of time negotiated under such agreement. The

13 Secretary may approve applications for funding tribal di14 visions of education and the development of tribal codes of

15 education from funds appropriated pursuant to section

16 104(a) of such Act.

17 ‘‘(d) In the exercise of its authority under this section,

18 a local school board may request technical assistance and

19 training from the Secretary, and he shall, to the greatest

20 extent possible, provide such services, and make appropriate

21 provisions in the budget of the Office for such services.

22 ‘‘(e)(1) A financial plan under subsection (b) for a

23 school may include, at the discretion of the local adminis24 trator and the school board of such school, a provision for

25 a summer program of academic and support services for
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1 students of the school. Any such program may include ac2 tivities related to the prevention of alcohol and substance

3 abuse. The Assistant Secretary of Indian Affairs shall pro4 vide for the utilization of any such school facility during

5 any summer in which such utilization is requested.

6 ‘‘(2) Notwithstanding any other provision of law,

7 funds authorized under the Act of April 16, 1934 (25 U.S.C.

8 452 et seq.) and the Indian Education Act may be used

9 to augment the services provided in each summer program

10 at the option, and under the control, of the tribe or Indian

11 controlled school receiving such funds.

12 ‘‘(3) The Assistant Secretary of Indian Affairs, acting

13 through the Director of the Office of Indian Education Pro14 grams, shall provide technical assistance and coordination

15 for any program described in paragraph (1) and shall, to

16 the extent possible, encourage the coordination of such pro17 grams with any other summer programs that might benefit

18 Indian youth, regardless of the funding source or adminis19 trative entity of any such program.

20 ‘‘(f)(1) From funds allotted to a Bureau school under

21 section 6707, the Secretary shall, if specifically requested

22 by the tribal governing body (within the meaning of section

23 6701(k)), implement any cooperative agreement entered

24 into between the tribe, the Bureau school board, and the

25 local public school district which meets the requirements of
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1 paragraph (2) and involves the school. The tribe, the Bu2 reau school board, and the local public school district shall

3 determine the terms of the agreement. Such agreement may

4 encompass coordination of all or any part of the following:

5 ‘‘(A) Academic program and curriculum, unless

6 the Bureau school is currently accredited by a State

7 or regional accrediting entity and would not continue

8 to be so accredited.

9 ‘‘(B) Support services, including procurement

10 and facilities maintenance.

11 ‘‘(C) Transportation.

12 ‘‘(2) Each agreement entered into pursuant to the au13 thority provided in paragraph (1) shall confer a benefit

14 upon the Bureau school commensurate with the burden as15 sumed, though this requirement shall not be construed so

16 as to require equal expenditures or an exchange of similar

17 services.

18 ‘‘(g) Any other provision of law notwithstanding,

19 where there is agreement on such action between the super20 intendent and school board of a B.I.A. funded school, the

21 product or result of a project conducted in whole or in

22 major part by a student may be given to that student upon

23 the completion of said project.

24 ‘‘(h) Notwithstanding any other provision of law,

25 funds received by Bureau funded schools under this title
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1 shall not be considered Federal funds for purposes of meet2 ing a match requirement in any Federal program.

3 ‘‘SEC. 6711. POLICY FOR INDIAN CONTROL OF INDIAN EDU4 CATION.

5 ‘‘(a) It shall be the policy of the the Secretary and the

6 Bureau, in carrying out the functions of the Bureau, to fa7 cilitate Indian control of Indian affairs in all matters relat8 ing to education.

9 ‘‘(b)(1) All actions under this Act shall be done with

10 active consultation with tribes.

11 ‘‘(2) The consultation required under paragraph (1)

12 means a process involving the open discussion and joint de13 liberation of all options with respect to potential issues or

14 changes between the Bureau and all interested parties. Dur15 ing such discussions and joint deliberations, interested par16 ties (including, but not limited to, tribes and school offi17 cials) shall be given an opportunity to present issues includ18 ing proposals regarding changes in current practices or

19 programs which will be considered for future action by the

20 Bureau. All interested parties shall be given an opportunity

21 to participate and discuss the options presented or to

22 present other alternatives, with the views and concerns of

23 the interested parties given effect unless the Secretary deter24 mines, from information educed or presented by the inter25 ested parties during 1 or more of the discussions and delib-
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1 erations, that there is a substantial reason for another

2 course of action. The Secretary shall submit to any Member

3 of Congress, within 18 days of the receipt of a written re4 quest by such Member, a written explanation of any deci5 sion made by the Secretary which is not consistent with

6 the views of the interested parties.

7 ‘‘SEC. 6712. EDUCATION PERSONNEL.

8 ‘‘(a)(1) Chapter 51, subchapter III of chapter 53, and

9 chapter 63 of title 5, United States Code, relating to leave,

10 pay, and classification, and the sections relating to the ap11 pointment, promotion and removal of civil service employ12 ees, shall not apply to educators or to education positions

13 (as defined in subsection (n)).

14 ‘‘(2) Paragraph (1) shall take effect 1 year after the

15 date of enactment of this Act.

16 ‘‘(b) Not later than the effective date of subsection

17 (a)(2), the Secretary shall prescribe regulations to carry out

18 this section. Such regulations shall govern—

19 ‘‘(1) the establishment of education positions,

20 ‘‘(2) the establishment of qualifications for edu21 cators,

22 ‘‘(3) the fixing of basic compensation for edu23 cators and education positions,

24 ‘‘(4) the appointment of educators,

25 ‘‘(5) the discharge of educators,
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1 ‘‘(6) the entitlement of educators to compensa2 tion,

3 ‘‘(7) the payment of compensation to educators,

4 ‘‘(8) the conditions of employment of educators,

5 ‘‘(9) the length of the school year applicable to

6 education positions described in subsection (n)(1)(A),

7 ‘‘(10) the leave system for educators, and

8 ‘‘(11) such other matters as may be appropriate.

9 ‘‘(c)(1) In prescribing regulations to govern the quali10 fications of educators, the Secretary shall require—

11 ‘‘(A)(i) that lists of qualified and interviewed

12 applicants for education positions be maintained in

13 each agency and area office of the Bureau from

14 among individuals who have applied at the agency or

15 area level for an education position or who have ap16 plied at the national level and have indicated in such

17 application an interest in working in certain areas or

18 agencies; and

19 ‘‘(ii) that a list of qualified and interviewed ap20 plicants for education positions be maintained in the

21 Office from among individuals who have applied at

22 the national level for an education position and who

23 have expressed interest in working in an education

24 position anywhere in the United States;
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1 ‘‘(B) that a local school board shall have the au2 thority to waive on a case-by-case basis, any formal

3 education or degree qualifications established by regu4 lation pursuant to subsection (b)(2), in order for a

5 tribal member to be hired in an education position to

6 teach courses on tribal culture and language and that

7 subject to subsection (d)(2)(A), a determination by a

8 school board that such a person be hired shall be fol9 lowed by the supervisor; and

10 ‘‘(C) that it shall not be a prerequisite to the em11 ployment of an individual in an education position

12 at the local level that such individual’s name appear

13 on the national list maintained pursuant to sub14 section (c)(1)(A)(ii) or that such individual has ap15 plied at the national level for an education position.

16 ‘‘(2) The Secretary may authorize the temporary em17 ployment in an education position of an individual who

18 has not met the certification standards established pursuant

19 to regulations, if the Secretary determines that failure to

20 do so would result in that position remaining vacant.

21 ‘‘(d)(1) In prescribing regulations to govern the ap22 pointment of educators, the Secretary shall require—

23 ‘‘(A)(i) that educators employed in a school

24 (other than the supervisor of the school) shall be hired

25 by the supervisor of the school unless there are no
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1 qualified applicants available, in which case the va2 cant position shall be filed at the national level from

3 the list maintained pursuant to subsection

4 (c)(1)(A)(ii);

5 ‘‘(ii) each school supervisor shall be hired by the

6 superintendent for education of the agency office of

7 the Bureau in which the school is located, and

8 ‘‘(iii) educators employed in an agency office of

9 the Bureau shall be hired by the superintendent for

10 education of the agency office;

11 ‘‘(B) that before an individual is employed in an

12 education position in a school by the supervisor of a

13 school (or, with respect to the position of supervisor,

14 by the appropriate agency superintendent for edu15 cation), the local school board for the school shall be

16 consulted, and that subject to subsection (d)(2), a de17 termination by the school board that such individual

18 should or should not be so employed shall be followed

19 by the supervisor (or with respect to the position of

20 supervisor, by the agency superintendent for edu21 cation); and

22 ‘‘(C) that before an individual may be employed

23 in an education position at the agency level, the ap24 propriate agency school board shall be consulted, and

25 that, subject to subsection (d)(3), a determination by
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1 such school board that such individual should or

2 should not be employed shall be followed by the agen3 cy superintendent for education.

4 ‘‘(2)(A) The supervisor of a school may appeal to the

5 appropriate agency superintendent for education any deter6 mination by the local school board for the school that an

7 individual be employed, or not be employed, in an edu8 cation position in the school (other than that of supervisor)

9 by filing a written statement describing the determination

10 and the reasons the supervisor believes such determination

11 should be overturned. A copy of such statement shall be sub12 mitted to the local school board and such board shall be

13 afforded an opportunity to respond, in writing, to such ap14 peal. After reviewing such written appeal and response, the

15 superintendent may, for good cause, overturn the deter16 mination of the local school board. The superintendent shall

17 transmit the determination of such appeal in the form of

18 a written opinion to such board and to such supervisor

19 identifying the reasons for overturning such determination.

20 ‘‘(B) The superintendent for education of an agency

21 office of the Bureau may appeal to the Director of the Office

22 any determination by the local school board for the school

23 that an individual be employed, or not be employed, as the

24 supervisor of a school by filing a written statement describ25 ing the determination and the reasons the supervisor be-
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1 lieves such determination should be overturned. A copy of

2 such statement shall be submitted to the local school board

3 and such board shall be afforded an opportunity to respond,

4 in writing, to such appeal. After reviewing such written ap5 peal and response, the Director may, for good cause, over6 turn the determination of the local school board. The Direc7 tor shall transmit the determination of such appeal in the

8 form of a written opinion to such board and to such super9 intendent identifying the reasons for overturning such de10 termination.

11 ‘‘(3) The superintendent for education of an agency of12 fice of the Bureau may appeal to the Director of the Office

13 any determination by the agency school board that an indi14 vidual be employed, or not be employed, in an education

15 position in such agency office by filing a written statement

16 describing the determination and the reasons the supervisor

17 believes such determination should be overturned. A copy

18 of such statement shall be submitted to the agency school

19 board and such board shall be afforded an opportunity to

20 respond, in writing, to such appeal. After reviewing such

21 written appeal and response, the Director may, for good

22 cause, overturn the determination of the agency school

23 board. The Director shall transmit the determination of

24 such appeal in the form of a written opinion to such board
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1 and to such superintendent identifying the reasons for over2 turning such determination.

3 ‘‘(4) Any individual who applies at the local level for

4 an education position shall state on such individual’s ap5 plication whether or not such individual has applied at the

6 national level for an education position in the Bureau. If

7 such individual is employed at the local level, such individ8 ual’s name shall immediately be forwarded to the Secretary,

9 who shall, as soon as possible but in no event in more than

10 thirty days, ascertain the accuracy of the statement made

11 by such individual pursuant to the first sentence of this

12 subparagraph. If the individual’s statement is found to have

13 been false, such individual, at the Secretary’s discretion,

14 may be disciplined or discharged. If the individual had ap15 plied at the national level for an education position in the

16 Bureau, if the appointment of such individual at the local

17 level shall be conditional for a period of ninety days, during

18 which period the Secretary may appoint a more qualified

19 individual (as determined by the Secretary) from the list

20 maintained at the national level pursuant to subsection

21 (c)(1)(A)(ii) to the position to which such individual was

22 appointed.

23 ‘‘(5) Except as expressly provided, nothing in this sec24 tion shall be construed as conferring upon local school

25 boards, authority over, or control of, educators.
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1 ‘‘(e)(1) In prescribing regulations to govern the dis2 charge and conditions of employment of educators, the Sec3 retary shall require—

4 ‘‘(A) that procedures be established for the rapid

5 and equitable resolution of grievances of educators;

6 ‘‘(B) that no educator may be discharged without

7 notice of the reasons therefore and opportunity for a

8 hearing under procedures that comport with the re9 quirements of due process; and

10 ‘‘(C) educators employed in Bureau schools shall

11 be notified sixty days prior to the end of the school

12 year whether their employment contract will be re13 newed for the coming year.

14 ‘‘(2) The supervisor of a Bureau school may discharge

15 (subject to procedures established under paragraph (1)(B)

16 for cause (as determined under regulations prescribed by

17 the Secretary) any educator employed in such school. Upon

18 giving notice of proposed discharge to an educator, the su19 pervisor involved shall immediately notify the local school

20 board for the school of such action. A determination by the

21 local school board that such educator shall not be discharged

22 shall be followed by the supervisor. The supervisor shall

23 have the right to appeal such action to the superintendent

24 for education of the appropriate agency office of the Bureau.

25 Upon such an appeal, the agency superintendent for edu-
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1 cation may, for good cause and in writing to the local school

2 board, overturn the determination of the local school board

3 with respect to the employment of such individual.

4 ‘‘(3) Each local school board for a Bureau school shall

5 have the right (A) to recommend to the supervisor of such

6 school that an educator employed in the school be dis7 charged, and (B) to recommend to the superintendent of

8 education of the appropriate agency office of the Bureau

9 and to the Director of the Office, that the supervisor of the

10 school be discharged.

11 ‘‘(f)(1) Notwithstanding any provision of the Indian

12 preference laws, such laws shall not apply in the case of

13 any personnel action within the purview of this section re14 specting an applicant or employee not entitled to Indian

15 preference if each tribal organization concerned grants, in

16 writing, a waiver of the application of such laws with re17 spect to such personnel action, where such a waiver is in

18 writing deemed to be a necessity by the tribal organization,

19 except that this shall in no way relieve the Bureau of its

20 responsibility to issue timely and adequate announcements

21 and advertisements concerning any such personnel action

22 if it is intended to fill a vacancy (no matter how such va23 cancy is created).

24 ‘‘(2) For purposes of this subsection, the term ‘tribal

25 organization’ means—
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1 ‘‘(A) the recognized governing body of any In2 dian tribe, band, nation, pueblo, or other organized

3 community, including a Native village (as defined in

4 section 3(c) of the Alaska Native Claims Settlement

5 Act (43 U.S.C. 1602(c); 85 Stat. 688)); or

6 ‘‘(B) in connection with any personnel action re7 ferred to in this subsection, any local school board as

8 defined in section 1139, and which has been delegated

9 by such governing body the authority to grant a

10 waiver under such subsection with respect to such per11 sonnel action.

12 ‘‘(3) The term ‘Indian preference laws’ means section

13 12 of the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat.

14 986) or any other provision of law granting a preference

15 to Indians in promotions and other personnel actions, ex16 cept that such term shall not be considered to include section

17 7(b) of the Indian Self-Determination and Education As18 sistance Act (25 U.S.C. 450e(b); 88 Stat. 2295).

19 ‘‘(g) Subject to the authority of the Civil Service Com20 mission to determine finally the applicability of chapter 51

21 of title 5, United States Code, to specific positions and em22 ployees in the executive branch, the Secretary shall deter23 mine in accordance with subsection (a)(1) the applicability

24 or inapplicability of such chapter to positions and employ25 ees in the Bureau.
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1 ‘‘(h)(1)(A) Except as otherwise provided in this sec2 tion, the Secretary shall fix the basic compensation or an3 nual salary rate for educators and education positions at

4 rates comparable to the rates in effect under the General

5 Schedule for individuals with comparable qualifications,

6 and holding comparable positions, to whom chapter 51 is

7 applicable or on the basis of the Federal Wage System

8 schedule in effect for the locality.

9 ‘‘(B) By no later than October 28, 1988, the Secretary

10 shall establish, for contracts for the 1991–1992 academic

11 year, and thereafter, the rates of basic compensation, or an12 nual salary rates, for the positions of teachers and coun13 selors (including dormitory counselors and home-living

14 counselors) at the rates of basic compensation applicable

15 (on the date of enactment of such Amendments and there16 after) to comparable positions in overseas schools under the

17 Defense Department Overseas Teachers Pay and Personnel

18 Practices Act, unless the Secretary establishes such rates

19 within such 6-month period through collective bargaining

20 with the appropriate union representative of the education

21 employees that is recognized by the Bureau.

22 ‘‘(C) By no later than October 28, 1988, the Secretary

23 shall establish the rates of basic compensation or annual

24 salary rates for the positions of teachers and counselors (in25 cluding dormitory and home-living counselors)—
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1 ‘‘(i) for contracts for the 1989–1990 academic

year, at rates which reflect 1 2 ⁄3 of the changes in the

3 rates applicable to such positions on April 28, 1988,

4 that must be made to conform the rates to the rates

5 established under subparagraph (B) for such positions

6 for contracts for the 1991–1992 academic year, and

7 ‘‘(ii) for contracts for the 1990–1991 academic

year, at rates which reflect 2 8 ⁄3 of such changes.

9 ‘‘(D) The establishment of rates of basic compensation

10 and annual salary rates by the Secretary under subpara11 graphs (B) and (C) shall not preclude the use of regulations

12 and procedures used by the Bureau before the enactment

13 of the Indian Education Amendments of 1988 in making

14 determinations regarding promotions and advancements

15 through levels of pay that are based on the merit, education,

16 experience, or tenure of the educator.

17 ‘‘(E)(i) Except as provided in clause (ii), the establish18 ment of rates of basic compensation and annual salary

19 rates by the Secretary under subparagraphs (B) and (C)

20 shall not affect the continued employment or compensation

21 of an educator who was employed in an education position

22 on October 31, 1979, and who did not make the election

23 under paragraph (2) of subsection (o).

24 ‘‘(ii) Any individual described in clause (i) may, dur25 ing the 5-year period beginning on the date on which the
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1 Secretary establishes rates of basic compensation and an2 nual salary rates under subparagraph (B), make an irrev3 ocable election to have the basic compensation rate or an4 nual salary rate of such individual determined in accord5 ance with this paragraph.

6 ‘‘(iii) If an individual makes the election described in

7 clause (ii), such election shall not affect the application to

8 the individual of the same retirement system and leave sys9 tem that applies to the individual during the fiscal year

10 preceding the fiscal year in which such election is made,

11 except that the individual must use leave accrued during

12 a contract period by the end of that contract period.

13 ‘‘(F) The President shall include with the budget sub14 mitted under section 1105 of title 31, United States Code,

15 for each of the fiscal years 1990, 1991, and 1992 a written

16 statement by the Secretary which specifies—

17 ‘‘(i) the amount of funds the Secretary needs to

18 pay basic compensation and the annual salaries of

19 educators for such fiscal year, and

20 ‘‘(ii) the amount of funds the Secretary estimates

21 would be needed to pay basic compensation and the

22 annual salaries of educators for such fiscal year if the

23 amendments made to this paragraph by the Indian

24 Education Amendments of 1988 had not been enacted.
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1 ‘‘(2) Each educator employed in an education position

2 in Alaska shall be paid a cost-of-living allowance equal to

3 25 per centum of the rate of basic compensation to which

4 such educator is entitled.

5 ‘‘(3)(A) The Secretary may pay a postdifferential not

6 to exceed 25 per centum of the rate of basic compensation,

7 on the basis of conditions of environment or work which

8 warrant additional pay as a recruitment and retention

9 incentive.

10 ‘‘(B)(i) Upon the request of the supervisor and the local

11 school board of a Bureau school, the Secretary shall grant

12 the supervisor of the school authorization to provide 1 or

13 more post differentials under subparagraph (A) unless the

14 Secretary determines for clear and convincing reasons (and

15 advises the board in writing of those reasons) that certain

16 of the requested post differentials should be disapproved or

17 decreased because there is no disparity of compensation for

18 the involved employees or positions in the Bureau school,

19 as compared with the nearest public school, that is either—

20 ‘‘(I) at least 5 percent, or

21 ‘‘(II) less than 5 percent and affects the recruit22 ment or retention of employees at the school.

23 The request under this subparagraph shall be deemed grant24 ed as requested at the end of the 60th day after the request

25 is received in the Central Office of the Bureau unless before
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1 that time it is approved, approved with modification, or

2 disapproved by the Secretary.

3 ‘‘(ii) The Secretary or the supervisor of a Bureau

4 school may discontinue or decrease a post differential au5 thorized by reason of this subparagraph at the beginning

6 of a school year after either—

7 ‘‘(I) the local school board requests that it be dis8 continued or decreased, or

9 ‘‘(II) the Secretary or the supervisor determines

10 for clear and convincing reasons (and advises the

11 board in writing of those reasons) that there is no dis12 parity of compensation that would affect the recruit13 ment or retention of employees at the school after the

14 differential is discontinued or decreased.

15 ‘‘(iii) On or before February 1 of each year, the Sec16 retary shall submit to Congress a report describing the re17 quests and grants of authority under this subparagraph

18 during the previous fiscal year and listing the positions

19 contracted under those grants of authority.

20 ‘‘(i) Any individual—

21 ‘‘(1) who on the date of enactment of this Act is

22 holding a position which is determined under sub23 section (f) to be an education position and who elects

24 under subsection (o)(2) to be covered under the provi25 sions of this section, or
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1 ‘‘(2) who is an employee of the Federal Govern2 ment or the municipal government of the District of

3 Columbia and is transferred, promoted, or

4 reappointed, without break in service, from a position

5 under a different leave system to an education posi6 tion,

7 shall be credited for the purpose of the leave system provided

8 under regulations prescribed pursuant to subsection (b)(10),

9 with the annual and sick leave to his credit immediately

10 before the effective date of such election, transfer, promotion,

11 or reappointment.

12 ‘‘(j) Upon termination of employment with the Bu13 reau, any annual leave remaining to the credit of an indi14 vidual within the purview of this section shall be liquidated

15 in accordance with sections 5551(a) and 6306 of title 5,

16 United States Code, except that leave earned or accrued

17 under regulations prescribed pursuant to subsection (b)(10)

18 shall not be so liquidated.

19 ‘‘(k) In the case of any educator who is transferred,

20 promoted, or reappointed, without break in service, to a po21 sition in the Federal Government under a different leave

22 system, any remaining leave to the credit of such person

23 earned or credited under the regulations prescribed pursu24 ant to subsection (b)(10) shall be transferred to his credit

25 in the employing agency on an adjusted basis in accordance
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1 with regulations which shall be prescribed by the Civil Serv2 ice Commission.

3 ‘‘(l) An educator who voluntarily terminates employ4 ment with the Bureau before the expiration of the existing

5 employment contract between such educator and the Bureau

6 shall not be eligible to be employed in another education

7 position in the Bureau during the remainder of the term

8 of such contract.

9 ‘‘(m) In the case of any educator employed in an edu10 cation position described in subsection (n)(1)(A) who—

11 ‘‘(1) is employed at the close of a school year,

12 ‘‘(2) agrees in writing to serve in such a position

13 for the next school year, and

14 ‘‘(3) is employed in another position during the

15 recess period immediately preceding such next school

16 year, or during such recess period receives additional

17 compensation referred to in subsection (g)(2) or

18 (g)(3), section 5533 of title 5, United States Code, re19 lating to dual compensation, shall not apply to such

20 educator by reason of any such employment during a

21 recess period for any such receipt of additional com22 pensation.

23 ‘‘(n) For the purpose of this section—
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1 ‘‘(1) The term ‘‘education position’’ means a po2 sition in the Bureau the duties and responsibilities of

3 which—

4 ‘‘(A) are performed on a school-year basis

5 principally in a Bureau school and involve—

6 ‘‘(i) classroom or other instruction or

7 the supervision or direction of classroom or

8 other instruction;

9 ‘‘(ii) any activity (other than teaching)

10 which requires academic credits in edu11 cational theory and practice equal to the

12 academic credits in educational theory and

13 practice required for a bachelor’s degree in

14 education from an accredited institution of

15 higher education;

16 ‘‘(iii) any activity in or related to the

17 field of education notwithstanding that aca18 demic credits in educational theory and

19 practice are not a formal requirement for

20 the conduct of such activity; or

21 ‘‘(iv) support services at, or associated

22 with, the site of the school; or

23 ‘‘(B) are performed at the agency level of

24 the Bureau and involve the implementation of
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1 education-related programs other than the posi2 tion for agency superintendent for education.

3 ‘‘(2) The term ‘‘educator’’ means an individual

4 whose services are required, or who is employed, in an

5 education position.

6 ‘‘(o)(1) Subsections (a) through (n) of this section

7 apply to an educator hired after November 1, 1979 (and

8 to an educator who elected application under paragraph

9 (2)) and to the position in which such individual is em10 ployed. Subject to paragraph (2), the enactment of this Act

11 shall not affect the continued employment of an individual

12 employed on October 31, 1979 in an education position, or

13 such individual’s right to receive the compensation attached

14 to such position.

15 ‘‘(2) Any individual employed in an education posi16 tion on October 31, 1979, may, not later than November

17 1, 1983, make an irrevocable election to be covered under

18 the provisions of subsection (a) through (n) of this section.

19 ‘‘(p)(1) An educator who was employed in an edu20 cation position on October 31, 1979, who was eligible to

21 make an election under paragraph (2) of subsection (o) at

22 that time, and who did not make the election under para23 graph (2) of subsection (o), may not be placed on furlough

24 (within the meaning of section 7511(a)(5) of title 5, United

25 States Code) without the consent of such educator for an
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1 aggregate of more than 4 weeks within the same calendar

2 year, unless—

3 ‘‘(A) the supervisor, with the approval of the

4 local school board (or of the agency superintendent for

5 education upon appeal under paragraph (2)), of the

6 Bureau school at which such educator provides serv7 ices determines that a longer period of furlough is

8 necessary due to an insufficient amount of funds

9 available for personnel compensation at such school,

10 as determined under the financial plan process as de11 termined under section 1129(b) of this Act, and

12 ‘‘(B) all educators (other than principals and

13 clerical employees) providing services at such Bureau

14 school are placed on furloughs of equal length, except

15 that the supervisor, with the approval of the local

16 school board (or of the agency superintendent for edu17 cation upon appeal under paragraph (2)), may con18 tinue 1 or more educators in pay status if (i) they

19 are needed to operate summer programs, attend sum20 mer training sessions, or participate in special activi21 ties including (but not limited to) curriculum devel22 opment committees, and (ii) they are selected based

23 upon their qualifications, after public notice of the

24 minimum qualifications reasonably necessary and

25 without discrimination as to supervisory, non-
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1 supervisory, or other status of the educators who

2 apply.

3 ‘‘(2) The supervisor of a Bureau school may appeal

4 to the appropriate agency superintendent for education any

5 refusal by the local school board to approve any determina6 tion of the supervisor that is described in paragraph (1)(A)

7 by filing a written statement describing the determination

8 and the reasons the supervisor believes such determination

9 should be approved. A copy of such statement shall be sub10 mitted to the local school board and such board shall be

11 afforded an opportunity to respond, in writing, to such ap12 peal. After reviewing such written appeal and response, the

13 superintendent may, for good cause, approve the determina14 tion of the supervisor. The superintendent shall transmit

15 the determination of such appeal in the form of a written

16 opinion to such local school board and to the supervisor

17 identifying the reasons for approving such determination.

18 ‘‘SEC. 6713. MANAGEMENT INFORMATION SYSTEM.

19 ‘‘The Secretary shall establish within the Office, within

20 1 year after the date of the enactment of the Indian Edu21 cation Amendments of 1984, a computerized management

22 information system, which shall provide information to the

23 Office. Such information shall include but shall not be lim24 ited to—

25 ‘‘(1) student enrollment;
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1 ‘‘(2) curriculum;

2 ‘‘(3) staff;

3 ‘‘(4) facilities;

4 ‘‘(5) community demographics;

5 ‘‘(6) student assessment information; and

6 ‘‘(7) information on the administrative and pro7 gram costs attributable to each Bureau program, di8 vided into discreet elements.

9 ‘‘SEC. 6714. BUREAU EDUCATION POLICIES.

10 ‘‘Within 180 days of the date of enactment of this Act,

11 the Secretary shall develop, publish in the Federal Register,

12 and submit to all agency and area offices of the Bureau,

13 all tribal governments, and the appropriate committees of

14 the Congress, a draft set of education policies, procedures,

15 and practices for education-related action of the Bureau.

16 The Secretary shall, within 1 year of the date of enactment

17 of this Act, provide that such uniform policies, procedures,

18 and practices shall be finalized and promulgated. There19 after, such policies, procedures, and practices and their

20 periodic revisions, shall serve as the foundation for future

21 Bureau actions in education.

22 ‘‘SEC. 6715. UNIFORM EDUCATION PROCEDURES AND PRAC23 TICES.

24 ‘‘The Secretary shall cause the various divisions of the

25 Bureau to formulate uniform procedures and practices with
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1 respect to such concerns of those divisions as relate to edu2 cation, and shall report such practices and procedures to

3 the Congress.

4 ‘‘SEC. 6716. RECRUITMENT OF INDIAN EDUCATORS.

5 ‘‘The Secretary shall institute a policy for the recruit6 ment of qualified Indian educators and a detailed plan to

7 promote employees from within the Bureau. Such plan shall

8 include opportunities for acquiring work experience prior

9 to actual work assignment.

10 ‘‘SEC. 6717. ANNUAL REPORT.

11 ‘‘(a) The Secretary shall submit to each appropriate

12 committee of the Congress a detailed annual report on the

13 state of education within the Bureau and any problems en14 countered in the field of education during the year. Such

15 report shall contain suggestions for improving the Bureau

16 educational system and increasing local Indian control of

17 such system. Such report shall also include the current sta18 tus of tribally controlled community colleges. The annual

19 budget submission for the Bureau’s education programs

20 shall, among other things, include (1) information on the

21 funds provided previously private schools under section 208

22 of the Indian Self-Determination and Education Assistance

23 Act (25 U.S.C. 458d; 88 Stat. 2216) and recommendations

24 with respect to the future use of such funds; (2) the needs

25 and costs of operation and maintenance of tribally con-
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1 trolled community colleges eligible for assistance under the

2 Tribally Controlled Community College Assistance Act of

3 1978 (92 Stat. 1325; 25 U.S.C. 1801 et seq.) and rec4 ommendations with respect to meeting such needs and costs;

5 and (3) the plans required by section 1121(f), and 1122(c);

6 and 1125(b) of this Act (25 U.S.C. 2001(f), 2002(c), and

7 2005(b)).

8 ‘‘(b) The Inspector General of the Department of the

9 Interior shall establish a system to ensure that financial

10 and compliance audits are conducted of each Bureau school

11 at least once in every three years. Audits of Bureau schools

12 shall be based upon the extent to which such school has com13 plied with its local financial plan under section 1129.

14 ‘‘SEC. 6718. RIGHTS OF INDIAN STUDENTS.

15 ‘‘Within six months of the date of enactment of this

16 Act, the Secretary shall prescribe such rules and regulations

17 as are necessary to insure the constitutional and civil rights

18 of Indian students attending Bureau schools, including, but

19 not limited to, their right to privacy under the laws of the

20 United States, their right to freedom of religion and expres21 sion and their right to due process in connection with dis22 ciplinary actions, suspensions, and expulsions.

23 ‘‘SEC. 6719. REGULATIONS.

24 ‘‘Regulations required to be adopted under sections

25 6706 through 6718 and any revisions of the standards de-
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1 veloped under section 6701 or 6702 of this Act shall be

2 deemed rules of general applicability prescribed for the ad3 ministration of an applicable program for the purposes of

4 section 431 of the General Education Provisions Act and

5 shall be promulgated, submitted for congressional review,

6 and take effect in accordance with the provisions of such

7 section. Such regulations shall contain, immediately follow8 ing each substantive provision of such regulations, citations

9 to the particular section or sections of statutory law or other

10 legal authority upon which such provision is based.

11 ‘‘SEC. 6720. DEFINITIONS.

12 ‘‘For the purpose of this part—

13 ‘‘(1) the term ‘agency school board’ means a

14 body, the members of which are appointed by the

15 school boards of the schools located within such agen16 cy, and the number of such members shall be deter17 mined by the Secretary in consultation with the af18 fected tribes, except that, in agencies serving a single

19 school, the school board of such school shall fulfill

20 these duties;

21 ‘‘(2) the term ‘Bureau’ means the Bureau of In22 dian Affairs of the Department of the Interior;

23 ‘‘(3) the term ‘Bureau funded school’ means—

24 ‘‘(A) a Bureau school;

25 ‘‘(B) a contract school; or
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1 ‘‘(C) a school for which assistance is pro2 vided under the Tribally Controlled Schools Act

3 of 1988;

4 ‘‘(4) the term ‘Bureau school’ means a Bureau

5 operated elementary or secondary day or boarding

6 school or a Bureau operated dormitory for students

7 attending a school other than a Bureau school;

8 ‘‘(5) the term ‘contract school’ means an elemen9 tary or secondary school or a dormitory which re10 ceives financial assistance for its operation under a

11 contract or agreement with the Bureau under section

12 102, 103(a), or 208 of the Indian Self-Determination

13 and Education Assistance Act (25 U.S.C. 450f,

14 450h(a), and 458d);

15 ‘‘(6) the term ‘education line officer’ means edu16 cation personnel under the supervision of the Direc17 tor, whether located in central, area, or agency offices;

18 ‘‘(7) the term ‘financial plan’ means a plan of

19 services to be provided by each Bureau school;

20 ‘‘(8) the term ‘grant school’ means a school which

21 is provided assistance under the Tribally Controlled

22 Schools Act of 1988;

23 ‘‘(9) the term ‘Indian organization’ means any

24 group, association, partnership, corporation, or other

25 legal entity owned or controlled by a federally recog-
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1 nized Indian tribe or tribes, or a majority of whose

2 members are members of federally recognized Indian

3 tribes;

4 ‘‘(10) the term ‘local educational agency’ means

5 a board of education or other legally constituted local

6 school authority having administrative control and

7 direction of free public education in a county, town8 ship, independent, or other school district located

9 within a State, and includes any State agency which

10 directly operates and maintains facilities for provid11 ing free public education;

12 ‘‘(11) the term ‘local school board’, when used

13 with respect to a Bureau school, means a body chosen

14 in accordance with the laws of the tribe to be served

15 or, in the absence of such laws, elected by the parents

16 of the Indian children attending the school, except

17 that in schools serving a substantial number of stu18 dents from different tribes, the members shall be ap19 pointed by the governing bodies of the tribes affected;

20 and the number of such members shall be determined

21 by the Secretary in consultation with the affected

22 tribes;

23 ‘‘(12) the term ‘Office’ means the Office of In24 dian Education Programs within the Bureau;
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1 ‘‘(13) the term ‘Secretary’ means the Secretary of

2 the Interior;

3 ‘‘(14) the term ‘supervisor’ means the individual

4 in the position of ultimate authority at a Bureau

5 school; and

6 ‘‘(15) the term ‘tribe’ means any Indian tribe,

7 band, nation, or other organized group or community,

8 including any Alaska Native village or regional or

9 village corporation as defined in or established pursu10 ant to the Alaska Native Claims Settlement Act (85

11 Stat. 688) which is recognized as eligible for the spe12 cial programs and services provided by the United

13 States to Indians because of their status as Indians.

14 ‘‘SEC. 6721. VOLUNTARY SERVICES.

15 ‘‘Notwithstanding section 1342 of title 31, United

16 States Code, the Secretary may, subject to the approval of

17 the local school board concerned, accept voluntary services

18 on behalf of Bureau schools. Nothing in this title shall be

19 construed to require Federal employees to work without

20 compensation or to allow the use of volunteer services to

21 displace or replace Federal employees. An individual pro22 viding volunteer services under this section is a Federal em23 ployee only for purposes of chapter 81 of title 5, United

24 States Code, and chapter 171 of title 28, United States

25 Code.
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1 ‘‘SEC. 6722. PRORATION OF PAY.

2 ‘‘(a) Notwithstanding any other provision of law, in3 cluding laws relating to dual compensation, the Secretary,

4 at the election of the employee, shall prorate the salary of

5 an employee employed in an education position for the aca6 demic school-year over the entire twelve month period. Each

7 educator employed for the academic school-year shall annu8 ally elect to be paid on a twelve month basis or for those

9 months while school is in session. No educator shall suffer

10 a loss of pay or benefits, including benefits under unemploy11 ment or other Federal or federally-assisted programs, be12 cause of such election.

13 ‘‘(b) During the course of such year the employee may

14 change election once.

15 ‘‘(c) That portion of the employee’s pay which would

16 be paid between academic school years may be paid in lump

17 sum at the election of the employee.

18 ‘‘(d) For the purposes of this section the terms ‘‘educa19 tor’’ and ‘‘education position’’ have the meaning contained

20 in section 6712(n)(1) and (n)(2) of this title. This section

21 applies to those individuals employed under the provisions

22 of section 6712 of this title or title 5, United States Code.

23 ‘‘SEC. 6723. EXTRACURRICULAR ACTIVITIES.

24 ‘‘(a) Notwithstanding any other provision of law, the

25 Secretary may provide, for each Bureau area, a stipend in

26 lieu of overtime premium pay or compensatory time off.
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1 Any employee of the Bureau who performs additional ac2 tivities to provide services to students or otherwise support

3 the school’s academic and social programs may elect to be

4 compensated for all such work on the basis of the stipend.

5 Such stipend shall be paid as a supplement to the employ6 ee’s base pay.

7 ‘‘(b) If an employee elects not to be compensated

8 through the stipend established by this section, the appro9 priate provisions of title 5, United States Code, shall apply.

10 ‘‘(c) This section applies to all Bureau employees,

11 whether employed under section 6712 of this title or title

12 5, United States Code.

13 ‘‘SEC. 6724. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

14 ‘‘(a) The Secretary shall provide grants to tribes, tribal

15 organizations, and consortia of tribes and tribal organiza16 tions to fund early childhood development programs that

17 are operated by such tribes, organizations, or consortia.

18 ‘‘(b)(1) The total amount of the grants provided under

19 subsection (a) with respect to each tribe, tribal organiza20 tion, or consortium of tribes or tribal organizations for each

21 fiscal year shall be equal to the amount which bears the

22 same relationship to the total amount appropriated under

23 the authority of subsection (f) for such fiscal year (less

24 amounts provided under subsection (e)) as—
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1 ‘‘(A) the total number of children under 6 years

2 of age who are members of—

3 ‘‘(i) such tribe,

4 ‘‘(ii) the tribe that authorized such tribal

5 organization, or

6 ‘‘(iii) any tribe that—

7 ‘‘(I) is a member of such consortium,

8 or

9 ‘‘(II) authorizes any tribal organiza10 tion that is a member of such consortium,

11 bears to

12 ‘‘(B) the total number of all children under 6

13 years of age who are members of any tribe that—

14 ‘‘(i) is eligible to receive funds under sub15 section (a),

16 ‘‘(ii) is a member of a consortium that is el17 igible to receive such funds, or

18 ‘‘(iii) authorizes a tribal organization that

19 is eligible to receive such funds.

20 ‘‘(2) No grant may be provided under subsection (a)—

21 ‘‘(A) to any tribe that has less than 500 mem22 bers,

23 ‘‘(B) to any tribal organization which is author24 ized—
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1 ‘‘(i) by only 1 tribe that has less than 500

2 members, or

3 ‘‘(ii) by 1 or more tribes that have a com4 bined total membership of less than 500 mem5 bers, or

6 ‘‘(C) to any consortium composed of tribes, or

7 tribal organizations authorized by tribes, that have a

8 combined total tribal membership of less than 500

9 members.

10 ‘‘(c)(1) A grant may be provided under subsection (a)

11 to a tribe, tribal organization, or consortia of tribes and

12 tribal organizations only if the tribe, organization or con13 sortia submits to the Secretary an application for the grant

14 at such time and in such form as the Secretary shall

15 prescribe.

16 ‘‘(2) Applications submitted under paragraph (1) shall

17 set forth the early childhood development program that the

18 applicant desires to operate.

19 ‘‘(d) The early childhood development programs that

20 are funded by grants provided under subsection (a)—

21 ‘‘(1) shall coordinate existing programs and may

22 provide services that meet identified needs of parents

23 and children under 6 years of age which are not being

24 met by existing programs, including—

25 ‘‘(A) prenatal care,
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1 ‘‘(B) nutrition education,

2 ‘‘(C) health education and screening,

3 ‘‘(D) educational testing, and

4 ‘‘(E) other educational services,

5 ‘‘(2) may include instruction in the language,

6 art, and culture of the tribe, and

7 ‘‘(3) shall provide for periodic assessment of the

8 program.

9 ‘‘(e) The Secretary shall, out of funds appropriated

10 under the authority of subsection (f), include in the grants

11 provided under subsection (a) amounts for administrative

12 costs incurred by the tribe or tribal organization in estab13 lishing and maintaining the early childhood development

14 program.

15 ‘‘(f) For the purpose of carrying out the provisions of

16 this section, there are authorized to be appropriated

17 $5,000,000 for fiscal year 1995 and such sums as may be

18 necessary for each of the fiscal years 1996, 1997, 1998, and

19 1999.

20 ‘‘SEC. 6725. TRIBAL DEPARTMENTS OF EDUCATION.

21 ‘‘(a) Subject to the availability of appropriations, the

22 Secretary shall provide grants and technical assistance to

23 tribes for the development and operation of tribal depart24 ments of education for the purpose of planning and coordi25 nating all educational programs of the tribe.
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1 ‘‘(b) Grants provided under this section shall—

2 ‘‘(1) be based on applications from the governing

3 body of the tribe,

4 ‘‘(2) reflect factors such as geographic and popu5 lation diversity,

6 ‘‘(3) facilitate tribal control in all matters relat7 ing to the education of Indian children on Indian

8 reservations and on former Indian reservations in

9 Oklahoma,

10 ‘‘(4) provide for the development of coordinated

11 educational programs on Indian reservations (includ12 ing all preschool, elementary, secondary, and higher

13 or vocational educational programs funded by tribal,

14 Federal, or other sources) by encouraging tribal ad15 ministrative support of all Bureau funded edu16 cational programs as well as encouraging tribal co17 operation and coordination with all educational pro18 grams receiving financial support from State agen19 cies, other Federal agencies, or private entities,

20 ‘‘(5) provide for the development and enforce21 ment of tribal educational codes, including tribal edu22 cational policies and tribal standards applicable to

23 curriculum, personnel, students, facilities, and sup24 port programs, and
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1 ‘‘(6) otherwise comply with regulations for

2 grants under section 103(a) of the Indian Self-Deter3 mination and Educational Assistance Act (25 U.S.C.

4 450h) that are in effect on the date application for

5 such grants are made.

6 ‘‘(c)(1) In approving and funding applications for

7 grants under this section, the Secretary shall give priority

8 to any application that—

9 ‘‘(A) includes assurances from the majority of

10 Bureau funded schools located within the boundaries

11 of the reservation of the applicant that the tribal de12 partment of education to be funded under this section

13 will provide coordinating services and technical as14 sistance to all of such schools, including (but not lim15 ited to) the submission to each applicable agency of

16 a unified application for funding for all of such

17 schools which provides that—

18 ‘‘(i) no administrative costs other than those

19 attributable to the individual programs of such

20 schools will be associated with the unified appli21 cation, and

22 ‘‘(ii) the distribution of all funds received

23 under the unified application will be equal to the

24 amount of funds provided by the applicable
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1 agency to which each of such schools is entitled

2 under law,

3 ‘‘(B) includes assurances from the tribal govern4 ing body that the tribal department of education

5 funded under this section will administer all con6 tracts or grants (except those covered by the other pro7 visions of this title and the Tribally Controlled Com8 munity College Assistance Act of 1978) for education

9 programs administered by the tribe and will coordi10 nate all of the programs to the greatest extent pos11 sible,

12 ‘‘(C) includes assurances for the monitoring and

13 auditing by or through the tribal department of edu14 cation of all education programs for which funds are

15 provided by contract or grant to ensure that the pro16 grams meet the requirements of law, and

17 ‘‘(D) provides a plan and schedule for—

18 ‘‘(i) the assumption over the term of the

19 grant by the tribal department of education of

20 all assets and functions of the Bureau agency of21 fice associated with the tribe, insofar as those re22 sponsibilities relate to education, and

23 ‘‘(ii) the termination by the Bureau of such

24 operations and office at the time of such assump25 tion,
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1 but when mutually agreeable between the tribal gov2 erning body and the Assistant Secretary, the period

3 in which such assumption is to occur may be modi4 fied, reduced, or extended after the initial year of the

5 grant.

