IIA

103D CONGRESS

2D SESSION H. R. 6

IN THE SENATE OF THE UNITED STATES

APRIL 15 (legislative day, APRIL 11), 1994

Received

APRIL 19 (legislative day, APRIL 11), 1994

Read twice and referred to the Committee on Labor and Human Resources

AN ACT

To extend for five years the authorizations of appropriations

for the programs under the Elementary and Secondary

Education Act of 1965, and for certain other purposes.

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’’.
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1 (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. 1115A. School choice.

‘‘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.

‘‘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.
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‘‘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.

‘‘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.
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‘‘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.

‘‘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.
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‘‘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. Service and application requirements..

‘‘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—INNOVATIVE EDUCATION PROGRAM STRATEGIES

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

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

‘‘Sec. 2403. Definition.

‘‘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.

‘‘Sec. 2433. Local applications.

‘‘SUBPART 4—GENERAL ADMINISTRATIVE PROVISIONS

‘‘Sec. 2441. Maintenance of effort; Federal funds supplementary.

‘‘Sec. 2442. Participation of children enrolled in private schools.

‘‘Sec. 2443. Evaluations and reporting.

‘‘Sec. 2444. Federal administration.

‘‘Sec. 2445. Application of General Education Provisions Act.

‘‘PART F—21ST CENTURY COMMUNITY LEARNING CENTERS

‘‘Sec. 2451. Findings.

‘‘Sec. 2452. Program authorization and distribution.
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‘‘Sec. 2453. Uses of funds.

‘‘Sec. 2454. Award of grants.

‘‘Sec. 2455. Definitions.

‘‘Sec. 2456. Authorization of appropriations.

‘‘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.

‘‘PART G—NATIVE HAWAIIAN EDUCATION

‘‘Sec. 3801. Short title.

‘‘Sec. 3802. Findings.

‘‘Sec. 3803. Purpose.

‘‘Sec. 3804. Native Hawaiian Education Council.
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‘‘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. 4103A. Governor’s programs.

‘‘Sec. 4104. Local applications.

‘‘Sec. 4105. Local drug and violence prevention programs.

‘‘Sec. 4106. Evaluation and reporting.

‘‘PART B—NATIONAL PROGRAMS
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‘‘Sec. 4201. Federal activities.

‘‘Sec. 4202. Programs for Native Hawaiians.

‘‘Sec. 4203. Hate crime prevention.

‘‘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—PROMOTING EQUITY

‘‘PART A—MAGNET SCHOOLS ASSISTANCE

‘‘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—WOMEN’S EDUCATIONAL EQUITY ACT

‘‘Sec. 5201. Findings and statement of purpose.

‘‘Sec. 5202. Programs authorized.

‘‘Sec. 5203. Local implementation grants.

‘‘Sec. 5204. Research and development grants.

‘‘Sec. 5205. 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.

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

OPPORTUNITIES FOR INDIAN CHILDREN

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

‘‘Sec. 6202. Professional development.

‘‘Sec. 6203. Fellowships for Indian students.

‘‘Sec. 6204. Gifted and talented.
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‘‘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.

‘‘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.
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‘‘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.

‘‘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.

‘‘TITLE IX—GENERAL PROVISIONS

‘‘PART A—DEFINITIONS
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‘‘Sec. 9101. Definitions.

‘‘Sec. 9102. Applicability of this title.

‘‘Sec. 9103. References in other Acts.

‘‘Sec. 9104. Applicability to Bureau of Indian Affairs operated schools.

‘‘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.

‘‘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.

‘‘Sec. 9508. Applicability to home schools.

‘‘Sec. 9509. General provision regarding nonrecipient nonpublic schools.

‘‘Sec. 9510. Compliance with Buy American Act.

‘‘Sec. 9511. Sense of Congress; requirement regarding notice.

‘‘Sec. 9512. Prohibition of contracts.

‘‘Sec. 9513. Prohibition against funds for protected prayer.

‘‘Sec. 9514. Sex education.

‘‘Sec. 9515. Prohibition against funds for homosexual support.

‘‘Sec. 9516. Nonsmoking policy.

‘‘PART F—GUN POSSESSION

‘‘Sec. 9601. Policy for gun possession.

‘‘Sec. 9602. Ethical principles.

‘‘PART G—CUSTODIAL SERVICES

‘‘Sec. 9701. Compensation of custodians.
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‘‘PART H—SENSE OF THE CONGRESS TO INCREASE THE TOTAL SHARE OF

FEDERAL SPENDING ON EDUCATION

‘‘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.

‘‘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.
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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.

Sec. 254. Disclosure requirements.

PART E—RELATED AMENDMENTS TO OTHER ACTS

Sec. 261. Department of Education Organization Act.

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

‘‘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.
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‘‘Sec. 726. Authorization of appropriations.’’.

Sec. 321. Statement of policy.

Sec. 322. Education for homeless children and youth.

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.

PART F—AMENDMENTS TO STATUTES PERTAINING TO INDIAN EDUCATION

Sec. 351. Bureau of Indian Affairs.

Sec. 352. Application with respect to Indian Self-Determination and Education

Assistance Act.

Sec. 353. Payments.

Sec. 354. Endowment funds.

Sec. 355. Higher education amendments of 1992.

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.

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. National Assessment Governing Board.

Sec. 413. Authorization of appropriations.

TITLE V—MISCELLANEOUS

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

Sec. 502. Study of the effectiveness and impact of Federal categorical aid programs.

Sec. 503. Budget compliance.
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1 SEC. 2. EFFECTIVE DATES; TRANSITION.

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

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

4 shall take effect July 1, 1995, except that those provisions

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

6 Elementary and Secondary Education Act of 1965, as

7 amended by this Act, and to programs that are conducted

8 on a competitive basis, shall be effective with respect to

9 appropriations for use under such programs in fiscal year

10 1995 and in subsequent 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 253 of such title

16 shall be effective—

17 (A) July 1, 1995, for noncompetitive programs

18 in which funds are allocated on the basis of a for19 mula; and

20 (B) for programs that are conducted on a com21 petitive basis, with respect to appropriations for use

22 under such programs in fiscal year 1995 and in sub23 sequent fiscal years.

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

25 take effect July 1, 1995.
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1 (B) Part C of title III of this Act shall take effect

2 on October 1, 1994.

3 (b) TRANSITION.—Notwithstanding any other provi4 sion of law, a recipient of funds under the Elementary and

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

6 amendment by this Act, may use funds available to it

7 under such predecessor authority to carry out necessary

8 and reasonable planning and transition activities in order

9 to ensure a smooth implementation of programs author10 ized by this Act.

11 TITLE I—AMENDMENTS TO THE

12 ELEMENTARY AND SECOND13 ARY EDUCATION ACT OF 1965

14 SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SEC15 ONDARY EDUCATION ACT OF 1965.

16 The Elementary and Secondary Education Act of

17 1965 is amended to read as follows:

18 ‘‘SECTION 1. SHORT TITLE.

19 ‘‘This Act may be cited as the ‘‘Elementary and Sec20 ondary Education Act of 1965’’.
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1 ‘‘TITLE I—IMPROVED EDU2 CATION FOR DISADVAN3 TAGED CHILDREN

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

5 PURPOSE.

6 ‘‘(a) STATEMENT OF POLICY.—The Congress de7 clares it to be the policy of the United States that a high8 quality education for all persons and a fair and equal op9 portunity to obtain such education—

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

11 a vibrant future for our complex and diverse democ12 racy and for meeting the challenge of an internation13 ally competitive economy;

14 ‘‘(2) are a private good because individual op15 portunity is greatly enhanced by being well educated;

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

17 simple justice demands that the opportunity to ac18 quire skills and knowledge deemed necessary for

19 basic citizenship and economic opportunity be equal20 ly available to all; and

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

22 the quality of individual lives ultimately depends on

23 the quality of the lives of others.

24 ‘‘(b) RECOGNITION OF NEED.—The Congress recog25 nizes that—
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1 ‘‘(1) although the achievement gap between dis2 advantaged children and other children has been re3 duced by half over the past two decades, a sizable

4 gap remains, and many segments of our society lack

5 the opportunity to become well educated;

6 ‘‘(2) the most urgent need for educational im7 provement is in schools with high concentrations of

8 children from low-income families and achieving the

9 National Education Goals will not be possible with10 out substantial improvement in these schools;

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

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

13 children with limited English proficiency, children of

14 migrant workers, Indian children, children who are

15 neglected or delinquent, and young children and

16 their parents who are in need of family-literacy serv17 ices; and

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

19 under this Act contribute to narrowing the achieve20 ment gap between children in high-poverty and low21 poverty schools, such programs need to become even

22 more effective in improving schools in order to en23 able 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 con5 tent and complex problem-solving skills and research

6 clearly shows that children, including low-achieving

7 children, can succeed when expectations are high

8 and they are given the opportunity to learn challeng9 ing material.

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

11 hunger, unsafe living conditions, homelessness, un12 employment, violence, inadequate health care, child

13 abuse, and drug and alcohol abuse can adversely af14 fect children’s academic achievement and must be

15 addressed through the coordination of services, such

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

17 to meet the National Education Goals.

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

19 good health can help children and adolescents suc20 ceed in school, become active, productive members of

21 society, and successfully compete in a rapidly chang22 ing global economy. Schools that provide quality

23 physical and health education contribute to enhanced

24 knowledge, behavior, and fitness of children and ado25 lescents.
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1 ‘‘(4) Use of low-level tests that are not aligned

2 with schools’ curricula fails to provide adequate in3 formation about what children know and can do and

4 encourages curricula and instruction that focus on

5 the low-level skills measured by such tests.

6 ‘‘(5) Resources are more effective when they en7 sure that children have full access to effective regu8 lar 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 teach16 ing to high standards.

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

19 on teaching and learning and on helping children at20 tain high standards) is too often not provided.

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

23 schools and the role it can play in professional devel24 opment 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

3 partners with teachers so that children can achieve

4 high 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

9 to high levels of performance and should accept re10 sponsibility to do so.

11 ‘‘(11) Opportunities for students to achieve

12 high standards can be enhanced through a variety of

13 approaches such as public school choice and public

14 charter 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 learn18 ing are frequently unmet, particularly in high-pov19 erty schools, thereby necessitating coordination of

20 services to better meet children’s needs.

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

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

24 most 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

8 accomplished 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

16 the amount and quality of instructional time so that

17 children served under this title receive at least the

18 classroom instruction that other children receive;

19 ‘‘(3) promoting schoolwide reform and ensuring

20 access of children (from the earliest grades) to effec21 tive instructional strategies and challenging aca22 demic content that includes intensive complex think23 ing and 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

4 this title with each other, with other educational

5 services, and, to the extent feasible, with health and

6 social service 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 suffi11 cient to make a difference, to schools where needs

12 are greatest;

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

20 for 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 fis3 cal year 1995 and such sums as may be necessary

4 for each of the fiscal years 1996, 1997, 1998, and

5 1999.

6 ‘‘(2) EVEN START.—For the purpose of carry7 ing out part B of this title, there are authorized to

8 be appropriated $118,000,000 for fiscal year 1995

9 and such sums as may be necessary for each of the

10 fiscal years 1996, 1997, 1998, and 1999.

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

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

13 there are authorized to be appropriated

14 $310,000,000 for fiscal year 1995 and such sums as

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

16 1997, 1998, and 1999.

17 ‘‘(4) PREVENTION AND INTERVENTION SERV18 ICES FOR DELINQUENT YOUTH AND YOUTH AT RISK

19 OF DROPPING OUT.—For the purpose of carrying

20 out part D of this title, there are authorized to be

21 appropriated $40,000,000 for fiscal year 1995 and

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

23 years 1996, 1997, 1998, and 1999.

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

25 carrying out section 1120(d) of this title, there are
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1 authorized to be appropriated $41,434,000 for fiscal

2 year 1995 and such sums as may be necessary for

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

4 ‘‘(6) SCHOOL IMPROVEMENT.—For the purpose

5 of carrying out the activities authorized in section

6 1117 of this title, there are authorized to be appro7 priated $30,000,000 for fiscal year 1995 and such

8 sums as may be necessary for each of the fiscal

9 years 1996, 1997, 1998, and 1999.

10 ‘‘(7) FEDERAL ACTIVITIES.—(A) For the pur11 pose of carrying out section 1501 of this title, there

12 are authorized to be appropriated $9,000,000 for

13 fiscal year 1995 and such sums as may be necessary

14 for each of the fiscal years 1996, 1997, 1998, and

15 1999.

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

17 1502 and 1503 of this title, there are authorized to

18 be appropriated $20,000,000 for fiscal year 1995

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

20 fiscal years 1996, 1997, 1998, and 1999.
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1 ‘‘PART A—BASIC PROGRAMS OPERATED BY

2 LOCAL EDUCATIONAL AGENCIES

3 ‘‘Subpart 1—Basic Program Requirements

4 ‘‘SEC. 1111. STATE PLANS.

5 ‘‘(a) PLANS REQUIRED.—(1) Any State desiring to

6 receive a grant under this part shall submit to the Sec7 retary a plan, developed in consultation with local edu8 cational agencies, teachers, administrators, and parents,

9 that—

10 ‘‘(A)(i) is integrated with the State’s plan, ei11 ther approved or being developed, under title III of

12 the Goals 2000: Educate America Act, and satisfies

13 the requirements of this section that are not already

14 addressed by that State plan; and

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

16 any, under the School-to-Work Opportunities Act of

17 1993 and the Carl D. Perkins Vocational and Ap18 plied Technology Education Act, to the extent that

19 these plans have not already been incorporated in

20 the State’s plan under title III of the Goals 2000:

21 Educate America Act; or

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

23 plan under title III of the Goals 2000: Educate

24 America Act and is not developing such a plan—

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

26 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 State may satisfy all or part of the require10 ments of this section by referencing applicable sections of

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

12 Educate America Act.

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

14 (1)(A) Each State plan shall demonstrate that the State

15 has developed or adopted high-quality standards for chil16 dren served under this title that will be used by the State,

17 its local educational agencies, and its schools to carry out

18 this Act and that these standards be as challenging and

19 of the same high-quality as they are for all children. These

20 standards shall include—

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

22 academic subjects that—

23 ‘‘(I) specify what children served under

24 this title are expected to know and be able to

25 do;
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1 ‘‘(II) contain coherent and rigorous con2 tent; and

3 ‘‘(III) emphasize the teaching of advanced

4 skills;

5 ‘‘(ii) challenging performance standards that—

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

7 standards;

8 ‘‘(II) describe two levels of high perform9 ance, ‘proficient’ and ‘advanced’, that determine

10 how well children served under this title are

11 mastering the material in the content stand12 ards; and

13 ‘‘(III) include a third benchmark below

14 proficient, if necessary, to provide complete in15 formation about the progress of the lower-per16 forming children toward achieving the high

17 ‘proficient’ and ‘advanced’ performance stand18 ards; and

19 ‘‘(iii) model opportunity to learn standards for

20 schools which receive assistance under this title that

21 address—

22 ‘‘(I) the alignment of curricula, instruc23 tional materials, and other school resources

24 with the content and performance standards

25 adopted by the State;
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1 ‘‘(II) the capability of teachers to provide

2 high quality instruction within each subject

3 area for which the State has adopted content

4 and performance standards; and

5 ‘‘(III) such other factors that the State

6 deems appropriate to ensure that students

7 served under this title receive a fair opportunity

8 to achieve the knowledge and skills described in

9 content and performance standards adopted by

10 the State.

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

12 State has not adopted challenging content and perform13 ance standards, the State plan shall include a schedule

14 for their development that includes the completion of

15 standards in mathematics and reading/language arts by

16 the end of the interim period as described in paragraph

17 (8).

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

19 assessments described under paragraph (3), what con20 stitutes adequate yearly progress of—

21 ‘‘(i) any school served under this part toward

22 enabling children to meet the State’s ‘proficient’ and

23 ‘advanced’ performance standards; and

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

25 funds under this part toward enabling children in
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1 schools receiving assistance under this part to meet

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

3 standards.

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

5 manner—

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

7 applicability established by the Secretary and results

8 in continuous and substantial yearly improvement

9 for economically disadvantaged, limited-English pro10 ficient, and all students under this title in each

11 school and local educational agency toward the goal

12 of all children under this title meeting the State’s

13 challenging ‘advanced’ performance standards; and

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

15 the assessments carried out under this section while

16 permitting progress to be established in part

17 through the use of other outcome-based measures

18 such as reductions in drop-out rates.

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

20 State has developed or adopted a set of high-quality, year21 ly student assessments that will be used as the primary

22 means of determining the yearly performance of each local

23 educational agency and school receiving assistance under

24 this part in enabling children served under this title to

25 meet the State’s performance standards and that these as-
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1 sessments be challenging and of the same high-quality as

2 they are for all children. These assessments shall—

3 ‘‘(A) be aligned with the State’s challenging

4 content and performance standards and provide co5 herent information about student attainment of such

6 standards;

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

8 valid and reliable, and be consistent with relevant

9 nationally recognized professional and technical

10 standards of assessments;

11 ‘‘(C) shall measure the proficiency of students

12 in the core academic subjects in which a State has

13 adopted challenging content and performance stand14 ards and be administered at some time during—

15 ‘‘(i) grades 3 through 5;

16 ‘‘(ii) grades 6 through 9; and

17 ‘‘(iii) grades 10 through 12.

18 ‘‘(D) be comprised of multiple, up-to-date meas19 ures of student performance;

20 ‘‘(E)(i) include limited-English proficient stu21 dents who shall be assessed, to the extent prac22 ticable, in the language and form most likely to yield

23 accurate and reliable information on what these stu24 dents know and can do, to determine their mastery

25 of skills in subjects other than English;
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1 ‘‘(ii) include students who have been resident in

2 a local educational agency for a full academic year

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

4 provided that the performance of students who have

5 attended more than one school in the local edu6 cational agency in any academic year shall be used

7 only in determining the progress of the local edu8 cational agency; and

9 ‘‘(iii) include students with disabilities who shall

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

11 and form most likely to yield accurate and reliable

12 information on what these students know and can

13 do, including assessment accommodations and modi14 fications necessary to make such determinations,

15 provided that those students who are determined,

16 through valid evaluation conducted by qualified per17 sonnel, to be so severely cognitively impaired as to

18 permanently lack the capacity to make any edu19 cational progress, with the provision of special edu20 cation and related services, in meeting the State

21 content and performance standards may be exempt22 ed from the assessment process;

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

24 ‘‘(G) provide for disaggregated results within

25 each State, local educational agency, and school by
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1 gender, by each major racial and ethnic group, by

2 English proficiency status, and by economically dis3 advantaged students as compared to students who

4 are not economically disadvantaged.

5 ‘‘(4) Each State plan shall identify the languages

6 other than English that are present in the participating

7 student population and indicate the languages for which

8 yearly student assessments are not available and are need9 ed. The State shall make every effort to develop such as10 sessments and shall notify the Secretary if linguistically11 accessible assessment measures are needed. Upon notifica12 tion, the Secretary shall assist with the identification of

13 appropriate assessment measures in the needed languages

14 through the Office of Bilingual Education and Minority

15 Language Affairs.

16 ‘‘(5) If a State has developed or adopted challenging

17 content and performance standards and an aligned set of

18 assessments for all students such as those developed under

19 title III of the Goals 2000: Educate America Act, or an20 other process, the State shall use such standards and as21 sessments, modified, if necessary, to conform with the re22 quirements of paragraphs (1)(A)(ii), (2), and (3).

23 ‘‘(6) If, after 2 years, a State does not have challeng24 ing content and performance standards that meet the re25 quirements of paragraph (1) or after 3 years, a State does
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1 not have assessments that meet the requirements of para2 graph (3), a State shall adopt a set of standards and

3 aligned assessments such as the standards and assess4 ments contained in other State plans that the Secretary

5 has approved.

6 ‘‘(7)(A) If a State does not have assessments that

7 meet the requirements of paragraph (3), the State may

8 propose to use an interim set of yearly statewide assess9 ments that will assess the performance of complex skills

10 and challenging subject matter.

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

12 interim assessment system, the State shall devise a means

13 for identifying schools and local educational agencies in

14 need of improvement under section 1116.

15 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

16 AND LEARNING.—Each State plan shall also describe—

17 ‘‘(1)(A) the means by which the State edu18 cational agency will work with other agencies, in19 cluding educational service agencies or other local

20 consortia, and institutions to provide technical as21 sistance to local educational agencies and schools to

22 carry out the State educational agency’s responsibil23 ities under this part, including assistance in provid24 ing high quality professional development under sec-
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1 tion 1119 and technical assistance under section

2 1117; and

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

4 the State educational agency shall consider providing

5 professional development and technical assistance

6 through such agencies; and

7 ‘‘(ii) where educational service agencies do not

8 exist, the State educational agency shall consider

9 providing professional development and technical as10 sistance through other cooperative agreements such

11 as a consortium of local educational agencies;

12 ‘‘(2) the measure of poverty that local edu13 cational agencies shall use which shall include such

14 measures as the number of children age 5 to 7 in

15 poverty counted in the most recent census data ap16 proved by the Secretary, the number of children eli17 gible to receive free and reduced price lunches under

18 the National School Lunch Act, the number of chil19 dren in families receiving assistance under Aid to

20 Families With Dependent Children or the number of

21 children eligible to receive medical assistance under

22 the Medicaid program; or a composite of such indi23 cators;

24 ‘‘(3) how the State educational agency will no25 tify local educational agencies and the public of the
36

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1 standards and assessments developed under this sec2 tion, and of the authority to operate schoolwide pro3 grams, and fulfill its local educational agency and

4 school improvement responsibilities under section

5 1116, including the corrective actions it will take

6 under section 1116(d)(6);

7 ‘‘(4) how the State educational agency will en8 courage the use of funds from other Federal, State,

9 and local sources for schoolwide reform in

10 schoolwide programs under section 1114;

11 ‘‘(5) how the Committee of Practitioners estab12 lished under section 1603(b) was substantially in13 volved in the development of the plan and will con14 tinue to be involved in monitoring its implementation

15 by the State;

16 ‘‘(6) how the State educational agency will as17 sess the needs of local educational agencies serving

18 rural areas and the plans the State educational

19 agency has to meet those needs;

20 ‘‘(7) how the State educational agency will en21 courage the establishment and operation of coopera22 tive education, mentoring, and apprenticeship pro23 grams, involving business and industry; and
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1 ‘‘(8) how the State will coordinate activities

2 funded under this part with school-to-work and voca3 tional education programs, as appropriate.

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

5 The Secretary—

6 ‘‘(1) shall establish a peer review process to as7 sist in the review of State plans;

8 ‘‘(2) shall appoint individuals to the peer review

9 process who shall be representative of State edu10 cational agencies, local educational agencies, teach11 ers, and parents;

12 ‘‘(3) shall, following an initial peer review, ap13 prove a State plan the Secretary determines meets

14 the requirements of subsections (a), (b), and (c);

15 and

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

17 the State plan does not meet the requirements of

18 subsection (a), (b), or (c), immediately notify the

19 State of such determination and the reasons for it;

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

21 before offering the State an opportunity to revise its

22 plan or application, provide technical assistance in

23 order to assist the State to meet the requirements

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

25 and
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1 (C) may withhold funds until determining that

2 the plan meets the requirements of this section, pro3 vided, however, that the Secretary may not withhold

4 funds on the basis of the specific content of the op5 portunity-to-learn standards adopted by a State

6 under this section.

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

8 shall—

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

10 State’s participation under this part; and

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

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

13 strategies and programs under this part.

14 ‘‘(2) If the State makes significant changes in its

15 plan, such as the adoption of new content and perform16 ance standards, new assessments, or a new definition of

17 adequate progress, the State shall submit this information

18 to the Secretary for approval.

19 ‘‘(f) Nothing in this title shall be construed to author20 ize an officer or employee of the Federal Government to

21 mandate, direct, or control a State, local educational agen22 cy, or school’s specific instructional content or pupil per23 formance standards and assessments, curriculum, or pro24 gram of instruction as a condition of eligibility to receive

25 funds under this title.
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1 ‘‘(g) Notwithstanding any other provision of this Act,

2 the implementation of model opportunity-to-learn stand3 ards shall be voluntary on the part of the States, local

4 educational agencies, and schools.

5 ‘‘(h) Nothing in this title shall be construed to au6 thorize an officer, or employee of the Federal Government

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

8 agency, or school’s specific opportunity-to-learn standards

9 as a condition of eligibility to receive funds under this title.

10 ‘‘(i) Nothing in this section shall be construed to cre11 ate a legally enforceable right for any person against a

12 State, local educational agency, or school based on oppor13 tunity-to-learn standards.

14 ‘‘(j) Nothing in this section shall be construed to

15 mandate equalized spending per pupil for State, local edu16 cational agency, or school.

17 ‘‘(k) Nothing in this section shall be construed to

18 mandate national school building standards for a State,

19 local educational agency, or school.

20 ‘‘(l) If aggregate State expenditure by the State edu21 cational agency for operation of elementary and secondary

22 education programs is less than the State educational

23 agency’s aggregate Federal allocation for State operation

24 of all Federal elementary and secondary education pro25 grams, then the State plan for title I must include assur-
40

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1 ances and specific provisions for State expenditures for op2 eration of elementary and secondary education programs

3 to equal or exceed the level of Federal expenditures for

4 such operation by fiscal year 1999.

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

6 ‘‘(a) PLANS REQUIRED.—(1) A local educational

7 agency may receive a subgrant under this part for any

8 fiscal year only if it has on file with the State educational

9 agency a plan, approved by the State educational agency,

10 that—

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

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

13 under title III of the Goals 2000: Educate America

14 Act, and satisfies the requirements of this section

15 that are not already addressed by that State plan;

16 and

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

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

19 the Carl D. Perkins Vocational and Applied Tech20 nology Education Act, to the extent that such plans

21 have not already been incorporated into the local

22 educational agency’s plan under title III of the Goals

23 2000: Educate America Act; or

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

25 have an approved plan under title III of the Goals
41

•HR 6 RFS

1 2000: Educate America Act and is not developing

2 such a plan—

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

4 under this Act and other plans, including those

5 under the School-to-Work Opportunities Act of

6 1993 and the Carl D. Perkins Vocational and

7 Applied Technology Education Act, where such

8 plans exist; and

9 ‘‘(ii) satisfies the requirements of this sec10 tion.

11 ‘‘(2) The plan may be submitted as part of a consoli12 dated application under section 9302.

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

14 part of the requirements of this section by referencing ap15 plicable sections of its approved plan under title III of the

16 Goals 2000: Educate America Act.

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

18 Each local educational agency plan shall include—

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

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

21 in addition to the content and performance stand22 ards adopted by the State under section 1111, that

23 the local educational agency expects children served

24 under this title to meet;
42

•HR 6 RFS

1 ‘‘(2) a description, based on the assessments

2 described under paragraph (3), of what constitutes

3 adequate yearly progress if a local educational agen4 cy elects to establish such measures that are more

5 stringent than the measures described in the State

6 plan under section 1111;

7 ‘‘(3) a description of additional high-quality

8 student assessments, if any, other than the assess9 ments described in the State plan under section

10 1111, that the local educational agency and schools

11 served under this part will use to—

12 ‘‘(A) determine the success of children

13 served under this title in meeting the State’s

14 performance standards;

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

16 learning in the classroom in ways that best en17 able children served under this title to meet

18 State standards and do well in the local cur19 riculum; and

20 ‘‘(C) determine what revisions are needed

21 to projects under this part so that such children

22 will meet the State’s performance standards.

23 ‘‘(c) OTHER PROVISIONS TO SUPPORT TEACHING

24 AND LEARNING.—(1) To ensure high-quality instruction

25 to enable participating children to meet the State’s chal-
43

•HR 6 RFS

1 lenging performance standards expected of all students,

2 each local educational agency plan shall describe a coher3 ent strategy for intensive and sustained professional devel4 opment for teachers, administrators, and other staff, in5 cluding staff of such agency, in accordance with section

6 1119.

7 ‘‘(2) Each local educational agency plan shall de8 scribe how the local educational agency will—

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

10 schoolwide programs;

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

12 schools develop their plans pursuant to section 1114

13 or 1115 and assist schools as they implement such

14 plans so that each school can make adequate yearly

15 progress toward meeting the State’s standards; and

16 ‘‘(C) fulfill its school improvement responsibil17 ities under section 1116, including the corrective ac18 tions it will take under section 1116(c)(5).

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

20 served under this title, each local educational agency plan

21 shall describe how the local educational agency will—

22 ‘‘(A) coordinate and integrate services provided

23 under this part with other educational services at

24 the local educational agency or individual school

25 level, including—
44

•HR 6 RFS

1 ‘‘(i) Even Start, Head Start, and other

2 preschool programs, including plans for the

3 transition of participants in such programs to

4 local elementary school programs, vocational

5 education programs, and school-to-work transi6 tion programs; 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

12 enactment of this title, delinquent youth and

13 youth at risk of dropping out served under part

14 D of this title, homeless children, and immi15 grant children in order to increase program ef16 fectiveness, eliminate duplication, and reduce

17 fragmentation of the children’s instructional

18 program; and

19 ‘‘(B) coordinate and collaborate with other

20 agencies providing services to children, youth, and

21 families, including health and social services.

22 ‘‘(4) The local educational agency plan also shall in23 clude a description of—

24 ‘‘(A) the poverty criteria that will be used to se25 lect school attendance areas under section 1113;
45

•HR 6 RFS

1 ‘‘(B) the multiple criteria that will be used by

2 targeted assistance schools under section 1115 to

3 identify children eligible for services under this part;

4 ‘‘(C) the nature of the programs to be con5 ducted by its schools under sections 1114 and 1115

6 and services outside such schools for children in

7 local institutions for neglected or delinquent children

8 and eligible homeless children, in accordance in sec9 tion 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

13 this part are selected to receive such services on the

14 same basis as other children who are selected to re15 ceive 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

20 that otherwise would not have been served or in21 crease the level of service to children presently being

22 served;

23 ‘‘(F) how the local educational agency will pro24 vide services to eligible children attending private el25 ementary and secondary schools in accordance with
46

•HR 6 RFS

1 section 1120, and how timely and meaningful con2 sultation with private school officials regarding such

3 services will occur; and

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

5 will be operating in the local educational agency.

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

7 local educational agency plan shall—

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

9 including vocational teachers, where appropriate,

10 and parents of children in schools served under this

11 part; and

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

13 local educational agency’s participation under this

14 part; and

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

16 necessary, to reflect changes in the local educational

17 agency’s strategies and programs.

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

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

20 if the State educational agency determines that the plan

21 will enable schools served under this part to substantially

22 help children served under this title to meet the State’s

23 challenging performance standards expected of all chil24 dren.
47

•HR 6 RFS

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

2 local educational agency’s plan to determine if such agen3 cy’s professional development activities are in accordance

4 with section 1119.

5 ‘‘(f) PROGRAM RESPONSIBILITY.—The local edu6 cational agency plan shall reflect the shared responsibility

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

8 making decisions required under sections 1114 and 1115.

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

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

11 agency shall use funds received under this part only in

12 school attendance areas with high concentrations of chil13 dren from low-income families, hereafter in this section

14 referred to as ‘eligible school attendance areas’.

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

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

17 to a particular school, the geographical area in

18 which the children who are normally served by such

19 school reside; and

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

21 school attendance area in which the percentage of

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

23 as the percentage of children from low-income fami24 lies in the local educational agency as a whole.
48

•HR 6 RFS

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

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

3 areas, a local educational agency shall—

4 ‘‘(i) annually rank, without regard to grade

5 spans, its eligible school attendance areas in which

6 the concentration of children from low-income fami7 lies exceeds 75 percent from highest to lowest ac8 cording to the percentage of children from low-in9 come families; and

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

11 in rank order.

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

13 attendance areas under subparagraph (B), a local edu14 cational agency shall—

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

16 attendance areas from highest to lowest either by

17 grade span or for the entire local educational agency

18 according to the percentage of children from low-in19 come families; and

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

21 in rank order either within each grade-span group22 ing or within the local educational agency as a

23 whole.

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

25 measure of poverty, the number of children ages 5–17 in
49

•HR 6 RFS

1 poverty counted in the most recent census data approved

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

3 and reduced priced lunches under the National School

4 Lunch Act, the number of children in families receiving

5 assistance under Aid to Families with Dependent Children

6 or the number of children eligible to receive medical assist7 ance under the Medicaid program, or a composite of such

8 indicators, with respect to all school attendance areas in

9 the local educational agency—

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

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

12 and

13 ‘‘(C) to determine allocations under subsection

14 (c).

15 ‘‘(3) This subsection shall not apply to a local edu16 cational agency with a total enrollment of less than 1,000

17 children.

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

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

20 agency may—

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

22 area or school in which at least 50 percent of the

23 children are from low-income families;

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

25 school that is not in an eligible school attendance
50

•HR 6 RFS

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

2 families enrolled in the school is equal to or greater

3 than the percentage of such children in a participat4 ing school attendance area of such agency;

5 ‘‘(3)(A) elect not to serve an eligible school at6 tendance area or eligible school that has a higher

7 percentage of children from low-income families if—

8 ‘‘(i) the school meets the comparability re9 quirements of section 1121(c);

10 ‘‘(ii) the school is receiving supplemental

11 funds from other State or local sources that are

12 spent according to the requirements of section

13 1114 or 1115; and

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

15 sources equal or exceed the amount that would

16 be provided under this part; and

17 ‘‘(B) notwithstanding subparagraph (A), the

18 number of children attending private elementary and

19 secondary schools who are to receive services, and

20 the assistance they are to receive under this part,

21 shall be determined without regard to whether the

22 public school attendance area in which such children

23 reside is passed over under this paragraph;

24 ‘‘(4) use funds received under this part to serve

25 eligible children who reside in school attendance
51

•HR 6 RFS

1 areas served under the part and who attend schools

2 in other school attendance areas in accordance with

3 a court-ordered school desegregation plan or a plan

4 which continues to be implemented in accordance

5 with a district-wide, court-ordered desegregation

6 plan; and

7 ‘‘(5) in local educational agencies that have over

8 900,000 students, to the extent feasible, use funds

9 received under this part to serve educationally de10 prived children who reside in school attendance

11 areas having high concentrations of children from

12 low-income families and who otherwise meet the eli13 gibility requirements of this part and who attend

14 schools in noneligible attendance areas.

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

16 shall allocate funds received under this part to eligible

17 school attendance areas or eligible schools, identified

18 under subsection (a) or (b), in rank order, on the basis

19 of the total number of children from low-income families

20 in each area or school.

21 ‘‘(2)(A) Except as provided in subparagraph (B), the

22 per-pupil amount of funds allocated to each school attend23 ance area or school under paragraph (1) shall be not less

24 than 80 percent of the per-pupil amount of funds the local
52

•HR 6 RFS

1 educational agency received for such year under sections

2 1124, 1124A, and 1125.

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

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

5 school attendance area or school by the amount of any

6 supplemental State and local funds expended in such

7 school attendance area or school for programs that meet

8 the requirements of section 1114 or 1115.

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

10 funds as are necessary under this part to provide services

11 comparable to the services provided to children in schools

12 funded under this part to serve—

13 ‘‘(A) homeless children in accordance with sec14 tion 1115(b)(2)(D); and

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

16 children.

17 ‘‘SEC. 1114. SCHOOLWIDE PROGRAMS.

18 ‘‘(a) USE OF FUNDS FOR SCHOOLWIDE PRO19 GRAMS.—(1) A local educational agency may use funds

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

21 and local funds, to upgrade the entire educational program

22 in an eligible school if, for the initial year of the schoolwide

23 program, the school meets the following criteria:

24 ‘‘(A) For the school year 1995–96—
53

•HR 6 RFS

1 ‘‘(i) the school serves an eligible school at2 tendance area in which at least 65 percent of

3 the children are from low-income families; or

4 ‘‘(ii) at least 65 percent of the children en5 rolled in the school are from such families.

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

7 the percentage requirement of clauses (i) and (ii) of

8 subparagraph (A) shall be 60 percent.

9 ‘‘(2) The provisions of paragraph (1) notwithstand10 ing, a local educational agency may start new schoolwide

11 programs only after the State educational agency provides

12 written information to each local educational agency in the

13 State that—

14 ‘‘(A) demonstrates that such State agency has

15 established the statewide system of support and im16 provement required by section 1117 (c)(1) and (e);

17 and

18 ‘‘(B) describes how such statewide system, to19 gether with other providers of assistance with which

20 the State has made specific arrangements to assist

21 schoolwide programs, such as comprehensive tech22 nical assistance centers, regional laboratories, and

23 institutions of higher education, has the capability of

24 providing on-site assistance if necessary to each eli25 gible school.
54

•HR 6 RFS

1 ‘‘(3) A schoolwide program school shall use such

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

3 in the absence of funds under this part, be made available

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

5 needed to provide services that are required by law for

6 children with disabilities and children with limited English

7 proficiency.

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.—

17 (1) A schoolwide program shall include the following

18 components:

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

20 entire school that is based on information on the

21 performance of children in relation to the State’s

22 standards.

23 ‘‘(B) Schoolwide reform strategies that—
55

•HR 6 RFS

1 ‘‘(i) provide opportunities for all children

2 to meet the State’s ‘proficient’ and ‘advanced’

3 performance standards expected of all children;

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

5 means of improving the achievement of chil6 dren;

7 ‘‘(iii) use effective instructional strategies

8 which may include the integration of vocational

9 and academic learning (including applied learn10 ing and team teaching strategies) that increase

11 the amount and quality of learning time, such

12 as providing an extended school year and

13 before- and after-school programs and opportu14 nities, and help provide an enriched and accel15 erated curriculum rather than remedial drill

16 and practice, and that incorporate gender-equi17 table methods and practices;

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

19 the school, but particularly the needs of low20 achieving children, children with limited-English

21 proficiency, children from migratory families,

22 and children who are members of the target

23 population of any program that is included in

24 the schoolwide program, address how the school

25 will determine if such needs have been met, de-
56

•HR 6 RFS

1 scribe the current program being offered to lim2 ited-English proficient students, and address

3 how the school will build upon, expand, or co4 ordinate the schoolwide program with the cur5 rent program; and

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

7 to implement, the State and local reform plans,

8 if any, approved under title III of the Goals

9 2000: Educate America Act.

10 ‘‘(C) Instruction by highly qualified professional

11 staff.

12 ‘‘(D) Intensive and sustained professional devel13 opment for teachers, principals, and other staff, in14 cluding aides, in accordance with section 1120, to

15 enable all children in the school to meet the State’s

16 performance standards.

17 ‘‘(E) Strategies to increase parental involve18 ment, including family literary services.

19 ‘‘(F) Plans for assisting preschool children in

20 the transition from early childhood programs, such

21 as Head Start, Even Start, or a State-run preschool

22 program, to local elementary school programs.

23 ‘‘(G) Additionally, in schools serving children

24 beyond grade six, in coordination with funds avail-
57

•HR 6 RFS

1 able from other programs and, as appropriate, draw2 ing on private and public organizations—

3 ‘‘(i) counseling and mentoring services;

4 ‘‘(ii) college and career awareness, explo5 ration, and preparation, such as college and ca6 reer guidance, comprehensive career develop7 ment, occupational information, enhancement of

8 employability and occupational skills, personal

9 finance education, job placement services, and

10 innovative teaching methods which may include

11 applied learning and team teaching strategies;

12 and

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

14 transition from school to work, including the

15 formation of partnerships between elementary,

16 middle, and secondary schools and local busi17 nesses, and the integration of school-based and

18 work-based learning.

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

20 schoolwide program shall first develop, in consultation

21 with the local educational agency and its school support

22 team or other technical assistance provider consistent with

23 the provisions in subsection (c)(1) and (e) of section 1117,

24 a comprehensive plan for reforming the total instructional

25 program in the school that—
58

•HR 6 RFS

1 ‘‘(i) incorporates the components described in

2 paragraph (1);

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

4 under this part and from other sources to implement

5 such components;

6 ‘‘(iii) includes a list of State and local edu7 cational agency programs and other Federal pro8 grams under paragraph (a)(3) that will be included

9 in the schoolwide program; and

10 ‘‘(iv) describes how the school will provide indi11 vidual student assessment results, including an in12 terpretation of those results, to the parents of a

13 child who participates in the assessment required by

14 section 1111(b)(3).

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

16 standards and a set of assessments that meet the criteria

17 in section 1111(b) (1) and (3) shall be based on an analy18 sis of available data on the achievement of students in the

19 school and a review of the school’s instructional practices

20 in the context of available research on effective instruc21 tional and school improvement practices.