6 ‘‘(2) Subject to the availability of appropriated funds,

7 grants provided under this section shall be provided for a

8 period of 3 years and the grant may, if performance by

9 the grantee is satisfactory to the Secretary, be renewed for

10 additional 3-year terms.

11 ‘‘(d) The Secretary shall not impose any terms, condi12 tions, or requirements on the provision of grants under this

13 section that are not specified in this section.

14 ‘‘(e) For the purpose of carrying out the provisions of

15 this section, there are authorized to be appropriated

16 $2,000,000 for fiscal year 1995 and such sums as may be

17 necessary for each of the fiscal years 1996, 1997, 1998, and

18 1999.

19 ‘‘SEC. 6726. PAYMENTS.

20 ‘‘(a)(1) Except as otherwise provided in this sub21 section, the Secretary shall make payments to grantees

22 under this part in 2 payments:

23 ‘‘(A) one payment to be made no later than July

24 1 of each year in an amount equal to one-half of the
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1 amount which the grantee was entitled to receive dur2 ing the preceding academic year, and

3 ‘‘(B) the second payment, consisting of the re4 mainder to which the grantee is entitled for the aca5 demic year, shall be made no later than December 1

6 of each year.

7 ‘‘(2) For any school for which no payment was made

8 from Bureau funds in the preceding academic year, full

9 payment of the amount computed for the first academic

10 year of eligibility under this part shall be made no later

11 than December 1 of the academic year.

12 ‘‘(3) With regard to funds for grantees that become

13 available for obligation on October 1 of the fiscal year for

14 which they are appropriated, the Secretary shall make pay15 ments to grantees no later than December 1 of the fiscal

16 year.

17 ‘‘(4) The provisions of the Prompt Payment Act (31

18 U.S.C. 3901 et seq.) shall apply to the payments required

19 to be made by paragraphs (1), (2), and (3) of this sub20 section.

21 (b) Paragraph (3) is amended by striking ‘‘Para22 graphs (1) and (2)’’ and inserting in lieu thereof ‘‘Para23 graphs (1), (2), and (3)’’, and is renumbered as paragraph

24 ‘‘(5)’’.
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1 ‘‘TITLE VII—BILINGUAL

2 EDUCATION PROGRAMS

3 ‘‘SEC. 7001. SHORT TITLE.

4 ‘‘This title may be cited as the ‘Bilingual Education

5 Act’.

6 ‘‘SEC. 7002. FINDINGS, POLICY, AND PURPOSE.

7 ‘‘(a) FINDINGS.—The Congress finds that—

8 ‘‘(1) language-minority Americans constitute a

9 large and growing proportion of the Nation’s popu10 lation;

11 ‘‘(2) language-minority Americans speak vir12 tually all world languages plus many that are indige13 nous to the United States;

14 ‘‘(3) the presence of language-minority Ameri15 cans is related in part to Federal immigration poli16 cies;

17 ‘‘(4) many language-minority Americans are

18 limited in their English proficiency, and many have

19 limited education and income;

20 ‘‘(5) limited-English-proficient children and

21 youth, like all other children and youth, have diverse

22 educational needs and strengths and therefore require

23 access to all educational programs and services;

24 ‘‘(6) the Federal Government has a responsibility

25 for the education of American Indians and a special
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1 obligation to Native Alaskans, Native Hawaiians and

2 native residents of the territories and freely associated

3 nations to redress the effect of past Federal policies;

4 ‘‘(7) institutions of higher education can assist

5 in preparing teachers, administrators and other

6 school personnel to understand and build upon the

7 educational strengths and needs of language-minority

8 and culturally diverse student enrollments;

9 ‘‘(8) it is the purpose of this title to help ensure

10 that limited-English-proficient students master Eng11 lish and develop high levels of academic attainment

12 in content areas;

13 ‘‘(9) quality bilingual education programs enable

14 children and youth to learn English and meet high

15 academic standards including proficiency in more

16 than one language;

17 ‘‘(10) as the world becomes increasingly inter18 dependent and as international communication be19 comes a daily occurrence in government, business,

20 commerce, and family life, multilingual skills con21 stitute an important national resource which deserves

22 protection and development;

23 ‘‘(11) educational technology has the potential

24 for improving the education of language-minority and

25 limited-English-proficient students and their families,
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1 and the Federal Government should foster this devel2 opment;

3 ‘‘(12) research, development, implementation and

4 dissemination of effective bilingual education meth5 ods, practices, and programs for limited-English6 proficient children are essential to systemwide school

7 reform that improves education for all children; and

8 ‘‘(13) a recognized means by which a child

9 learns is through the use of the child’s native lan10 guage, cultural heritage, and instructional programs

11 which use and build upon a child’s non-English na12 tive language and cultural heritage to promote parent

13 and community involvement in education, student

14 self-esteem, proficiency in English, and subject matter

15 achievement.

16 ‘‘(b) POLICY.—The Congress declares it to be the policy

17 of the United States, in order to ensure equal educational

18 opportunity for all children and youth and to promote edu19 cational excellence, to assist State and local educational

20 agencies, institutions of higher education, and community21 based organizations to build their capacity to establish, im22 plement, and sustain programs of instruction for language

23 minority and limited-English-proficient children and

24 youth.
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1 ‘‘(c) PURPOSE.—The purpose of this title is to educate

2 language minority and limited-English-proficient children

3 and youth to meet the same rigorous standards for academic

4 performance expected of all children and youth, including

5 meeting challenging State performance standards in aca6 demic areas by developing—

7 ‘‘(1) systemic improvement and reform of edu8 cational programs serving language-minority and

9 limited-English-proficient students through the devel10 opment and implementation of exemplary bilingual

11 education programs and special alternative instruc12 tion programs;

13 ‘‘(2) data collection and dissemination, research,

14 materials development, and technical assistance which

15 is focused on school improvement for language-minor16 ity and limited-English-proficient students; and

17 ‘‘(3) programs which strengthen and improve the

18 professional training of educational personnel who

19 work with limited-English-proficient and language20 minority students.

21 ‘‘SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘(a) IN GENERAL.—For the purpose of carrying out

23 the provisions of this title (except part F), there are author24 ized to be appropriated $215,000,000 for the fiscal year
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1 1995 and such sums as may be necessary for each of the

2 fiscal years 1996, 1997, 1998, and 1999.

3 ‘‘(b) DISTRIBUTION.—From the sums appropriated

4 under subsection (a) for any fiscal year, the Secretary shall

5 reserve at least 25 percent for part C of this title.

6 ‘‘SEC. 7004. DEFINITIONS; REGULATIONS:

7 ‘‘(a) GENERAL RULE.—For purposes of this title—

8 ‘‘(1) The term ‘native language’, when used with

9 reference to an individual, means the language nor10 mally used by such individuals, or, in the case of a

11 child, the language normally used by the parents of

12 the child.

13 ‘‘(2) The term ‘language-minority’ means—

14 ‘‘(A) individuals whose native language is

15 other than English;

16 ‘‘(B) individuals who usually speak a lan17 guage other than English or come from home en18 vironments where a language other than English

19 is usually spoken; or

20 ‘‘(C) American Indians, Alaskan Natives,

21 and Native Hawaiians and native residents of

22 the territories and freely associated nations.

23 ‘‘(3) The term ‘limited-English-proficient’ means

24 a language-minority person who has difficulty under25 standing, speaking, reading, or writing the English
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1 language at a level appropriate to his or her age and

2 grade and is, thereby, academically disadvantaged in

3 programs conducted exclusively in English.

4 ‘‘(4) The term ‘bilingual education’ refers to edu5 cational programs for limited-English-proficient stu6 dents which make instructional use of both English

7 and a student’s native language. Programs of bilin8 gual education must enable limited-English-proficient

9 students to achieve English proficiency and academic

10 mastery of subject matter content and higher order

11 skills, including critical thinking, so as to meet age12 appropriate grade-promotion and graduation stand13 ards in concert with national education goals. Bilin14 gual education programs may also develop the native

15 language skills of limited-English-proficient students,

16 or ancestral languages of American Indians, Alaskan

17 Natives, Native Hawaiians and native residents of the

18 territories and freely associated nations. English pro19 ficient students may participate in bilingual edu20 cation programs if the programs are designed to en21 able all enrolled students to become proficient in Eng22 lish and a second language.

23 ‘‘(5) The term ‘special alternative instructional

24 program’ refers to educational programs for limited25 English-proficient students which utilize specially de-
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1 signed English language curricula and services but do

2 not use the student’s native language for instructional

3 purposes. Special alternative instructional programs

4 must enable limited-English-proficient students to

5 achieve English proficiency and academic mastery of

6 subject matter content and higher order skills, includ7 ing critical thinking so as to meet age-appropriate

8 grade-promotion and graduation standards in concert

9 with national education goals. Special alternative in10 structional programs are suitable for schools where

11 the diversity of the limited-English-proficient stu12 dents’ native languages and the small number of stu13 dents speaking each respective language makes bilin14 gual education impractical and where there is a criti15 cal shortage of bilingual education teachers.

16 ‘‘(6) The term ‘family education programs’ refers

17 to bilingual education or special alternative instruc18 tional programs designed to help limited-English-pro19 ficient adults and out-of-school youths achieve pro20 ficiency in the English language and to provide in21 struction on how parents and family members can fa22 cilitate the educational achievement of their children.

23 When feasible, instructional programs such as the

24 model developed under the Even Start Literacy Pro25 grams that promote adult literacy and train parents
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1 to support the educational growth of their children

2 shall be developed. Programs shall give preference to

3 participation by parents and immediate family mem4 bers of children attending school. Family education

5 programs may also provide instruction to facilitate

6 higher education and employment outcomes.

7 ‘‘(7) The term ‘institution of higher education’

8 has the meaning given such term in section 1201(a)

9 of the Higher Education Act of 1965.

10 ‘‘(8) The term ‘Office’ means the Office of Bilin11 gual Education and Minority Languages Affairs.

12 ‘‘(9) The term ‘community college’ has the mean13 ing given such term in section 1201(a) of the Higher

14 Education Act of 1965 for an institution which pro15 vides not less than a 2-year program which is accept16 able for full credit toward a bachelor’s degree, includ17 ing institutions receiving assistance under the Trib18 ally Controlled Community College Assistance Act of

19 1978.

20 ‘‘(10) The term ‘paraprofessional’ means an in21 dividual who is employed in preschool or elementary

22 or secondary school under the supervision of a cer23 tified or licensed teacher, including individuals em24 ployed in bilingual education, special education and

25 migrant education.
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1 ‘‘(11) The term ‘other programs for persons of

2 limited-English-proficiency’ means any programs ad3 ministered by the Secretary that serve persons of lim4 ited-English-proficiency.

5 ‘‘(12) The term ‘community-based organization’

6 means a private nonprofit organization or Indian

7 tribe or tribally sanctioned educational authority

8 which is representative of a community or significant

9 segments of a community and which provides edu10 cational or related services to individuals in the com11 munity. The term ‘community-based organization’ in12 cludes Native Hawaiian organizations (including Na13 tive Hawaiian education organizations) as defined in

14 section 4009 of Public Law 100–297).

15 ‘‘(13) The term ‘children and youth’ means indi16 viduals aged 3 through 21.

17 ‘‘(14) The term ‘immigrant children and youth’

18 means individuals who—

19 ‘‘(A) are aged 3 through 21;

20 ‘‘(B) were not born in any State; and

21 ‘‘(C) have not been attending 1 or more

22 schools in any 1 or more States for more than

23 2 full academic years.

24 ‘‘(b) REGULATION RULE.—In developing regulations

25 under this title, the Secretary shall consult with State and
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1 local educational agencies, organizations representing lim2 ited-English-proficient individuals, and organizations rep3 resenting teachers and other personnel involved in bilingual

4 education.

5 ‘‘(c) PARENTAL NOTIFICATION.—Parents of children

6 and youth participating in programs assisted under this

7 title shall be informed of—

8 ‘‘(1) a student’s level of English proficiency, how

9 it was assessed, the status of a student’s academic

10 achievement and the implications of a student’s edu11 cational strengths and needs for age and grade appro12 priate academic attainment, promotion, and gradua13 tion;

14 ‘‘(2) what programs are available to meet the

15 student’s educational strengths and needs and how the

16 programs differ in content and instructional goals,

17 and in the case of a disabled student, how the pro18 gram meets the objectives of a student’s individualized

19 education program;

20 ‘‘(3) the instructional goals of the bilingual edu21 cation or special alternative instructional program,

22 and how the program will specifically help the lim23 ited-English-proficient student acquire English and

24 meet age-appropriate standards for grade-promotion

25 and graduation, including—
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1 ‘‘(A) the benefits and nature of the bilingual

2 educational program and of the instructional al3 ternatives; and

4 ‘‘(B) the reasons for the selection of their

5 child as being in need of bilingual education.

6 ‘‘(4)(A) Parents shall also be informed that they

7 have the option of declining enrollment of their chil8 dren and youth in such programs and shall be given

9 an opportunity to do so if they so choose.

10 ‘‘(B) Local educational agencies are not relieved

11 of any of their obligations under title VI of the Civil

12 Rights Act of 1964 because parents choose not to en13 roll their children in bilingual education programs.

14 ‘‘(5) Parents must receive, in a manner and

15 form understandable to them, including, if necessary

16 and to the extent feasible, in their native language,

17 the information required by this subsection. At a

18 minimum, parents must receive—

19 ‘‘(A) timely information about projects

20 funded under this part; and

21 ‘‘(B) if the parents of participating children

22 so desire, notice of opportunities for regular

23 meetings for the purpose of formulating and re24 sponding to recommendations from such parents.
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1 ‘‘(6) no action may involve the admission or ex2 clusion of students to or from any federally assisted

3 education program merely on the basis of the sur4 names or language-minority status of such students.

5 ‘‘SEC. 7005. INDIAN AND ALASKAN NATIVE CHILDREN IN

6 SCHOOLS.

7 ‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carry8 ing out programs under this title for individuals served by

9 elementary, secondary, or postsecondary schools operated

10 predominately for Indian or Alaska Native children and

11 youth, an Indian tribe, a tribally sanctioned educational

12 authority, or an elementary or secondary school that is op13 erated or funded by the Bureau of Indian Affairs shall be

14 considered to be a local educational agency as such term

15 is used in this title, subject to the following qualifications:

16 ‘‘(1) The term ‘Indian tribe’ means any Indian

17 tribe, band, nation, or other organized group or com18 munity, including any Alaska Native village or re19 gional or village corporation as defined in or estab20 lished pursuant to the Alaska Native Claims Settle21 ment Act (43 U.S.C. 1601 et seq.), that is recognized

22 for the special programs and services provided by the

23 United States to Indians because of their status as

24 Indians.
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1 ‘‘(2) The term ‘tribally sanctioned educational

2 authority’ means—

3 ‘‘(A) any department or division of edu4 cation operating within the administrative

5 structure of the duly constituted governing body

6 of an Indian tribe; or

7 ‘‘(B) any nonprofit institution or organiza8 tion that is—

9 ‘‘(i) chartered by the governing body of

10 an Indian tribe to operate any such school

11 or otherwise to oversee the delivery of edu12 cational services to members of that tribe;

13 and

14 ‘‘(ii) approved by the Secretary for the

15 purpose of this section.

16 ‘‘(b) BUREAU OF INDIAN AFFAIRS SCHOOLS.—From

17 the sums appropriated pursuant to section 7003, the Sec18 retary is authorized to make payments to applicants to

19 carry out programs of bilingual education or special alter20 native instruction for Indian children served by elementary

21 and secondary schools operated or funded by the Bureau

22 of Indian Affairs.

23 ‘‘(c) ANNUAL REPORT.—(1) The Assistant Secretary of

24 the Interior for the Bureau of Indian Affairs in collabora25 tion with the Secretary shall submit to the Congress, the
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1 President, and the Secretary, by September 30 of each year,

2 a report which provides—

3 ‘‘(A) an assessment of the educational outcomes

4 and needs of Indian children with respect to the pur5 poses of this title in schools operated or funded by the

6 Department of the Interior, including tribes and local

7 educational agencies receiving assistance under the

8 Johnson-O’Malley Act and the Native American Lan9 guages Act; and

10 ‘‘(B) an assessment of the extent to which such

11 needs are being met by funds provided to such schools

12 for educational purposes through the Secretary of the

13 Interior.

14 ‘‘(2) The results presented in this report shall be in15 cluded in the report under section 7041 of this Act.

16 ‘‘(3) The assessments required under this subsection

17 shall be waived if such assessments duplicate similar assess18 ment requirements under other Federal or tribal laws.

19 ‘‘SEC. 7006. RESIDENTS OF THE TERRITORIES AND FREELY

20 ASSOCIATED NATIONS.

21 ‘‘For the purpose of carrying out programs under this

22 title in Guam and the freely associated nations, the term

23 ‘local educational agency’ shall include public institutions

24 or agencies whose mission is the preservation and mainte25 nance of native languages.
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1 ‘‘PART A—BILINGUAL EDUCATION CAPACITY AND

2 DEMONSTRATION GRANTS

3 ‘‘SEC. 7101. PURPOSE OF GRANTS.

4 ‘‘Grants under this part shall be used to develop the

5 capacity of local educational agencies, institutions of higher

6 education, and community-based organizations which pro7 vide educational programs to initiate, develop, enhance or

8 improve bilingual education or special alternative instruc9 tion programs for children and youth of limited-English10 proficiency.

11 ‘‘SEC. 7102. PROGRAM DEVELOPMENT AND IMPLEMENTA12 TION GRANTS.

13 ‘‘(a) PURPOSE.—The purpose of this section is to de14 velop and implement new comprehensive, coherent, and suc15 cessful bilingual education or special alternative instruc16 tional programs for limited-English-proficient students in17 cluding programs of early childhood education, K–12 edu18 cation, gifted and talented education, and vocational and

19 applied technology education.

20 ‘‘(b) PROGRAM AUTHORIZED.—

21 ‘‘(1) The Secretary is authorized to make pro22 gram development and implementation grants of up

23 to $100,000 annually for 3 years with 1 additional

24 year upon the Secretary’s approval.
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1 ‘‘(2) Grants approved under this section shall be

2 used to improve the education of limited-English-pro3 ficient students and their families by—

4 ‘‘(A) developing and implementing com5 prehensive preschool, elementary, or secondary

6 bilingual education or special alternative in7 structional programs that are coordinated with

8 other relevant programs and services to meet the

9 full range of educational needs of limited-Eng10 lish-proficient students; and

11 ‘‘(B) providing in service training to class12 room teachers, administrators, and other school

13 or community-based organizational personnel to

14 improve the instruction and assessment of lan15 guage-minority and limited-English-proficient

16 students.

17 ‘‘(3) Grants approved under this section may be

18 used to improve the education of limited-English-pro19 ficient students and their families by—

20 ‘‘(A) implementing family education pro21 grams and activities; and

22 ‘‘(B) improving the instructional program

23 for limited-English-proficient students by up24 grading curriculum, instructional materials, and
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1 assessment procedures and, if appropriate, ap2 plying educational technology.

3 ‘‘(c) ELIGIBLE ENTITIES.—A grant may be made

4 under this section only upon application by one or more

5 local educational agencies, applying alone or in collabora6 tion with an institution of higher education, community7 based organization or local or State educational agency. A

8 grant may also be made under this section upon applica9 tion by a community-based organization which is agreed

10 to by the local educational agency to develop and implement

11 early childhood education or family education programs or

12 to conduct an instructional program which supplements the

13 educational services provided by a local educational agency.

14 ‘‘(d) DISTRIBUTION.—The Secretary shall, to the ex15 tent practicable, award grants equally among early child16 hood education, elementary education, and secondary edu17 cation programs.

18 ‘‘SEC. 7103. PROGRAM ENHANCEMENT PROJECTS.

19 ‘‘(a) PURPOSE.—The purpose of this section is to carry

20 out highly focused, innovative, locally designed projects to

21 expand or enhance existing bilingual education or special

22 alternative instructional programs for limited-English-pro23 ficient students.

24 ‘‘(b) PROGRAM AUTHORIZED.—
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1 ‘‘(1) The Secretary is authorized to make pro2 gram enhancement project grants of up to $100,000

3 for 2 years to eligible applicants.

4 ‘‘(2) Grants approved under this section shall be

5 used for providing in-service training to classroom

6 teachers, administrators, and other school or commu7 nity-based organization personnel to improve the in8 struction and assessment of language-minority and

9 limited-English-proficient students.

10 ‘‘(3) Grants approved under this section may be

11 used for—

12 ‘‘(A) improving the instructional program

13 for limited-English-proficient students by up14 grading curriculum, instructional materials, and

15 assessment procedures and, if appropriate, ap16 plying educational technology;

17 ‘‘(B) implementing family education pro18 grams and activities; and

19 ‘‘(C) providing intensified instruction.

20 ‘‘(c) ELIGIBLE ENTITIES.—A grant may be made

21 under this section only upon application by one or more

22 local educational agencies, applying alone or in collabora23 tion with an institution of higher education, community24 based organization or local or State educational agency. A

25 grant also may be made under this section upon applica-
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1 tion by a community-based organization which is agreed

2 to by the local educational agency to enhance early child3 hood education or family education programs or to conduct

4 an instructional project which supplements the educational

5 services provided by a local educational agency.

6 ‘‘SEC. 7104. WHOLE-SCHOOL PROGRAMS.

7 ‘‘(a) PURPOSE.—The purpose of this section is to pro8 vide financial assistance to eligible applicants to reform,

9 restructure, and upgrade all relevant programs and oper10 ations within an individual school to fulfill the comprehen11 sive educational needs of all of a school’s limited-English12 proficient students and their families.

13 ‘‘(b) PROGRAM AUTHORIZED.—

14 ‘‘(1) The Secretary is authorized to make 5-year

15 grants of up to $100,000 for the first year and up to

16 $250,000 for each of the subsequent 4 years to eligible

17 applicants.

18 ‘‘(2) Grants approved under this section shall be

19 used to improve education of limited-English-pro20 ficient students and their families by reviewing, re21 structuring, and upgrading in-service training for all

22 school staff and, if appropriate, for community-based

23 organization personnel.

24 ‘‘(3) Grants approved under this section may be

25 used to improve the education of limited-English-pro-
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1 ficient students and their families by reviewing, re2 structuring, and upgrading—

3 ‘‘(A) the school’s instructional program for

4 limited-English-proficient students including

5 curriculum, instructional materials, and assess6 ment systems, and, if appropriate, the applica7 tion of educational technology;

8 ‘‘(B) family education programs and activi9 ties; and

10 ‘‘(C) intensified instruction.

11 ‘‘(4) During the first year of the grant, a prior12 ity is established in use of funds for preparatory ac13 tivities including planning, training, curriculum de14 velopment, and materials acquisition or development.

15 ‘‘(c) ELIGIBLE ENTITIES.—A grant may be made

16 under this section only upon application by one or more

17 local educational agencies, applying alone or in collabora18 tion with an institution of higher education, community19 based organizations or local or State educational agency.

20 ‘‘SEC. 7105. SYSTEM-WIDE IMPROVEMENT GRANTS.

21 ‘‘(a) PURPOSE.—The purpose of this section is to pro22 vide financial assistance to improve, reform, and upgrade

23 relevant programs and operations with an entire local edu24 cational agency to fulfill the comprehensive educational
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1 needs of all the agency’s limited-English-proficient students

2 and, to the extent feasible, their families.

3 ‘‘(b) PROGRAM AUTHORIZED.—

4 ‘‘(1) The Secretary is authorized to make 5-year

5 grants of up to $1,000,000 for the first year and up

6 to $5,000,000 for each of the subsequent 4 years to eli7 gible applicants.

8 ‘‘(2) Grants approved under this section may be

9 used during the first 12 months exclusively for activi10 ties preparatory to the delivery of services.

11 ‘‘(3) Grants approved under this section may be

12 used to improve education of limited-English-pro13 ficient students and their families by reviewing, re14 structuring, and upgrading—

15 ‘‘(A) educational goals, curriculum guide16 lines and content, standards and assessments;

17 ‘‘(B) personnel policies and practices in18 cluding recruitment, certification, staff develop19 ment, and assignment;

20 ‘‘(C) student grade-promotion and gradua21 tion requirements;

22 ‘‘(D) student assignment policies and prac23 tices;

24 ‘‘(E) program delivery standards, manage25 ment information and accountability systems;
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1 ‘‘(F) instructional and extracurricular pro2 grams and services; and

3 ‘‘(G) application of educational technology.

4 ‘‘(c) ELIGIBLE ENTITIES.—A grant may be made

5 under this section only upon application by one or more

6 local educational agencies, applying alone or in collabora7 tion with an institution of higher education, community8 based organization or local or State educational agency.

9 ‘‘(d) PRIORITY.—The Secretary shall give priority to

10 applications from—

11 ‘‘(1) applicants which enroll a large percentage

12 or large number of limited-English-proficient stu13 dents; and

14 ‘‘(2) consortia of eligible applicants to serve lim15 ited-English-proficient students in rural and linguis16 tically isolated settings.

17 ‘‘SEC. 7106. APPLICATIONS.

18 ‘‘(a) SUBMISSION.—To receive a grant under this part,

19 applicants shall submit an application to the Secretary in

20 such form and containing such information as the Sec21 retary may require:

22 ‘‘(1) An application for a grant under this part

23 shall be developed in consultation with, and shall pro24 vide for the continuing involvement of, an advisory

25 council which shall be composed of representatives re-
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1 sponsible for implementing grant activities and of

2 parents and other relatives of the children to be served

3 in such programs; parents shall comprise a majority

4 of all council members.

5 ‘‘(2) All applicants for grants under this part,

6 except for those applicants identified in section 7005,

7 shall submit a copy of the application to the relevant

8 State educational agency. The State educational

9 agency may submit to the Secretary written com10 ments on the application with respect to how the ap11 plications further State education improvement plans

12 including any developed under Goals 2000: Educate

13 America Act (if such plans exist) or title I of this Act.

14 If the State educational agency of a State submits

15 written comments on any application, it must submit

16 written comment on all applications within that

17 same grant category from within that State. The Sec18 retary shall take comments into consideration when

19 funding applications under this part.

20 ‘‘(b) REQUIRED DOCUMENTATION.—Such application

21 shall include documentation that the applicant has the

22 qualified personnel required to develop, administer, and im23 plement the proposed program.

24 ‘‘(c) CONTENTS.—(1) An application for a grant under

25 this part shall contain the following:
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1 ‘‘(A) A description of the need for the proposed

2 program, including data on the number of children

3 and youth of limited-English-proficiency in the school

4 or district to be served and their characteristics, such

5 as language spoken, dropout rates, proficiency in

6 English and the native language, academic standing

7 in relation to their English proficient peers, and,

8 where applicable, the recency of immigration.

9 ‘‘(B) A description of the program to be imple10 mented and how its design—

11 ‘‘(i) relates to the linguistic and academic

12 needs of the children and youth of limited-Eng13 lish-proficiency to be served;

14 ‘‘(ii) is consistent with, and promotes the

15 goals in, the local educational agency plan under

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

17 if such plan exists, and the local educational

18 agency’s plan under title I of this Act, particu19 larly as those plans relate to the education of

20 children and youth of limited-English-pro21 ficiency;

22 ‘‘(iii) involves the parents of the children

23 and youth of limited-English-proficiency to be

24 served;
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1 ‘‘(iv) ensures accountability in the expected

2 student outcomes; and

3 ‘‘(v) promotes coordination of services for

4 the children and youth of limited-English-pro5 ficiency to be served and their families.

6 ‘‘(C) A description, if appropriate, of the appli7 cant’s collaborative activities with institutions of

8 higher education, community-based organizations,

9 local or State educational agencies, private schools,

10 nonprofit organizations, or businesses in carrying out

11 the proposed program.

12 ‘‘(D) An assurance that the applicant will not

13 reduce the level of State and local funds that it ex14 pends for bilingual education or special alternative

15 instruction programs if it receives an award under

16 this part.

17 ‘‘(E) A budget for grant funds.

18 ‘‘(2) An application for a grant under section 7102

19 or 7104 shall also contain a description of the instructional

20 program, student services, in-service training, and family

21 education programs to be provided under the grant.

22 ‘‘(3) An application for a grant under section 7103

23 shall also contain the following:
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1 ‘‘(A) A description of the existing bilingual edu2 cation or special alternative instruction program

3 which the project is designed to enhance.

4 ‘‘(B) A description of the proposed project activi5 ties.

6 ‘‘(4) An application for a grant under section 7105

7 shall also contain a description of the activities which

8 would be carried out under the grant.

9 ‘‘(d) APPROVAL OF APPLICATIONS.—An application

10 for a grant under this part may be approved only if the

11 Secretary determines that—

12 ‘‘(1) the program will use qualified personnel,

13 including those personnel who are proficient in the

14 language or languages used for instruction;

15 ‘‘(2) in designing the program for which appli16 cation is made, the needs of children in nonprofit pri17 vate elementary and secondary schools have been

18 taken into account through consultation with appro19 priate private school officials and, consistent with the

20 number of such children enrolled in such schools in

21 the area to be served whose educational needs are of

22 the type and whose language and grade levels are of

23 a similar type that the program is intended to ad24 dress, after consultation with appropriate private

25 school officials, provision has been made for the par-
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1 ticipation of such children on a basis comparable to

2 that provided for public school children;

3 ‘‘(3) student evaluation and assessment proce4 dures in the program are valid, reliable, and fair for

5 limited-English-proficient students, and that limited6 English-proficient students who are disabled are iden7 tified and served in accordance with the requirements

8 of the Individuals with Disabilities Education Act;

9 ‘‘(4) Federal funds made available for the project

10 or activity will be used so as to supplement the level

11 of State and local funds that, in the absence of such

12 Federal funds, would have been expended for special

13 programs for children of limited-English-proficient

14 individuals and in no case to supplant such State

15 and local funds, except that nothing in this para16 graph shall preclude a local educational agency from

17 using funds under this title for activities carried out

18 under an order of a court of the United States or of

19 any State respecting services to be provided such chil20 dren, or to carry out a plan approved by the Sec21 retary as adequate under title VI of the Civil Rights

22 Act of 1964 with respect to services to be provided

23 such children;

24 ‘‘(5) the assistance provided under the applica25 tion will contribute toward building the capacity of
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1 the applicant to provide a program on a regular

2 basis, similar to that proposed for assistance, which

3 will be of sufficient size, scope, and quality to promise

4 significant improvement in the education of students

5 of limited-English-proficiency, and that the applicant

6 will have the resources and commitment to continue

7 the program when assistance under this title is re8 duced or no longer available;

9 ‘‘(6) the applicant provides for utilization of the

10 State and national dissemination sources for program

11 design and in dissemination of results and products.

12 ‘‘(e) SPECIAL CONSIDERATION AND PRIORITIES.—

13 ‘‘(1) Students may participate in any program

14 receiving funds under this part for the duration of the

15 program.

16 ‘‘(2) The Secretary shall give priority to applica17 tions which provide for the development of bilingual

18 proficiency for all participating students.

19 ‘‘(3) Grants for special alternative instructional

20 programs shall not exceed 25 percent of the funds pro21 vided for any type of grant under any section or of

22 total funds provided under this part.

23 ‘‘(4) Notwithstanding paragraph (3), the Sec24 retary may award grants for special alternative in25 structional programs if an applicant has dem-
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1 onstrated that they cannot develop and implement a

2 bilingual education program for the following reasons:

3 ‘‘(A) Where the diversity of the limited-Eng4 lish-proficient students’ native languages and the

5 small number of students speaking each respec6 tive language makes bilingual education imprac7 tical.

8 ‘‘(B) Where, despite documented convincing

9 efforts, the applicant has not been able to hire

10 instructional personnel who are able to commu11 nicate in the students’ native language.

12 ‘‘(5) In approving applications under this part,

13 the Secretary shall give consideration to the degree to

14 which the program for which assistance is sought in15 volves the collaborative efforts of institutions of higher

16 education, community-based organizations, the appro17 priate local and State educational agency, or busi18 ness.

19 ‘‘(6) The Secretary shall ensure that projects

20 funded under this part address the full needs of school

21 systems of all sizes and geographical areas, including

22 rural schools.

23 ‘‘(7) The Secretary shall give priority to applica24 tions providing training for personnel participating

25 in or preparing to participate in the program which
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1 will assist them in meeting State and local certifi2 cation requirements and that, to the extent possible,

3 college or university credit will be awarded for such

4 training.

5 ‘‘SEC. 7107. INTENSIFIED INSTRUCTION.

6 ‘‘In carrying out this part, each grant recipient may

7 intensify instruction for limited-English-proficient students

8 by—

9 ‘‘(1) expanding the educational calendar of the

10 school in which such student is enrolled to include

11 programs before and after school and during the sum12 mer months;

13 ‘‘(2) expanding the use of professional and vol14 unteer aids;

15 ‘‘(3) applying technology to the course of instruc16 tion; and

17 ‘‘(4) providing intensified instruction through

18 supplementary instruction or activities, including

19 educationally enriching extracurricular activities,

20 during times when school is not routinely in session.

21 ‘‘SEC. 7108. CAPACITY BUILDING.

22 ‘‘Each recipient of a grant under this part shall use

23 its grant in ways that will build its capacity to continue

24 to offer high-quality bilingual and special alternative edu25 cation programs and services to children and youth of lim-
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1 ited-English-proficiency once Federal assistance is reduced

2 or eliminated.

3 ‘‘SEC. 7109. SUBGRANTS.

4 ‘‘A local educational agency that receives a grant

5 under this part may, with the approval of the Secretary,

6 make a subgrant to, or enter into a contract with, an insti7 tution of higher education, a non-profit organization, or a

8 consortium of such entities to carry out an approved pro9 gram, including a program to serve out-of-school youth.

10 ‘‘SEC. 7110. GEOGRAPHIC DISTRIBUTION OF FUNDS.

11 ‘‘To the extent possible, the Secretary shall award

12 funds under this part throughout the Nation in a manner

13 that reflects the geographic distribution of children and

14 youth of limited-English-proficiency.

15 ‘‘SEC. 7111. PROGRAMS IN PUERTO RICO.

16 ‘‘Programs authorized under this title in the Common17 wealth of Puerto Rico may, notwithstanding any other pro18 vision of this title, include programs of instruction, teacher

19 training, curriculum development, evaluation, and testing

20 designed for children and youth of limited-Spanish pro21 ficiency.

22 ‘‘SEC. 7112. EVALUATIONS.

23 ‘‘(a) EVALUATION.—Each recipient of funds under this

24 part shall provide the Secretary with an evaluation, in the
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1 form prescribed by the Secretary, of its program every two

2 years.

3 ‘‘(b) USE OF EVALUATION.—Such evaluation shall be

4 used by a grantee—

5 ‘‘(1) for program improvement;

6 ‘‘(2) to further define the local program’s goals

7 and objectives; and

8 ‘‘(3) to determine program effectiveness.

9 ‘‘(c) EVALUATION COMPONENTS.—Evaluations shall

10 include—

11 ‘‘(1) student outcome indicators that measure

12 progress toward the performance standards set out in

13 the State’s plan, either approved or being developed,

14 under title III of the Goals 2000: Educate America

15 Act, or, if the State does not have an approved plan

16 under title III of the Goals 2000: Educate America

17 Act and is not developing such a plan, with the State

18 plan approved or being developed under section 1111

19 of this Act, including data comparing children and

20 youth of limited-English-proficiency with non-lim21 ited-English-proficient children and youth with re22 gard to school retention, academic achievement, and

23 gains in English (and, where applicable, native lan24 guage) proficiency;
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1 ‘‘(2) program implementation indicators that

2 provide information for informing and improving

3 program management and effectiveness, including

4 data on appropriateness of curriculum in relation5 ship to grade and course requirements, appropriate6 ness of program management, appropriateness of the

7 program’s staff professional development, and appro8 priateness of the language of instruction;

9 ‘‘(3) program context indicators that describe the

10 relationship of the activities funded under the grant

11 to the overall school program and other Federal,

12 State, or local programs serving children and youth

13 of limited-English-proficiency; and

14 ‘‘(4) such other information as the Secretary

15 may require.

16 ‘‘PART B—RESEARCH AND DISSEMINATION

17 ‘‘SEC. 7201. USE OF FUNDS.

18 ‘‘The Secretary is authorized to conduct data collec19 tion, dissemination, research, and evaluation activities

20 through the Office of Bilingual Education and Minority

21 Languages Affairs for the purpose of improving bilingual

22 education and special alternative instruction programs for

23 children and youth of limited-English-proficiency.
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1 ‘‘SEC. 7202. RESEARCH.

2 ‘‘(a) RESEARCH ACTIVITIES.—The Secretary shall

3 support through competitive grants contracts and coopera4 tive agreements to institutions of higher education, non5 profit and for-profit organizations, and local and State

6 educational agencies, funds for research with a practical

7 application to teachers, counselors, paraprofessionals, school

8 administrators, parents, and others involved in improving

9 the education of limited-English-proficient students and

10 their families.

11 ‘‘(b) AUTHORIZED ACTIVITIES.—

12 ‘‘(1) The Secretary may conduct research activi13 ties that include—

14 ‘‘(A) identifying criteria for the establish15 ment, use and monitoring of local, State, or na16 tional education goals, content, performance and

17 delivery standards, and assessments for all stu18 dents that provide for appropriate, valid, reli19 able, and fair participation by limited-English20 proficient and language-minority students;

21 ‘‘(B) identifying determinants of appro22 priate high quality secondary school programs

23 for limited-English-proficient students, and high

24 quality curriculum-related instructional mate25 rials;
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1 ‘‘(C) identifying determinants of appro2 priate high quality early childhood development

3 programs for limited-English-proficient children,

4 including families, and appropriate high quality

5 materials;

6 ‘‘(D) studies to identify models of effective

7 program coordination that support students

8 while in transition to English language class9 rooms that develop and maintain high levels of

10 proficiency in the native languages and English;

11 ‘‘(E) studies of effective curricula and in12 structional strategies for the development and

13 maintenance of high levels of student proficiency

14 in both their native language and English, in15 cluding the role of family, community, and ca16 reer contexts;

17 ‘‘(F) identification of strategies for effective

18 participation by limited-English-proficient par19 ents in their children’s education for attainment

20 of educational excellence;

21 ‘‘(G) identifying methods of improving clas22 sification, placement, and services to limited23 English-proficient students including, but not

24 limited to their participation in early childhood

25 development programs, title I, special education,
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1 foreign language education, and gifted and tal2 ented education;

3 ‘‘(H) identification of methods for effective

4 delivery of bilingual education to rural schools

5 and in the less-commonly-taught languages using

6 educational technology and electronic commu7 nications networks;

8 ‘‘(I) identification of trends in demand for

9 language skills and of career opportunities for

10 individuals with high levels of proficiency in

11 English and a second language; and

12 ‘‘(J) establishing through the National Cen13 ter for Education Statistics and in consultation

14 with the Office of Bilingual Education and Mi15 nority Languages Affairs, and experts in bilin16 gual education, second language acquisition and

17 English-as-a-second language, a common defini18 tion of ‘limited-English-proficient student’ for

19 purposes of national data collection.

20 ‘‘(c) FIELD-INITIATED RESEARCH.—The Secretary

21 shall reserve at least 5 percent of the funds available under

22 this section for field-initiated research by current or recent

23 recipients of grants under parts A or C of this title. Re24 search must be conducted by current grant recipients or by

25 former recipients who have received such grants within the
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1 previous 5 years. Field-initiated research may provide for

2 longitudinal studies of students or teachers in bilingual

3 education, monitoring the education of such students from

4 entry in bilingual education through high school comple5 tion. Applicants may submit an application for field-initi6 ated research at the same time as applications are submit7 ted under part A or part C. The Secretary shall complete

8 a review of such applications on a timely basis to allow

9 research and program grants to proceed in coordination

10 where appropriate.

11 ‘‘(d) CONSULTATION.—The Secretary shall consult

12 with agencies and organizations that are engaged in bilin13 gual education research and practice, or related research,

14 and bilingual education researchers and practitioners to

15 identify areas of study and activities to be funded under

16 this section.

17 ‘‘(e) COORDINATION.—Research activities supported

18 under this section—

19 ‘‘(1) shall be carried out in consultation with the

20 Office of Educational Research and Improvement to

21 ensure that such activities are coordinated with and

22 enhance the research and development activities sup23 ported by the Office; and

24 ‘‘(2) may include collaborative research activities

25 which are jointly funded and carried out by the Office
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1 of Bilingual Education and Minority Language Af2 fairs and the Office of Educational Research and Im3 provement.

4 ‘‘(f) DATA COLLECTION.—The Secretary shall provide

5 for the continuation of data collection on limited-English6 proficient students as part of the data systems operated by

7 the Department.

8 ‘‘SEC. 7203. ACADEMIC EXCELLENCE AWARDS.

9 ‘‘(a) AWARDS.—The Secretary may make grants to,

10 and enter into contracts and cooperative agreements with,

11 State and local educational agencies, nonprofit organiza12 tions, and institutions of higher education to promote the

13 adoption and implementation of bilingual education, spe14 cial alternative instruction programs, and professional de15 velopment programs that demonstrate great promise of as16 sisting children and youth of limited-English-proficiency to

17 meet challenging State standards.

18 ‘‘(b) APPLICATIONS.—(1) An entity desiring to receive

19 an award under this section shall submit an application

20 to the Secretary in such form, at such time, and containing

21 such information and assurances as the Secretary may re22 quire.

23 ‘‘(2) The Secretary shall use a peer review process,

24 using effectiveness criteria that the Secretary shall establish,

25 to review applications under this section.
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1 ‘‘(c) USE OF FUNDS.—Funds under this section shall

2 be used to enhance the capacity of States and local edu3 cation agencies to provide high quality academic programs

4 for children and youth of limited-English-proficiency,

5 which may include—

6 ‘‘(1) completing the development of such pro7 grams;

8 ‘‘(2) professional development of staff participat9 ing in bilingual education programs;

10 ‘‘(3) sharing strategies and materials; and

11 ‘‘(4) supporting professional networks.

12 ‘‘(d) COORDINATION.—Recipients of funds under this

13 section shall coordinate their activities with those carried

14 out by comprehensive technical assistance centers under

15 title II of this Act.

16 ‘‘SEC. 7204. STATE GRANT PROGRAM.

17 ‘‘(a) STATE GRANT PROGRAM.—The Secretary is au18 thorized to make an award to a State educational agency

19 that demonstrates, to the satisfaction of the Secretary, that

20 its approved plan under title III of the Goals 2000: Educate

21 America Act, if such plan exists, or, if such plan does not

22 exist, its plan under title I of this Act, effectively provides

23 for the education of children and youth of limited-English24 proficiency within the State.
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1 ‘‘(b) PAYMENTS.—The amount paid to a State edu2 cational agency under subsection (a) shall not be less than

3 $100,000 nor greater than 5 percent of the total amount

4 awarded to local educational agencies within the State

5 under part A of this title for the previous fiscal year.

6 ‘‘(c) USE OF FUNDS.—(1) A State educational agency

7 shall use funds for programs authorized by this section to—

8 ‘‘(A) assist local educational agencies in the

9 State with program design, capacity building, assess10 ment of student performance, and program evalua11 tion; and

12 ‘‘(B) collect data on the State’s language-minor13 ity and limited English-proficient populations and

14 the educational programs and services available to

15 these populations.

16 ‘‘(2) The State educational agency may also use funds

17 for the training of State educational agency personnel in

18 educational issues affecting limited-English-proficient chil19 dren and youth.

20 ‘‘(3) Recipients of awards under this section shall not

21 restrict the provision of services under this section to feder22 ally-funded programs.

23 ‘‘(d) STATE CONSULTATION.—A State educational

24 agency receiving funds under this section shall consult with

25 recipients of grants under this title and other individuals
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1 or organizations involved in the development or operation

2 of programs serving limited-English-proficient children or

3 youth to ensure that funds are used in a manner consistent

4 with the requirements of this title.

5 ‘‘(e) APPLICATIONS.—A State educational agency de6 siring to receive an award under this section shall submit

7 an application to the Secretary in such form, at such time,

8 containing such information and assurances as the Sec9 retary may require.

10 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made

11 available under this section for any fiscal year shall be used

12 by the State educational agency to supplement and, to the

13 extent practical, to increase to level of funds that would,

14 in the absence of such funds, be made available by the State

15 for the purposes described in this section, and in no case

16 to supplant such funds.

17 ‘‘(g) REPORT TO THE SECRETARY.—State educational

18 agencies receiving grants under this section shall provide

19 for the annual submission of a summary report to the Sec20 retary containing information on such matters as the Sec21 retary shall, by regulation, determine necessary and proper

22 to achieve the purposes of this title, including information

23 on State capacity and progress in meeting the education

24 needs of all limited-English-proficient children, plans for

25 additional action, the effect of standards and assessments
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1 in improving their education. Such reports shall be in such

2 form and shall be submitted on such date as the Secretary

3 shall specify by regulation.

4 ‘‘SEC. 7205. NATIONAL CLEARINGHOUSE FOR BILINGUAL

5 EDUCATION.

6 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish

7 and support the operation of a National Clearinghouse for

8 Bilingual Education, which shall collect, analyze, syn9 thesize, and disseminate information about bilingual edu10 cation and related programs.

11 ‘‘(b) FUNCTIONS.—The National Clearinghouse for Bi12 lingual Education shall—

13 ‘‘(1) be administered as an adjunct clearinghouse

14 of the ERIC system of clearinghouses supported by the

15 Office of Educational Research and Improvement;

16 ‘‘(2) coordinate its activities with Federal data

17 and information clearinghouses and dissemination

18 networks and systems; and

19 ‘‘(3) develop a data base management and mon20 itoring system for improving the operation and effec21 tiveness of funded programs.

22 ‘‘SEC. 7206. INSTRUCTIONAL MATERIALS DEVELOPMENT.

23 ‘‘The Secretary may provide grants for the develop24 ment, publication and dissemination of high quality in25 structional materials in Native American, Native Hawai-
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1 ian and other languages for which instructional materials

2 are not readily available. The Secretary shall give priority

3 to the development of instructional materials in languages

4 indigenous to the United States, its territories, and freely

5 associated nations. The Secretary shall also accord priority

6 to applications which provide for developing and evaluating

7 materials in collaboration with activities under parts A

8 and C of this title and which are consistent with national

9 and State content standards.

10 ‘‘SEC. 7207. EVALUATION ASSISTANCE CENTERS AND

11 MULTIFUNCTIONAL RESOURCE CENTERS.

12 ‘‘(a) TRANSITION.—The Secretary shall extend grants

13 or contracts for Evaluation Assistance Centers and

14 Multifunctional Resource Centers that are in effect on the

15 date of enactment of the Improving America’s School Act

16 through fiscal year 1996.

17 ‘‘(b) CONTINUITY OF SERVICES.—(1) The Secretary

18 shall ensure that the comprehensive regional technical as19 sistance centers authorized under title II of this Act provide

20 services which are at least equal in volume, scope, and qual21 ity to those provided by Evaluation Assistance Centers and

22 Multifunctional Resource Centers.

23 ‘‘(2) The Secretary shall ensure that the comprehensive

24 regional technical assistance centers authorized under title

25 II of this Act, as amended by the Improving America’s
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1 School Act, provide services which enable children and

2 youth of limited-English-proficiency to meet challenging

3 State and National standards.

4 ‘‘(3) The Secretary shall ensure that the comprehensive

5 technical assistance centers authorized under title II of this

6 Act are established with consideration given to the geo7 graphic and linguistic distribution of children and youth

8 of limited-English-proficiency.

9 ‘‘(c) GIFTS, BEQUESTS, AND DEVISES.—The entities

10 may accept (but not solicit), use, and dispose of gifts, be11 quests, or devises of services or property, both real and per12 sonal for the purpose of aiding or facilitating the work of

13 entities under this section. Gifts, bequests, or devises of

14 money and proceeds from sales of other property received

15 as gifts, bequests or devises shall be deposited in the Treas16 ury and shall be available for disbursement upon order of

17 the national clearinghouse on bilingual education, the Eval18 uation and Assistance Center or Multifunctional Resource

19 Center, respectively.

20 ‘‘PART C—BILINGUAL EDUCATION TEACHER

21 TRAINING

22 ‘‘SEC. 7301. PURPOSE.

23 ‘‘The purpose of this part is to assist in preparing edu24 cators to improve the delivery of educational services to lan25 guage-minority and limited-English-proficient children
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1 and youth. This part supports the training of all edu2 cational personnel to serve more effectively limited-English3 proficient students. The goal of this part is to provide for

4 the training of not less than 50,000 teachers who meet pro5 fessional preparation and certification standards for bilin6 gual education teachers by the year 2000.

7 ‘‘SEC. 7302. TRAINING FOR ALL TEACHERS PROGRAM.

8 ‘‘(a) PURPOSE.—The purpose of this section is to pro9 vide for the incorporation of courses and curricula on ap10 propriate and effective instructional and assessment meth11 odologies, strategies and resources specific to limited-Eng12 lish-proficient and language-minority students into edu13 cation personnel preparation programs for teachers, coun14 selors, administrators and other education personnel.

15 ‘‘(b) AUTHORIZATION.—The Secretary shall award

16 grants for up to 5 years to institutions of higher education,

17 local educational agencies, and State educational agencies

18 or to nonprofit organizations which have entered into con19 sortia arrangements with one of such institutions, agencies,

20 or organizations.

21 ‘‘(c) PERMISSIBLE ACTIVITIES.—Activities conducted

22 under this section may include the development of training

23 programs in collaboration with training under titles I and

24 II of this Act, the Head Start Act, and other relevant pro25 grams.
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1 ‘‘(d) PRIORITY.—The Secretary shall give priority to

2 applications from institutions of higher education which

3 currently operate, with full-time tenured faculty, programs

4 to prepare educators and administrators to work with lan5 guage-minority and limited-English-proficient students in

6 bilingual education settings and from institutions of higher

7 education which are attempting to start bilingual teacher

8 training programs if such institutions demonstrate a sig9 nificant commitment in financial and human resources, in10 cluding cash and in-kind. The Secretary shall give special

11 consideration to applications for such programs which pro12 vide training of secondary school teachers or early childhood

13 development teachers. Such special consideration would not

14 disallow the funding of applications for exemplary pro15 grams for the training of elementary school teachers.

16 ‘‘SEC. 7303. BILINGUAL EDUCATION TEACHERS AND PER17 SONNEL GRANTS.

18 ‘‘(a) PURPOSE.—The purpose of this section is to pro19 vide for degree programs to prepare new bilingual edu20 cation teachers, administrators, counselors, and other edu21 cational personnel to meet high professional standards for

22 bilingual education teachers and to increase the availability

23 of educators to provide high quality education limited-Eng24 lish-proficient students.
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1 ‘‘(b) AUTHORIZATION.—The Secretary shall award

2 grants for up to 5 years to institutions of higher education

3 in consortia with local or State educational agencies.

4 ‘‘SEC. 7304. BILINGUAL EDUCATION CAREER LADDER PRO5 GRAM.

6 ‘‘(a) PURPOSE.—The purpose of this section is to up7 grade the qualifications and skills of non-certified edu8 cational personnel, especially educational paraprofes9 sionals, to meet high professional standards, including cer10 tification and licensure as bilingual education teachers and

11 other educational personnel who serve limited-English-pro12 ficient students, through collaborative training programs

13 operated by institutions of higher education and local and

14 State educational agencies. Grants for programs under this

15 section may also provide for collaborative programs oper16 ated by institutions of higher education and secondary

17 schools which are designed to recruit and train secondary

18 school students as bilingual education teachers and other

19 educational personnel to serve limited-English-proficient

20 students.

21 ‘‘(b) AUTHORIZATION.—The Secretary shall award

22 grants of up to 5 years for bilingual education career ladder

23 programs to institutions of higher education applying in

24 consortia with local or State educational agencies; consortia
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1 may include community-based organizations or profes2 sional education organizations.

3 ‘‘(c) ACTIVITIES.—Grants funded under this section

4 may—

5 ‘‘(1) include the development of bilingual edu6 cation career ladder program curricula appropriate

7 to the needs of the consortium participants;

8 ‘‘(2) provide assistance for stipends and costs re9 lated to tuition, fees and books for enrolling in courses

10 required to complete degree and certification require11 ments as bilingual education teachers; and

12 ‘‘(3) include programs to introduce secondary

13 school students to careers in bilingual education

14 teaching that are coordinated with other activities

15 under this program.

16 ‘‘(d) SPECIAL CONSIDERATION.—The Secretary shall

17 give special consideration to applications under this section

18 which provide for—

19 ‘‘(1) participant completion of baccalaureate and

20 masters degree teacher education programs, certifi21 cation and may include effective employment place22 ment activities;

23 ‘‘(2) development of teacher proficiency in Eng24 lish and a second language, including required dem-
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1 onstration of proficiency in the instructional use of

2 English and a second language in classroom contexts;

3 ‘‘(3) coordination with Trio, the Teacher Corps,

4 National Community and Service Trust Act, Mini

5 Corps, and other programs for the recruitment and

6 retention of bilingual students in secondary and post7 secondary programs to train as bilingual educators;

8 and

9 ‘‘(4) the applicant’s contribution of additional

10 student financial aid to participating students.

11 ‘‘SEC. 7305. GRADUATE FELLOWSHIPS IN BILINGUAL EDU12 CATION PROGRAM.

13 ‘‘(a) AUTHORIZATION.—The Secretary may award fel14 lowships for masters, doctoral, and post-doctoral study re15 lated to instruction of children and youth of limited-Eng16 lish-proficiency in such areas as teacher training, program

17 administration, research and evaluation, and curriculum

18 development, and for the support of dissertation research

19 related to such study. For fiscal year 1994 not less than

20 500 fellowships leading to a masters or doctorate degree

21 shall be awarded under this section, rising each subsequent

22 year of this authorization by not less than 50. The Secretary

23 shall include information on the operation and the number

24 of fellowships awarded under the fellowship program in the

25 report required under section 7401 of this title.
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1 ‘‘(b) FELLOWSHIP REQUIREMENTS.—(1) Any person

2 receiving a fellowship under this section shall agree to—

3 ‘‘(A) work in an activity related to the program

4 or in an activity such as those authorized under this

5 title, including work as a bilingual education teacher,

6 for a period of time equivalent to the period of time

7 during which such person receives assistance under

8 this title; or

9 ‘‘(B) repay such assistance.

10 ‘‘(2) The Secretary shall establish in regulations such

11 terms and conditions for such agreement as the Secretary

12 deems reasonable and necessary and may waive the require13 ment of paragraph (1) in extraordinary circumstances.

14 ‘‘(c) The Secretary may give priority to institutions

15 of higher education that demonstrate experience in assisting

16 fellowship recipients find employment in the field of bilin17 gual education.

18 ‘‘SEC. 7306. APPLICATIONS.

19 ‘‘(a) IN GENERAL.—Each applicant or consortium

20 that desires to receive a grant under this part shall submit

21 an application to the Secretary and the State educational

22 agency or State board for higher education as appropriate,

23 at such time and in such manner as the Secretary shall

24 prescribe. The application shall demonstrate integration,

25 where appropriate, with the State and local plans, if such
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1 plans exist, for serving limited-English-proficient students.

2 The State and local educational agency, and where applica3 ble the State board for higher education, may comment in

4 writing on the application indicating how the application

5 furthers State education reform activities, including the

6 provision of appropriate high quality education to all lan7 guage minority students. If the State educational agency

8 or State Board for Higher Education submits comments on

9 any application, it shall submit comments on all. The Sec10 retary shall take any written comments that have been

11 made into consideration when considering applications

12 under this part.

13 ‘‘(b) ELIGIBLE ENTITIES.—

14 ‘‘(1) A grant may be made under this part upon

15 application of an institution of higher education, ap16 plying individually or jointly with one or more local

17 educational agencies, nonprofit organizations, or

18 State educational agencies.

19 ‘‘(2) The Secretary shall provide for outreach

20 and technical assistance to institutions of higher edu21 cation eligible under title III of the Higher Education

22 Act and institutions of higher education that are op23 erated or funded by the Bureau of Indian Affairs to

24 facilitate their participation in activities under this

25 part.
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1 ‘‘(3) In making grants under this part, the Sec2 retary shall, consistent with subsection (d), ensure

3 adequate representation of Hispanic serving institu4 tions that demonstrate competence and experience in

5 the programs and activities authorized under this

6 title and are otherwise qualified.

7 ‘‘(c) APPLICATION REQUIREMENTS FOR BILINGUAL

8 TEACHER TRAINING PROGRAMS.—The application shall

9 demonstrate integration, where appropriate, with the State

10 plan, if one exists, for serving limited-English-proficient

11 students.

12 ‘‘(d) PREFERENCE IN ASSISTANCE AND PURPOSE OF

13 TRAINING.—

14 ‘‘(1) In making a grant under this part the Sec15 retary shall give preference to programs which—

16 ‘‘(A) include tenured faculty in bilingual

17 education, and

18 ‘‘(B) and for institutions of higher edu19 cation which are attempting to start bilingual

20 teacher training programs if such institutions

21 demonstrate a significant commitment in finan22 cial and human resources, including cash and

23 in-kind.

24 ‘‘(C) provide additional resources for such

25 training from other sources.
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1 ‘‘(2) In making grants under sections 7302, 7303

2 and 7304, the Secretary shall give special consider3 ation to programs that ensure that individuals com4 pleting such programs demonstrate proficiency in

5 English and a second language.

6 ‘‘SEC. 7307. PROGRAM REQUIREMENTS.

7 ‘‘Activities conducted under this part shall assist edu8 cational personnel in meeting State and local certification

9 requirements for bilingual education and, wherever possible,

10 shall award college or university credit.

11 ‘‘SEC. 7308. STIPENDS.

12 ‘‘The Secretary shall provide for the payment of such

13 stipends (including allowances for subsistence and other ex14 penses for such persons and their dependents), as the Sec15 retary determines to be appropriate, to persons participat16 ing in training programs under this part.

17 ‘‘SEC. 7309. PROGRAM EVALUATIONS UNDER PART C.

18 ‘‘Each recipient of funds under part C of this title shall

19 provide the Secretary with an evaluation of its program

20 every two years. Such evaluation shall include data on—

21 ‘‘(1) post-program placement of persons trained;

22 ‘‘(2) how the training relates to the employment

23 of persons served by the program;

24 ‘‘(3) program completion; and
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1 ‘‘(4) such other information as the Secretary

2 may require.

3 ‘‘PART D—ADMINISTRATION

4 ‘‘SEC. 7401. OFFICE OF BILINGUAL EDUCATION AND MINOR5 ITY LANGUAGE AFFAIRS.

6 ‘‘(a) ESTABLISHMENT.—There shall be, in the Depart7 ment of Education, an Office of Bilingual Education and

8 Minority Languages Affairs through which the Secretary

9 shall carry out functions relating to bilingual education.

10 ‘‘(b) DIRECTOR.—(1) The Office shall be headed by a

11 Director of Bilingual Education and Minority Languages

12 Affairs, appointed by the Secretary, to whom the Secretary

13 shall delegate all delegable functions relating to bilingual

14 education. The Director shall also be assigned responsibility

15 for recommending improvements and providing technical

16 assistance to other Federal programs serving language-mi17 nority and limited-English-proficient students and their

18 families and for assisting the Assistant Secretary of the Of19 fice of Educational Research and Improvement in identify20 ing research priorities which reflect the needs of language21 minority and limited-English language proficient students.

22 ‘‘(2) The Office shall be organized as the Director de23 termines to be appropriate in order to carry out such func24 tions and responsibilities effectively.
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1 ‘‘(3) The Secretary shall ensure that limited-English2 proficient and language-minority students are included in

3 ways that are valid, reliable and fair under all standards

4 and assessment development conducted or funded by the De5 partment.

6 ‘‘(c) REPORT.—The Director shall prepare and, not

7 later than February 1 of every other year, shall submit to

8 Congress, the President, the Governors, and the clearing9 house a report on—

10 ‘‘(1) the activities carried out under this title

11 and their effectiveness in improving the education

12 provided to limited-English-proficient children and

13 youth;

14 ‘‘(2) a critical synthesis of data reported by the

15 States pursuant to section 7204;

16 ‘‘(3) an estimate of the number of certified bilin17 gual education personnel in the field and an estimate

18 of the number of bilingual education teachers which

19 will be needed for the succeeding 5 fiscal years;

20 ‘‘(4) the major findings of research carried out

21 under this title; and

22 ‘‘(5) recommendations for further developing the

23 capacity of our Nation’s schools to educate effectively

24 limited-English-proficient students.
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1 ‘‘(d) ASSESSMENT OF GATEWAY EDUCATION.—The

2 Secretary shall prepare a report on the education of all stu3 dents who reside near the United States border with Can4 ada and Mexico or areas or communities which serve as

5 a gateway for immigrants to the United States. Gateway

6 communities shall include Hawaii, the Commonwealth of

7 Puerto Rico, as well as the territories and freely associated

8 nations. The report shall identify trends in student and out9 of-school youth immigration trends, appropriate procedures

10 for the international transfer of records, the language pro11 ficiency of students living in border and gateway areas, and

12 opportunities for teacher exchange. Such efforts shall be co13 ordinated with other ongoing efforts in this area. A prelimi14 nary report on these issues shall be provided to the Congress

15 not later than 2 years after the enactment of this Act. The

16 final report including policy proposals for improvements

17 in these areas shall be provided to Congress and the Presi18 dent not later than October 21, 1997.

19 ‘‘(e) COORDINATION WITH RELATED PROGRAMS.—In

20 order to maximize Federal efforts aimed at serving the edu21 cational needs of children and youth of limited-English pro22 ficiency, the Secretary shall coordinate and ensure close co23 operation with other programs serving language-minority

24 and limited-English-proficient students that are adminis25 tered by the Department of Education and other agencies.
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1 The Secretary shall consult with the Secretary of Labor, the

2 Secretary of Health and Human Services, the Secretary of

3 Agriculture, Attorney General and other relevant agencies

4 to identify and eliminate barriers to appropriate coordina5 tion of programs that affect language-minority and limited6 English-proficient students and their families. The Sec7 retary shall provide for continuing consultation and col8 laboration between Office and relevant programs operated

9 by the Department, including title I and other programs

10 in this Act, in planning, contracts, providing joint tech11 nical assistance, providing joint field monitoring activities

12 and in other relevant activities to ensure effective program

13 coordination to provide high quality education opportuni14 ties to all language-minority and limited-English-proficient

15 students. In no case shall such coordination at the local,

16 State or Federal level permit funds under this title to be

17 used in programs that do not provide bilingual education

18 or special alternative instructional programs for the in19 struction of language-minority or limited-English-pro20 ficient students.

21 ‘‘(f) The Secretary shall, to the extent feasible, ensure

22 that all data collected shall include for the collection and

23 reporting of data on limited-English-proficient students in

24 all Departmental data keeping and with respect to all Fed25 eral education programs.
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1 ‘‘(g) STAFFING REQUIREMENTS.—The Secretary shall

2 ensure that the Office of Bilingual Education and Minority

3 Language Affairs is staffed with sufficient personnel

4 trained or with experience in bilingual education to dis5 charge effectively the provisions of this title.

6 ‘‘(1) Notwithstanding section 403 of the Depart7 ment of Education Organization Act, the Assistant

8 Secretary may appoint not more than 7 additional

9 employees to serve as staff without regard to the pro10 visions of title 5, United States Code, governing ap11 pointments in the competitive service.

12 ‘‘(2) The employees appointed under paragraph

13 (1) may be paid without regard to the provisions of

14 chapter 51 and subchapter III of chapter 53 of that

15 title relating to classification and General Schedule

16 pay rates, but shall not be paid a rate that exceeds

17 the minimum rate of basic pay payable for GS–15 of

18 the General Schedule.

19 ‘‘(h) READING APPLICATIONS.—For the purpose of

20 reading applications for competitive grants authorized

21 under this title, the Secretary shall use persons who are not

22 employees of the Federal Government and who are experi23 enced and involved in bilingual education including teach24 ers, researchers, and administrators of educational pro25 grams similar to those assisted under this title. Readers of
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1 applications for grants involving conservation of Indian

2 languages and other indigenous language which are subject

3 to loss shall include individuals with expertise in such pro4 grams. The Secretary shall solicit nominations for applica5 tion readers from State directors of bilingual education,

6 graduate programs of bilingual education, tribal organiza7 tions and professional associations and shall have readers

8 serve for a period of 3 years.

9 ‘‘(i) PUBLICATION OF PROPOSALS.—The Secretary

10 shall publish and disseminate all requests for proposals for

11 programs funded under this title.

12 ‘‘SEC. 7402. RELEASE TIME.

13 ‘‘Professional development programs funded under this

14 Act shall permit use of funds for professional release time

15 to enable participation in programs assisted under this

16 part.

17 ‘‘SEC. 7403. EDUCATION TECHNOLOGY.

18 ‘‘Funds available under this Act may be used to pro19 vide for the acquisition or development of education tech20 nology or instructional materials, including authentic ma21 terials in languages other than English, access to and par22 ticipation in electronic networks for materials, training

23 and communications, and incorporation of such resources

24 in curricula and programs such as those funded under this

25 title.
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1 ‘‘SEC. 7404. NOTIFICATION.

2 ‘‘The State educational agency, when applicable, the

3 State Board for postsecondary education, when applicable,

4 the clearinghouse, the applicable Evaluation and Assistance

5 Center and Multifunctional Resource Center shall be noti6 fied within three working days of the date a grant is made

7 to an eligible entity within the State.

8 ‘‘SEC. 7405. CONTINUED ELIGIBILITY.

9 ‘‘Entities receiving grants under this title shall remain

10 eligible for grants for subsequent activities which extend or

11 expand and do not duplicate those activities supported by

12 a previous grant under this title. In considering applica13 tions for grants under this title the Secretary shall take into

14 consideration the applicant’s record of accomplishments

15 under previous grants.

16 ‘‘SEC. 7406. LIMITATION OF AUTHORITY.

17 ‘‘The Secretary shall not impose restrictions on the

18 availability of funds authorized under this title other than

19 those set out in this title or other applicable Federal statutes

20 and regulations.

21 ‘‘PART E—TRANSITION

22 ‘‘SEC. 7501. TRANSITION PROVISIONS.

23 ‘‘Any grant or contract awarded under this title prior

24 to the date of the enactment of the Improving America’s

25 Schools Act of 1994 shall be allowed to continue the term

26 of the original award in accordance with the conditions of
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1 the original award but not for a period in excess of 3 years

2 from the date of the grant or contract.

3 ‘‘PART F—EMERGENCY IMMIGRANT EDUCATION

4 PROGRAM

5 ‘‘SEC. 7601. PURPOSE.

6 ‘‘The purpose of this part is to assist eligible local edu7 cational agencies that experience unexpectedly large in8 creases in their student population due to immigration to—

9 ‘‘(1) provide high-quality instruction to immi10 grant children and youth; and

11 ‘‘(2) help such children and youth—

12 ‘‘(A) with their transition into American

13 society; and

14 ‘‘(B) meet the same challenging State per15 formance standards expected of all children and

16 youth.

17 ‘‘SEC. 7602. STATE ADMINISTRATIVE COSTS.

18 ‘‘For any fiscal year, a State educational agency may

19 reserve up to 1.5 percent of the amount allocated to it under

20 section 7604 to pay the costs of performing its administra21 tive functions under this part.

22 ‘‘SEC. 7603. WITHHOLDING.

23 ‘‘Whenever the Secretary, after reasonable notice and

24 opportunity for a hearing to any State educational agency,

25 finds that there is a failure to meet the requirement of any
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1 provision of this part, the Secretary shall notify that agency

2 that further payments will not be made to the agency under

3 this part, or in the discretion of the Secretary, that the

4 State educational agency shall not make further payments

5 under this part to specified local educational agencies whose

6 actions cause or are involved in such failure until the Sec7 retary is satisfied that there is no longer any such failure

8 to comply. Until the Secretary is so satisfied, no further

9 payments shall be made to the State educational agency

10 under this part, or payments by the State educational agen11 cy under this part shall be limited to local educational

12 agencies whose actions did not cause or were not involved

13 in the failure, as the case may be.

14 ‘‘SEC. 7604. STATE ALLOCATIONS.

15 ‘‘(a) PAYMENTS.—The Secretary shall, in accordance

16 with the provisions of this section, make payments to State

17 educational agencies for each of the fiscal years 1995

18 through 1999 for the purpose set forth in section 7601.

19 ‘‘(b) ALLOCATIONS.—(1) Except as provided in sub20 sections (c) and (d) of this section, of the amount appro21 priated for each fiscal year for this part, each State partici22 pating in this program shall receive a share equal to the

23 proportion of its number of immigrant children and youth

24 who are enrolled in elementary and secondary public

25 schools under the jurisdiction of each local educational
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1 agency described in paragraph (2) within that State, and

2 in elementary and secondary nonpublic schools within the

3 district served by each such local educational agency, rel4 ative to the total number of immigrant children and youth

5 so enrolled in all the States participating in this program.

6 ‘‘(2) The local educational agencies referred to in para7 graph (1) are those local educational agencies in which the

8 sum of the number of immigrant children and youth who

9 are enrolled in elementary or secondary public schools

10 under the jurisdiction of such agencies, and in elementary

11 or secondary nonpublic schools within the districts served

12 by such agencies, during the fiscal year for which the pay13 ments are to be made under this part, is equal to—

14 ‘‘(A) at least 500; or

15 ‘‘(B) at least 3 percent of the total number of

16 students enrolled in such public or nonpublic schools

17 during such fiscal year;

18 whichever number is less.

19 ‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN AND

20 YOUTH.—(1) Determinations by the Secretary under this

21 section for any period with respect to the number of immi22 grant children and youth shall be made on the basis of data

23 or estimates provided to the Secretary by each State edu24 cational agency in accordance with criteria established by

25 the Secretary, unless the Secretary determines, after notice
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1 and opportunity for a hearing to the affected State edu2 cational agency, that such data or estimate are clearly erro3 neous.

4 ‘‘(2) No such determination with respect to the number

5 of immigrant children and youth shall operate because of

6 an underestimate or overestimate to deprive any State edu7 cational agency of the allocation under this section that

8 such agency would otherwise have received had such deter9 mination been made on the basis of accurate data.

10 ‘‘(d) REALLOCATION.—Whenever the Secretary deter11 mines that any amount of a payment made to a State

12 under this part for a fiscal year will not be used by such

13 State for carrying out the purpose for which the payment

14 was made, the Secretary shall make such amount available

15 for carrying out such purpose to one or more other States

16 to the extent the Secretary determines that such other States

17 will be able to use such additional amount of carrying out

18 such purpose. Any amount made available to a State from

19 any appropriation for a fiscal year in accordance with the

20 preceding sentence shall, for purposes of this part, be re21 garded as part of such State’s payment (as determined

22 under subsection (b)) for such year, but shall remain avail23 able until the end of the succeeding fiscal year.

24 ‘‘(e) RESERVATION OF FUNDS.—(1) If appropriations

25 under this part exceed $40,000,000 for a fiscal year, a State
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1 educational agency may reserve up to 20 percent of its pay2 ment for redistribution through competitive grants to local

3 educational agencies within the State in the following man4 ner:

5 ‘‘(A) At least one-half of such grants shall be

6 made to local educational agencies within the State

7 with the highest numbers and percentages of immi8 grant children and youth.

9 ‘‘(B) Remaining funds shall be distributed to

10 local educational agencies within the State with a

11 sudden influx of immigrant children and youth which

12 are otherwise not eligible for assistance under this

13 part.

14 ‘‘(2) Local educational agencies with the highest num15 ber of immigrant children and youth receiving additional

16 funds under this subsection may make information avail17 able on serving immigrant children and youth to areas in

18 the State with sparse numbers of such children.

19 ‘‘SEC. 7605. STATE APPLICATIONS.

20 ‘‘(a) SUBMISSION.—No State educational agency shall

21 receive any payment under this part for any fiscal year

22 unless such agency submits an application to the Secretary

23 at such time, in such manner, and containing or accom24 panied by such information, as the Secretary may reason25 ably require. Each such application shall—
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1 ‘‘(1) provide that the educational programs, serv2 ices, and activities for which payments under this

3 part are made will be administered by or under the

4 supervision of the agency;

5 ‘‘(2) provide assurances that payments under

6 this part will be used for purposes set forth in section

7 7601, including a description of how local educational

8 agencies receiving funds under this part will use such

9 funds to meet such purposes, and how the program

10 designs are consistent with other education improve11 ment plans, including any developed under Goals

12 2000: Educate America Act, if such plan exists, or

13 title I;

14 ‘‘(3) provide assurances that such payments,

15 with the exception of payments reserved under section

16 7604(e), will be distributed among local educational

17 agencies within that State on the basis of the number

18 of immigrant children and youth counted with respect

19 to each such local educational agency under section

20 7604(b)(1);

21 ‘‘(4) provide assurances that the State edu22 cational agency will not finally disapprove in whole

23 or in part any application for funds received under

24 this part without first affording the local educational
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1 agency submitting an application for such funds rea2 sonable notice and opportunity for a hearing;

3 ‘‘(5) provide for making such reports as the Sec4 retary may reasonably require to perform the func5 tions under this part;

6 ‘‘(6) provide assurances—

7 ‘‘(A) that to the extent consistent with the

8 number of immigrant children and youth en9 rolled in the elementary or secondary nonpublic

10 schools within the district served by a local edu11 cational agency, such agency, after consultation

12 with appropriate officials of such schools, shall

13 provide for the benefit of these children and

14 youth secular, neutral, and nonideological serv15 ices, materials, and equipment necessary for the

16 education of such children and youth;

17 ‘‘(B) that the control of funds provided

18 under this part and title to any materials,

19 equipment, and property repaired, remodeled, or

20 constructed with those funds shall be in a public

21 agency for the uses and purposes provided in

22 this part, and a public agency shall administer

23 such funds and property; and

24 ‘‘(C) that the provision of services pursuant

25 to this paragraph shall be provided by employees
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1 of a public agency or through contract by such

2 public agency with a person, association, agency,

3 or corporation who or which, in the provision of

4 such services, is independent of such elementary

5 or secondary nonpublic school and of any reli6 gious organization; and such employment or con7 tract shall be under the control and supervision

8 of such public agency, and the funds provided

9 under this paragraph shall not be commingled

10 with State or local funds;

11 ‘‘(7) provide that funds reserved under subsection

12 (e) of section 7604 be awarded on the basis of merit

13 and need consistent with such subsection; and

14 ‘‘(8) provide an assurance that State and local

15 educational agencies receiving funds under this part

16 will comply with the requirements of section 1121(b).

17 ‘‘SEC. 7606. PAYMENTS.

18 ‘‘(a) AMOUNT.—The Secretary shall pay by not later

19 than June 1 of each year to each State educational agency

20 that has its application approved under section 7605 the

21 amount of the State’s allocation as determined under sec22 tion 7604.

23 ‘‘(b) SERVICES TO CHILDREN ENROLLED IN

24 NONPUBLIC SCHOOLS.—If by reason of any provision of

25 law a local educational agency is prohibited from providing
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1 educational services for children enrolled in elementary and

2 secondary nonpublic schools, as required by section

3 7605(a)(6), or if the Secretary determines that a local edu4 cational agency has substantially failed or is unwilling to

5 provide for the participation on an equitable basis of chil6 dren enrolled in such schools, the Secretary may waive such

7 requirement and shall arrange for the provision of services

8 to such children through arrangements which shall be sub9 ject to the requirements of this part. Such waivers shall be

10 subject to consultation, withholding, notice, and judicial re11 view requirements in accordance with the provisions of title

12 I.

13 ‘‘SEC. 7607. USES OF FUNDS.

14 ‘‘(a) USE OF FUNDS.—Funds awarded under this part

15 shall be used to pay for enhanced instructional opportuni16 ties for immigrant children and youth, which may in17 clude—

18 ‘‘(1) family literacy, parent outreach, and train19 ing activities designed to assist parents to become ac20 tive participants in the education of their children;

21 ‘‘(2) salaries of personnel, including teacher

22 aides who have been specifically trained, or are being

23 trained, to provide services to immigrant children

24 and youth;
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1 ‘‘(3) tutorials, mentoring, and academic or ca2 reer counseling for immigrant children and youth;

3 ‘‘(4) identification and acquisition of curricular

4 materials, educational software, and technologies to be

5 used in the program; and

6 ‘‘(5) such other activities, related to the purposes

7 of this part, as the Secretary may authorize.

8 ‘‘(b) CONSORTIA.—A local educational agency that re9 ceives a grant under this part may collaborate or form a

10 consortium with one or more local educational agencies, in11 stitutions of higher education, and non-profit organizations

12 to carry out the approved program.

13 ‘‘(c) SUBGRANTS.—A local educational agency that re14 ceives a grant under this part may, with the approval of

15 the Secretary, make a subgrant to, or enter into a contract

16 with, an institution of higher education, a non-profit orga17 nization, or a consortium of such entities to carry out an

18 approved program, including a program to serve out-of19 school youth.

20 ‘‘SEC. 7608. REPORTS.

21 ‘‘(a) TRIENNIAL REPORT.—Each State educational

22 agency receiving funds under this part shall submit, once

23 every 3 years, a report to the Secretary concerning the ex24 penditure of funds by local educational agencies under this

25 part. Each local educational agency receiving funds under
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1 this part shall submit to the State educational agency such

2 information as may be necessary for such report.

3 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall sub4 mit, once every 3 years, a report to the appropriate commit5 tees of the Congress concerning programs under this part.

6 ‘‘SEC. 7609. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘For the purpose of carrying out the provisions of this

8 part, there are authorized to be appropriated $40,000,000

9 in fiscal year 1995, and such sums as may be necessary

10 for each of the fiscal years 1996, 1997, 1998, and 1999.

11 ‘‘TITLE VIII—IMPACT AID

12 ‘‘SEC. 8001. FINDINGS.

13 ‘‘The Congress finds that—

14 ‘‘(1) certain activities of the Federal Government

15 place a financial burden on the local educational

16 agencies serving areas where such activities are car17 ried out; and

18 ‘‘(2) it is the shared responsibility of the Federal

19 Government, the States, and local educational agen20 cies to provide for the education of children connected

21 to those activities.

22 ‘‘SEC. 8002. PURPOSE.

23 ‘‘In order to fulfill the Federal responsibility to assist

24 with the provision of educational services to federally con25 nected children, and to help them meet challenging State
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1 standards, it is the purpose of this title to provide financial

2 assistance to local educational agencies that—

3 ‘‘(1) experience a substantial and continuing fi4 nancial burden due to the acquisition of real property

5 by the United States;

6 ‘‘(2) educate children who reside on Federal

7 property and whose parents are employed on Federal

8 property;

9 ‘‘(3) educate children of parents who are in the

10 military services and children who live in low-rent

11 housing;

12 ‘‘(4) experience sudden and substantial increases

13 in enrollments because of military realignments; or

14 ‘‘(5) need special assistance with capital expend15 itures for construction activities because of the enroll16 ments of substantial numbers of children who reside

17 on Indian lands or who are defined in sections 2 and

18 3 of the Act of September 23, 1950 (Public Law 815,

19 81st Congress; 20 U.S.C. 631 et seq.).

20 ‘‘SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISI21 TION OF REAL PROPERTY.

22 ‘‘(a) IN GENERAL.—Where the Secretary, after con23 sultation with any local educational agency and with the

24 appropriate State educational agency, determines for a fis25 cal year ending prior to October 1, 1999—
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1 ‘‘(1) that the United States owns Federal prop2 erty in the local educational agency, and that such

3 property—

4 ‘‘(A) has been acquired by the United States

5 since 1938;

6 ‘‘(B) was not acquired by exchange for other

7 Federal property in the local educational agency

8 which the United States owned before 1939; and

9 ‘‘(C) had an assessed value (determined as

10 of the time or times when so acquired) aggregat11 ing 10 percent or more of the assessed value of

12 all real property in the local educational agency

13 (similarly determined as of the time or times

14 when such Federal property was so acquired);

15 ‘‘(2) that the ownership by the United States of

16 such Federal property places a substantial and con17 tinuing financial burden on such agency; and

18 ‘‘(3) that such agency is not being substantially

19 compensated for the loss in revenue resulting from

20 such ownership by increases in revenue accruing to

21 the agency from the conduct of Federal activities with

22 respect to such Federal property,

23 then such agency shall be entitled to receive for such fiscal

24 year such amount as, in the judgment of the Secretary, is

25 equal to the continuing Federal responsibility for the addi-
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1 tional financial burden with respect to current expenditures

2 placed on such agency by the ownership of such Federal

3 property.

4 ‘‘(b) AMOUNT.—

5 ‘‘(1) IN GENERAL.—The amount to which a local

6 educational agency is entitled to receive under sub7 section (a) for a fiscal year—

8 ‘‘(A) shall not exceed—

9 ‘‘(i) the amount which, in the judg10 ment of the Secretary, such agency would

11 have derived in such year, and would have

12 had available for current expenditures, from

13 the property acquired by the United States;

14 and

15 ‘‘(ii) the amount which is equal to the

16 difference of—

17 ‘‘(I) the maximum amount that

18 such agency is eligible to receive for

19 such fiscal year under section

20 8004(b)(1)(C); and

21 ‘‘(II) the amount that such agency

22 receives in such fiscal year under sec23 tion 8004(b)(2); and

24 ‘‘(B) shall be reduced by the Secretary by

25 an amount equal to the amount of revenue, if
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1 any, that such agency received from activities

2 conducted on such property during the previous

3 year.

4 ‘‘(2) APPLICATION OF CURRENT LEVIED REAL

5 PROPERTY TAX RATE.—In making a determination of

6 the amount that would have been derived in such year

7 under paragraph (1)(A)(i), the Secretary shall apply

8 the current levied real property tax rate for current

9 expenditures levied by fiscally independent local edu10 cational agencies or imputed, for fiscally dependent

11 local educational agencies, to the current annually de12 termined aggregate assessed value of such acquired

13 Federal property.

14 ‘‘(3) DETERMINATION OF AGGREGATE ASSESSED

15 VALUE.—Such aggregate assessed value of such ac16 quired Federal property shall be determined (on the

17 basis of the highest and best use of property adjacent

18 to such acquired Federal property as of the time such

19 value is determined), and provided to the Secretary,

20 by the local official responsible for assessing the value

21 of real property located in the jurisdiction of such

22 local educational agency for the purpose of levying a

23 property tax.

24 ‘‘(c) APPLICABILITY TO TENNESSEE VALLEY AUTHOR25 ITY ACT.—For the purposes of this section, any real prop-
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1 erty with respect to which payments are being made under

2 section 13 of the Tennessee Valley Authority Act of 1933

3 shall not be regarded as Federal property.

4 ‘‘(d) OWNERSHIP BY UNITED STATES.—The United

5 States shall be deemed to own Federal property for the pur6 poses of this Act, where—

7 ‘‘(1) prior to the transfer of Federal property, the

8 United States owned Federal property meeting the re9 quirements of subparagraphs (A), (B), and (C) of sub10 section (a)(1); and

11 ‘‘(2) the United States transfers a portion of the

12 property referred to in paragraph (1) to another non13 taxable entity, and the United States—

14 ‘‘(A) restricts some or any construction on

15 such property;

16 ‘‘(B) requires that the property be used in

17 perpetuity for the public purposes for which it

18 was conveyed;

19 ‘‘(C) requires the grantee of the property to

20 report to the Federal government (or its agent)

21 containing information on the use of the prop22 erty;

23 ‘‘(D) except with the approval of the Fed24 eral government (or its agent), prohibits the sale,

25 lease, assignment, or other disposal of the prop-
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1 erty unless such sale, lease, assignment, or other

2 disposal is to another eligible government agen3 cy; and

4 ‘‘(E) reserves to the Federal government a

5 right of reversion at any time the Federal gov6 ernment (or its agent) deems it necessary for the

7 national defense.

8 ‘‘SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CON9 NECTED CHILDREN.

10 ‘‘(a) COMPUTATION OF PAYMENT.—

11 ‘‘(1) IN GENERAL.—For the purpose of comput12 ing the amount that a local educational agency is eli13 gible to receive under subsection (b) or (f) for any fis14 cal year, the Secretary shall determine the number of

15 children who were in average daily attendance in the

16 schools of such agency, and for whom such agency

17 provided free public education, during the preceding

18 school year and who, while in attendance at such

19 schools—

20 ‘‘(A) resided on Federal property and had a

21 parent employed on Federal property situated in

22 whole or in part within the boundaries of the

23 school district of such agency;

24 ‘‘(B) resided on Federal property and had

25 a parent on active duty in the uniformed serv-
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1 ices (as defined in section 101 of title 37, United

2 States Code);

3 ‘‘(C) resided on Indian lands;

4 ‘‘(D) had a parent on active duty in the

5 uniformed services (as defined by section 101 of

6 title 37, United States Code) but did not reside

7 on Federal property; or

8 ‘‘(E) resided in low-rent housing.

9 ‘‘(2) DETERMINATION OF WEIGHTED STUDENT

10 UNITS.—For purposes of computing the basic support

11 payment under subsection (b), the Secretary shall cal12 culate the total number of weighted student units for

13 a local educational agency by adding together the re14 sults obtained by the following computations:

15 ‘‘(A) Multiply the number of children de16 scribed in subparagraphs (A) and (B) of para17 graph (1) who are not eligible to receive services

18 under the Individuals With Disabilities Edu19 cation Act (20 U.S.C. 1400 et seq.) by a factor

20 of 1.0.

21 ‘‘(B) Multiply the number of children de22 scribed in subparagraphs (A) and (B) of para23 graph (1) who are eligible to receive services

24 under such Act by a factor of 1.50.
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1 ‘‘(C) Multiply the number of children de2 scribed in paragraph (1)(C) who are not eligible

3 to receive services under such Act by a factor of

4 1.25.

5 ‘‘(D) Multiply the number of children de6 scribed in paragraph (1)(C) who are eligible to

7 receive services under such Act by a factor of

8 1.825.

9 ‘‘(E) Multiply the number of children de10 scribed in subparagraphs (D) and (E) of para11 graph (1) who are not eligible to receive services

12 under such Act by a factor of .25.

13 ‘‘(F) Multiply the number of children de14 scribed in subparagraphs (D) and (E) of para15 graph (1) who are eligible to receive services

16 under such Act by a factor of .375.

17 ‘‘(b) BASIC SUPPORT PAYMENTS AND PAYMENTS WITH

18 RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT

19 FUNDS ARE APPROPRIATED.—

20 ‘‘(1) BASIC SUPPORT PAYMENTS.—

21 ‘‘(A) IN GENERAL.—From the amount ap22 propriated under section 8013(b) for a fiscal

23 year, the Secretary is authorized to make basic

24 support payments to eligible local educational
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1 agencies with children described under subsection

2 (a).

3 ‘‘(B) ELIGIBILITY.—A local educational

4 agency shall be entitled to receive a basic support

5 payment under subparagraph (A) for a fiscal

6 year with respect to a number of children deter7 mined under subsection (a) only if the number

8 of children so determined with respect to such

9 agency amounts to the lesser of—

10 ‘‘(i) at least 400 such children, or

11 ‘‘(ii) a number of such children which

12 equals at least 3 percent of the total number

13 of children who were in average daily at14 tendance, during such year, at the schools of

15 such agency and for whom such agency pro16 vided free public education.