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

23 ‘‘(i) developed during a one-year period, un24 less—
59

•HR 6 RFS

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

2 the recommendation of the technical assistance

3 providers under section 1117, determines that

4 less time is needed to develop and implement

5 the schoolwide program; or

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

7 program at the time this section takes effect, in

8 which case it may continue to operate such pro9 gram, but shall develop a new plan during the

10 first year to reflect the provisions of this

11 section;

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

14 it out, including teachers, principals, other staff,

15 parents, and, if the plan relates to a secondary

16 school, students from the school;

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

18 school;

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

20 with the information contained in such plan trans21 lated, to the extent feasible, into any language that

22 a significant percentage of the parents of participat23 ing children in the school speak as their primary

24 language; and
60

•HR 6 RFS

1 ‘‘(v) developed where appropriate in coordina2 tion with programs under the School-to-Work Op3 portunities Act, the Carl D. Perkins Vocational and

4 Applied Technology Education Act, and the National

5 and Community Service Trust Fund Act.

6 ‘‘(c) ACCOUNTABILITY.—

7 ‘‘(1) As provided in subsection (c) of section

8 1116, each schoolwide program shall be subject to

9 school improvement for failure to make adequate

10 progress for two consecutive years.

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

12 improvement under such subsection that has not

13 made adequate progress by the third year following

14 such identification shall be subject to corrective ac15 tions by the local educational agency, as well as,

16 where appropriate, termination of schoolwide pro17 gram status.

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

19 status may not regain such status until the local

20 educational agency determines that the school has

21 adequately reformed its schoolwide program plan to

22 enable it to make adequate progress toward meeting

23 the State’s challenging performance standards.
61

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1 ‘‘SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

2 ‘‘(a) IN GENERAL.—In all schools selected to partici3 pate under section 1113 that are ineligible for a

4 schoolwide program, or that choose not to operate a

5 schoolwide program, a local educational agency may use

6 funds received under this part only for programs that pro7 vide services to eligible children identified as having the

8 greatest need for special assistance.

9 ‘‘(b) ELIGIBLE CHILDREN.—(1)(A) The eligible pop10 ulation for services under this part is—

11 ‘‘(i) children up to age 21 who are entitled to

12 a free public education through grade 12; and

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

14 where the local educational agency provides a free

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

16 benefit from an organized instructional program pro17 vided in a school or other educational setting.

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

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

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

21 challenging performance standards on the basis of mul22 tiple, educationally related, objective criteria established

23 by the local educational agency and supplemented by the

24 school, except that children from preschool through grade

25 two shall be selected solely on the basis of such criteria
62

•HR 6 RFS

1 as teacher judgment, interviews with parents, and devel2 opmentally appropriate measures.

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

4 disability or limited English proficiency are eligible for

5 services under this part on the same basis as other chil6 dren selected to receive services under this part.

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

8 to provide services that are otherwise required by law to

9 be made available to such children.

10 ‘‘(B) A child who, at any time in the previous two

11 years, participated in a Head Start, Even Start, or State12 run preschool program shall be automatically eligible for

13 services under this part.

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

15 years received services under the program for delinquent

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

17 of this title (or its predecessor authority) may be eligible

18 for services under this part.

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

20 delinquent children or attending a community day pro21 gram for such children is eligible for services under this

22 part.

23 ‘‘(D) A local educational agency shall use funds re24 ceived under this part to serve eligible homeless children

25 who attend a school in the local educational agency that
63

•HR 6 RFS

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

2 local educational agency shall use funds received under

3 this part to serve eligible homeless children who attend

4 schools in noneligible attendance areas, including provid5 ing educationally related support services to children in

6 shelters, where appropriate.

7 ‘‘(c) COMPONENTS OF A TARGETED ASSISTANCE

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

9 schools and local educational agencies to meet their re10 sponsibility to provide all students with the opportunity

11 to meet the State’s challenging performance standards,

12 each targeted assistance program under this section

13 shall—

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

15 participating children meet the challenging perform16 ance standards expected for all children;

17 ‘‘(B) be based on research on effective means

18 for improving achievement of children;

19 ‘‘(C) use effective instructional strategies

20 that—

21 ‘‘(i) give primary consideration to provid22 ing extended learning time such as an extended

23 school year and before- and after-school pro24 grams and opportunities;
64

•HR 6 RFS

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

2 curriculum, including applied learning, rather

3 than remedial drill and practice; and

4 ‘‘(iii) minimize removing children from the

5 regular classroom for instruction provided

6 under this part;

7 ‘‘(D) be coordinated with and support the regu8 lar program in providing an enriched and acceler9 ated curriculum for eligible children;

10 ‘‘(E) provide instruction by highly qualified pro11 fessional staff;

12 ‘‘(F) provide opportunities for intensive and

13 sustained professional development in accordance

14 with section 1119 with resources under this part and

15 from other sources for administrators and for teach16 ers and other school staff who work with participat17 ing children in programs under this section or in the

18 regular education program;

19 ‘‘(G) provide strategies to increase parental in20 volvement, including family literary services;

21 ‘‘(H) provide plans for assisting preschool chil22 dren in the transition from early childhood pro23 grams, such as Head Start, Even Start, or a State24 run preschool program, to local elementary school

25 programs; and
65

•HR 6 RFS

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

2 children beyond grade six, in coordination with

3 funds available from other programs and, as appro4 priate, drawing on private and public organiza5 tions—

6 ‘‘(i) counseling and mentoring;

7 ‘‘(ii) college and career awareness and

8 preparation, such as college and career guid9 ance, comprehensive career development, en10 hancement of employability skills, personal fi11 nance education, and job placement services;

12 and

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

14 transition from school to work, including the

15 formation of partnerships between elementary,

16 middle, and secondary schools and local busi17 nesses.

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

19 section shall develop, in consultation with the local edu20 cational agency, a plan to assist participating children to

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

22 standards that describes—

23 ‘‘(i) the selection of children to participate in

24 accordance with subsection (b);
66

•HR 6 RFS

1 ‘‘(ii) the program to be conducted that incor2 porates the components described in paragraph (1)

3 and how the resources provided under this part will

4 be coordinated with other resources to enable the

5 children served to meet the State’s standards;

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

7 basis, the progress of participating children and re8 vise the program, if necessary, to provide additional

9 assistance to enable such children to meet the

10 State’s challenging performance standards such as

11 an extended school year and before- and after-school

12 programs and opportunities, training for teachers re13 garding how to identify students that require addi14 tional assistance, and training for teachers regarding

15 how to implement performance standards in the

16 classroom; and

17 ‘‘(iv) if the school is eligible to operate a

18 schoolwide program under section 1114, why it

19 chose not to do so.

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

21 standards and a set of assessments that meet the criteria

22 of section 1111(b) (1) and (3) shall be based on an analy23 sis of available data on the achievement of participating

24 children and a review of the school’s instructional prac-
67

•HR 6 RFS

1 tices in the context of available research on effective in2 structional practices.

3 ‘‘(C) Each plan shall be—

4 ‘‘(i) developed with the involvement of the com5 munity to be served and the individuals who will

6 carry it out, including teachers, administrators,

7 other staff, parents, representatives from business

8 and industry, and, if the plan relates to a secondary

9 school, students from the school;

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

11 and made available to parents and the information

12 contained therein translated, to the extent feasible,

13 into any language that a significant percentage of

14 the parents of participating children in the school

15 speak as their primary language; and

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

17 school.

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

19 integration of staff paid with funds under this part and

20 children served under this part into the regular school pro21 gram and overall school planning and improvement ef22 forts, public school personnel who are paid with funds re23 ceived under this part may—

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

25 similar personnel who are not so paid, including du-
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1 ties beyond classroom instruction or that do not ben2 efit participating children so long as the amount of

3 time spent on such duties is the same proportion of

4 total work time as prevails with respect to similar

5 personnel at the same school;

6 ‘‘(2) participate in general professional develop7 ment and school planning activities; and

8 ‘‘(3) collaboratively teach with regular class9 room teachers, so long as their efforts directly bene10 fit participating children.

11 ‘‘SEC. 1115A. SCHOOL CHOICE.

12 ‘‘(a) CHOICE PROGRAMS.—A local educational agen13 cy may use funds under this part, in combination with

14 other Federal, State, local, and private funds to develop

15 and implement choice programs, for children eligible for

16 assistance under this title, which permit parents to select

17 the public school that their children will attend.

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

19 chooses to implement a school choice plan shall first de20 velop a comprehensive plan that includes assurances

21 that—

22 ‘‘(1) all eligible students across grade levels will

23 have equal access to the program;

24 ‘‘(2) the program does not include schools

25 which follow a racially discriminatory policy;
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1 ‘‘(3) describe how the school will use resources

2 under this part and from other sources to implement

3 such components;

4 ‘‘(4) describe how the school will provide indi5 vidual student assessment results, including an in6 terpretation of such results, to the parents of a child

7 who participates in the assessment required by sec8 tion 1111(b)(3);

9 ‘‘(5) the plan will be developed with the involve10 ment of the community to be served and individuals

11 who will carry it out, including teachers, principals,

12 and other staff, parents, and, if the plan relates to

13 a secondary school, students from the school;

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

15 and the public; and

16 ‘‘(7) the program shall not include schools that

17 do not receive funds under this title.

18 ‘‘SEC. 1116. ASSESSMENT AND SCHOOL AND LOCAL EDU19 CATIONAL AGENCY IMPROVEMENT.

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

21 receiving funds under this part shall—

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

23 State plan and any additional measures described in

24 the local educational agency’s plan to review annu25 ally the progress of each school served under this
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1 part to determine whether the school is meeting, or

2 making adequate progress as defined in section

3 1111(b)(2)(A)(i) or section 1112(b)(2), as appro4 priate, toward enabling its students to meet, the

5 State’s performance standards;

6 ‘‘(2) publicize and disseminate to teachers, par7 ents, students, and the community the results of the

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

9 schools served under this part in individual school

10 performance profiles that include disaggregated re11 sults as required by section 1111(b)(3)(G); and

12 ‘‘(3) provide the results of the local annual re13 view to schools so that they can continually refine

14 the program of instruction to help all children in

15 such schools to meet the State’s high performance

16 standards.

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

18 Each State educational agency and local educational agen19 cy receiving funds under this part shall designate distin20 guished schools in accordance with section 1117.

21 ‘‘(c) SCHOOL IMPROVEMENT.—(1) A local edu22 cational agency shall identify for school improvement any

23 school served under this part that—

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

25 section 1021 of chapter 1 of title I of the Elemen-
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1 tary and Secondary Education Act of 1965, as in ef2 fect before the effective date of the Improving Amer3 ica’s Schools Act of 1994, for at least two consecu4 tive school years prior to such date;

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

7 1111(b)(2)(A)(i) or section 1112(b)(2), as appro8 priate, for two consecutive school years; or

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

10 by the State through its interim procedure under

11 section 1111(b)(5)(C) for two consecutive years.

12 ‘‘(2) A school shall not be identified for school im13 provement if virtually all its students meet the State’s ad14 vanced performance standards.

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

16 shall—

17 ‘‘(i) in consultation with parents, the local edu18 cational agency, and, for schoolwide programs, the

19 school support team, revise its school plan under

20 section 1114 or 1115 in ways that have the greatest

21 likelihood of improving the performance of partici22 pating children in meeting the State’s performance

23 standards including reviewing the school’s plan in

24 the context of the State’s model opportunity-to-learn

25 standards; and
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•HR 6 RFS

1 ‘‘(ii) submit the revised plan to the local edu2 cational agency for approval.

3 ‘‘(B) Before identifying a school for program im4 provement under paragraph (1), the local educational

5 agency shall provide the school with an opportunity to re6 view the school-level data, including assessment data, on

7 which such identification would be based. If the school be8 lieves that its identification for school improvement would

9 be in error, it may provide evidence to the local edu10 cational agency to support such belief.

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

12 identification under paragraph (1), the school shall imple13 ment its revised plan.

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

15 the local educational agency shall make technical assist16 ance available as the school determines why the school’s

17 plan failed to bring about increased achievement and de18 velop and implement its revised plan. Such technical as19 sistance may be provided directly by the local educational

20 agency, through mechanisms authorized under section

21 1117, or by an institution of higher education, a private

22 nonprofit organization, an educational service agency,

23 Federal technical assistance centers under part D of title

24 II of this Act, or other entities with experience in helping

25 schools improve achievement.
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1 ‘‘(5)(A) After providing technical assistance pursuant

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

3 local educational agency may take corrective action at any

4 time against a school that has been identified under para5 graph (1), but, during the third year following identifica6 tion under paragraph (1), shall take such action against

7 any school that still fails to make adequate progress.

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

9 educational agency plan adopted in compliance with State

10 law, which may include implementing the State’s model

11 opportunity-to-learn standards, decreasing decisionmaking

12 authority at the school level, making alternative govern13 ance arrangements such as the creation of a charter

14 school, reconstituting the school staff, authorizing stu15 dents to transfer, including paying transportation costs to

16 other schools in the local educational agency, and in the

17 case of schoolwide programs, terminating schoolwide sta18 tus.

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

20 ‘‘(A) make technical assistance under section

21 1117 available to the schools furthest from meeting

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

23 local 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 which may include actions in compliance with State

3 law to withhold or transfer funds and authority from

4 schools that are failing to make adequate progress

5 as defined in section 1111(b)(2), as will assure ade6 quate progress for all students.

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

8 following identification under paragraph (1) make ade9 quate progress toward meeting the State’s ‘proficient’ and

10 ‘advanced’ performance standards no longer need to be

11 identified for school improvement.

12 ‘‘(d) STATE REVIEW AND LOCAL EDUCATIONAL

13 AGENCY IMPROVEMENT.—(1) A State educational agency

14 shall—

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

16 educational agency receiving funds under this part

17 to determine whether all students in schools receiv18 ing assistance under this part are making adequate

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

20 section 1112(b)(2), as appropriate, toward meeting

21 the State’s performance standards; and

22 ‘‘(B) publicize and disseminate to teachers, par23 ents, students, and the community the results of the

24 State review, including disaggregated results, as re25 quired by section 1111(b)(3)(G).
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1 ‘‘(2) In the case of a local educational agency that

2 for three consecutive years has a school or schools receiv3 ing assistance under this part which have exceeded the

4 State’s definition of adequate progress as defined in sec5 tion 1111(b)(2)(A)(ii) or section 1112(b)(2), as appro6 priate, the State may make institutional and individual re7 wards of the kinds described for individual schools in sub8 section 1117(c)(2)(B).

9 ‘‘(3) A State educational agency shall identify for im10 provement any local educational agency that—

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

12 schools receiving assistance under this part that are

13 not making adequate progress as defined in section

14 1111(b)(2)(A)(ii) or section 1112(b)(2), as appro15 priate, toward meeting the State’s performance

16 standards; or

17 ‘‘(B) has failed to meet the criteria established

18 by the State through its interim procedure under

19 section 1111(b)(8)(A) for two consecutive years.

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

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

22 and educational experts, revise its local educational agency

23 plan under section 1112 in ways that have the greatest

24 likelihood of improving the performance of its schools in

25 meeting the State’s performance standards, including re-
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1 viewing the local educational agency’s plan in the context

2 of the State’s model opportunity-to-learn standards, and

3 submit such plan to the State educational agency for

4 approval.

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

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

7 ‘‘(A) determine why the local educational agen8 cy’s plan failed to bring about increased achieve9 ment;

10 ‘‘(B) provide technical assistance, if requested,

11 as authorized under section 1117 to better enable

12 the local educational agency to develop and imple13 ment its revised plan and work with schools needing

14 improvement; and

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

16 agencies furthest from meeting the State’s stand17 ards, if requested, assistance under section 1117.

18 Technical assistance under subparagraph (B) may be pro19 vided by the State educational agency directly, or by an

20 institution of higher education, a private nonprofit organi21 zation, an educational service agency or other local consor22 tium, a technical assistance center, or other entities with

23 experience in assisting local education agencies improve

24 achievement.
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1 ‘‘(6)(A) After providing technical assistance pursuant

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

3 State educational agency may take corrective action at any

4 time against a local educational agency that has been iden5 tified under paragraph (3), but, during the fourth year

6 following identification under paragraph (3), shall take

7 such action against any local educational agency that still

8 fails to make adequate progress.

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

10 educational agency plan adopted in compliance with State

11 law, which may include implementing the State’s model

12 opportunity-to-learn standards, reconstitution of district

13 personnel, appointment by the State educational agency

14 of a receiver or trustee to administer the affairs of the

15 local educational agency in place of the superintendent

16 and school board, removal of particular schools from the

17 jurisdiction of the local educational agency and establish18 ment of alternative arrangements for governing and super19 vising such schools, the abolition or restructuring of the

20 local educational agency, and the authorizing of students

21 to transfer from 1 local educational agency to another.

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

23 of the three years following identification under paragraph

24 (3) make adequate progress toward meeting the State’s
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1 standards no longer need to be identified for local edu2 cational agency improvement.

3 ‘‘(e) STATE ALLOCATIONS FOR SCHOOL IMPROVE4 MENT.—From the amount appropriated under section

5 1002(6) for any fiscal year, each State shall be eligible

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

7 amount appropriated as the amount allocated to the State

8 under sections 1124, 1124A, and 1125 bears to the total

9 amount allocated to all States under such sections, except

10 that each State shall receive at least $180,000, or $30,000

11 in the case of Guam, American Samoa, the Virgin Islands,

12 the Northern Marianas, and Palau (until the Compact of

13 Free Association goes into effect).

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

15 IMPROVEMENT.

16 ‘‘(a) SYSTEM FOR SUPPORT.—(1) Each State edu17 cational agency shall establish a statewide system of inten18 sive and sustained support and improvement for schools

19 receiving funds under this title, including all schoolwide

20 programs and all schools in need of program improvement,

21 in order to increase the opportunity for all students in

22 such schools to meet the State’s content and performance

23 standards.

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

25 shall be used to meet the requirements of this section. In
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1 addition and notwithstanding section 1002(1), a State or

2 local educational agency may use funds made available

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

4 such requirements.

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

6 shall be linked to and receive support and assistance from

7 the regional technical assistance centers authorized under

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

9 section 205 of the General Education Provisions Act.

10 ‘‘(c) PROVISIONS.—The system shall include at a

11 minimum the following:

12 ‘‘(1) SCHOOL SUPPORT TEAMS.—

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

14 educational agencies, shall establish a system of

15 school support teams to provide information

16 and assistance to each schoolwide program and

17 to assist such program in providing an oppor18 tunity to all students to meet the State’s per19 formance standards.

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

21 individuals with experience in successfully im22 proving the educational opportunities for low

23 achieving students, especially individuals identi24 fied in paragraph (3), and individuals knowl25 edgeable about research and practice on teach-
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•HR 6 RFS

1 ing and learning, including alternative and

2 applied learning, especially for low achieving

3 students.

4 ‘‘(C) A school support team shall work

5 with each school as it develops its schoolwide

6 program plan, review each plan, and make rec7 ommendations to the school and the local edu8 cational agency.

9 ‘‘(D) During the operation of the

10 schoolwide programs, a school support team

11 shall periodically review the progress of the

12 school in enabling children in the school to meet

13 the State’s performance standards, identify

14 problems in the design and operation of the in15 structional program, and make suggestions for

16 the improvement to the school and the local

17 educational agency.

18 ‘‘(2) DISTINGUISHED SCHOOLS.—

19 ‘‘(A) Each State shall designate as a dis20 tinguished school any school served under this

21 part which, for 3 consecutive years, has ex22 ceeded the State’s definition of adequate

23 progress as defined in section 1111(b)(2), and,

24 any school in which virtually all students have

25 met the State’s advanced performance stand-
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1 ards and in which equity in participation and

2 achievement of students by sex has been

3 achieved or significantly improved.

4 ‘‘(B) Schools designated under this para5 graph may serve as models and provide support

6 to other schools, especially schoolwide programs

7 and schools in program improvement, to assist

8 such schools in meeting the State’s performance

9 standards.

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

11 section 1002(6) to allow schools identified

12 under this paragraph to carry out the activities

13 described in subparagraph (B) and may use

14 such funds to provide awards to such schools to

15 further their education programs under this

16 part, provide additional incentives for continued

17 success, and reward individuals or groups in the

18 school for exemplary performance.

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

20 recognize the success of a distinguished school

21 by providing additional institutional and indi22 vidual rewards, such as greater decisionmaking

23 authority at the school building level, increased

24 access to resources or supplemental services

25 such as summer programs that may be used to
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1 sustain or increase success, additional profes2 sional development opportunities, opportunities

3 to participate in special projects, and individual

4 financial bonuses.

5 ‘‘(3) DISTINGUISHED EDUCATORS.—

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

7 schools and local educational agencies identified

8 as needing improvement or schoolwide pro9 grams, each State, in consultation with local

10 educational agencies and using funds available

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

12 distinguished educators.

13 ‘‘(B) When possible, distinguished edu14 cators shall be chosen from schools served

15 under this part that have been especially suc16 cessful in enabling children to meet or make

17 outstanding progress toward meeting the

18 State’s performance standards, such as the

19 schools described in paragraph (2).

20 ‘‘(C) Distinguished educators shall provide,

21 as part of the statewide system, intensive and

22 sustained assistance to the schools and local

23 educational agencies furthest from meeting the

24 State’s standards and schoolwide programs as

25 they develop and implement their plans, includ-
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1 ing participation in the support teams described

2 in paragraph (1).

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

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

5 for teachers and administrators, travel, training, and

6 other related costs.

7 ‘‘(e) ALTERNATIVES.—If a State has devised alter8 native or additional approaches to providing the assistance

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

10 as providing assistance through institutions of higher edu11 cation and educational service agencies or other local con12 sortia, the State may seek approval from the Secretary

13 to use funds authorized in section 1002(6) for such ap14 proaches as part of the State plan.

15 ‘‘SEC. 1118. PARENTAL INVOLVEMENT.

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

17 receive funds under this part only if it implements pro18 grams, activities, and procedures for the involvement of

19 parents in programs assisted under this title. Such activi20 ties shall be planned and implemented with meaningful

21 consultation with parents of participating children.

22 ‘‘(b) LOCAL EDUCATIONAL AGENCY POLICY.—(1)

23 Each local educational agency that receives funds under

24 this part shall develop jointly with, and make available to,

25 parents of participating children a written parental in-
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1 volvement policy that is incorporated into the local edu2 cational agency’s plan developed under section 1112, es3 tablishes the expectations for parental involvement, and

4 describes how the local educational agency will—

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

6 plan described under section 1112, and the process

7 of school review and improvement described under

8 section 1116;

9 ‘‘(B) provide the coordination, technical assist10 ance, and other support necessary to assist partici11 pating schools in planning and implementing effec12 tive parent involvement;

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

14 strong parent involvement as described in subsection

15 (f);

16 ‘‘(D) coordinate and integrate parental involve17 ment strategies in this part with parental involve18 ment strategies under other programs, including

19 Head Start, Even Start, Parents as Teachers, and

20 State-run preschool programs; and

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

22 an annual evaluation of the content and effectiveness

23 of the parental involvement policy developed under

24 this section in increasing the participation of parents

25 to identify barriers to greater participation by par-
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1 ents in activities authorized by this section, giving

2 particular attention to parents who are economically

3 disadvantaged, are disabled, have limited-English

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

5 or ethnic minority background and use the findings

6 of such reviews in designing strategies for school

7 improvement.

8 ‘‘(2) If the local educational agency has an agency9 wide parental involvement policy that applies to all par10 ents, it may amend such policy, if necessary, to meet the

11 requirements of this subsection.

12 ‘‘(3) Each local educational agency shall reserve not

13 less than 1 percent of its allocation under this part for

14 the purposes of carrying out this section, including family

15 literacy and parenting skills.

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

17 Each school served under this part shall jointly develop

18 with, and make available to, parents of participating chil19 dren a written parental involvement plan that shall be in20 corporated into the school plan developed under section

21 1114 or 1115 and shall describe the means for carrying

22 out the requirements of subsections (c) through (f).

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

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

25 necessary, to meet the requirements of this subsection.
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1 ‘‘(d) POLICY INVOLVEMENT.—Each school served

2 under this part shall—

3 ‘‘(1) convene an annual meeting, at a conven4 ient time, to which all parents of participating chil5 dren shall be invited and encouraged to attend, to

6 inform parents of the school’s participation under

7 this part and to explain this part, its requirements,

8 and the parent’s right to be involved;

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

10 and timely way, in the planning, review, and im11 provement of programs under this part, including

12 the development of the school plan under section

13 1114 or 1115 or if a school has in place a process

14 for involving parents in the planning and design of

15 its programs, the school may use such process, pro16 vided that the process includes an adequate rep17 resentation of parents of participating children; and

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

19 ‘‘(A) timely information about programs

20 under this part;

21 ‘‘(B) school performance profiles required

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

23 assessment results, including an interpretation

24 of such results, required under section

25 1111(b)(3);
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1 ‘‘(C) opportunities for regular meetings to

2 formulate suggestions, if such parents so desire;

3 and

4 ‘‘(D) timely responses to parents’ rec5 ommendations.

6 ‘‘(e) SHARED RESPONSIBILITIES FOR HIGH STU7 DENT PERFORMANCE.—As a component of the school8 level parental involvement plan developed under subsection

9 (b), each school served under this part shall jointly develop

10 with parents for all children a school-parent compact that

11 outlines how parents, the entire school staff, and students

12 will share the responsibility for improved student achieve13 ment and the means by which the school and parents will

14 build and develop a partnership to help children achieve

15 the State’s high standards. Such compact shall—

16 ‘‘(1) describe the school’s responsibility to pro17 vide high-quality curriculum and instruction in a

18 supportive and effective learning environment that

19 enable the children to meet the State’s challenging

20 performance standards, and the ways in which each

21 parent will be responsible for supporting his or her

22 children’s learning, including monitoring attendance,

23 homework completion, television watching, and posi24 tive use of extracurricular time; and
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1 ‘‘(2) address the importance of communication

2 between teachers and parents on an ongoing basis

3 through at a minimum—

4 ‘‘(A) parent-teacher conferences in elemen5 tary schools, at least annually, during which the

6 compact shall be discussed as it relates to the

7 individual child’s achievement;

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

9 children’s progress; and

10 ‘‘(C) reasonable access to staff and obser11 vation of classroom activities.

12 ‘‘(f) BUILDING CAPACITY FOR INVOLVEMENT.—To

13 ensure effective involvement of parents and to support a

14 partnership among the school, parents, and the commu15 nity to improve student achievement, each school and local

16 educational agency—

17 ‘‘(1) shall provide assistance to participating

18 parents in such areas as understanding the National

19 Education Goals, the State’s content and perform20 ance standards, opportunity-to-learn standards,

21 State and local assessments, the requirements of this

22 part, and how to monitor a child’s progress and

23 work with educators to improve the performance of

24 their children;
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1 ‘‘(2) shall provide materials and training, in2 cluding—

3 ‘‘(A) coordinating necessary literacy train4 ing from other sources to help parents work

5 with their children to improve their children’s

6 achievement;

7 ‘‘(B) training to enable parents to work

8 more effectively with teachers, schools, and

9 school systems; and

10 ‘‘(C) in the case of a school using funds

11 under this part to operate a preschool program,

12 opportunities for parents to learn about child

13 development and child rearing issues beginning

14 at birth;

15 ‘‘(3) shall educate teachers, principals, and

16 other staff in the value and utility of contributions

17 of parents, and in how to reach out to, communicate

18 with, and work with parents as equal partners, im19 plement and coordinate parent programs, and build

20 ties between home and school;

21 ‘‘(4) shall develop appropriate roles for commu22 nity-based organizations and businesses in parent in23 volvement activities, including providing information

24 about opportunities for them to work with parents

25 and schools, and encouraging the formation of part-
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•HR 6 RFS

1 nerships between elementary, middle, and secondary

2 schools and local businesses that include a role for

3 parents;

4 ‘‘(5) shall ensure, to the extent possible, that

5 information related to school and parent programs,

6 meetings, and other activities is sent to the homes

7 of participating children in the language used in

8 such homes;

9 ‘‘(6) shall involve parents in the development of

10 training for teachers, principals, and other educators

11 for the purpose of improving the effectiveness of

12 such training in improving instruction and services

13 to the children of such parents;

14 ‘‘(7) may provide necessary literacy training

15 from funds received under this part if the local edu16 cational agency has exhausted all other reasonably

17 available sources of funding for such activities;

18 ‘‘(8) may pay reasonable and necessary ex19 penses associated with local parental involvement ac20 tivities, including transportation and child care costs

21 to enable parents to participate in school-related

22 meetings and training sessions;

23 ‘‘(9) may coordinate and integrate parent in24 volvement programs and activities with Head Start,
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1 Even Start, Parents as Teachers, and State-run pre2 school programs;

3 ‘‘(10) may train and support parents to en4 hance the involvement of other parents;

5 ‘‘(11) may arrange meetings at a variety of

6 times, such as in the mornings and evenings in order

7 to maximize opportunities of parents to participate

8 in school related activities;

9 ‘‘(12) may arrange for teachers or other edu10 cators, who work directly with participating children,

11 to conduct in-home conferences with parents who are

12 unable to attend such conferences at school; and

13 ‘‘(13) may adopt and implement model ap14 proaches to improving parental involvement such as

15 Even Start.

16 ‘‘(g) ACCESSIBILITY.—In carrying out the parental

17 involvement requirements of this part, local educational

18 agencies and schools shall, to the extent practicable, en19 sure that parents of limited-English proficient children or

20 disabled children are afforded the same access to parental

21 involvement opportunities as their children are afforded to

22 other programs funded under this part, including the pro23 vision of information in a language and form that the par24 ents of such children can understand.
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1 ‘‘SEC. 1119. PROFESSIONAL DEVELOPMENT.

2 ‘‘(a) PROGRAM REQUIREMENTS.—(1) Local edu3 cational agencies receiving assistance under this part shall

4 provide high-quality, sustained professional development

5 that will improve the teaching of the core academic sub6 jects, consistent with the State content standards, in order

7 to enable all children to meet the State’s performance

8 standards.

9 ‘‘(2) Professional development activities shall be de10 signed by teachers and other school staff in schools receiv11 ing assistance under this part.

12 ‘‘(b) PROFESSIONAL DEVELOPMENT ACTIVITIES.—

13 ‘‘(1) Professional development activities shall—

14 ‘‘(A) support instructional practices that

15 are geared to challenging State content stand16 ards and create a school environment conducive

17 to high achievement in the core academic sub18 jects;

19 ‘‘(B) support local educational agency

20 plans under section 1112 and school plans

21 under sections 1114 and 1115;

22 ‘‘(C) draw on resources available under

23 this part, title III of the Goals 2000: Educate

24 American Act, part A of title II of this Act, and

25 from 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 in16 stitutions of higher education to establish

17 school-based teacher training programs that

18 provide prospective teachers and novice teachers

19 with an opportunity to work under the guidance

20 of experienced teachers and college faculty;

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

22 ‘‘(E) the creation of career ladder pro23 grams for paraprofessionals (assisting teachers

24 under this part) to obtain the education nec-
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1 essary for them to become licensed and certified

2 teachers;

3 ‘‘(F) instruction in ways to teach special

4 needs children;

5 ‘‘(G) instruction in gender-equitable edu6 cation methods, techniques, and practices;

7 ‘‘(H) joint professional development activi8 ties involving programs under this part, Head

9 Start, Even Start, or State-run preschool pro10 gram personnel; and

11 ‘‘(I) instruction in experiential-based teach12 ing methods such as service learning.

13 ‘‘(c) PROGRAM REQUIREMENTS.—Programs should

14 be designed so that—

15 ‘‘(1) all school staff in schoolwide program

16 schools can participate in professional development

17 activities;

18 ‘‘(2) all school staff in targeted assistance

19 schools may participate in professional development

20 activities if such participation will result in better

21 addressing the needs of students served under this

22 part.

23 ‘‘(d) PARENTAL PARTICIPATION.—Parents may par24 ticipate in professional development activities under this
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1 part if the school determines that parental participation

2 would be appropriate.

3 ‘‘(e) CONSORTIA.—In carrying out such professional

4 development programs, local educational agencies may

5 provide such services through consortia arrangements with

6 other local educational agencies, educational service agen7 cies or other local consortia, institutions of higher edu8 cation or other public or private institutions or organiza9 tions.

10 ‘‘(f) EFFECTIVE TEACHING STRATEGIES.—Knowl11 edge of effective teaching strategies that is gained through

12 professional development activities under this section may

13 be shared with teachers who are not participating in

14 schoolwide or targeted assistance programs under this

15 part.

16 ‘‘(g) COMBINATIONS OF FUNDS.—Funds provided

17 under this part that are used for professional development

18 purposes may be combined with funds provided under part

19 A of title II of this Act, title III of the Goals 2000: Edu20 cate America Act, and other sources.

21 ‘‘(h)(1) The State educational agency shall review the

22 local educational agency’s plan to determine if such agen23 cy’s professional development activities—

24 ‘‘(A) are tied to challenging State student con25 tent and performance standards;
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1 ‘‘(B) reflect recent research on teaching and

2 learning;

3 ‘‘(C) are of sufficient intensity and duration to

4 have a positive impact on the teacher’s performance

5 in the classroom;

6 ‘‘(D) are part of the everyday activities of the

7 school and create an orientation toward continuous

8 improvement in the classroom or throughout the

9 school;

10 ‘‘(E) include methods to teach children with

11 special needs;

12 ‘‘(F) are developed with the extensive participa13 tion of teachers; and

14 ‘‘(G) include gender-equitable education meth15 ods, techniques, and practices.

16 ‘‘(2) If a local educational agency’s plan for profes17 sional development does not meet such criteria, the State

18 educational agency shall assist such local educational

19 agencies in making progress toward inclusion of such ele20 ments in the local educational agency’s professional devel21 opment activities.

22 ‘‘(i) INSTRUCTIONAL AIDES.—(1) If a local edu23 cational agency uses funds received under this part to em24 ploy instructional aides, the local educational agency shall

25 ensure that such aides—
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1 ‘‘(A) possess the knowledge and skills sufficient

2 to assist participating children in meeting the edu3 cational goals of this part;

4 ‘‘(B)(i) have a high school diploma, a General

5 Education Development certificate, or earn either

6 within 2 years of employment, except that

7 ‘‘(ii) a local educational agency may employ an

8 instructional aide that does not meet the require9 ment in clause (i) if such aide possesses proficiency

10 in a language other than English that is needed to

11 enhance the participation of children in programs

12 under this part; and

13 ‘‘(C) are under the direct supervision of a

14 teacher who has primary responsibility for providing

15 instructional services to eligible children.

16 ‘‘(2) Local educational agencies receiving funds under

17 this part shall include instructional aides in professional

18 development activities.

19 ‘‘SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN

20 PRIVATE SCHOOLS.

21 ‘‘(a) GENERAL REQUIREMENT.—(1) To the extent

22 consistent with the number of eligible children identified

23 under section 1115(b) in a local educational agency who

24 are enrolled in private elementary and secondary schools,

25 a local educational agency shall, after timely and meaning-
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1 ful consultation with appropriate private school officials,

2 provide such children, on an equitable basis, special edu3 cational services or other benefits under this part (such

4 as dual enrollment, educational radio and television, com5 puter equipment and materials, other technology, and mo6 bile educational services and equipment).

7 ‘‘(2) The educational services or other benefits, in8 cluding materials and equipment, must be secular, neutral,

9 and nonideological.

10 ‘‘(3) Educational services and other benefits for such

11 private school children shall be equitable in comparison to

12 services and other benefits for public school children par13 ticipating under this part.

14 ‘‘(4) Expenditures for educational services and other

15 benefits to eligible private school children shall be equal

16 to the proportion of funds allocated to participating school

17 attendance areas based on the number of children from

18 low-income families who attend private schools.

19 ‘‘(5) The local educational agency may provide such

20 services directly or through contracts with public and pri21 vate agencies, organizations, and institutions.

22 ‘‘(b) PUBLIC CONTROL OF FUNDS.—(1) The control

23 of funds provided under this part, and title to materials,

24 equipment, and property purchased with such funds, shall
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•HR 6 RFS

1 be in a public agency, and a public agency shall administer

2 such funds and property.

3 ‘‘(2)(A) The provision of services under this section

4 shall be provided—

5 ‘‘(i) by employees of a public agency; or

6 ‘‘(ii) through contract by such public agency

7 with an individual, association, agency, or organiza8 tion.

9 ‘‘(B) In the provision of such services, such employee,

10 person, association, agency, or organization shall be inde11 pendent of such private school and of any religious organi12 zation, and such employment or contract shall be under

13 the control and supervision of such public agency.

14 ‘‘(c) STANDARDS FOR A BYPASS.—If a local edu15 cational agency is prohibited by law from providing for

16 the participation on an equitable basis of eligible children

17 enrolled in private elementary and secondary schools or

18 if the Secretary determines that a local educational agency

19 has substantially failed or is unwilling to provide for such

20 participation, as required by this section, the Secretary

21 shall—

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

23 such local educational agency; and

24 ‘‘(2) arrange for the provision of services to

25 such children through arrangements that shall be
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1 subject to the requirements of this section and sec2 tions 9505 and 9506 of this Act.

3 ‘‘(d) CAPITAL EXPENSES.—(1)(A) From the amount

4 appropriated for this subsection under section 1002(5) for

5 any fiscal year, each State is eligible to receive an amount

6 that bears the same ratio to the amount so appropriated

7 as the number of private school children who received serv8 ices under this part in the State in the most recent year

9 for which data satisfactory to the Secretary are available

10 bears to the number of such children in all States in that

11 same year.

12 ‘‘(B) The Secretary shall reallocate any amounts allo13 cated under subparagraph (A) that are not used by a

14 State for the purpose of this subsection to other States

15 on the basis of their respective needs, as determined by

16 the Secretary.

17 ‘‘(2)(A) A local educational agency may apply to the

18 State educational agency for payments for capital ex19 penses consistent with this subsection.

20 ‘‘(B) State educational agencies shall distribute such

21 funds to local educational agencies based on the degree

22 of need set forth in their respective applications.

23 ‘‘(3) Any funds appropriated to carry out this sub24 section shall be used only for capital expenses incurred to
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1 provide equitable services for private school children under

2 this section.

3 ‘‘(4) For the purpose of this subsection, the term

4 ‘capital expenses’ is limited to—

5 ‘‘(A) expenditures for noninstructional goods

6 and services, such as the purchase, lease, or renova7 tion of real and personal property, including, but not

8 limited to, mobile educational units and leasing of

9 neutral sites or spaces;

10 ‘‘(B) insurance and maintenance costs;

11 ‘‘(C) transportation; and

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

13 ‘‘SEC. 1121. FISCAL REQUIREMENTS.

14 ‘‘(a) MAINTENANCE OF EFFORT.—A local edu15 cational agency may receive funds under this part for any

16 fiscal year only if the State educational agency finds that

17 the local educational agency has maintained its fiscal ef18 fort in accordance with section 9501 of this Act, including

19 such effort for professional development activities.

20 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP21 PLANT, NON-FEDERAL FUNDS.—(1)(A) Except as pro22 vided in subparagraph (B), a State or local educational

23 agency shall use funds received under this part only to

24 supplement the amount of funds that would, in the ab25 sence of such Federal funds, be made available from non-
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1 Federal sources for the education of pupils participating

2 in programs assisted under this part, and not to supplant

3 such funds.

4 ‘‘(B) For the purpose of complying with subpara5 graph (A), a State or local educational agency may exclude

6 supplemental State and local funds expended in any eligi7 ble school attendance area or school for programs that

8 meet the requirements of section 1114 or 1115.

9 ‘‘(2) No local educational agency shall be required to

10 provide services under this part through a particular in11 structional method or in a particular instructional setting

12 in order to demonstrate its compliance with paragraph (1).

13 ‘‘(c) COMPARABILITY OF SERVICES.—(1)(A) Except

14 as provided in paragraphs (4) and (5), a local educational

15 agency may receive funds under this part only if State

16 and local funds will be used in schools served under this

17 part to provide services that, taken as a whole, are at least

18 comparable to services in schools that are not receiving

19 funds under this part.

20 ‘‘(B) If the local educational agency is serving all of

21 its schools under this part, such agency may receive funds

22 under this part only if it will use State and local funds

23 to provide services that, taken as a whole, are substantially

24 comparable in each school.
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1 ‘‘(C) A local educational agency may meet the re2 quirements of subparagraphs (A) and (B) on a grade-span

3 by grade-span basis or a school-by-school basis.

4 ‘‘(2)(A) To meet the requirements of paragraph (1),

5 a local educational agency shall demonstrate that—

6 ‘‘(i) expenditures per pupil from State and local

7 funds in each school served under this part are equal

8 to or greater than the average expenditures per

9 pupil in schools not receiving services under this

10 part; or

11 ‘‘(ii) instructional basic salaries per pupil from

12 State and local funds in each school served under

13 this part are equal or greater than the average in14 structional salaries per pupil in schools not receiving

15 services.

16 ‘‘(B) For the purpose of subparagraph (A), in the

17 determination of expenditures per pupil from State and

18 local funds or instructional salaries per pupil from State

19 and local funds, staff salary differentials for years of em20 ployment shall not be included.

21 ‘‘(C) A local educational agency need not include un22 predictable changes in student enrollment or personnel as23 signments that occur after the beginning of a school year

24 in determining comparability of services under this sub25 section.
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1 ‘‘(3) Each local educational agency shall—

2 ‘‘(A) develop procedures for compliance with

3 this subsection; and

4 ‘‘(B) maintain records that are updated bienni5 ally documenting its compliance.

6 ‘‘(4) This subsection shall not apply to a local edu7 cational agency that does not have more than one building

8 for each grade span.

9 ‘‘(5) For the purpose of determining compliance with

10 paragraph (1), a local educational agency may exclude

11 State and local funds expended for—

12 ‘‘(A) bilingual education for children of limited

13 English proficiency; and

14 ‘‘(B) excess costs of providing services to chil15 dren with disabilities.

16 ‘‘Subpart 2—Allocations

17 ‘‘SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE

18 SECRETARY OF THE INTERIOR.

19 ‘‘(a) RESERVATION OF FUNDS.—From the amount

20 appropriated for payments to States for any fiscal year

21 under section 1002(a), the Secretary shall reserve a total

22 of 1 percent to provide assistance to—

23 ‘‘(1) the outlying areas on the basis of their re24 spective need for such assistance according to such
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1 criteria as the Secretary determines will best carry

2 out the purpose of this part; and

3 ‘‘(2) the Secretary of the Interior in the amount

4 necessary to make payments pursuant to subsection

5 (b).

6 ‘‘(b) ALLOTMENT TO THE SECRETARY OF THE INTE7 RIOR.—

8 ‘‘(1) The amount allotted for payments to the

9 Secretary of the Interior under subsection (a)(2) for

10 any fiscal year shall be, as determined pursuant to

11 criteria established by the Secretary, the amount

12 necessary to meet the special educational needs of—

13 ‘‘(A) Indian children on reservations served

14 by elementary and secondary schools for Indian

15 children operated or supported by the Depart16 ment of the Interior; and

17 ‘‘(B) out-of-State Indian children in ele18 mentary and secondary schools in local edu19 cational agencies under special contracts with

20 the Department of the Interior.

21 ‘‘(2) From the amount allotted for payments to

22 the Secretary of the Interior under subsection

23 (a)(2), the Secretary of the Interior shall make pay24 ments to local educational agencies, upon such terms

25 as the Secretary of Education determines will best
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1 carry out the purposes of this part, with respect to

2 out-of-State Indian children described in paragraph

3 (1). The amount of such payment may not exceed,

4 for each such child, the greater of—

5 ‘‘(A) 40 percent of the average per-pupil

6 expenditure in the State in which the agency is

7 located; or

8 ‘‘(B) 48 percent of such expenditure in the

9 United States.

10 ‘‘SEC. 1123. ALLOCATIONS TO STATES.

11 ‘‘(a) GENERAL.—For each fiscal year, an amount of

12 the appropriations for this part equal to the appropriation

13 for fiscal year 1994 for part A of chapter 1, title I, Ele14 mentary and Secondary Education Act, shall be allocated

15 in accordance with sections 1124 and 1124A. Any addi16 tional appropriations for this part for any fiscal year, after

17 application of the preceding sentence, shall be allocated

18 in accordance with section 1125.

19 ‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP20 PROPRIATIONS.—

21 ‘‘(1) If the sums available under this part for

22 any fiscal year are insufficient to pay the full

23 amounts that all local educational agencies in States

24 are eligible to receive under sections 1124, 1124A,

25 and 1125 for such year, the Secretary shall ratably
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1 reduce the allocations to such local educational agen2 cies, subject to subsections (c) and (d) of this sec3 tion.

4 ‘‘(2) If additional funds become available for

5 making payments under sections 1124, 1124A, and

6 1125 for such fiscal year, allocations that were re7 duced under paragraph (1) shall be increased on the

8 same basis as they were reduced.

9 ‘‘(c) HOLD-HARMLESS AMOUNTS.—Notwithstanding

10 subsection (b), the total amount made available to each

11 local educational agency under each of sections 1124 and

12 1125 for any fiscal year shall be at least 85 percent of

13 the total amount such local educational agency was allo14 cated under such sections (or, for fiscal year 1995, their

15 predecessor authorities) for the preceding fiscal year.

16 ‘‘(d) DEFINITION.—For the purpose of this section

17 and sections 1124 and 1125, the term State means each

18 of the 50 States, the District of Columbia, and the Com19 monwealth of Puerto Rico.

20 ‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN21 CIES.

22 ‘‘(a) AMOUNT OF GRANTS.—

23 ‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN24 CIES AND PUERTO RICO.—
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1 ‘‘(A) The grant which a local educational

2 agency in a State is eligible to receive under

3 this subpart for a fiscal year shall (except as

4 provided in section 1126), be determined by

5 multiplying the number of children counted

6 under subsection (c) by 40 percent of the

7 amount determined under the next sentence.

8 The amount determined under this sentence

9 shall be the average per pupil expenditure in

10 the State except that (i) if the average per pupil

11 expenditure in the State is less than 80 percent

12 of the average per pupil expenditure in the

13 United States, such amount shall be 80 percent

14 of the average per pupil expenditure in the

15 United States, or (ii) if the average per pupil

16 expenditure in the State is more than 120 per17 cent of the average per pupil expenditure in the

18 United States, such amount shall be 120 per19 cent of the average per pupil expenditure in the

20 United States. For each local educational agen21 cy serving an area with a total population of at

22 least 20,000 persons, the grant under this sec23 tion shall be the amount determined by the Sec24 retary. For local educational agencies serving

25 areas with total population of fewer than
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1 20,000 persons, the State education agency

2 may either (I) distribute to such local edu3 cational agencies grants under this section

4 equal to the amounts determined by the Sec5 retary; or (II) use an alternative method, ap6 proved by the Secretary, to distribute the share

7 of the State’s total grants under this section

8 that is based on local educational agencies with

9 total populations of fewer than 20,000 persons.

10 Such an alternative method of distributing

11 grants under this section among a State’s local

12 educational agencies serving areas with total

13 populations of fewer than 20,000 persons shall

14 be based upon population data that the State

15 education agency determines best reflect the

16 current distribution of children in poor families

17 among the State’s local educational agencies

18 serving areas with total populations of fewer

19 than 20,000 persons. If a local educational

20 agency serving an area with total population of

21 less than 20,000 persons is dissatisfied with the

22 determination of its grant by the State edu23 cation agency, then it may appeal this deter24 mination to the Secretary. The Secretary must

25 respond to this appeal within 45 days of re-
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1 ceipt. The Secretary shall consult with the Sec2 retary of Commerce regarding whether available

3 data on population for local educational agen4 cies serving areas with total populations of

5 fewer than 20,000 persons are sufficiently reli6 able to be used to determine final grants to

7 such areas.

8 ‘‘(B) If, and only if, there are portions of

9 any of the States for which the Department of

10 Commerce has not prepared data on the num11 ber of children, aged 5–17, from families below

12 the poverty level for local educational agencies,

13 then the Secretary shall use such data compiled

14 for counties in those portions of the States,

15 treating the counties as if they were local edu16 cational agencies. In such cases, subject to sec17 tion 1126, the grant for any local educational

18 agency in such an area of a State shall be de19 termined on the basis of the aggregate amount

20 of such grants for all such agencies in the coun21 ty or counties in which the school district of the

22 particular agency is located, which aggregate

23 amount shall be equal to the aggregate amount

24 determined under subparagraph (A) for such

25 county or counties, and shall be allocated
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1 among those agencies upon such equitable basis

2 as may be determined by the State educational

3 agency in accordance with basic criteria pre4 scribed by the Secretary.

5 ‘‘(C) For each fiscal year, the Secretary

6 shall determine the percentage which the aver7 age per pupil expenditure in the Commonwealth

8 of Puerto Rico is of the lowest average per

9 pupil expenditure of any of the 50 States. The

10 grant which the Commonwealth of Puerto Rico

11 shall be eligible to receive under this subpart

12 for a fiscal year shall be the amount arrived at

13 by multiplying the number of children counted

14 under subsection (c) for the Commonwealth of

15 Puerto Rico by the product of—

16 ‘‘(i) the percentage determined under

17 the preceding sentence; and

18 ‘‘(ii) 32 percent of the average per

19 pupil expenditure in the United States.

20 ‘‘(2) DEFINITION.—For purposes of this sub21 section, the term ‘State’ does not include Guam,

22 American Samoa, the Virgin Islands, the Northern

23 Mariana Islands, and Palau.

24 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL25 IFY.—A local educational agency shall be eligible for a
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1 basic grant for a fiscal year under this subpart only if

2 the number of children counted under subsection (c) in

3 the school district of such local educational agency is at

4 least 10.

5 ‘‘(c) CHILDREN TO BE COUNTED.—

6 ‘‘(1) CATEGORIES OF CHILDREN.—The number

7 of children to be counted for purposes of this section

8 is the aggregate of—

9 ‘‘(A) the number of children aged 5 to 17,

10 inclusive, in the school district of the local edu11 cational agency from families below the poverty

12 level as determined under paragraph (2)(A),

13 ‘‘(B) the number of children aged 5 to 17,

14 inclusive, in the school district of such agency

15 from families above the poverty level as deter16 mined under paragraph (2)(B), and

17 ‘‘(C) the number of children aged 5 to 17,

18 inclusive, in the school district of such agency

19 in institutions for neglected and delinquent chil20 dren (other than such institutions operated by

21 the United States) or attending community day

22 programs for such children, but not counted

23 pursuant to subpart 3 of part D for the pur24 poses of a grant to a State agency, or being

25 supported in foster homes with public funds.
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1 ‘‘(2) DETERMINATION OF NUMBER OF CHIL2 DREN.—

3 ‘‘(A) For the purposes of this section, the

4 Secretary shall determine the number of chil5 dren aged 5 to 17, inclusive, from families

6 below the poverty level on the basis of the most

7 recent satisfactory data available from the De8 partment of Commerce for local educational

9 agencies (as produced and published under sec10 tion 181a of title 13, United States Code). If,

11 and only if, there are portions of any of the

12 States for which the Department of Commerce

13 has not prepared data on the number of chil14 dren, aged 5–17, from families below the pov15 erty level for local educational agencies, then

16 the Secretary shall use such data compiled for

17 counties in those portions of the States, treat18 ing the counties as if they were local edu19 cational agencies. The District of Columbia and

20 the Commonwealth of Puerto Rico shall be

21 treated as individual local educational agencies.

22 If a local educational agency contains two or

23 more counties in their entirety, then each coun24 ty will be treated as if it were a separate local

25 educational agency for purposes of calculating
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1 grants under this part. The total of grants for

2 such counties shall be allocated to such a local

3 educational agency, which shall distribute to

4 schools in each county within it a share of the

5 local educational agency’s total grant that is no

6 less than the county’s share of the population

7 counts used to calculate the local educational

8 agency’s grant. If the Department of Commerce

9 has updated data on the number of children,

10 aged 5–17, from families below the poverty level

11 for local educational agencies, then the Sec12 retary shall use the updated data. In determin13 ing the families which are below the poverty

14 level, the Secretary shall utilize the criteria of

15 poverty used by the Bureau of the Census in

16 compiling the most recent decennial census, in

17 such form as those criteria have been updated

18 by increases in the Consumer Price Index for

19 all urban consumers, published by the Bureau

20 of Labor Statistics.

21 ‘‘(B) For purposes of this section, the Sec22 retary shall determine the number of children

23 aged 5 to 17, inclusive, from families above the

24 poverty level on the basis of the number of such

25 children from families receiving an annual in-
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1 come, in excess of the current criteria of pov2 erty, from payments under the program of aid

3 to families with dependent children under a

4 State plan approved under title IV of the Social

5 Security Act; and in making such determina6 tions the Secretary shall utilize the criteria of

7 poverty used by the Bureau of the Census in

8 compiling the most recent decennial census for

9 a family of 4 in such form as those criteria

10 have been updated by increases in the

11 Consumer Price Index for all urban consumers,

12 published by the Bureau of Labor Statistics.

13 The Secretary shall determine the number of

14 such children and the number of children of

15 such ages living in institutions for neglected or

16 delinquent children, or being supported in foster

17 homes with public funds, on the basis of the

18 caseload data for the month of October of the

19 preceding fiscal year (using, in the case of chil20 dren described in the preceding sentence, the

21 criteria of poverty and the form of such criteria

22 required by such sentence which were deter23 mined for the calendar year preceding such

24 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

3 basis of the most recent reliable data available

4 to the Secretary at the time of such determina5 tion. The Secretary of Health and Human Serv6 ices shall collect and transmit the information

7 required by this subparagraph to the Secretary

8 not later 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

12 such ages who are from families below the pov13 erty level (as determined under subparagraph

14 (A) of this paragraph) in each school district,

15 and the Secretary is authorized to pay (either

16 in advance or by way of reimbursement) the

17 Secretary of Commerce the cost of making this

18 special estimate. The Secretary of Commerce

19 shall give consideration to any request of the

20 chief executive of a State for the collection of

21 additional census information. For purposes of

22 this section, the Secretary shall consider all

23 children who are in correctional institutions to

24 be living in institutions 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 appli6 cation 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 ‘‘(3) However, no State may receive less under

23 this section for fiscal years 1995 and 1996 than it

24 received the preceding year, or fiscal year 1993,
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1 whichever is greater, as a result of application of

2 paragraph (2).

3 ‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU4 CATIONAL AGENCIES.

5 ‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—

6 ‘‘(1)(A) Except as otherwise provided in this

7 paragraph, each local educational agency, in a State

8 other than Guam, American Samoa, the Virgin Is9 lands, the Northern Mariana Islands, and Palau,

10 which is eligible for a grant under this part for any

11 fiscal year shall be entitled to an additional grant

12 under this section for that fiscal year if—

13 ‘‘(i) the number of children counted under

14 section 1124(c) of this part in the local edu15 cational agency for the preceding fiscal year ex16 ceeds 6,500, or

17 ‘‘(ii) the number of children counted under

18 section 1124(c) exceeds 15 percent of the total

19 number of children aged five to seventeen, in20 clusive, in the local educational agency in that

21 fiscal year.

22 ‘‘(B) Except as provided in subparagraph (C),

23 no State described in subparagraph (A) shall receive

24 less than—
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1 ‘‘(i) one-quarter of 1 percent of the sums

2 appropriated under paragraph (6) of this sec3 tion for such fiscal year; or

4 ‘‘(ii) $250,000, whichever is higher.

5 ‘‘(C) No State shall, by reason of the applica6 tion of the provisions of subparagraph (B)(i) of this

7 paragraph, 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 (D), whichever is less.

14 ‘‘(D) For the purpose of subparagraph (C), the

15 amount for each State equals—

16 ‘‘(i) the number of children in such State

17 counted for purposes of this section in the fiscal

18 year specified in subparagraph (B), multiplied

19 by

20 ‘‘(ii) 150 percent of the national average

21 per pupil payment made with funds available

22 under this section for that year.

23 ‘‘(2) For each local educational agency eligible

24 to receive an additional grant under this section for
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1 any fiscal year the Secretary shall determine the

2 product of—

3 ‘‘(A) the greater of—

4 ‘‘(i) the number of children in excess

5 of 6,500 counted under section 1124(c) for

6 the preceding fiscal year, in a local edu7 cational agency which qualifies on the

8 basis of subparagraph (A)(i) of paragraph

9 (1); or

10 ‘‘(ii) the number of children counted

11 under section 1124(c) for the preceding

12 fiscal year in a local educational agency

13 which qualifies on the basis of subpara14 graph (A)(ii) of paragraph (1); and

15 ‘‘(B) the quotient resulting from the divi16 sion of the amount determined for those agen17 cies under section 1124(a)(1) for the fiscal year

18 for which the determination is being made di19 vided by the total number of children counted

20 under section 1124(c) for that agency for the

21 preceding fiscal year.

22 ‘‘(3) The amount of the additional grant to

23 which an eligible local educational agency is entitled

24 under this section for any fiscal year shall be an

25 amount which bears the same ratio to the amount
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1 reserved under paragraph (6) for that fiscal year as

2 the product determined under paragraph (2) for

3 such local educational agency for that fiscal year

4 bears to the sum of such products for all local edu5 cational agencies in the United States for that fiscal

6 year.

7 ‘‘(4) For the purposes of this section, the Sec8 retary shall determine the number of children count9 ed under section 1124(c) for any local educational

10 agency, and the total number of children aged five

11 to seventeen, inclusive, in local educational agencies,

12 on the basis of the most recent satisfactory data

13 available at the time the payment for such local edu14 cational agency is determined under section 1124.

15 ‘‘(5)(A) For each local educational agency serv16 ing an area with a total population of at least

17 20,000 persons, the grant under this section shall be

18 the amount determined by the Secretary. For local

19 educational agencies serving areas with total popu20 lations of fewer than 20,000 persons, the State edu21 cation agency may either (i) distribute to such local

22 educational agencies grants under this section equal

23 to the amounts determined by the Secretary; or (ii)

24 use an alternative method, approved by the Sec25 retary, to distribute the share of the State’s total
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1 grants under this section that is based on local edu2 cational agencies with total populations of fewer

3 than 20,000 persons. Such an alternative method of

4 distributing grants under this section among a

5 State’s local educational agencies serving areas with

6 total populations of fewer than 20,000 persons shall

7 be based upon population data that the State edu8 cation agency determines best reflects the current

9 distribution of children in poor families among the

10 State’s local educational agencies serving areas with

11 total populations of fewer than 20,000 persons and

12 meeting the eligibility criteria of paragraph (1)(A).

13 If a local educational agency serving an area with

14 total population of less than 20,000 persons is dis15 satisfied with the determination of its grant by the

16 State education agency, then it may appeal this de17 termination to the Secretary. The Secretary must re18 spond to this appeal within 45 days of receipt. The

19 Secretary shall consult with the Secretary of Com20 merce regarding whether available data on popu21 lation for local educational agencies serving areas

22 with total populations of fewer than 20,000 persons

23 are sufficiently reliable to be used to determine final

24 grants to such areas meeting the eligibility criteria

25 of paragraph (1)(A).
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1 ‘‘(B) If, and only if, there are portions of any

2 of the States for which the Department of Com3 merce has not prepared data on the number of chil4 dren, aged 5–17, from families below the poverty

5 level for local educational agencies, then the Sec6 retary shall use such data compiled for counties in

7 those portions of the States, treating the counties as

8 if they were local educational agencies. In such

9 cases, subject to section 1126, the grant for any

10 local educational agency in such an area of a State

11 shall be determined on the basis of the aggregate

12 amount of such grants for all such agencies in the

13 county or counties in which the school district of the

14 particular agency is located, which aggregate

15 amount shall be equal to the aggregate amount de16 termined under subparagraph (A) for such county or

17 counties, and shall be allocated among those agen18 cies upon such equitable basis as may be determined

19 by the State educational agency in accordance with

20 the basic criteria prescribed by the Secretary.

21 ‘‘(b) RESERVATION OF FUNDS.—Of the total amount

22 of funds available for sections 1124 and 1125A, 10 per23 cent of the amount appropriated for that fiscal year shall

24 be available to carry out this section.
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1 ‘‘(c) RATABLE REDUCTION RULE.—If the sums

2 available under subsection (b) for any fiscal year for mak3 ing payments under this section are not sufficient to pay

4 in full the total amounts which all States are entitled to

5 receive under subsection (a) for such fiscal year, the maxi6 mum amounts which all States are entitled to receive

7 under subsection (a) for such fiscal year shall be ratably

8 reduced. In case additional funds become available for

9 making such payments for any fiscal year during which

10 the preceding sentence is applicable, such reduced

11 amounts shall be increased on the same basis as they were

12 reduced.

13 ‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL

14 AGENCIES.

15 ‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN16 CIES.—A local educational agency in a State is eligible to

17 receive a targeted grant under this section for any fiscal

18 year if the number of children in the local educational

19 agency under subsection 1124(c), before application of the

20 weighting factor, is at least 10.

21 ‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,

22 THE DISTRICT OF COLUMBIA, AND PUERTO RICO.—(1)

23 The amount of the grant that a local educational agency

24 in a State or that the District of Columbia is eligible to
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1 receive under this section for any fiscal year shall be the

2 product of—

3 ‘‘(A) the number of children counted under sub4 section (c); and

5 ‘‘(B) the amount in the second sentence of sub6 paragraph 1124(a)(1)(A).

7 ‘‘(2) For each fiscal year, the amount of the grant

8 for which the Commonwealth of Puerto Rico is eligible

9 under this section shall be equal to the number of children

10 counted under subsection (c) for Puerto Rico, multiplied

11 by the amount determined in subparagraph

12 1124(a)(1)(C).

13 ‘‘(c) CHILDREN TO BE COUNTED.—

14 ‘‘(1) CATEGORIES OF CHILDREN.—The number

15 of children to be counted for purposes of this section

16 shall be the number counted in subsection 1124(c)

17 multiplied by the weighting factor for the local edu18 cational agency. The weighting factor shall be estab19 lished on the basis of the percentage that the num20 ber of children counted under section 1124(c) rep21 resents of the total population aged 5–17 years in

22 the local educational agency or the number of such

23 children. Weighted pupil counts will be calculated

24 based upon both percentage and number and the

25 larger of the two counts will be used in calculating
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1 grants for each local educational agency. Weighting

2 factors shall be assigned according to the following

3 scale: if the percentage is greater than 0 but less

4 than 14.265, the weighting factor shall be 1.00 for

5 all children counted in section 1124(c); if the per6 centage is greater than 14.265 but less than 21.553,

7 the weighting factor shall be 1.00 for a number of

8 children counted in section 1124(c) equal to 14.265

9 percent of the total school age population and 1.50

10 for children counted under section 1124(c) in excess

11 of 14.265 percent of the total school age population;

12 if the percentage is greater than 21.553 percent but

13 less than 29.223 percent, then the weighting factor

14 shall be 1.00 for a number of children counted in

15 section 1124(c) equal to 14.265 percent of the total

16 school age population, 1.50 for a number of children

17 counted under section 1124(c) equal to 7.288 per18 cent of the total school age population, and 2.00 for

19 children counted under section 1124(c) in excess of

20 21.553 percent of the total school age population; if

21 the percentage is greater than 29.223 percent but

22 less than 36.538 percent, then the weighting factor

23 shall be 1.00 for a number of children counted in

24 section 1124(c) equal to 14.265 percent of the total

25 school age population, 1.50 for a number of children
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1 counted under section 1124(c) equal to 7.288 per2 cent of the total school age population, 2.00 for a

3 number of children counted under section 1124(c)

4 equal to 7.67 percent of the total school age popu5 lation, and 2.50 for children counted under section

6 1124(c) in excess of 29.223 percent of the total

7 school age population; and if the percentage is great8 er than 36.538, then the weighting factor shall be

9 1.00 for a number of children counted in section

10 1124(c) equal to 14.265 percent of the total school

11 age population, 1.50 for a number of children count12 ed under section 1124(c) equal to 7.288 percent of

13 the total school age population, 2.00 for a number

14 of children counted under section 1124(c) equal to

15 7.67 percent of the total school age population, 2.50

16 for a number of children counted in section 1124(c)

17 equal to 7.315 percent of the total school age popu18 lation, and 3.00 for children counted in section

19 1124(c) in excess of 36.538 percent of the total

20 school age population. Separately, if the number of

21 children counted under section 1124(c) is greater

22 than 0 but less than 575, the weighting factor shall

23 be 1.00 for all children counted in section 1124(c);

24 if the number is greater than 575 but less than

25 1,870, the weighting factor shall be 1.00 for a num-
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1 ber of children counted in section 1124(c) equal to

2 575, and 1.50 for children counted under section

3 1124(c) in excess of 575; if the number is greater

4 than 1,870 but less than 6,910, then the weighting

5 factor shall be 1.00 for a number of children count6 ed in section 1124(c) equal to 575, 1.50 for a num7 ber of children counted under section 1124(c) equal

8 to 1,295, and 2.00 for children counted under sec9 tion 1124(c) in excess of 1,870; if the number is

10 greater than 6,910 but less than 42,000 then the

11 weighting factor shall be 1.00 for a number of chil12 dren counted in section 1124(c) equal to 575, 1.50

13 for a number of children counted under section

14 1124(c) equal to 1,295, 2.00 for a number of chil15 dren counted under section 1124(c) equal to 5,040,

16 and 2.50 for children counted under section 1124(c)

17 in excess of 6,910; and if the number is greater than

18 42,000, then the weighting factor shall be 1.00 for

19 a number of children counted in section 1124(c)

20 equal to 575, 1.50 for a number of children counted

21 under section 1124(c) equal to 1,295, 2.00 for a

22 number of children counted under section 1124(c)

23 equal to 5,040, 2.50 for a number of children count24 ed in section 1124(c) equal to 35,090 and 3.00 for

25 children counted in section 1124(c) in excess of
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1 42,000. For the Commonwealth of Puerto Rico, the

2 weighting factor shall be no greater than 1.62.

3 ‘‘(d) LOCAL EDUCATIONAL AGENCY ALLOCATIONS.—

4 For each local educational agency serving an area with

5 a total population of at least 20,000 persons, the grant

6 under this section shall be the amount determined by the

7 Secretary. For local educational agencies serving areas

8 with total populations of fewer than 20,000 persons, the

9 State education agency may either (1) distribute to such

10 local educational agencies grants under this section equal

11 to the amounts determined by the Secretary; or (2) use

12 an alternative method, approved by the Secretary, to dis13 tribute the share of the State’s total grants under this sec14 tion that is based on local educational agencies with total

15 populations of fewer than 20,000 persons. Such an alter16 native method of distributing grants under this section

17 among a State’s local educational agencies serving areas

18 with total populations of fewer than 20,000 persons shall

19 be based upon population data that the State education

20 agency determines best reflects the current distribution of

21 children in poor families among the State’s local edu22 cational agencies serving areas with total populations of

23 fewer than 20,000 persons. If a local educational agency

24 serving an area with total populations of less than 20,000

25 persons is dissatisfied with the determination of its grant
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1 by the State education agency, then it may appeal this

2 determination to the Secretary. The Secretary must re3 spond to this appeal within 45 days of receipt. If, and only

4 if, there are portions of any of the States for which the

5 Department of Commerce has not prepared data on the

6 number of children, aged 5–17, from families below the

7 poverty level for local educational agencies, then the Sec8 retary shall use such data compiled for counties in those

9 portions of the States, treating the counties as if they were

10 local educational agencies. The Secretary shall consult

11 with the Secretary of Commerce regarding whether avail12 able data on population for local educational agencies serv13 ing areas with total populations of fewer than 20,000 per14 sons are sufficiently reliable to be used to determine final

15 grants to such areas.

16 ‘‘(e) STATE MINIMUM.—Notwithstanding any other

17 provision of this section, from the total amount available

18 for any fiscal year to carry out this section, each State

19 shall be allotted at least the lesser of—

20 ‘‘(1) one quarter of one percent of such

21 amount;

22 ‘‘(2) 150 percent of the national average grant

23 under this section per child described in section

24 1124(c), without application of a weighting factor,

25 multiplied by the State’s total number of children
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1 described in section 1124(c), without application of

2 a weighting factor.

3 ‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

4 ‘‘(a) ALLOCATIONS FOR NEGLECTED OR DELIN5 QUENT CHILDREN.—(1) If a State educational agency de6 termines that a local educational agency in the State is

7 unable or unwilling to provide for the special educational

8 needs of children who are living in institutions for ne9 glected or delinquent children as described in subpara10 graph 1124(c)(1)(C), the State educational agency shall,

11 if it assumes responsibility for the special educational

12 needs of such children, receive the portion of such local

13 educational agency’s allocation under sections 1124,

14 1124A, and 1125 that is attributable to such children.

15 ‘‘(2) If the State educational agency does not assume

16 such responsibility, any other State or local public agency

17 that does assume such responsibility shall receive that por18 tion of the local educational agency’s allocation.

19 ‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL

20 AGENCIES.—The State educational agency may allocate

21 the amounts of grants under sections 1124, 1124A, and

22 1125 between and among the affected local educational

23 agencies when—
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1 ‘‘(1) two or more local educational agencies

2 serve, in whole or in part, the same geographical

3 area; or

4 ‘‘(2) a local educational agency provides free

5 public education for children who reside in the

6 school district of another local educational agency.

7 ‘‘(c) REALLOCATION.—If a State educational agency

8 determines that the amount of a grant a local educational

9 agency would receive under sections 1124, 1124A, and

10 1125 is more than such local agency will use, the State

11 educational agency shall make the excess amount available

12 to other local educational agencies in the State that need

13 additional funds in accordance with criteria established by

14 the State educational agency.

15 ‘‘SEC. 1127. CARRYOVER AND WAIVER.

16 ‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding

17 section 412 of the General Education Provisions Act or

18 any other provision of law, not more than 15 percent of

19 the funds allocated to a local educational agency for any

20 fiscal year under this subpart (but not including funds re21 ceived through any reallocation under this subpart) may

22 remain available for obligation by such agency for one ad23 ditional fiscal year.
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1 ‘‘(b) WAIVER.—A State educational agency may,

2 once every three years, waive the percentage limitation in

3 subsection (a) if—

4 ‘‘(1) the agency determines that the request of

5 a local educational agency is reasonable and nec6 essary; or

7 ‘‘(2) supplemental appropriations for this sub8 part become available.

9 ‘‘(c) EXCLUSION.—The percentage limitation under

10 subsection (a) shall not apply to any local educational

11 agency that receives less than $50,000 under this subpart

12 for any fiscal year.

13 ‘‘Subpart 3—Presidential Awards Program

14 ‘‘SEC. 1131. PRESIDENTIAL AWARDS PROGRAM.

15 ‘‘(a) DEVELOPMENT.—The Secretary may develop a

16 Presidential awards program that will recognize the per17 son or corporation producing the best education game of

18 the year.

19 ‘‘(b) NOMINATIONS.—Games recognized under this

20 program shall be selected by the Secretary from a list of

21 nominees or applicants submitted by a panel of experts

22 who convene annually at the request of the Secretary.

23 ‘‘(c) SELECTION.—The Secretary shall annually con24 vene a panel of experts who will review nominations and

25 applicants in selecting recipients who will receive awards
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1 under this section. Games selected for awards under this

2 section may be eligible to receive other awards.

3 ‘‘PART B—EVEN START FAMILY LITERACY

4 PROGRAMS

5 ‘‘SEC. 1201. STATEMENT OF PURPOSE.

6 ‘‘It is the purpose of this part to help break the cycle

7 of poverty and illiteracy by improving the educational op8 portunities of the Nation’s low-income families by inte9 grating early childhood education, adult literacy or adult

10 basic education, and parenting education into a unified

11 family literacy program, to be referred to as ‘Even Start’,

12 that is implemented through cooperative projects that

13 build on existing community resources to create a new

14 range of services, that promotes achievement of the Na15 tional Education Goals, and that assists children and

16 adults from low-income families to achieve challenging

17 State standards.

18 ‘‘SEC. 1202. PROGRAM AUTHORIZED.

19 ‘‘(a) RESERVATION FOR MIGRANT PROGRAMS, OUT20 LYING AREAS, INDIAN TRIBES, AND OTHER PURPOSES.—

21 (1) In each fiscal year, the Secretary shall reserve not less

22 than 5 percent of the amount appropriated under section

23 1002(b) of this title for programs, under such terms and

24 conditions as the Secretary shall establish, that are con-
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1 sistent with the purpose of this part, and according to

2 their relative needs, for—

3 ‘‘(A) children of migratory workers;

4 ‘‘(B) the outlying areas; and

5 ‘‘(C) Indian tribes and tribal organizations.

6 ‘‘(2) If the amount of funds made available under

7 subsection (a) exceeds $4,600,000, the Secretary shall

8 make a grant of sufficient size and for a period of suffi9 cient duration to demonstrate the effectiveness of a family

10 literacy program in a prison that houses women and their

11 preschool age children and that has the capability of devel12 oping a program of high quality.

13 ‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—

14 From amounts appropriated under section 1002(b), the

15 Secretary may reserve not more than three percent of such

16 amounts or the amount reserved for such purposes in the

17 fiscal year 1994, whichever is greater, for purposes of—

18 ‘‘(1) carrying out the evaluation required by

19 section 1209; and

20 ‘‘(2) providing, through grants or contracts,

21 technical assistance, program improvement, and rep22 lication activities through eligible organizations.

23 ‘‘(c) STATE ALLOCATION.—(1) After reserving funds

24 under subsections (a) and (b), the Secretary shall allocate
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1 the remaining funds appropriated for this part to States,

2 to be used in accordance with section 1203.

3 ‘‘(2) Except as provided in paragraph (3), from the

4 total amount available for allocation to States in any fiscal

5 year, each State shall be eligible to receive a grant under

6 paragraph (1) in an amount that bears the same ratio to

7 such total amount as the amount allocated to such State

8 under section 1122 of this title bears to the total amount

9 allocated under that section to all the States.

10 ‘‘(3) No State shall receive less than $250,000 under

11 paragraph (1) for any fiscal year.

12 ‘‘(d) DEFINITIONS.—For the purpose of this part—

13 ‘‘(1) the term ‘eligible entity’ means a partner14 ship composed of both—

15 ‘‘(A) a local educational agency; and

16 ‘‘(B) a nonprofit community-based organi17 zation, public agency, institution of higher edu18 cation, or other public or private nonprofit or19 ganization of demonstrated quality;

20 ‘‘(2) the terms ‘Indian tribe’ and ‘tribal organi21 zation’ have the meanings given such terms in sec22 tion 4 of the Indian Self-Determination and Edu23 cation Assistance Act;
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1 ‘‘(3) the term ‘State’ includes each of the 50

2 States, the District of Columbia, and the Common3 wealth of Puerto Rico; and

4 ‘‘(4) the term ‘eligible organization’ means any

5 public or private nonprofit organization with a

6 record of providing effective services to family lit7 eracy providers, such as the National Center for

8 Family Literacy, Parents as Teachers, Inc., and the

9 Home Instruction Program for Preschool Young10 sters.

11 ‘‘SEC. 1203. STATE PROGRAMS.

12 ‘‘(a) STATE-LEVEL ACTIVITIES.—Each State that re13 ceives a grant under section 1202(c)(1) may use not more

14 than 5 percent for—

15 ‘‘(1) administrative costs; and

16 ‘‘(2) the provision, through one or more

17 subgrants or contracts, of access to technical assist18 ance for program improvement and replication to eli19 gible entities that receive subgrants under subsection

20 (b).

21 ‘‘(b) SUBGRANTS FOR LOCAL PROGRAMS.—(1) Each

22 State shall use the remainder of its grant to make

23 subgrants to eligible entities to carry out Even Start pro24 grams.
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1 ‘‘(2) No State shall award a subgrant under para2 graph (1) for an amount less than $75,000.

3 ‘‘SEC. 1204. USES OF FUNDS.

4 ‘‘(a) IN GENERAL.—In carrying out an Even Start

5 program under this part, a recipient of funds under this

6 part shall use such funds to pay the Federal share of the

7 cost of providing family-centered education programs that

8 involve parents and children, from birth through age 7,

9 in a cooperative effort to help parents become full partners

10 in the education of their children and to assist children

11 in reaching their full potential as learners.

12 ‘‘(b) FEDERAL SHARE LIMITATION.—(1)(A) Except

13 as provided in paragraph (2), the Federal share under this

14 part may not exceed—

15 ‘‘(i) 90 percent of the total cost of the program

16 in the first year that that program receives assist17 ance under this part or its predecessor authority;

18 ‘‘(ii) 80 percent in the second such year;

19 ‘‘(iii) 70 percent in the third such year;

20 ‘‘(iv) 60 percent in the fourth such year; and

21 ‘‘(v) 50 percent in any subsequent such year.

22 ‘‘(B) The remaining cost of a program under this

23 part may be provided in cash or in kind, fairly evaluated,

24 and may be obtained from any source other than funds

25 received under this title.
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1 ‘‘(2) The State educational agency may waive, in

2 whole or in part, the cost-sharing requirement of para3 graph (1) if an eligible entity—

4 ‘‘(A) demonstrates that it otherwise would not

5 be able to participate in the program under this

6 part; and

7 ‘‘(B) negotiates an agreement with the State

8 educational agency with respect to the amount of the

9 remaining cost to which the waiver would be applica10 ble.

11 ‘‘(3) Federal funds under this part may not be used

12 for the indirect costs of an Even Start program, except

13 that the Secretary may waive this limitation if a recipient

14 of funds reserved under section 1202(a)(3) demonstrates

15 to the Secretary’s satisfaction that it otherwise would not

16 be able to participate in the program under this part.

17 ‘‘SEC. 1205. PROGRAM ELEMENTS.

18 ‘‘Each Even Start program assisted under this part

19 shall—

20 ‘‘(1) include the identification and recruitment

21 of families most in need of services provided under

22 this part, as indicated by a low level of income, a low

23 level of adult literacy or English language pro24 ficiency of the eligible parent or parents, and other

25 need-related indicators;
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1 ‘‘(2) include screening and preparation of par2 ents and children to enable them to participate fully

3 in the activities and services provided under this

4 part, including testing, referral to necessary counsel5 ling, other developmental and support services, and

6 related services;

7 ‘‘(3) be designed to accommodate the partici8 pants’ work schedule and other responsibilities, in9 cluding the provision of support services, when un10 available from other sources, necessary for participa11 tion, such as—

12 ‘‘(A) scheduling and locating of services to

13 allow joint participation by parents and chil14 dren;

15 ‘‘(B) child care for the period that parents

16 are involved in the program provided under this

17 part; and

18 ‘‘(C) transportation for the purpose of ena19 bling parents and their children to participate

20 in programs authorized by this part;

21 ‘‘(4) include high-quality instructional programs

22 that promote adult literacy, empower parents to sup23 port the educational growth of their children, devel24 opmentally appropriate early childhood educational
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1 services, and preparation of children for success in

2 regular school programs;

3 ‘‘(5) include special training of staff, including

4 child care staff, to develop the skills necessary to

5 work with parents and young children in the full

6 range of instructional services offered through this

7 part;

8 ‘‘(6) provide and monitor integrated instruc9 tional services to participating parents and children

10 through home-based programs;

11 ‘‘(7) operate on a year-round basis, including

12 the provision of some program services, either in13 structional or enrichment, or both, during the sum14 mer months;

15 ‘‘(8) be coordinated with—

16 ‘‘(A) programs assisted under other parts

17 of this title and this Act;

18 ‘‘(B) any relevant programs under the

19 Adult Education Act, the Individuals With Dis20 abilities Education Act, and the Job Training

21 Partnership Act; and

22 ‘‘(C) the Head Start program, volunteer

23 literacy programs, and other relevant programs;

24 and
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1 ‘‘(9) provide for an independent evaluation of

2 the program.

3 ‘‘SEC. 1206. ELIGIBLE PARTICIPANTS.

4 ‘‘(a) IN GENERAL.—Except as provided in subsection

5 (b), eligible participants in an Even Start program are—

6 ‘‘(1) a parent or parents—

7 ‘‘(A) who are eligible for participation in

8 an adult basic education program under the

9 Adult Education Act; or

10 ‘‘(B) who are within the State’s compul11 sory school attendance age range, so long as a

12 local educational agency provides (or ensures

13 the availability of) the basic education compo14 nent required under this part; and

15 ‘‘(2) the child or children, from birth through

16 age seven, of any parent described in paragraph (1).

17 ‘‘(b) ELIGIBILITY FOR CERTAIN OTHER PARTICI18 PANTS.—(1) Family members other than those described

19 in subsection (a) may participate in program activities and

20 services, when deemed by the program to serve the pur21 pose of this part.

22 ‘‘(2) Any family participating in a program under

23 this part that becomes ineligible for such participation as

24 a result of one or more members of the family becoming

25 ineligible for such participation may continue to partici-
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1 pate in the program until all members of the family be2 come ineligible for participation, which—

3 ‘‘(A) in the case of a family in which ineligibil4 ity was due to the child or children of such family

5 attaining the age of eight, shall be in two years or

6 when the parent or parents become ineligible due to

7 educational advancement, whichever occurs first; and

8 ‘‘(B) in the case of a family in which ineligibil9 ity was due to the educational advancement of the

10 parent or parents of such family, shall be when all

11 children in the family attain the age of eight.

12 ‘‘SEC. 1207. APPLICATIONS.

13 ‘‘(a) SUBMISSION.—To be eligible to receive a

14 subgrant under this part, an eligible entity shall submit

15 an application to the State educational agency in such

16 form and containing or accompanied by such information

17 as the State educational agency shall require.

18 ‘‘(b) REQUIRED DOCUMENTATION.—Each applica19 tion shall include documentation, satisfactory to the State

20 educational agency, that the eligible entity has the quali21 fied personnel needed—

22 ‘‘(1) to develop, administer, and implement an

23 Even Start program under this part; and
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1 ‘‘(2) to provide access to the special training

2 necessary to prepare staff for the program, which

3 may be offered by an eligible organization.