17 ‘‘(C) MAXIMUM AMOUNT.—The maximum

18 amount that a local educational agency is eligi19 ble to receive under this subsection for any fiscal

20 year is the sum of the total weighted student

21 units, as computed under subsection (a)(2), mul22 tiplied by—

23 ‘‘(i) the greater of—

24 ‘‘(I) one-half of the average per

25 pupil expenditure of the State in which
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1 the local educational agency is located,

2 or

3 ‘‘(II) one-half of the average per

4 pupil expenditures of all of the States,

5 or

6 ‘‘(ii) the comparable local contribution

7 rate certified by the State, as determined

8 under regulations prescribed to carry out

9 the Act of September 30, 1950 (Public Law

10 874, 81st Congress), as in effect on January

11 1, 1994.

12 ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL YEARS

13 IN WHICH INSUFFICIENT FUNDS ARE APPRO14 PRIATED.—

15 ‘‘(A) IN GENERAL.—For any fiscal year in

16 which the sums appropriated under section

17 8013(b) are insufficient to pay to each local edu18 cational agency the full amount computed under

19 paragraph (1), the Secretary shall make pay20 ments based upon the provisions of this para21 graph.

22 ‘‘(B) LEARNING OPPORTUNITY THRESHOLD

23 PAYMENTS.—For fiscal years described in sub24 paragraph (A), the Secretary shall compute a

25 learning opportunity threshold payment (herein-
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1 after ‘threshold payment’) by multiplying the

2 amount obtained under paragraph (1)(C) by the

3 total percentage obtained by adding—

4 ‘‘(i) the percentage of federally con5 nected children for each local educational

6 agency determined by calculating the frac7 tion, the numerator of which is the total

8 number of children described under sub9 section (a)(1) and the denominator of which

10 is the total number of children in average

11 daily attendance at the schools served by

12 such agency; and

13 ‘‘(ii) the percentage that funds under

14 this paragraph represent of the total budget

15 of the local educational agency, determined

16 by calculating the fraction, the numerator

17 of which is the total amount of funds cal18 culated for each educational agency under

19 this paragraph, and the denominator of

20 which is the total current expenditures for

21 such agency.

22 ‘‘(C) RATABLE DISTRIBUTION.—For fiscal

23 years described in subparagraph (A), the Sec24 retary shall make payments as a ratable dis-
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1 tribution based upon the computation made

2 under subparagraph (B).

3 ‘‘(c) PRIOR YEAR DATA.—All calculations under this

4 title shall be based upon data for each local educational

5 agency from the fiscal year preceding the fiscal year for

6 which the agency is making application for payment.

7 ‘‘(d) USE OF FUNDS FOR CHILDREN WITH DISABIL8 ITIES.—The local educational agency shall use an amount

9 equal to the amount of funds generated by the factors in

10 subparagraphs (B), (D), and (F) of subsection (a)(2) which

11 are in excess of the factor of 1.0 applied to the amount of

12 payments generated for each fiscal year applicable to the

13 weighted student unit factor of 1.0 to provide a free appro14 priate public education to children described in subsection

15 (a)(2), in accordance with part B of the Individuals with

16 Disabilities Education Act (20 U.S.C. 1411 et seq.).

17 ‘‘(e) HOLD-HARMLESS AMOUNTS.—

18 ‘‘(1) IN GENERAL.—Notwithstanding any other

19 provision of this section, the total amount that the

20 Secretary shall pay to a local educational agency

21 under subsections (b) and (f)—

22 ‘‘(A) for fiscal year 1995, shall not be less

23 than 80 percent of the payment such agency re24 ceived for fiscal year 1994 under section 3(a) of

25 the Act of September 30, 1950 (Public Law 81–
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1 874, 81st Congress), as in effect for fiscal year

2 1994;

3 ‘‘(B) for fiscal year 1996, shall not be less

4 than 60 percent of such payment received for fis5 cal year 1994; and

6 ‘‘(C) for fiscal year 1997, shall not be less

7 than 40 percent of such payment received for fis8 cal year 1994.

9 ‘‘(2) REDUCTION IN PAYMENTS.—In order to

10 make payments to local educational agencies in ac11 cordance with paragraph (1), the Secretary shall re12 duce payments to other local educational agencies de13 termined under subsection (b).

14 ‘‘(f) SUPPLEMENTAL ASSISTANCE.—

15 ‘‘(1) RESERVATION.—

16 ‘‘(A) IN GENERAL.—Except as provided in

17 subparagraph (B), from amounts appropriated

18 under section 8013(b) for a fiscal year, the Sec19 retary shall reserve not less than 6 percent to

20 provide supplemental assistance to meet special

21 circumstances relating to the provision of edu22 cation in local educational agencies eligible to

23 receive assistance under this section.

24 ‘‘(B) RESERVATION IN FISCAL YEARS WHEN

25 AMOUNTS FROM PRIOR FISCAL YEAR RESERVA-
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1 TIONS AVAILABLE.—With respect to a fiscal year

2 in which amounts are available from a reserva3 tion made by the Secretary under subparagraph

4 (A) for a prior fiscal year, the Secretary shall,

5 from amounts appropriated under section

6 8013(b) for the current fiscal year, reserve an

7 amount which, when added to the amount avail8 able from such prior fiscal year reservation,

9 equals not less than 6 percent of amounts appro10 priated under such section for such current fiscal

11 year.

12 ‘‘(C) AVAILABILITY.—Amounts reserved

13 under subparagraph (A) are authorized to re14 main available until expended.

15 ‘‘(2) ELIGIBILITY.—

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

17 agency shall be eligible to receive supplemental

18 assistance under this subsection only if such

19 agency—

20 ‘‘(i)(I) has an enrollment of federally

21 connected children described in subsection

22 (a)(1) which constitutes at least 40 percent

23 of the total student enrollment of such agen24 cy; and
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1 ‘‘(II) has a tax rate for general fund

2 purposes which is at least 95 percent of the

3 average tax rate for general fund purposes

4 (before any State mandated tax rate reduc5 tions) of all local educational agencies in

6 the State;

7 ‘‘(ii)(I) has an enrollment of federally

8 connected children described in subsection

9 (a)(1) which constitutes at least 35 percent

10 of the total student enrollment of such agen11 cy; and

12 ‘‘(II) has a tax rate for general fund

13 purposes which is at least 125 percent of the

14 average tax rate for general fund purposes

15 (before any State mandated tax rate reduc16 tions) of all local educational agencies in

17 the State; or

18 ‘‘(iii) is a local education agency

19 whose boundaries are the same as a Federal

20 military installation or includes Federal

21 property under exclusive Federal jurisdic22 tion.

23 ‘‘(B) SPECIAL RULE.—If a local educational

24 agency receives assistance under this subsection

25 for 3 consecutive fiscal years because such agency
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1 satisfied the requirements of clause (i) or (ii) of

2 subparagraph (A), then such agency shall be

3 deemed to meet such requirements with respect to

4 assistance under this subsection for each consecu5 tive succeeding fiscal year in which such agency

6 applies for assistance under this subsection.

7 ‘‘(C) EXCLUSION OF REMAINING CASH BAL8 ANCES.—In determining eligibility under this

9 paragraph, the Secretary shall exclude any cash

10 balances of the local educational agency remain11 ing at the end of the school year as allowed by

12 State law.

13 ‘‘(3) CURRENT YEAR DATA.—Notwithstanding

14 subsection (c), the Secretary shall, for purposes of pro15 viding assistance under this subsection (or section

16 3(d)(2)(B) of the Act of September 30, 1950 (Public

17 Law 81–874, 81st Congress), as in effect on October

18 1, 1993), use—

19 ‘‘(A) data from the fiscal year in which the

20 local educational agency is applying for assist21 ance under this subsection; or

22 ‘‘(B) the most recent data available which is

23 adjusted to such fiscal year.

24 ‘‘(4) APPLICATION PROCEDURES.—The Secretary

25 shall prescribe regulations establishing procedures for
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1 the application for assistance by a local educational

2 agency under this subsection.

3 ‘‘(5) PROHIBITION ON STATE RESTRICTIONS

4 WITH RESPECT TO ASSISTANCE.—A State shall not

5 restrict the ability of a local educational agency to

6 use assistance received by such agency under this sub7 section.

8 ‘‘(6) PROHIBITION ON CONSIDERATION OF AS9 SISTANCE IN STATE AID CALCULATION.—Notwith10 standing section 8009(b), a State shall not take into

11 consideration any assistance received under this sub12 section in determining a State aid calculation for a

13 local educational agency.

14 ‘‘SEC. 8005. POLICIES AND PROCEDURES RELATING TO

15 CHILDREN RESIDING ON INDIAN LANDS.

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

17 claims children residing on Indian lands for the purpose

18 of receiving funds under section 8004 shall establish policies

19 and procedures to ensure that—

20 ‘‘(1) such children participate in programs and

21 activities supported by such funds on an equal basis

22 with all other children;

23 ‘‘(2) parents of such children and Indian tribes

24 are afforded an opportunity to present their views on

25 such programs and activities, including an oppor-
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1 tunity to make recommendations on the needs of those

2 children and how they may help those children realize

3 the benefits of those programs and activities;

4 ‘‘(3) parents and Indian tribes are consulted and

5 involved in planning and developing such programs

6 and activities;

7 ‘‘(4) relevant applications, evaluations, and pro8 gram plans are disseminated to the parents and In9 dian tribes; and

10 ‘‘(5) parents and Indian tribes are afforded an

11 opportunity to present their views on the agency’s

12 general educational program to such agency.

13 ‘‘(b) RECORDS.—A local educational agency that

14 claims children residing on Indian lands for the purpose

15 of receiving funds under section 8004 shall maintain

16 records demonstrating its compliance with requirements

17 contained in subsection (a).

18 ‘‘(c) WAIVER.—A local educational agency that claims

19 children residing on Indian lands for the purpose of receiv20 ing funds under section 8004 is excused from the require21 ments contained in subsections (a) and (b) for any year

22 with respect to any Indian tribe from which it has received

23 a written statement that the agency need not comply with

24 those subsections because the tribe is satisfied with the pro-
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1 vision of educational services by such agency to such chil2 dren.

3 ‘‘(d) TECHNICAL ASSISTANCE AND ENFORCEMENT.—

4 The Secretary shall—

5 ‘‘(1) provide technical assistance to local edu6 cational agencies, parents, and Indian tribes to en7 able them to carry out this section; and

8 ‘‘(2) enforce this section through such actions,

9 which may include the withholding of funds, as the

10 Secretary determines to be appropriate, after afford11 ing the affected local educational agency, parents, and

12 Indian tribe an opportunity to present their views.

13 ‘‘SEC. 8006. APPLICATION FOR PAYMENTS UNDER SECTIONS

14 8003 AND 8004.

15 ‘‘(a) IN GENERAL.—A local educational agency desir16 ing to receive a payment under section 8003 or 8004 shall—

17 ‘‘(1) submit an application for such payment to

18 the Secretary; and

19 ‘‘(2) provide a copy of such application to the

20 State educational agency.

21 ‘‘(b) CONTENTS.—Each such application shall be sub22 mitted in such form and manner, and shall contain such

23 information, as the Secretary may require, including—
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1 ‘‘(1) information to determine the eligibility of

2 the local educational agency for a payment and the

3 amount of such payment; and

4 ‘‘(2) where applicable, an assurance that such

5 agency is in compliance with section 8005 (relating

6 to children residing on Indian lands).

7 ‘‘(c) DEADLINE FOR SUBMISSION.—The Secretary

8 shall establish deadlines for the submission of applications

9 under this section.

10 ‘‘(d) APPROVAL.—

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

12 an application submitted under this section that—

13 ‘‘(A) is filed by the deadline established

14 under subsection (c); and

15 ‘‘(B) otherwise meets the requirements of

16 this title.

17 ‘‘(2) REDUCTION IN PAYMENT.—The Secretary

18 shall approve an application filed up to 60 days after

19 a deadline established under subsection (c) that other20 wise meets the requirements of this title, except that,

21 notwithstanding section 8004(e), the Secretary shall

22 reduce the payment based on such late application by

23 10 percent of the amount that would otherwise be

24 paid.
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1 ‘‘(3) LATE APPLICATIONS.—The Secretary shall

2 not accept or approve any application that is filed

3 more than 60 days after a deadline established under

4 subsection (c).

5 ‘‘SEC. 8007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL IN6 CREASES IN ATTENDANCE OF MILITARY DE7 PENDENTS.

8 ‘‘(a) ELIGIBILITY.—A local educational agency is eli9 gible for a payment under this section if—

10 ‘‘(1) the number of children in average daily at11 tendance during the current school year is at least ten

12 percent or 100 more than the number of children in

13 average daily attendance in the preceding school year;

14 and

15 ‘‘(2) the number of children in average daily at16 tendance with a parent on active duty (as defined in

17 section 101(18) of title 37, United States Code) in the

18 Armed Forces who are in attendance at such agency

19 because of the assignment of their parent to a new

20 duty station between July 1 and September 30, inclu21 sive, of the current year, as certified by an appro22 priate local official of the Department of Defense, is

23 at least ten percent or 100 more than the number of

24 children in average daily attendance in the preceding

25 school year.
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1 ‘‘(b) APPLICATION.—A local educational agency that

2 wishes to receive a payment under this section shall file an

3 application with the Secretary by October 15 of the current

4 school year, in such manner and containing such informa5 tion as the Secretary may prescribe, including information

6 demonstrating that it is eligible for such a payment.

7 ‘‘(c) CHILDREN TO BE COUNTED.—For each eligible

8 local educational agency that applies for a payment under

9 this section, the Secretary shall determine the lesser of—

10 ‘‘(1) the increase in the number of children in

11 average daily attendance from the preceding year;

12 and

13 ‘‘(2) the number of children described in sub14 section (a)(2).

15 ‘‘(d) PAYMENTS.—From the amount appropriated for

16 a fiscal year under section 8013(c), the Secretary shall pay

17 each local educational agency with an approved application

18 an amount, not to exceed $200 per eligible child, equal to—

19 ‘‘(1) the amount available to carry out this sec20 tion, including any funds carried over from prior

21 years, divided by the number of children determined

22 under subsection (c) for all such local educational

23 agencies; multiplied by

24 ‘‘(2) the number of such children determined for

25 that local educational agency.
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1 ‘‘(e) NOTIFICATION PROCESS.—

2 ‘‘(1) ESTABLISHMENT.—The Secretary shall en3 deavor to establish, with the Secretary of Defense, a

4 notification process relating to the closure of Depart5 ment of Defense facilities, or the adjustment of per6 sonnel levels assigned to such facilities, which may

7 substantially affect the student enrollment levels of

8 local educational agencies which receive or may re9 ceive payments under this title.

10 ‘‘(2) INFORMATION.—Such process shall provide

11 timely information regarding such closures and such

12 adjustments—

13 ‘‘(A) by the Secretary of Defense to the Sec14 retary; and

15 ‘‘(B) by the Secretary to the affected local edu16 cational agencies.

17 ‘‘SEC. 8008. FACILITIES.

18 ‘‘(a) CURRENT FACILITIES.—From the amount appro19 priated for any fiscal year under section 8013(e), the Sec20 retary may continue to provide assistance for school facili21 ties that were supported by the Secretary under section 10

22 of the Act of September 23, 1950 (Public Law 815, 81st

23 Congress; 20 U.S.C. 640) as in effect prior to the date of

24 the enactment of the Improving America’s Schools Act of

25 1994.
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1 ‘‘(b) TRANSFER OF FACILITIES.—

2 ‘‘(1) IN GENERAL.—The Secretary shall, as soon

3 as practicable, transfer to the appropriate local edu4 cational agency or another appropriate entity all the

5 right, title, and interest of the United States in and

6 to each facility provided under section 10 of the Act

7 of September 23, 1950 (Public Law 815, 81st Con8 gress; 20 U.S.C. 640), or under section 204 or 310 of

9 the Act of September 30, 1950 (Public Law 874, 81st

10 Congress), as in effect on January 1, 1958.

11 ‘‘(2) OTHER REQUIREMENTS.—Any such transfer

12 shall be without charge to such agency or entity, and

13 prior to such transfer, the transfer must be consented

14 to by the local education agency or other appropriate

15 entity, and may be made on such terms and condi16 tions as the Secretary deems appropriate to carry out

17 the purposes of this Act.

18 ‘‘SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PRO19 VIDING STATE AID.

20 ‘‘(a) GENERAL PROHIBITION.—Except as provided in

21 subsection (b), a State may not—

22 ‘‘(1) consider payments under this title or under

23 the Act of September 30, 1950 (Public Law 874, 81st

24 Congress) in determining for any fiscal year—
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1 ‘‘(A) the eligibility of a local educational

2 agency for State aid for free public education; or

3 ‘‘(B) the amount of such aid; or

4 ‘‘(2) make such aid available to local educational

5 agencies in a manner that results in less State aid to

6 any local educational agency that is eligible for such

7 payment than it would receive if it were not so eligi8 ble.

9 ‘‘(b) STATE EQUALIZATION PLANS.—

10 ‘‘(1) IN GENERAL.—A State may reduce State

11 aid to a local educational agency that receives a pay12 ment under section 8004 or under the Act of Septem13 ber 30, 1950 (Public Law 874, 81st Congress) as such

14 Act existed prior to the enactment of the Improving

15 America’s Schools Act of 1994 (other than a payment

16 under section 2 or an increase in payments described

17 in paragraphs (2)(B), (2)(C), (2)(D), or (3)(B)(ii) of

18 section 3(d)) for any fiscal year if the Secretary de19 termines, and certifies under subsection (c)(3)(A),

20 that such State has in effect a program of State aid

21 that equalizes expenditures for free public education

22 among local educational agencies in such State.

23 ‘‘(2) COMPUTATION.—

24 ‘‘(A) IN GENERAL.—For purposes of para25 graph (1), a program of State aid equalizes ex-
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1 penditures among local educational agencies if,

2 in the second preceding fiscal year, the amount

3 of per-pupil expenditures made by, or per-pupil

4 revenues available to, the local educational agen5 cy in the State with the highest such per-pupil

6 expenditures or revenues did not exceed the

7 amount of such per-pupil expenditures made by,

8 or per-pupil revenues available to, the local edu9 cational agency in the State with the lowest such

10 expenditures or revenues by more than 10 per11 cent.

12 ‘‘(B) OTHER FACTORS.—In making a deter13 mination under this subsection, the Secretary

14 shall—

15 ‘‘(i) disregard local educational agen16 cies with per-pupil expenditures or revenues

17 above the 95th percentile or below the 5th

18 percentile of such expenditures or revenues

19 in the State; and

20 ‘‘(ii) take into account the extent to

21 which a program of State aid reflects the

22 additional cost of providing free public edu23 cation in particular types of local edu24 cational agencies, such as those that are geo25 graphically isolated, or to particular types
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1 of students, such as children with disabil2 ities.

3 ‘‘(3) EXCEPTION.—Notwithstanding paragraph

4 (2), if the Secretary determines that the State has

5 substantially revised its program of State aid, the

6 Secretary may certify such program for any fiscal

7 year only if—

8 ‘‘(A) the Secretary determines, on the basis

9 of projected data, that the State’s program will

10 meet the 10 percent disparity standard described

11 in paragraph (2) in that fiscal year; and

12 ‘‘(B) the State provides an assurance to the

13 Secretary that, if final data do not demonstrate

14 that the State’s program met such standard for

15 that year (or that it met such standard with a

16 greater percentage of disparity than antici17 pated), the State will pay to each affected local

18 educational agency the amount by which it re19 duced State aid to the local educational agency

20 on the basis of such certification, or a propor21 tionate share thereof, as the case may be.

22 ‘‘(c) PROCEDURES FOR REVIEW OF STATE EQUALI23 ZATION PLANS.—

24 ‘‘(1) WRITTEN NOTICE.—
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1 ‘‘(A) IN GENERAL.—Any State that wishes

2 to consider payments described in subsection

3 (b)(1) in providing State aid to local edu4 cational agencies shall submit to the Secretary,

5 not later than 120 days before the beginning of

6 the State’s fiscal year, a written notice of its in7 tention to do so.

8 ‘‘(B) CONTENTS.—Such notice shall be in

9 the form and contain the information the Sec10 retary requires, including evidence that the State

11 has notified each local educational agency in the

12 State of its intention to consider such payments

13 in providing State aid.

14 ‘‘(2) OPPORTUNITY TO PRESENT VIEWS.—Before

15 making a determination under subsection (b), the

16 Secretary shall afford the State, and local educational

17 agencies in the State, an opportunity to present their

18 views.

19 ‘‘(3) QUALIFICATION PROCEDURES.—If the Sec20 retary determines that a program of State aid quali21 fies under subsection (b), the Secretary shall—

22 ‘‘(A) certify the program and so notify the

23 State; and

24 ‘‘(B) afford an opportunity for a hearing,

25 in accordance with section 8011(a), to any local
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1 educational agency adversely affected by such

2 certification.

3 ‘‘(4) NON-QUALIFICATION PROCEDURES.—If the

4 Secretary determines that a program of State aid

5 does not qualify under subsection (b), the Secretary

6 shall—

7 ‘‘(A) so notify the State; and

8 ‘‘(B) afford an opportunity for a hearing,

9 in accordance with section 8011(a), to the State,

10 and to any local educational agency adversely

11 affected by such determination.

12 ‘‘(d) REDUCTIONS OF STATE AID.—

13 ‘‘(1) IN GENERAL.—A State whose program of

14 State aid has been certified by the Secretary under

15 subsection (c)(3) may reduce the amount of such aid

16 provided to a local educational agency that receives a

17 payment described in subsection (b)(1) by any

18 amount up to—

19 ‘‘(A) the amount of such payment; multi20 plied by

21 ‘‘(B) 100 percent minus the percentage of

22 disparity determined under subsection (b).

23 ‘‘(2) PROHIBITION.—A State may not make a re24 duction described in paragraph (1) before its program
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1 of State aid has been certified by the Secretary under

2 subsection (c)(3).

3 ‘‘(e) REMEDIES FOR STATE VIOLATIONS.—

4 ‘‘(1) IN GENERAL.—The Secretary or any ag5 grieved local educational agency may, without ex6 hausting administrative remedies, bring an action in

7 a United States district court against any State that

8 violates subsection (a) or subsection (d)(2) or fails to

9 carry out an assurance provided under subsection

10 (b)(3)(B).

11 ‘‘(2) IMMUNITY.—A State shall not be immune

12 under the eleventh amendment to the Constitution of

13 the United States from an action described in para14 graph (1).

15 ‘‘(3) RELIEF.—The court shall grant such relief

16 as it determines is appropriate, which may include

17 attorney’s fees to a prevailing local educational agen18 cy.

19 ‘‘SEC. 8010. FEDERAL ADMINISTRATION.

20 ‘‘(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS.—The

21 Secretary shall round any payments under this title to the

22 nearest whole dollar amount.

23 ‘‘(b) OTHER AGENCIES.—Each Federal agency admin24 istering Federal property on which children reside, and

25 each agency principally responsible for an activity that
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1 may occasion assistance under this title, shall, to the maxi2 mum extent practicable, comply with requests of the Sec3 retary for information the Secretary may require to carry

4 out this title.

5 ‘‘SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL RE6 VIEW.

7 ‘‘(a) ADMINISTRATIVE HEARINGS.—A local edu8 cational agency and a State that is adversely affected by

9 any action of the Secretary under this title shall be entitled

10 to a hearing on such action in the same manner as if such

11 agency were a person under chapter 5 of title 5, United

12 States Code.

13 ‘‘(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—

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

15 or a State aggrieved by the Secretary’s final decision

16 following an agency proceeding under subsection (a)

17 may, within 60 days after receiving notice of such de18 cision, file with the United States court of appeals for

19 the circuit in which such agency or State is located

20 a petition for review of that action. The clerk of the

21 court shall promptly transmit a copy of the petition

22 to the Secretary. The Secretary shall then file in the

23 court the record of the proceedings on which the Sec24 retary’s action was based, as provided in section 2112

25 of title 28, United States Code.
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1 ‘‘(2) FINDINGS OF FACT.—The findings of fact by

2 the Secretary, if supported by substantial evidence,

3 shall be conclusive, but the court, for good cause

4 shown, may remand the case to the Secretary to take

5 further evidence. The Secretary may thereupon make

6 new or modified findings of fact and may modify the

7 Secretary’s previous action, and shall file in the court

8 the record of the further proceedings. Such new or

9 modified findings of fact shall likewise be conclusive

10 if supported by substantial evidence.

11 ‘‘(3) REVIEW.—The court shall have exclusive ju12 risdiction to affirm the action of the Secretary or to

13 set it aside, in whole or in part. The judgment of the

14 court shall be subject to review by the Supreme Court

15 of the United States upon certiorari or certification

16 as provided in section 1254 of title 28, United States

17 Code.

18 ‘‘SEC. 8012. DEFINITIONS.

19 ‘‘For purposes of this title, the following definitions

20 apply:

21 ‘‘(1) ARMED FORCES.—The term ‘Armed Forces’

22 means the Army, Navy, Air Force, and Marine Corps.

23 ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The

24 term ‘average per-pupil expenditure’ means—
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1 ‘‘(A) the aggregate current expenditures of

2 all local educational agencies in the State; di3 vided by

4 ‘‘(B) the total number of children in average

5 daily attendance for whom such agencies pro6 vided free public education.

7 ‘‘(3) CONSTRUCTION.—The term ‘construction’

8 means—

9 ‘‘(A) the preparation of drawings and speci10 fications for school facilities;

11 ‘‘(B) erecting, building, acquiring, altering,

12 remodeling, repairing, or extending school facili13 ties;

14 ‘‘(C) inspecting and supervising the con15 struction of school facilities; and

16 ‘‘(D) debt service for such activities.

17 ‘‘(4) FEDERAL PROPERTY.—

18 ‘‘(A) IN GENERAL.—Except as provided in

19 subparagraphs (B) through (E), the term ‘Fed20 eral property’ means real property that is not

21 subject to taxation by any State or any political

22 subdivision of a State due to Federal agreement,

23 law, or policy, and that is—
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1 ‘‘(i) owned by the United States or

2 leased by the United States from another

3 entity;

4 ‘‘(ii)(I) held in trust by the United

5 States for individual Indians or Indian

6 tribes;

7 ‘‘(II) held by individual Indians or In8 dian tribes subject to restrictions on alien9 ation imposed by the United States;

10 ‘‘(III) conveyed at any time under the

11 Alaska Native Claims Settlement Act (Pub12 lic Law 92–203, 43 U.S.C. 1601 et seq.) to

13 a Native individual, Native group, or Vil14 lage or Regional corporation; or

15 ‘‘(IV) public land owned by the United

16 States that is designated for the sole use and

17 benefit of individual Indians or Indian

18 tribes; or

19 ‘‘(iii) owned by a foreign government or by

20 an international organization.

21 ‘‘(B) SCHOOLS PROVIDING FLIGHT TRAINING

22 TO MEMBERS OF AIR FORCE.—The term ‘Federal

23 property’ includes, so long as not subject to tax24 ation by any State or any political subdivision

25 of a State, and whether or not that tax exemp-
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1 tion is due to Federal agreement, law, or policy,

2 any school providing flight training to members

3 of the Air Force under contract with the Air

4 Force at an airport owned by a State or politi5 cal subdivision of a State.

6 ‘‘(C) NON-FEDERAL EASEMENTS, LEASES,

7 LICENSES, PERMITS, IMPROVEMENTS, AND CER8 TAIN OTHER REAL PROPERTY.—The term ‘Fed9 eral property’ includes, whether or not subject to

10 taxation by a State or a political subdivision of

11 a State—

12 ‘‘(i) any non-Federal easement, lease,

13 license, permit, or other such interest in

14 Federal property as otherwise described in

15 this paragraph, but not including any non16 Federal fee-simple interest;

17 ‘‘(ii) any improvement on Federal

18 property as otherwise described in this

19 paragraph; and

20 ‘‘(iii) real property that, immediately

21 before its sale or transfer to a non-Federal

22 party, was owned by the United States and

23 otherwise qualified as Federal property de24 scribed in this paragraph, but only for one
724

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1 year beyond the end of the fiscal year of

2 such sale or transfer.

3 ‘‘(D) CERTAIN POSTAL SERVICE PROPERTY

4 AND PIPELINES AND UTILITY LINES.—Notwith5 standing any other provision of this paragraph,

6 the term ‘Federal property’ does not include—

7 ‘‘(i) any real property under the juris8 diction of the United States Postal Service

9 that is used primarily for the provision of

10 postal services; or

11 ‘‘(ii) pipelines and utility lines.

12 ‘‘(E) PROPERTY WITH RESPECT TO WHICH

13 STATE OR LOCAL TAX REVENUES MAY NOT BE

14 EXPENDED, ALLOCATED, OR AVAILABLE FOR

15 FREE PUBLIC EDUCATION.—Notwithstanding

16 any other provision of this paragraph, ‘Federal

17 property’ does not include any property on

18 which children reside that is otherwise described

19 in this paragraph if—

20 ‘‘(i) no tax revenues of the State or of

21 any political subdivision of the State may

22 be expended for the free public education of

23 children who reside on that Federal prop24 erty; or
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1 ‘‘(ii) no tax revenues of the State are

2 allocated or available for the free public

3 education of such children.

4 ‘‘(5) FREE PUBLIC EDUCATION.—The term ‘free

5 public education’ means education that is provided—

6 ‘‘(A) at public expense, under public super7 vision and direction, and without tuition charge;

8 and

9 ‘‘(B) as elementary or secondary education,

10 as determined under State law, except that, not11 withstanding State law, such term—

12 ‘‘(i) includes preschool education; and

13 ‘‘(ii) does not include any education

14 provided beyond grade 12.

15 ‘‘(6) INDIAN LANDS.—The term ‘Indian lands’

16 means any Federal property described in paragraph

17 (4)(A)(ii).

18 ‘‘(7) LOCAL EDUCATIONAL AGENCY.—

19 ‘‘(A) IN GENERAL.—Except as provided in

20 subparagraph (B), the term ‘local educational

21 agency’—

22 ‘‘(i) means a board of education or

23 other legally constituted local school author24 ity having administrative control and di25 rection of free public education in a county,
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1 township, independent school district, or

2 other school district; and

3 ‘‘(ii) includes any State agency that

4 directly operates and maintains facilities

5 for providing free public education.

6 ‘‘(B) EXCEPTION.—The term ‘local edu7 cational agency’ does not include any agency or

8 school authority that the Secretary determines on

9 a case-by-case basis—

10 ‘‘(i) was constituted or reconstituted

11 primarily for the purpose of receiving as12 sistance under this title or the Act of Sep13 tember 30, 1950 (Public Law 874, 81st Con14 gress) or increasing the amount of such as15 sistance; or

16 ‘‘(ii) is not constituted or reconstituted

17 for legitimate educational purposes.

18 ‘‘(8) LOW-RENT HOUSING.—The term ‘low-rent

19 housing’ means housing located on property that is—

20 ‘‘(A) used for low-rent housing that is lo21 cated on land described in subclause (I), (II),

22 (III), or (IV) of paragraph 4(A)(ii) or on land

23 that met one of the descriptions in any such

24 subclause immediately before its use for such

25 housing;
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1 ‘‘(B) part of a low-rent housing project as2 sisted under the United States Housing Act of

3 1937;

4 ‘‘(C) located in the State of Oklahoma

5 that—

6 ‘‘(i) is owned by an Indian housing

7 authority and used for low-income housing

8 (including housing assisted under the mu9 tual help homeownership opportunity pro10 gram under section 202 of the United States

11 Housing Act of 1937), and

12 ‘‘(ii) at any time prior to the date of

13 the enactment of Public Law 103–102—

14 ‘‘(I) was designated by treaty as

15 tribal land, or

16 ‘‘(II) satisfied the definition of

17 Federal property under section

18 403(1)(A) of the Act of September 30,

19 1950 (Public Law 874, 81st Congress);

20 or

21 ‘‘(D) used to provide housing for homeless

22 children at closed military installations pursu23 ant to section 501 of the Stewart B. McKinney

24 Homeless Assistance Act (42 U.S.C. 11411).
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1 ‘‘(9) SCHOOL FACILITIES.—The term ‘school fa2 cilities’ includes—

3 ‘‘(A) classrooms and related facilities; and

4 ‘‘(B) equipment, machinery, and utilities

5 necessary or appropriate for school purposes.

6 ‘‘SEC. 8013. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘(a) PAYMENTS FOR FEDERAL ACQUISITION OF REAL

8 PROPERTY.—For the purpose of making payments under

9 section 8003, there are authorized to be appropriated

10 $16,750,000 for fiscal year 1995 and such sums as may be

11 necessary for each of the fiscal years 1996, 1997, 1998, and

12 1999.

13 ‘‘(b) BASIC PAYMENTS.—For the purpose of making

14 payments under section 8004(a), there are authorized to be

15 appropriated $425,500,000 for fiscal year 1995 and such

16 sums as may be necessary for each of the fiscal years 1996,

17 1997, 1998, and 1999.

18 ‘‘(c) PAYMENTS FOR CHILDREN WITH DISABIL19 ITIES.—For the purpose of making payments under section

20 8004(d), there are authorized to be appropriated

21 $45,000,000 for fiscal year 1995 and such sums as may be

22 necessary for each of the fiscal years 1996, 1997, 1998, and

23 1999.

24 ‘‘(d) PAYMENTS FOR HEAVILY IMPACTED LOCAL EDU25 CATIONAL AGENCIES.—For the purpose of making pay-
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1 ments under section 8004(f), there are authorized to be ap2 propriated $42,000,000 for fiscal year 1995 and such sums

3 as may be necessary for each of the fiscal years 1996, 1997,

4 1998, and 1999.

5 ‘‘(e) PAYMENTS FOR INCREASES IN MILITARY CHIL6 DREN.—For the purpose of making payments under section

7 8007, there are authorized to be appropriated $2,000,000

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

9 for each of the fiscal years 1996, 1997, 1998, and 1999.

10 ‘‘(f) FACILITIES MAINTENANCE.—For the purpose of

11 making payments under section 8008, there are authorized

12 to be appropriated $2,000,000 for fiscal year 1995 and such

13 sums as may be necessary for each of the fiscal years 1996,

14 1997, 1998, and 1999.

15 ‘‘SEC. 8014. TRANSFER OF PAYMENTS.

16 ‘‘(a) BASIC PAYMENTS UNDER SECTION 8004.—From

17 any amounts available, the Secretary of Defense shall trans18 fer to the Secretary of Education the total amount of funds

19 necessary for the Secretary of Education to make all of the

20 payments associated with children connected with defense

21 activities, as defined under section 8004.

22 ‘‘(b) ADDITIONAL PAYMENTS.—(1) The Secretary of

23 Defense shall transfer to the Secretary of Education in each

24 fiscal year in which funds are obtained under subsection
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1 (a) the full amount of such funds for payments based upon

2 the amounts computed under section 8004.

3 ‘‘(2) Notwithstanding any other provision of law,

4 funds made available to the Secretary of Education under

5 paragraph (1) shall be the only funds used by the Secretary

6 in making payments under section 8004 to local edu7 cational agencies for children connected with defense activi8 ties and the responsibility of the Secretary of Education

9 to administer the provisions of section 8004 are limited to

10 the availability of such funds for eligible students covered

11 under section 8004.

12 ‘‘(3)(A) For purposes of expediting the funding provi13 sions of this subsection, the Secretary shall provide in a

14 timely fashion to the Secretary of Defense, such information

15 as may be necessary for such Secretary to carry out this

16 provision.

17 ‘‘(B) The Secretary of Education shall also make

18 available to the Secretary of Defense such reports, evalua19 tions or application information as shall be related to the

20 federally connected students associated with this Depart21 ment.
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1 ‘‘TITLE IX—GENERAL

2 PROVISIONS

3 ‘‘PART A—DEFINITIONS

4 ‘‘SEC. 9101. DEFINITIONS.

5 ‘‘Except as otherwise provided, for the purposes of this

6 Act, the following terms have the following meanings:

7 ‘‘(1)(A) Except as provided otherwise by State

8 law or this paragraph, the term ‘average daily at9 tendance’ means—

10 ‘‘(i) the aggregate number of days of attend11 ance of all students during a school year; divided

12 by

13 ‘‘(ii) the number of days school is in session

14 during such school year.

15 ‘‘(B) The Secretary shall permit the conversion

16 of average daily membership (or other similar data)

17 to average daily attendance for local educational

18 agencies in States that provide State aid to local edu19 cational agencies on the basis of average daily mem20 bership or such other data.

21 ‘‘(C) If the local educational agency in which a

22 child resides makes a tuition or other payment for the

23 free public education of the child in a school located

24 in another school district, the Secretary shall, for pur25 poses of this Act—
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1 ‘‘(i) consider the child to be in attendance

2 at a school of the agency making such payment;

3 and

4 ‘‘(ii) not consider the child to be in attend5 ance at a school of the agency receiving such

6 payment.

7 ‘‘(D) If a local educational agency makes a tui8 tion payment to a private school or to a public school

9 of another local educational agency for a child with

10 disabilities, as defined in section 602(a)(1) of the In11 dividuals with Disabilities Education Act, the Sec12 retary shall, for the purposes of this Act, consider

13 such child to be in attendance at a school of the agen14 cy making such payment.

15 ‘‘(2) The term ‘average per-pupil expenditure’

16 means, in the case of a State or of the United

17 States—

18 ‘‘(A) without regard to the source of

19 funds—

20 ‘‘(i) the aggregate current expenditures,

21 during the third preceding fiscal year (or, if

22 satisfactory data for that year are not

23 available, during the most recent preceding

24 fiscal year for which satisfactory data are

25 available) of all local educational agencies
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1 in the State or, in the case of the United

2 States for all States (which, for the purpose

3 of this paragraph, means the 50 States and

4 the District of Columbia); plus

5 ‘‘(ii) any direct current expenditures

6 by the State for operation of such agencies;

7 divided by

8 ‘‘(B) the aggregate number of children in

9 average daily attendance to whom such agencies

10 provided free public education during such pre11 ceding year.

12 ‘‘(3) The term ‘child’ means any person within

13 the age limits for which the applicable State provides

14 free public education.

15 ‘‘(4) The term ‘community-based organization’

16 means a private nonprofit organization that—

17 ‘‘(A) is representative of a community or

18 significant segments of a community; and

19 ‘‘(B) provides educational or related services

20 to individuals in the community.

21 ‘‘(5) The term ‘consolidated State application’

22 means an application submitted by a State edu23 cational agency pursuant to section 9302 of this Act.
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1 ‘‘(6) The term ‘county’ means one of those divi2 sions of a State used by the Secretary of Commerce

3 in compiling and reporting data regarding counties.

4 ‘‘(7) The term ‘covered program’ means each of

5 the programs authorized by—

6 ‘‘(A) part A of title I of this Act;

7 ‘‘(B) part C of title I of this Act;

8 ‘‘(C) part A of title II of this Act; and

9 ‘‘(D) part A of title IV of this Act except

10 section 4104.

11 ‘‘(8) The term ‘current expenditures’ means ex12 penditures for free public education—

13 ‘‘(A) including expenditures for administra14 tion, instruction, attendance and health services,

15 pupil transportation services, operation and

16 maintenance of plant, fixed charges, and net ex17 penditures to cover deficits for food services and

18 student body activities; but

19 ‘‘(B) not including expenditures for commu20 nity services, capital outlay, and debt service, or

21 any expenditures made from funds received

22 under title I and part A of title II of this Act.

23 ‘‘(9) The term ‘Department’ means the Depart24 ment of Education.
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1 ‘‘(10) The term ‘educational service agency’

2 means regional public multiservice agencies author3 ized by State statute to develop, manage, and provide

4 services and programs to local educational agencies.

5 ‘‘(11) The term ‘elementary school’ means a non6 profit day or residential school that provides elemen7 tary education, as determined under State law.

8 ‘‘(12) The term ‘free public education’ means

9 education that is provided—

10 ‘‘(A) at public expense, under public super11 vision and direction, and without tuition charge;

12 and

13 ‘‘(B) as elementary or secondary school edu14 cation as determined under applicable State law,

15 except that such term does not include any edu16 cation provided beyond grade 12.

17 ‘‘(13) The term ‘institution of higher education’

18 has the meaning given that term in section 1201(a)

19 of the Higher Education Act of 1965.

20 ‘‘(14)(A) The term ‘local educational agency’

21 means a public board of education or other public au22 thority legally constituted within a State for either

23 administrative control or direction of, or to perform

24 a service function for, public elementary or secondary

25 schools in a city, county, township, school district, or
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1 other political subdivision of a State, or for such com2 bination of school districts or counties as are recog3 nized in a State as an administrative agency for its

4 public elementary or secondary schools.

5 ‘‘(B) The term includes any other public institu6 tion or agency having administrative control and di7 rection of a public elementary or secondary school.

8 ‘‘(15) The term ‘mentoring’ means a program in

9 which an adult works with a child or youth on a 1-

10 to-1 basis, establishing a supportive relationship, pro11 viding academic assistance, and exposing the child or

12 youth to new experiences that enhance the child or

13 youth’s ability to excel in school and become a respon14 sible citizen.

15 ‘‘(16) The term ‘other staff’ means pupil services

16 personnel, librarians, career guidance and counseling

17 personnel, education aides, and other instructional

18 and administrative personnel.

19 ‘‘(17) The term ‘outlying area’ means the Virgin

20 Islands, Guam, American Samoa, the Commonwealth

21 of the Northern Mariana Islands, and Palau (until

22 the effective date of the Compact of Free Association

23 with the Government of Palau).

24 ‘‘(18) The term ‘parent’ includes a legal guard25 ian or other person standing in loco parentis.
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1 ‘‘(19) The terms ‘pupil-services personnel’ and

2 ‘pupil services’ mean, respectively—

3 ‘‘(A) school counselors, school social workers,

4 school psychologists, and other qualified profes5 sional personnel involved in providing assess6 ment, diagnosis, counseling, educational, thera7 peutic, and other necessary services as part of a

8 comprehensive program to meet student needs;

9 and

10 ‘‘(B) the services provided by such individ11 uals.

12 ‘‘(20) The term ‘secondary school’ means a non13 profit day or residential school that provides second14 ary education, as determined under State law, except

15 that it does not include any education beyond grade

16 12.

17 ‘‘(21) The term ‘Secretary’ means the Secretary

18 of Education.

19 ‘‘(22) The term ‘State’ means each of the 50

20 States, the District of Columbia, the Commonwealth

21 of Puerto Rico, and each of the outlying areas.

22 ‘‘(23) The term ‘State educational agency’ means

23 the agency primarily responsible for the State super24 vision of public elementary and secondary schools.
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1 ‘‘SEC. 9102. APPLICABILITY OF THIS TITLE.

2 ‘‘Parts B through F of this title do not apply to title

3 VIII of this Act.

4 ‘‘SEC. 9103. REFERENCES IN OTHER ACTS.

5 ‘‘References to section 1471 of this Act, as it existed

6 prior to the enactment of the Improving America’s Schools

7 Act of 1994, shall be deemed to refer to this section.

8 ‘‘PART B—FLEXIBILITY IN THE USE OF

9 ADMINISTRATIVE AND OTHER FUNDS

10 ‘‘SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE

11 FUNDS FOR ELEMENTARY AND SECONDARY

12 EDUCATION PROGRAMS.

13 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—

14 (1) A State educational agency may consolidate the

15 amounts specifically made available to it for State adminis16 tration under one or more of the programs specified under

17 paragraph (2) if such State educational agency can dem18 onstrate that the majority of such agency’s resources come

19 from non-Federal sources.

20 ‘‘(2) This section applies to title I of this Act and the

21 covered programs specified in sections 9101(7)(C) and (D).

22 ‘‘(b) USE OF FUNDS.—(1) A State educational agency

23 shall use the amount available under this section for the

24 administration of the programs included in the consolida25 tion under subsection (a).
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1 ‘‘(2) A State educational agency may also use funds

2 available under this section for administrative activities de3 signed to enhance the effective and coordinated use of funds

4 under such programs, such as—

5 ‘‘(A) the coordination of programs specified in

6 subsection (a)(2) with other Federal and non-Federal

7 programs;

8 ‘‘(B) the establishment and operation of peer9 review mechanisms under this Act;

10 ‘‘(C) the administration of this title;

11 ‘‘(D) the dissemination of information regarding

12 model programs and practices; and

13 ‘‘(E) technical assistance under programs speci14 fied in subsection (a)(2).

15 ‘‘(c) RECORDS.—A State educational agency that con16 solidates administrative funds under this section shall not

17 be required to keep separate records, by individual program,

18 to account for costs relating to the administration of pro19 grams included in the consolidation under subsection (a).

20 ‘‘(d) REVIEW.—To determine the effectiveness of State

21 administration under this section, the Secretary may peri22 odically review the performance of State educational agen23 cies in using consolidated administrative funds under this

24 section and take such steps as the Secretary finds appro25 priate to ensure the effectiveness of such administration.
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1 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State

2 educational agency does not use all of the funds available

3 to it under this section for administration, it may use such

4 funds during the applicable period of availability as funds

5 available under one or more programs included in the con6 solidation under subsection (a).

7 ‘‘SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

8 ‘‘A State educational agency that also serves as a local

9 educational agency shall, in its applications or State plans

10 under this Act, describe how it will eliminate duplication

11 in the conduct of administrative functions.

12 ‘‘SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN13 ISTRATION.

14 ‘‘(a) GENERAL AUTHORITY.—In accordance with regu15 lations of the Secretary, a local educational agency, with

16 the approval of its State educational agency, may consoli17 date and use for the administration of one or more covered

18 programs for any fiscal year not more than the percentage,

19 established in each covered program, of the total amount

20 available to that local educational agency under those cov21 ered programs.

22 ‘‘(b) STATE PROCEDURES.—Within one year from the

23 date of enactment of the Improving America’s Schools Act

24 of 1994, a State educational agency shall, in collaboration

25 with local educational agencies in the State, establish proce-
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1 dures for responding to requests from local educational

2 agencies to consolidate administrative funds under sub3 section (a) and for establishing limitations on the amount

4 of funds under covered programs that may be used for ad5 ministration on a consolidated basis.

6 ‘‘(c) CONDITIONS.—A local educational agency that

7 consolidates administrative funds under this section for any

8 fiscal year shall not use any other funds under the programs

9 included in the consolidation for administration for that

10 fiscal year.

11 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu12 cational agency that consolidates administrative funds

13 under this section may use these consolidated funds for the

14 administration of covered programs and for the purposes

15 described in section 9201(b)(2).

16 ‘‘(e) RECORDS.—A local educational agency that con17 solidates administrative funds under this section shall not

18 be required to keep separate records, by individual covered

19 program, to account for costs relating to the administration

20 of covered programs included in the consolidation.

21 ‘‘SEC. 9204. ADMINISTRATIVE FUNDS STUDY.

22 ‘‘(a) STUDY.—(1) The Secretary shall conduct a study

23 of the use of funds under this Act for the administration,

24 by State and local educational agencies, of covered pro-
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1 grams, including the percentage of grant funds used for such

2 purpose in covered programs.

3 ‘‘(2) Based on the results of such study, the Secretary

4 shall develop a definition of what types of activities con5 stitute the administration of programs under this Act by

6 State and local educational agencies.

7 ‘‘(3) Based on the results of such study, the Secretary

8 may publish regulations or guidelines regarding the use of

9 funds for administration under those programs, including

10 the use of such funds on a consolidated basis and limita11 tions on the amount of such funds that may be used for

12 administration where such limitation is not otherwise spec13 ified in law.

14 ‘‘(b) REPORT.—The Secretary shall submit to the

15 President and the appropriate committees of the Congress

16 a report regarding the study conducted under this section

17 within 30 days of its completion.

18 ‘‘SEC. 9205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT

19 OF THE INTERIOR FUNDS.

20 ‘‘(a) GENERAL AUTHORITY.—(1) The Secretary shall

21 transfer to the Department of the Interior, as a consolidated

22 amount for covered programs, the Indian education pro23 grams under part A of title VI of this Act, and the edu24 cation for homeless children and youth program under sub25 title B of title VII of the Stewart B. McKinney Homeless
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1 Assistance Act, the amounts allotted to the Department of

2 the Interior under those programs.

3 ‘‘(2)(A) The Secretary and the Secretary of the Interior

4 shall enter into an agreement, consistent with the require5 ments of the programs specified in paragraph (1), for the

6 distribution and use of those funds under terms that the

7 Secretary determines best meet the purposes of those

8 programs.

9 ‘‘(B) The agreement shall—

10 ‘‘(i) set forth the plans of the Secretary of the In11 terior for the use of the amount transferred, the steps

12 to be taken to achieve the National Education Goals,

13 and performance measures to assess program effective14 ness, including measurable goals and objectives; and

15 ‘‘(ii) be developed in consultation with Indian

16 tribes.

17 ‘‘(b) ADMINISTRATION.—The Department of the Inte18 rior may use up to 1.5 percent of the funds consolidated

19 under this section for its costs related to the administration

20 of the funds transferred under this section.

21 ‘‘SEC. 9206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

22 ‘‘(a) UNNEEDED PROGRAM FUNDS.—With the ap23 proval of its State educational agency, a local educational

24 agency that determines for any fiscal year that funds under

25 a covered program other than part A of title I of this Act
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1 are not needed for the purpose of that covered program may

2 use such funds, not to exceed five percent of the total amount

3 of its funds under that covered program, for the purpose

4 of another covered program.

5 ‘‘(b) COORDINATION OF SERVICES.—A local edu6 cational agency, individual school, or consortium of schools

7 may use a total of up to 5 percent of the funds it receives

8 under this Act for the establishment and implementation

9 of a coordinated services project consistent with the require10 ments of Title X of this Act.’’.

11 ‘‘PART C—COORDINATION OF PROGRAMS; CON12 SOLIDATED STATE AND LOCAL APPLICA13 TIONS

14 ‘‘SEC. 9301. PURPOSE.

15 ‘‘It is the purpose of this part to improve teaching and

16 learning by encouraging greater cross-program coordina17 tion, planning, and service delivery under this Act and en18 hanced integration of programs under this Act with edu19 cational activities carried out with State and local funds.

20 ‘‘SEC. 9302. OPTIONAL CONSOLIDATED STATE APPLICA21 TION.

22 ‘‘(a) GENERAL AUTHORITY.—(1) In order to simplify

23 application requirements and reduce burden for State edu24 cational agencies under this Act, the Secretary shall, in ac25 cordance with subsection (b), establish procedures and cri-
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1 teria under which a State educational agency may submit

2 a consolidated State application meeting the requirements

3 of this section for each of the covered programs in which

4 the State participates.

5 ‘‘(2) A State educational agency may also include in

6 its consolidated application—

7 ‘‘(A) the Even Start program under part B of

8 title I of this Act;

9 ‘‘(B) the education of neglected and delinquent

10 youth program under part D of title I of this Act;

11 ‘‘(C) part A of title II of the Carl D. Perkins

12 Vocational and Applied Technology Education Act;

13 ‘‘(D) Goals 2000: Educate America Act;

14 ‘‘(E) School-to-Work Opportunities Act; and

15 ‘‘(F) such other programs as the Secretary may

16 designate.

17 ‘‘(3) A State educational agency that submits a con18 solidated State application under this section shall not be

19 required to submit separate State plans or applications

20 under any of the programs to which its consolidated appli21 cation under this section applies.

22 ‘‘(b) COLLABORATION.—(1) In establishing criteria

23 and procedures under this section, the Secretary shall col24 laborate with State educational agencies and, as appro25 priate, with other State agencies, local educational agencies,
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1 public and private nonprofit agencies, organizations, and

2 institutions, private schools, and representatives of parents,

3 students, and teachers.

4 ‘‘(2) Through the collaboration process described in

5 subsection (b), the Secretary shall establish, for each pro6 gram under the Act to which this section applies, the de7 scriptions, information, assurances, and other material

8 required to be included in a consolidated State application.

9 ‘‘(3) The Secretary shall require only descriptions, in10 formation, assurances, and other materials that are abso11 lutely necessary for the consideration of the State applica12 tion.

13 ‘‘SEC. 9303. GENERAL APPLICABILITY OF STATE EDU14 CATIONAL AGENCY ASSURANCES.

15 ‘‘(a) ASSURANCES.—A State educational agency that

16 submits a State plan or application under this Act, whether

17 separately or under section 9302, shall have on file with

18 the Secretary a single set of assurances, applicable to each

19 program for which a plan or application is submitted, that

20 provides that—

21 ‘‘(1) each such program will be administered in

22 accordance with all applicable statutes, regulations,

23 program plans, and applications;

24 ‘‘(2)(A) the control of funds provided under each

25 such program and title to property acquired with
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1 program funds will be in a public agency, in a non2 profit private agency, institution, or organization, or

3 in an Indian tribe if the statute authorizing the pro4 gram provides for assistance to such entities; and

5 ‘‘(B) the public agency, nonprofit private agen6 cy, institution, or organization, or Indian tribe will

7 administer such funds and property to the extent re8 quired by the authorizing statutes;

9 ‘‘(3) the State will adopt and use proper methods

10 of administering each such program, including—

11 ‘‘(A) the enforcement of any obligations im12 posed by law on agencies, institutions, organiza13 tions and other recipients responsible for carry14 ing out each program;

15 ‘‘(B) the correction of deficiencies in pro16 gram operations that are identified through au17 dits, monitoring, or evaluation; and

18 ‘‘(C) the adoption of written procedures for

19 the receipt and resolution of complaints alleging

20 violations of law in the administration of such

21 programs;

22 ‘‘(4) the State will cooperate in carrying out any

23 evaluation of each such program conducted by or for

24 the Secretary or other Federal officials;
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1 ‘‘(5) the State will use such fiscal control and

2 fund accounting procedures as will ensure proper dis3 bursement of, and accounting for, Federal funds paid

4 to the State under each such program;

5 ‘‘(6) the State will—

6 ‘‘(A) make reports to the Secretary as may

7 be necessary to enable the Secretary to perform

8 the Secretary’s duties under each such program;

9 and

10 ‘‘(B) maintain such records, provide such

11 information to the Secretary, and afford access

12 to the records as the Secretary may find nec13 essary to carry out the Secretary’s duties; and

14 ‘‘(7) before the application was submitted to the

15 Secretary, the State has afforded a reasonable oppor16 tunity for public comment on the application and has

17 considered such comment.

18 ‘‘(b) GEPA PROVISION.—Section 440 of the General

19 Education Provisions Act does not apply to programs under

20 this Act.

21 ‘‘SEC. 9304. CONSOLIDATED LOCAL APPLICATIONS.

22 ‘‘(a) GENERAL AUTHORITY.—A local educational

23 agency receiving funds under more than one covered pro24 gram may submit applications to the State educational

25 agency under such programs on a consolidated basis.
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1 ‘‘(b) REQUIRED CONSOLIDATED APPLICATIONS.—A

2 State educational agency that has submitted and had ap3 proved a consolidated State application under section 9302

4 may require local educational agencies in the State receiv5 ing funds under more than one program included in the

6 consolidated State application to submit consolidated local

7 applications under such programs.

8 ‘‘(c) COLLABORATION.—A State educational agency

9 shall collaborate with local educational agencies in the State

10 in establishing procedures for the submission of the consoli11 dated applications under this section.

12 ‘‘(d) The State educational agency shall require only

13 descriptions, information, assurances, and other material

14 that are absolutely necessary for the consideration of the

15 application of the local educational agency.

16 ‘‘SEC. 9305. OTHER GENERAL ASSURANCES.

17 ‘‘(a) ASSURANCES.—Any applicant other than a State

18 educational agency that submits an application under this

19 Act, whether separately or pursuant to section 9304, shall

20 have on file with the State educational agency a single set

21 of assurances, applicable to each program for which an ap22 plication is submitted, that provides that—

23 ‘‘(1) each such program will be administered in

24 accordance with all applicable statutes, regulations,

25 program plans, and applications;
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1 ‘‘(2)(A) the control of funds provided under each

2 such program and title to property acquired with

3 program funds will be in a public agency or in a

4 nonprofit private agency, institution, organization, or

5 Indian tribe, if the statute authorizing the program

6 provides for assistance to such entities; and

7 ‘‘(B) the public agency, nonprofit private agen8 cy, institution, or organization, or Indian tribe will

9 administer such funds and property to the extent re10 quired by the authorizing statutes;

11 ‘‘(3) the applicant will adopt and use proper

12 methods of administering each such program, includ13 ing—

14 ‘‘(A) the enforcement of any obligations im15 posed by law on agencies, institutions, organiza16 tions, and other recipients responsible for carry17 ing out each program; and

18 ‘‘(B) the correction of deficiencies in pro19 gram operations that are identified through au20 dits, monitoring, or evaluation;

21 ‘‘(4) the applicant will cooperate in carrying out

22 any evaluation of each such program conducted by or

23 for the State educational agency or the Secretary or

24 other Federal officials;
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1 ‘‘(5) the applicant will use such fiscal control

2 and fund accounting procedures as will ensure proper

3 disbursement of, and accounting for, Federal funds

4 paid to such applicant under each such program;

5 ‘‘(6) the applicant will—

6 ‘‘(A) make reports to the State educational

7 agency and the Secretary as may be necessary to

8 enable such agency and the Secretary to perform

9 their duties under each such program; and

10 ‘‘(B) maintain such records, provide such

11 information, and afford access to the records as

12 the State educational agency or the Secretary

13 may find necessary to carry out the State edu14 cational agency’s or the Secretary’s duties; and

15 ‘‘(7) before the application was submitted, the

16 applicant afforded a reasonable opportunity for pub17 lic comment on the application and has considered

18 such comment.

19 ‘‘(b) GEPA PROVISION.—Section 442 of the General

20 Education Provisions Act does not apply to programs under

21 this Act.
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1 ‘‘PART D—WAIVERS

2 ‘‘SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY

3 REQUIREMENTS.

4 ‘‘(a) GENERAL.—Except as provided in subsection (c),

5 the Secretary may waive any requirement of this Act or

6 of the General Education Provisions Act, or of the regula7 tions issued under such Acts, for a State educational agen8 cy, Indian tribe, or other agency, organization, or institu9 tion that receives funds under a program authorized by this

10 Act from the Department and that requests such a waiver

11 if—

12 ‘‘(1) the Secretary determines that such require13 ment impedes the ability of the State educational

14 agency or other recipient to achieve more effectively

15 the purposes of this Act; and

16 ‘‘(2) in the case of a waiver proposal submitted

17 by a State educational agency, the State educational

18 agency—

19 ‘‘(A) provides all interested local edu20 cational agencies in the State with notice and an

21 opportunity to comment on the proposal; and

22 ‘‘(B) submits the comments to the Secretary;

23 and

24 ‘‘(3) in the case of a waiver proposal submitted

25 by a local educational agency or other agency, insti26 tution, or organization that receives funds under this
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1 Act from the State educational agency, such request

2 has been reviewed by the State educational agency

3 and is accompanied by the comments, if any, of such

4 agency.

5 ‘‘(b) WAIVER PERIOD.—(1) A waiver under this sec6 tion shall be for a period not to exceed three years.

7 ‘‘(2) The Secretary may extend such period if the Sec8 retary determines that—

9 ‘‘(A) the waiver has been effective in enabling the

10 State or affected recipients to carry out the activities

11 for which it was requested and has contributed to im12 proved performance; and

13 ‘‘(B) such extension is in the public interest.

14 ‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary may

15 not waive, under this section, any statutory or regulatory

16 requirement relating to—

17 ‘‘(1) comparability of services;

18 ‘‘(2) maintenance of effort;

19 ‘‘(3) the equitable participation of students at20 tending private schools;

21 ‘‘(4) parental participation and involvement;

22 ‘‘(5) the distribution of funds to States or to

23 local educational agencies or other recipients of funds

24 under this Act;

25 ‘‘(6) maintenance of records;
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1 ‘‘(7) applicable civil rights requirements;

2 ‘‘(8) the requirements of sections 444 and 445 of

3 the General Education Provisions Act; or

4 ‘‘(9) the requirements related to the element of a

5 charter school described in paragraph (1) of section

6 3407 of this Act.

7 ‘‘(d) TERMINATION OF WAIVERS.—The Secretary shall

8 terminate a waiver under this section if the Secretary deter9 mines that the performance of the State or other recipient

10 affected by the waiver has been inadequate to justify a con11 tinuation of the waiver or if it is no longer necessary to

12 achieve its original purposes.

13 ‘‘PART E—UNIFORM PROVISIONS

14 ‘‘SEC. 9501. MAINTENANCE OF EFFORT.

15 ‘‘(a) GENERAL.—A local educational agency may re16 ceive funds under a covered program for any fiscal year

17 only if the State educational agency finds that either the

18 combined fiscal effort per student or the aggregate expendi19 tures of that agency and the State with respect to the provi20 sion of free public education by that agency for the preced21 ing fiscal year was not less than 90 percent of such com22 bined fiscal effort or aggregate expenditures for the second

23 preceding fiscal year.

24 ‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—

25 (1) The State educational agency shall reduce the amount
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1 of the allocation of funds under a covered program in any

2 fiscal year in the exact proportion to which a local edu3 cational agency fails to meet the requirement of subsection

4 (a) by falling below 90 percent of both the combined fiscal

5 effort per student and aggregate expenditures (using the

6 measure most favorable to such local agency).

7 ‘‘(2) No such lesser amount shall be used for computing

8 the effort required under subsection (a) for subsequent years.

9 ‘‘(c) WAIVER.—The Secretary may waive the require10 ments of this section if the Secretary determines that such

11 a waiver would be equitable due to—

12 ‘‘(1) exceptional or uncontrollable circumstances

13 such as a natural disaster; or

14 ‘‘(2) a precipitous decline in the financial re15 sources of the local educational agency.

16 ‘‘SEC. 9502. PROHIBITION REGARDING STATE AID.

17 ‘‘No State may take into consideration payments

18 under this Act (other than under title VIII) in determining

19 the eligibility of any local educational agency in that State

20 for State aid, or the amount of State aid, with respect to

21 free public education of children.

22 ‘‘SEC. 9503. PARTICIPATION BY PRIVATE SCHOOL CHIL23 DREN AND TEACHERS.

24 ‘‘(a) GENERAL REQUIREMENT.—(1) Except as other25 wise provided in this Act, to the extent consistent with the
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1 number of eligible children in a State educational agency,

2 local educational agency, or intermediate educational agen3 cy or consortium receiving financial assistance under a

4 program specified in subsection (b), who are enrolled in pri5 vate elementary and secondary schools in such agency or

6 consortium, such agency or consortium shall, after timely

7 and meaningful consultation with appropriate private

8 school officials, provide such children and their teachers or

9 other educational personnel, on an equitable basis, special

10 educational services or other benefits under such program.

11 ‘‘(2) Educational services or other benefits, including

12 materials and equipment, provided under this section, must

13 be secular, neutral, and nonideological.

14 ‘‘(3) Educational services and other benefits provided

15 under this section for such private school children, teachers,

16 and other educational personnel shall be equitable in com17 parison to services and other benefits for public school chil18 dren, teachers, and other educational personnel participat19 ing in such program.

20 ‘‘(4) Expenditures for educational services and other

21 benefits provided under this section to eligible private school

22 children, their teachers, and other educational personnel

23 serving them shall be equal, taking into account the number

24 and educational needs of the children to be served, to the

25 expenditures for participating public school children.
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1 ‘‘(5) Such agency or consortium may provide such

2 services directly or through contracts with public and pri3 vate agencies, organizations, and institutions.

4 ‘‘(b) APPLICABILITY.—(1) This section applies to—

5 ‘‘(A) each covered program; and

6 ‘‘(B) programs under title VII of this Act.

7 ‘‘(2) For the purposes of this section, the term ‘eligible

8 children’ mean children eligible for services under a pro9 gram described in paragraph (1).

10 ‘‘(c) PUBLIC CONTROL OF FUNDS.—(1) The control of

11 funds used to provide services under this section, and title

12 to materials, equipment, and property purchased with these

13 funds, shall be in a public agency for the uses and purposes

14 provided in this Act, and a public agency shall administer

15 such funds and property.

16 ‘‘(2)(A) The provision of services under this section

17 shall be provided—

18 ‘‘(i) by employees of a public agency; or

19 ‘‘(ii) through contract by such public agency

20 with an individual, association, agency, or organiza21 tion.

22 ‘‘(B) In the provision of such services, such employee,

23 person, association, agency, or organization shall be inde24 pendent of such private school and of any religious organi-
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1 zation, and such employment or contract shall be under the

2 control and supervision of such public agency.

3 ‘‘(C) Funds used to provide services under this section

4 shall not be commingled with non-Federal funds.

5 ‘‘SEC. 9504. STANDARDS FOR BY-PASS.

6 ‘‘If, by reason of any provision of law, a State, local,

7 or intermediate educational agency or consortium is pro8 hibited from providing for the participation in programs

9 of children enrolled in, or teachers or other educational per10 sonnel from, private elementary and secondary schools, on

11 an equitable basis, or if the Secretary determines that such

12 agency or consortium has substantially failed or is unwill13 ing to provide for such participation, as required by section

14 9503, the Secretary shall—

15 ‘‘(1) waive the requirements of that section for

16 such agency or consortium; and

17 ‘‘(2) arrange for the provision of equitable serv18 ices to such children, teachers, or other educational

19 personnel through arrangements that shall be subject

20 to the requirements of this section and of sections

21 9503, 9505, and 9506.

22 ‘‘SEC. 9505. COMPLAINT PROCESS FOR PARTICIPATION OF

23 PRIVATE SCHOOL CHILDREN.

24 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Secretary

25 shall develop and implement written procedures for receiv-
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1 ing, investigating, and resolving complaints from parents,

2 teachers, or other individuals and organizations concerning

3 violations by an agency or consortium of section 9503 of

4 this Act. Such individual or organization shall submit such

5 complaint to the State educational agency for a written res6 olution by such agency within a reasonable period of time.

7 ‘‘(b) APPEALS TO THE SECRETARY.—Such resolution

8 may be appealed by an interested party to the Secretary

9 within 30 days after the State educational agency resolves

10 the complaint or fails to resolve the complaint within a rea11 sonable period of time. Such appeal shall be accompanied

12 by a copy of the State educational agency’s resolution, and

13 a complete statement of the reasons supporting the appeal.

14 The Secretary shall investigate and resolve each such appeal

15 within 120 days after receipt of the appeal.

16 ‘‘SEC. 9506. BY-PASS DETERMINATION PROCESS.

17 ‘‘(a) REVIEW.—(1)(A) The Secretary shall not take

18 any final action under section 9504 until the agency or con19 sortium affected by such action has had an opportunity,

20 for at least 45 days after receiving written notice thereof,

21 to submit written objections and to appear before the Sec22 retary to show cause why that action should not be taken.

23 ‘‘(B) Pending final resolution of any investigation or

24 complaint that could result in a determination under this

25 section, the Secretary may withhold from the allocation of
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1 the affected State or local educational agency the amount

2 estimated by the Secretary to be necessary to pay the cost

3 of those services.

4 ‘‘(2)(A) If such affected agency or consortium is dissat5 isfied with the Secretary’s final action after a proceeding

6 under paragraph (1), it may, within 60 days after notice

7 of such action, file with the United States court of appeals

8 for the circuit in which such State is located a petition for

9 review of that action.

10 ‘‘(B) A copy of the petition shall be forthwith transmit11 ted by the clerk of the court to the Secretary.

12 ‘‘(C) The Secretary thereupon shall file in the court

13 the record of the proceedings on which the Secretary based

14 this action, as provided in section 2112 of title 28, United

15 States Code.

16 ‘‘(3)(A) The findings of fact by the Secretary, if sup17 ported by substantial evidence, shall be conclusive, but the

18 court, for good cause shown, may remand the case to the

19 Secretary to take further evidence and the Secretary may

20 thereupon make new or modified findings of fact and may

21 modify the Secretary’s previous action, and shall file in the

22 court the record of the further proceedings.

23 ‘‘(B) Such new or modified findings of fact shall like24 wise be conclusive if supported by substantial evidence.
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1 ‘‘(4)(A) Upon the filing of such petition, the court shall

2 have jurisdiction to affirm the action of the Secretary or

3 to set it aside, in whole or in part.

4 ‘‘(B) The judgment of the court shall be subject to re5 view by the Supreme Court of the United States upon cer6 tiorari or certification as provided in section 1254 of title

7 28, United States Code.

8 ‘‘(b) DETERMINATION.—Any determination by the

9 Secretary under this section shall continue in effect until

10 the Secretary determines, in consultation with such agency

11 or consortium and representatives of the affected private

12 school children, teachers, or other educational personnel that

13 there will no longer be any failure or inability on the part

14 of such agency or consortium to meet the applicable require15 ments of section 9503 or any other provision of this Act.

16 ‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When the

17 Secretary arranges for services pursuant to this section, the

18 Secretary shall, after consultation with the appropriate

19 public and private school officials, pay the cost of such serv20 ices, including the administrative costs of arranging for

21 those services, from the appropriate allocation or allocations

22 under this Act.

23 ‘‘(d) PRIOR DETERMINATION.—Any by-pass deter24 mination by the Secretary under this Act as in effect on

25 the day before enactment of the Improving America’s
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1 Schools Act of 1994 shall remain in effect to the extent the

2 Secretary determines that it is consistent with the purpose

3 of this section.

4 ‘‘SEC. 9507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS

5 WORSHIP OR INSTRUCTION.

6 ‘‘Nothing contained in this Act shall be construed to

7 authorize the making of any payment under this Act for

8 religious worship or instruction.’’.

9 ‘‘PART F—GUN POSSESSION

10 ‘‘SEC. 9601. POLICY FOR GUN POSSESSION.

11 ‘‘(a) IN GENERAL.—Each local educational agency

12 which receives assistance under this Act shall have a policy

13 that addresses student possession and use of a gun on school

14 property.

15 ‘‘(b) POLICY CONTENT.—The content of such policy

16 may include—

17 ‘‘(1) punishment requirements for possession and

18 use of a gun on school property, including expulsion

19 and suspension;

20 ‘‘(2) alternative placement for an individual who

21 violates the policy;

22 ‘‘(3) educational services for a student expelled

23 from school for violation of the policy; and
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1 ‘‘(4) opportunities for a hearing to address ex2 pulsion or suspension decisions for violation of the

3 policy.

4 ‘‘TITLE X—COORDINATED

5 SERVICES PROJECTS

6 ‘‘SEC. 10001. FINDINGS AND PURPOSE.

7 ‘‘(a) FINDINGS.—The Congress makes the following

8 findings:

9 ‘‘(1) Growing numbers of children are negatively

10 affected by influences outside of the classroom which

11 increase their risk of academic failure.

12 ‘‘(2) Factors such as poor nutrition, unsafe liv13 ing conditions, physical and sexual abuse, family and

14 gang violence, inadequate health care, unemployment,

15 lack of child care and substance abuse adversely affect

16 family relationships and the ability of a child to

17 learn.

18 ‘‘(3) Parents and other caregivers in today’s high

19 pressure society often face demands which place re20 straints on their time and affect their ability to ade21 quately provide for the needs of their families.

22 ‘‘(4) Access to health and social service programs

23 can address the basic physical and emotional needs of

24 children so that they can fully participate in the

25 learning experiences offered them in school.
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1 ‘‘(5) Services for at-risk students need to be more

2 convenient, less fragmented, regulated and duplicative

3 in order to meet the needs of children and their

4 families.

5 ‘‘(6) School personnel, parents, and support serv6 ice providers often lack knowledge of, and access to,

7 available services for at-risk students and their fami8 lies in the community, and have few resources to co9 ordinate services and make them accessible.

10 ‘‘(7) Service providers, such as teachers, social

11 workers, health care and child care providers, juvenile

12 justice workers and others, are often trained in sepa13 rate disciplines that provide little support for the co14 ordination of services.

15 ‘‘(8) Coordination of services is more cost effec16 tive because it substitutes prevention for expensive

17 crisis intervention.

18 ‘‘(9) Coordinating health and social services with

19 education can help the Nation meet the National

20 Education Goals by ensuring better outcomes for

21 children.

22 ‘‘(b) PURPOSE OF COORDINATING SERVICES.—The

23 purpose of this section is to provide elementary and second24 ary school students and their families better access to the

25 social, health and education services necessary for students
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1 to succeed in school and for their families to take an active

2 role in ensuring that children receive the best possible

3 education.

4 ‘‘SEC. 10002. DEFINITIONS.

5 ‘‘(a) The term ‘coordinated services project’ refers to

6 a comprehensive approach to meeting the educational,

7 health, social service, and other needs of children and their

8 families, including foster children and their foster families,

9 through a communitywide partnership that links public

10 and private agencies providing such services or access to

11 such services through a coordination site at or near a school.

12 ‘‘(b) An ‘eligible entity’ is a local educational agency,

13 individual school, or consortium of schools.

14 ‘‘SEC. 10003. PROJECT DEVELOPMENT AND IMPLEMENTA15 TION.

16 ‘‘(a) PROJECT PLANS.—Eligible entities exercising

17 their authority under section 9206(b) shall submit to the

18 Secretary an application for the development of a plan or

19 a plan for the implementation of a coordinated services

20 project.

21 ‘‘(b) PROJECT DEVELOPMENT.—The application for

22 the development of the coordinated services project, which

23 can last for up to one year, shall:

24 ‘‘(1) demonstrate that an assessment will be per25 formed of the economic, social, and health barriers to
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1 educational achievement experienced by children and

2 families, including foster children and their foster

3 families, in the community, and the local, State, fed4 eral, and privately funded services available to meet

5 such needs;

6 ‘‘(2) identify the measures that will be taken to

7 establish a communitywide partnership that links

8 public and private agencies providing services to chil9 dren and families; and

10 ‘‘(3) identify any other measures that will be

11 taken to develop a comprehensive plan for the imple12 mentation of a coordinated services project or

13 projects.

14 ‘‘(c) PROJECT IMPLEMENTATION.—Eligible entities

15 shall submit to the Secretary a plan for the implementation

16 or expansion of a coordinated services project. Such plan

17 shall include—

18 ‘‘(1) the results of a children and families needs

19 assessment, which will include an assessment of the

20 needs of foster children;

21 ‘‘(2) the membership of the coordinated services

22 project partnership;

23 ‘‘(3) a description of the proposed coordinated

24 services project, its objectives, where it will be located,
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1 and the staff that will be used to carry out the pur2 poses of the project;

3 ‘‘(4) a description of how the success of the co4 ordinated services project will be evaluated;

5 ‘‘(5) a description of the training to be provided

6 to teachers and appropriate personnel; and

7 ‘‘(6) information regarding whether or not a

8 sliding scale fee for services will be employed, and if

9 not, an explanation of why such scale is not feasible.

10 ‘‘SEC. 10004. USES OF FUNDS.

11 ‘‘(a) Funds utilized under the authority of section

12 9206(b) may be used for activities under this title which

13 include—

14 ‘‘(1) hiring a services coordinator;

15 ‘‘(2) making minor renovations to existing build16 ings;

17 ‘‘(3) purchasing basic operating equipment;

18 ‘‘(4) improving communications and informa19 tion-sharing between members of the coordinated serv20 ices project partnership;

21 ‘‘(5) providing training to teachers and appro22 priate personnel concerning their role in a coordi23 nated services project; and

24 ‘‘(6) conducting the needs assessment required in

25 section 10003(b)(1).
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1 ‘‘(b) Projects operating under the authority of this title

2 shall comply with the requirements of Sec. 1121(b).

3 ‘‘SEC. 10005. CONTINUING AUTHORITY.

4 ‘‘The Secretary shall not approve the plan of any

5 project which fails to demonstrate that it is achieving effec6 tive coordination after 2 years of implementation.

7 ‘‘SEC. 10006. FEDERAL AGENCY COORDINATION.

8 ‘‘(a) AGENCY COORDINATION.—The Secretaries of

9 Education, Health and Human Services, Labor, Housing

10 and Urban Development, Treasury, and Agriculture, and

11 the Attorney General shall review the programs adminis12 tered by their agencies to identify barriers to service coordi13 nation.

14 ‘‘(b) REPORT TO CONGRESS.—Such Secretaries and

15 the Attorney General shall submit jointly a report to the

16 Congress not later than 2 years after the date of the enact17 ment of the Improving America’s Schools Act, based on the

18 review required under paragraph (a) recommending legisla19 tive and regulatory action to address such barriers, and

20 during this time, shall use waiver authorities authorized

21 under this and other Acts.

22 ‘‘TITLE XI—SCHOOL FACILITIES

23 IMPROVEMENT ACT

24 ‘‘SEC. 11001. FINDINGS.

25 ‘‘The Congress finds the following:
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1 ‘‘(1) According to a 1991 survey conducted by

2 the American Association of School Administrators,

3 74 percent of all public school buildings in the United

4 States need to be replaced.

5 ‘‘(2) Almost one-third of such buildings were

6 built prior to World War II.

7 ‘‘(3) It is estimated that 1 of every 4 public

8 school buildings in the United States is in inadequate

9 condition, and of such buildings, 61 percent need

10 maintenance or major repairs, 43 percent are obso11 lete, 42 percent contain environmental hazards, 25

12 percent are overcrowded, and 13 percent are struc13 turally unsound.

14 ‘‘(4) Large numbers of local educational agencies

15 have difficulties securing financing for school facility

16 improvement.

17 ‘‘SEC. 11002. PURPOSE.

18 ‘‘The purpose of this Act is the leverage limited Federal

19 funds to enable local educational agencies to finance the

20 costs associated with the improvement of school facilities

21 within their jurisdiction.

22 ‘‘SEC. 11003. FEDERAL ASSISTANCE IN THE FORM OF

23 LOANS.

24 ‘‘(a) AUTHORITY AND CONDITIONS FOR LOANS.—To

25 assist local educational agencies in the construction, recon-
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1 struction, or renovation of schools, the Secretary may make

2 loans of funds to such agencies for the construction, recon3 struction, or renovation of such schools. Such assistance

4 shall only be provided—

5 ‘‘(1) to local educational agencies eligible for

6 grants under section 1124A of part A of title I,

7 schools located on Indian reservations, or local edu8 cational agencies eligible for payments under section

9 8004.

10 ‘‘(2) if the Secretary finds that such construc11 tions will be undertaken in an economical manner,

12 and that any such construction, reconstruction or ren13 ovation is not or will not be of elaborate or extrava14 gant design or materials.

15 ‘‘(b) PRIORITIES.—In approving loans under this title,

16 the Secretary shall consider—

17 ‘‘(1) the difficulty of the applicant in securing

18 affordable financing from other sources;

19 ‘‘(2) the threat the condition of the physical

20 plant poses to the safety and well-being of students;

21 ‘‘(3) the demonstrated need for the construction,

22 reconstruction, or renovation as based on the condi23 tion of the facility; and

24 ‘‘(4) the age of the facility to be renovated or

25 replaced.
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1 ‘‘(c) AMOUNT AND CONDITIONS OF LOANS.—A loan to

2 a local educational agency—

3 ‘‘(1) may be in an amount not exceeding the

4 total development cost of the facility, as determined

5 by the Secretary;

6 ‘‘(2) shall be secured in such manner and be re7 paid within such period, not exceeding 50 years, as

8 may be determined by the Secretary; and

9 ‘‘(3) shall bear interest at a rate determined by

10 the Secretary which shall be the rate of interest paid

11 by the Secretary on funds obtained from the Secretary

12 of the Treasury minus 1 and one quarter per cent

13 each year.

14 ‘‘SEC. 11004. GENERAL PROVISIONS.

15 ‘‘(a) BUDGET AND ACCOUNTING.—In the performance

16 of, and with respect to, the functions, powers, and duties

17 under this part, the Secretary, notwithstanding the provi18 sions of any other law, shall—

19 ‘‘(1) prepare annually and submit a budget pro20 gram as provided for wholly owned Government cor21 porations by chapter 91 of title 31, United States

22 Code; and

23 ‘‘(2) maintain a set of accounts which shall be

24 audited by the Comptroller General in accordance

25 with the provisions of chapter 35 of title 31, United
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1 States Code, but such financial transactions of the

2 Secretary, as the making of loans and vouchers ap3 proved by the Secretary, in connection with such fi4 nancial transactions shall be final and conclusive

5 upon all officers of the Government.

6 ‘‘(b) USE OF FUNDS.—Funds made available to the

7 Secretary pursuant to the provisions of this part shall be

8 deposited in a checking account or accounts with the Treas9 urer of the United States. Receipts and assets obtained or

10 held by the Secretary in connection with the performance

11 of functions under this part, and all funds available for

12 carrying out the functions of the Secretary under this part

13 (including appropriations therefor, which are hereby au14 thorized), shall be available, in such amounts as may from

15 year to year be authorized by the Congress, for the adminis16 trative expenses of the Secretary in connection with the per17 formance of such functions.

18 ‘‘(c) LEGAL POWERS.—In the performance of, and

19 with respect to, the functions, powers, and duties under this

20 part, the Secretary, notwithstanding the provisions of any

21 other law, may—

22 ‘‘(1) prescribe such rules and regulations as may

23 be necessary to carry out the purposes of this part;

24 ‘‘(2) sue and be sued;
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1 ‘‘(3) foreclose on any property or commence any

2 action to protect or enforce any right conferred upon

3 the Secretary by any law, contract, or other agree4 ment, and bid for and purchase at any foreclosure or

5 any other sale any property in connection with which

6 the Secretary has made a loan pursuant to this part;

7 ‘‘(4) in the event of any such acquisition, not8 withstanding any other provision of law relating to

9 the acquisition, handling, or disposal of real property

10 by the United States, complete, administer, remodel

11 and convert, dispose of, lease, and otherwise deal

12 with, such property, but any such acquisition of real

13 property shall not deprive any State or political sub14 division thereof of its civil or criminal jurisdiction in

15 and over such property or impair the civil rights

16 under the State or local laws of the inhabitants on

17 such property;

18 ‘‘(5) sell or exchange at public or private sale, or

19 lease, real or personal property, and sell or exchange

20 any securities or obligations, upon such terms as the

21 Secretary may fix;

22 ‘‘(6) obtain insurance against loss in connection

23 with property and other assets held; and

24 ‘‘(7) include in any contract or instrument made

25 pursuant to this part such other covenants, condi-
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1 tions, or provisions as may be necessary to assure

2 that the purposes of this part will be achieved.

3 ‘‘(d) CONTRACTS FOR SUPPLIES OR SERVICES.—Sec4 tion 3709 of the Revised Statutes shall not apply to any

5 contract for services or supplies on account of any property

6 acquired pursuant to this part if the amount of such con7 tract does not exceed $1,000.

8 ‘‘(e) APPLICABILITY OF GOVERNMENT CORPORATION

9 CONTROL ACT.—The provisions of section 9107(a) of title

10 31, United States Code, which are applicable to corpora11 tions or agencies subject to chapter 91 of such title, shall

12 also be applicable to the activities of the Secretary under

13 this part.

14 ‘‘(f) WAGE RATES.—The Secretary shall take such ac15 tion as may be necessary to ensure that all laborers and

16 mechanics employed by contractors or subcontractors on

17 any project assisted under this part—

18 ‘‘(1) shall be paid wages at rates not less than

19 those prevailing on the same type of work on similar

20 construction in the immediate locality as determined

21 by the Secretary of Labor in accordance with the Act

22 of March 3, 1931 (Davis-Bacon Act), as amended;

23 and

24 ‘‘(2) shall be employed not more than 40 hours

25 in any one week unless the employee receives wages
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1 for the employee’s employment in excess of the hours

2 specified above at a rate not less than one and one3 half times the regular rate at which the employee is

4 employed,

5 but the Secretary may waive the application of this sub6 section in cases or classes of cases where laborers or mechan7 ics, not otherwise employed at any time in the construction

8 of such project, voluntarily donate their services without full

9 compensation for the purpose of lowering the costs of con10 struction and the Secretary determines that any amounts

11 saved thereby are fully credited to the educational institu12 tion undertaking the construction.

13 ‘‘(g) LIMITATIONS.—(1) No loan shall be made under

14 this part to any local educational agency until 5 years after

15 the date on which a previous loan to that agency was made

16 under this part, unless the loan is intended to be used to

17 construct or reconstruct a facility damaged as a result of

18 a national disaster, as declared by the President.

19 ‘‘(2) Not more than 12.5 percent of the amount of the

20 funds provided for in this part in the form of loans annu21 ally shall be made available to educational institutions

22 within any one State.

23 ‘‘SEC. 11005. DEFINITIONS.

24 ‘‘The term ‘school’ is defined as structures suitable for

25 use as classrooms, laboratories, libraries, and related facili-
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1 ties, the primary purpose of which is the instruction of ele2 mentary and secondary school students.

3 ‘‘SEC. 11006. AUTHORIZATION.

4 ‘‘There are authorized to be appropriated to carry out

5 this title, $200,000,000 for fiscal year 1995 and such sums

6 as may be necessary for each of the 4 succeeding fiscal

7 years.’’.

8 ‘‘TITLE XII—URBAN AND RURAL

9 EDUCATION ASSISTANCE

10 ‘‘PART A—URBAN EDUCATION DEMONSTRATION

11 GRANTS

12 ‘‘SEC. 12000. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘(a) DEMONSTRATION GRANTS.—(1) There is author14 ized to be appropriated $200,000,000 for fiscal year 1995,

15 and such sums as may be necessary for each of the fiscal

16 years 1996 through 1999 to carry out the provisions of sec17 tions 12003 and 12103.

18 ‘‘(2) 50 percent of the amount appropriated under

19 paragraph (1) shall be reserved and made available only

20 for the purposes of section 12103. If the amount reserved

21 for any fiscal year for section 12103 is less than

22 $50,000,000, the Secretary shall grant awards on a com23 petitive basis to local educational agencies serving rural

24 areas, making such that there is an equitable geographic

25 distribution of such awards. If the amount reserved for any
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1 fiscal year for section 12103 exceeds $50,000,000, the Sec2 retary shall grant awards in such a manner that a local

3 educational agency serving rural areas in each State re4 ceives such an award.

5 ‘‘(3) 50 percent of the amount appropriated under

6 paragraph (1) shall be reserved and made available only

7 for the purposes of section 12003.

8 ‘‘(b) HIGHER EDUCATION AND RESEARCH GRANTS.—

9 (1) There are authorized to be appropriated $50,000,000 for

10 fiscal year 1995, and such sums as may be necessary for

11 each of the fiscal years 1996 through 1999 to carry out the

12 provisions of sections 12004 and 12104.

13 ‘‘(2) 50 percent of the amount appropriated under

14 paragraph (1) shall be reserved and made available only

15 for the purposes of section 12004.

16 ‘‘(3) 50 percent of the amount appropriated under

17 paragraph (1) shall be reserved and made available only

18 for the purposes of section 12104.

19 (c) COMMISSIONS.—‘‘There are authorized to be appro20 priated for fiscal years 1995, 1996, and 1997 such sums

21 as may be necessary to carry out the provisions of sections

22 12006 and 12105. Amounts appropriated pursuant to this

23 authority shall remain available until expended.

24 ‘‘(d) EVALUATION.—There are authorized to be appro25 priated for each of the fiscal years 1995 through 1999 such
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1 sums as may be necessary to carry out the provisions of

2 section 12005.

3 ‘‘SEC. 12001. FINDINGS.