4 ‘‘(c) PLAN.—Such application shall also include a

5 plan of operation for the program which shall include—

6 ‘‘(1) a description of the program goals;

7 ‘‘(2) a description of the activities and services

8 that will be provided under the program, including

9 a description of how the program will incorporate

10 the program elements required by section 1205;

11 ‘‘(3) a description of the population to be

12 served and an estimate of the number of partici13 pants;

14 ‘‘(4) as appropriate, a description of the appli15 cant’s collaborative efforts with institutions of higher

16 education, community-based organizations, the State

17 educational agency, private elementary schools, or

18 other eligible organizations in carrying out the pro19 gram for which assistance is sought;

20 ‘‘(5) a statement of the methods that will be

21 used—

22 ‘‘(A) to ensure that the programs will serve

23 families most in need of the activities and serv24 ices provided by this part;
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1 ‘‘(B) to provide services under this part to

2 individuals with special needs, such as individ3 uals with limited English proficiency and indi4 viduals with disabilities; and

5 ‘‘(C) to encourage participants to remain

6 in the program for a time sufficient to meet the

7 program’s purpose; and

8 ‘‘(6) a description of how the plan—

9 ‘‘(A)(i) is consistent with and promotes the

10 goals of the State and local plans, either ap11 proved or being developed, under title III of the

12 Goals 2000: Educate America Act; and

13 ‘‘(ii) is consistent with the State and local

14 plans under sections 1111 and 1112; or

15 ‘‘(B) is consistent with the State and local

16 plans under sections 1111 and 1112 is the

17 State does not have an approved plan under

18 title III of the Goals 2000: Educate America

19 Act and is not developing such a plan.

20 ‘‘(d) The plan described in subsection (c)(6) may be

21 submitted as part of a consolidated application under sec22 tion 9302.
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1 ‘‘SEC. 1208. AWARD OF SUBGRANTS.

2 ‘‘(a) SELECTION PROCESS.—(1) The State edu3 cational agency shall establish a review panel that will ap4 prove applications that—

5 ‘‘(A) are most likely to be successful in meeting

6 the purpose of this part, and in effectively imple7 menting the program elements required under sec8 tion 1205;

9 ‘‘(B) demonstrate that the area to be served by

10 such program has a high percentage or a large num11 ber of children and families who are in need of such

12 services as indicated by high levels of poverty, illit13 eracy, unemployment, or limited English proficiency;

14 ‘‘(C) provide services for at least a three-year

15 age range, which may begin at birth;

16 ‘‘(D) demonstrate the greatest possible coopera17 tion and coordination between a variety of relevant

18 service providers in all phases of the program;

19 ‘‘(E) include cost-effective budgets, given the

20 scope of the application;

21 ‘‘(F) demonstrate the applicant’s ability to pro22 vide the additional funding required by section

23 1204(b);

24 ‘‘(G) are representative of urban and rural re25 gions of the State; and
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1 ‘‘(H) show the greatest promise for providing

2 models that may be adopted by other local edu3 cational agencies.

4 ‘‘(2) The State educational agency shall give priority

5 for subgrants under this subsection to proposals that ei6 ther—

7 ‘‘(A) target services primarily to families de8 scribed in paragraph (1)(B); or

9 ‘‘(B) are located in areas designated as

10 empowerment zones or enterprise communities.

11 ‘‘(b) REVIEW PANEL.—A review panel shall consist

12 of at least three members, including one early childhood

13 professional, one adult education professional, and one or

14 more of the following individuals:

15 ‘‘(1) A representative of a parent-child edu16 cation organization.

17 ‘‘(2) A representative of a community-based lit18 eracy organization.

19 ‘‘(3) A member of a local board of education.

20 ‘‘(4) A representative of business and industry

21 with a commitment to education.

22 ‘‘(5) An individual who has been involved in the

23 implementation of programs under this title in the

24 State.
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1 ‘‘(c) DURATION.—(1) Subgrants may be awarded for

2 a period not to exceed four years.

3 ‘‘(2) The State educational agency may provide a

4 subgrantee, at the subgrantee’s request, a 3- to 6-month

5 start-up period during the first year of the four-year pe6 riod, which may include staff recruitment and training,

7 and the coordination of services, before requiring full im8 plementation of the program.

9 ‘‘(3)(A) In reviewing any application for a subgrant

10 to continue a program for the second, third, or fourth

11 year, the State educational agency shall review the

12 progress being made toward meeting the objectives of the

13 program after the conclusion of the start-up period, if any.

14 ‘‘(B) The State educational agency may refuse to

15 award a subgrant if such agency finds that sufficient

16 progress has not been made toward meeting such objec17 tives, but only after affording the applicant notice and an

18 opportunity for a hearing.

19 ‘‘(4)(A) An eligible entity that has previously received

20 a subgrant under this part may reapply under the terms

21 of this part for a second project period.

22 ‘‘(B) During the second project period, the Federal

23 share of the subgrant shall not exceed 50 percent in any

24 year.
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1 ‘‘SEC. 1209. EVALUATION.

2 ‘‘From funds reserved under section 1202(b)(1), the

3 Secretary shall provide for an independent evaluation of

4 programs under this part—

5 ‘‘(1) to determine the performance and effec6 tiveness of programs; and

7 ‘‘(2) to identify effective Even Start projects

8 that can be replicated and used in providing tech9 nical assistance to national, State, and local pro10 grams.

11 ‘‘PART C—EDUCATION OF MIGRATORY CHILDREN

12 ‘‘SEC. 1301. PROGRAM PURPOSE.

13 ‘‘It is the purpose of this part to assist States to—

14 ‘‘(1) support high-quality and comprehensive

15 educational programs for migratory children to help

16 reduce the educational disruptions and other prob17 lems that result from repeated moves;

18 ‘‘(2) ensure that migratory children are pro19 vided with appropriate educational services (includ20 ing supportive services) that address their special

21 needs in a coordinated and efficient manner;

22 ‘‘(3) ensure that migratory children have the

23 opportunity to meet the same challenging perform24 ance standards that all children are expected to

25 meet;
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1 ‘‘(4) design programs to help migratory chil2 dren overcome educational disruption, cultural and

3 language barriers, social isolation, various health-re4 lated problems, and other factors that inhibit their

5 ability to do well in school, and to prepare these chil6 dren to make a successful transition to postsecond7 ary education or employment; and

8 ‘‘(5) ensure that migratory children benefit

9 from State and local systemic reforms.

10 ‘‘SEC. 1302. PROGRAM AUTHORIZED.

11 ‘‘In order to carry out the purpose of this part, the

12 Secretary shall make grants to State educational agencies,

13 or combinations of such agencies, to establish or improve,

14 directly or through local operating agencies, programs of

15 education for migratory children in accordance with this

16 part.

17 ‘‘SEC. 1303. STATE ALLOCATIONS.

18 ‘‘(a) STATE ALLOCATIONS.—Each State (other than

19 the Commonwealth of Puerto Rico) is entitled to receive

20 under this part, for each fiscal year, an amount equal to—

21 ‘‘(1) the sum of the estimated number of migra22 tory children aged three through 21 who reside in

23 the State full time and the full-time equivalent of

24 the estimated number of migratory children aged

25 three through 21 who reside in the State part time,
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1 as determined in accordance with subsection (e);

2 multiplied by

3 ‘‘(2) 40 percent of the average per-pupil ex4 penditure in the State, except that the amount de5 termined under this paragraph shall not be less than

6 32 percent, or more than 48 percent, of the average

7 expenditure per pupil in the United States.

8 ‘‘(b) ALLOCATION TO PUERTO RICO.—For each fiscal

9 year, the amount for which the Commonwealth of Puerto

10 Rico is eligible under this section shall be equal to—

11 ‘‘(1) the number of migratory children in Puer12 to Rico, determined under subsection (a)(1); multi13 plied by

14 ‘‘(2) the product of—

15 ‘‘(A) the percentage that the average ex16 penditure per pupil in Puerto Rico is of the low17 est average per-pupil expenditure of any of the

18 50 States; and

19 ‘‘(B) 32 percent of the average expenditure

20 per pupil in the United States.

21 ‘‘(c) RATABLE REDUCTIONS; REALLOCATIONS.—

22 (1)(A) If, after the Secretary reserves funds under section

23 1308(c), the amount appropriated to carry out this part

24 for any fiscal year is insufficient to pay in full the amounts
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1 for which all States are eligible, the Secretary shall ratably

2 reduce each such amount.

3 ‘‘(B) If additional funds become available for making

4 such payments for any fiscal year, the Secretary shall allo5 cate such funds to States in amounts that the Secretary

6 finds would best carry out the purpose of this part.

7 ‘‘(2)(A) The Secretary shall further reduce the

8 amount of any grant to a State under this part for any

9 fiscal year if the Secretary determines, based on available

10 information on the numbers and needs of migratory chil11 dren in the State and the program proposed by the State

12 to address such needs, that such amount exceeds the

13 amount required under section 1304.

14 ‘‘(B) The Secretary shall reallocate such excess funds

15 to other States whose grants under this part would other16 wise be insufficient to provide an appropriate level of serv17 ices to migratory children, in such amounts as the Sec18 retary determines are appropriate.

19 ‘‘(d) CONSORTIUM ARRANGEMENTS.—(1) In the case

20 of a State that receives a grant of $1,000,000 or less

21 under this section, the Secretary shall consult with the

22 State educational agency to determine whether consortium

23 arrangements with another State or other appropriate en24 tity would result in delivery of services in a more effective

25 and efficient manner.
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1 ‘‘(2) A State, irrespective of the amount of its alloca2 tion, may propose a consortium arrangement.

3 ‘‘(3) The Secretary shall approve a consortium ar4 rangement under paragraph (1) or (2) if the proposal

5 demonstrates that the arrangement will—

6 ‘‘(A) reduce administrative costs or program

7 function costs for State programs; and

8 ‘‘(B) make more funds available for direct serv9 ices to add substantially to the welfare or edu10 cational attainment of children to be served under

11 this part.

12 ‘‘(e) DETERMINING NUMBERS OF ELIGIBLE CHIL13 DREN.—In order to determine the estimated number of

14 migratory children residing in each State for purposes of

15 this section, the Secretary shall—

16 ‘‘(1) use such information as the Secretary

17 finds most accurately reflects the actual number of

18 migratory children;

19 ‘‘(2) as soon as feasible develop and implement

20 a procedure for more accurately reflecting cost fac21 tors for different types of summer program designs

22 which will be used to adjust the estimated number

23 of children who reside in a State in order to reflect

24 the number of migratory children who are served in

25 summer programs (which may include intersession
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1 programs) in the State and the additional costs of

2 operating such programs; and

3 ‘‘(3) conduct an analysis of the options for ad4 justing the formula so as to better direct services to

5 the child whose education has been interrupted.

6 ‘‘SEC. 1304. STATE APPLICATIONS; SERVICES.

7 ‘‘(a) APPLICATION REQUIRED.—Any State wishing to

8 receive a grant under this part for any fiscal year shall

9 submit an application to the Secretary at such time and

10 in such manner as the Secretary may require.

11 ‘‘(b) PROGRAM INFORMATION.—Each such applica12 tion shall include—

13 ‘‘(1) a description of how, in planning, imple14 menting, and evaluating programs and projects

15 under this part, the State and its operating agencies

16 will ensure that the special educational needs of mi17 gratory children are identified and addressed

18 through a comprehensive plan for needs assessment

19 and service delivery that meets the requirements of

20 section 1306, including, when feasible, recording the

21 migratory status of such children and their average

22 daily attendance on State student collection data;

23 ‘‘(2) a description of the steps the State is tak24 ing to provide migratory students with the oppor-
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1 tunity to meet the same challenging performance

2 standards that all children are expected to meet;

3 ‘‘(3) a description of how the State will use its

4 funds to promote interstate and intrastate coordina5 tion of services for migratory children, including

6 how, consistent with procedures the Secretary may

7 require, it will provide for educational continuity

8 through the timely transfer of pertinent school

9 records, including information on health, when chil10 dren move from one school to another, whether or

11 not during the regular school year;

12 ‘‘(4) a description of the State’s priorities for

13 the use of funds received under this part, and how

14 they relate to the State’s assessment of needs for

15 services in the State;

16 ‘‘(5) a description of how the State will deter17 mine the amount of any subgrants it will award to

18 local operating agencies, taking into account the re19 quirements of paragraph (1); and

20 ‘‘(6) such budgetary and other information as

21 the Secretary may require.

22 ‘‘(c) ASSURANCES.—Each such application shall also

23 include assurances, satisfactory to the Secretary, that—

24 ‘‘(1) funds received under this part will be used

25 only—
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1 ‘‘(A) for programs and projects, including

2 the acquisition of equipment, in accordance

3 with section 1306(b)(1); and

4 ‘‘(B) to coordinate such programs and

5 projects with similar programs and projects

6 within the State and in other States, as well as

7 with other Federal programs that can benefit

8 migratory children and their families;

9 ‘‘(2) such programs and projects will be carried

10 out in a manner consistent with the objectives of

11 sections 1114, 1115(b) and (d), 1120, and 1121(b)

12 and (c), and part F of this title;

13 ‘‘(3) in the planning and operation of programs

14 and projects at both the State and local operating

15 agency level, there is appropriate consultation with

16 parent advisory councils for programs lasting a

17 school year, and that all such programs and projects

18 are carried out, to the extent feasible, in a manner

19 consistent with section 1118 of this title;

20 ‘‘(4) in planning and carrying out such pro21 grams and projects, there has been, and will be, ade22 quate provision for addressing the unmet education

23 needs of preschool migratory children;

24 ‘‘(5) the effectiveness of such programs and

25 projects will be determined, where feasible, using the
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1 same approaches and standards that will be used to

2 assess the performance of students, schools, and

3 local educational agencies under part A of this title;

4 and

5 ‘‘(6) the State will assist the Secretary in deter6 mining the number of migratory children under sec7 tion 1303(e), through such procedures as the Sec8 retary may require.

9 ‘‘(d) PRIORITY FOR SERVICES.—In providing services

10 with funds received under this part, each recipient of such

11 funds shall give priority to migratory children who are fail12 ing, or most at risk of failing, to meet the State’s challeng13 ing performance standards, and whose education has been

14 interrupted during the regular school year.

15 ‘‘(e) CONTINUATION OF SERVICES.—Notwithstand16 ing any other provision of this part—

17 ‘‘(1) a child who ceases to be a migratory child

18 during a school term shall be eligible for services

19 until the end of such term;

20 ‘‘(2) a child who is no longer a migratory child

21 may continue to receive services for one additional

22 school year, but only if comparable services are not

23 available through other programs; and

24 ‘‘(3) secondary school students who were eligi25 ble for services in secondary school may continue to
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1 be served through credit accrual programs until

2 graduation.

3 ‘‘SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.

4 ‘‘(a) SECRETARIAL APPROVAL.—The Secretary shall

5 approve each State application that meets the require6 ments of this part.

7 ‘‘(b) PEER REVIEW.—The Secretary may review any

8 such application with the assistance and advice of State

9 officials and other individuals with relevant expertise.

10 ‘‘SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND

11 SERVICE-DELIVERY PLAN; AUTHORIZED AC12 TIVITIES.

13 ‘‘(a) COMPREHENSIVE PLAN.—Each State that re14 ceives a grant under this part shall ensure that the State

15 and its local operating agencies identify and address the

16 special educational needs of migratory children in accord17 ance with a comprehensive State plan that—

18 ‘‘(1)(A) is integrated with 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 such State plan; and

23 ‘‘(B) is integrated with other State plans, if

24 any, under the School-To-Work Opportunities Act of

25 1993 and the Carl D. Perkins Vocational and Ap-
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1 plied Technology Act to the extent that such plans

2 have not already been incorporated in the State’s

3 plan under title III of the Goals 2000: Educate

4 America Act;

5 ‘‘(2) if the State does not have an approved

6 plan under title III of the Goals 2000: Educate

7 America Act and is not developing such a plan—

8 ‘‘(A) is integrated with other State plans,

9 such as those under the School-To-Work Op10 portunities Act of 1993 and the Carl D. Per11 kins Vocational and Applied Technology Act,

12 where such plans exist; and

13 ‘‘(B) satisfies the requirements of this

14 section;

15 ‘‘(3) may be submitted as a part of a consoli16 dated application under section 9302;

17 ‘‘(4) provides that migratory children will have

18 an opportunity to meet the same challenging per19 formance standards, set out in those plans, that all

20 children are expected to meet;

21 ‘‘(5) specifies measurable program goals and

22 outcomes;

23 ‘‘(6) encompasses the full range of services that

24 are available for migratory children from appropriate

25 local, State and Federal educational programs;
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1 ‘‘(7) is the product of joint planning among

2 such local, State, and Federal programs, including

3 those under part A of this title, early childhood pro4 grams, and bilingual education programs under title

5 VII of this Act;

6 ‘‘(8) provides for the integration of services

7 available under this part with services provided by

8 such other programs; and

9 ‘‘(9) to the extent feasible, provides for—

10 ‘‘(A) advocacy and outreach activities for

11 migratory children and their families, including

12 informing them of, or helping them gain access

13 to, other education, health, nutrition, and social

14 services;

15 ‘‘(B) professional development programs,

16 including mentoring, for teachers and other

17 program personnel;

18 ‘‘(C) parent involvement programs (as de19 fined under section 1118) and, when feasible,

20 the establishment of instructional programs

21 such as use of the model developed under the

22 Even Start Family Literacy Programs that pro23 mote adult literacy and train parents to support

24 the educational growth of their children;
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1 ‘‘(D) the integration of communication and

2 information technology into educational and re3 lated programs; and

4 ‘‘(E) programs to facilitate the transition

5 of high school students to postsecondary edu6 cation or employment.

7 A State may satisfy all or part of the requirements of this

8 section by referencing applicable sections of its approved

9 plan under title III of the Goals 2000: Educate America

10 Act.

11 ‘‘(b) AUTHORIZED ACTIVITIES.—(1) In implementing

12 the comprehensive plan described in subsection (a), each

13 local operating agency shall have the flexibility to deter14 mine the activities to be provided with funds made avail15 able under this part, provided that—

16 ‘‘(A) before funds provided under this part are

17 used to provide services described in subparagraph

18 (B), those funds shall be used to meet the identified

19 needs of migratory children that—

20 ‘‘(i) result from the effects of their migra21 tory lifestyle, or are needed to permit migratory

22 children to participate effectively in school; and

23 ‘‘(ii) are not addressed by services provided

24 under other programs, including part A of this

25 title; and
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1 ‘‘(B) all migratory children who are eligible to

2 receive services under part A of this title shall re3 ceive such services with funds provided under this

4 part or under part A of this title.

5 ‘‘(2) This subsection shall not apply to funds under

6 this part that are used for schoolwide programs under sec7 tion 1114 of this title.

8 ‘‘SEC. 1307. BYPASS.

9 ‘‘The Secretary may use all or part of any State’s

10 allocation under this part to make arrangements with any

11 public or private nonprofit agency to carry out the purpose

12 of this part in such State if the Secretary determines

13 that—

14 ‘‘(1) the State is unable or unwilling to conduct

15 educational programs for migratory children;

16 ‘‘(2) such arrangements would result in more

17 efficient and economic administration of such pro18 grams; or

19 ‘‘(3) such arrangements would add substantially

20 to the welfare or educational attainment of such

21 children.

22 ‘‘SEC. 1308. COORDINATION OF MIGRANT EDUCATION AC23 TIVITIES.

24 ‘‘(a) IMPROVEMENT OF COORDINATION.—The Sec25 retary, in consultation with the States, may make grants
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1 to, or enter into contracts with, State educational agen2 cies, local educational agencies, institutions of higher edu3 cation, and other public and private nonprofit entities to

4 improve the interstate and intrastate coordination among

5 State and local educational agencies of their educational

6 programs, including the establishment or improvement of

7 programs for credit accrual and exchange, available to mi8 gratory students. Grants under this subpart may be made

9 for up to 5 years.

10 ‘‘(b) ASSISTANCE AND REPORTING.—(1) Within 60

11 days of enactment, the Secretary shall convene a panel of

12 Chief State School Officers and technical experts to assess

13 alternative methods by which student records may be

14 transferred from one school to another. Within 150 days

15 of having been convened, the panel shall make rec16 ommendations to the Secretary on how schools may adopt

17 the most cost-effective means of exchanging of school

18 records. The Secretary shall also develop the most cost19 effective and accurate method of determining the number

20 of students or full-time equivalent students in each State

21 on a yearly basis. The Secretary shall report to the Com22 mittee on Education and Labor of the House of Rep23 resentatives and the Committee on Labor and Human Re24 sources of the Senate the panel’s findings and the Sec25 retary’s recommendations.
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1 ‘‘(2) The Secretary may contract for services for pur2 poses of this section.

3 ‘‘(c) AVAILABILITY OF FUNDS.—For the purpose of

4 carrying out this section, the Secretary shall reserve up

5 to $6,000,000 from the amount appropriated under sec6 tion 1002(3) for each fiscal year to carry out this part.

7 ‘‘(d) COMPETITIVE GRANTS.—From the amounts

8 made available for this section, the Secretary shall reserve

9 not more than $1,500,000 to award, on a competitive

10 basis, grants in the amount of up to $100,000 each to

11 State educational agencies with consortium agreements

12 described under section 1303(d). Not less than 10 of such

13 grants shall be awarded to States which receive allocations

14 of less than $1,000,000 if such States have approved

15 agreements.

16 ‘‘SEC. 1309. DISTANCE LEARNING.

17 ‘‘(a) PROGRAM.—The Secretary may establish a dis18 tance learning program to provide, through competitive

19 grants, continuity in the education of migrant children

20 using technology, interactive learning, computers, and

21 automated technology links achieved with modems and

22 telephone networks.

23 ‘‘(b) FUNDS.—Not more than $3,000,000 may be

24 used 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

14 migrant 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

8 months.

9 ‘‘PART D—PREVENTION AND INTERVENTION

10 SERVICES FOR DELINQUENT YOUTH AND

11 YOUTH AT RISK OF DROPPING OUT

12 ‘‘SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.

13 ‘‘(a) FINDINGS.—Congress finds the following:

14 ‘‘(1) A large percentage of youth in the juvenile

15 justice system have poor academic achievement, are

16 a year or more behind grade level, and have dropped

17 out of school.

18 ‘‘(2) There is a strong correlation between aca19 demic failure and involvement in delinquent activi20 ties.

21 ‘‘(3) Preventing students from dropping out of

22 local schools and addressing the educational needs of

23 delinquent youth can help reduce the dropout rate

24 and involvement in delinquent activities at the same

25 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 ill4 prepared 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 return21 ing from correctional facilities in order to keep them

22 in 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

3 children 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;

7 and

8 ‘‘(3) to prevent at-risk youth from dropping out

9 of school and to provide dropouts and youth return10 ing from institutions with a support system to en11 sure their continued education.

12 ‘‘(c) PROGRAM AUTHORIZED.—In order to carry out

13 the purpose of this part, the Secretary shall make grants

14 to State educational agencies, which shall make subgrants

15 to State agencies and local educational agencies to estab16 lish or improve programs of education for delinquent chil17 dren and youth at risk of dropping out of school before

18 graduation.

19 ‘‘SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.

20 ‘‘(a) AGENCY SUBGRANTS.—Based on the allocation

21 amount computed under section 1403, the Secretary shall

22 allocate to each State educational agency amounts nec23 essary to make subgrants to State agencies.

24 ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain,

25 for purposes of subpart 2, funds generated throughout the
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1 State under part A based on youth residing in local correc2 tional facilities, or attending community day programs for

3 delinquent children.

4 ‘‘(c) USE OF REMAINING FUNDS.—Each State shall

5 use any funds remaining after allocations are made under

6 subsection (a).

7 ‘‘Subpart 1—State Agency Programs

8 ‘‘SEC. 1403. AMOUNT OF ALLOCATION TO STATE.

9 ‘‘(a) STATE ALLOCATION.—Each State educational

10 agency is eligible to receive under this part, for each fiscal

11 year, an amount equal to the product of—

12 ‘‘(1) the number of delinquent children in State

13 correctional facilities serving youth under the age of

14 21 who are enrolled for at least 20 hours per week

15 in education programs operated or supported by fa16 cilities serving youth, and 10 hours a week in adult

17 facilities serving youth.

18 ‘‘(2) 40 percent of the average per-pupil ex19 penditure in the State, except that the amount de20 termined under this paragraph shall not be less than

21 32 percent or more than 48 percent of the average

22 per-pupil expenditure in the United States.

23 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

24 RICO.—For each fiscal year, the amount of the grant for
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1 which a State agency in the Commonwealth of Puerto Rico

2 is eligible under this part shall be equal to—

3 ‘‘(1) the number of children counted under sub4 section (a)(1) for Puerto Rico; multiplied by the

5 product of—

6 ‘‘(A) the percentage that the average per7 pupil expenditure in Puerto Rico is of the low8 est average per-pupil expenditure of any of the

9 50 States; and

10 ‘‘(B) 32 percent of the average per-pupil

11 expenditure in the United States.

12 ‘‘SEC. 1404. STATE PLAN.

13 ‘‘(a) STATE PLAN.—(1)(A) Each State educational

14 agency that desires to receive payments under this part

15 shall submit, for approval by the Secretary, a plan, which

16 shall be revised and updated as needed, for meeting the

17 needs of delinquent youth and children at risk of dropping

18 out that—

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

20 approved or being developed, under title III of the

21 Goals 2000: Educate America Act, and satisfies the

22 requirements of this section that are not already ad23 dressed by such State plan; or

24 ‘‘(ii) if the State does not have an approved

25 plan under title III of the Goals 2000: Educate
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1 America Act or is not developing such a plan, is in2 tegrated with other State plans under this Act and

3 satisfies the requirements of this section.

4 ‘‘(B) A State plan submitted under paragraph

5 (1)(A)(i) may, if necessary, be submitted as an amend6 ment to the State’s plan under title III of the Goals 2000:

7 Educate America Act.

8 ‘‘(2) Each such plan shall also—

9 ‘‘(A) describe the State-established program

10 goals, objectives, and performance measures that will

11 be used to assess the effectiveness of the program in

12 improving academic and vocational skills of children

13 in the program;

14 ‘‘(B) provide that, to the extent feasible, such

15 children will have the same opportunities to learn as

16 they would have if they were in schools of local edu17 cational agencies in the State;

18 ‘‘(C) describe the manner in which such State

19 educational agency will make subgrants; and

20 ‘‘(D) contain assurances that the State edu21 cational agency will—

22 ‘‘(i) ensure that programs assisted under

23 this part will be carried out in accordance with

24 the State plan described in this subsection;
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1 ‘‘(ii) carry out the evaluation requirements

2 of section 1408;

3 ‘‘(iii) ensure that its State agencies comply

4 with all applicable statutory and regulatory re5 quirements; and

6 ‘‘(iv) provide such other information as the

7 Secretary may reasonably require.

8 ‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—(1)

9 The Secretary shall approve each State plan that meets

10 the requirements of this part.

11 ‘‘(2) The Secretary may review any such plan with

12 the assistance and advice of individuals with relevant

13 expertise.

14 ‘‘(c) SUBGRANTS TO STATE AGENCIES.—A State

15 agency is eligible for assistance under this part if it is re16 sponsible for providing free public education for children

17 in institutions for delinquent children.

18 ‘‘(d) STATE AGENCY APPLICATIONS.—A State

19 agency that desires to receive funds to carry out a pro20 gram under this part shall submit an application to the

21 State educational agency that—

22 ‘‘(1) describes the procedures to be used, con23 sistent with the State plan under part A of this title,

24 to assess the educational needs of the children to be

25 served;
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1 ‘‘(2) provides assurances that in making serv2 ices available to youth in adult correctional facilities,

3 priority will be given to such youth who are likely to

4 complete incarceration within a 2-year period;

5 ‘‘(3) describes the program, including a budget

6 for the first year of the program, with annual up7 dates to be provided;

8 ‘‘(4) describes how the program will meet the

9 goals and objectives of the State plan under this

10 part;

11 ‘‘(5) describes how the State agency will consult

12 with experts and provide the necessary training for

13 appropriate staff, to ensure that the planning and

14 operation of institution-wide projects under section

15 1406 are of high quality;

16 ‘‘(6) describes how the agency will carry out the

17 evaluation requirements of section 1408 and how the

18 results of the most recent evaluation are used to

19 plan and improve the program;

20 ‘‘(7) includes data showing that the agency has

21 maintained fiscal effort required of a local edu22 cational agency, in accordance with section 9501 of

23 this title;

24 ‘‘(8) describes how the programs will be coordi25 nated with other appropriate State and Federal pro-
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1 grams, including the Job Training Partnership Act,

2 vocational education, State and local dropout preven3 tion programs, and special education;

4 ‘‘(9) describes how appropriate professional de5 velopment will be provided to teachers and other in6 structional and administrative personnel;

7 ‘‘(10) designates an individual in each affected

8 institution to be responsible for issues relating to the

9 transition of children from an institution to locally

10 operated programs;

11 ‘‘(11) describes how the agency will, endeavor

12 to coordinate with businesses for training and

13 mentoring for participating youth;

14 ‘‘(12) describes how the agency will assist in lo15 cating alternative programs through which students

16 can continue their education if they are not return17 ing to school after leaving the correctional facility;

18 ‘‘(13) describes how the agency will work with

19 parents to secure their assistance in improving the

20 educational achievement of their children and pre21 venting their further involvement in delinquent

22 activities;

23 ‘‘(14) describes how the agency works with spe24 cial education youth in order to meet an existing in25 dividualized education program and an assurance
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1 that the agency will notify the youth’s local school

2 if such youth is identified as in need of special edu3 cation services while the youth is in the facility and

4 if the youth intends to return to the local school;

5 ‘‘(15) describes how the agency will work with

6 youth who dropped out of school before entering the

7 facility to encourage such youth to reenter school

8 once their term has been completed or provide the

9 youth with the skills necessary to gain employment,

10 continue their education, or achieve a high school

11 equivalency certificate if the youth does not intend

12 to return to school;

13 ‘‘(16) provides assurances that teachers and

14 other qualified staff are also trained to work with

15 children with disabilities and other students with

16 special needs taking into consideration the unique

17 needs of such students;

18 ‘‘(17) describes any additional services provided

19 to youth, including career counseling, assistance in

20 securing student loans, grants; and

21 ‘‘(18) describes how this program will be coordi22 nated with any programs operated under the Juve23 nile Justice and Delinquency Act, if applicable.
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1 ‘‘SEC. 1405. USE OF FUNDS.

2 ‘‘(a) GENERAL.—(1) A State agency shall use funds

3 received under this part only for programs and projects

4 that—

5 ‘‘(A) are consistent with the State plan referred

6 to in section 1404(a); and

7 ‘‘(B) concentrate on providing participants with

8 the knowledge and skills needed to make a success9 ful transition to high school completion, further edu10 cation, or employment.

11 ‘‘(2) Such programs and projects—

12 ‘‘(A) may include the acquisition of equipment;

13 ‘‘(B) shall be designed to support educational

14 services that—

15 ‘‘(i) except for institution-wide projects

16 under section 1406, are provided to children

17 identified by the State agency as failing, or

18 most at risk of failing, to meet the State’s chal19 lenging performance standards;

20 ‘‘(ii) supplement and improve the quality

21 of the educational services provided to such

22 children by the State agency; and

23 ‘‘(iii) afford such children an opportunity

24 to learn to such challenging State standards;

25 ‘‘(C) shall be carried out in a manner consistent

26 with section 1119(b) and part F of this title; and
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1 ‘‘(D) may include the costs of meeting the eval2 uation requirements of section 1408.

3 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program

4 under this part that supplements the number of hours of

5 instruction students receive from State and local sources

6 shall be considered to comply with the ‘supplement, not

7 supplant’ requirement of section 1119(b) of this title with8 out regard to the subject areas in which instruction is

9 given during those hours.

10 ‘‘SEC. 1406. INSTITUTION-WIDE PROJECTS.

11 ‘‘A State agency that provides free public education

12 for children in an institution for delinquent children may

13 use funds received under this part to serve all children

14 in, and upgrade the entire educational effort of, such insti15 tution or program if the State agency has developed, and

16 the State educational agency has approved, a comprehen17 sive plan for such institution or program that—

18 ‘‘(1) provides for a comprehensive assessment

19 of the educational needs of all youth in the institu20 tion or program serving juveniles;

21 ‘‘(2) provides for a comprehensive assessment

22 of the educational needs of youth aged 20 and

23 younger in adult facilities who are expected to com24 plete incarceration within a 2-year period;
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1 ‘‘(3) describes the steps the State agency has

2 taken, or will take, to provide all children under 21

3 with the opportunity to meet challenging academic

4 and vocational standards in order to improve the

5 likelihood that the students will complete high

6 school, attain high school equivalency, or find em7 ployment after leaving the institution;

8 ‘‘(4) describes the instructional program, pupil

9 services, and procedures that will be used to meet

10 the needs described in paragraph (1), including, to

11 the extent feasible, the provision of mentors for sec12 ondary school students;

13 ‘‘(5) specifically describes how such funds will

14 be used;

15 ‘‘(6) describes the measures and procedures

16 that will be used to assess student progress;

17 ‘‘(7) describes how the agency has planned, and

18 will implement and evaluate, the institution-wide or

19 program-wide project in consultation with personnel

20 providing direct instructional services and support

21 services in institutions for delinquent children and

22 personnel from the State educational agency; and

23 ‘‘(8) includes an assurance that the State agen24 cy has provided for appropriate training to teachers
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1 and other instructional and administrative personnel

2 to enable them to carry out the project effectively.

3 ‘‘SEC. 1407. THREE-YEAR PROJECTS.

4 ‘‘If a State agency operates a program under this

5 part in which individual children are likely to participate

6 for more than one year, the State educational agency may

7 approve the State agency’s application for a subgrant

8 under this part for a period not to exceed 3 years.

9 ‘‘SEC. 1408. TRANSITION SERVICES.

10 ‘‘(a) TRANSITION SERVICES.—Each State agency

11 shall reserve not more than 10 percent of the amount it

12 receives under this part for any fiscal year to support

13 projects that facilitate the transition of children from

14 State-operated institutions to local educational agencies.

15 ‘‘(b) CONDUCT OF PROJECTS.—A project supported

16 under this section may be conducted directly by the State

17 agency, or through a contract or other arrangement with

18 one or more local educational agencies, other public agen19 cies, or private nonprofit organizations.

20 ‘‘(c) LIMITATION.—Any funds reserved under sub21 section (a) shall be used only to provide transitional edu22 cational services, which may include counseling and

23 mentoring, to delinquent children in schools other than

24 State-operated institutions.
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1 ‘‘Subpart 2—Local Agency Programs

2 ‘‘SEC. 1410. PROGRAMS OPERATED BY LOCAL EDU3 CATIONAL AGENCIES.

4 ‘‘(a) LOCAL SUBGRANTS.—With funds retained

5 under section 1402(2), the State educational agency shall

6 make 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 per12 centage of youth in the State which have dropped

13 out of school in the preceding fiscal year.

14 ‘‘(b) NOTIFICATION.—A State educational agency

15 shall notify local educational agencies which meet the cri16 teria of subsection (a) of their eligibility for participation

17 in the program.

18 ‘‘(c) PURPOSE OF LOCAL EDUCATIONAL AGENCY

19 PROGRAMS.—The purpose of this section is the operation

20 of local educational agency programs which involve col21 laboration between local educational agencies and local

22 correctional 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

5 period of incarceration for employment, high school

6 completion, and further education.

7 ‘‘(d) LOCAL EDUCATIONAL AGENCY APPLICA8 TIONS.—(1) Eligible local educational agencies which

9 choose to take part in programs funded under this section

10 shall submit an application to the State educational agen11 cy, containing such information on programs to be oper12 ated under this section as the State educational agency

13 may require, and which shall include—

14 ‘‘(1) a description of formal agreements be15 tween the local educational agency and correctional

16 facilities and alternative school programs serving

17 youth involved with the juvenile justice system to op18 erate programs 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 partici22 pating in an education program comparable to one

23 operating in the local school such youth would

24 attend;
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1 ‘‘(3) a description of the dropout prevention

2 program operated by participating schools and the

3 types of services such schools will provide to at risk

4 youth in participating schools and youth returning

5 from correctional facilities;

6 ‘‘(4) a description of the youth expected to be

7 served by the dropout prevention program and how

8 the school will be coordinating existing educational

9 programs to meet unique education needs;

10 ‘‘(5) a description of how schools will coordinate

11 with existing social and health services to meet the

12 needs of students at risk of dropping out of school

13 and other participating students, including prenatal

14 health care and nutrition services related to the

15 health of the parent and child, parenting and child

16 development classes, child care, targeted re-entry

17 and outreach programs, referrals to community re18 sources, and scheduling flexibility;

19 ‘‘(6) a description of any partnerships with

20 local businesses to develop training and mentoring

21 services for participating students;

22 ‘‘(7) a description of how the program will in23 volve parents in efforts to improve the education

24 achievement of their children, assist in dropout pre-
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1 vention activities, and prevent the involvement of

2 their children in delinquent activities;

3 ‘‘(8) a description of how this program will be

4 coordinated with other Federal, State, and local pro5 grams, including the Job Training and Partnership

6 Act and vocational education programs serving this

7 at risk population of youth;

8 ‘‘(9) a description of how the program will be

9 coordinated with programs operated under the Juve10 nile Justice and Delinquency Prevention Act, if ap11 plicable;

12 ‘‘(10) a description of how schools will work

13 with probation officers to assist in meeting the needs

14 of youth returning from correctional facilities;

15 ‘‘(11) a description of efforts participating

16 schools will make to ensure correctional facilities

17 working with youth are aware of a child’s existing

18 individualized education program; and

19 ‘‘(12) a description of the steps participating

20 schools will take to find alternative placements for

21 youth interested in continuing their education but

22 unable to participate in a regular public school pro23 gram.

24 ‘‘(e) USES OF FUNDS.—Funds provided to local edu25 cational agencies under this section may be used for—
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1 ‘‘(1) dropout prevention programs which serve

2 youth at educational risk, including pregnant and

3 parent teens, youth who have come in contact with

4 the juvenile justice system, youth at least one year

5 behind their expected grade level, migrants, immi6 grants, students with limited-English proficiency and

7 gang members;

8 ‘‘(2) the coordination of health and social serv9 ices for such youth if there is a likelihood that the

10 provision of such services including day care and

11 drug and alcohol counseling, will improve the likeli12 hood such students will complete their education;

13 and

14 ‘‘(3) programs to meet the unique education

15 needs of youth at risk of dropping out, which may

16 include vocational education, special education, ca17 reer counseling, and assistance in securing student

18 loans or grants.

19 ‘‘(f) PROGRAM REQUIREMENTS FOR CORRECTIONAL

20 FACILITIES RECEIVING FUNDS UNDER THIS SECTION.—

21 Each facility entering into a partnership with a local edu22 cational agency to provide services to youth under this sec23 tion shall—

24 ‘‘(1) ensure educational programs in juvenile fa25 cilities are coordinated with the student’s home
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1 school, particularly with respect to special education

2 students with an individualized education program;

3 ‘‘(2) notify the local school of a youth if the

4 youth is identified as in need of special education

5 servicers while in the facility;

6 ‘‘(3) provide transition assistance to help the

7 youth stay in school, including coordination of serv8 ices for the family, counseling, assistance in

9 accessing drug and alcohol abuse prevention pro10 grams, tutoring, and family counseling;

11 ‘‘(4) provide support programs which encourage

12 the youth who have dropped out to reenter school

13 once their term has been completed or provide such

14 youth with the skills necessary for them to gain em15 ployment or seek a high school equivalency certifi16 cate;

17 ‘‘(5) work to ensure facilities are staffed with

18 teachers and other qualified staff who are also

19 trained to work with children with disabilities and

20 other special needs students taking into consider21 ation such unique needs;

22 ‘‘(6) ensure educational programs in correc23 tional facilities are related to assisting students meet

24 high educational standards;
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1 ‘‘(7) use, to the extent possible, technology to

2 assist coordinating educational programs between

3 the juvenile facility and community school;

4 ‘‘(8) involve parents in efforts to improve the

5 educational achievement of their children and pre6 vent the further involvement of such children in de7 linquent activities;

8 ‘‘(9) coordinate funds received under this pro9 gram with other available State, local, and Federal

10 funds to provide services to participating youth, in11 cluding the Job Training Partnership Act, and voca12 tional education;

13 ‘‘(10) coordinate programs operated under this

14 section with activities funded under the Juvenile

15 Justice and Delinquency Prevention Act, if applica16 ble; and

17 ‘‘(11) if appropriate, work with local businesses

18 to develop training and mentoring programs for par19 ticipating youth.