4 ‘‘The Congress finds that—

5 ‘‘(1) the ability of the Nation’s major urban

6 school systems to meet the Nation’s educational goals

7 will determine the country’s economic competitiveness

8 and academic standing in the world community;

9 ‘‘(2) the quality of public education in the Na10 tion’s major urban areas has a direct effect on the

11 economic development of the Nation’s inner cities;

12 ‘‘(3) the success of urban schools in boosting the

13 achievement of its minority youth attending such

14 schools will determine the ability of the Nation to

15 close the gap between the ‘haves and have-nots’ in so16 ciety;

17 ‘‘(4) the cost to America’s businesses to provide

18 remedial education to high school graduates is ap19 proximately $21,000,000,000 per year;

‘‘(5) approximately 1 20 ⁄3 of the Nation’s work force

21 will be minority by the year 2000;

22 ‘‘(6) urban schools enroll a disproportionately

23 large share of the Nation’s poor and ‘at-risk’ youth;

‘‘(7) urban schools enroll approximately 1 24 ⁄3 of

25 Nation’s poor, 40 percent of the Nation’s African
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1 American children, and 30 percent of the Nation’s

2 Hispanic youth;

3 ‘‘(8) nearly 20 percent of the Nation’s limited

4 English proficient children and 15 percent of the Na5 tion’s disabled youth are enrolled in urban schools;

6 ‘‘(9) the academic performance of students in the

7 average inner-city public school system is below that

8 of students in most other kinds of school systems;

9 ‘‘(10) urban schools systems have higher dropout

10 rates, more problems with health care and less paren11 tal participation than other kinds of school systems;

12 ‘‘(11) urban preschoolers have one-half the access

13 to early childhood development programs as do other

14 children;

15 ‘‘(12) shortages of teachers in urban school sys16 tems are 2.5 times greater than such shortages in

17 other kinds of school systems;

18 ‘‘(13) declining numbers of urban minority high

19 school graduates are pursuing postsecondary edu20 cational opportunities;

21 ‘‘(14) urban schools systems have greater prob22 lems with teen pregnancy, discipline, drug abuse and

23 gangs than do other kinds of school systems;

24 ‘‘(15) 75 percent of urban school buildings are

25 over 25 years old, 33 percent of such buildings are
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1 over 50 years old, and such buildings are often in se2 rious disrepair and create poor and demoralizing

3 working and learning conditions;

4 ‘‘(16) solving the challenges facing our Nation’s

5 urban schools will require the concerted and collabo6 rative efforts of all levels of government and all sectors

7 of the community;

8 ‘‘(17) State and Federal funding or urban

9 schools has not adequately reflected need; and

10 ‘‘(18) Federal funding that is well targeted, flexi11 ble and accountable would contribute significantly to

12 addressing the comprehensive needs of inner-city

13 schools.

14 ‘‘SEC. 12002. STATEMENT OF PURPOSE.

15 ‘‘It is the purpose of this Act to provide financial

16 assistance to—

17 ‘‘(1) assist urban schools in meeting national

18 education goals;

19 ‘‘(2) improve the educational and social well

20 being of urban public school children;

21 ‘‘(3) close the achievement gap between urban

22 and nonurban school children, while improving the

23 achievement level of all children nationally;

24 ‘‘(4) renovate and repair urban school buildings

25 and facilities;
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1 ‘‘(5) conduct coordinated research on urban edu2 cation problems, solutions and promising practices;

3 ‘‘(6) improve the Nation’s global economic and

4 educational competitiveness by improving the coun5 try’s urban schools;

6 ‘‘(7) encourage community, parental and busi7 ness collaboration in the improvement or urban

8 schools; and

9 ‘‘(8) review regulations whose simplification

10 might improve the achievement of urban school chil11 dren.

12 ‘‘SEC. 12003. URBAN EDUCATION DEMONSTRATION GRANTS.

13 ‘‘(a) AUTHORITY.—The Secretary is authorized to

14 make grants to eligible local educational agencies serving

15 an urban area or State educational agencies in the case

16 where the State educational agency is the local educational

17 agency for activities designed to assist in local school im18 provement efforts and school reform, and to assist the

19 schools of such agencies in meeting the National Education

20 Goals.

21 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this sec22 tion may be used to—

23 ‘‘(1) increase academic achievement or urban

24 school children;
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1 ‘‘(2) ensure the readiness of urban children for

2 school;

3 ‘‘(3) increase the graduation rates of urban stu4 dents;

5 ‘‘(4) prepare urban school graduates to enter

6 higher education, pursue careers, and exercise their

7 responsibilities as citizens;

8 ‘‘(5) recruit and retain qualified teachers, par9 ticularly minority teachers and teachers specializing

10 in areas of critical shortage;

11 ‘‘(6) provide for ongoing staff development to in12 crease the professional capacities of the teaching staff

13 and the skills of teacher aides and paraprofessionals;

14 ‘‘(7) decrease the use of drugs and alcohol among

15 urban students and to ensure the physical and emo16 tional well-being of such students in a bias-free school

17 environment;

18 ‘‘(8) coordinate and collaborate with parents, the

19 community, the private sector, and with other service

20 providers and programs;

21 ‘‘(9) acquire and improve access to educational

22 technology; and

23 ‘‘(10) assist the schools most in need of services

24 by replicating successful efforts of other urban local
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1 educational agencies and expanding successful pro2 grams within the eligible agency.

3 ‘‘(c) GENERAL PROVISIONS.—An eligible local edu4 cational agency desiring to receive a grant under this sec5 tion shall submit an application to the Secretary at such

6 time, in such manner, and accompanied by such informa7 tion as the Secretary may reasonably require, consistent

8 with this section.

9 ‘‘(d) DEFINITIONS.—Except as otherwise provided, for

10 the purposes of this part—

11 ‘‘(1) CENTRAL CITY.—The term ‘central city’ has

12 the same meaning as that used by the United States

13 Census Bureau.

14 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—

15 The term ‘eligible local educational agency’ means a

16 local educational agency which—

17 ‘‘(A) serves the largest central city in a

18 State;

19 ‘‘(B) enrolls more than 30,000 students and

20 serves a central city with a population of at least

21 200,000 in a metropolitan statistical area; or

22 ‘‘(C) enrolls between 25,000 and 30,000 stu23 dents and serves a central city with a population

24 of at least 140,000 in a metropolitan statistical

25 area.
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1 ‘‘(3) METROPOLITAN STATISTICAL AREA.—The

2 term ‘metropolitan statistical area’ has the same

3 meaning as that used by the United States Census

4 Bureau.

5 ‘‘SEC. 12004. RESEARCH AND EVALUATION GRANTS.

6 ‘‘The Secretary is authorized to make grants and enter

7 into contracts with eligible local educational agencies, and

8 institutions of higher education jointly with eligible local

9 educational agencies to conduct research and evaluate pro10 grams for improving and reforming the Nation’s urban

11 schools.

12 ‘‘SEC. 12005. USE OF FUNDS.

13 ‘‘Funds allotted to eligible local educational agencies

14 and institutions of higher education under section 12004

15 may be used for—

16 ‘‘(1) collaborative and coordinated research and

17 evaluation of educational techniques or approaches

18 used in multiple eligible local educational agencies;

19 ‘‘(2) evaluation of projects assisted under title I;

20 ‘‘(3) collection and dissemination of information

21 on successful projects and approaches assisted under

22 title I;

23 ‘‘(4) design and implementation of extension

24 service programs to allow an eligible local educational

25 agency to provide technical assistance to individual
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1 schools and teachers involved in projects assisted

2 under title I;

3 ‘‘(5) provision of data and information manage4 ment services to individual schools assisted under title

5 I;

6 ‘‘(6) provision of staff training in schools as7 sisted under title I;

8 ‘‘(7) evaluation of progress made by eligible local

9 educational agencies assisted under this Act in meet10 ing national education goals;

11 ‘‘(8) provision of staff training in test interpre12 tation and use for diagnostic purposes;

13 ‘‘(9) provision of information to parents on test

14 results and test interpretation;

15 ‘‘(10) provision of technology and training in its

16 research and evaluation uses;

17 ‘‘(11) development of assessment tools of students

18 in individualized instruction;

19 ‘‘(12) research on school policies and practices

20 which may be barriers to the success of students in

21 school; and

22 ‘‘(13) development and testing of new multiple,

23 alternative assessments of student progress toward the

24 national education goals which are race and gender
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1 bias-free and sensitive to limited-English proficient

2 and disabled students.

3 ‘‘SEC. 12006. AUGUSTUS F. HAWKINS NATIONAL COMMIS4 SION ON URBAN EDUCATION.

5 ‘‘(a) ESTABLISHMENT.—There is established a Na6 tional Commission on Urban Education (in this Act re7 ferred to as the ‘Commission’).

8 ‘‘(b) MEMBERSHIP.—

9 ‘‘(1) IN GENERAL.—The Commission shall be

10 composed of 12 members as follows:

11 ‘‘(A) 4 of the Members shall be appointed by

12 the President.

13 ‘‘(B) 4 of the Members shall be appointed by

14 the Speaker of the House, including 2 Members

15 of the House, of which 1 shall be from each polit16 ical party.

17 ‘‘(C) 4 of the members shall be appointed by

18 the President pro tempore of the Senate, includ19 ing 2 Members of the Senate, of which 1 shall be

20 from each political party.

21 ‘‘(2) CHAIRPERSON.—The Chairperson of the

22 Commission shall be elected by the members of the

23 Commission and shall continue to serve for the dura24 tion of the Commission.
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1 ‘‘(3) VACANCIES.—Any vacancy in the Commis2 sion shall be filled in the same manner as the original

3 appointment.

4 ‘‘(c) DUTIES.—The Commission shall study the follow5 ing issues:

6 ‘‘(1) DEMOGRAPHIC CHANGES.—Demographic

7 changes in student enrollment and classroom teachers

8 in the 10-year period prior to the date of enactment

9 of this Act.

10 ‘‘(2) SPECIAL NEEDS.—Numbers and types of

11 special needs of students in urban schools.

12 ‘‘(3) UNSERVED OR UNDERSERVED STUDENTS.—

13 Number of unserved or underserved students in urban

14 schools eligible for assistance under the Head Start

15 Act, chapter 1 of title 1 of the Elementary and Sec16 ondary Education Act of 1965, School Dropout Dem17 onstration Assistance Act of 1988, Drug Free Schools

18 and Communities Act of 1986. Carl D. Perkins Voca19 tional and Applied Technology Education Act, Edu20 cation of the Handicapped Act and other Federal pro21 grams.

22 ‘‘(4) STUDENT PERFORMANCE.—Program and

23 management efforts in urban schools designed to en24 hance student performance, and reasons for the effec25 tiveness of such efforts.
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1 ‘‘(5) FINANCIAL SUPPORT.—Financial support

2 and funding needs of urban schools from local, State,

3 and Federal sources.

4 ‘‘(6) COLLABORATE EFFORTS.—Collaborative ef5 forts and programs between urban schools, the private

6 sector, and community groups.

7 ‘‘(7) SUPPLY NEEDS.—Supply needs for teachers

8 in urban schools in the 10-year period beginning on

9 the date of enactment of this Act.

10 ‘‘(d) REPORTS.—

11 ‘‘(1) IN GENERAL.—The Commission shall sub12 mit a report that includes recommendations to the

13 President and to the appropriate committees of the

14 Congress on the findings of the study required by this

15 section. The report shall be submitted as soon as prac16 ticable.

17 ‘‘(2) PROPOSAL FOR CHANGES IN FEDERAL LEG18 ISLATION.—The report submitted under this section

19 shall include proposals for changes in Federal legisla20 tion.

21 ‘‘(e) STAFF.—Such personnel as the Commission deems

22 necessary may be appointed by the Commission without re23 gard to the provisions of title 5, United States Code, govern24 ing appointments in the competitive service, and may be

25 paid without regard to the provisions of chapter 51 and
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1 subtitle III of chapter 53 of such title relating to classifica2 tion and General Schedule pay rates, but no individual so

3 appointed shall be paid in excess of the rate of basic pay

4 for level III of the Executive Schedule.

5 ‘‘(f) COMPENSATION.—

6 ‘‘(1) IN GENERAL.—Members of the Commission

7 who are officers or full-time employees of the United

8 States shall receive no additional pay, allowances, or

9 benefits by reason of their service on the Commission.

10 ‘‘(2) TRAVEL EXPENSES.—Each member shall re11 ceive travel expenses, including per diem in lieu of

12 subsistence, as authorized by section 5702 and 5703

13 of title 5, United States Code.

14 ‘‘(3) SPECIAL RULE.—Members of the Commis15 sion who are not officers or full-time employees of the

16 United States may receive a per diem and travel al17 lowance as is provided by the United States Code for

18 persons in the Government service employed intermit19 tently.

20 ‘‘(g) ADMINISTRATION.—

21 ‘‘(1) IN GENERAL.—The Commission or, on the

22 authorization of the Commission, any committee

23 thereof, may, for the purpose of carrying out the pro24 visions of this section, hold such hearings and site

25 and act at such times and such places within the
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1 United States as the Commission or such committee

2 considers advisable.

3 ‘‘(2) CONSULTATION.—In carrying out its duties

4 under this section, the Commission shall consult with

5 other Federal agencies, representatives of State and

6 local governments, and private organizations to the

7 extent feasible.

8 ‘‘(3) INFORMATION.—The Commission may se9 cure directly from any department or agency of the

10 United States information necessary to enable it to

11 carry out this section. Upon request of the Chair12 person of the Commission, the head of such depart13 ment or agency shall furnish that information to the

14 Commission.

15 ‘‘(4) CONTRACTS.—The Commission is author16 ized to enter into contracts to secure the necessary

17 data and information to conduct its work and to ob18 tain the services of experts and consultants.

19 ‘‘(5) COOPERATION.—The heads of all Federal

20 agencies are, to the extent practicable, directed to co21 operate with the Commission in carrying out this

22 section.

23 ‘‘(6) SPECIAL RULE.—The Commission is au24 thorized to utilize, with the consent of such agencies,

25 the services, personnel, information, and facilities of
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1 other Federal, State, local, and private agencies with

2 or without reimbursement.

3 ‘‘(h) TERMINATION.—The Commission shall terminate

4 3 years after the date of its first meeting.

5 ‘‘SEC. 12007. EVALUATION.

6 ‘‘The Secretary is authorized directly, or through

7 grants or contracts to evaluate the programs and activities

8 funded under this title, broadly disseminate such informa9 tion to other school districts, and to report the results of

10 such evaluation to the Education and Labor Committee of

11 the House of Representatives and the Labor and Human

12 Resources Committee of the Senate.

13 ‘‘PART B—RURAL EDUCATION DEMONSTRATION

14 GRANTS

15 ‘‘SEC. 12101. FINDINGS.

16 ‘‘The Congress finds that—

17 ‘‘(1) rural schools are essential to national efforts

18 to meet the National Education Goals;

19 ‘‘(2) approximately 60 percent of the Nation’s

20 public school districts are rural, with populations of

21 less than 2,500;

22 ‘‘(3) about 1 out of every 4 of America’s rural

23 school children are living below the poverty level;
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1 ‘‘(4) the quality of public education in rural

2 areas has a direct effect on the economic development

3 of our country’s rural communities;

4 ‘‘(5) the academic performance of students in the

5 average rural school system is below that of students

6 in most other suburban school systems;

7 ‘‘(6) the average age of rural public school build8 ings is more than 45 years old, creating poor and de9 moralizing working and learning conditions;

10 ‘‘(7) shortages of teachers for rural school systems

11 is greater than in other kinds of school systems;

12 ‘‘(8) solving the challenges facing the Nation’s

13 rural schools will require the concerted and collabo14 rative efforts of all levels of government and all sectors

15 of the education community; and

16 ‘‘(9) additional Federal funding would contrib17 ute significantly to addressing the comprehensive

18 needs of rural schools.

19 ‘‘SEC. 12102. STATEMENT OF PURPOSE.

20 ‘‘It is the purpose of this part to provide financial as21 sistance to rural schools to encourage innovative school re22 form programs, the enhanced use of telecommunications

23 technology for learning, and inservice training and teacher

24 recruitment initiatives in cooperation with institutions of
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1 higher education designed to augment local school improve2 ment activities.

3 ‘‘SEC. 12103. RURAL SCHOOL GRANTS.

4 ‘‘(a) AUTHORITY.—The Secretary is authorized to

5 make grants to local education agencies serving rural areas

6 or State educational agencies in the case where the State

7 educational agency is the local educational agency for ac8 tivities designed to assist in local school improvement

9 efforts.

10 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this

11 title may be used to—

12 ‘‘(1) assist rural schools in meeting National

13 Education goals and undertaking local school im14 provement initiatives;

15 ‘‘(2) develop pilot projects that experiment with

16 innovative ways to teach rural public school children

17 more effectively;

18 ‘‘(3) encourage rural school consortia for the pur19 pose of increasing efficiency and course offerings;

20 ‘‘(4) provide meaningful inservice training op21 portunities for rural public school teachers; and

22 ‘‘(5) assist rural schools in acquiring and im23 proving access to educational technology, including

24 distance learning technologies.
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1 ‘‘(c) GENERAL PROVISIONS.—Each eligible entity de2 siring a grant under this title shall submit an application

3 to the Secretary at such time, in such manner, and accom4 panied by such information as the Secretary may reason5 ably require. Awards made by the Secretary shall be of suf6 ficient size and scope to achieve significant rural school

7 improvement.

8 ‘‘SEC. 12104. HIGHER EDUCATION GRANTS.

9 ‘‘(a) GRANTS.—The Secretary is authorized to make

10 grants to institutions of higher education, consortia of such

11 institutions, or partnerships between institutions of higher

12 education and local education agencies to assist rural

13 schools and local education agencies serving rural areas in

14 undertaking local school improvement activities.

15 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this sec16 tion may be used to—

17 ‘‘(1) assist rural schools in meeting National

18 Education Goals;

19 ‘‘(2) assist in the recruitment and training of

20 teachers in rural schools;

21 ‘‘(3) assist rural schools in the development of

22 appropriate innovative school improvement initia23 tives;

24 ‘‘(4) provide inservice training opportunities for

25 teachers in rural schools; and
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1 ‘‘(5) provide technical assistance in the use and

2 installation of innovative telecommunications tech3 nology.

4 ‘‘(c) GENERAL PROVISIONS.—Each eligible entity de5 siring a grant under this section shall submit an applica6 tion to the Secretary at such time, in such manner, and

7 accompanied by such information as the Secretary may

8 reasonably require.

9 ‘‘SEC. 12105. NATIONAL COMMISSION ON RURAL EDU10 CATION.

11 ‘‘(a) ESTABLISHMENT.—There is established a Na12 tional Commission on Rural Education.

13 ‘‘(b) MEMBERSHIP.—The Commission shall be com14 posed of 12 members, 4 of whom shall be appointed by the

15 President of the United States, 4 of whom shall be ap16 pointed by the Speaker of the House upon the recommenda17 tion of the majority leader and the minority leader, and

18 4 of whom shall be appointed by the President pro tempore

19 of the Senate upon the recommendation of the majority

20 leader and the minority leader. A majority of the members

21 of the Commission shall be individuals involved in rural

22 education, with at least 2 individuals involved in rural

23 postsecondary education. The Chair of the Commission shall

24 be elected by the President from among his 4 appointees

25 and shall continue to serve during the duration of the Com-
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1 mission. Vacancies in the Commission shall be filled in the

2 same manner as the original appointment.

3 ‘‘(c) STUDIES.—The Commission shall conduct a full

4 and complete study on the State of rural education in

5 America. Included in this analysis should be the impact

6 of demographic changes in rural schools, the special needs

7 of these schools, the current and future teacher needs of these

8 schools, the effectiveness of existing Federal education pro9 grams in meeting the needs of these schools, the adequacy

10 of financial support for these schools, and any other issues

11 that the Commission deems to be important and essential

12 for a complete and exhaustive examination of the state and

13 condition of rural schools in America.

14 ‘‘(d) STAFF.—The Commission may appoint such staff

15 as may be necessary by the Chair without regard to the

16 provisions of title 5, United States Code, governing ap17 pointments in the competitive service, and may pay such

18 staff without regard to the provisions of chapter 51 of sub19 chapter III of chapter 53 of such title relating to classifica20 tion and General Schedule pay rates, but no individual so

21 appointed shall be paid in excess of the rate authorized for

22 GS–18 of the General Schedule.

23 ‘‘(e) COMPENSATION AND EXPENSES.—(1) Members of

24 the Commission who are officers or full-time employees of

25 the United States shall serve without compensation in addi-
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1 tion to that received for their services as officers and em2 ployees of the United States. Such members may be allowed

3 travel expenses and per diem in lieu of subsistence, as au4 thorized by section 5703 of title 5, United States Code.

5 ‘‘(2) Members of the Commission who are not officers

6 or full-time employees of the United States may each receive

7 per diem and travel allowance as is provided by the United

8 States Code for persons in the Government service employed

9 intermittently.

10 ‘‘(f) ADMINISTRATION.—(1) The Commission may or11 ganize itself in whatever manner is most appropriate for

12 the conduct of its activities. It may hold such hearings and

13 act at such time and such places within the United States

14 as it may consider advisable. In carrying out its duties,

15 the Commission may consult with other Federal agencies,

16 representatives of State and local governments, and private

17 organizations to the extent feasible.

18 ‘‘(2) The Commission is authorized to secure directly

19 from any executive department, bureau, agency, board,

20 commission, office, independent establishment, or instru21 mentality, information, suggestions, estimates, and statis22 tics for the purpose of this section, and each such depart23 ment, bureau, agency, board, commission, office, independ24 ent establishment, or instrumentality is authorized and di25 rected, to the extent permitted by law, to furnish such infor-
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1 mation, suggestions, estimates, and statistics directly to the

2 Commission, upon request by the Chair.

3 ‘‘(3) The Commission may enter into contracts for the

4 acquisition of information, suggestions, estimates, and sta5 tistics for the purpose of this section. The Commission is

6 authorized to obtain the services of experts and consultants

7 without regard to section 3109 of title 5, United States

8 Code, and to set pay in accordance with such section.

9 ‘‘(4) The head of such Federal agency shall, to the ex10 tent not prohibited by law, cooperate with the Commission

11 in carrying out this section. The Commission is authorized

12 to utilize, with their consent, the services, personnel, infor13 mation, and facilities of other Federal, State, local, and pri14 vate agencies with or without reimbursement.

15 ‘‘(g) FINAL REPORT.—The Commission shall report to

16 Congress its findings not later than 3 years after the date

17 of enactment of this Act. Such report may include legisla18 tive recommendations. The Commission may make what19 ever interim reports to Congress that it deems necessary.’’.
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1 TITLE II—AMENDMENTS TO THE

2 GENERAL EDUCATION PROVI3 SIONS ACT

4 PART A—APPLICABILITY OF THE GENERAL

5 EDUCATION PROVISIONS ACT

6 SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.

7 Section 400 of the General Education Provisions Act

8 (20 U.S.C. 1221 et seq.; referred to in this title as ‘‘the Act’’)

9 is amended to read as follows:

10 ‘‘TITLE; APPLICABILITY; DEFINITIONS

11 ‘‘SEC. 400. (a) This title may be cited as the ‘General

12 Education Provisions Act’.

13 ‘‘(b)(1) Except as otherwise provided, this title applies

14 to each applicable program of the Department of Education.

15 ‘‘(2) Except as otherwise provided, this title does not

16 apply to any contract made by the Department of

17 Education.

18 ‘‘(c) As used in this title, the following terms have the

19 following meanings:

20 ‘‘(1) The term ‘applicable program’ means any

21 program for which the Secretary or the Department

22 has administrative responsibility as provided by law

23 or by delegation of authority pursuant to law. The

24 term includes each program for which the Secretary

25 or the Department has administrative responsibility
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1 under the Department of Education Organization Act

2 or under statutes effective after the effective date of

3 that Act.

4 ‘‘(2) The term ‘applicable statute’ means—

5 ‘‘(A) the Act or the title, part, section, or

6 any other subdivision of an Act, as the case may

7 be, that authorizes the appropriation for an ap8 plicable program;

9 ‘‘(B) this title; and

10 ‘‘(C) any other statute that by its terms ex11 pressly controls the administration of an appli12 cable program.

13 ‘‘(3) The term ‘Department’ means the Depart14 ment of Education.

15 ‘‘(4) The term ‘Secretary’ means the Secretary of

16 Education.

17 ‘‘(d) Nothing in this title shall be construed to affect

18 the applicability of title VI of the Civil Rights Act of 1964,

19 title IX of the Education Amendments of 1972, title V of

20 the Rehabilitation Act of 1973, the Age Discrimination Act,

21 or other statutes prohibiting discrimination, to any appli22 cable program.’’.

23 SEC. 212. REPEAL AND REDESIGNATION.

24 (a) The following provisions of the Act are repealed:
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1 (1) Sections 400A, 401, 402, 405, 406, 406A,

2 406B, 406C, 407, 413, 416, 419, 421, 423, 424, 426A,

3 and 429; and

4 (2) part D.

5 (b) Sections 403, 408, 409, 411, 412, 414, 415, 417,

6 420, 421A, 422, 425, 426, 427, 428, 430, 431, 432, 433,

7 434, 435, 436, 437, 438, 439, and 440 are redesignated as

8 401, 410, 411, 420, 421, 422, 423, 425, 426, 430, 431, 432,

9 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444,

10 445, and 446 respectively.

11 (c) Part E is redesignated as part D.

12 PART B—THE DEPARTMENT OF

13 EDUCATION

14 SEC. 221. NEW HEADING FOR PART A.

15 The heading for part A of the Act is amended to read

16 as follows:

17 ‘‘PART A—FUNCTIONS OF THE DEPARTMENT OF

18 EDUCATION’’.

19 SEC. 222. OFFICE OF NON-PUBLIC EDUCATION.

20 Section 401 of the Act (as redesignated) is amended

21 by—

22 (1) striking the heading of such section and in23 serting the following new heading:

24 ‘‘OFFICE OF NON-PUBLIC EDUCATION’’.

25 (2) striking subsections (a), (b), and (c); and
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1 (3) striking ‘‘(d)(1) There’’ and inserting ‘‘SEC.

2 401 (1) There’’.

3 SEC. 223. GENERAL AUTHORITY OF THE SECRETARY.

4 Section 410 of the Act (as redesignated) is amended

5 to read as follows:

6 ‘‘GENERAL AUTHORITY OF THE SECRETARY

7 ‘‘SEC. 410. The Secretary, in order to carry out func8 tions otherwise vested by law or by delegation of authority

9 pursuant to law, and subject to limitations as may be other10 wise imposed by law, is authorized to make, promulgate,

11 issue, rescind, and amend rules and regulations governing

12 the manner of operation of, and governing the applicable

13 programs administered by, the Department.’’.

14 SEC. 224. COORDINATION.

15 The Act is amended by inserting the following new sec16 tion 412:

17 ‘‘COORDINATION

18 ‘‘SEC. 412. The Advisory Council on Education Statis19 tics, the National Education Goals Panel, the National

20 Education Statistics and Improvement Council, and any

21 other Board established to analyze, address, or approve

22 standards and assessments shall coordinate and interact

23 with one another in order to ensure that each entity does

24 not duplicate activities to assist States in their efforts to

25 reform their educational systems.’’.
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1 PART C—APPROPRIATIONS AND

2 EVALUATIONS

3 SEC. 230. FORWARD FUNDING.

4 Section 420 of the Act (as redesignated) is amended

5 to read as follows:

6 ‘‘FORWARD FUNDING

7 ‘‘SEC. 420. (a) To the end of affording the responsible

8 State, local, and Federal officers adequate notice of avail9 able Federal financial assistance for carrying out ongoing

10 education activities and projects, appropriations for grants,

11 contracts, or other payments under any applicable program

12 are authorized to be included in the appropriations Act for

13 the fiscal year preceding the fiscal year during which such

14 activities and projects shall be carried out.

15 ‘‘(b) In order to effect a transition to the timing of

16 appropriation action authorized by subsection (a), the ap17 plication of this section may result in the enactment, in

18 a fiscal year, of separate appropriations for an applicable

19 program (whether in the same appropriations Act or other20 wise) for 2 consecutive fiscal years.’’.

21 SEC. 231. AVAILABILITY OF APPROPRIATIONS.

22 (a) The heading for section 421 of the Act (as redesig23 nated) is amended to read as follows: ‘‘AVAILABILITY OF AP24 PROPRIATIONS ON ACADEMIC OR SCHOOL-YEAR BASIS; ADDI25 TIONAL PERIOD FOR EXPENDITURE OF FUNDS’’.
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1 (b) Section 421 of the Act (as redesignated) is further

2 amended—

3 (1) in subsection (b) by striking ‘‘(b) Notwith4 standing’’ and inserting ‘‘(b)(1) Notwithstanding’’;

5 and

6 (2) in subsection (c) by striking ‘‘section

7 3679(d)(2) of the Revised Statutes’’ and inserting

8 ‘‘section 1341(a) of title 31 of the United States

9 Code’’.

10 SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.

11 Section 422 of the Act (as redesignated) is amended

12 to read as follows:

13 ‘‘CONTINGENT EXTENSION OF PROGRAMS

14 ‘‘SEC. 422. (a) The authorization of appropriations

15 for, or duration of, an applicable program shall be auto16 matically extended for one additional fiscal year unless

17 Congress, in the regular session that ends prior to the begin18 ning of the terminal fiscal year of such authorization or

19 duration, has passed legislation that becomes law and ex20 tends or repeals the authorization or duration of such pro21 gram.

22 ‘‘(b) The amount authorized to be appropriated for the

23 period of automatic extension of an applicable program

24 under subsection (a) shall be the amount that was author25 ized to be appropriated for that program during its termi26 nal fiscal year.
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1 ‘‘(c) During the period of automatic extension of an

2 applicable program under subsection (a), the Secretary

3 shall administer such program, including the performance

4 of all required acts and determinations, in the same manner

5 required in the termination fiscal year by the applicable

6 statute.

7 ‘‘(d) This section shall not apply to the authorization

8 of appropriations for a commission, council or committee

9 which is required by an applicable statute to terminate on

10 a date certain.’’.

11 SEC. 233. STATE REPORTS.

12 Subpart 2 of part B of the Act is amended by inserting

13 the following new section 424 at the beginning of such sub14 part.

15 ‘‘RESPONSIBILITY OF STATES TO FURNISH INFORMATION

16 ‘‘SEC. 424. (a) Each State educational agency shall

17 submit to the Secretary a report on or before March 15 of

18 every second year. Each such report shall include—

19 ‘‘(1) information with respect to the uses of Fed20 eral funds in such State in the 2 preceding fiscal

21 years under any applicable program under the juris22 diction of the State educational agency; and

23 ‘‘(2) information with respect to the uses of Fed24 eral funds in such State in the 2 preceding fiscal

25 years under any Federal program administered by
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1 the State that provided grants or contracts to a local

2 educational agency in the State.

3 ‘‘(b) Each report submitted as required by subsection

4 (a) shall—

5 ‘‘(1) list, with respect to each program for which

6 information is provided, all grants made to and con7 tracts entered into with local educational agencies

8 and other public and private agencies and institu9 tions within the State during each fiscal year con10 cerned;

11 ‘‘(2) analyze the information included in the re12 port by local educational agency and by program;

13 ‘‘(3) include the total amount of funds available

14 to the State under each such program for each fiscal

15 year concerned; and

16 ‘‘(4) be made readily available by the State to

17 local educational agencies and institutions within the

18 State and to the public.

19 ‘‘(c) If the Secretary does not receive a report by the

20 date required under subsection (a), or receives an incom21 plete report, the Secretary, not later than 30 days after such

22 report is required to be submitted, shall take all reasonable

23 measures to obtain the delinquent or incomplete informa24 tion from the State educational agency.
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1 ‘‘(d) When the Secretary receives a report required

2 under subsection (a), the Secretary shall provide such infor3 mation to the National Center for Education Statistics, and

4 shall make such information available, at a reasonable cost,

5 to any individual who requests it.

6 ‘‘(e) The Secretary shall consult with the Speaker and

7 Minority Leader of the House of Representatives and the

8 Majority and Minority Leaders of the Senate regarding the

9 costs and feasibility of making the information described

10 in subsection (a) available as part of a telecommunications

11 network that is readily accessible to every member of Con12 gress and other interested parties.

13 ‘‘(f) On or before August 15th of each year in which

14 reports are submitted under subsection (a), the Secretary

15 shall submit a report to the Committee on Education and

16 Labor of the House of Representatives and the Committee

17 on Labor and Human Resources of the Senate. Such report

18 shall include—

19 ‘‘(1) an analysis of the content and data quality

20 of such reports;

21 ‘‘(2) a compilation of statistical data derived

22 from such reports; and

23 ‘‘(3) information obtained by the Secretary with

24 respect to—
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1 ‘‘(A) direct grants made to local educational

2 agencies by the Federal Government; and

3 ‘‘(B) contracts entered into between such

4 agencies and the Federal Government.’’.

5 SEC. 234. BIENNIAL EVALUATION REPORT.

6 Section 425 of the Act (as redesignated) is amended

7 to read as follows:

8 ‘‘BIENNIAL EVALUATION REPORT

9 ‘‘SEC. 425. Not later than March 31 of each second

10 year beginning with 1995, the Secretary shall transmit to

11 the Committee on Education and Labor of the House of

12 Representatives and the Committee on Labor and Human

13 Resources of the Senate an evaluation report on the effec14 tiveness of applicable programs during the two preceding

15 fiscal years in achieving their legislated purposes. Such re16 port shall—

17 ‘‘(1) contain program profiles that include legis18 lative citations, multi-year funding histories, and leg19 islated purposes;

20 ‘‘(2) contain recent evaluation information on

21 the progress being made toward the achievement of

22 program objectives, including listings of program per23 formance indicators, data from performance measure24 ment based on the indicators, evaluation information

25 on the costs and benefits of the applicable programs

26 being evaluated.
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1 ‘‘(3) contain selected significant program activi2 ties, such as initiatives for program improvement,

3 regulations, and program monitoring and evaluation;

4 ‘‘(4) list the principal analyses and studies sup5 porting the major conclusions in such report; and

6 ‘‘(5) be prepared in concise summary form with

7 necessary detailed data and appendices, including

8 available data to indicate the effectiveness of the pro9 grams and projects by the race, sex, disability and

10 age of their beneficiaries.’’.

11 SEC. 235. TECHNICAL AMENDMENT.

12 (a) Section 423 of the Act (as redesignated) is amended

13 by striking ‘‘Commissioner’’ and inserting ‘‘Secretary’’.

14 (b) Section 426 of the Act (as redesignated) is amended

15 by—

16 (1) striking ‘‘title I of’’ and all that follows

17 through ‘‘Congress)’’ and inserting ‘‘title VIII of the

18 Elementary and Secondary Education Act of 1965’’;

19 and

20 (2) striking ‘‘subparagraph (C) of section 3(d)(2)

21 or section 403(1)(C)’’ and inserting in lieu thereof

22 ‘‘sections 8003(c) or residing on property described in

23 section 8012(4)(B)(ii)’’.
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1 SEC. 236. COORDINATION.

2 The National Assessment Governing Board, the Advi3 sory Council on Statistics, the National Education Goals

4 Panel, the National Education Statistics and Improvement

5 Council, and any other Board established to analyze, ad6 dress, or approve standards and assessments shall coordi7 nate and interact with one another in order to ensure that

8 each entity does not duplicate activities to assist States in

9 their efforts to reform their educational systems.

10 PART D—ADMINISTRATION OF

11 EDUCATION PROGRAMS

12 SEC. 241. JOINT FUNDING OF PROGRAMS.

13 Section 430 of the Act (as redesignated) is amended

14 to read as follows:

15 ‘‘JOINT FUNDING OF PROGRAMS

16 ‘‘SEC. 430. (a)(1) The Secretary is authorized to enter

17 into arrangements with other Federal agencies to jointly

18 carry out projects of common interest, to transfer to such

19 agencies funds appropriated under any applicable pro20 gram, and to receive and use funds from such agencies, for

21 projects of common interest.

22 ‘‘(2) Funds so transferred or received shall be used only

23 in accordance with the statutes authorizing the appropria24 tion of such funds, and shall be made available by contract

25 or grant only to recipients eligible to receive such funds

26 under such statutes.
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1 ‘‘(3) If the Secretary enters into an agreement under

2 this subsection for the administration of a project, the agen3 cy administering the project shall use its procedures to

4 award contracts or grants and to administer such awards,

5 unless the parties to the agreement specify the use of proce6 dures of another agency that is a party to the agreement.

7 ‘‘(4) If the Secretary has entered into an agreement

8 authorized under subsection (a) of this section and the Sec9 retary and the heads of the other agencies participating in

10 the agreement determine that joint funding is necessary to

11 address a special need consistent with the purposes and

12 authorized activities of each program that provides funding,

13 the Secretary and the heads of the other participating agen14 cies may develop a single set of criteria for jointly funded

15 projects and require each applicant for those projects to sub16 mit a single application for review by the participating

17 agencies.

18 ‘‘(b) The Secretary may develop the criteria for, and

19 require the submission of, joint applications under two or

20 more applicable programs under which awards are made

21 on a competitive basis, and may jointly review and approve

22 such applications separately from other applications under

23 such programs, when the Secretary determines that such

24 joint awards are necessary to address a special need consist25 ent with the purposes and authorized activities of each such
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1 program. An applicant for such a joint award must meet

2 the eligibility requirements of each such program.

3 ‘‘(c) The Secretary may not construe the provisions of

4 this section to take precedence over a limitation on joint

5 funding contained in an applicable statute.

6 ‘‘(d)(1) The Secretary shall provide notice to the Com7 mittee on Education and Labor of the House of Representa8 tives and to the Committee on Labor and Human Resources

9 of the Senate of each joint funding agreement made with

10 other Federal agencies not later than 60 days following the

11 making of such agreements.

12 ‘‘(2) Such notice shall include—

13 ‘‘(A) a description of the purpose and objectives

14 of the joint funding arrangement;

15 ‘‘(B) the amounts and sources, by program, of

16 the funds dedicated to such arrangement; and

17 ‘‘(C) the criteria developed to govern the award

18 of contracts and grants.’’.

19 SEC. 242. COLLECTION AND DISSEMINATION OF INFORMA20 TION.

21 Section 431 of the Act (as redesignated) is amended

22 by—

23 (1) striking ‘‘(a) The Commissioner’’ and insert24 ing ‘‘The Secretary’’;

25 (2) inserting ‘‘and’’ at the end of paragraph (2);
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1 (3) striking ‘‘; and’’ at the end of paragraph (3)

2 and inserting ‘‘.’’; and

3 (4) striking paragraph (4) and subsections (b)

4 and (c).

5 SEC. 243. REVIEW OF APPLICATIONS.

6 (a) Section 432 of the Act (as redesignated) is amend7 ed—

8 (1) in subsection (a)—

9 (A) by striking ‘‘Commissioner’’ and insert10 ing ‘‘Secretary’’;

11 (B) by striking ‘‘and in the case of the pro12 gram provided for in title I of the Elementary

13 and Secondary Education Act of 1965,’’;

14 (C) in the third sentence thereof, by insert15 ing a comma after ‘‘the hearing’’; and

16 (D) in the fourth sentence thereof—

17 (i) by striking the comma after ‘‘guide18 lines’’; and

19 (ii) by inserting a comma after ‘‘pro20 gram’’;

21 (2) in subsection (b), by striking ‘‘Commis22 sioner’’ each place it appears and inserting ‘‘Sec23 retary’’; and

24 (3) in subsection (d), by striking ‘‘Commis25 sioner’’ each time it appears and inserting ‘‘Sec-
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1 retary’’ and by inserting before the period ‘‘or issue

2 such other orders as the Secretary may deem appro3 priate to achieve such compliance’’.

4 (b) All statistics and other data collection and analysis

5 reported under this section shall, whenever feasible, be col6 lected cross-tabulated, analyzed, and reported by sex within

7 race or ethnicity and socioeconomic status. In the event that

8 the Secretary determines that such statistics or data collec9 tion and analysis reveals no significant differences among

10 such categories, the Secretary shall include in the relevant

11 report incorporating such statistics or data an explanation

12 of such determination.

13 SEC. 244. TECHNICAL AMENDMENT.

14 Section 434 of the Act (as redesignated) is amended

15 in the first sentence by striking ‘‘the Commissioner’’ and

16 ‘‘he’’ and inserting ‘‘the Secretary’’ in lieu of each.

17 SEC. 245. USE OF FUNDS WITHHELD.

18 Section 435 of the Act (as redesignated) is amended

19 to read as follows:

20 ‘‘USE OF FUNDS WITHHELD

21 ‘‘SEC. 435. (a) At any time that the Secretary makes

22 an allotment or reallotment to any State under any appli23 cable program, the Secretary shall reduce such allotment or

24 reallotment by such amount as the Secretary determines

25 such allotment or reallotment would have been reduced, had

26 the data on which the allotment or reallotment is based ex-
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1 cluded all data relating to local educational agencies of the

2 State that, on the date of the Secretary’s action, are ineli3 gible to receive the Federal financial assistance involved be4 cause of failure to comply with title VI of the Civil Rights

5 Act of 1964, title IX of the Education Amendments of 1972,

6 section 504 of the Rehabilitation Act of 1973, or the Age

7 Discrimination Act of 1975.

8 ‘‘(b) The Secretary may use any funds withheld under

9 subsection (a)—

10 ‘‘(1) to increase the allotments of other local edu11 cational agencies within the State, or the allotments

12 of all States, in accordance with the statutes govern13 ing the program; or

14 ‘‘(2) for grants to local educational agencies of

15 that State in accordance with section 405 of the Civil

16 Rights Act of 1964, or for any other program admin17 istered by the Department that is designed to enhance

18 equity in education or redress discrimination on the

19 basis of race, color, national origin, sex, age, or

20 disability.’’.

21 SEC. 246. APPLICATIONS.

22 Section 436 of the Act (as redesignated) is amended

23 by striking ‘‘for three fiscal years’’ and inserting ‘‘for more

24 than one fiscal year’’.
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1 SEC. 247. REGULATIONS.

2 Section 437 of the Act (as redesignated) is amended—

3 (1) in the heading by striking ‘‘: REQUIREMENTS

4 AND ENFORCEMENT’’;

5 (2) in subsection (a) by—

6 (A) striking, in paragraph (1), ‘‘Commis7 sioner’’ and inserting ‘‘Secretary’’; and

8 (B) striking, in paragraph (2), ‘‘Depart9 ment of Health, Education, and Welfare or the

10 Office of Education, or by an official of such

11 agencies’’ and inserting ‘‘Secretary’’;

12 (3) in subsection (b) by—

13 (A) striking ‘‘Commissioner’’ each place it

14 appears and inserting ‘‘Secretary’’; and

15 (B) striking the last sentence of paragraph

16 (2)(B);

17 (4) in subsection (d) by—

18 (A) striking, in paragraph (1)—

19 (i) in the second sentence, ‘‘trans20 mission unless the Congress shall, by con21 current resolution, find that the final regu22 lation is inconsistent with the Act from

23 which it derives its authority, and dis24 approve such final regulation, in whole or

25 in part’’ and insert ‘‘transmission’’;

26 (ii) the last sentence; and
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1 (iii) ‘‘(1)’’;

2 (B) striking paragraph (2);

3 (5) by striking subsections (e) and (f); and

4 (6) in subsection (g), by striking ‘‘Commis5 sioner’’ each place it appears and inserting ‘‘Sec6 retary’’.

7 SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIRE8 MENTS.

9 Section 443 of the Act (as redesignated) is amended—

10 (1) in subsection (a)—

11 (A) by striking out ‘‘grant, subgrant, con12 tract, subcontract, loan, or other arrangement

13 (other than procurement contracts awarded by

14 an administrative head of an educational agen15 cy)’’ and inserting in lieu thereof ‘‘grant,

16 subgrant, cooperative agreement, loan or other

17 agreement’’;

18 (B) by inserting ‘‘financial or pro19 grammatic’’ immediately before ‘‘audit.’’; and

20 (C) by striking ‘‘five’’ in the last sentence

21 and inserting ‘‘three’’; and

22 (2) in subsection (b), by striking out ‘‘to any

23 records of a recipient which may be related, or perti24 nent to, the grants, subgrants, contracts, subcontracts,

25 loans, or other arrangements’’ and inserting in lieu
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1 thereof ‘‘to any records currently maintained by a re2 cipient that may be related, or pertinent to, grants,

3 subgrants, cooperative agreements, loans, or other ar4 rangements’’.