20 ‘‘(g) ACCOUNTABILITY.—The State educational agen21 cy may—

22 ‘‘(1) reduce or terminate funding for projects

23 funded under this section in local educational agen24 cies if such agencies do not show progress in reduc-
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1 ing dropout rates for male students and for female

2 students over a 3-year period; and

3 ‘‘(2) require juvenile facilities to demonstrate,

4 after 3 years, that there has been an increase in the

5 number of youth returning to school, obtaining high

6 school equivalency certificates, or obtaining employ7 ment after such youth are released.

8 ‘‘SEC. 1411. PROGRAM EVALUATIONS.

9 ‘‘(a) SCOPE OF EVALUATION.—Each State agency or

10 local educational agency that conducts a program under

11 subpart 1 or 2 shall evaluate the program, disaggregating

12 data on participation by sex, and if feasible, by race, eth13 nicity, and age, not less than once every 3 years to deter14 mine its impact on the ability of participants to—

15 ‘‘(1) maintain and improve educational achieve16 ment;

17 ‘‘(2) accrue school credits that meet State re18 quirements for grade promotion and high school

19 graduation;

20 ‘‘(3) for delinquent youth, make the transition

21 to a regular program or other education program

22 operated by a local educational agency; and

23 ‘‘(4) complete high school (or high school

24 equivalency requirements) and obtain employment

25 after leaving the institution.
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1 ‘‘(b) EVALUATION MEASURES.—In conducting each

2 such evaluation with respect to subsection (a)(1), a State

3 agency or local educational agency shall use multiple and

4 appropriate measures of student progress.

5 ‘‘(c) EVALUATION RESULTS.—Each State agency

6 and local educational agency shall—

7 ‘‘(1) submit evaluation results to the State edu8 cational agency; and

9 ‘‘(2) use the results of evaluations under this

10 section to plan and improve subsequent programs

11 for participating children.

12 ‘‘SEC. 1412. DEFINITIONS.

13 ‘‘For the purpose of this part, the following terms

14 have the following meanings:

15 ‘‘(1) The term ‘adult correctional institution’

16 means a facility in which persons are confined as a

17 result of a conviction for a criminal offense, includ18 ing persons under 21 years of age.

19 ‘‘(2) The term ‘at risk youth’ means school

20 aged youth who are at risk of academic failure, have

21 drug or alcohol problems, are pregnant or are par22 ents, have come into contact with the juvenile justice

23 system in the past, are at least one year behind the

24 expected grade level for such age, have limited-Eng-
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1 lish proficiency, are gang members, have dropped

2 out in the past, or have high absenteeism rates.

3 ‘‘(3) The term ‘community-day program’ means

4 a regular program of instruction provided by a State

5 agency at a community-day school operated specifi6 cally for delinquent children.

7 ‘‘(4) The term ‘institution for delinquent chil8 dren’ means a public or private residential facility

9 for the care of children who have been adjudicated

10 to be delinquent or in need of supervision.

11 ‘‘PART E—FEDERAL EVALUATIONS,

12 DEMONSTRATIONS, AND TRANSITION PROJECTS

13 ‘‘SEC. 1501. EVALUATIONS.

14 ‘‘(a) NATIONAL ASSESSMENT.—(1) The Secretary

15 shall conduct a national assessment of programs under

16 this title, in coordination with the ongoing Chapter 1 Lon17 gitudinal Study under subsection (b) of this section, that

18 shall be planned, reviewed, and conducted in consultation

19 with an independent panel of researchers, State practition20 ers, local practitioners, and other appropriate individuals.

21 ‘‘(2) The assessment shall examine how well schools,

22 local educational agencies, and States—

23 ‘‘(A) are progressing toward the goal of all chil24 dren served under this title reaching the State’s con25 tent and performance standards; and
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1 ‘‘(B) are accomplishing the specific purposes set

2 out in section 1001(d) of this title to achieve this

3 goal, including—

4 ‘‘(i) ensuring high standards for all chil5 dren and aligning the efforts of States, local

6 educational agencies, and schools to help chil7 dren reach them;

8 ‘‘(ii) providing children an enriched and

9 accelerated educational program through

10 schoolwide programs or through additional serv11 ices that increase the amount and quality of in12 structional time that children receive;

13 ‘‘(iii) promoting schoolwide reform and ac14 cess of all children to effective instructional

15 strategies and challenging academic content;

16 ‘‘(iv) significantly upgrading the quality of

17 the curriculum and instruction by providing

18 staff in participating schools with substantial

19 opportunities for professional development;

20 ‘‘(v) are using any of the voluntary model

21 State opportunity-to-learn standards that may

22 have been implemented and whether they are

23 useful in improving learning;

24 ‘‘(vi) coordinating services under all parts

25 of this title with each other, with other edu-
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1 cational services, including preschool services,

2 and, to the extent feasible, with health and so3 cial service programs funded from other

4 sources;

5 ‘‘(vii) affording parents meaningful oppor6 tunities to participate in the education of their

7 children at home and at school, including the

8 provisions of family literacy services;

9 ‘‘(viii) distributing resources to areas

10 where needs are greatest;

11 ‘‘(ix) improving accountability, as well as

12 teaching and learning, by making assessments

13 under this title congruent with State assess14 ment systems; and

15 ‘‘(x) providing greater decisionmaking au16 thority and flexibility to schools in exchange for

17 greater responsibility for student performance.

18 ‘‘(3) Where feasible, the Secretary shall use informa19 tion gathered from a variety of sources, including the Na20 tional Assessment of Educational Progress, State evalua21 tions, and available research studies in carrying out this

22 subsection.

23 ‘‘(4) The Secretary shall submit a biennial report

24 summarizing the cumulative findings to date of the assess-
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1 ment to the President and the appropriate committees of

2 the Congress.

3 ‘‘(b) STUDIES AND DATA COLLECTION.—The Sec4 retary may collect such data, as necessary, at the State,

5 local, and school levels and conduct studies and evalua6 tions, including national studies and evaluations, to assess

7 on an ongoing basis the effectiveness of programs under

8 this title and to report on such effectiveness on a periodic

9 basis. The Secretary shall report no later than December

10 31, 1997 to the House Committee on Education and

11 Labor and the Senate Committee on Labor and Human

12 Resources on how schoolwide programs are meeting the

13 needs of children from migratory families.

14 ‘‘(c) NATIONAL EVALUATION OF TITLE I.—The Sec15 retary shall carry out an ongoing evaluation of the pro16 gram under part A of this title in order to provide the

17 public, Congress, and educators involved in such program,

18 an accurate description of the effectiveness of such pro19 gram and provide information that can be used to improve

20 such program’s effectiveness. Such evaluation shall—

21 ‘‘(1) have a longitudinal design tracking cohorts

22 of students for at least 3 years which, when the co23 horts are taken as a whole, provides a picture of

24 such program’s effectiveness over the elementary

25 and secondary grades;
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1 ‘‘(2) be separate and independent from State

2 and local assessments and evaluations as required

3 under this part;

4 ‘‘(3) utilize the highest available content stand5 ards that are generally accepted as national in

6 scope;

7 ‘‘(4) provide information on all students, stu8 dents served under this part, and, if funds are suffi9 cient, information on students from low-income fam10 ilies and limited English proficient students; and

11 ‘‘(5) when feasible, collect, cross-tabulate, and

12 report data by sex within race or ethnicity and socio13 economic status.

14 The Secretary shall use the information from this evalua15 tion as part of the national assessment required by sub16 section (a) and shall report the data from this evaluation

17 to the Congress and the public at least as frequently as

18 that assessment.

19 ‘‘(d)(1) In conducting the National Assessment under

20 subsection (a) and the National Evaluation under sub21 section (b), the Secretary shall not assess the progress of

22 students in grade 1, kindergarten, and pre-kindergarten

23 on the basis of outcome measures such as content and per24 formance standards.
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1 ‘‘(2) Any assessments of children in grade 2 shall uti2 lize matrix sampling and be performance-based.

3 ‘‘(3) Any data collected regarding children in grade

4 2 shall—

5 ‘‘(A) be collected at multiple points in time;

6 ‘‘(B) not be used to stigmatize, label, or place

7 any child; and

8 ‘‘(C) be collected in multiple domains.

9 ‘‘(e) PARENTAL INVOLVEMENT, STUDY, REPORT AND

10 DISSEMINATION.—(1) The Secretary, through the Office

11 of Education Research and Improvement, shall conduct a

12 study to identify and describe—

13 ‘‘(A) common barriers to effective parental in14 volvement in the education of participating children;

15 and

16 ‘‘(B) successful local policies and programs

17 which improve parental involvement and the per18 formance of participating children.

19 ‘‘(2) The Secretary shall—

20 ‘‘(A) complete such study by December 31,

21 1995;

22 ‘‘(B) report the findings of such study to the

23 Committee on Education and Labor of the House of

24 Representatives and to the Committee on Labor and

25 Human Resources of the Senate; and
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1 ‘‘(C) disseminate the findings, relating to the

2 successful local policies and programs which improve

3 parental involvement and the performance of partici4 pating children, to local educational agencies.

5 ‘‘SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

6 ‘‘(a) DEMONSTRATION PROGRAMS TO IMPROVE

7 ACHIEVEMENT.—(1) From the funds appropriated for any

8 fiscal year under section 1002(7)(B), the Secretary may

9 make grants to State educational agencies, local edu10 cational agencies, other public agencies, nonprofit organi11 zations, public/private partnerships involving business and

12 industry organizations, and consortia of such bodies to

13 carry out demonstration projects that show the most

14 promise of enabling children served under this title to

15 meet challenging State standards. Such projects shall in16 clude promising strategies such as—

17 ‘‘(A) accelerated curricula, the application of

18 new technologies to improve teaching and learning,

19 extended learning time, and a safe and enriched full20 day environment for children to provide them the op21 portunity to reach high standards;

22 ‘‘(B) integration of education services with each

23 other and with health, family, and other social serv24 ices such as mentoring programs, particularly in

25 empowerment zones and enterprise communities;
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1 ‘‘(C) effective approaches to whole school re2 form;

3 ‘‘(D) programs that have been especially effec4 tive with limited English proficient children, migra5 tory children and other highly mobile students, chil6 dren leaving institutions for neglected or delinquent

7 children and returning to school, and homeless chil8 dren and youth; and

9 ‘‘(E) programs that are built upon partnerships

10 developed between elementary, middle schools, and

11 secondary schools, employers, and the community

12 which emphasize the integration of high quality aca13 demic and vocational learning, stress excellence and

14 high expectations for success in core academic sub15 jects, instill responsibility, decisionmaking, problem

16 solving, interpersonal skills, and other competencies

17 in students, and make school relevant to the work18 place and the community, through applied and inter19 active teaching methodologies, team teaching strate20 gies, learning opportunities connecting school, the

21 workplace, and the community, and career explo22 ration, awareness, and career guidance opportuni23 ties.

24 ‘‘(2) The Secretary shall evaluate the demonstration

25 projects supported under this title, using rigorous meth-
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1 odological designs and techniques, including control

2 groups and random assignment, to the extent feasible, to

3 produce reliable evidence of effectiveness.

4 ‘‘(b) PARTNERSHIPS.—(1) From funds appropriated

5 under section 1002(7)(B) for any fiscal year, the Sec6 retary may, directly or through grants or contracts, work

7 in partnership with State educational agencies, local edu8 cational agencies, other public agencies, and non-profit or9 ganizations to disseminate and use the highest quality re10 search and knowledge about effective practices to improve

11 the quality of teaching and learning in schools supported

12 under this title.

13 ‘‘SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSI14 TION PROJECTS.

15 ‘‘(a) IN GENERAL.—From not less than $10,000,000

16 of the amount appropriated under section 1002(7)(B) the

17 Secretary shall provide financial assistance to support in18 novative transition projects in elementary schools.

19 ‘‘(b) GRANTS.—(1) From 70 percent of the amount

20 reserved under subsection (a) to carry out this section, the

21 Secretary shall make grants to local educational agencies

22 for the purpose of supporting projects, for children from

23 low-income families who previously attended Head Start,

24 Even Start, or similar preschool programs, which provide
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1 educational and other services in kindergarten and early

2 elementary grades.

3 ‘‘(2) The purpose of such projects are to assist such

4 children to—

5 ‘‘(A) make a successful transition from pre6 school through the early elementary grades; and

7 ‘‘(B) achieve challenging academic standards.

8 ‘‘(3) A program assisted under this subsection

9 shall—

10 ‘‘(A) provide transition-to-elementary school ac11 tivities, such as—

12 ‘‘(i) development of a transition plan for

13 each child, which provides for support and as14 sistance through the third grade;

15 ‘‘(ii) transfer of each child’s preschool

16 records to the elementary school (with parental

17 consent);

18 ‘‘(iii) formal meetings between a child’s

19 parent, preschool teacher, and kindergarten or

20 first grade teacher; and

21 ‘‘(iv) kindergarten visits and other orienta22 tion activities for preschool children prior to en23 rollment in elementary school;
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1 ‘‘(B) use a model instructional approach for

2 which financial assistance is provided under sub3 section (d);

4 ‘‘(C) provide directly or through referral com5 prehensive educational, health, nutritional, social,

6 and other services as will aid in the continued devel7 opment of eligible children to their full potential;

8 and

9 ‘‘(D) provide for the direct participation of the

10 parents of such children in the development, oper11 ation, and evaluation of such program.

12 ‘‘(c) APPLICATIONS AND GRANT PRIORITY.—(1) An

13 application for a grant under subsection (b) shall—

14 ‘‘(A) describe the transition-to-elementary

15 school activities which the applicant plans to admin16 ister;

17 ‘‘(B) describe the model instructional approach

18 the applicant will use, and the manner in which the

19 applicant will implement such approach;

20 ‘‘(C) provide evidence that the applicant has

21 made a formal arrangement to receive technical as22 sistance and training from the agency, organization,

23 or institution which sponsors such approach and re24 ceives funds under subsection (d);
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1 ‘‘(D) describe the manner in which the appli2 cant will provide comprehensive services to the chil3 dren to be served;

4 ‘‘(E) describe how the applicant will provide for

5 direct participation by parents in the planning, oper6 ation, and evaluation of such program;

7 ‘‘(F) describe how such program will be coordi8 nated with title I, title VII, and other programs au9 thorized under this Act; and

10 ‘‘(G) provide evidence that—

11 ‘‘(i) the applicant has entered into formal

12 arrangements with local Head Start, Even

13 Start, and other preschool programs to ensure

14 that the transition activities supported by such

15 program are effective; and

16 ‘‘(ii) the transition activities, instruction,

17 and other services to be provided by the appli18 cant have been specifically designed to build

19 upon, and coordinate with, those services pro20 vided to eligible children and their parents in

21 local Head Start, Even Start and other similar

22 preschool programs.

23 ‘‘(2) An application for a grant under subsection (b)

24 may provide for the use of mentors who are high school

25 or college students trained to provide tutoring to elemen-
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1 tary and secondary students formerly enrolled in Head

2 Start or Even Start programs.

3 ‘‘(3) In making grants under subsection (b), the Sec4 retary shall—

5 ‘‘(A) give priority to applicants that—

6 ‘‘(i) propose to administer a project in

7 schools designated as a schoolwide program

8 under section 1114 of this Act; and

9 ‘‘(ii) propose to use an innovative transi10 tion and instructional approach which has been

11 shown to be effective for the purpose described

12 in paragraph (2) of subsection (b); and

13 ‘‘(B) provide sufficient funds to enable pro14 grams to meet the purposes of paragraph (1) and

15 the requirements of paragraph (2).

16 ‘‘(d) TECHNICAL ASSISTANCE AND TRAINING.—

17 From 30 percent of the amount reserved under subsection

18 (a), the Secretary shall make grants to public and private

19 nonprofit agencies, institutions, and organizations to pro20 vide—

21 ‘‘(1) technical assistance in the implementation

22 and expanded use of model transition and instruc23 tional approaches; and

24 ‘‘(2) training in conjunction with the implemen25 tation and operation of such model approaches.
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1 ‘‘(e) GENERAL PROVISIONS.—

2 ‘‘(1) An application for assistance under this

3 section may not be approved unless the Secretary is

4 satisfied that the services to be provided by the ap5 plicant will supplement, and not supplant, services

6 previously provided without Federal assistance.

7 ‘‘(2) A program which receives assistance under

8 subsection (b) must demonstrate that such program

9 achieved the purposes described in paragraph (2) of

10 such subsection in order to be eligible for a renewal

11 grant.

12 ‘‘PART F—GENERAL PROVISIONS

13 ‘‘SEC. 1601. FEDERAL REGULATIONS.

14 ‘‘(a) IN GENERAL.—The Secretary is authorized to

15 issue such regulations as are necessary to reasonably en16 sure that there is compliance with this title.

17 ‘‘(b) NEGOTIATED RULEMAKING PROCESS.—(1)

18 Prior to publishing proposed regulations in the Federal

19 Register to carry out this title, the Secretary shall obtain

20 the advice and recommendations of representatives of Fed21 eral, State, and local administrators, parents, teachers,

22 and members of local boards of education involved with

23 the implementation and operation of programs under this

24 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

6 Secretary 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

21 process.

22 ‘‘(4) Such process—

23 ‘‘(A) shall be conducted in a timely manner to

24 ensure that final regulations are issued by the Sec25 retary not later than the 240-day period required by
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1 section 437 of the General Education Provisions

2 Act; and

3 ‘‘(B) shall not be subject to the Federal Advi4 sory Committee Act but shall otherwise follow the

5 provisions of the Negotiated Rulemaking Act of

6 1990 (5 U.S.C. 561 et seq.).

7 ‘‘(5) In an emergency situation in which regulations

8 to carry out this title must be issued with a very limited

9 time to assist State and local educational agencies with

10 the operation of the program, the Secretary may issue pro11 posed regulations without following such process but shall,

12 immediately thereafter and prior to issuing final regula13 tions, conduct regional meetings to review such proposed

14 regulations.

15 ‘‘(c) SPECIAL RULE.—Funds made available under

16 section 1002(7) may not be released by the Secretary for

17 expenditure until such time as final regulations to carry

18 out part A are published in the Federal Register.

19 ‘‘(d) LIMITATION.—Regulations to carry out this part

20 may not require local programs to follow a particular in21 structional model, such as the provision of services outside

22 the regular classroom or school program.
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1 ‘‘SEC. 1602. COORDINATION OF FEDERAL, STATE, AND

2 LOCAL ADMINISTRATION.

3 ‘‘(a) PROGRAM ASSISTANCE MANUAL.—The Sec4 retary shall, not later than 6 months after the publication

5 of final regulations under this title, prepare and distribute

6 to State educational agencies, State agencies operating

7 programs under parts C and D, and local educational

8 agencies, and shall make available to parents and other

9 interested individuals, organizations, and agencies, a man10 ual for this title to—

11 ‘‘(1) assist such agencies in—

12 ‘‘(A) enhancing the quality, increasing the

13 depth, or broadening the scope of activities for

14 programs under this title;

15 ‘‘(B) applying for program funds under

16 this title; and

17 ‘‘(C) meeting the program objectives under

18 this title;

19 ‘‘(2) assist State educational agencies in achiev20 ing proper and efficient administration of programs

21 funded under this title;

22 ‘‘(3) assist parents to become involved in the

23 planning for, and implementation and evaluation of,

24 programs and projects under this title; and

25 ‘‘(4) ensure that officers and employees of the

26 Department of Education, including officers and em-
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1 ployees of the Secretary and officers and employees

2 of such Department charged with auditing programs

3 carried on under this title, uniformly interpret,

4 apply, and enforce requirements under this title

5 throughout the United States.

6 ‘‘(b) CONTENTS OF POLICY MANUAL.—The policy

7 manual shall, with respect to programs carried out under

8 this title, contain descriptions, statements, procedural and

9 substantive rules, opinions, policy statements and inter10 pretations and indices to and amendments of the fore11 going, and in particular, whether or not such items are

12 required under section 552 of title 5, United States Code,

13 to be published or made available. The manual shall in14 clude—

15 ‘‘(1) a statement of the requirements applicable

16 to the programs carried out under this title, includ17 ing such requirements contained in this title, the

18 General Education Provisions Act, other applicable

19 statutes, and regulations issued under the authority

20 of such statutes;

21 ‘‘(2) an explanation of the purpose of each re22 quirement and its interrelationship with other appli23 cable requirements; and

24 ‘‘(3) model forms and instructions developed by

25 the Secretary for use by State and local educational
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1 agencies, at their discretion, including, application

2 forms, application review checklists, and instruments

3 for monitoring programs under this title.

4 ‘‘(c) RESPONSE TO INQUIRIES.—The Secretary shall

5 respond with written guidance not more than 90 days

6 after any written request (return receipt requested) from

7 a State or local educational agency regarding a policy,

8 question, or interpretation under this title. In the case of

9 a request from a local educational agency, such agency

10 is required to address its request to the State educational

11 agency first.

12 ‘‘SEC. 1603. STATE ADMINISTRATION.

13 ‘‘(a) RULEMAKING.—(1) Each State that receives

14 funds under this title shall—

15 ‘‘(A) ensure that any State rules, regulations,

16 and policies relating to this title conform to the pur17 poses of this title and provide any such proposed

18 rules, regulations, and policies to the Committee of

19 Practitioners for their review and comment;

20 ‘‘(B) minimize such rules, regulations, and poli21 cies to which their local educational agencies and

22 schools are subject; and

23 ‘‘(C) identify any such rule, regulation, or pol24 icy as a State-imposed requirement.
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1 ‘‘(2) State rules, regulations, and policies under this

2 title shall support and facilitate local educational agency

3 and school-level systemic reform designed to enable all

4 children to meet the State’s standards.

5 ‘‘(b) COMMITTEE OF PRACTITIONERS.—(1) Each

6 State educational agency shall create a State committee

7 of practitioners to advise the State in carrying out its re8 sponsibilities under this title.

9 ‘‘(2) Each such committee shall include—

10 ‘‘(A) as a majority of its members, representa11 tives from local educational agencies;

12 ‘‘(B) administrators;

13 ‘‘(C) teachers, including vocational educators;

14 ‘‘(D) parents;

15 ‘‘(E) members of local boards of education;

16 ‘‘(F) representatives of private school children;

17 and

18 ‘‘(G) counselors.

19 ‘‘(3) The duties of the committee shall include a re20 view, prior to publication, of any proposed or final State

21 rule or regulation pursuant to this title. In an emergency

22 situation where such rule or regulation must be issued

23 within a very limited time to assist local educational agen24 cies with the operation of the program, the State edu25 cational agency may issue a regulation without prior con-
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1 sultation, but shall immediately thereafter convene the

2 State committee of practitioners to review the emergency

3 regulation prior to issuance in final form.

4 ‘‘(c) PAYMENT FOR STATE ADMINISTRATION.—Each

5 State may reserve for the proper and efficient performance

6 of its duties under this title the greater of—

7 ‘‘(1) one percent of the funds received under

8 section 1002(a) and (c) through (f); or

9 ‘‘(2) $375,000, or $50,000 in the case of

10 Guam, American Samoa, the Virgin Islands, the

11 Northern Mariana Islands, and Palau (until the

12 Compact of Free Association takes effect).

13 ‘‘TITLE II—IMPROVING

14 TEACHING AND LEARNING

15 ‘‘PART A—DWIGHT D. EISENHOWER

16 PROFESSIONAL DEVELOPMENT PROGRAM

17 ‘‘SEC. 2101. FINDINGS.

18 ‘‘The Congress finds that—

19 ‘‘(1) reaching the National Education Goals re20 quires a comprehensive educational reform strategy

21 that involves parents, schools, government, commu22 nities, and other public and private organizations at

23 all levels;

24 ‘‘(2) a crucial component of the strategy for

25 achieving these goals is ensuring, through sustained
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1 and intensive high-quality professional development,

2 and through the development and adoption of high

3 quality curriculum, that all teachers are capable of

4 providing challenging learning experiences in the

5 core academic subjects for their students;

6 ‘‘(3) decisionmaking as to what activities a

7 State or local educational agency should undertake

8 to improve teaching and learning are best made by

9 individuals in the schools closest to the classroom

10 and most knowledgeable about the needs of schools

11 and students;

12 ‘‘(4) the potential positive impact of high-qual13 ity professional development is underscored by re14 cent research findings that—

15 ‘‘(A) professional development must be fo16 cused on teaching and learning in order to

17 change the opportunities of all students to

18 achieve higher standards; and

19 ‘‘(B) effective professional development fo20 cuses on discipline-based knowledge and sub21 ject-specific pedagogical skills, involves teams of

22 teachers and administrators in a school and,

23 through professional networks of teachers and

24 administrators, is interactive and collaborative,

25 motivates by its intrinsic content and relation-
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1 ship to practice, builds on experience and learn2 ing-by-doing, and becomes incorporated into the

3 everyday life of the school;

4 ‘‘(5) engaging teachers in the development of

5 high quality curricula is a powerful professional

6 development activity that improves teaching and

7 learning;

8 ‘‘(6) special attention must be given in profes9 sional development activities to ensure that edu10 cation professionals are knowledgeable of, and make

11 use of, strategies for serving populations that his12 torically have lacked access to equal opportunities

13 for advanced learning and career advancement;

14 ‘‘(7) States and local educational agencies also

15 need to engage teachers in the development of high

16 quality curricula that are aligned with State or local

17 content and performance standards in order to im18 prove teaching and learning and ensure that stu19 dents achieve the State standards;

20 ‘‘(8) professional development is often a victim

21 of budget reductions in fiscally difficult times and

22 curricula development is almost nonexistent in many

23 State and local school systems; and

24 ‘‘(9) the Federal Government has a vital role in

25 helping States and local educational agencies to
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1 make sustained and intensive high-quality profes2 sional development in the core academic subjects be3 come an integral part of the elementary and second4 ary education system and in providing assistance to

5 such agencies to engage teachers in the development

6 of high quality curricula that are aligned with State

7 or local content and performance standards.

8 ‘‘SEC. 2102. PURPOSES.

9 ‘‘The purposes of this part are to provide assistance

10 to States and local educational agencies and to institutions

11 of higher education with teacher education programs so

12 that such agencies can determine how best to improve the

13 teaching and learning of all students through—

14 ‘‘(1) helping to ensure that teachers, other

15 staff, and administrators have access to sustained

16 and intensive high-quality professional development

17 that is aligned to challenging State content and per18 formance standards in the care academic subjects

19 and that—

20 ‘‘(A) is tied to challenging State and local

21 curriculum content and student performance

22 standards;

23 ‘‘(B) reflects recent research on teaching

24 and learning;
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1 ‘‘(C) incorporates effective strategies, tech2 niques, methods, and practices for meeting the

3 educational needs of diverse students, including

4 females, minorities, individuals with disabilities,

5 limited-English proficient individuals, and eco6 nomically disadvantaged individuals, in order to

7 ensure that all students have the opportunity to

8 achieve challenging performance standards;

9 ‘‘(D) includes strong academic content and

10 pedagogical components;

11 ‘‘(E) is of sufficient intensity and duration

12 to have a positive and lasting impact on the

13 teacher’s performance in the classroom; and

14 ‘‘(F) is part of the everyday life of the

15 school and creates an orientation toward contin16 uous improvement throughout the school; and

17 ‘‘(2) assisting States and local educational

18 agencies to engage teachers in the development of

19 high quality curriculum that is aligned with State or

20 local content and performance standards.

21 ‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLO22 CATION BETWEEN SUBPARTS.

23 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—For the

24 purpose of carrying out this part, there are authorized to

25 be appropriated $800,000,000 for fiscal year 1995 and
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1 such sums as may be necessary for fiscal years 1996,

2 1997, 1998, and 1999.

3 ‘‘(b) ALLOCATION BETWEEN SUBPARTS.—Of the

4 funds appropriated to carry out this part for a fiscal year,

5 the Secretary shall use—

6 ‘‘(1) 5 percent to carry out subpart 1; and

7 ‘‘(2) 95 percent to carry out subpart 2.

8 ‘‘Subpart 1—Federal Activities

9 ‘‘SEC. 2111. PROGRAM AUTHORIZED.

10 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au11 thorized to make grants to, and enter into contracts and

12 cooperative agreements with, local educational agencies,

13 State educational agencies, State agencies for higher edu14 cation, educational service agencies, institutions of higher

15 education, and other public and private agencies, other or16 ganizations, and institutions to—

17 ‘‘(1) support activities of national significance

18 that will contribute to the development and imple19 mentation of high-quality professional development

20 activities in the core academic subject areas;

21 ‘‘(2) support the development of challenging

22 curriculum that is aligned with State or local con23 tent and performance standards; and

24 ‘‘(3) evaluate activities carried out under this

25 subpart and under subpart 2.
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1 ‘‘(b) COORDINATION WITH OTHER AGENCIES.—In

2 carrying out this program, the Secretary shall consult and

3 coordinate with the National Science Foundation, the Na4 tional Endowment for the Humanities, the National En5 dowment for the Arts, and other appropriate Federal

6 agencies and entities.

7 ‘‘SEC. 2112. AUTHORIZED ACTIVITIES.

8 ‘‘(a) The Secretary shall use funds available to carry

9 out this subpart—

10 ‘‘(1) to provide seed money to eligible entities to

11 develop their capacity to offer sustained and inten12 sive high-quality professional development;

13 ‘‘(2) for the development and maintenance of a

14 national clearinghouse for science, mathematics, and

15 technology education materials which shall be ad16 ministered as an adjunct clearinghouse of the ERIC

17 system of clearinghouses supported by the Office of

18 Educational Research and Improvement;

19 ‘‘(3) to support consortia of educational agen20 cies and organizations in disseminating information

21 and providing assistance regarding curricula, teach22 ing methods, and assessment tools that support na23 tional or State content standards in mathematics

24 and science; and
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1 ‘‘(4) the evaluation of programs under this sub2 part and under subpart 2.

3 ‘‘(b) The Secretary may use funds available to carry

4 out this subpart—

5 ‘‘(1) for the development and maintenance of

6 national clearinghouses for core academic subjects as

7 the Secretary determines are needed and which shall

8 be administered as adjunct clearinghouses of the

9 ERIC system of clearinghouses supported by the Of10 fice of Educational Research and Improvement;

11 ‘‘(2) to provide grants to entities to develop

12 high quality curricula that are aligned with vol13 untary national or State content standards;

14 ‘‘(3) to sponsor institutes that provide teachers

15 and administrators with professional development

16 that is based on strong and integrated disciplinary

17 content and pedagogical components;

18 ‘‘(4) for efforts to train teachers in the innova19 tive uses and applications of technology to enhance

20 student learning;

21 ‘‘(5) to encourage the development of local and

22 national professional networks of educators;

23 ‘‘(6) to disseminate standards in the core aca24 demic subjects, including information on voluntary

25 national content and performance standards and re-
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1 lated models of high-quality professional develop2 ment;

3 ‘‘(7) for efforts to train teachers in innovative

4 uses of applied learning strategies such as service

5 learning;

6 ‘‘(8) to disseminate models of high-quality pro7 fessional development activities that train educators

8 in strategies, techniques, methods, and practices for

9 meeting the educational needs of historically under10 served populations, including females, minorities, in11 dividuals with disabilities, limited-English proficient

12 individuals, and economically disadvantaged individ13 uals, in order to ensure that all students have the

14 opportunity to achieve challenging performance

15 standards;

16 ‘‘(9) to promote the transferability of licensure

17 and certification of teachers and administrators

18 among State and local jurisdictions; and

19 ‘‘(10) to support the National Board for Profes20 sional Teaching Standards.

21 ‘‘(c) In carrying out subsection (a), the Secretary

22 shall ensure that each program, project, and activity con23 tained in such subsection receives an allocation that is no

24 less than the amount that each such program, project, or

25 activity received in fiscal year 1994.
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1 ‘‘Subpart 2—State and Local Activities

2 ‘‘SEC. 2121. PROGRAM AUTHORIZED.

3 ‘‘The Secretary is authorized to make grants to State

4 educational agencies for the improvement of teaching and

5 learning through sustained and intensive high-quality pro6 fessional development activities in the core academic sub7 jects at the State and local levels and the development by

8 teachers and others of high-quality curricula that are

9 aligned with State or local content and performance stand10 ards.

11 ‘‘SEC. 2122. ALLOCATION OF FUNDS.

12 ‘‘(a) RESERVATION OF FUNDS.—From the amount

13 made available to carry out this subpart for any fiscal

14 year, the Secretary shall—

15 ‘‘(1) reserve one half of one percent for the out16 lying areas, to be distributed among them on the

17 basis of relative need, as determined by the Sec18 retary in light of the purposes of this part; and

19 ‘‘(2) reserve one half of one percent for the Sec20 retary of the Interior for programs under this sub21 part for professional development activities for

22 teachers, other staff, and administrators in schools

23 operated or funded by the Bureau of Indian Affairs.

24 ‘‘(b) STATE ALLOTMENTS.—The Secretary shall allo25 cate the remaining amount to each of the 50 States, the

26 District of Columbia, and the Commonwealth of Puerto
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1 Rico as follows, except that no State shall receive less than

2 one-half of one percent of such remaining amount:

3 ‘‘(1) 50 percent shall be allocated among such

4 jurisdictions on the basis of their relative popu5 lations of individuals aged 5 through 17, as deter6 mined by the Secretary on the basis of the most re7 cent satisfactory data.

8 ‘‘(2) 50 percent shall be allocated among such

9 jurisdictions in accordance with the relative amounts

10 such jurisdictions received under part A of title I of

11 this Act for the preceding fiscal year.

12 ‘‘(c) REALLOCATION.—If any jurisdiction does not

13 apply for its allotment under subsection (b) for any fiscal

14 year, the Secretary shall reallocate such amount to the re15 maining jurisdictions in accordance with such subsection.

16 ‘‘SEC. 2123. WITHIN-STATE ALLOCATIONS.

17 ‘‘(a) RESERVATIONS.—Of the amounts received by a

18 State under this subpart for a fiscal year—

19 ‘‘(1) not more than 5 percent shall be used for

20 the administrative costs of programs carried out by

21 the State educational agency and the State agency

22 for higher education;

23 ‘‘(2) not more than 5 percent may be used for

24 State-level activities, as described in section 2125;

25 and
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1 ‘‘(3) of the remaining amount—

2 ‘‘(A) 87 percent shall be distributed to

3 local educational agencies, to be used in accord4 ance with section 2129, as follows:

5 ‘‘(i) 50 percent of such amount shall

6 be distributed in accordance with the rel7 ative enrollments in public and private

8 nonprofit schools within their boundaries.

9 ‘‘(ii) 50 percent of such amount shall

10 be distributed in accordance with the rel11 ative amount such agencies received under

12 part A of title I of this Act for the preced13 ing fiscal year; and

14 ‘‘(B) 13 percent shall be used for competi15 tive grants to institutions of higher education

16 as described in section 2129.

17 ‘‘(b) LIMITATION.—

18 ‘‘(1) GENERAL RULE.—Except as provided in

19 paragraph (2), any local educational agency that re20 ceives an allocation of less than $10,000 under sub21 section (a) shall, for the purpose of providing serv22 ices under this subpart, form a consortium with at

23 least 1 other local educational agency or institution

24 of higher education receiving assistance under this

25 section.
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1 ‘‘(2) WAIVER.—The State educational agency

2 shall waive the application of paragraph (1) in the

3 case of any local educational agency that dem4 onstrates that the amount of its allocation is suffi5 cient to provide a program of sufficient size, scope,

6 and quality to be effective. In granting waivers

7 under the preceding sentence, the State educational

8 agency shall—

9 ‘‘(A) give special consideration to local

10 educational agencies serving rural areas; and

11 ‘‘(B) consider cash or in-kind contributions

12 provided from State or local sources that may

13 be combined with the local educational agency’s

14 allocation for the purpose of providing services

15 under this part.

16 ‘‘SEC. 2124. STATE APPLICATIONS.

17 ‘‘(a) APPLICATIONS REQUIRED.—Each State edu18 cational agency that wishes to receive its allotment under

19 this subpart for any fiscal year shall submit an application

20 to the Secretary at such time and in such form as the

21 Secretary may require.

22 ‘‘(b) STATE PLAN TO IMPROVE TEACHING AND

23 LEARNING—(1) Each application under this section shall

24 include a State plan that—
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1 ‘‘(A) is integrated with the State’s plan, either

2 approved or being developed, under title III of the

3 Goals 2000: Educate America Act, and satisfies the

4 requirements of this section that are not already ad5 dressed by that State plan; or

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

7 plan under title III of the Goals 2000: Educate

8 America Act and is not developing such a plan, is

9 integrated with other State plans under this Act and

10 satisfies the requirements of this section.

11 ‘‘(2) Each such plan shall also—

12 ‘‘(A) be developed in conjunction with the State

13 agency for higher education, institutions of higher

14 education, schools of education, and with the exten15 sive participation of teachers and administrators and

16 members of the public who are interested in improv17 ing education in the State and show the role of each

18 in implementation;

19 ‘‘(B) be designed to give teachers and adminis20 trators in the State the knowledge and skills to pro21 vide all students the opportunity to meet challenging

22 State performance standards;

23 ‘‘(C) include an assessment of State and local

24 needs for professional development and for the devel-
223

•HR 6 RFS

1 opment of curricula that are aligned with State or

2 local content and performance standards;

3 ‘‘(D) include a description of how the plan has

4 assessed the needs of local education agencies serv5 ing rural areas, and what actions are planned to

6 meet those needs;

7 ‘‘(E) include a description of how the plan has

8 maintained funding for professional development ac9 tivities in mathematics and science education;

10 ‘‘(F) include a description of how the activities

11 funded under this subpart will address the needs of

12 teachers in schools receiving assistance under part A

13 of title I of this Act;

14 ‘‘(G) a description of how programs in all core

15 academic subjects, but especially in mathematics and

16 science, will take into account the need for greater

17 access to, and participation in, such disciplines by

18 students from historically underrepresented groups,

19 including females, minorities, individuals with lim20 ited-English proficiency, the economically disadvan21 taged, and the disabled, by incorporating peda22 gogical strategies and techniques which meet their

23 educational need;
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•HR 6 RFS

1 ‘‘(H) if the State’s needs assessment under sub2 section (C) demonstrates a need for professional de3 velopment, describe how the State will—

4 ‘‘(i) work with teachers, including teachers

5 in schools receiving assistance under part A of

6 title I of this Act, administrators, local edu7 cational agencies, schools, and institutions of

8 higher education to ensure that they develop

9 the capacity to support sustained and intensive,

10 high-quality professional development programs

11 in all the core academic subject areas, but espe12 cially in mathematics and science;

13 ‘‘(ii) take specific steps to review and, if

14 necessary, reform State requirements for licen15 sure of teachers and administrators, including

16 certification and recertification, to align such

17 requirements with challenging State content

18 and performance standards; and

19 ‘‘(iii) address the need for improving

20 teaching and learning through teacher develop21 ment beginning with recruitment, pre-service,

22 and induction, and continuing throughout the

23 professional teaching career; and
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•HR 6 RFS

1 ‘‘(I) if the State’s needs assessment under sub2 paragraph (C) demonstrates a need for curricula de3 velopment, describe—

4 ‘‘(i) a strategy for engaging teachers in the

5 development of curricula that are aligned with

6 State or local content and performance stand7 ards; and

8 ‘‘(ii) how the State will also work with ad9 ministrators, parents, school board members,

10 and other members of the community in devel11 oping high quality curricula that are aligned

12 with State or local content and performance

13 standards.

14 ‘‘(c) ADDITIONAL MATERIAL.—Each State applica15 tion shall also include—

16 ‘‘(1) a description of how the activities funded

17 under this subpart will be coordinated, as appro18 priate, with—

19 ‘‘(A) other activities conducted with Fed20 eral funds, especially activities supported under

21 part A of title I of this Act;

22 ‘‘(B) State and local funds;

23 ‘‘(C) resources from business and industry;

24 and
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•HR 6 RFS

1 ‘‘(D) funds from other Federal agencies,

2 such as the National Science Foundation, the

3 Departments of Commerce, Energy, and Health

4 and Human Services, the National Endowment

5 for the Arts, and the National Endowment for

6 the Humanities; and

7 ‘‘(2) a description of the activities to be spon8 sored under the State-level activities and the higher

9 education components of its program under this sub10 part.

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

12 (1) The Secretary shall approve the application of a State

13 educational agency if it meets the requirements of this sec14 tion and holds reasonable promise of achieving the pur15 poses of this part.

16 ‘‘(2) In reviewing applications, the Secretary shall ob17 tain the advice of non-Federal experts on education in the

18 core academic subjects and on teacher education, includ19 ing teachers and administrators.

20 ‘‘SEC. 2125. STATE-LEVEL ACTIVITIES.