5 SEC. 249. RELEASE OF RECORDS.

6 Section 444(b)(1)(E) of the Act (as redesignated) is

7 amended to read as follows:

8 ‘‘(E) State and local officials or authorities to

9 whom such information is specifically allowed to be

10 reported or disclosed pursuant to State statute adopt11 ed—

12 ‘‘(i) before November 19, 1974, if the al13 lowed reporting or disclosure concerns the juve14 nile justice system and its ability to effectively

15 serve the student whose records are released, or

16 ‘‘(ii) after November 19, 1974, if—

17 ‘‘(I) the allowed reporting or disclosure

18 concerns the juvenile justice system and its

19 ability to effectively serve the student whose

20 records are released, and

21 ‘‘(II) the officials and authorities to

22 whom such information is disclosed certify

23 in writing to the educational agency or in24 stitution that the information will not be

25 disclosed to any other party except as pro-
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1 vided under State law without the prior

2 written consent of the parent.’’.

3 SEC. 250. PROTECTION OF PUPIL RIGHTS.

4 Section 445 of the Act (as redesignated) is amended

5 to read as follows:

6 ‘‘PROTECTION OF PUPIL RIGHTS

7 ‘‘SEC. 445. (a) All instructional materials, including

8 teacher’s manuals, films, tapes, or other supplementary ma9 terial which will be used in connection with any survey,

10 analysis, or evaluation as part of any applicable program

11 shall be available for inspection by the parents or guardians

12 of the children.

13 ‘‘(b) No student shall be required, as part of any appli14 cable program, to submit to a survey, analysis, or evalua15 tion that reveals information concerning—

16 ‘‘(1) political affiliations;

17 ‘‘(2) mental and psychological problems poten18 tially embarrassing to the student or his family;

19 ‘‘(3) sex behavior and attitudes;

20 ‘‘(4) illegal, antisocial, self-incriminating, and

21 demeaning behavior;

22 ‘‘(5) critical appraisals of other individuals with

23 whom respondents have close family relationships;

24 ‘‘(6) legally recognized privileged or analogous

25 relationships, such as those of lawyers, physicians,

26 and ministers; or
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1 ‘‘(7) income (other than that required by law to

2 determine eligibility for participation in a program

3 or for receiving financial assistance under such pro4 gram),

5 without the prior consent of the student (if the student is

6 an adult or emancipated minor), or in the case of an

7 unemancipated minor, without the prior written consent of

8 the parent.

9 ‘‘(c) Educational agencies and institutions shall give

10 parents and students effective notice of their rights under

11 this section.

12 ‘‘(d) The Secretary shall take such action as the Sec13 retary determines appropriate to enforce this section, except

14 that action to terminate assistance provided under an ap15 plicable program shall be taken only if the Secretary deter16 mines that—

17 ‘‘(1) there has been a failure to comply with such

18 section; and

19 ‘‘(2) compliance with such section cannot be se20 cured by voluntary means.

21 ‘‘(e) The Secretary shall establish or designate an office

22 and review board within the Department of Education to

23 investigate, process, review, and adjudicate violations of the

24 rights established under this section.’’.
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1 SEC. 251. ENFORCEMENT.

2 (a) Section 452 of the Act is amended—

3 (1) in the first sentence of paragraph (2) of sub4 section (a), by striking ‘‘stating’’ and all that follows

5 through the end of such sentence and inserting ‘‘estab6 lishing a prima facia case for the recovery of funds,

7 including an analysis reflecting the value of the pro8 gram services actually obtained in a determination of

9 harm to the federal interest.’’;

10 (2) in the first sentence of paragraph (1) of sub11 section (b), by striking ‘‘30’’ and inserting ‘‘60’’; and

12 (3) in subsection (d) by—

13 (A) striking ‘‘(d) Upon’’ and inserting

14 ‘‘(d)(1) Upon’’;

15 (B) adding a new paragraph (2) as follows:

16 ‘‘(2) During the conduct of such review, there shall not

17 be any ex parte contact between the Secretary and individ18 uals representing the Department or the recipient.’’.

19 (b) Section 459 of the Act is amended—

20 (1) in paragraph (1) of subsection (a) by strik21 ing ‘‘, and that the recipient is in all other respects

22 in compliance with the requirements of that pro23 gram’’; and

24 (2) subsection (c) is amended to read as follows:

25 ‘‘(c) Notwithstanding any other provisions of law, the

26 funds made available under this section shall remain avail-
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1 able for expenditure for a period of time deemed reasonable

2 by the Secretary, but in no case to exceed more than 3 fiscal

3 years following the later of—

4 ‘‘(1) the fiscal year in which final agency action

5 under section 452(e) is taken; or

6 ‘‘(2) if such recipient files a petition for judicial

7 review, the fiscal year in which final judical action

8 under section 458 is taken.’’.

9 SEC. 252. TECHNICAL AMENDMENTS.

10 (a) The heading for Part C of the Act is amended by

11 striking ‘‘COMMISSIONER OF EDUCATION’’ and inserting

12 ‘‘SECRETARY’’.

13 (b) Section 434 of the Act (as redesignated) is amended

14 in the second sentence thereof, by inserting ‘‘is made’’ after

15 ‘‘such determination’’.

16 (c) Section 436 of the Act (as redesignated) is amended

17 by striking ‘‘Commissioner’’ each place it appears and in18 serting ‘‘Secretary’’.

19 (d)(1) The heading of section 440 of the Act (as redesig20 nated) is amended by striking ‘‘EDUCATIONAL’’.

21 (2) Section 440 of the Act (as redesignated) is amend22 ed—

23 (A) by striking ‘‘Commissioner’’ each place it

24 appears and inserting ‘‘Secretary’’; and
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1 (B) by inserting ‘‘(c)’’ before the last sentence

2 and by deleting ‘‘paragraph (3)’’ in such sentence and

3 inserting ‘‘subsection (b)(3)’’.

4 (e) Section 441 of the Act (as redesignated) is amend5 ed—

6 (1) by striking ‘‘Commissioner’’ each place it ap7 pears and inserting ‘‘Secretary’’; and

8 (2) in subsection (a)—

9 (A) by striking the comma after ‘‘submits a

10 plan’’; and

11 (B) by striking ‘‘(subject, in the case of pro12 grams under chapter 1 and chapter 2 of title I

13 of the Elementary and Secondary Education Act

14 of 1965, to the provisions of title V of such Act)’’.

15 (f) Section 442 of the Act (as redesignated) is amend16 ed—

17 (1) in subsection (a), by striking ‘‘that local edu18 cation agency’’ and inserting ‘‘that local educational

19 agency’’; and

20 (2) in subsection (b)—

21 (A) in paragraph (2), by inserting a

22 comma after ‘‘program’’;

23 (B) in paragraph (4), by striking ‘‘Commis24 sioner’’ each place it appears and inserting

25 ‘‘Secretary’’; and
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1 (C) in paragraph (7), by striking ‘‘handi2 capped individuals’’ and inserting ‘‘individuals

3 with disabilities’’.

4 (g) Section 444 of the Act (as redesignated) is amend5 ed—

6 (1) in subsection (a)(4)(B)(ii), by striking the

7 period at the end thereof and inserting a semicolon;

8 (2) in subsection (b)—

9 (A) in paragraph (1)(C), by striking ‘‘(iii)

10 an administrative head of an education agency

11 (as defined in section 408(c)), or (iv)’’ and in12 serting ‘‘or (iii)’’;

13 (B) in paragraph (1)(H), by striking

14 ‘‘1954’’ and inserting ‘‘1986’’; and

15 (C) in paragraph (3)—

16 (i) by striking ‘‘(C) an administrative

17 head of an education agency or (D)’’ and

18 inserting ‘‘or (C)’’; and

19 (ii) by striking ‘‘education program’’

20 and inserting ‘‘education programs’’;

21 (3) in subsection (d), by inserting a comma after

22 ‘‘education’’;

23 (4) in subsection (f)—
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1 (A) by striking ‘‘The Secretary, or an ad2 ministrative head of an education agency,’’ and

3 inserting ‘‘The Secretary’’;

4 (B) by striking ‘‘provisions of’’ after ‘‘en5 force’’;

6 (C) by striking ‘‘according to the provisions

7 of’’ and inserting ‘‘in accordance with’’; and

8 (D) by striking ‘‘the provisions of’’ after

9 ‘‘with’’; and

10 (5) in subsection (g)—

11 (A) by striking ‘‘Health, Education, and

12 Welfare’’ and inserting ‘‘Education’’; and

13 (B) by striking ‘‘the provisions of ’’.

14 SEC. 253. EQUITY FOR STUDENTS, TEACHERS, AND OTHER

15 PROGRAM BENEFICIARIES.

16 The Act is further amended by inserting after section

17 426 (as redesignated) a new section 427 to read as follows:

18 ‘‘EQUITY FOR STUDENTS, TEACHERS, AND OTHER

19 PROGRAM BENEFICIARIES

20 ‘‘SEC. 427. (a) The purpose of this section is to assist

21 the Department in implementing its mission to ensure

22 equal access to education and to promote educational excel23 lence throughout the Nation, by ensuring equal opportuni24 ties to participate for all eligible students, teachers, and

25 other program beneficiaries in any project or activity car-
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1 ried out under an applicable program and promoting their

2 ability to meet high standards.

3 ‘‘(b) The Secretary shall require each applicant for as4 sistance under an applicable program (other than an indi5 vidual) to develop and describe in its application the steps

6 it proposes to take to ensure equitable access to, and equi7 table participation in, the project or activity to be con8 ducted with such assistance, by addressing the special needs

9 of students, teachers, and other program beneficiaries in

10 order to overcome barriers to equitable participation, in11 cluding barriers based on gender, race, color, national ori12 gin, disability, and age.

13 ‘‘(c) The Secretary may establish criteria and provide

14 technical assistance for meeting the requirements of this

15 section.

16 ‘‘(d) Nothing in this section is intended to alter in any

17 way the rights or responsibilities established under the stat18 utes cited in section 400(d) of this Act.’’.

19 PART E—RELATED AMENDMENTS TO

20 OTHER ACTS

21 SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION ACT

22 The Department of Education Organization Act is

23 amended—

24 (1) by repealing sections 414 and 427;
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1 (2) by redesignating sections 209, 210, 211, 212,

2 214, 215, 303, 304, 305, 306, 307, 415, 416, 417, 418,

3 419, 420, 421, 422, 423, 424, 425, 426, and 428 as

4 sections 208, 209, 210, 211, 212, 213, 302, 303, 304,

5 305, 306, 414, 415, 416, 417, 418, 419, 420, 421, 422,

6 423, 424, 425, and 426;

7 (3) the table of contents is amended to read as

8 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 Correctional Education.

‘‘Sec. 213. 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.
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‘‘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. Contracts.

‘‘Sec. 415. Regional and field offices.

‘‘Sec. 416. Acquisition and maintenance of property.

‘‘Sec. 417. Facilities at remote locations.

‘‘Sec. 418. Use of facilities.

‘‘Sec. 419. Copyrights and patents.

‘‘Sec. 420. Gifts and bequests.

‘‘Sec. 421. Technical advice.

‘‘Sec. 422. Working capital fund.

‘‘Sec. 423. Funds transfer.

‘‘Sec. 424. Seal of department.

‘‘Sec. 425. Annual report.

‘‘Sec. 426. 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.’’.

1 (4) in section 202(b), by inserting after para2 graph (2) the following:

3 ‘‘(3) There shall be in the Department, a Special As4 sistant for Gender Equity who shall be appointed by the

5 Secretary. The Special Assistant shall promote, coordinate,
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1 and evaluate gender equity programs, including the dis2 semination of information, technical assistance, coordina3 tion of research activities, and the administration of grant

4 programs. The Special Assistant shall report directly to the

5 Secretary, and shall perform such additional functions as

6 the Secretary shall prescribe.’’.

7 TITLE III—AMENDMENTS TO

8 OTHER ACTS

9 PART A—AMENDMENTS TO THE INDIVID10 UALS WITH DISABILITIES EDUCATION

11 ACT

12 SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.

13 (a) GRANT AMOUNTS.—Section 611(a) of the Individ14 uals with Disabilities Education Act (referred to in this

15 title as the ‘‘IDEA’’) is amended—

16 (1) by amending paragraph (1) to read as

17 follows:

18 ‘‘(1) Except as provided in paragraph (5), the maxi19 mum amount of the grant for which a State is eligible

20 under this section for any fiscal year is—

21 ‘‘(A) the sum of—

22 ‘‘(i) the number of children with disabilities

23 in the State, aged six through 21, who are receiv24 ing special education and related services, as de25 termined under paragraph (3); and
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1 ‘‘(ii) the number of such children in the

2 State, aged three through five, if the State is eli3 gible for a grant under section 619; multiplied

4 by

5 ‘‘(B) 40 percent of the average per-pupil expend6 iture in public elementary and secondary schools in

7 the United States.’’;

8 (2) by amending paragraph (2) to read as

9 follows:

10 ‘‘(2) For the purpose of this section, the term ‘State’

11 means each of the 50 States, the District of Columbia, and

12 the Commonwealth of Puerto Rico.’’; and

13 (3) in paragraph (5)(A)—

14 (A) in clause (i)—

15 (i) by striking ‘‘and the State’’ and in16 serting ‘‘or the combined percentage of such

17 children counted by the Secretary for the

18 purpose of making fiscal year 199— alloca19 tions under this section and under subpart

20 2 of part D of chapter 1 of title I of the Ele21 mentary and Secondary Education Act of

22 1965, as in effect the day before the date of

23 the enactment of the Improving America’s

24 Schools Act of 1994, whichever is greater, if

25 the State’’; and
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1 (ii) by inserting ‘‘and’’ at the end

2 thereof ;

3 (B) in clause (ii)—

4 (i) by striking ‘‘and the State’’ and in5 serting ‘‘or the combined percentage of such

6 children counted by the Secretary for the

7 purpose of making fiscal year 1994 alloca8 tions under this section and under subpart

9 2 of part D of chapter 1 of title I of the Ele10 mentary and Secondary Education Act of

11 1965, as in effect the day before the date of

12 the enactment of the Improving America’s

13 Schools Act of 1994, whichever is greater, if

14 the State’’; and

15 (ii) by striking out the semicolon and

16 ‘‘and’’ at the end thereof and inserting in

17 lieu thereof a period; and

18 (C) by striking out clause (iii).

19 (b) AMOUNT RECEIVED.—Section 611(b) of the IDEA

20 is amended to read as follows:

21 ‘‘(b)(1) Notwithstanding subsections (a) and (g) of this

22 section, no State shall receive an amount under this section

23 for any of the fiscal years 1995 through 1999 that is less

24 than the combined amount it received for fiscal year 1994

25 under—
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1 ‘‘(A) this section; and

2 ‘‘(B) subpart 2 of part D of chapter 1 of title I

3 of the Elementary and Secondary Education Act of

4 1965 as in effect the day before the date of the enact5 ment of the Improving America’s Schools Act of 1994,

6 for children with disabilities aged three through 21.

7 ‘‘(2) If, for fiscal year 1998 or 1999, the number of

8 children determined under subsection (a)(3) for any State

9 is less than the total number of children with disabilities,

10 aged three through 21, counted for such State’s fiscal year

11 1994 grants under this section and under subpart 2 of part

12 D of chapter 1 of title I of the Elementary and Secondary

13 Education Act of 1965, as in effect the day before the date

14 of the enactment of the Improving America’s Schools Act

15 of 1994, the amount determined under paragraph (1) for

16 such State shall be reduced by the same percentage by which

17 the number of such children so declined.

18 ‘‘(3) In any fiscal year in which the amount appro19 priated for grants under this section is less, in real dollar

20 terms, than the amount appropriated in the immediate pre21 ceding fiscal year, the amount for each State under this

22 subsection will be reduced proportionately.’’.

23 (c) USES OF FUNDS.—Section 611(c) of the IDEA is

24 amended—
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1 (1) by amending paragraph (1) to read as fol2 lows:

3 ‘‘(1) Of the funds received under subsection (a) by any

4 State for any fiscal year—

5 ‘‘(A) the State may use up to 25 percent in ac6 cordance with paragraph (2); and

7 ‘‘(B) except as provided in paragraph (4), the

8 State shall distribute at least 75 percent to local edu9 cational agencies and intermediate educational units,

10 in accordance with subsection (d), for use in accord11 ance with priorities established under section

12 612(3).’’;

13 (2) in paragraph (2), by amending subpara14 graph (A) to read as follows:

15 ‘‘(A) From the funds that any State may use under

16 paragraph (1)(A) for any fiscal year, the State—

17 ‘‘(i) may use 5 percent of the funds received

18 under this section or $450,000, whichever is greater,

19 for administrative costs related to carrying out sec20 tions 612 and 613; and

21 ‘‘(ii) shall use the remainder—

22 ‘‘(I) to provide support services and direct

23 services, subject to subparagraph (B), in accord24 ance with priorities established under section

25 612(3); and
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1 ‘‘(II) for the administrative costs of mon2 itoring and complaint investigation, but only to

3 the extent that such costs exceed the costs of ad4 ministration incurred during fiscal year 1985.’’.

5 (d) STATE FUNDS.—Section 611(d) of the IDEA is

6 amended to read as follows:

7 ‘‘(d)(1) From the total amount of funds available for

8 any fiscal year under subsection (c)(1)(B), the State shall

9 provide to each local educational agency or intermediate

10 educational unit an amount that bears the same ratio to

11 such total amount as the number of children, aged 3 through

12 21, determined under subsection (a)(3) for such agency or

13 unit bears to the total number of such children determined

14 for all such agencies and units that apply for such funds.

15 ‘‘(2)(A) To the extent necessary, the State—

16 ‘‘(i) shall use funds available under subsection

17 (c)(2)(A)(ii) to ensure that each State-owned or State18 operated school or program or State-supported school

19 or program that received fiscal year 1994 funds under

20 subpart 2 of part D of chapter 1 of title I of the Ele21 mentary and Secondary Education Act of 1965 re22 ceives, from the combination of such funds and funds

23 provided under paragraph (1), an amount equal to—
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1 ‘‘(I) the number of children, aged 6 through

2 21, determined under subsection (a)(3) for such

3 agency; multiplied by

4 ‘‘(II) the per-child amount provided under

5 such subpart for fiscal year 1994; and

6 ‘‘(ii) may use such funds to ensure that each

7 local educational agency that received fiscal year

8 1994 funds under such subpart for children who had

9 transferred from a State-owned, State-operated, or

10 State-supported school or program assisted under

11 such subpart receives, from the combination of such

12 funds and funds provided under paragraph (1), an

13 amount for each such child, aged 3 through 21, deter14 mined under subsection (a)(3) for such agency, equal

15 to the per-child amount the agency received under

16 such subpart for fiscal year 1994.

17 ‘‘(B) For the purpose of subparagraph (A), the number

18 of children determined under subsection (a)(3) for any

19 State agency or local educational agency shall not exceed

20 the number of children aged 3 through 21 for whom such

21 agency received funds under such subpart for such fiscal

22 year.

23 ‘‘(3) In any fiscal year in which the amount appro24 priated for grants under this section is less, in real dollar

25 terms, than the amount appropriated in the preceding fiscal
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1 year, the amount for each State under this subsection will

2 be reduced proportionately.’’.

3 (e) JURISDICTION.—Section 611(e)(1) of the IDEA is

4 amended to read as follows:

5 ‘‘(1) The jurisdictions to which this subsection applies

6 are Guam, American Samoa, the Virgin Islands, the Com7 monwealth of the Northern Mariana Islands, and Palau

8 (until the effective date of the Compact of Free Association

9 with the Government of Palau).’’.

10 (f) POSSIBLE RATABLE REDUCTION.—Section 611(g)

11 of the IDEA is amended to read as follows:

12 ‘‘(g)(1)(A) If the sums appropriated under subsection

13 (h) for any fiscal year are not sufficient to pay in full the

14 total of the amounts that all States are eligible to receive

15 under subsection (a), each such amount shall be ratably

16 reduced.

17 ‘‘(B) If additional funds become available for making

18 such payments for any fiscal year, such reduced amounts

19 shall be increased on the same basis as they were reduced.

20 ‘‘(C) Any State that receives any such additional funds

21 shall distribute them in accordance with this section, except

22 that any State that has used funds available under sub23 section (c)(2)(A)(ii) for the purposes described in subsection

24 (d)(2) may—
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1 ‘‘(i) deduct, from the amount that it would oth2 erwise be required to make available to local edu3 cational agencies and intermediate educational units,

4 the same amount of such additional funds as it so

5 used; and

6 ‘‘(ii) use such funds in accordance with sub7 section (c)(2)(A)(ii).

8 ‘‘(2)(A) In any fiscal year for which payments have

9 been reduced and additional funds have not been made

10 available under paragraph (1) to pay in full the amounts

11 for which all States are eligible under this section, each

12 State educational agency shall fix dates by which each local

13 educational agency or intermediate educational unit shall

14 report to the State agency the amount of funds available

15 to it under this section that it estimates it will expend.

16 ‘‘(B) The State educational agency shall, in accordance

17 with this section, reallocate any funds that it determines

18 will not be used during the period of availability by such

19 local educational agencies and intermediate educational

20 units, and by any such agency or unit to which such funds

21 would be available if it applied for them under this part,

22 to such local educational agencies and intermediate edu23 cational units that the State educational agency determines

24 will need, and be able to use, additional funds to carry out

25 approved programs.’’.
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1 SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.

2 Part B of the IDEA is further amended by inserting

3 after section 614 the following new section:

4 ‘‘TREATMENT OF CHAPTER 1 STATE AGENCIES

5 ‘‘SEC. 614A. (a) For the purpose of making payments

6 under sections 611 and 619 of this Act, any State agency

7 that received funds for fiscal year 1994 under subpart 2

8 of part D of chapter 1 of title I of the Elementary and

9 Secondary Education Act of 1965 shall be treated as if it

10 were a local educational agency.

11 ‘‘(b) The State educational agency shall ensure that

12 each State agency that owns or operates or supports a pro13 gram or school for children with disabilities with funds

14 under this part—

15 ‘‘(1) provides each child with a disability in

16 such school or program a free appropriate public edu17 cation in accordance with this part, including the due

18 process protections of section 615, as if it were a local

19 educational agency; and

20 ‘‘(2) has on file with the State educational agen21 cy an application that meets the requirements of sec22 tion 614 that the Secretary finds appropriate.

23 ‘‘(c) Section 611(c)(4) shall not apply with respect to

24 a State agency that is eligible for a payment under this

25 part by virtue of this section.’’.
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1 SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.

2 (a) ALLOTMENTS.—Section 684(c) of the IDEA is

3 amended—

4 (1) by redesignating paragraph (2) as para5 graph (5); and

6 (2) by striking paragraph (1) and inserting

7 paragraphs (1) through (4) to read as follows:

8 ‘‘(1) Except as provided in paragraphs (3) and (4),

9 from the funds remaining for each fiscal year after the res10 ervation and payments under subsections (a) and (b), the

11 Secretary shall first allot to each State an amount that

12 bears the same ratio to the amount of such remainder as

13 the number of infants and toddlers in the State bears to

14 the number of infants and toddlers in all States.

15 ‘‘(2) For fiscal year 1995 only, the Secretary shall allot

16 $34,000,000 of the remaining funds described in paragraph

17 (1) among the States in proportion to the relative numbers

18 of infants and toddlers who—

19 ‘‘(A) are counted on December 1, 1994; and

20 ‘‘(B) would have been eligible to be counted

21 under section 1221(c)(1) of the Elementary and Sec22 ondary Education Act of 1965 as in effect before the

23 enactment of the Improving America’s Schools Act of

24 1994.
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1 ‘‘(3) Except as provided in paragraph (4), no State

2 shall receive an amount under this section for any fiscal

3 year that is less than the greater of—

4 ‘‘(A) one-half of one percent of the remaining

5 amount described in paragraph (1), not including

6 any amounts allotted under paragraph (2); or

7 ‘‘(B) $500,000.

8 ‘‘(4)(A) No State shall receive an amount under this

9 section for any of the fiscal years 1995 through 1999 that

10 is less than the combined amount it received for fiscal year

11 1994 under—

12 ‘‘(i) this part; and

13 ‘‘(ii) subpart 2 of part D of chapter 1 of title I

14 of the Elementary and Secondary Education Act of

15 1965 for children with disabilities from birth through

16 age two.

17 ‘‘(B) If, for fiscal year 1998 or 1999, the number of

18 infants and toddlers in any State, as determined under

19 paragraph (1), is less than the number of infants and tod20 dlers so determined for fiscal year 1994, the amount deter21 mined under subparagraph (A) for that State shall be re22 duced by the same percentage by which the number of those

23 infants and toddlers so declined.’’.

24 (b) EFFECTIVE DATE.—The amendments made by sub25 section (a) shall take effect beginning in fiscal year 1995.
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1 PART B—EDUCATION FOR HOMELESS

2 CHILDREN AND YOUTH

3 SEC. 320. AMENDMENTS TO TABLE OF CONTENTS.

4 Section 101 of the Stewart B. McKinney Homeless As5 sistance Act is amended by striking subtitles A and B of

6 title VII and inserting the following:

‘‘Subtitle A—Adult Education for the Homeless

‘‘Sec. 701. State literacy initiatives

‘‘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.’’.

7 SEC. 321. STATEMENT OF POLICY.

8 Subtitle A of title VII of the Stewart B. McKinney

9 Homeless Assistance Act is amended to read as follows:

10 ‘‘Subtitle A—Adult Education for

11 the Homeless

12 ‘‘SEC. 701. STATE LITERACY INITIATIVES.

13 ‘‘(a) GENERAL AUTHORITY.—(1) The Secretary of

14 Education is authorized to make grants to State edu15 cational agencies to enable each such agency to implement,

16 either directly or through contracts and grants, a program

17 of literacy training and academic remediation for adult

18 homeless individuals within the State, which program

19 shall—
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1 ‘‘(A) include outreach activities; and

2 ‘‘(B) be coordinated with other agencies or orga3 nizations, such as community-based organizations,

4 nonprofit literacy-action organizations, and funding

5 recipients under the Adult Education Act, title II of

6 the Job Training Partnership Act, the Youth Fair

7 Chance program under title IV of the Job Training

8 Partnership Act, the Volunteers in Service to America

9 program under the Domestic Volunteers Service Act,

10 part C of this title, or the Job Opportunity and Basic

11 Skills program under the Social Security Act.

12 ‘‘(2) The Secretary of Education shall, in awarding

13 grants under this section, give special consideration to the

14 estimates submitted in the application submitted under sub15 section (b) and make such awards in whatever amounts he

16 or she determines would best serve the purposes of this

17 section.

18 ‘‘(b) APPLICATION.—Each State educational agency

19 desiring to receive a grant under this section shall submit

20 to the Secretary of Education an application at such time,

21 in such manner, and containing such information as the

22 Secretary may reasonably require. Each such application

23 shall include an estimate of the number of homeless individ24 uals in the State and the number of such individuals

25 expected to be served.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out the adult literacy and academic

3 remediation programs authorized by this section, there are

4 authorized to be appropriated such sums as may be nec5 essary for each of the fiscal years 1995 through 1999.

6 ‘‘(d) DEFINITION.—As used in this section, the term

7 ‘State’ means each of the 50 States, the District of Colum8 bia, the Commonwealth of Puerto Rico, the Virgin Islands,

9 Guam, American Samoa, the Commonwealth of the North10 ern Mariana Islands, and Palau (until the effective date

11 of the Compact of Free Association with the Government

12 of Palau).’’.

13 SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND

14 YOUTH.

15 Subtitle B of title VII of the Stewart B. McKinney

16 Homeless Assistance Act is amended to read as follows:

17 ‘‘Subtitle B—Education for

18 Homeless Children and Youth

19 ‘‘SEC. 721. STATEMENT OF POLICY.

20 ‘‘It is the policy of the Congress that—

21 ‘‘(1) each State educational agency shall ensure

22 that each child of a homeless individual and each

23 homeless youth has equal access to the same free, ap24 propriate public education, including a public pre-
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1 school education, as provided to other children and

2 youth;

3 ‘‘(2) in any State that has a compulsory resi4 dency requirement as a component of its compulsory

5 school attendance laws or other laws, regulations,

6 practices, or policies that may act as a barrier to the

7 enrollment, attendance, or success in school of home8 less children and youth, the State will review and un9 dertake steps to revise such laws, regulations, prac10 tices, or policies to ensure that homeless children and

11 youth are afforded the same free, appropriate public

12 education as provided to other children and youth;

13 ‘‘(3) homelessness alone should not be sufficient

14 reason to separate students from the mainstream

15 school environment; and

16 ‘‘(4) homeless children and youth should have ac17 cess to the education and other services that they need

18 to ensure that they have an opportunity to meet the

19 same challenging State performance standards to

20 which all students are held.

21 ‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR

22 THE EDUCATION OF HOMELESS CHILDREN

23 AND YOUTH.

24 ‘‘(a) GENERAL AUTHORITY.—The Secretary is, in ac25 cordance with the provisions of this section, authorized to
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1 make grants to States to carry out the activities described

2 in subsections (d), (e), (f), and (g).

3 ‘‘(b) APPLICATION.—No State may receive a grant

4 under this section unless the State educational agency sub5 mits an application to the Secretary at such time, in such

6 manner, and containing or accompanied by such informa7 tion as the Secretary may reasonably require.

8 ‘‘(c) ALLOCATION AND RESERVATIONS.—(1) Subject to

9 paragraph (2) and section 724(c), from the amounts appro10 priated for each fiscal year pursuant to section 726, the

11 Secretary is authorized to allot to each State an amount

12 that bears the same ratio to the amount appropriated in

13 each such year as the amount allocated under section 1122

14 of the Elementary and Secondary Education Act of 1965

15 to the State in that year bears to the total amount allocated

16 to all States, except that no State shall receive less than

17 $100,000.

18 ‘‘(2)(A) The Secretary is authorized to reserve 0.1 per19 cent of the amount appropriated for each fiscal year pursu20 ant to section 726 to be allocated by the Secretary among

21 the Virgin Islands, Guam, American Samoa, the Common22 wealth of the Northern Mariana Islands, and Palau (until

23 the effective date of the Compact of Free Association with

24 the Government of Palau), according to their respective

25 need, as determined by the Secretary.
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1 ‘‘(B)(i) The Secretary is authorized to transfer one

2 percent of the amount appropriated for each fiscal year

3 under section 726 to the Department of the Interior for pro4 grams for Indian students served by schools funded by the

5 Secretary of the Interior, as determined under the Indian

6 Self-Determination and Education Assistance Act, that are

7 consistent with the purposes of this Act.

8 ‘‘(ii) The Secretary and the Secretary of the Interior

9 shall enter into an agreement, consistent with the require10 ments of this part, for the distribution and use of these

11 funds under terms that the Secretary determines best meet

12 the purposes of the covered programs. Such agreement shall

13 set forth the plans of the Secretary of the Interior for the

14 use of the amounts transferred, including appropriate goals,

15 objectives, and milestones.

16 ‘‘(3) As used in this subsection, the term ‘State’ shall

17 not include the Virgin Islands, Guam, American Samoa,

18 the Commonwealth of the Northern Mariana Islands, or

19 Palau.

20 ‘‘(d) ACTIVITIES.—Grants under this section shall be

21 used—

22 ‘‘(1) to carry out the policies set forth in section

23 721 in the State;

24 ‘‘(2) to provide activities for, and services to,

25 homeless children, including preschool-aged children,
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1 and homeless youth that enable such children and

2 youth to enroll in, attend, and succeed in school, or,

3 if appropriate, in preschool programs;

4 ‘‘(3) to establish or designate an Office of Coordi5 nator of Education of Homeless Children and Youth

6 in the State educational agency in accordance with

7 subsection (f);

8 ‘‘(4) to prepare and carry out the State plan de9 scribed in subsection (g); and

10 ‘‘(5) to develop and implement professional de11 velopment programs for school personnel to heighten

12 their awareness of, and capacity to respond to, spe13 cific problems in the education of homeless children

14 and youth.

15 ‘‘(e) STATE AND LOCAL GRANTS.—(1)(A) Subject to

16 subparagraph (B), if the amount allotted to the State edu17 cational agency for any fiscal year under this subtitle ex18 ceeds the amount such agency received for fiscal year 1990

19 under this subtitle, such agency shall provide grants to local

20 educational agencies for purposes of section 723.

21 ‘‘(B) The State educational agency may reserve not

22 more than the greater of five percent of the amount it re23 ceives under this subtitle for any fiscal year, or the amount

24 such agency received under this subtitle for fiscal year 1990,
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1 to conduct activities under subsection (f) directly or through

2 grants or contracts.

3 ‘‘(2) If the amount allotted to a State educational

4 agency for any fiscal year under this subtitle is less than

5 the amount such agency received for fiscal year 1990 under

6 this subtitle, such agency, at its discretion, may provide

7 such grants or may conduct activities under subsection (f)

8 directly or through grants or contracts.

9 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—

10 The Coordinator of Education of Homeless Children and

11 Youth established in each State shall—

12 ‘‘(1) estimate the number of homeless children

13 and youth in the State and the number of such chil14 dren and youth served with assistance provided under

15 the grants under this subtitle;

16 ‘‘(2) gather, to the extent possible, reliable, valid,

17 and comprehensive information on the nature and ex18 tent of the problems homeless children and youth have

19 in gaining access to public preschool programs and to

20 public elementary and secondary schools, the difficul21 ties in identifying the special needs of such children

22 and youth, any progress made by the State edu23 cational agency and local educational agencies in the

24 State in addressing such problems and difficulties,

25 and the success of the program under this subtitle in
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1 allowing homeless children and youth to enroll in, at2 tend, and succeed in school;

3 ‘‘(3) develop and carry out the State plan de4 scribed in subsection (g);

5 ‘‘(4) prepare and submit to the Secretary not

6 later than October 1, 1997, and on October 1 of every

7 third year thereafter, a report on the information

8 gathered pursuant to paragraphs (1) and (2) and

9 such additional information as the Secretary may re10 quire to carry out responsibilities under this subtitle;

11 ‘‘(5) facilitate coordination between the State

12 educational agency, the State social services agency,

13 and other agencies providing services to homeless chil14 dren and youth and their families, including children

15 who are preschool age; and

16 ‘‘(6) develop relationships and coordinate with

17 other relevant education, child development, or pre18 school programs and providers of services to homeless

19 children, homeless families, and runaway and home20 less youth (including domestic violence agencies, shel21 ter operators, transitional housing facilities, runaway

22 and homeless youth centers, and transitional living

23 programs for homeless youth), to improve the provi24 sion of comprehensive services to homeless children

25 and youth and their families.
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1 ‘‘(g) STATE PLAN.—(1) Each State shall submit to the

2 Secretary a plan to provide for the education of homeless

3 children and youth within the State, which plan shall de4 scribe how such children and youth are or will be given

5 the opportunity to meet the same challenging State perform6 ance standards all students are expected to meet, shall de7 scribe the procedures the State educational agency will use

8 to identify such children and youth in the State and to

9 assess their special needs, and shall—

10 ‘‘(A) describe procedures for the prompt resolu11 tion of disputes regarding the educational placement

12 of homeless children and youth;

13 ‘‘(B) describe programs for school personnel (in14 cluding principals, attendance officers, teachers and

15 enrollment personnel), to heighten the awareness of

16 such personnel of the specific needs of runaway and

17 homeless youth;

18 ‘‘(C) describe procedures that ensure that home19 less children and youth who meet the relevant eligi20 bility criteria are able to participate in Federal,

21 State, or local food programs;

22 ‘‘(D) describe procedures that ensure that—

23 ‘‘(i) homeless children have equal access to

24 the same public preschool programs, adminis-
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1 tered by the State agency, as provided to other

2 children; and

3 ‘‘(ii) homeless children and youth who meet

4 the relevant eligibility criteria are able to par5 ticipate in Federal, State, or local before- and

6 after-school care programs;

7 ‘‘(E) address problems set forth in the report

8 provided to the Secretary under subsection (f)(4);

9 ‘‘(F) address other problems with respect to the

10 education of homeless children and youth, including

11 problems caused by—

12 ‘‘(i) transportation issues; and

13 ‘‘(ii) enrollment delays that are caused by—

14 ‘‘(I) immunization requirements;

15 ‘‘(II) residency requirements;

16 ‘‘(III) lack of birth certificates, school

17 records, or other documentation; or

18 ‘‘(IV) guardianship issues;

19 ‘‘(G) demonstrate that the State and local edu20 cational agencies in the State have developed, and

21 will review and revise, policies to remove barriers to

22 the enrollment and retention of homeless children and

23 youth in schools in the State; and

24 ‘‘(H) contain an assurance that the State edu25 cational agency and local educational agencies in the
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1 State will adopt policies and practices to ensure that

2 homeless children and youth are not isolated or stig3 matized.

4 ‘‘(2) Each plan adopted under this subsection shall

5 also show how the State will ensure that local educational

6 agencies in the State will comply with the requirements of

7 paragraphs (3) through (9).

8 ‘‘(3)(A) The local educational agency that serves each

9 homeless child and youth shall, according to the child’s or

10 youth’s best interest, either—

11 ‘‘(i) continue the child’s or youth’s education in

12 the school of origin—

13 ‘‘(I) for the remainder of the academic year;

14 or

15 ‘‘(II) in any case in which a family be16 comes homeless between academic years, for the

17 following academic year; or

18 ‘‘(ii) enroll the child or youth in any public

19 school that nonhomeless students who live in the at20 tendance area in which the child or youth is actually

21 living are eligible to attend.

22 ‘‘(B) In determining the best interests of the child or

23 youth under subparagraph (A), the local educational agency

24 shall comply, to the extent possible, with the request made

25 by a parent or guardian regarding school selection.
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1 ‘‘(C) For purposes of this paragraph, the term ‘school

2 of origin’ means the school that the child or youth attended

3 when permanently housed, or the school in which the child

4 or youth was last enrolled.

5 ‘‘(D) The choice regarding placement shall be made re6 gardless of whether the child or youth lives with the homeless

7 parents or has been temporarily placed elsewhere by the

8 parents.

9 ‘‘(4) Each homeless child or youth shall be provided

10 services comparable to services offered to other students in

11 the school selected according to the provisions of paragraph

12 (3), including—

13 ‘‘(A) transportation services;

14 ‘‘(B) educational services for which the child or

15 youth meets the eligibility criteria, such as services

16 provided under title I of the Elementary and Second17 ary Education Act of 1965 or similar State or local

18 programs, educational programs for children with

19 disabilities, and educational programs for students

20 with limited-English proficiency;

21 ‘‘(C) programs in vocational education;

22 ‘‘(D) programs for gifted and talented students;

23 and

24 ‘‘(E) school meals programs.
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1 ‘‘(5) Any record ordinarily kept by the school, includ2 ing immunization records, academic records, birth certifi3 cates, guardianship records, and evaluations for special

4 services or programs, of each homeless child or youth shall

5 be maintained—

6 ‘‘(A) so that the records are available, in a time7 ly fashion, when a child or youth enters a new school

8 district; and

9 ‘‘(B) in a manner consistent with section 438 of

10 the General Education Provisions Act.

11 ‘‘(6) Each local educational agency serving homeless

12 children and youth that receives assistance under this sub13 title shall coordinate with local social services agencies and

14 other agencies or programs providing services to such chil15 dren or youth and their families, including services and

16 programs funded under the Runaway and Homeless Youth

17 Act.

18 ‘‘(7)(A) Each local educational agency in a State that

19 receives a grant under this subtitle shall designate a home20 lessness liaison to ensure that—

21 ‘‘(i) homeless children and youth enroll and suc22 ceed in the schools of such agency; and

23 ‘‘(ii) homeless families, children, and youth re24 ceive educational services for which they are eligible,

25 including preschool programs administered by the
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1 local educational agency, and referrals to health care

2 services, dental services, mental health services, and

3 other appropriate services.

4 ‘‘(B) State coordinators and local educational agencies

5 shall inform school personnel, service providers, and advo6 cates working with homeless families of the duties of the

7 liaisons.

8 ‘‘(8) Each State and local educational agency shall re9 view and revise any policies that may act as barriers to

10 the enrollment of homeless children and youth in schools

11 selected in accordance with paragraph (3). In reviewing

12 and revising such policies, consideration shall be given to

13 issues concerning transportation, immunization, residency,

14 birth certificates, school records, and other documentation,

15 and guardianship. Special attention shall be given to ensur16 ing the enrollment and attendance of homeless children and

17 youth who are not currently attending school.

18 ‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE

19 EDUCATION OF HOMELESS CHILDREN AND

20 YOUTH.

21 ‘‘(a) GENERAL AUTHORITY.—(1) The State edu22 cational agency shall, in accordance with section 722(e)

23 and with amounts made available to such agency under sec24 tion 726, make grants to local educational agencies for the
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1 purpose of facilitating the enrollment, attendance, and suc2 cess in school of homeless children and youth.

3 ‘‘(2) Unless otherwise specified, services under para4 graph (1) may be provided through programs on school

5 grounds or at other facilities. Where services are provided

6 through programs to homeless students on school grounds,

7 schools may provide services to other children and youth

8 who are determined by the local educational agency to be

9 at risk of failing in, or dropping out of, schools, on an inci10 dental basis. To the maximum extent practicable, services

11 shall be provided through existing programs and mecha12 nisms that integrate homeless individuals with nonhomeless

13 individuals.

14 ‘‘(3) Services provided under this section are not in15 tended to replace the regular academic program and shall

16 be designed to expand upon or improve services provided

17 as part of the school’s regular academic program.

18 ‘‘(b) APPLICATION.—A local educational agency that

19 desires to receive a grant under this section shall submit

20 an application to the State educational agency at such

21 time, in such manner, and containing or accompanied by

22 such information as the State educational agency may rea23 sonably require according to guidelines issued by the Sec24 retary. Each such application shall include—
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1 ‘‘(1) a description of the services and programs

2 for which assistance is sought and the problems to be

3 addressed through the provision of such services and

4 programs;

5 ‘‘(2) an assurance that the local educational

6 agency’s combined fiscal effort per student or the ag7 gregate expenditures of that agency and the State

8 with respect to the provision of free public education

9 by such agency for the preceding fiscal year was not

10 less than 90 percent of such combined fiscal effort or

11 aggregate expenditures for the second preceding fiscal

12 year;

13 ‘‘(3) an assurance that the applicant complies

14 with, or will use requested funds to come into compli15 ance with, paragraphs (3) through (9) of section

16 722(g); and

17 ‘‘(4) a description of policies and procedures that

18 the agency will implement to ensure that activities

19 carried out by the agency will not isolate or stig20 matize homeless children and youth.

21 ‘‘(c) AWARDS.—(1) The State educational agency

22 shall, in accordance with section 722(g) and with amounts

23 made available to such agency under section 726, award

24 grants under this section to local educational agencies sub-
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1 mitting an application under subsection (b) on the basis

2 of the need of such agencies.

3 ‘‘(2) In determining need under paragraph (1), the

4 State educational agency may consider the number of home5 less children and youth enrolled in preschool, elementary,

6 and secondary schools within the area served by the agency,

7 and shall consider the needs of such children and youth and

8 the ability of the agency to meet such needs. Such agency

9 may also consider—

10 ‘‘(A) the extent to which the proposed use of

11 funds would facilitate the enrollment, retention, and

12 educational success of homeless children and youth;

13 ‘‘(B) the extent to which the application reflects

14 coordination with other local and State agencies that

15 serve homeless children and youth, as well as the

16 State plan required by section 722(g);

17 ‘‘(C) the extent to which the applicant exhibits in

18 the application and in current practice a commit19 ment to education for all homeless children and

20 youth; and

21 ‘‘(D) such other criteria as the agency determines

22 appropriate.