21 ‘‘Each State may use funds reserved under section

22 2123(a)(2) to carry out activities referred to in section

23 2124(b), such as—

24 ‘‘(1) reviewing and reforming State require25 ments for teacher and administrator licensure, in-
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•HR 6 RFS

1 cluding certification and recertification, to align such

2 requirements with the State’s content standards and

3 ensure that teachers and administrators have the

4 knowledge and skills necessary to help students meet

5 challenging State performance standards;

6 ‘‘(2) developing performance assessments and

7 peer review procedures, as well as other methods, for

8 licensing teachers and administrators;

9 ‘‘(3) providing technical assistance to schools

10 and local educational agencies especially schools and

11 local educational agencies that receive assistance

12 under part A of title I of this Act, to help such

13 schools and agencies provide effective professional

14 development in the core academic subjects and de15 velop high quality curricula;

16 ‘‘(4) developing or supporting professional de17 velopment networks, either within a State or in a re18 gional consortium of States, that provide a forum

19 for interaction among teachers and that allow ex20 change of information on advances in content assess21 ment and pedagogy;

22 ‘‘(5) supporting partnerships between schools,

23 consortia of schools, or local education agencies and

24 institutions of higher education, including but not

25 limited to schools of education, which would encour-
228

•HR 6 RFS

1 age teachers to participate in intensive, ongoing pro2 fessional development programs, both academic and

3 pedagogical, at institutions of higher education, and

4 to encourage students at institutions of higher edu5 cation studying to become teachers to have direct,

6 practical experience at the schools;

7 ‘‘(6) enhancing the effective use of educational

8 technology as an instructional tool for increasing

9 student understanding of the core academic subject

10 areas including—

11 ‘‘(A) efforts to train teachers in the inno12 vative uses and application of instructional

13 technology;

14 ‘‘(B) utilizing and strengthening existing

15 telecommunications infrastructure dedicated to

16 educational purposes; and

17 ‘‘(C) efforts to train teachers in methods

18 for achieving gender equity both in access to

19 and teaching practices used in the application

20 of educational technology;

21 ‘‘(7) providing incentives for teachers to be in22 volved in curriculum development and technical as23 sistance processes for teachers and students;

24 ‘‘(8) professional development enabling teachers

25 and other school staff to ensure that girls, young
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•HR 6 RFS

1 women, minorities, limited English proficient stu2 dents, individuals with disabilities, and economically

3 disadvantaged individuals have the opportunity to

4 achieve challenging State performance standards in

5 the core academic subjects by, for example, encour6 aging girls, young women, and minorities to pursue

7 advanced courses in mathematics and science;

8 ‘‘(9) designing professional development activi9 ties that increase the numbers of members of minor10 ity and other underrepresented groups in the teach11 ing force in the core subjects;

12 ‘‘(10) developing high quality curriculum that is

13 aligned with State or local content and performance

14 standards; and

15 ‘‘(11) providing financial or other incentives for

16 teachers to become certified by the National Board

17 for Professional Teaching Standards.

18 ‘‘SEC. 2126. LOCAL PLAN AND APPLICATION FOR IMPROV19 ING TEACHING AND LEARNING.

20 ‘‘(a) LOCAL APPLICATION.—(1) Each local edu21 cational agency that wishes to receive a subgrant under

22 this subpart shall submit an application (singly or as a

23 consortia as described in section 2123(b)) to the State

24 educational agency at such time as the State educational
230

•HR 6 RFS

1 agency shall require, but not less frequently than every

2 3rd year.

3 ‘‘(2) If the local educational agency has an applica4 tion approved by the State under title III of the Goals

5 2000: Educate America Act, the application required by

6 this section shall be a component of (or, if necessary, an

7 addendum to) its Goals 2000 application.

8 ‘‘(3) A local education agency shall set specific per9 formance indicators for improving teaching and learning

10 through professional development and curriculum develop11 ment.

12 ‘‘(4) A local educational agency shall submit, as part

13 of its application, the results of the needs assessment con14 ducted under subsection (b), and the local educational

15 agency plan developed in accordance with subsection (c).

16 ‘‘(b) NEEDS ASSESSMENT.—(1) A local educational

17 agency that wishes to receive a subgrant under this sub18 part shall include in its application an assessment of such

19 agency’s need for professional development, for the devel20 opment of high quality curricula that are aligned with

21 State or local content and performance standards.

22 ‘‘(2) Such needs assessment shall be carried out with

23 the involvement of teachers, including teachers in schools

24 receiving assistance under part A of title I of this Act,

25 and shall take into account what activities need to be con-
231

•HR 6 RFS

1 ducted in order to give teachers and administrators the

2 means, including the knowledge and skills, to provide stu3 dents with the opportunity to meet challenging State or

4 local performance standards.

5 ‘‘(c) PLAN DEVELOPMENT.—(1) The plan required

6 under this subsection shall be developed jointly by the local

7 educational agency and by teachers from the core aca8 demic disciplines.

9 ‘‘(2) Such teachers shall also be representative of the

10 grade spans within schools to be served and of schools

11 which receive assistance under part A of title I of this Act.

12 ‘‘(3) Based on the needs assessment required under

13 subsection (b), the local educational agency’s plan shall

14 include the following—

15 ‘‘(A) a description of the local educational agen16 cy’s strategy to improve teaching and learning in

17 every school;

18 ‘‘(B) a description of how the plan contributes

19 to the local educational agency’s overall efforts for

20 school reform and educational improvement;

21 ‘‘(C) a description of the activities the local

22 educational agency intends to undertake under this

23 subpart consistent with such agency’s needs assess24 ment conducted under subsection (b);
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•HR 6 RFS

1 ‘‘(D) a description of how the plan has main2 tained funding for professional development activi3 ties in mathematics and science education;

4 ‘‘(E) a description of how the activities funded

5 under this section will address the needs of teachers

6 in schools receiving assistance under part A of title

7 I of this Act;

8 ‘‘(F) 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

11 access to, and participation in, such disciplines by

12 students from historically underrepresented groups,

13 including females, minorities, individuals with lim14 ited-English proficiency, the economically disadvan15 taged, and the disabled, by incorporating peda16 gogical strategies and techniques which meet their

17 educational need;

18 ‘‘(G) an assurance that the activities conducted

19 with funds received under this program will be as20 sessed at least every 3 years using the performance

21 indicators; and

22 ‘‘(H) a description of how the program funded

23 under this subpart will be coordinated, as appro24 priate, with—
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•HR 6 RFS

1 ‘‘(i) activities conducted under section

2 2130 and other services of institutions of higher

3 education;

4 ‘‘(ii) similar State and local activities;

5 ‘‘(iii) resources provided under part A of

6 title I and other parts of this Act, particularly

7 part B of title II;

8 ‘‘(iv) resources from business, industry,

9 private nonprofit organizations (including muse10 ums, libraries, educational television stations,

11 community-based organizations, professional or12 ganizations and associations specializing in, or

13 with a demonstrated expertise in the core aca14 demic disciplines);

15 ‘‘(v) funds or programming from other

16 Federal agencies, such as the National Science

17 Foundation, the Department of Energy, the

18 Department of Health and Human Services, the

19 National Endowment for the Humanities, and

20 the National Endowment for the Arts; and

21 ‘‘(vi) an identification of funding that will

22 provide the local educational agency’s contribu23 tion under section 2127.
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•HR 6 RFS

1 ‘‘SEC. 2127. LOCAL COST SHARING.

2 ‘‘(a) IN GENERAL.—Each local educational agency

3 shall bear not less than 33 percent of the cost of any pro4 gram carried out under this subpart, but not including the

5 cost of services provided to private schoolteachers.

6 ‘‘(b) AVAILABLE RESOURCES FOR COST-SHARING.—

7 A local educational agency may meet the requirements of

8 subsection (a) through one or more of the following:

9 ‘‘(1) Cash expenditures from non-Federal

10 sources, including private contributions, directed to11 ward professional development and curriculum devel12 opment activities.

13 ‘‘(2) Release time for teachers participating in

14 professional development or curricula development

15 funded under this subpart.

16 ‘‘(3) Funds received under one or more of the

17 following programs, if used for professional develop18 ment or curricula development activities consistent

19 with this subpart and consistent with the statutes

20 under which such funds are provided, then such

21 funds must be used for the benefit of students and

22 teachers in the schools that would otherwise have

23 been served with such funds:

24 ‘‘(A) Part A of title I of this Act.

25 ‘‘(B) The Safe and Drug Free Schools pro26 gram under title IV of this Act.
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•HR 6 RFS

1 ‘‘(C) The bilingual education program

2 under title VII of this Act.

3 ‘‘(D) The Women’s Educational Equity

4 Program under title III of this Act.

5 ‘‘(E) Title III of the Goals 2000: Educate

6 America Act.

7 ‘‘(F) Programs that are related to the pur8 poses of this Act that are administered by other

9 agencies, including the National Science Foun10 dation, the National Endowment for the Hu11 manities, the National Endowment for the Arts,

12 and the Department of Energy.

13 ‘‘(c) WAIVER.—The State educational agency may

14 approve an application which has not fully met the re15 quirements of subsection (a) and waive the requirements

16 of subsection (a) if a local educational agency can dem17 onstrate that it is unable to meet the requirements of sub18 section (a) due to economic hardship and that compliance

19 with such requirements would preclude its participation in

20 the program.

21 ‘‘SEC. 2128. LOCAL ALLOCATION OF FUNDS AND ALLOW22 ABLE ACTIVITIES.

23 ‘‘(a) LOCAL ALLOCATION OF FUNDS.—Each local

24 educational agency that receives funds under this subpart

25 for any fiscal year—
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•HR 6 RFS

1 ‘‘(1) shall use not less than 80 percent of such

2 funds for—

3 ‘‘(A) professional development of teachers,

4 principals, and other instructional staff who

5 work directly with children; and

6 ‘‘(B) engaging teachers and other staff in

7 the development of high quality curricula

8 aligned with State and local content and per9 formance standards, in a manner that is deter10 mined by such teachers and staff and is consist11 ent with the provisions of such local educational

12 agency’s application under section 2126, any

13 school plan under part A of title I of this Act,

14 and any other plan for professional development

15 or curricula development carried out with Fed16 eral, State, or local funds; and

17 ‘‘(2) may use not more than 20 percent of such

18 funds for district-level professional or curricula de19 velopment activities, which may include the partici20 pation of administrators and policymakers if such

21 activities directly support instructional personnel.

22 ‘‘(b) AUTHORIZED ACTIVITIES.—Each local edu23 cational agency and school that receives funds under this

24 subpart shall use such funds for activities that give teach25 ers and administrators the knowledge and skills to provide
237

•HR 6 RFS

1 students with the opportunity to meet challenging State

2 or local content and performance standards. Funds re3 ceived by local educational agencies under this subpart

4 only shall be used for the activities specified under sub5 sections (c) and (d). No less than 80 percent of those

6 funds shall be used for activities under subsection (c) and

7 not more than 20 percent for activities under subsection

8 (d).

9 ‘‘(c) PROFESSIONAL DEVELOPMENT.—If a needs as10 sessment conducted under section 2126(b) determines

11 that funds under this subpart should be used to provide

12 professional development in the core academic subjects for

13 teachers and other school staff, the local educational agen14 cy shall use such funds for professional development for

15 teachers and other staff to support teaching consistent

16 with State, or local content standards, and shall, to the

17 extent practicable, coordinate such activities with institu18 tions of higher education and activities under section

19 2129:

20 ‘‘(1) Professional development activities funded

21 under this subpart shall—

22 ‘‘(A) be tied to challenging State or local

23 content and student performance standards;

24 ‘‘(B) reflect recent research on teaching

25 and learning;
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•HR 6 RFS

1 ‘‘(C) incorporates effective strategies, tech2 niques, methods, and practices for meeting the

3 educational needs of diverse students, including

4 females, minorities, individuals with disabilities,

5 limited-English proficient individuals, and eco6 nomically disadvantaged individuals, in order to

7 ensure that all students have the opportunity to

8 achieve challenging performance standards;

9 ‘‘(D) include strong academic content and

10 pedagogical components;

11 ‘‘(E) be of sufficient intensity and duration

12 to have a positive and lasting impact on the

13 teacher’s performance in the classroom; and

14 ‘‘(F) be part of the everyday life of the

15 school and create an orientation toward contin16 uous improvement throughout the school.

17 ‘‘(2) Funds under this subpart may be used for

18 professional development activities such as—

19 ‘‘(A) professional development for teams of

20 teachers, administrators, or other staff from in21 dividual schools, to support teaching consistent

22 with State or local content standards;

23 ‘‘(B) support and time for teachers and

24 other school staff to participate in professional

25 development in the core subjects offered
239

•HR 6 RFS

1 through professional associations, universities,

2 community-based organizations, and other pro3 viders including museums and educational part4 nership organizations;

5 ‘‘(C) activities that provide followup for

6 teachers who have participated in professional

7 development activities that are designed to en8 sure that knowledge and skills learned by the

9 teacher are implemented in the classroom;

10 ‘‘(D) support for partnerships between

11 schools, consortia of schools, or local education

12 agencies and institutions of higher education,

13 including but not limited to schools of edu14 cation, which would encourage teachers to par15 ticipate in intensive, ongoing professional devel16 opment programs, both academic and peda17 gogical, at institutions of higher education, and

18 to encourage students at institutions of higher

19 education studying to become teachers to have

20 direct, practical experience at the schools;

21 ‘‘(E) the establishment and maintenance of

22 local professional networks that provide a forum

23 for interaction among teachers and that allow

24 exchange of information on advances in content

25 and pedagogy;
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•HR 6 RFS

1 ‘‘(F) activities to prepare teachers in the

2 effective use of educational technology as an in3 structional tool for increasing student under4 standing of the core academic subject areas;

5 ‘‘(G) activities to enable teachers to ensure

6 that girls, young women, minorities, limited7 English proficient students, individuals with

8 disabilities, and economically disadvantaged in9 dividuals the opportunity to achieve the chal10 lenging State performance standards in the core

11 academic subjects;

12 ‘‘(H) professional development and recruit13 ment activities designed to increase the number

14 of minorities, individuals with disabilities, and

15 females teaching in the core academic subject in

16 which they are underrepresented;

17 ‘‘(I) the development of incentive strategies

18 for rewarding schools where a substantial por19 tion of the teachers achieve certification by the

20 National Board for Professional Teaching

21 Standards; and

22 ‘‘(J) other sustained and intensive high23 quality professional development activities in

24 the core academic subjects.
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•HR 6 RFS

1 ‘‘(d) CURRICULUM DEVELOPMENT.—(1) If the needs

2 assessment of a local educational agency determines that

3 funds under this subpart should be used for curriculum

4 development, such agency shall use the funds provided to

5 develop high quality curricula that is aligned with State

6 or local content and performance standards.

7 ‘‘(2) Funds may be used to purchase the curriculum

8 materials to the extent such materials are essential compo9 nents of the local educational agency’s plan to improve

10 teaching and learning in the core academic subjects.

11 ‘‘SEC. 2129. HIGHER EDUCATION ACTIVITIES.

12 ‘‘(a) GENERAL.—(1) The State agency for higher

13 education, working in conjunction with the State edu14 cational agency (if it is a separate agency), shall make

15 grants to, or enter into contracts or cooperative agree16 ments with, institutions of higher education and nonprofit

17 organizations including museums and educational partner18 ship organizations, which demonstrate consultation and

19 cooperation with a local education agency, consortium of

20 local education agencies, or schools, for—

21 ‘‘(A) professional development activities in

22 the core academic subject areas that contribute

23 to the State plan for professional development;

24 ‘‘(B) engaging teachers in the development

25 of high-quality curricula that are aligned with
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•HR 6 RFS

1 State or local content and performance stand2 ards;

3 ‘‘(C) developing and providing assistance

4 to local education agencies, and the teachers

5 and staff of each such agency, for sustained,

6 high-quality professional development activities;

7 and

8 ‘‘(D) improving teacher education pro9 grams in order to promote further innovation in

10 teacher education programs within an institu11 tion of higher education and to better meet the

12 needs of the local education agencies for well13 prepared teachers;

14 ‘‘(2) All such awards shall be made on a competitive

15 basis.

16 ‘‘(3) No institution of higher education may receive

17 assistance under subsection (a)(1) of this subsection un18 less the institution enters into an agreement with a local

19 education agency, or consortium of such agencies, to pro20 vide sustained, high-quality professional development for

21 the elementary and secondary school teachers in the

22 schools of each such agency.

23 ‘‘(4) Each project funded under this section shall in24 volve a joint effort of the recipient’s school or department
243

•HR 6 RFS

1 of education and the schools or departments in the specific

2 disciplines in which assistance may be provided.

3 ‘‘(b) ALLOWABLE ACTIVITIES.—A recipient of funds

4 under this section shall use those funds for—

5 ‘‘(1) sustained and intensive high-quality pro6 fessional development for teams of teachers, or

7 teachers and administrators from individual schools

8 or districts;

9 ‘‘(2) other sustained and intensive professional

10 development activities related to achievement of the

11 State plan for professional development such as—

12 ‘‘(A) establishment and maintenance of

13 professional networks of teachers that provide a

14 forum for interaction among teachers and that

15 allow exchange of information on advances in

16 content and pedagogy;

17 ‘‘(B) programs that prepare teachers to be

18 effective users of information technology, able

19 to integrate technology into their pedagogy and

20 their instructional practices, and able to en21 hance their curricular offerings by appropriate

22 applications of technology;

23 ‘‘(C) programs that utilize information

24 technology to deliver sustained and intensive
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•HR 6 RFS

1 high quality professional development activities

2 for teachers;

3 ‘‘(D) activities to enable teachers to ensure

4 that girls, young women, minorities, limited5 English proficient students, individuals with

6 disabilities, and economically disadvantaged in7 dividuals have the opportunity to achieve the

8 challenging State performance standards in the

9 core academic subjects;

10 ‘‘(E) professional development and recruit11 ment activities designed to increase the number

12 of minorities, individuals with disabilities, and

13 other underrepresented groups teaching in the

14 core academic subjects, particularly in mathe15 matics and science;

16 ‘‘(F) establishment of professional develop17 ment academies operated as partnerships be18 tween one or more elementary or secondary

19 schools and one or more institutions of higher

20 education to provide school-based teacher train21 ing that provides prospective, novice, and expe22 rienced teachers with an opportunity to work

23 under the guidance of master teachers and col24 lege faculty members; and
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•HR 6 RFS

1 ‘‘(G) technical assistance to local edu2 cational agencies in providing sustained and in3 tensive high quality professional development

4 activities for teachers.

5 ‘‘Subpart 3—General Provisions

6 ‘‘SEC. 2131. REPORTING AND ACCOUNTABILITY.

7 ‘‘(a) STATES.—Each State that receives funds under

8 this part shall submit a report to the Secretary every 3

9 years on the State’s progress toward the performance indi10 cator identified in its State plan, as well as on the effec11 tiveness of State and local activities under this part.

12 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.—Each local

13 educational agency that receives funds under this part

14 shall submit a report to the State every 3 years on its

15 progress toward the outcome performance indicators in its

16 plan.

17 ‘‘(c) FEDERAL EVALUATION.—The Secretary shall

18 report to the President and Congress on the effectiveness

19 of programs and activities funded under this part.

20 ‘‘(d) PROHIBITION ON FUNDS BEING USED FOR

21 CONSTRUCTION OR RENOVATION.—Funds received under

22 this part shall not be used for construction or renovation

23 of buildings, rooms, or any other facilities.
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1 ‘‘SEC. 2132. DEFINITIONS.

2 ‘‘As used in this part, the following terms have the

3 following meanings:

4 ‘‘(1) The term ‘core academic subjects’ means

5 those subjects listed in the State plan under title III

6 of the Goals 2000: Educate America Act or under

7 National Education Goal Three as set out in section

8 102(3) of such Act.

9 ‘‘(2) The term ‘performance indicators’ means

10 measures of specific outcomes that the State or local

11 educational agency identifies as assessing progress

12 toward the goal of ensuring that all teachers have

13 the knowledge and skills to assist their students to

14 meet challenging State standards in the core aca15 demic subject areas. Examples of such indicators in16 clude—

17 ‘‘(A) the degree to which licensure require18 ments are tied to State standards;

19 ‘‘(B) specific increases in the number of el20 ementary and secondary teachers with strong

21 content backgrounds in the core academic sub22 jects;

23 ‘‘(C) incorporates effective strategies, tech24 niques, methods, and practices for meeting the

25 educational needs of diverse students, including

26 females, minorities, individuals with disabilities,
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•HR 6 RFS

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; and

5 ‘‘(D) specific increases in the number of

6 Board certified teachers licensed in each core

7 subject.

8 ‘‘(3) The term ‘sustained and intensive high9 quality professional development’ means professional

10 development activities that—

11 ‘‘(A) are tied to challenging State or vol12 untary national content and performance stand13 ards;

14 ‘‘(B) reflect up-to-date research in teach15 ing and learning and include integrated content

16 and pedagogical components;

17 ‘‘(C) incorporates effective strategies, tech18 niques, methods, and practices for meeting the

19 educational needs of diverse students, including

20 females, minorities, individuals with disabilities,

21 limited English proficient individuals, and eco22 nomically disadvantaged individuals, in order to

23 assure that all students have the opportunity to

24 achieve challenging performance standards;
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•HR 6 RFS

1 ‘‘(D) are of sufficient intensity and dura2 tion to have a positive and lasting impact on

3 the teacher’s performance in the classroom or

4 the administrator’s performance on the job; and

5 ‘‘(E) recognize teachers as an important

6 source of knowledge that should inform and

7 help shape professional development.

8 ‘‘(4) The term ‘local standard’ means challeng9 ing content and performance standards in the core

10 subjects (in addition to State content and perform11 ance standards approved by the State for title I).

12 ‘‘PART B—TECHNOLOGY EDUCATION

13 ASSISTANCE

14 ‘‘Subpart 1—Assistance to State and Local

15 Educational Agencies

16 ‘‘SEC. 2201. SHORT TITLE.

17 ‘‘This title may be cited as the ‘Technology Education

18 Assistance Act of 1994’.

19 ‘‘SEC. 2202. FINDINGS.

20 ‘‘The Congress finds that—

21 ‘‘(1) technology can produce far greater oppor22 tunities for all students to learn to high standards

23 and promote efficiency and effectiveness in edu24 cation;
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•HR 6 RFS

1 ‘‘(2) the use of technology as a tool in the

2 teaching and learning process is essential to the de3 velopment and maintenance of a technologically lit4 erate citizenry and an internationally competitive

5 workforce;

6 ‘‘(3) the acquisition and use of technology in

7 education throughout the United States has been in8 hibited by the absence of Federal leadership, the in9 ability of many State and local educational agencies

10 to invest in and support needed technologies, and

11 the limited availability of appropriate technology-en12 hanced curriculum, instruction, teacher training, and

13 administrative support resources and services in the

14 educational marketplace;

15 ‘‘(4) educational equalization concerns and

16 school restructuring needs can be addressed through

17 educational telecommunications and technology by

18 offering universal access to high-quality teaching

19 and programs, particularly in urban and rural areas;

20 ‘‘(5) in the absence of appropriate educational

21 technology policies, the disparity between rich and

22 poor students will become even greater in a world

23 where technology and telecommunications increas24 ingly have become an integral part of many house25 holds;
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•HR 6 RFS

1 ‘‘(6) the increasing use of new technologies and

2 telecommunications systems in business and industry

3 has furthered the gap between schooling and work

4 force preparation;

5 ‘‘(7) telecommunications can be a conduit for

6 ongoing teacher training and improved professional

7 development by providing to teachers constant access

8 to updated research in teaching and learning;

9 ‘‘(8) research consistently shows that the

10 planned use of technology combined with teachers

11 who are adequately trained in its use can increase

12 opportunities for more students to develop higher

13 order thinking and technical skills than is possible

14 with traditional instruction;

15 ‘‘(9) technology can engage students in learning

16 through media with which they are comfortable, and

17 prove to be an effective learning tool, particularly

18 when correlated with State and national curriculum

19 standards;

20 ‘‘(10) schools need new ways of financing the

21 acquisition and maintenance of educational tech22 nology; and

23 ‘‘(11) the needs for educational technology dif24 fer from State to State.
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1 ‘‘SEC. 2203. STATEMENT OF PURPOSE.

2 ‘‘The purpose of this Act is to support a comprehen3 sive system for the acquisition and use by elementary and

4 secondary schools in the United States of technology and

5 technology-enhanced curricula, instruction, and adminis6 trative support resources and services to improve the deliv7 ery of educational services, such system shall include—

8 ‘‘(1) national leadership with respect to the

9 need for, and the provision of, appropriate tech10 nology-enhanced curriculum, instruction and admin11 istrative programs to improve learning in the United

12 States;

13 ‘‘(2) funding mechanisms which will support the

14 development, interconnection, implementation, im15 provement and maintenance of an effective edu16 cational technology infrastructure;

17 ‘‘(3) information dissemination networks to fa18 cilitate access to information on effective learning

19 programs, assessment and evaluation of such pro20 grams, research findings, and supporting resources

21 (including instructionally based, technology-enhanced

22 programs, research and resources) by educators

23 throughout the United States;

24 ‘‘(4) an extensive variety of opportunities for

25 teacher, inservice training, and administrative train-
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•HR 6 RFS

1 ing and technical assistance with respect to effective

2 uses of technologies in education;

3 ‘‘(5) utilizing and strengthening, not duplicat4 ing, existing telecommunications infrastructures

5 dedicated to educational purposes;

6 ‘‘(6) development and evaluation of new and

7 emerging educational technologies and telecommuni8 cations networks;

9 ‘‘(7) assessment data regarding state-of-the-art

10 uses of technologies in United States education upon

11 which commercial and noncommercial telecommuni12 cations entities, and governments can rely on for de13 cisionmaking about the need for, and provision of,

14 appropriate technologies for education in the United

15 States; and

16 ‘‘(8) authorize grants to States that—

17 ‘‘(A) improve the academic performance of

18 students through technology;

19 ‘‘(B) strengthen the skills of teachers in ef20 fectively utilizing technology for student learn21 ing;

22 ‘‘(C) promote the planned application of

23 technology in education by those who will use

24 the technology; and
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•HR 6 RFS

1 ‘‘(D) encourage collaborative relationships

2 between the State agency for higher education,

3 the State library administrative agency and the

4 State telecommunications agency for education

5 and the State educational agency in the area of

6 technology support to strengthen the system of

7 education.

8 ‘‘SEC. 2204. DEFINITIONS.

9 ‘‘For purposes of this title—

10 ‘‘(1) the terms ‘library’ and ‘State library ad11 ministrative agency’ shall have the same meaning

12 given to such terms in section 3 of the Library Serv13 ices and Construction Act (Public Law 84–579);

14 ‘‘(2) the term ‘Regional Education Laboratory’

15 shall have the same meaning given to such term in

16 section 405 of the Department of Education Organi17 zation Act (Public Law 96–88);

18 ‘‘(3) the term ‘technology’ includes closed cir19 cuit television systems, public telecommunications

20 entities, cable television, satellite, copper and fiber

21 optic transmission, computer, video and audio laser

22 and CD ROM disc, video and audio tapes or other

23 technologies;

24 ‘‘(4) the term ‘credit enhancement’ means a fi25 nancial arrangement that enhances the credit quality
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•HR 6 RFS

1 of the issuer or the financial instrument being used;

2 and

3 ‘‘(5) the term ‘interoperability’ means the abil4 ity to communicate with operating systems developed

5 nationally and internationally using multiple network

6 media.

7 ‘‘SEC. 2205. IN-STATE APPORTIONMENT.

8 ‘‘(a) AUTHORIZATIONS.—The Secretary is authorized

9 to make grants to States in accordance with the provisions

10 of this title to strengthen the skills of educators and im11 prove learning through the use of technology.

12 ‘‘(b) ELEMENTARY, SECONDARY EDUCATION PRO13 GRAMS.—(1) For each fiscal year, an amount equal to 70

14 percent of each State’s allotment under section 2212(a)(2)

15 shall be used for elementary and secondary education pro16 grams by the State educational agency in accordance with

17 section 2206.

18 ‘‘(2) Not less than 90 percent of a State’s allotment

19 under this subsection shall be available to local educational

20 agencies including services to adults and families of which

21 not more than 5 percent of the funds available to the local

22 educational agency for any fiscal year may be used for

23 local administration.

24 ‘‘(3) Not more than 10 percent of the amount allo25 cated under subsection (a) may be used by the State edu-
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•HR 6 RFS

1 cational agency for technical assistance and administrative

2 costs of which not less than 50 percent shall be used for

3 technical assistance.

4 ‘‘(c) HIGHER EDUCATION PROGRAMS.—(1) For each

5 fiscal year 20 percent of each State’s allotment under sec6 tion 2212(a)(2) shall be used by the State higher edu7 cation agency designated in the State plan for partnership

8 programs between local educational agencies, including

9 educational services to adults and families and higher edu10 cation institutions in accordance with section 2207.

11 ‘‘(2) Not less than 90 percent of the amount available

12 for this subsection shall be used by the State for grants

13 to institutions of higher education for partnership pro14 grams in accordance with the provisions of section 2207.

15 ‘‘(3) Not more than 10 percent of the amount allo16 cated to the State’s higher education partnership program

17 under this section, may be used for the costs incurred for

18 the evaluation of programs assisted under section 2207;

19 and for administrative costs of the State’s higher edu20 cation agency designated in the State plan.

21 ‘‘(d) LIBRARY AND LITERACY PROGRAMS.—(1) For

22 each fiscal year 10 percent of each State’s allocation under

23 section 2212(a)(2) shall be used by the State library ad24 ministrative agency to support collaborative activities
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•HR 6 RFS

1 among libraries, literacy programs, and local educational

2 agencies in accordance with section 2208.

3 ‘‘(2) Not less than 90 percent of the amount available

4 for this section shall be used by the State for grants to

5 local public libraries and literacy programs in accordance

6 with the provisions of section 2208.

7 ‘‘(3) Not more than 10 percent of the amount avail8 able under this section may be used by the State for the

9 costs incurred for evaluation of programs assisted under

10 section 2208 and for administrative costs of the State li11 brary administrative agency.

12 ‘‘SEC. 2206. ELEMENTARY AND SECONDARY EDUCATION

13 PROGRAMS.

14 ‘‘(a) IN GENERAL.—The amount apportioned under

15 section 2205(b) from each State’s allotment shall be used

16 by the State educational agency to strengthen elementary

17 and secondary education programs in accordance with the

18 provisions of this section.

19 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.—(1) Each

20 local educational agency, including educational services for

21 adults and families, shall use the educational technology

22 funds available under section 2205(b)(2) for—

23 ‘‘(A) developing, adapting, or expanding exist24 ing and new applications of technology to support

25 the school reform effort; and
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•HR 6 RFS

1 ‘‘(B) funding projects of sufficient size and

2 scope to improve student learning and, as appro3 priate, support professional development, and pro4 vide administrative support.

5 ‘‘(2) To be eligible to receive educational technology

6 funds under this section for school or other school man7 aged alternative learning environment, a local educational

8 agency must submit an application to the State edu9 cational agency. If the local educational agency has an ap10 plication approved by the State under title III of the Goals

11 2000: Educate America Act, the application required by

12 this section shall be a component of (or if necessary an

13 addendum to) its Goals 2000 application. The local edu14 cational agency must also receive State approval of a tech15 nology use plan which includes—

16 ‘‘(A) a description of how the local educational

17 agency plans to use the financial assistance received

18 under section 2205(b)(2) to improve the use of tech19 nology in instruction, professional development and

20 administration;

21 ‘‘(B) a description of how funds under section

22 2205(b)(2) will be coordinated with other State,

23 local and Federal resources;

24 ‘‘(C) a description of how the school programs

25 will use other resources of the community and in-
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•HR 6 RFS

1 volve public agencies, private industry, institutions

2 of higher education, public and private nonprofit or3 ganizations, and other appropriate institutions;

4 ‘‘(D) assurances that the programs will be eval5 uated and outcomes reported in terms of the level of

6 implementation of the technology-based resources

7 funded by this title, the impact on teaching and

8 learning, the changes in the school program, and the

9 extent to which the school will sustain the project

10 after funding is terminated;

11 ‘‘(E) a description of how the plan will support

12 State and local content and performance standards;

13 ‘‘(F) provisions to support, as needed, individ14 ual teachers to develop and implement technology15 based intervention projects, including those which

16 respond to the needs of students with disabilities;

17 ‘‘(G) a description of how the financial assist18 ance will be used as appropriate for the expansion

19 and improvement of professional development of

20 teachers and other appropriate personnel regarding

21 the use of technology, including the educational use

22 of computers, videos, and telecommunications to en23 hance learning such training and instruction may be

24 carried out through agreements with public agencies,

25 private industry, institutions of higher education, re-
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•HR 6 RFS

1 gional educational laboratories and national research

2 centers, nonprofit organizations, (including muse3 ums) libraries, educational television stations;

4 ‘‘(H) a description of a strategy for the en5 hanced involvement of parents through the use of

6 technology; and

7 ‘‘(I) a description of how the plan will address

8 the needs of students with disabilities.

9 ‘‘(3) A local educational agency for any fiscal year

10 may apply for financial assistance as part of a consortium

11 with other local educational agencies, institutions of high12 er education, intermediate educational units, libraries, or

13 other appropriate educational entities to provide local pro14 grams. The State educational agency may assist in the

15 formation of consortia between local educational agencies,

16 providers of educational services for adults and families,

17 institutions of higher education, intermediate educational

18 units, libraries, or other appropriate educational entities

19 to provide services for the teachers and students in a local

20 educational agency at the request of such local educational

21 agency.

22 ‘‘SEC. 2207. HIGHER EDUCATION PROGRAMS.

23 ‘‘(a) IN GENERAL.—The amount apportioned under

24 section 2205(c) from each State’s allotment shall be used
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•HR 6 RFS

1 by the State for education programs in accordance with

2 the provisions of this section.

3 ‘‘(b) GRANTS TO INSTITUTIONS OF HIGHER EDU4 CATION.—(1) The State agency for higher education, in

5 accordance with the State educational technology plan

6 filed under section 2209, shall make grants available on

7 a competitive basis to institutions of higher education in

8 the State which form partnerships with one or more local

9 educational agencies.

10 ‘‘(2) The amount available under section 2205(c)(2)

11 shall be used for—

12 ‘‘(A) professional development for new teachers

13 in the use of technology as an educational tool;

14 ‘‘(B) professional development for elementary,

15 secondary, adult and family, and vocational school

16 teachers and training for other appropriate school

17 personnel to improve their ability to use educational

18 technology in their teaching; and

19 ‘‘(C) programs to improve student performance

20 in academic and work skill areas through the use of

21 technology.

22 ‘‘(3) No institution of higher education may receive

23 assistance under paragraph (2)(A), (B), and (C) unless

24 the institution enters into an agreement with a local edu25 cational agency, or consortium of such agencies, to provide
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•HR 6 RFS

1 professional development for the elementary and second2 ary school teachers in the public and private schools of

3 the school district of each agency.

4 ‘‘(c) COOPERATIVE PROGRAM.—The State higher

5 education agency may use funds described in section

6 2205(c)(2) to achieve the objectives of section 2207 by es7 tablishing cooperative programs among institutions of

8 higher education, private industry, and non-profit organi9 zations, that include one or more local education agencies,

10 for the development and dissemination of projects to im11 prove student performance in academic or work skill

12 areas.

13 ‘‘(d) REPORTING.—In accordance with section

14 2205(c), 5 percent of the funding available for higher edu15 cation partnerships may be used by the agency for higher

16 education for evaluating the programs funded under this

17 section. Reports on the progress of programs shall be pro18 vided to the State educational agency annually.

19 ‘‘SEC. 2208. LIBRARY AND LITERACY PROGRAMS.

20 ‘‘(a) IN GENERAL.—Except as provided in paragraph

21 (2), the amount apportioned under section 2205(d) from

22 each State’s allotment under this section shall be used by

23 the State to assist literacy and education programs in ac24 cordance with the provisions of this section.
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•HR 6 RFS

1 ‘‘(b) GRANTS TO LOCAL PUBLIC LIBRARIES.—(1) In

2 accordance with the State education technology plan filed

3 under section 2209, the State library administrative agen4 cy shall make grants available on a competitive basis to

5 local public libraries in the State which demonstrate in6 volvement of one or more local educational agencies and

7 literacy programs or organizations in their activities.

8 ‘‘(2) The amount available under section 2205(d)(2)

9 shall be used for—

10 ‘‘(A) developing programs that help libraries,

11 local educational agencies, and literacy programs use

12 technology to share services and resources and de13 velop collaborative activities that improve their per14 formance and that of the students in academic and

15 work skill areas; and

16 ‘‘(B) professional development for library, lit17 eracy, and other appropriate personnel to improve

18 their skills in the use of educational technology and

19 telecommunications.

20 ‘‘(c) COOPERATIVE PROGRAM.—The State library ad21 ministration agency may use funds described in section

22 2205(d)(2) to achieve the objectives of section 2208 by

23 establishing cooperative programs among public libraries,

24 literacy organizations, private industries, and nonprofit
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•HR 6 RFS

1 education organizations, if such programs include one or

2 more local educational agencies.

3 ‘‘(d) REPORTING.—In accordance with section

4 2205(d), funding available for library and literacy pro5 grams may be used by the library administrative agency

6 for reporting and evaluating the programs funded under

7 this section. Reports on the progress of programs shall

8 be provided to the State educational agency annually.

9 ‘‘SEC. 2209. STATE EDUCATIONAL TECHNOLOGY PLAN.

10 ‘‘(a) APPLICATION.—(1) Each State educational

11 agency which desires to receive a grant under this title

12 shall, in consultation with the State agency for higher edu13 cation and the State library administrative agency, file a

14 single educational technology plan with the Secretary of

15 Education which covers a period of 5 fiscal years. The

16 State educational agency shall be responsible for funding,

17 supervising, and coordinating programs described under

18 this title and shall file the educational technology plan at

19 such time, in such manner, and containing or accompanied

20 by such financial, educational and technological informa21 tion as this section requires or as the Secretary may rea22 sonably require.

23 ‘‘(2) Such plan shall be—

24 ‘‘(A) integrated with the State’s plan either ap25 proved or being developed under the Goals 2000:
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•HR 6 RFS

1 Educate America Act, and shall satisfy the require2 ments of this section that are not already addressed

3 by that State plan; or

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

5 plan under the Goals 2000: Educate America Act

6 and is not developing such a plan, integrated with

7 other State plans under this Act and satisfy the re8 quirements of this section.

9 ‘‘(b) CONTENTS OF THE PLAN.—Each such plan

10 shall—

11 ‘‘(1) designate the State agency or agencies re12 sponsible for administering the elementary and sec13 ondary adult and family programs under section

14 2206, and the higher education programs under sec15 tion 2207 and designate the State library adminis16 trative agency to administer the library and literacy

17 programs under section 2208 in support of improved

18 student learning;

19 ‘‘(2) describe a financial plan developed by the

20 State educational agency, which shall describe—

21 ‘‘(A) financial assistance mechanisms to

22 best fit the technology needs of the State. Such

23 mechanisms, which must be included in the

24 plan, may include, but not be limited to—

25 ‘‘(i) grants;
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•HR 6 RFS

1 ‘‘(ii) matching grants;

2 ‘‘(iii) loans;

3 ‘‘(iv) loan guarantees; and

4 ‘‘(v) other credit enhancements.

5 ‘‘(B) describe criteria and approving proce6 dures for submitting applications for programs

7 described in sections 2206, 2207, and 2208 for

8 funding assistance under section 2205 within

9 the State;

10 ‘‘(C) delineate processes for auditing and

11 monitoring the use of funds by recipients;

12 ‘‘(D) describe priorities for awarding funds

13 under various funding mechanisms; and

14 ‘‘(E) construe nothing in subsection (b)(2)

15 to implicitly or explicitly imply that the funds

16 made available under this subsection, through

17 whatever mechanism is chosen by the State

18 agency, and recommended for approval to the

19 Secretary are backed by the full faith and credit

20 of the Federal Government;

21 ‘‘(3) designate the State education agency or

22 another single agency to carry out the financial plan

23 developed by the State education agency and to allo24 cate funds received under sections 2205 and
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•HR 6 RFS

1 2212(a)(2). Such designated agency shall be respon2 sible for—

3 ‘‘(A) maintaining appropriate records of al4 location of funds, and, in the case of loans, ade5 quate collection procedures and records;

6 ‘‘(B) reporting annually to the Secretary

7 on the use of funds received under section

8 2212(a)(2);

9 ‘‘(4) describe an implementation strategy to co10 ordinate the expenditure of financial assistance paid

11 under sections 2205 and 2212(a)(2) with other

12 State and local funds, other Federal funds and re13 sources;

14 ‘‘(5) provide assurances that financial assist15 ance provided under section 2205 shall supplement,

16 not supplant, State and local funds;

17 ‘‘(6) describe how business, industry, and other

18 public and private agencies, including libraries, lit19 eracy programs, and institutions of higher education,

20 can participate in the implementation, ongoing plan21 ning, and support of the plan;

22 ‘‘(7) delineate educational problems and needs

23 in the State, describe all learning environments sup24 ported by the State plan, and specify how the appli25 cation of technology will address those and other
267

•HR 6 RFS

1 needs including but not limited to the special needs

2 of—

3 ‘‘(A) urban and rural schools;

4 ‘‘(B) students with disabilities; and

5 ‘‘(C) disadvantaged students;

6 ‘‘(8) provide assurances that—

7 ‘‘(A) during the 5-year period of the plan,

8 the State shall evaluate its standards for teach9 er preparation in the use of technology; and

10 ‘‘(B) programs conducted with State funds

11 available under this title shall be evaluated and

12 an evaluation report shall be submitted to the

13 Secretary at the close of the third year of fund14 ing;

15 ‘‘(9) describe how the State educational agency

16 will promote the purchase of equipment by local

17 school districts and schools that, when placed in op18 eration, will provide the greatest accessibility and eq19 uity for students and meet the highest level of inter20 operability and open system design within the

21 emerging broad-based electronic information high22 way that includes schools within the State;

23 ‘‘(10) describe the State’s strategy for ensuring

24 that teachers, administrators and other education

25 personnel have access to the necessary staff develop-
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•HR 6 RFS

1 ment and technical assistance to improve teaching

2 and learning, school administration, and the elec3 tronic transfer of, and access to, information;

4 ‘‘(11) establish a method for continuously gath5 ering and disseminating current and emerging infor6 mation on all aspects of educational technology to all

7 educators within the State;

8 ‘‘(12) describe how the State’s planned use of

9 technology is supportive of the national education

10 goals;

11 ‘‘(13) provide performance indicators and an

12 evaluation method for the State plan; and

13 ‘‘(14) create a planning process through which

14 such plan is reviewed and updated periodically.

15 ‘‘(c) APPROVAL OF PLANS.—(1) The State edu16 cational agency shall submit a plan for approval to the

17 Secretary who shall expeditiously review such State plan.

18 ‘‘(2) Any State that submits a plan that is not

19 approved shall receive assistance from the Secretary to im20 prove its plan.

21 ‘‘SEC. 2210. LOCAL EDUCATIONAL TECHNOLOGY PLAN.

22 ‘‘(a) APPLICATION.—A local educational agency that

23 desires to receive financial assistance under section 2205,

24 shall submit to the State educational agency (singly or in

25 conjunction with other local educational agencies, institu-
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•HR 6 RFS

1 tions of higher education, or an intermediate educational

2 unit) a plan which covers a 3-year period.

3 ‘‘(b) CONTENTS OF THE PLAN.—A local educational

4 agency plan shall—

5 ‘‘(1) assure that the programs will be evaluated,

6 and outcomes reported in terms of —

7 ‘‘(A) the level of implementation of the

8 technology-based resources funded by this title;

9 ‘‘(B) the impact on teaching and learning;

10 and

11 ‘‘(C) the extent to which the school or

12 other appropriate learning environments will

13 sustain the project after funding is terminated;

14 ‘‘(2) be consistent with district level planning

15 for educational technology, and shall support the

16 local and State’s curriculum frameworks;

17 ‘‘(3) make provision for technical support and

18 professional development as needed for individual

19 teachers to develop and implement technology20 assisted instruction; and

21 ‘‘(4) provide a strategy for the enhanced in22 volvement of parents through the use of technology.

23 ‘‘SEC. 2211. FEDERAL ADMINISTRATION.

24 ‘‘(a) EVALUATION PROCEDURES.—The Secretary

25 shall, with State and local representatives, develop proce-
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•HR 6 RFS

1 dures for State and local evaluations of the programs

2 under this title.

3 ‘‘(b) EVALUATION SUMMARY.—The Secretary shall

4 submit to the Congress 4 years after the enactment of this

5 bill a summary of the State evaluations of programs under

6 this subpart.

7 ‘‘SEC. 2212. ALLOCATION OF FUNDS.

8 ‘‘(a) IN GENERAL.—(1) From the amount appro9 priated under section 2213 for any fiscal year, the Sec10 retary shall reserve—

11 ‘‘(A) not more than one half of one percent for

12 allocation among Guam, American Samoa, the Vir13 gin Islands, the Northern Mariana Islands, and the

14 Trust Territory of the Pacific Islands according to

15 their respective needs for assistance under this sub16 part; and

17 ‘‘(B) one half of 1 percent for programs for In18 dian students served by schools funded by the Sec19 retary of the Interior consistent with the purposes of

20 this subpart;

21 ‘‘(2) The remainder of the amount so appropriated

22 after meeting the requirements of paragraph (1) shall be

23 allocated among the States (for purposes of this section,

24 the District of Columbia and Puerto Rico shall be consid-
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•HR 6 RFS

1 ered as States) with approved State plans under section

2 2209 as follows—

‘‘(A) 1 3 ⁄2 of such remainder shall be allocated

4 among the States by allocating to each State an

amount which bears the same ratio to such 1 5 ⁄2 of

6 such remainder as the number of children aged 5 to

7 17, inclusive, in the State bears to the number of

8 such children in all States;

‘‘(B) 1 9 ⁄2 of such remainder shall be allocated

10 among the States according to each State’s share of

11 allocations under part A of title I of the Elementary

12 and Secondary Education Act of 1965, except that

no State shall receive less than 1 13 ⁄2 of 1 percent of

14 the amount available under this subsection in any

15 fiscal year or less than the amount allotted to such

16 State for fiscal year 1988 under title II of the Edu17 cation for Economic Security Act;

18 ‘‘(C) for the purposes of this subsection, the

19 term ‘‘State’’ does not include Guam, American

20 Samoa, the Virgin Islands, the Northern Mariana

21 Islands, or the Trust Territory of the Pacific Is22 lands; and

23 ‘‘(D) the number of children aged 5 to 17, in24 clusive, in the State and in all States shall be deter-
272

•HR 6 RFS

1 mined by the Secretary on the basis of the most re2 cent 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

6 this 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

10 be required for such fiscal year to carry out part B of

11 title II shall be available for reallotment from time to time,

12 on such dates during such year as the Secretary may de13 termine, 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)

20 shall be similarly reallotted among the States whose pro21 portionate amounts were not so reduced. Any amounts re22 allotted to a State under this subsection during a year

23 shall be deemed a subpart of its allotment under sub24 section (a) for such year.
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•HR 6 RFS

1 ‘‘SEC. 2213. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated

3 $300,000,000 for this subpart for 1995 and such sums

4 as may be necessary for each of the fiscal years 1996

5 through 1999.

6 ‘‘Subpart 2—Research, Development, and

7 Demonstration of Educational Technology

8 ‘‘SEC. 2214. FINDINGS AND PURPOSES.

9 ‘‘(a) FINDINGS.—The Congress finds that—

10 ‘‘(1) technology has the potential to assist and

11 support the improvement of teaching and learning in

12 schools and other settings;

13 ‘‘(2) technology can provide students, parents,

14 teachers, and other education professionals with in15 creased access to information, instruction, and edu16 cational services in schools and other settings, in17 cluding homes, libraries, preschool and child-care fa18 cilities, adult and family education programs, and

19 postsecondary institutions;

20 ‘‘(3) technology can produce far greater oppor21 tunities for all students to learn to high standards

22 and to promote efficiency and effectiveness in edu23 cation; and

24 ‘‘(4) the rapidly changing nature of technology

25 requires coordination and flexibility in Federal

26 leadership.
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•HR 6 RFS

1 ‘‘(b) PURPOSES.—The purposes of this subpart are

2 to promote achievement of the National Education Goals

3 and to increase the opportunity for all students to achieve

4 to challenging State standards by—

5 ‘‘(1) promoting awareness of the potential of

6 technology for improving teaching and learning;

7 ‘‘(2) supporting State and local efforts to in8 crease the effective use of technology for education;

9 ‘‘(3) demonstrating ways in which technology

10 can be used to improve teaching and learning, and

11 to help ensure that all students have an equal oppor12 tunity to meet challenging State education stand13 ards;

14 ‘‘(4) ensuring the availability of knowledge

15 drawn from research and experience that can form

16 the basis for sound State and local decisions about

17 investment in, and effective uses of, educational

18 technology;

19 ‘‘(5) promoting high-quality professional devel20 opment opportunities for teachers and administra21 tors on the integration of technology into instruction

22 and administration;

23 ‘‘(6) ensuring that Federal technology-related

24 policies and programs facilitate the use of technology

25 in education; and
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•HR 6 RFS

1 ‘‘(7) ensuring that, as technological advances

2 are made, the educational uses of these advances are

3 considered and their applications are developed.

4 ‘‘SEC. 2215. OFFICE OF EDUCATIONAL TECHNOLOGY.

5 ‘‘There is established in the Department an Office of

6 Educational Technology, which shall be administered by

7 a Director of Educational Technology appointed by the

8 Secretary. The Office of Educational Technology, in con9 sultation with other appropriate agencies, shall provide

10 leadership to the Nation in the use of technology to pro11 mote achievement of the National Education Goals and

12 to increase opportunities for all students to achieve to

13 challenging State standards, and shall perform such addi14 tional functions as the Secretary may require.

15 ‘‘SEC. 2216. NATIONAL LONG-RANGE PLAN.

16 ‘‘(a) IN GENERAL.—(1) The Secretary shall develop

17 and publish by September 30, 1995, and update when ap18 propriate, a national long-range plan to carry out the pur19 poses of this subpart.

20 ‘‘(2) The Secretary shall—

21 ‘‘(A) develop the plan in consultation with other

22 Federal agencies, State and local education practi23 tioners and policy-makers, experts in technology and

24 the educational applications of technology, and pro25 viders of technology services and products;
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•HR 6 RFS

1 ‘‘(B) transmit the plan to the President and to

2 the appropriate committees of the Congress; and

3 ‘‘(C) publish the plan in a form that is readily

4 accessible to the public.

5 ‘‘(b) CONTENTS OF THE PLAN.—The national long6 range plan shall describe the Secretary’s activities to pro7 mote the purposes of this subpart, including—

8 ‘‘(1) how the Secretary will encourage the effec9 tive use of technology to provide all students the op10 portunity to achieve to challenging State standards,

11 especially through programs administered by the De12 partment;

13 ‘‘(2) joint activities with other Federal agencies,

14 such as the National Endowment for the Human15 ities, the National Endowment for the Arts, the Na16 tional Aeronautics and Space Administration, the

17 National Science Foundation, and the Departments

18 of Commerce, Energy, Health and Human Services,

19 and Labor, the National Institute for Literacy, to

20 promote the use of technology in education, and

21 training and lifelong learning, including plans for

22 the educational uses of a national information infra23 structure, and to ensure that the policies and pro24 grams of such agencies facilitate the use of tech-
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•HR 6 RFS

1 nology for educational purposes to the extent fea2 sible;

3 ‘‘(3) how the Secretary will work with edu4 cators, State and local educational agencies, and ap5 propriate representatives of the private sector to fa6 cilitate the effective use of technology in education;

7 ‘‘(4) how the Secretary will promote—

8 ‘‘(A) increased access to the benefits of

9 technology for teaching and learning for schools

10 with high concentrations of children from low11 income families;

12 ‘‘(B) the use of technology to assist in the

13 implementation of State systemic reform strate14 gies;

15 ‘‘(C) the application of technological ad16 vances to use in education;

17 ‘‘(D) increased opportunities for the pro18 fessional development of teachers in the use of

19 new technologies; and

20 ‘‘(E) increased access to high quality adult

21 and family education services through the use

22 of technology for instruction and professional

23 development;

24 ‘‘(5) how the Secretary will determine, in con25 sultation with appropriate individuals, organizations,
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•HR 6 RFS

1 and agencies, the feasibility and desirability of estab2 lishing guidelines and protocols to facilitate effective

3 use of technology in education; and

4 ‘‘(6) the Secretary’s long-range measurable

5 goals and objectives relating to the purposes of this

6 subpart.

7 ‘‘SEC. 2217. FEDERAL LEADERSHIP.

8 ‘‘(a) PROGRAM AUTHORIZED.—(1) In order to pro9 vide Federal leadership in promoting the use of technology

10 in education, the Secretary, in consultation with the Na11 tional Science Foundation, the Department of Commerce,

12 and other appropriate Federal agencies, may carry out ac13 tivities designed to achieve the purposes of this subpart

14 directly or by awarding grants (pursuant to a peer review

15 process) to, or entering into contracts with, State edu16 cational agencies, local educational agencies, institutions

17 of higher education, or other public and private nonprofit

18 or for-profit agencies and organizations.

19 ‘‘(2) For the purpose of carrying out coordinated or

20 joint activities consistent with the purposes of this sub21 part, the Secretary may accept funds from, and transfer

22 funds to, other Federal agencies.

23 ‘‘(b) USES OF FUNDS.—The Secretary may use funds

24 appropriated under this subpart for activities designed to

25 carry out the purpose of this subpart, and to meet the
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•HR 6 RFS

1 goals and objectives of the national long-range plan under

2 section 2216, including—

3 ‘‘(1) planning grants to States and local edu4 cation agencies, to enable such entities to examine

5 and develop strategies for the effective use of tech6 nology to help achieve the objectives of the Goals

7 2000: Educate America Act, the School-to-Work Op8 portunities Act of 1994, and the National Literacy

9 Act;

10 ‘‘(2) development grants to technical assistance

11 providers, to enable them to improve substantially

12 the services they offer to educators on the edu13 cational uses of technology, including professional

14 development;

15 ‘‘(3) consulting with representatives of industry,

16 elementary and secondary education, higher edu17 cation, adult and family education, and appropriate

18 experts in technology and its educational applica19 tions in carrying out activities under this subpart;

20 ‘‘(4) research on, and the development of,

21 guidelines and protocols to facilitate efficient and ef22 fective use of technology in education;

23 ‘‘(5) research on, and the development of, edu24 cational applications of the most advanced and newly

25 emerging technologies;
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•HR 6 RFS

1 ‘‘(6) the development, demonstration, and eval2 uation of applications of existing technology in pre3 school education, elementary and secondary edu4 cation, training and lifelong learning, and profes5 sional development of educational personnel;

6 ‘‘(7) the development and evaluation of software

7 and other products, including television program8 ming, that incorporate advances in technology and

9 help achieve the National Education Goals and chal10 lenging State standards;

11 ‘‘(8) the development, demonstration, and eval12 uation of model strategies for preparing teachers

13 and other personnel to use technology effectively to

14 improve teaching and learning;

15 ‘‘(9) the development of model programs to

16 demonstrate the educational effectiveness of tech17 nology in urban and rural areas and economically18 distressed communities;

19 ‘‘(10) research on, and the evaluation of, the ef20 fectiveness and benefits of technology in education;

21 ‘‘(11) conferences on, and dissemination of in22 formation about, the uses of technology in education;

23 ‘‘(12) the development of model strategies to

24 promote gender equity concerning access to, and the

25 use of, technology in the classroom;
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•HR 6 RFS

1 ‘‘(13) the development, demonstration and eval2 uation of a Buddy System Computer Education

3 grant to each of three States having demonstrated

4 ability or commitment to computer-based technology

5 education to establish an education program for stu6 dents in 6th through 8th grades in which computers

7 are placed and linked in students’ classrooms and

8 homes; and

9 ‘‘(14) such other activities as the Secretary de10 termines would meet the purposes of this subpart.

11 ‘‘(c) NON-FEDERAL SHARE.—(1) Subject to para12 graph (2), the Secretary is authorized to require any recip13 ient of a grant or contract under this subpart to share

14 in the cost of its project, which share shall be announced

15 through a notice in the Federal Register and may be in

16 the form of cash or in-kind contributions, fairly valued.

17 ‘‘(2) The Secretary may increase the non-Federal

18 share required of such recipient after the first year of the

19 recipient’s project, except that such share may not exceed

20 50 percent at any time during the recipient’s project.

21 ‘‘SEC. 2218. AUTHORIZATION OF APPROPRIATIONS.

22 ‘‘For the purpose of carrying out this subpart, there

23 are authorized to be appropriated such sums as may be

24 necessary for each of the fiscal years 1995 through 1999.
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•HR 6 RFS

1 ‘‘Subpart 3—Star Schools Program

2 ‘‘SEC. 2219. FINDINGS.

3 The Congress finds that—

4 ‘‘(1) the Star Schools program has helped to

5 encourage the use of distance learning strategies to

6 serve multi-State regions primarily by means of sat7 ellite and broadcast television;

8 ‘‘(2) in general, distance learning programs

9 have been used effectively to provide students in

10 small, rural, and isolated schools with courses and

11 instruction, such as science and foreign language in12 struction, that the local educational agency would

13 not otherwise have been able to provide; and

14 ‘‘(3) distance learning programs could also be

15 used to—

16 ‘‘(A) provide students of all ages in all

17 types of schools and educational settings with

18 greater access to high-quality instruction in the

19 full range of core academic subjects that would

20 enable them to meet challenging, internationally

21 competitive, educational standards;

22 ‘‘(B) expand professional development op23 portunities for teachers;

24 ‘‘(C) contribute to achievement of the Na25 tional Education Goals; and
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•HR 6 RFS

1 ‘‘(D) expand learning opportunities for

2 everyone.

3 ‘‘SEC. 2220. STATEMENT OF PURPOSE.

4 ‘‘The purpose of this subpart is to encourage the ex5 pansion and use of distance learning programs and tech6 nologies to help—

7 ‘‘(1) improve teaching and learning;

8 ‘‘(2) achieve the National Education Goals;

9 ‘‘(3) all students learn to challenging State con10 tent standards; and

11 ‘‘(4) increase participation in State and local

12 educational reform.

13 ‘‘SEC. 2221. PROGRAM AUTHORIZED.

14 ‘‘(a) STAR SCHOOL AWARDS.—The Secretary is au15 thorized, in accordance with this subpart, to make grants

16 to eligible entities for the Federal share of the cost of pro17 viding distance learning programs, including—

18 ‘‘(1) developing, constructing, and acquiring

19 telecommunications facilities and equipment;

20 ‘‘(2) developing and acquiring instructional pro21 gramming; and

22 ‘‘(3) providing technical assistance regarding

23 the use of such facilities and instructional program24 ming.
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•HR 6 RFS

1 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out this subpart, there are authorized

3 to be appropriated such sums as may be necessary for

4 each of the fiscal years 1995 through 1999.

5 ‘‘(c) LIMITATIONS.—(1) A grant under this section

6 shall not exceed—

7 ‘‘(A) five years in duration; and

8 ‘‘(B) $10,000,000 in any one fiscal year.

9 ‘‘(2) Not less than 25 percent of the funds available

10 to the Secretary for any fiscal year under this subpart

11 shall be used for the cost of instructional programming.

12 ‘‘(3) Not less than 50 percent of the funds available

13 to the Secretary for any fiscal year under this subpart

14 shall be used for the cost of facilities, equipment, teacher

15 training or retraining, technical assistance, or program16 ming, for local educational agencies that are eligible to re17 ceive assistance under part A of title I of this Act.

18 ‘‘(d) FEDERAL SHARE.—(1) The Federal share of

19 the cost of projects funded under this section shall not

20 exceed 75 percent for the first and second years of the

21 award, 60 percent for the third and fourth years, and 50

22 percent for the fifth year.

23 ‘‘(2) The Secretary may reduce or waive the require24 ment of the non-Federal share under paragraph (1) upon

25 a showing of financial hardship.
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•HR 6 RFS

1 ‘‘(e) AUTHORITY TO ACCEPT FUNDS FROM OTHER

2 AGENCIES.—The Secretary is authorized to accept funds

3 from other agencies to carry out the purposes of this sec4 tion, including funds for the purchase of equipment.

5 ‘‘SEC. 2222. ELIGIBLE ENTITIES.

6 ‘‘(a) ELIGIBLE ENTITIES.—(1) The Secretary may

7 make a grant under section 2221 to any eligible entity,

8 provided that at least one local educational agency is par9 ticipating in the proposed project.

10 ‘‘(2) An eligible entity may include—

11 ‘‘(A) a public agency or corporation established

12 for the purpose of developing and operating tele13 communications networks to enhance educational op14 portunities provided by educational institutions,

15 teacher training centers, and other entities, except

16 that any such agency or corporation shall represent

17 the interests of elementary and secondary schools

18 that are eligible to participate in the program under

19 part A of title I of this Act; or

20 ‘‘(B) any two or more of the following, which

21 will provide a telecommunications network:

22 ‘‘(i) a local educational agency that has a

23 significant number of elementary and secondary

24 schools that are eligible for assistance under

25 part A of title I of this Act, or elementary and
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•HR 6 RFS

1 secondary schools operated or funded for Indian

2 children by the Department of the Interior eli3 gible under section 1121(b)(1) of this Act;

4 ‘‘(ii) a State educational agency;

5 ‘‘(iii) adult and family education programs;

6 ‘‘(iv) an institution of higher education or

7 a State higher education agency;

8 ‘‘(v) a teacher training center or academy

9 that—

10 ‘‘(I) provides teacher pre-service and

11 in-service training; and

12 ‘‘(II) receives Federal financial assist13 ance or has been approved by a State

14 agency;

15 ‘‘(vi)(I) a public or private entity with ex16 perience and expertise in the planning and op17 eration of a telecommunications network, in18 cluding entities involved in telecommunications

19 through satellite, cable, telephone, or computer;

20 or

21 ‘‘(II) a public broadcasting entity with

22 such experience; or

23 ‘‘(vii) a public or private elementary or sec24 ondary school.
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•HR 6 RFS

1 ‘‘SEC. 2223. APPLICATIONS.

2 ‘‘(a) GENERAL REQUIREMENT.—Each eligible entity

3 that desires to receive a grant under this subpart shall

4 submit an application to the Secretary in such form, at

5 such time, and containing such information and assur6 ances as the Secretary may require.

7 ‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each

8 application for a grant authorized under section 2221

9 shall—

10 ‘‘(1) describe—

11 ‘‘(A) how the proposed project will assist

12 in achieving the National Education Goals set

13 out in title I of the Goals 2000: Educate Amer14 ica Act, how it will assist all students to have

15 an opportunity to learn to challenging State

16 standards, how it will assist State and local

17 educational reform efforts, and how it will con18 tribute to creating a high quality system of life19 long learning;

20 ‘‘(B) the telecommunications facilities and

21 equipment and technical assistance for which

22 assistance is sought, which may include—

23 ‘‘(i) the design, development, con24 struction, and acquisition of district,

25 multidistrict, State, or multistate edu-
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•HR 6 RFS

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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•HR 6 RFS

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

10 implemented to ensure the effective use of the

11 telecommunications facilities and equipment for

12 which assistance is sought;

13 ‘‘(F) the manner in which historically un14 derserved students (such as students from low15 income 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 telecommuni19 cations facilities, equipment, technical assist20 ance, and programming assisted under this sub21 part;

22 ‘‘(G) how existing telecommunications

23 equipment, facilities, and services, where avail24 able, will be used;
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•HR 6 RFS

1 ‘‘(H) the activities or services for which as2 sistance is sought, such as—

3 ‘‘(i) providing facilities, equipment,

4 training services, and technical assistance;

5 ‘‘(ii) making programs accessible to

6 individuals with disabilities through mecha7 nisms such as closed captioning and de8 scriptive video services;

9 ‘‘(iii) linking networks around issues

10 of national importance (such as elections)

11 or to provide information about employ12 ment opportunities, job training, or stu13 dent and other social service programs;

14 ‘‘(iv) sharing curriculum materials be15 tween networks;

16 ‘‘(v) providing teacher and student

17 support services;

18 ‘‘(vi) incorporating community re19 sources such as libraries and museums into

20 instructional programs;

21 ‘‘(vii) providing professional develop22 ment for teachers, including, as appro23 priate, training to early childhood develop24 ment and Head Start teachers and staff
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•HR 6 RFS

1 and vocational education teachers and

2 staff, and adult and family educators; and

3 ‘‘(viii) providing programs for adults

4 at times other than the regular school day

5 in order to maximize the use of tele6 communications facilities and equipment;

7 and

8 ‘‘(I) how the proposed project as a whole

9 will be financed and how arrangements for fu10 ture financing will be developed before the

11 project expires;

12 ‘‘(2) provide an assurance that a significant

13 portion of any facilities, equipment, technical assist14 ance, and programming for which assistance is

15 sought for elementary and secondary schools will be

16 made available to schools in local educational agen17 cies that have a high percentage of children counted

18 for the purpose of part A of title I of this Act; snf

19 ‘‘(3) provide an assurance that the applicant

20 will provide such information and cooperate in any

21 evaluation that the Secretary may conduct under

22 this subpart.

23 ‘‘(c) PRIORITIES.—The Secretary shall, in approving

24 applications for grants authorized under section 2221,

25 give priority to applications that—
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•HR 6 RFS

1 ‘‘(1) propose high-quality plans to assist in

2 achieving one or more of the National Education

3 Goals as set out in title I of the Goals 2000: Edu4 cate America Act, would provide instruction consist5 ent with State content standards, or would otherwise

6 provide significant and specific assistance to States

7 and local educational agencies undertaking systemic

8 education reform under title III of the Goals 2000:

9 Educate America Act;

10 ‘‘(2) would provide servcies to programs serving

11 adults, especially parents, with low levels of literacy;

12 and

13 ‘‘(3) would serve schools with significant num14 bers of children counted for the purposes of part A

15 of title I of this Act.

16 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap17 plications for grants authorized under section 2221, the

18 Secretary shall, to the extent feasible, ensure an equitable

19 geographic distribution of services.

20 ‘‘SEC. 2224. LEADERSHIP AND EVALUATION ACTIVITIES.

21 ‘‘(a) SET-ASIDE.—From amounts appropriated

22 under section 2221(b), the Secretary may reserve up to

23 10 percent for national leadership, evaluation, and peer

24 review activities.
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•HR 6 RFS

1 ‘‘(b) METHOD OF FUNDING.—The Secretary may

2 fund the activities described in subsection (a) directly or

3 through grants, contracts, and cooperative agreements.

4 ‘‘(c) USES OF FUNDS.—(1) Funds reserved for lead5 ership activities may be used for—

6 ‘‘(A) disseminating information, including lists

7 and descriptions of services available from recipients;

8 and

9 ‘‘(B) other activities designed to enhance the

10 quality of distance learning activities nationwide.

11 ‘‘(2) Funds reserved for evaluation activities shall be

12 used to conduct independent evaluations of the Star

13 Schools program under this subpart and of distance learn14 ing in general, including—

15 ‘‘(A) analyses of distance learning efforts, in16 cluding both Star Schools projects and efforts not

17 funded by the program under this subpart; and

18 ‘‘(B) comparisons of the effects, including stu19 dent outcomes, of different technologies in distance

20 learning efforts.

21 ‘‘(3) Funds reserved for peer review activities may

22 be used for peer review of both proposals and funded

23 projects.
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•HR 6 RFS

1 ‘‘SEC. 2225. DEFINITIONS.

2 ‘‘For the purpose of this subpart, the following terms

3 have the following meanings:

4 ‘‘(1) The term ‘educational institution’ means

5 an institution of higher education, a local edu6 cational agency, or a State educational agency.

7 ‘‘(2) The term ‘instructional programming’

8 means courses of instruction and training courses

9 for elementary and secondary students, teachers,

10 and others, and materials for use in such instruction

11 and training that have been prepared in audio and

12 visual form on tape, disc, film, or live, and presented

13 by means of telecommunications devices.

14 ‘‘(3) The term ‘public broadcasting entity’ has

15 the same meaning given that term in section 397 of

16 the Communications Act of 1934.

17 ‘‘Subpart 4—Development of Educational Technology

18 Products

19 ‘‘SEC. 2226. EDUCATIONAL TECHNOLOGY PRODUCT DEVEL20 OPMENT.

21 ‘‘(a) PURPOSE.—It is the purpose of this section to

22 support the development of curriculum-based learning re23 sources and systems using state-of-the-art technologies

24 and techniques designed to improve student learning.

25 ‘‘(b) FEDERAL ASSISTANCE AUTHORIZED.—
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•HR 6 RFS

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

2 assistance, on a competitive basis, to eligible consor3 tia to enable such entities to develop, produce, and

4 distribute state-of-the-art technology-enhanced in5 structional resources and programming for use in

6 the classroom or to support professional development

7 for teachers.

8 ‘‘(2) GRANTS AND LOANS AUTHORIZED.—In

9 carrying out the purposes of this section, the Sec10 retary is authorized to pay the Federal share of the

11 cost of the development, production, and distribution

12 of state-of-the-art technology enhanced instructional

13 resources and programming—

14 ‘‘(A) by awarding grants to, or entering

15 into contracts or cooperative agreements with

16 eligible consortia; or

17 ‘‘(B) by awarding loans to eligible consor18 tia which—

19 ‘‘(i) shall be secured in such manner

20 and be repaid within such period, not ex21 ceeding 20 years, as may be determined by

22 the Secretary;

23 ‘‘(ii) shall bear interest at a rate de24 termined by the Secretary which shall be

25 not more than the total of one-quarter of
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•HR 6 RFS

1 1 percent per annum added to the rate of

2 interest paid by the Secretary on funds ob3 tained from the Secretary of the Treasury;

4 and

5 ‘‘(iii) may be forgiven by the Sec6 retary, in an amount not to exceed 25 per7 cent of the total loan, under such terms

8 and conditions as the Secretary may con9 sider appropriate.

10 ‘‘(3) FEDERAL SHARE.—The Secretary shall re11 quire any recipient of a grant, contract, or loan

12 under this section to share in the cost of the activi13 ties supported with such assistance.

14 ‘‘(4) ELIGIBLE CONSORTIUM.—For the purpose

15 of this section, the term ‘eligible consortium’ means

16 a consortium consisting of—

17 ‘‘(A) State or local educational agencies in

18 partnership with business, industry, or tele19 communications entity;

20 ‘‘(B) a business, industry, or telecommuni21 cations entity;

22 ‘‘(C) a public or private nonprofit organi23 zation; or

24 ‘‘(D) an institution of higher education.
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•HR 6 RFS

1 ‘‘(5) PRIVATE SECTOR ADVISORY BOARD.—The

2 Secretary shall establish an advisory board which

3 shall provide advice and counsel to the Secretary

4 concerning the most effective means of implementing

5 the provisions of this section. Such board shall—

6 ‘‘(A) include educators, school administra7 tors, and policymakers knowledgeable about the

8 technology and curriculum needs of State and

9 local education agencies, and adult and family

10 educators;

11 ‘‘(B) include representatives of private for12 profit and nonprofit entities engaged in the pro13 duction and development of educational soft14 ware and other technology-based learning re15 sources;

16 ‘‘(C) make recommendations to the Sec17 retary concerning the types and terms of Fed18 eral financial assistance which promise to be

19 most effective in advancing the purposes of this

20 section; and

21 ‘‘(D) regularly evaluate the implementation

22 of this section.

23 ‘‘(6) PRIORITIES.—In awarding assistance

24 under this section, the Secretary shall give priority
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•HR 6 RFS

1 to applications describing programs or systems

2 that—

3 ‘‘(A) promote the acquisition of higher4 order thinking skills and promise to raise the

5 achievement levels of all students, particularly

6 disadvantaged students who are not realizing

7 their potential;

8 ‘‘(B) are aligned with challenging content

9 standards and State and local curriculum

10 frameworks;

11 ‘‘(C) may be adapted and applied nation12 ally at a reasonable cost;

13 ‘‘(D) covert technology resources developed

14 with support from the Department of Defense

15 and other Federal agencies for effective use in

16 the classroom;

17 ‘‘(E) promise to reduce the costs of provid18 ing high-quality instruction; and

19 ‘‘(F) promise to expand access to high20 quality instruction in content areas which would

21 otherwise not be available to students in rural

22 and urban communities or who attend other

23 educational agencies with limited financial re24 sources.
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•HR 6 RFS

1 ‘‘(7) REQUIREMENTS FOR FEDERAL ASSIST2 ANCE.—Each eligible consortium desiring Federal

3 assistance under this section shall submit an appli4 cation to the Secretary at such time and in such

5 manner as the Secretary may prescribe. Each appli6 cation shall include—

7 ‘‘(A) a description of how the program or

8 system shall improve the achievement levels of

9 students of all ages;

10 ‘‘(B) a description of how teachers associ11 ated with the program will be trained to inte12 grate technology in the classroom;

13 ‘‘(C) a description of how the design, de14 velopment, piloting, field testing, and distribu15 tion of the program or system will be carried

16 out;

17 ‘‘(D) an assurance that the program or

18 system shall effectively serve a large number or

19 percentage of economically disadvantaged stu20 dents;

21 ‘‘(E) plans for dissemination to a wide au22 dience of learners; and

23 ‘‘(F) provisions for closed captioning or de24 scriptive video where appropriate.
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•HR 6 RFS

1 ‘‘(c) EVALUATION.—The Secretary shall provide for

2 the independent evaluation of programs or systems devel3 oped with assistance under this section and shall regularly

4 collect and disseminate to State and local educational

5 agencies and to the public information about the useful6 ness and effectiveness of such programs or systems.

7 ‘‘(d) ROYALTIES.—Notwithstanding any other provi8 sion of law, the Secretary is authorized to require that

9 a portion of any royalty paid as a result of assistance pro10 vided under this section be deposited in a central fund for

11 the purposes of—

12 ‘‘(1) recovering all or part of the Federal share

13 of the costs of developing, producing, and distribut14 ing the product for which such royalty is paid; and

15 ‘‘(2) carrying out the provisions of this section.

16 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

17 purpose of carrying out this section, there are authorized

18 to be appropriated $50,000,000 for fiscal year 1995 and

19 such sums as may be necessary for fiscal years 1996,

20 1997, 1998, and 1999.

21 ‘‘PART C—LIBRARY MEDIA PROGRAM

22 ‘‘SEC. 2231. ESTABLISHMENT OF PROGRAM.

23 ‘‘The Secretary shall award grants from allocations

24 under section 2232 to States for the acquisition of school

25 library media resources for the use of students, library
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•HR 6 RFS

1 media specialists, and teachers in elementary and second2 ary schools.

3 ‘‘SEC. 2232. ALLOCATION TO STATES.

4 ‘‘From the amount appropriated pursuant to section

5 2205 in each fiscal year, the Secretary shall allocate to

6 each State having an approved plan under section 2233

7 as follows:

8 ‘‘(1) For appropriations below $50,000,000, at

9 the discretion of the Secretary, taking into account

10 such factors as the age and condition of the State’s

11 existing library media collections.

12 ‘‘(2) For appropriations of $50,000,000 and

13 above to each State an amount which bears the

14 same ratio to such funds as the amount such State

15 received under section 1122 of title I bears to the

16 amount all States received under section 1122 in

17 such year; except that no State shall receive less

18 than one-half of one percent of such funds.

19 ‘‘SEC. 2233. STATE PLANS.

20 ‘‘(a) IN GENERAL.—In order for a State to receive

21 an allocation of funds under section 2232 for any fiscal

22 year, such State shall have in effect for such fiscal year

23 a State plan. Such plan shall—
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•HR 6 RFS

1 ‘‘(1) designate the State educational agency as

2 the State agency responsible for the administration

3 of the program described in this part;

4 ‘‘(2) set forth a program under which funds

5 paid to the State from its allocation under section

6 2202 will be expended solely for—

7 ‘‘(A) acquisition of school library media re8 sources, including foreign language resources,

9 for the use of students, school library media

10 specialists, and teachers in elementary and sec11 ondary schools in the United States; and

12 ‘‘(B) administration of the State plan, in13 cluding development and revision of standards,

14 relating to school library media resources; ex15 cept that the amount used for administration of

16 the State plan in any fiscal year shall not ex17 ceed 5 percent of the amount allocated to such

18 State under section 2232 for such fiscal year;

19 and

20 ‘‘(3) set forth the criteria to be used in allotting

21 funds for school library media resources among the

22 local educational agencies of the State, which allot23 ment shall take into consideration the relative need

24 of the students, school media specialists, and teach25 ers to be served.
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•HR 6 RFS

1 ‘‘(b) PLAN SUBMISSION.—The State plan may be

2 submitted as part of a consolidated application under sec3 tion 9302.

4 ‘‘SEC. 2234. DISTRIBUTION OF ALLOCATION TO LOCAL EDU5 CATIONAL AGENCIES.

6 ‘‘From the funds allocated to a State under section

7 2202 in each fiscal year, such State shall distribute not

8 less than 99 percent of such funds in such year to local

9 educational agencies within such State according to the

10 relative enrollment of students in elementary and second11 ary schools within the school districts of such State, ad12 justed to provide higher per-pupil allotments to local edu13 cational agencies that have the greatest number or per14 centages of students whose education imposes a higher

15 than average cost per child, such as those students—

16 ‘‘(1) living in areas with high concentrations of

17 low-income families;

18 ‘‘(2) from low-income families; and

19 ‘‘(3) living in sparsely populated areas.

20 ‘‘SEC. 2235. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘There are authorized to be appropriated to carry out

22 this part $200,000,000 for fiscal year 1995 and such sums

23 as may be necessary for each of the fiscal years 1996,

24 1997, 1998, and 1999.
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1 ‘‘PART D—SUPPORT AND ASSISTANCE FOR ESEA

2 PROGRAMS

3 ‘‘SEC. 2341. FINDINGS.

4 ‘‘The Congress finds that—

5 ‘‘(1) high-quality technical assistance can en6 hance the improvements in teaching and learning

7 achieved through the implementation of programs

8 under this Act;

9 ‘‘(2) comprehensive technical assistance and ef10 fective program dissemination are essential ingredi11 ents of the overall strategy of the reauthorization of

12 this Act to improve programs and to provide all chil13 dren opportunities to meet challenging State per14 formance standards;

15 ‘‘(3) States, local educational agencies, tribes,

16 and schools serving students with special needs, such

17 as students with limited English proficiency, have

18 great need for comprehensive technical assistance in

19 order to use funds under this Act to provide such

20 students with opportunities to learn to challenging

21 State standards;

22 ‘‘(4) current technical assistance and dissemina23 tion efforts are fragmented and categorical in na24 ture, and thus fail to address adequately the needs

25 of States and local educational agencies and tribes

26 for help in integrating into a coherent strategy for
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1 improving teaching and learning the various pro2 grams under this Act with State and local programs

3 and other education reform efforts;

4 ‘‘(5) too little creative use is made of technology

5 as a means of providing information and assistance

6 in a cost-effective way;

7 ‘‘(6) comprehensive technical assistance can

8 help schools and school systems focus on improving

9 opportunities for all children to reach challenging

10 State performance standards, as they implement

11 programs under this Act;

12 ‘‘(7) comprehensive technical assistance would

13 provide coordinated assistance to help States, local

14 educational agencies, tribes, participating colleges

15 and universities, and schools integrate Federal,

16 State, and local education programs in ways that

17 contribute to improving schools and entire school

18 systems;

19 ‘‘(8) technical assistance in support of pro20 grams under this Act should be coordinated with the

21 Department’s regional offices, the regional edu22 cational laboratories, State Literacy Resource Cen23 ters, vocational resource centers, and other technical

24 assistance efforts supported by the Department;
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1 ‘‘(9) technical assistance providers should

2 prioritize assistance to local educational agencies

3 and schools; and

4 ‘‘(10) technical assistance should both encour5 age the integration of categorical programs and en6 sure that students with special needs, such as lim7 ited English proficiency students, are served fully.

8 ‘‘SEC. 2342. PURPOSE.

9 ‘‘The purpose of this part is to create a national tech10 nical assistance and dissemination system to make avail11 able to States, local educational agencies, tribes, schools,

12 and other recipients of funds under this Act technical as13 sistance in—

14 ‘‘(1) implementing programs authorized by this

15 Act in a manner that improves teaching and learn16 ing for all students;

17 ‘‘(2) coordinating those programs with other

18 Federal, State, and local education plans and activi19 ties, so that all students are provided opportunities

20 to meet challenging State performance standards, in

21 particular students at risk of educational failure;

22 and

23 ‘‘(3) adopting, adapting, and implementing

24 promising and proven practices for improving teach25 ing and learning.
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1 ‘‘SEC. 2343. PROGRAMS AUTHORIZED.

2 ‘‘(a) COMPREHENSIVE ASSISTANCE CENTERS.—The

3 Secretary is authorized to award grants or enter into con4 tracts with public or private nonprofit entities or consortia

5 to establish a networked system of 15 centers to provide

6 comprehensive research-based training and technical as7 sistance to States, local educational agencies, schools,

8 tribes, community-based organizations, and other recipi9 ents of funds under this Act in their administration and

10 implementation of programs authorized by this Act. In es11 tablishing centers and allocating resources among the cen12 ters, the Secretary shall consider the geographic distribu13 tion of title I students; the geographic and linguistic dis14 tribution of students of limited English proficiency; the

15 geographic distribution of Indian students; the special

16 needs of students living in rural areas; and the special

17 needs of States and territories in geographic isolation.