23 ‘‘(3) Grants awarded under this section shall be for

24 terms not to exceed three years.
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1 ‘‘(d) AUTHORIZED ACTIVITIES.—(1) A local edu2 cational agency may use funds awarded under this section

3 for activities to carry out the purpose of this subtitle, in4 cluding—

5 ‘‘(A) the provision of tutoring and accelerated

6 instruction and enriched educational services that are

7 linked to the achievement of the same challenging

8 standards the State establishes for other children or

9 youth;

10 ‘‘(B) the provision of expedited evaluations of the

11 strengths and needs of homeless children and youth,

12 including needs and eligibility for programs and serv13 ices (such as educational programs for gifted and tal14 ented students, children with disabilities, and stu15 dents with limited-English proficiency, services pro16 vided under title I of the Elementary and Secondary

17 Education Act of 1965 or similar State or local pro18 grams, programs in vocational education, and school

19 meals programs);

20 ‘‘(C) professional development and other activi21 ties for educators and other school personnel that is

22 designed to heighten the understanding and sensitiv23 ity of such personnel to the needs of homeless children

24 and youth, the rights of such children and youth
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1 under this Act, and the specific educational needs of

2 runaway and homeless youth;

3 ‘‘(D) the provision of referral services to homeless

4 children and youth for medical, dental, mental, and

5 other health services;

6 ‘‘(E) the provision of assistance to defray the ex7 cess cost of transportation for students pursuant to

8 sections 722(g)(4) or 722(g)(9), not otherwise pro9 vided through Federal, State, or local funding, where

10 necessary to enable students to attend the school se11 lected under section 722(g)(3);

12 ‘‘(F) the provision of developmentally appro13 priate early childhood education programs, not other14 wise provided through Federal, State, or local fund15 ing, for preschool-aged children;

16 ‘‘(G) the provision of before- and after-school,

17 mentoring, and summer programs for homeless chil18 dren and youth in which a teacher or other qualified

19 individual provides tutoring, homework assistance,

20 and supervision of educational activities;

21 ‘‘(H) where necessary, the payment of fees and

22 other costs associated with tracking, obtaining, and

23 transferring records necessary to enroll homeless chil24 dren and youth in school, including birth certificates,

25 immunization records, academic records, guardian-
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1 ship records, and evaluations for special programs or

2 services;

3 ‘‘(I) the provision of education and training to

4 the parents of homeless children and youth about the

5 rights of, and resources available to, such children

6 and youth;

7 ‘‘(J) the development of coordination between

8 schools and agencies providing services to homeless

9 children and youth, including programs funded under

10 the Runaway and Homeless Youth Act;

11 ‘‘(K) the provision of counseling (including vio12 lence prevention counseling), social work, and psycho13 logical services, and referrals for such services;

14 ‘‘(L) activities to address the particular needs of

15 homeless children and youth that may arise from do16 mestic violence;

17 ‘‘(M) the adaptation of space and purchase of

18 supplies for nonschool facilities made available under

19 subsection (a)(2) to provide services under this sub20 section;

21 ‘‘(N) the provision of school supplies; and

22 ‘‘(O) the provision of other extraordinary or

23 emergency assistance needed to enable homeless chil24 dren and youth to attend school.
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1 ‘‘SEC. 724. SECRETARIAL RESPONSIBILITIES.

2 ‘‘(a) REVIEW OF PLANS.—In reviewing the State plans

3 submitted by the State educational agencies under section

4 722(g), the Secretary shall use a peer review process and

5 shall evaluate whether State laws, policies, and practices

6 described in such plans adequately address the problems of

7 homeless children and youth relating to access to education

8 and placement as described in such plans.

9 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall

10 provide support and technical assistance to the State edu11 cational agencies to assist such agencies to carry out their

12 responsibilities under this subtitle.

13 ‘‘(c) EVALUATION AND DISSEMINATION.—The Sec14 retary shall conduct evaluation and dissemination activi15 ties of programs designed to meet the educational needs of

16 homeless elementary and secondary school students, and

17 may use funds appropriated under section 726 to conduct

18 such activities.

19 ‘‘(d) SUBMISSION AND DISTRIBUTION.—The Secretary

20 shall require applications for grants under this subtitle to

21 be submitted to the Secretary not later than the expiration

22 of the 60-day period beginning on the date that funds are

23 available for purposes of making such grants and shall

24 make such grants not later than the expiration of the 120-

25 day period beginning on such date.
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1 ‘‘(e) DETERMINATION BY SECRETARY.—The Secretary,

2 based on the information received from the States and infor3 mation gathered by the Secretary under subsection (d), shall

4 determine the extent to which State educational agencies are

5 ensuring that each homeless child and homeless youth has

6 access to a free appropriate public education as described

7 in section 721(1).

8 ‘‘(f) REPORTS.—The Secretary shall prepare and sub9 mit a report to the Committee on Education and Labor

10 of the House of Representatives and the Committee on

11 Labor and Human Resources of the Senate on the programs

12 and activities authorized by this subtitle by December 31,

13 1997, and every third year thereafter.

14 ‘‘SEC. 725. DEFINITIONS.

15 ‘‘For the purpose of this subtitle, unless otherwise stat16 ed—

17 ‘‘(1) the term ‘Secretary’ means the Secretary of

18 Education; and

19 ‘‘(2) the term ‘State’ means each of the 50 States,

20 the District of Columbia, and the Commonwealth of

21 Puerto Rico.

22 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘For the purpose of carrying out this subtitle, there

24 are authorized to be appropriate $30,000,000 for fiscal year
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1 1995 and such sums as may be necessary for each of the

2 fiscal years 1996, 1997, 1998, and 1999.’’.

3 PART C—IMPACT AID STATUTES

4 SEC. 331. AMENDMENTS TO PUBLIC LAW 815.

5 (a) SECTION 2.—Section 2 of the Act of September 23,

6 1950 (Public Law 815, 81st Congress; 20 U.S.C. 632) is

7 amended to read as follows:

8 ‘‘SEC. 2. PORTION OF APPROPRIATIONS AVAILABLE FOR

9 PAYMENTS.

10 ‘‘For each fiscal year the Secretary shall distribute the

11 funds appropriated in accordance with section 1 which

12 shall be available for carrying out the provisions of sections

13 5, 9, 10, and 14. The funds provided under section 1 for

14 the schools serving military dependents and Indian lands

15 shall be divided equally between section 5 and section 14

16 of this Act. Funds provided under section 5 of this Act shall

17 be divided equally between the priority categories of section

18 1(a)(1) and 1(a)(2) of this Act.’’.

19 (b) SECTION 3.—Section 3 of such Act (20 U.S.C. 633)

20 is amended to read as follows:

21 ‘‘SEC. 3. ESTABLISHMENT OF PRIORITIES.

22 ‘‘Applications for construction or modification projects

23 provided for under this Act must be filed by June 30 of

24 the fiscal year prior to the year in which funds are first

25 requested. The Secretary shall use the following order of pri-
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1 ority in approving applications under section 5 and funded

2 in accordance with section 1(a)(1) and section 1(a)(2) of

3 this Act. The priority of payment of application under sec4 tion 1(a)(1) shall be based on the highest percentage of num5 ber of children in need of minimum school facilities. The

6 priority of payment of applications under section 1(a)(2)

7 shall be based on the highest percentage of federally con8 nected students eligible for payment. The Secretary shall use

9 the priorities stated in this section in approving applica10 tions in the event the funds appropriated under section 1

11 of this title and remaining available on any such date for

12 payment to local educational agencies are less than the Fed13 eral share of the cost of the projects with respect to which

14 applications have been filed prior to such date (and for

15 which funds under section 1 have not already been obli16 gated). Only applications meeting the conditions for ap17 proval under this Act (other than section 6(b)(2)(C)) shall

18 be considered applications for purposes of the preceding sen19 tence. Such order of priority shall provide that applications

20 payments based upon increases in the number of children

21 residing on, or residing with a parent employed on prop22 erty which is party of a low-rent housing project assisted

23 under the United States Housing Act of 1937 shall not be

24 approved for any fiscal year until all other applications
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1 under paragraph (2) of subsection (a) of section 5 have been

2 approved for the fiscal year.’’.

3 (c) SECTION 5.—Section 5 of such Act (20 U.S.C. 635)

4 is amended to read as follows:

5 ‘‘SEC. 5. LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL

6 EDUCATIONAL AGENCY.

7 ‘‘(a) Subject to the limitations in subsection (c) the

8 total of the payments to a local educational agency under

9 this Act may not exceed the sum of—

10 ‘‘(1) the estimated increase, since the base year,

11 in the number of children determined with respect to

12 such agency who live on Federal property and have

13 a parent who works on Federal property multiplied

14 by 100 percent of the average per pupil cost of con15 structing minimum school facilities in the State in

16 which the school district of such agency is situated;

17 and

18 ‘‘(2) the estimated increase, since the base year,

19 in the number of children determined with respect to

20 such agency who have a parent who lives on or works

21 on Federal property multiplied by 50 percent of such

22 cost;

23 ‘‘(3) In computing for any local educational

24 agency the number of children in an increase under

25 paragraph (1) or (2), the estimated number of chil-
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1 dren described in such paragraph who will be in the

2 membership of the schools of such agency at the close

3 of the increase period shall be compared with the esti4 mated number of such children in average daily mem5 bership of the schools of such agency during the base

6 year. However, the base year average daily member7 ship shall be adjusted to exclude the number of chil8 dren that formed the basis for previous payments on

9 applications approved 30 or more years prior to the

10 close of the increased period for the current applica11 tion.

12 ‘‘(b) If two of the paragraphs of subsection (a) apply

13 to a child, the local educational agency shall elect which

14 of such paragraphs shall apply to such child, except that,

15 notwithstanding the election of a local educational agency

16 to have paragraph (2) apply to a child instead of para17 graph (1), the determination of the maximum amount for

18 such agency under subsection (a) shall be made without re19 gard to such election.

20 ‘‘(c) A local educational agency shall not be eligible

21 to have any amount included in its maximum by reason

22 of paragraphs (1), (2), and (3) of subsection (a) unless the

23 increase in children referred to in such paragraph is at

24 least 20, and in the case of paragraphs (1), (2), and (3)

25 of subsection (a), is—
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1 ‘‘(1) equal to at least 6 percent of the number of

2 federally connected children who were in the average

3 daily membership of the schools of such agency during

4 the base year, or

5 ‘‘(2) at least 750,

6 whichever is the lesser.

7 ‘‘(d) Notwithstanding the provisions of subsection (c)

8 of this section, whenever and to the extent that, in his judg9 ment, exceptional circumstances exist which make such ac10 tion necessary to avoid inequity and avoid defeating the

11 purposes of the Act, the Secretary may waive or reduce the

12 minimum number requirement or any percentage require13 ment or requirements in subsection (c).

14 ‘‘(e) In determining under this section the total of the

15 payments which may be made to a local educational agency

16 on the basis of any application, the total number of children

17 counted for purposes of paragraph (1) or (2), as the case

18 may be, of subsection (a) may not exceed—

19 ‘‘(1) the number of children whose membership

20 at the close of the increase period for the application

21 is compared with average daily membership in the

22 base period for purposes of that paragraph, provided

23 that the base year average daily membership does not

24 include any children which formed the basis of pay-
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1 ment in the applications approved 30 or more years

2 ago, minus

3 ‘‘(2) the number of such children whose member4 ship at the close of the increase period was compared

5 with membership in the base year for purposes of such

6 paragraph under the last previous application, pro7 vided the application was funded within the last 4

8 years, if any, of the agency on the basis of which any

9 payments have been or may be made to that agency.’’.

10 (d) SECTION 6.—Section 6 of such Act (20 U.S.C. 636)

11 is amended by adding at the end the following new sub12 section:

13 ‘‘(d) If the application has not been funded within the

14 3-year period, the local educational agency must recertify

15 their need to have the application remain active.’’.

16 SEC. 332. REPEAL OF PUBLIC LAW 874.

17 The Act of September 30, 1950 (Public Law 874, 81st

18 Congress; 20 U.S.C. 236 et seq.) is hereby repealed.

19 PART D—AMENDMENTS TO ADULT

20 EDUCATION ACT

21 SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.

22 (a) Section 342(c)(11) of the Adult Education Act is

23 amended by inserting ‘‘Even Start,’’ after ‘‘1963,’’.

24 (b) Section 384(n) is amended by striking ‘‘and 1995’’

25 and inserting ‘‘1995, and 1996’’.
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1 PART E—AMENDMENTS TO EDUCATION

2 COUNCIL ACT OF 1991

3 SEC. 341. FINDINGS.

4 Section 201 of the Education Council Act of 1991

5 (hereafter in this Act referred to as the ‘‘Act’’) is amended—

6 (1) by amending paragraph (2) to read as fol7 lows:

8 ‘‘(2) the writing problem has been magnified by

9 the rapidly changing student populations in the Na10 tion’s schools and the growing number of students

11 who are at risk because of limited-English pro12 ficiency;’’;

13 (2) in paragraph (6)—

14 (A) by inserting ‘‘writing and reading are

15 both fundamental to learning, yet writing has

16 been historically neglected in the schools and col17 leges, and’’ before ‘‘most’’; and

18 (B) by striking the comma before ‘‘have’’;

19 (3) by amending paragraph (10) to read as fol20 lows:

21 ‘‘(10) the National Writing Project has become a

22 model for programs to improve teaching in such other

23 fields as mathematics, science, history, literature, per24 forming arts, and foreign languages;’’;
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1 (4) by amending paragraph (15) to read as fol2 lows:

3 ‘‘(15) each year over 100,000 teachers volun4 tarily seek training in National Writing Project in5 tensive summer institutes and workshops and school6 year in-service programs through one of the 154 re7 gional sites located in 45 States, the Commonwealth

8 of Puerto Rico, and in 4 sites that serve United

9 States teachers teaching in United States dependent

10 and independent schools;’’;

11 (5) by striking paragraph (17);

12 (6) by redesignating paragraph (18) as para13 graph (17);

14 (7) in paragraph (17) (as redesignated in para15 graph (6)), by striking the period at the end thereof

16 and inserting a semicolon; and

17 (8) by adding at the end the following new para18 graphs:

19 ‘‘(18) independent evaluation studies have found

20 the National Writing Project to be highly cost effective

21 compared to other professional development programs

22 for teachers; and

23 ‘‘(19) during 1991, the first year of Federal sup24 port for the National Writing Project, the National

25 Writing Project matched the $1,951,975 in Federal
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1 support with $9,485,504 in matching funds from

2 State, local, and other sources.’’.

3 SEC. 342. NATIONAL WRITING PROJECT.

4 Section 202 of the Act is amended—

5 (1) in subsection (d)—

6 (A) in paragraph (3)—

7 (i) by striking the subparagraph des8 ignation ‘‘(A)’’; and

9 (ii) by striking subparagraph (B); and

10 (B) by striking paragraph (4);

11 (2) in subsection (e)—

12 (A) in the matter preceding subparagraph

13 (A) of paragraph (1), by striking ‘‘to enable’’

14 and inserting ‘‘to pay the Federal share of the

15 cost of enabling’’; and

16 (B) by adding at the end the following new

17 paragraph:

18 ‘‘(4) FEDERAL SHARE.—For the purpose of this

19 subsection the term ‘Federal share’ means, with re20 spect to the costs of activities assisted under this sub21 section, 50 percent of such costs to the elementary or

22 secondary school teacher.’’;

23 (3) by amending subsection (g) to read as fol24 lows:

25 ‘‘(g) EVALUATION.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall conduct

2 an independent evaluation of the teacher training

3 programs assisted under this section. Such evaluation

4 shall specify the amount of funds expended by the Na5 tional Writing Project and each contractor receiving

6 assistance under this section. The results of such eval7 uation shall be made available to the appropriate

8 committees of the Congress.

9 ‘‘(2) FUNDING LIMITATION.—The Secretary shall

10 reserve not more than $150,000 from the total amount

11 appropriated pursuant to the authority of subsection

12 (i) for fiscal year 1994 and the 4 succeeding fiscal

13 years to conduct the evaluation described in para14 graph (1).’’;

15 (4) by amending subsection (h) to read as fol16 lows:

17 ‘‘(h) RESEARCH AND DEVELOPMENT ACTIVITIES.—

18 ‘‘(1) GRANTS AUTHORIZED.—From amounts ap19 propriated pursuant to the authority of subsection

20 (i)(2), the National Writing Project shall make grants

21 to individuals and institutions of higher education

22 that either have participated in a National Writing

23 Project institute or are institutions designated as Na24 tional Writing Project sites, to enable such individ-
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1 uals and institutions to conduct research activities in2 volving the teaching of writing.

3 ‘‘(2) APPLICATION REVIEW.—The National Writ4 ing Project shall establish and operate a National Re5 view Board that shall consist of—

6 ‘‘(A) leaders in the field of research in writ7 ing; and

8 ‘‘(B) such other individuals as the National

9 Writing Project deems necessary.

10 ‘‘(3) DUTIES.—The National Review Board

11 shall—

12 ‘‘(A) review all applications for assistance

13 under this subsection; and

14 ‘‘(B) recommended applications for assist15 ance under this subsection for funding by the

16 National Writing Project.

17 ‘‘(4) JUNIOR RESEARCHER PRIORITY AND FUND18 ING RULE.—(A) In awarding grants pursuant to

19 paragraph (1), the National Writing Project shall

20 give priority to awarding such grants to junior re21 searchers.

22 ‘‘(B) The National Writing Project shall award

23 not less than 25 percent of the funds received pursu24 ant to subsection (i)(2) to junior researchers.
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1 ‘‘(5) AVAILABILITY OF FINDINGS.—The National

2 Writing Project shall make available to the Secretary

3 and to the network of National Writing Project sites

4 the findings of the research conducted pursuant to the

5 authority of paragraph (1).’’; and

6 (5) in subsection (i)—

7 (A) in paragraph (1)—

8 (i) by striking ‘‘1991’’ and inserting

9 ‘‘1994’’; and

10 (ii) by striking ‘‘fiscal years 1992 and

11 1993’’ and inserting ‘‘each of the 4 succeed12 ing fiscal years’’; and

13 (B) by amending paragraph (2) to read as

14 follows:

15 ‘‘(2) RESEARCH AND DEVELOPMENT.—In each

16 fiscal year in which the amount appropriated pursu17 ant to the authority of paragraph (1) equals or ex18 ceeds $10,000,000, there are authorized to be appro19 priated $500,000 to carry out the provisions of sub20 section (h).’’.

21 TITLE IV—NATIONAL

22 EDUCATION STATISTICS

23 SEC. 401. SHORT TITLE.

24 This title may be cited as the ‘‘National Education

25 Statistics Act of 1994’’.
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1 SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.

2 (a) FINDINGS.—The Congress finds that—

3 (1) a Department of Education was established

4 in 1867 ‘‘for the purpose of collecting such statistics

5 and facts as shall show the condition and progress of

6 education in the several States and territories, and of

7 diffusing such information respecting the organiza8 tion and management of schools and school systems

9 and methods of teaching as shall aid the people of the

10 United States in the establishment and maintenance

11 of efficient school systems, and otherwise promote the

12 cause of education throughout the country’’;

13 (2) today, while the role of the current Depart14 ment of Education is much broader, the National

15 Center for Education Statistics within the Depart16 ment’s Office of Educational Research and Improve17 ment continues to perform those crucial original pur18 poses; and

19 (3) looking to the 21st century, the National

20 Center for Education Statistics must be able to design

21 and undertake, effectively and efficiently, statistical

22 activities that will aid in reform of the Nation’s edu23 cational systems.

24 (b) PURPOSE.—It is the purpose of this title to ensure

25 the continuation of an effective mechanism for collecting

26 and reporting statistics and information showing the condi-
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1 tion and progress of education in the United States and

2 other nations in order to promote and accelerate the im3 provement of American education.

4 (c) DEFINITIONS.—For the purpose of this title, the

5 term—

6 (1) ‘‘Assistant Secretary’’ means the Assistant

7 Secretary for Educational Research and Improve8 ment, provided for under section 202(b)(1)(E) of the

9 Department of Education Organization Act;

10 (2) ‘‘Department’’ means the Department of

11 Education;

12 (3) ‘‘institution of higher education’’ has the

13 same meaning given such term in section 1201 of the

14 Higher Education Act of 1965;

15 (4) ‘‘local educational agency’’ has the same

16 meaning given such term in section 9101(13) of the

17 Elementary and Secondary Education Act of 1965;

18 (5) ‘‘Secretary’’ means the Secretary of Edu19 cation;

20 (6) ‘‘State educational agency’’ has the same

21 meaning given such term in section 9101(20) of the

22 Elementary and Secondary Education Act of 1965;

23 and

24 (7) ‘‘United States’’ and ‘‘State’’ mean—
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1 (A) other than for the purpose of section

2 411, each of the 50 States, the District of Colum3 bia, and the Commonwealth of Puerto Rico; and

4 (B) for the purpose of section 411, mean the

5 same as in subparagraph (A) and include

6 Guam, American Samoa, the Virgin Islands, the

7 Commonwealth of the Northern Mariana Islands,

8 and the Republic of Palau (until the effective

9 date of the Compact of Free Association with the

10 Government of Palau).

11 SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.

12 (a) ESTABLISHMENT.—There is established, within the

13 Office of Educational Research and Improvement estab14 lished under section 209 of the Department of Education

15 Organization Act, a National Center for Education Statis16 tics (the ‘‘Center’’).

17 (b) COMMISSIONER AND ASSOCIATE COMMIS18 SIONERS.—(1) The Center shall be headed by a Commis19 sioner of Education Statistics (the ‘‘Commissioner’’) who

20 shall be appointed by the President, by and with the advice

21 and consent of the Senate, and who shall—

22 (A) have substantial knowledge of programs en23 compassed by the Center;

24 (B) be paid in accordance with section 5315 of

25 title 5, United States Code; and
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1 (C) serve for a term of 4 years, with the terms

2 to expire every fourth June 21, beginning in 1995.

3 (2) The Commissioner may appoint such Associate

4 Commissioners as the Commissioner determines are nec5 essary and appropriate.

6 SEC. 404. DUTIES OF THE CENTER.

7 (a) DUTIES.—The duties of the Center are to collect,

8 analyze, and disseminate statistics and other information

9 related to education in the United States and in other na10 tions, including—

11 (1) collecting, acquiring, compiling (where ap12 propriate, on a State by State basis), and disseminat13 ing full and complete statistics on the condition and

14 progress of education, at the preschool, elementary,

15 secondary, and postsecondary levels in the United

16 States, including data on—

17 (A) State and local school reform activities;

18 (B) student achievement and other edu19 cational outcomes at all levels of education;

20 (C) out of school youth and adults;

21 (D) teachers, administrators, counselors,

22 and other educational personnel at all levels of

23 education;

24 (E) the learning and teaching environment;
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1 (F) financing and management of edu2 cation; and

3 (G) the socioeconomic status of children;

4 (2) conducting and publishing reports and anal5 yses of the meaning and significance of such statis6 tics;

7 (3) conducting longitudinal studies, as well as

8 regular and special surveys and data collections, nec9 essary to report on the condition and progress of edu10 cation;

11 (4) collecting, analyzing, cross-tabulating, and

12 reporting, to the extent feasible, so as to provide infor13 mation by gender, race, socioeconomic status, limited14 English proficiency, and other population characteris15 tics when such disaggregated information would fa16 cilitate educational and policy decisionmaking;

17 (5) assisting public and private educational

18 agencies, organizations, and institutions in improv19 ing and automating statistical and data collection ac20 tivities; and

21 (6) acquiring and disseminating data on edu22 cational activities and student achievement in the

23 United States compared with foreign nations.

24 (b) TRAINING PROGRAM.—The Commissioner may es25 tablish a program to train employees of public and private
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1 educational agencies, organizations, and institutions in the

2 use of the Center’s standard statistical procedures and con3 cepts and may establish a fellows program to appoint such

4 employees as temporary fellows at the Center in order to

5 assist the Center in carrying out its duties.

6 SEC. 405. PERFORMANCE OF DUTIES.

7 (a) IN GENERAL.—In carrying out the duties under

8 this title, the Commissioner may enter into grants, con9 tracts, and cooperative agreements.

10 (b) GATHERING INFORMATION.—(1) The Commis11 sioner may use the statistical method known as sampling

12 to carry out the purpose of this title.

13 (2) The Commissioner may, as the Commissioner con14 siders appropriate, use information collected—

15 (A) from States, local educational agencies, pub16 lic and private schools, preschools, institutions of

17 higher education, libraries, administrators, teachers,

18 students, the general public, and such other individ19 uals, organizations, agencies, and institutions as the

20 Commissioner may consider appropriate; and

21 (B) by other offices within the Department and

22 by other Federal departments, agencies, and instru23 mentalities.

24 (3) The Commissioner may—
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1 (A) enter into interagency agreements for the col2 lection of statistics;

3 (B) arrange with an agency, organization, or in4 stitution for the collection of statistics; and

5 (C) assign employees of the Center to any such

6 agency, organization, or institution to assist in such

7 collection.

8 (4) In order to maximize the effectiveness of Federal

9 efforts to serve the educational needs of children and youth,

10 the Commissioner shall—

11 (A) provide technical assistance to Department

12 offices that gather data for statistical purposes; and

13 (B) coordinate closely with other Department of14 fices in the collection of data.

15 SEC. 406. REPORTS.

16 (a) REPORT ON THE CONDITION AND PROGRESS OF

17 EDUCATION.—The Commissioner shall, no later than June

18 1 of each year, submit to the President and the Congress

19 a statistical report regarding the condition and progress of

20 education in the United States.

21 (b) STATISTICAL REPORTS.—The Commissioner shall

22 issue regular statistical reports to the President and Con23 gress on such education topics as the Commissioner deter24 mines to be appropriate.
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1 (c) SPECIAL REPORTS.—The Commissioner may,

2 whenever the Commissioner considers it appropriate, issue

3 special reports on particular education topics.

4 SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.

5 (a) ESTABLISHMENT.—There is established, within the

6 Center, the Advisory Council on Education Statistics (re7 ferred to in this title as the ‘‘Council’’).

8 (b) MEMBERSHIP.—(1) The Council shall be composed

9 of—

10 (A) 18 voting members who are users of edu11 cation data and who are appointed by the Secretary

12 on the basis of their experience and eminence within

13 the field, of whom at least—

14 (i) 3 shall be practicing educators at the

15 preschool, elementary, or secondary level;

16 (ii) 3 shall be education policymakers;

17 (iii) 3 shall be professional statisticians;

18 (iv) 3 shall be education researchers; and

19 (v) 3 shall be experts in educational meas20 urement;

21 (B) 3 individuals representing the general pub22 lic, appointed by the Secretary;

23 (C) the Director of the Census and the Commis24 sioner of Labor Statistics, as voting, ex officio mem25 bers; and
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1 (D) the Assistant Secretary and the Commis2 sioner, as nonvoting, ex officio members.

3 (2) The Commissioner shall appoint the presiding offi4 cer of the Council from among the voting members.

5 (3) Members of the Council appointed under para6 graph (1)(A) shall be appointed for 3-year terms except

7 that, in the case of initial appointments, the Secretary shall

8 make appointments for shorter terms to the extent necessary

9 to avoid the expiration of the terms of more than 6 members

10 in the same calendar year.

11 (4)(A) The Council shall meet in public session at the

12 call of the presiding officer, except that it shall meet—

13 (i) at least 2 times during each calendar year;

14 and

15 (ii) in addition, whenever 10 voting members re16 quest in writing that the presiding officer call a meet17 ing.

18 (B) 11 voting members of the Council shall constitute

19 a quorum.

20 (5) The Council shall—

21 (A) review general policies for the operation of

22 the Center and shall advise the Commissioner on

23 standards to ensure that statistics and other informa24 tion disseminated by the Center are of high quality

25 and are not subject to partisan political influence;
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1 (B) advise the Commissioner on matters related

2 to the National Assessment of Education Progress, in3 cluding—

4 (i) the development of student performance

5 goals;

6 (ii) assessment design and development;

7 (iii) analysis, reporting, and dissemination

8 of data;

9 (iv) interstate, regional, and national com10 parisons of data; and

11 (v) recommendations for the improvement of

12 such Assessment.

13 (6) The Council shall appoint a staff to enable the

14 Council to carry out its duties.

15 SEC. 408. CONFIDENTIALITY.

16 (a) GENERAL.—(1)(A) The Center shall develop and

17 enforce standards designed to protect the confidentiality of

18 persons in the collection, reporting, and publication of data

19 under this section.

20 (B) This section shall not be construed to protect the

21 confidentiality of information about institutions, organiza22 tions, and agencies that receive grants from, or have con23 tracts or cooperative agreements with, the Federal Govern24 ment.

25 (2) No person may—
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1 (A) use any individually identifiable informa2 tion furnished under this title for any purpose other

3 than a statistical purpose;

4 (B) make any publication whereby the data fur5 nished by any particular person under this title can

6 be identified; or

7 (C) permit anyone other than the individuals

8 authorized by the Commissioner to examine the indi9 vidual reports.

10 (b) ADMINISTRATION.—(1)(A) No department, bureau,

11 agency, officer, or employee of the Government, except the

12 Commissioner in carrying out the purposes of this title,

13 shall require, for any reason, copies of reports that have

14 been filed under this title with the Center or retained by

15 any individual respondent.

16 (B) Copies of such reports that have been so filed or

17 retained with the Center or any of its employees, contrac18 tors, or agents shall be immune from legal process, and shall

19 not, without the consent of the individual concerned, be ad20 mitted as evidence or used for any purpose in any action,

21 suit, or other judicial or administrative proceeding.

22 (C) This paragraph shall apply only to individually

23 identifiable information (as defined in paragraph (5)(A)).

24 (2) Whoever, being or having been an employee or staff

25 member of the Department, having taken or subscribed the
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1 oath of office, or having sworn to observe the limitations

2 imposed by subsection (a)(2), knowingly publishes or com3 municates any individually identifiable information (as de4 fined in paragraph (5)(A)), the disclosure of which is pro5 hibited by subsection (a)(2), and that comes into such indi6 vidual’s possession by reason of employment (or otherwise

7 providing services) under this title, shall be found guilty

8 of a class E felony and imprisoned for not more than 5

9 years, or fined as specified in 18 U.S.C. 3571, or both.

10 (3) The Commissioner may utilize temporary staff, in11 cluding employees of Federal, State, or local agencies or in12 strumentalities including local educational agencies, and

13 employees of private organizations to assist the Center in

14 performing its responsibilities, but only if such temporary

15 staff are sworn to observe the limitations imposed by this

16 section.

17 (4) No collection of information or data acquisition

18 activity undertaken by the Center shall be subject to any

19 review, coordination, or approval procedure except as re20 quired by the Director of the Office of Management and

21 Budget under the rules and regulations established pursu22 ant to chapter 35 of title 44, United States Code, except

23 such collection of information or data acquisition activity

24 may be subject to review or coordination if the Commis-
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1 sioner determines that such review or coordination would

2 be beneficial.

3 (5) For the purposes of this section—

4 (A) the term ‘‘individually identifiable informa5 tion’’ means any record, response form, completed

6 survey, or aggregation thereof from which information

7 about individuals may be revealed; and

8 (B) the term ‘‘report’’ means a response provided

9 by or about an individual to an inquiry from the

10 Center and does not include a statistical aggregation

11 from which individually identifiable information can12 not be revealed.

13 (6) This paragraph shall not apply to—

14 (A) the survey required by section 1303(c) of the

15 Higher Education Amendments of 1986; or

16 (B) to any longitudinal study concerning access,

17 choice, persistence progress, or attainment in post18 secondary education.

19 (7) Any person who uses any data provided by the

20 Center, in conjunction with any other information or tech21 nique, to identify any individual student, teacher, adminis22 trator, or other individual and who knowingly discloses,

23 publishes, or uses for a purpose other than a statistical pur24 pose, or who otherwise violates subsection (a)(2)(A) or (B),

25 shall be found guilty of a class E felony and imprisoned
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1 for not more than 5 years, or fined as specified in section

2 3571 of title 18 of the United States Code, or both.

3 (8) Nothing in this section shall restrict the right of

4 the Secretary, the Comptroller General of the United States,

5 the Director of the Congressional Budget Office, and the Li6 brarian of Congress to gain access to any reports or other

7 records, including information identifying individuals, in

8 the Center’s possession, except that the same restrictions on

9 disclosure that apply to the Center under subsection (b)(1)

10 and (7) shall apply.

11 SEC. 409. DISSEMINATION.

12 (a) GENERAL REQUESTS.—(1) The Center may fur13 nish transcripts or copies of tables and other statistical

14 records and make special statistical compilations and sur15 veys for State and local officials, public and private organi16 zations, and individuals.

17 (2) The Center shall provide State and local edu18 cational agencies opportunities to suggest the development

19 of particular compilations of statistics, surveys, and analy20 ses that would assist such educational agencies.

21 (b) CONGRESSIONAL REQUESTS.—The Center shall

22 furnish such special statistical compilations and surveys as

23 the Congress may request.

24 (c) JOINT STATISTICAL PROJECTS.—The Secretary

25 may engage in joint statistical projects related to the pur-
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1 poses of this Act or other statistical purposes authorized by

2 law with nonprofit organizations or agencies, and the cost

3 of such projects shall be shared equitably as determined by

4 the Secretary.

5 (d) FEES.—(1) Statistical compilations and surveys

6 under this section, other than those carried out pursuant

7 to subsections (b) and (c), may be made subject to the pay8 ment of the actual or estimated cost of such work.

9 (2) All funds received in payment for work or services

10 described in this paragraph shall be deposited in a separate

11 account that may be used to pay directly the costs of such

12 work or services, to repay appropriations that initially bore

13 all or part of such costs, or to refund excess sums when

14 necessary.

15 (e) ACCESS.—(1) The Center shall cooperate with other

16 Federal agencies having a need for educational data in pro17 viding access to educational data received by the Center.

18 (2) The Center shall, in accordance with such terms

19 and conditions as the Secretary may prescribe, provide all

20 interested parties, including public and private agencies

21 and individuals, direct access to data collected by the Center

22 for the purposes of research and acquiring statistical infor23 mation.
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1 SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

2 The Commissioner shall establish 1 or more national

3 cooperative education statistics systems for the purpose of

4 producing and maintaining, with the cooperation of the

5 States, comparable and uniform information and data on

6 elementary and secondary education, postsecondary edu7 cation, and libraries that are useful for policymaking at

8 the Federal, State, and local levels. In carrying out this

9 section, the Commissioner may provide technical assistance

10 and make grants and enter into contracts and cooperative

11 agreements.

12 SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL

13 PROGRESS.

14 (a) ESTABLISHMENT.—The Commissioner shall, with

15 the advice of the Council established by section 407, carry

16 out, through grants, contracts, or cooperative agreements

17 with 1 or more qualified organizations, or consortia thereof,

18 a National Assessment of Educational Progress (the ‘‘Na19 tional Assessment’’).

20 (b) PURPOSE; CONTENTS.—(1) The purpose of the Na21 tional Assessment is to provide a fair and accurate presen22 tation of educational achievement in reading, writing, and

23 other subjects that are included in National Education Goal

24 Three.

25 (2) The Commissioner, in carrying out the National

26 Assessment, shall use sampling techniques that produce
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1 data that are representative on a national and regional

2 basis and on a State basis pursuant to paragraph (3). In

3 addition, the Commissioner shall—

4 (A) collect and report data on a periodic basis,

5 but at least once every 2 years, on students at ages

6 9, 13, and 17 and in grades 4, 8, and 12 in public

7 and private schools;

8 (B) report achievement data on a basis that en9 sures valid and reliable trend reporting;

10 (C) include information on special groups; and

11 (D) ensure that achievement data are made

12 available on a timely basis following official report13 ing, in a manner that facilitates further analysis.

14 (3)(A)(i) The Commissioner, in carrying out the Na15 tional Assessment, may conduct State assessments of stu16 dent achievement in grades 4, 8, and 12.

17 (ii) Each such State assessment, in each subject area

18 and at each grade level shall be conducted on a trial basis.

19 (B)(i) States wishing to participate in State assess20 ments shall enter into an agreement with the Secretary pur21 suant to subsection (d)(2).

22 (ii) Such agreement shall contain information suffi23 cient to give States full information about the process for

24 consensus decisionmaking on objectives to be tested, and of
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1 the standards for sampling, test administration, test secu2 rity, data collection, validation, and reporting.

3 (C) A participating State shall review and give per4 mission for the release of results from any test of its students

5 administered as a part of a State assessment prior to the

6 release of such data. Refusal by a State to release its data

7 shall not restrict the release of data from other States that

8 have approved the release of such data.

9 (4) In carrying out the National Assessment, the Com10 missioner shall not collect any data that are not directly

11 related to the appraisal of educational performance,

12 achievement, and traditional demographic reporting vari13 ables, or to the fair and accurate presentation of such infor14 mation.

15 (5) In carrying out the National Assessment, the Com16 missioner may provide technical assistance to States, local17 ities, and other parties.

18 (c) ACCESS.—(1) Except as provided in paragraph

19 (2), the public shall have access to all data, questions, and

20 test instruments of the National Assessment.

21 (2)(A) The Commissioner shall ensure that all person22 ally identifiable information about students, their edu23 cational performance, and their families, and that informa24 tion with respect to individual schools, remains confiden-
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1 tial, in accordance with section 552a of title 5, United

2 States Code.

3 (B) Notwithstanding any other provision of law, the

4 Commissioner may decline to make available to the public

5 for a period, not to exceed 10 years after initial use, cog6 nitive questions that the Commissioner intends to reuse in

7 the future.

8 (C)(i) The Commissioner may, upon the request of a

9 State educational agency or a local educational agency, in

10 a limited number of cases and on a trial basis, make Na11 tional Assessment test instruments available for assessing

12 aggregate student achievement at the local educational

13 agency level.

14 (ii)(I) Participation by a local educational agency

15 shall be voluntary.

16 (II) A State requesting the participation of a local

17 educational agency must accompany this request with a

18 statement of full written concurrence by such agency and

19 that such agency is requesting to participate in the local

20 assessment.

21 (iii) Before receiving such instruments, an agency

22 shall provide the Commissioner with assurances that con23 fidentiality and security requirements and testing protocols,

24 prescribed by the Commissioner, will be complied with in

25 the use of such instruments.
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1 (d) PARTICIPATION.—(1) Participation in the na2 tional and regional assessments by State and local edu3 cational agencies shall be voluntary.

4 (2) Participation in assessments made on a State basis

5 shall be voluntary. The Commissioner shall enter into an

6 agreement with any State that desires to carry out an as7 sessment for the State under this subsection. Each such

8 agreement shall contain provisions designed to ensure that

9 the State will—

10 (A) participate in the assessment; and

11 (B) pay from non-Federal sources the non-Fed12 eral share of participation.

13 (3)(A) For each fiscal year, the non-Federal share for

14 the purpose of paragraph (2)(B) shall be—

15 (i) the cost of conducting the assessment at the

16 school level for all public schools in the State sample,

17 including the analysis and reporting of the data;

18 (ii) the cost of coordination within the State;

19 and

20 (iii) other reasonable costs specified by the Sec21 retary in the agreement described in paragraph (2).

22 (B) The non-Federal share of payments under this

23 paragraph may be in cash or in kind, fairly valued.

24 (C) The agreement described in paragraph (2) shall

25 describe the manner in which, the costs of administering
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1 the assessment to private nonprofit schools included in the

2 State sample may be met.

3 (4) The implementation of subparagraph (C) of para4 graph (2) of subsection (d) shall involve no cost to the Fed5 eral Government.

6 (e) STUDENT PERFORMANCE GOALS.—(1) The Com7 missioner shall establish appropriate student performance

8 goals for each age and grade in each subject area to be tested

9 under the National Assessment.

10 (2) The Commissioner, with the advice of the Council,

11 shall establish rigorous standards for the evaluation of such

12 goals.

13 (3) Such goals shall be—

14 (A) devised through a national consensus ap15 proach, providing for active participation of teachers,

16 curriculum specialists, local school administrators,

17 parents, and concerned members of the general public;

18 (B) used on a trial basis until the Commissioner

19 determines, through an evaluation under subsection

20 (f), that such goals meet the standards under para21 graph (2) and are reasonable, valid, and informative

22 to the public; and

23 (C) updated as appropriate.

24 (f) REVIEW OF NATIONAL AND STATE ASSESS25 MENTS.—(1) The Commissioner shall provide for continu-
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1 ing reviews by the National Academy of Education or the

2 National Academy of Sciences of the National Assessment,

3 State assessments, local educational agency assessments,

4 and student performance goals. Such reviews shall address

5 whether each trial state assessment is properly adminis6 tered, produces high quality data that is valid and reliable,

7 produces data on student achievement that is not otherwise

8 available to the State exclusive of data comparing partici9 pating States to each other and the Nation, and is a cost10 effective method of producing the data. The Commissioner

11 shall also carry out evaluation studies by the Center and

12 solicitation of public comment on the conduct and useful13 ness of the National Assessment. The Commissioner shall

14 report to the Congress, the President, and the Nation on

15 the findings and recommendations of such reviews.

16 (2) The Commissioner shall consider the findings and

17 recommendations in designing the competition to select the

18 organization, or organizations, through which the Office

19 carries out the National Assessment.

20 (g) COVERAGE AGREEMENTS.—(1) The Secretary and

21 the Secretary of Defense may enter into an agreement, in22 cluding such terms as are mutually satisfactory, to include

23 in the National Assessment the defense dependents edu24 cation system established under the Defense Dependents’

25 Education Act of 1978.
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1 (2) The Secretary and the Secretary of the Interior

2 may enter into an agreement, including such terms as are

3 mutually satisfactory, to include in the National Assess4 ment schools for Indian children operated or supported by

5 the Bureau of Indian Affairs.

6 SEC. 412. AUTHORIZATION OF APPROPRIATIONS.

7 There are authorized to be appropriated to carry out

8 this title, $103,200,000 for fiscal year 1995 and such sums

9 as may be necessary for each of the fiscal years 1996, 1997,

10 1998, and 1999.

11 TITLE V—MISCELLANEOUS

12 SEC. 501. STUDY OF FEDERAL EFFORTS TO ASSIST IN

13 SCHOOL REFORM.

14 (a)(1) In addition to the national assessment con15 ducted pursuant to title I of the Elementary and Secondary

16 Education Act as amended by this Act, the Secretary of

17 Education shall conduct a comprehensive study of how the

18 Federal Government has assisted the States to reform their

19 educational systems through the various education laws en20 acted during the 103d Congress.

21 (2) Such study shall encompass the changes made in

22 Federal programs pursuant to this Act as well as in any

23 other law enacted during this Congress amending a Federal

24 program assisting pre-elementary, elementary, or secondary

25 education. In addition, such study shall encompass new ini-
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1 tiatives enacted into law, such as the Goals 2000: Educate

2 America Act, and the School-to-Work Opportunities Act.

3 (b)(1) This study shall include a comprehensive review

4 of these laws and programs to determine their overall effect

5 on—

6 (A) the readiness of children for schooling,

7 (B) the improvement in educational attainment

8 of students in elementary and secondary education,

9 and

10 (C) the improvement in skills needed by students

11 to obtain employment upon completion of high school

12 or further education.

13 (2) This study shall also include a comprehensive re14 view of these programs to determine their overall effect—

15 (A) on school reform efforts undertaken by

16 States,

17 (B) on efforts by States to adopt educational

18 standards to improve schooling for all children, to

19 align their curricula, teacher training, and assess20 ments to such standards, and to bring flexibility to

21 the rules governing how education is to be provided,

22 and

23 (C) on student populations who have been the

24 traditional beneficiaries of Federal assistance to de-
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1 termine whether their educational attainment has

2 been improved through these changes.

3 (3) This study shall also evaluate how the National

4 Assessment Governing Board, the Advisory Council on Edu5 cation Statistics, the National Education Goals Panel, the

6 National Education Statistics and Improvement Council

7 and any other Board established to analyze, address, or ap8 prove standards and assessments coordinates, interacts,

9 and/or duplicates efforts to assist the States to reform their

10 educational systems.

11 (4) This study shall also include a review of these laws

12 and programs in such detail as the Secretary deems appro13 priate and may involve cooperation with other Federal de14 partments and agencies in order to incorporate their eval15 uations and recommendations.

16 (c)(1) The Secretary shall appoint an independent

17 panel to review the plan for this study, to advise on its

18 progress, and to comment, if it so wishes, on the final re19 port.

20 (2) The Secretary shall submit this report by January

21 1, 1998, to the Committee on Education and Labor of the

22 United States House of Representatives and to the Commit23 tee on Labor and Human Resources.
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1 SEC. 502. BUDGET COMPLIANCE.

2 Any authority to make payments pursuant to the

3 amendments made by this Act shall be effective only to the

4 extent provided in appropriation Acts.

Amend the title so as to read: ‘‘A bill 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.’’.

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