18 ‘‘(b) STATE-BASED ASSISTANCE.—The Secretary is

19 authorized to award grants or enter into contracts with

20 public and private nonprofit entities to establish an assist21 ance agency in each State and territory and in the Bureau

22 of Indian Affairs. This program shall be called the Na23 tional Diffusion Network and will assist States, local edu24 cational agencies, schools, and other appropriate edu25 cational entities in identifying and securing appropriate,

26 high-quality technical assistance, provide information on
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1 and assistance in adopting effective programs and prac2 tices, and work cooperatively with the Comprehensive As3 sistance Centers to improve teaching and learning and

4 raise standards for all students.

5 ‘‘(c) ACCOUNTABILITY.—To ensure the quality and

6 effectiveness of the technical assistance system supported

7 under this part, the Secretary shall—

8 ‘‘(1) provide for an external peer review (includ9 ing representatives of the populations served under

10 this Act) of the centers under this part every 2

11 years;

12 ‘‘(2) develop, in consultation with the Assistant

13 Secretary for Elementary and Secondary Education,

14 the Director of Bilingual Education and Minority

15 Languages Affairs, and the Assistant Secretary for

16 Educational Research and Improvement, a set of

17 performance indicators, for use during the peer re18 views required by paragraph (1), that assesses

19 whether the work of the centers assists in improving

20 teaching and learning under this Act for all children,

21 in particular children at risk of educational failure;

22 ‘‘(3) require each center to publish, and dis23 seminate widely throughout its region, an annual re24 port on its services and accomplishments and how

25 those services and accomplishments relate to the
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1 performance indicators developed under paragraph

2 (2);

3 ‘‘(4) conduct periodic surveys of users of the

4 centers’ services to determine if users are satisfied

5 with the access to and quality of such services;

6 ‘‘(5) collect, as part of the Department’s re7 views of programs under this Act, information about

8 the availability and quality of services provided by

9 the centers, and share that information with the

10 centers;

11 ‘‘(6) take whatever steps are reasonable and

12 necessary to ensure that each center performs its re13 sponsibilities in a satisfactory manner, which may

14 include termination of an award under this part (if

15 the Secretary concludes that performance has been

16 unsatisfactory) and the selection of a new center, as

17 well as whatever interim arrangements the Secretary

18 determines are necessary to ensure the satisfactory

19 delivery of services under this part to the affected

20 region; and

21 ‘‘(7) provide for an independent evaluation of

22 the comprehensive assistance centers and the Na23 tional Diffusion Network authorized by this part and

24 report the results of that evaluation to Congress

25 prior to the next reauthorization of this Act.
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1 ‘‘(d) CONTRACT PERIOD.—Grants or contracts

2 awarded under this section shall be awarded for a period

3 of 5 years following the extension of contracts and grants

4 under section 2346(d).

5 ‘‘SEC. 2344. REQUIREMENTS OF COMPREHENSIVE ASSIST6 ANCE CENTERS.

7 ‘‘Each comprehensive assistance center established

8 under section 2343(a)—

9 ‘‘(1) shall maintain staff expertise in at least all

10 of the following areas:

11 ‘‘(A) Instruction, curriculum improvement,

12 assessment, school reform, and other aspects of

13 title I of this Act.

14 ‘‘(B) Meeting the needs of children served

15 under this Act, including children in high-pov16 erty areas, migratory children, immigrant chil17 dren, children with limited English proficiency,

18 neglected or delinquent children, homeless chil19 dren and youth, Indian children, and children

20 with disabilities and where applicable, Alaskan

21 Native children and Native Hawaiian children.

22 ‘‘(C) Professional development for teach23 ers, other school staff, and administrators to

24 help students meet challenging State perform25 ance standards.
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•HR 6 RFS

1 ‘‘(D) Bilingual education, including pro2 grams that emphasize English and native lan3 guage proficiency and promote multicultural

4 understanding.

5 ‘‘(E) Safe and drug-free schools.

6 ‘‘(F) Educational applications of tech7 nology.

8 ‘‘(G) Parent involvement and participation.

9 ‘‘(H) The reform of schools and school sys10 tems.

11 ‘‘(I) Program evaluation.

12 ‘‘(J) Coordination of services.

13 ‘‘(K) School governance and management.

14 ‘‘(L) Partnerships between the public and

15 private sector, including the formation of part16 nerships between schools and businesses;

17 ‘‘(2) shall ensure, where appropriate, staff ex18 pertise in the special needs of students living in

19 rural areas and in the special needs of local edu20 cation agencies serving rural areas;

21 ‘‘(3) shall ensure that technical assistance staff

22 have sufficient training, knowledge, and expertise in

23 how to integrate and coordinate programs under this

24 Act with each other, as well as with other Federal,

25 State, and local programs and reforms, and reflect
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•HR 6 RFS

1 the diverse linguistic and cultural expertise appro2 priate to the region served;

3 ‘‘(4) shall provide technical assistance using the

4 highest quality and most cost-effective strategies

5 possible;

6 ‘‘(5) shall coordinate services, work coopera7 tively, and regularly share information with the re8 gional education laboratories, the Eisenhower Re9 gional Math and Science consortia, research and de10 velopment centers, State literacy centers, and other

11 entities engaged in research, development, dissemi12 nation, and technical assistance activities which are

13 supported by the Department of Education as part

14 of a Federal technical assistance system, to provide

15 a broad range of support services to schools in the

16 region while minimizing the duplication of such serv17 ices; and

18 ‘‘(6) shall provide services to States, local edu19 cational agencies, tribes, and schools through or in

20 coordination with the State Facilitators of the Na21 tional Diffusion Network as authorized in section

22 2343(b) in order to better implement the purposes

23 of this section and provide the support and assist24 ance diffusion agents need to carry out their mission

25 effectively.
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1 ‘‘SEC. 2345. DUTIES OF COMPREHENSIVE ASSISTANCE CEN2 TERS.

3 ‘‘(a) IN GENERAL.—Each center established under

4 section 2343(a) shall provide comprehensive, integrated

5 technical assistance services focused on improving teach6 ing and learning.

7 ‘‘(b) SUPPORT AND ASSISTANCE.—Comprehensive

8 centers shall provide support and assistance to State edu9 cational agencies, tribal divisions of education, local edu10 cational agencies, schools, and other grant recipients

11 under this Act in—

12 ‘‘(1) the development of plans for integrating

13 programs under this Act with other Federal pro14 grams and with State, local and tribal reform

15 efforts;

16 ‘‘(2) the development, selection, and use of

17 challenging, high-quality curricula aligned with high

18 standards and assessments;

19 ‘‘(3) the identification, adaptation, or develop20 ment of instructional strategies and materials which

21 meet the needs of children receiving assistance under

22 this Act;

23 ‘‘(4) the development of valid, reliable, and non24 discriminatory systems of assessment which reflect

25 recent advances in the field of education assessment;
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•HR 6 RFS

1 ‘‘(5) the development, selection, and implemen2 tation of effective schoolwide projects;

3 ‘‘(6) improving the capacity of educators, school

4 administrators, counselors, and other school person5 nel to assist students to reach challenging standards,

6 especially those students furthest from such stand7 ards, through the expansion and strengthening of

8 professional development activities;

9 ‘‘(7) expanding and improving opportunities for

10 parents to participate in the education of their chil11 dren at home and at school;

12 ‘‘(8) creating safe and drug-free environments,

13 especially in areas experiencing high levels of drug

14 use and violence in the community and schools;

15 ‘‘(9) the coordination of services and programs

16 to meet the needs of students so that they can fully

17 participate in the educational program of the school;

18 ‘‘(10) the evaluation of educational programs;

19 ‘‘(11) educational applications of technology,

20 when appropriate, in coordination with the regional

21 mathematics and science education consortia;

22 ‘‘(12) reforming the governance and manage23 ment of schools; and

24 ‘‘(13) establishing public/private education part25 nerships, including school/business partnerships.
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•HR 6 RFS

1 ‘‘(c) ADDITIONAL DUTIES.—Additional duties in2 clude—

3 ‘‘(1) assisting States, local educational agencies,

4 tribal divisions of education, and schools in replicat5 ing and adapting exemplary and promising edu6 cational programs, policies, and practices through or

7 in coordination with the National Diffusion Network

8 State Facilitator;

9 ‘‘(2) assisting State educational agencies and

10 local educational agencies to develop school support

11 teams to work with schoolwide programs under title

12 I of this Act; and

13 ‘‘(3) assisting State educational agencies, local

14 educational agencies, and the National Diffusion

15 Network State Facilitators to increase their capacity

16 to provide high-quality technical assistance in sup17 port of programs under this Act.

18 ‘‘SEC. 2346. SERVICE AND APPLICATION REQUIREMENTS.

19 ‘‘(a) MAINTENANCE OF SERVICE.—The Secretary

20 shall ensure that the comprehensive assistance centers

21 funded under this part provide technical assistance serv22 ices that address the needs of bilingual, migrant, immi23 grant, and Indian students that are at least comparable

24 to the level of such technical assistance services provided

25 under programs administered by the Secretary prior to the
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•HR 6 RFS

1 date of the enactment of the Improving America’s Schools

2 Act of 1994.

3 ‘‘(b) MINIMUM FUNDS.—

4 ‘‘(1) MAINTENANCE OF EFFORT.—In awarding

5 grants or contracts for comprehensive assistance

6 centers, the Secretary shall ensure that the propor7 tion of funds used to provide services that address

8 the needs of limited-English-proficient, immigrant,

9 and migrant students shall be no less than the pro10 portion of funds expended under grants or contracts

11 expiring in fiscal year 1995 for categorical technical

12 assistance centers serving limited-English-proficient

13 and migrant students.

14 ‘‘(2) INDIAN STUDENTS.—In awarding grants

15 or contracts for comprehensive assistance centers,

16 the Secretary shall ensure that the proportion of

17 funds used to provide services that address the need

18 of Indian students through the comprehensive cen19 ters established in section 2343(a) shall be no less

20 than the proportion of funds expended under grants

21 or contracts expiring in fiscal year 1995 for tech22 nical assistance centers serving Indian students.

23 ‘‘(c) APPLICATION.—Applications for funds under

24 subsection (a)(2) shall include how centers will—
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1 ‘‘(1) provide expertise in the areas listed in sec2 tion 2344(l);

3 ‘‘(2) work with the National Diffusion Network

4 authorized in section 2343(b) to conduct outreach to

5 local educational agencies prioritized in section

6 2348;

7 ‘‘(3) demonstrate support from States and local

8 educational agencies and tribes in the area to be

9 served;

10 ‘‘(4) ensure a fair distribution of services to

11 urban and rural areas;

12 ‘‘(5) utilize technology to provide technical as13 sistance; and

14 ‘‘(6) provide other information the Secretary

15 may require.

16 In approving applications to comprehensive centers serv17 ing Indian students, the Secretary shall give priority to

18 applications from consortia that include Indian edu19 cational agencies, organizations, or institutions.

20 ‘‘(d) TRANSITION.—The Secretary shall, notwith21 standing any other provision of law, use funds appro22 priated under section 2351 to extend or continue existing

23 contracts and grants for categorical technical assistance

24 centers and for National Diffusion Network State

25 Facilitator and Developer Demonstrators through fiscal
318

•HR 6 RFS

1 year 1995 and take other necessary steps to ensure a

2 smooth transition of this part.

3 ‘‘SEC. 2347. STATE-BASED ACTIVITIES.

4 ‘‘(a) PURPOSES.—The Secretary shall establish a

5 State-based outreach, dissemination, training, and con6 sultation component of the National Technical Assistance

7 and Dissemination System through the National Diffusion

8 Network and its State Facilitators.

9 ‘‘(b) IN GENERAL.—The Department of Education,

10 through the Office of Educational Research and Improve11 ment shall award grants or enter into contracts with pub12 lic or private nonprofit educational organizations or insti13 tutions in each State with demonstrated experience, exper14 tise, and commitment in the areas of applied education

15 research and program dissemination to carry out activities

16 described in subsection (c).

17 ‘‘(c) NATIONAL DIFFUSION NETWORK STATE

18 FACILITATORS.—National Diffusion Network State

19 Facilitators shall work in coordination with the com20 prehensive assistance centers to assist State educational

21 agencies, local educational agencies, tribal divisions of

22 education, schools, family and adult literacy programs,

23 and other appropriate educational entities to—
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•HR 6 RFS

1 ‘‘(1) define their technical assistance needs and

2 align them with school reform, professional develop3 ment, and technology plans;

4 ‘‘(2) secure the technical assistance services

5 that can best fulfill their needs by utilizing Depart6 ment of Education technical assistance centers, re7 gional education laboratories, Eisenhower Regional

8 consortia, State Literacy Resource Centers, and

9 other technical assistance providers including local

10 providers of professional development services;

11 ‘‘(3) identify educational technology needs and

12 secure the necessary technical assistance to address

13 them;

14 ‘‘(4) prepare for on-site, intensive technical as15 sistance provided by the comprehensive centers, labs,

16 or other service providers;

17 ‘‘(5) utilize technology, including regional and

18 national electronic networks, to increase their access

19 to technical assistance, professional development

20 services, and dissemination of exemplary practices

21 and materials;

22 ‘‘(6) deliver high-quality professional develop23 ment services to their school-based educators; and

24 ‘‘(7) provide organizational development serv25 ices to facilitate school-based change.
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•HR 6 RFS

1 ‘‘(d) ADDITIONAL DUTIES.—In addition, National

2 Diffusion Network State Facilitators shall—

3 ‘‘(1) disseminate information about school re4 form and effective and promising practices and help

5 local educational agencies and schools adapt them to

6 their needs;

7 ‘‘(2) facilitate communications between edu8 cators to assist the sharing of promising practices

9 and to foster school reform and professional develop10 ment;

11 ‘‘(3) coordinate their activities with school sup12 port teams and distinguished educators in their

13 State;

14 ‘‘(4) coordinate, work cooperatively with, and

15 regularly share information with the comprehensive

16 centers, the Regional Education Laboratories, and

17 other entities engaged in research, development, dis18 semination, and technical assistance activities which

19 are supported by the Department of Education;

20 ‘‘(5) develop and implement an aggressive out21 reach plan for reaching the local educational agen22 cies and schools identified as priorities in section

23 2308; and

24 ‘‘(6) provide technical, dissemination, and sup25 port assistance to States, local educational agencies,
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•HR 6 RFS

1 and schools using the highest quality and most cost2 effective methods available.

3 ‘‘(e) NATIONAL DIFFUSION NETWORK EFFECTIVE

4 PRACTICES.—The Secretary shall develop a system of vali5 dating effective programs and promising practices for dis6 semination through the National Diffusion Network. Such

7 programs may include exemplary programs funded

8 through any office of the Department of Education, the

9 National Science Foundation, or other Federal agencies.

10 Such a system should be coordinated, aligned with, and

11 administered by the Office of Educational Research and

12 Improvement Office of Reform Assistance and Dissemina13 tion. The Secretary shall give priority to identifying, vali14 dating, and disseminating effective schoolwide projects,

15 programs addressing the needs of high poverty schools,

16 and programs with the capacity to offer high-quality, sus17 tained technical assistance. The Office of Educational Re18 search and Improvement Office of Reform Assistance and

19 Dissemination shall also administer a grants program to

20 such validated Effective Practices for the purpose of dis21 semination and the provision of technical assistance.

22 ‘‘SEC. 2348. PROGRAM PRIORITIES.

23 ‘‘Both the comprehensive centers and the National

24 Diffusion Network shall give priority service to schoolwide

25 projects and to local educational agencies, and Bureau of
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1 Indian Affairs schools with the highest percentage or num2 bers of poor children.

3 ‘‘SEC. 2349. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.

4 ‘‘The Secretary is also authorized to provide a tech5 nology-based technical assistance service that will—

6 ‘‘(1) support the administration and implemen7 tation of programs authorized by this Act by provid8 ing information, including legal and regulatory infor9 mation, and technical guidance and information

10 about best practices; and

11 ‘‘(2) be accessible to all States, local edu12 cational agencies, schools, and others who are recipi13 ents of funds under this Act.

14 ‘‘SEC. 2350. ADMINISTRATION.

15 ‘‘The program authorized by this part shall be jointly

16 administered by the Assistant Secretary for Elementary

17 and Secondary Education, the Director of Bilingual Edu18 cation and Minority Languages Affairs, and the Assistant

19 Secretary for Educational Research and Improvement.

20 ‘‘SEC. 2351. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘For the purposes of carrying out this part, there are

22 authorized to be appropriated $70,000,000 for fiscal year

23 1995 and such sums as may be necessary for each of the

24 fiscal years 1996, 1997, 1998, and 1999. Of the funds

25 appropriated under this part, not less than $25,000,000
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1 shall be made available to support activities of the Na2 tional Diffusion Network authorized in section 2343(b).

3 ‘‘PART E—INNOVATIVE EDUCATION PROGRAM

4 STRATEGIES

5 ‘‘SEC. 2401. FINDINGS AND STATEMENT OF PURPOSE.

6 ‘‘(a) FINDINGS.—The Congress finds that chapter 2

7 of the Education Consolidation and Improvement Act of

8 1981 has been successful in achieving the goals of increas9 ing local flexibility, reducing administrative burden, pro10 viding services for private school students, encouraging in11 novation, and contributing to the improvement of elemen12 tary and secondary educational programs.

13 ‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of

14 programs under this part:

15 ‘‘(1) To support local education reform efforts

16 which are consistent with and support statewide re17 form efforts under Goals 2000: Educate America

18 Act.

19 ‘‘(2) To support State and local efforts to ac20 complish the National Education Goals.

21 ‘‘(3) To provide funding to enable State and

22 local educational agencies to implement promising

23 educational reform programs that can be supported

24 by State and local sources of funding after such pro25 grams are demonstrated to be effective.
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•HR 6 RFS

1 ‘‘(4) To provide a continuing source of innova2 tion, educational improvement, and support for li3 brary services and instructional materials, including

4 media materials.

5 ‘‘(5) To meet the special educational needs of

6 at risk and high cost students.

7 ‘‘(c) STATE AND LOCAL RESPONSIBILITY.—The

8 basic responsibility for the administration of funds made

9 available under this part is within the State educational

10 agencies, but it is the intent of Congress that the respon11 sibility be carried out with a minimum of paperwork and

12 that the responsibility for the design and implementation

13 of programs assisted under this part will be mainly that

14 of local educational agencies, school superintendents and

15 principals, and classroom teachers and supporting person16 nel, because they have the most direct contact with stu17 dents and are most likely to be able to design programs

18 to meet the educational needs of students in their own

19 districts.

20 ‘‘SEC. 2402. AUTHORIZATION OF APPROPRIATIONS; DURA21 TION OF ASSISTANCE.

22 ‘‘(a) AUTHORIZATION.—To carry out the purposes of

23 this part, there are authorized to be appropriated

24 $435,000,000 for fiscal year 1995 and such sums in each

25 of the fiscal years 1996 through 1999.
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1 ‘‘(b) DURATION OF ASSISTANCE.—During the period

2 beginning October 1, 1994, and ending September 30,

3 1999, the Secretary shall, in accordance with the provi4 sions of this part, make payments to State educational

5 agencies for the purpose of this section.

6 ‘‘SEC. 2403. DEFINITION.

7 ‘‘For the purposes of this part the term ‘effective

8 schools programs’ means school-based programs that may

9 encompass preschool through secondary school levels and

10 that have the objectives of (1) promoting school-level plan11 ning, instructional improvement, and staff development,

12 (2) increasing the academic achievement levels of all chil13 dren and particularly educationally deprived children, and

14 (3) achieving as ongoing conditions in the school the fol15 lowing factors identified through effective schools research

16 as distinguishing effective from ineffective schools:

17 ‘‘(A) Strong and effective administrative and

18 instructional leadership that creates consensus on in19 structional goals and organizational capacity for in20 structional problem solving.

21 ‘‘(B) Emphasis on the acquisition of basic and

22 higher order skills.

23 ‘‘(C) A safe and orderly school environment

24 that allows teachers and pupils to focus their ener25 gies on academic achievement.
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•HR 6 RFS

1 ‘‘(D) A climate of expectation that virtually all

2 children can learn under appropriate conditions.

3 ‘‘(E) Continuous assessment of students and

4 programs to evaluate the effects of instruction.

5 ‘‘Subpart 1—State and Local Programs

6 ‘‘SEC. 2411. ALLOTMENT TO STATES.

7 ‘‘(a) RESERVATIONS.—From the sums appropriated

8 to carry out this subpart in any fiscal year, the Secretary

9 shall reserve not to exceed 1 percent for payments to

10 Guam, American Samoa, the Virgin Islands, the Northern

11 Mariana Islands, and Palau (until the effective date of the

12 Compact of Free Association with the Government of

13 Palau), to be allotted in accordance with their respective

14 needs.

15 ‘‘(b) ALLOTMENT.—From the remainder of such

16 sums the Secretary shall allot to each State an amount

17 which bears the same ratio to the amount of such remain18 der as the school-age population of the State bears to the

19 school-age population of all States, except that no State

20 shall receive less than an amount equal to one-half of 1

21 percent of such remainder.

22 ‘‘(c) DEFINITIONS.—For purposes of this subpart—

23 ‘‘(1) The term ‘school-age population’ means

24 the population aged 5 through 17.
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1 ‘‘(2) The term ‘States’ includes the 50 States,

2 the District of Columbia, and the Commonwealth of

3 Puerto Rico.

4 ‘‘SEC. 2412. ALLOCATION TO LOCAL EDUCATIONAL AGEN5 CIES.

6 ‘‘(a) DISTRIBUTION RULE.—From the sums made

7 available each year to carry out this part, the State edu8 cational agency shall distribute not less than 85 percent

9 to local educational agencies within such State according

10 to the relative enrollments in public and private, nonprofit

11 schools within the school districts of such agencies, ad12 justed, in accordance with criteria approved by the Sec13 retary, to provide higher per pupil allocations to local edu14 cational agencies which have the greatest numbers or per15 centages of children whose education imposes a higher

16 than average cost per child, such as—

17 ‘‘(1) children living in areas with high con18 centrations of low-income families,

19 ‘‘(2) children from low-income families, and

20 ‘‘(3) children living in sparsely populated areas.

21 ‘‘(b) CALCULATION OF ENROLLMENTS.—(1) The cal22 culation of relative enrollments under subsection (a) shall

23 be on the basis of the total of—

24 ‘‘(A) the number of children enrolled in public

25 schools, and
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1 ‘‘(B) the number of children enrolled in private

2 nonprofit schools that desire that their children par3 ticipate in programs or projects assisted under this

4 part, for the fiscal year preceding the fiscal year in

5 which the determination is made. Nothing in this

6 subsection shall diminish the responsibility of local

7 educational agencies to contact, on an annual basis,

8 appropriate officials from private nonprofit schools

9 within the areas served by such agencies in order to

10 determine whether such schools desire that their

11 children participate in programs assisted under this

12 part.

13 ‘‘(2)(A) Relative enrollments under subsection

14 (a) shall be adjusted, in accordance with criteria ap15 proved by the Secretary under subparagraph (B), to

16 provide higher per pupil allocations only to local edu17 cational agencies which serve the greatest numbers

18 or percentages of—

19 ‘‘(i) children living in areas with high con20 centrations of low-income families,

21 ‘‘(ii) children from low-income families, or

22 ‘‘(iii) children living in sparsely populated

23 areas.

24 ‘‘(B) The Secretary shall review criteria submit25 ted by a State educational agency for adjusting allo-
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•HR 6 RFS

1 cations under paragraph (1) and shall approve such

2 criteria only if the Secretary determines that such

3 criteria are reasonably calculated to produce an ad4 justed allocation that reflects the relative needs with5 in the State’s local educational agencies based on the

6 factors set forth in subparagraph (A).

7 ‘‘(c) PAYMENT OF ALLOCATIONS.—

8 ‘‘(1) From the funds paid to it pursuant to sec9 tion 2402 for a fiscal year, a State educational agen10 cy shall distribute to each eligible local educational

11 agency which has submitted an application as re12 quired in section 2423 the amount of its allocation

13 as determined under subsection (a).

14 ‘‘(2)(A) Additional funds resulting from higher

15 per pupil allocations provided to a local educational

16 agency on the basis of adjusted enrollments of chil17 dren described in subsection (a), may, at the discre18 tion of the local educational agency, be allocated for

19 expenditures to provide services for children enrolled

20 in public and private nonprofit schools in direct pro21 portion to the number of children described in sub22 section (a) and enrolled in such schools within the

23 local educational agency.

24 ‘‘(B) In any fiscal year, any local educational

25 agency that elects to allocate such additional funds
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1 in the manner described in subparagraph (A) shall

2 allocate all additional funds to schools within the

3 local educational agency in such manner.

4 ‘‘(C) The provisions of subparagraphs (A) and

5 (B) may not be construed to require any school to

6 limit the use of such additional funds to the provi7 sion of services to specific students or categories of

8 students.

9 ‘‘Subpart 2—State Programs

10 ‘‘SEC. 2421. STATE USES OF FUNDS.

11 ‘‘(a) AUTHORIZED ACTIVITIES.—A State educational

12 agency may use funds reserved for State use under this

13 section only for—

14 ‘‘(1) State administration of programs under

15 this section including—

16 ‘‘(A) supervision of the allocation of funds

17 to local educational agencies;

18 ‘‘(B) planning, supervision, and processing

19 of State funds; and

20 ‘‘(C) monitoring and evaluation of pro21 grams and activities under this part; and

22 ‘‘(2) technical assistance and direct grants to

23 local educational agencies and statewide education

24 reform activities including effective schools programs
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•HR 6 RFS

1 which assist local educational agencies to provide

2 targeted assistance.

3 ‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more

4 than 25 percent of funds available for State programs

5 under this part in any fiscal year may be used for State

6 administration under subsection (a)(1).

7 ‘‘SEC. 2423. STATE APPLICATIONS.

8 ‘‘(a) APPLICATION REQUIREMENTS.—Any State

9 which desires to receive a grant under this subpart shall

10 submit to the Secretary an application which—

11 ‘‘(1) designates the State educational agency as

12 the State agency responsible for administration and

13 supervision of programs assisted under this part;

14 ‘‘(2)(A) provides for an annual submission of

15 data on the use of funds, the types of services fur16 nished, and the students served under this section;

17 and

18 ‘‘(B) in fiscal year 1998 provides for an evalua19 tion of the effectiveness of programs assisted under

20 this subpart;

21 ‘‘(3) sets forth the allocation of such funds re22 quired to implement section 2452;

23 ‘‘(4) provides that the State educational agency

24 will keep such records and provide such information

25 to the Secretary as may be required for fiscal audit
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•HR 6 RFS

1 and program evaluation (consistent with the respon2 sibilities of the Secretary under this section);

3 ‘‘(5) provides assurance that, apart from tech4 nical and advisory assistance and monitoring compli5 ance with this part, the State educational agency

6 has not exercised and will not exercise any influence

7 in the decision making processes of local educational

8 agencies as to the expenditure made pursuant to an

9 application under section 2433; and

10 ‘‘(6) contain assurances that there is compli11 ance with the specific requirements of this part.

12 ‘‘(b) PERIOD OF APPLICATION.—An application filed

13 by the State under subsection (a) shall be for a period

14 not to exceed 3 years, and may be amended annually as

15 may be necessary to reflect changes without filing a new

16 application.

17 ‘‘(c) AUDIT RULE.—Notwithstanding section 1745 of

18 the Omnibus Budget Reconciliation Act of 1981, local

19 educational agencies receiving less than an average of

20 $5,000 each under this section need not be audited more

21 frequently than once every 5 years.
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1 ‘‘Subpart 3—Local Targeted Assistance Programs

2 ‘‘SEC. 2431. TARGETED USE OF FUNDS.

3 ‘‘(a) GENERAL RULE.—Funds allocated for use

4 under this subpart shall be used by local educational agen5 cies for targeted assistance described in subsection (b).

6 ‘‘(b) TARGETED ASSISTANCE.—The targeted assist7 ance programs referred to in subsection (a) include—

8 ‘‘(1) technology related to the implementation

9 of school-based reform programs, including profes10 sional development to assist teachers and other

11 school officials regarding how to use effectively such

12 equipment and software;

13 ‘‘(2) instructional and educational materials, as14 sessments, and library services and materials (in15 cluding media materials) tied to high academic

16 standards and which are part of an overall education

17 reform program;

18 ‘‘(3) promising education reform projects, in19 cluding effective schools and 21st Century Learning

20 Center school projects in accordance with subpart 4;

21 and

22 ‘‘(4) computer hardware and software pur23 chased under this section should be used only for in24 structional purposes.
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•HR 6 RFS

1 ‘‘SEC. 2432. ADMINISTRATIVE AUTHORITY.

2 ‘‘In order to conduct the activities authorized by this

3 part, each State or local educational agency may use funds

4 reserved for this part to make grants to and to enter into

5 contracts with local educational agencies, institutions of

6 higher education, libraries, museums, and other public and

7 private nonprofit agencies, organizations, and institutions.

8 ‘‘SEC. 2433. LOCAL APPLICATIONS.

9 ‘‘(a) CONTENTS OF APPLICATION.—A local edu10 cational agency or consortia of local educational agencies

11 may receive an allocation of funds under this subpart for

12 any year for which an application is submitted to the State

13 educational agency and such application is certified to

14 meet the requirements of this section. The State edu15 cational agency shall certify any such application if such

16 application—

17 ‘‘(1)(A) sets forth the planned allocation of

18 funds among targeted assistance programs described

19 in section 2431 of this part and describes the pro20 grams, projects and activities designed to carry out

21 such targeted assistance which it intends to support,

22 together with the reasons for selection of such pro23 grams, projects and activities; and

24 ‘‘(B) sets forth the allocation of such funds re25 quired to implement section 2452;
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•HR 6 RFS

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) provide assurances of compliance with the

6 provisions of this part, including the participation of

7 children enrolled in private, nonprofit schools in ac8 cordance with section 2452;

9 ‘‘(4) agrees to keep such records, and provide

10 such information to the State educational agency as

11 may reasonably be required for fiscal audit and pro12 gram evaluation, concession with the responsibilities

13 of the State agency under this part; and

14 ‘‘(5) provides in the allocation of funds for the

15 assistance authorized by this part, and in the design,

16 planning and implementation of such programs, for

17 systematic consultation with parents of children at18 tending elementary and secondary schools in the

19 area served by the local educational agency, with

20 teachers and administrative personnel in such

21 schools, and with other groups involved in the imple22 mentation of this section (such as librarians, school

23 counselors, and other pupil services personnel) as

24 may be considered appropriate by the local edu25 cational agency.
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•HR 6 RFS

1 ‘‘(b) PERIOD OF APPLICATION.—An application filed

2 by a local educational agency under subsection (a) shall

3 be for a period not to exceed 3 fiscal years, may provide

4 for the allocation of funds to programs for a period of

5 3 years, and may be amended annually as may be nec6 essary to reflect changes without filing a new application.

7 ‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—

8 Subject to the limitations and requirements of this part,

9 a local educational agency shall have complete discretion

10 in determining how funds under this subpart shall be di11 vided among the areas of targeted assistance. In exercising

12 such discretion, a local educational agency shall ensure

13 that expenditures under this subpart carry out the pur14 poses of this subpart and are used to meet the educational

15 needs within the schools of such local educational agency.

16 ‘‘Subpart 4—General Administrative Provisions

17 ‘‘SEC. 2441. MAINTENANCE OF EFFORT; FEDERAL FUNDS

18 SUPPLEMENTARY.

19 ‘‘(a) MAINTENANCE OF EFFORT.—(1) Except as pro20 vided in paragraph (2), a State is entitled to receive its

21 full allocation of funds under this part for any fiscal year

22 if the Secretary finds that either the combined fiscal effort

23 per student or the aggregate expenditures within the State

24 with respect to the provision of free public education for

25 the preceding fiscal year was not less than 90 percent of
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•HR 6 RFS

1 such combined fiscal effort or aggregate expenditures for

2 the second preceding fiscal year.

3 ‘‘(2) The Secretary shall reduce the amount of the

4 allocation of funds under this part in any fiscal year in

5 the exact proportion to which the State fails to meet the

6 requirements of paragraph (1) by falling below 90 percent

7 of both the fiscal effort per student and aggregate expend8 itures (using the measure most favorable to the State),

9 and no such lesser amount shall be used for computing

10 the effort required under paragraph (1) for subsequent

11 years.

12 ‘‘(3) The Secretary may waive, for 1 fiscal year only,

13 the requirements of this subsection if the Secretary deter14 mines that such a waiver would be equitable due to excep15 tional or uncontrollable circumstances such as a natural

16 disaster or a precipitous and unforeseen decline in the fi17 nancial resources of the State.

18 ‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State

19 or local educational agency may use and allocate funds

20 received under this part only so as to supplement and, to

21 the extent practical, increase the level of funds that would,

22 in the absence of Federal funds made available under this

23 part, be made available from non-Federal sources, and in

24 no case may such funds be used so as to supplant funds

25 from non-Federal sources.
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•HR 6 RFS

1 ‘‘SEC. 2442. PARTICIPATION OF CHILDREN ENROLLED IN

2 PRIVATE SCHOOLS.

3 ‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—(1) To

4 the extent consistent with the number of children in the

5 school district of a local educational agency which is eligi6 ble to receive funds under this part or which serves the

7 area in which a program or project assisted under this

8 part is located who are enrolled in private nonprofit ele9 mentary and secondary schools, or with respect to instruc10 tional or personnel training programs funded by the State

11 educational agency from funds reserved for State use,

12 such agency, after consultation with appropriate private

13 school officials, shall provide for the benefit of such chil14 dren in such schools secular, neutral, and nonideological

15 services, materials, and equipment, including the partici16 pation of the teachers of such children (and other edu17 cational personnel serving such children) in training pro18 grams, and the repair, minor remodeling, or construction

19 of public facilities as may be necessary for their provision

20 (consistent with subsection (c) of this section), or, if such

21 services, materials, and equipment are not feasible or nec22 essary in one or more such private schools as determined

23 by the local educational agency after consultation with the

24 appropriate private school officials, shall provide such

25 other arrangements as will assure equitable participation

26 of such children in the purposes and benefits of this part.
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•HR 6 RFS

1 ‘‘(2) If no program or project is carried out under

2 subsection (a)(1) of this section in the school district of

3 a local educational agency, the State educational agency

4 shall make arrangements, such as through contracts with

5 nonprofit agencies or organizations, under which children

6 in private schools in that district are provided with serv7 ices and materials to the extent that would have occurred

8 if the local educational agency had received funds under

9 this part.

10 ‘‘(3) The requirements of this section relating to the

11 participation of children, teachers, and other personnel

12 serving such children shall apply to programs and projects

13 carried out under this part by a State or local educational

14 agency, whether directly or through grants to or contracts

15 with other public or private agencies, institutions, or orga16 nizations.

17 ‘‘(b) EQUAL EXPENDITURES.—Expenditures for pro18 grams pursuant to subsection (a) shall be equal (consist19 ent with the number of children to be served) to expendi20 tures for programs under this part for children enrolled

21 in the public schools of the local educational agency, tak22 ing into account the needs of the individual children and

23 other factors which relate to such expenditures, and when

24 funds available to a local educational agency under this

25 part are used to concentrate programs or projects on a
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•HR 6 RFS

1 particular group, attendance area, or grade or age level,

2 children enrolled in private schools who are included with3 in the group, attendance area, or grade or age level se4 lected for such concentration shall, after consultation with

5 the appropriate private school officials, be assured equi6 table participation in the purposes and benefits of such

7 programs or projects.

8 ‘‘(c) FUNDS.—(1) The control of funds provided

9 under this part, and title to materials, equipment, and

10 property repaired, remodeled, or constructed therewith,

11 shall be in a public agency for the uses and purposes pro12 vided in this part, and a public agency shall administer

13 such funds and property.

14 ‘‘(2) The provision of services pursuant to this section

15 shall be provided by employees of a public agency or

16 through contract by such public agency with a person, an

17 association, agency, or corporation who or which, in the

18 provision of such services, is independent of such private

19 school and of any religious organizations, and such em20 ployment or contract shall be under the control and super21 vision of such public agency, and the funds provided under

22 this part shall not be commingled with State or local

23 funds.

24 ‘‘(d) STATE PROHIBITION WAIVER.—If by reason of

25 any provision of law a State or local educational agency
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•HR 6 RFS

1 is prohibited from providing for the participation in pro2 grams of children enrolled in private elementary and sec3 ondary schools, as required by this section, the Secretary

4 shall waive such requirements and shall arrange for the

5 provision of services to such children through arrange6 ments which shall be subject to the requirements of this

7 section.

8 ‘‘(e) WAIVER AND PROVISION OF SERVICES.—(1) If

9 the Secretary determines that a State or a local edu10 cational agency has substantially failed or is unwilling to

11 provide for the participation on an equitable basis of chil12 dren enrolled in private elementary and secondary schools

13 as required by this section, the Secretary may waive such

14 requirements and shall arrange for the provision of serv15 ices to such children through arrangements which shall be

16 subject to the requirements of this section.

17 ‘‘(2) Pending final resolution of any investigation or

18 complaint that could result in a determination under this

19 subsection or subsection (d), the Secretary may withhold

20 from the allocation of the affected State or local edu21 cational agency the amount estimated by the Secretary to

22 be necessary to pay the cost of those services.

23 ‘‘(f) DETERMINATION.—Any determination by the

24 Secretary under this section shall continue in effect until

25 the Secretary determines that there will no longer be any
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•HR 6 RFS

1 failure or inability on the part of the State or local edu2 cational agency to meet the requirements of subsections

3 (a) and (b).

4 ‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When

5 the Secretary arranges for services pursuant to this sec6 tion, the Secretary shall, after consultation with the ap7 propriate public and private school officials, pay the cost

8 of such services, including the administrative costs of ar9 ranging for those services, from the appropriate allotment

10 of the State under this part.

11 ‘‘(h) REVIEW.—(1) The Secretary shall not take any

12 final action under this section until the State educational

13 agency and the local educational agency affected by such

14 action have had an opportunity, for at least 45 days after

15 receiving written notice thereof, to submit written objec16 tions and to appear before the Secretary or the Secretary’s

17 designee to show cause why that action should not be

18 taken.

19 ‘‘(2) If a State or local educational agency is dissatis20 fied with the Secretary’s final action after a proceeding

21 under paragraph (1) of this subsection, it may, within 60

22 days after notice of such action, file with the United States

23 court of appeals for the circuit in which such State is lo24 cated a petition for review of that action. A copy of the

25 petition shall be forthwith transmitted by the clerk of the
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•HR 6 RFS

1 court to the Secretary. The Secretary thereupon shall file

2 in the court the record of the proceedings on which the

3 Secretary based this action, as provided in section 2112

4 of title 28, United States Code.

5 ‘‘(3) The findings of fact by the Secretary, if sup6 ported by substantial evidence, shall be conclusive; but the

7 court, for good cause shown, may remand the case to the

8 Secretary to take further evidence and the Secretary may

9 thereupon make new or modified findings of fact and may

10 modify the Secretary’s previous action, and shall file in

11 the court the record of the further proceedings. Such new

12 or modified findings of fact shall likewise be conclusive if

13 supported by substantial evidence.

14 ‘‘(4) Upon the filing of such petition, the court shall

15 have jurisdiction to affirm the action of the Secretary or

16 to set it aside, in whole or in part. The judgment of the

17 court shall be subject to review by the Supreme Court of

18 the United States upon certiorari or certification as pro19 vided in section 1254 of title 28, United States Code.

20 ‘‘(i) PRIOR DETERMINATION.—Any bypass deter21 mination by the Secretary under chapter 2 of the Edu22 cation Consolidation and Improvement Act of 1981 shall,

23 to the extent consistent with the purposes of this chapter,

24 apply to programs under this chapter.
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1 ‘‘SEC. 2443. EVALUATIONS AND REPORTING.

2 ‘‘(a) LOCAL EDUCATIONAL AGENCIES.—A local edu3 cational agency which receives financial assistance under

4 this part shall report annually to the State educational

5 agency on the use of funds under section 2431. Such re6 porting shall be carried out in a manner which minimizes

7 the amount of paperwork required while providing the

8 State educational agency with the necessary information

9 under the preceding sentence. Such report shall be made

10 available to the public.

11 ‘‘(b) STATE EDUCATIONAL AGENCIES.—A State edu12 cational agency which receives financial assistance under

13 this part shall evaluate the effectiveness of State and local

14 programs under this part in accordance with section

15 2423(a)(2)(B). That evaluation shall be submitted for re16 view and comment by the State advisory committee and

17 shall be made available to the public. The State edu18 cational agency shall submit to the Secretary a copy of

19 the evaluation and a summary of the reports under sub20 section (a).

21 ‘‘(c) REPORTS.—(1) The Secretary, in consultation

22 with State and local educational agency representatives,

23 shall develop a model system which State educational

24 agencies may use for data collection and reporting under

25 this part.
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•HR 6 RFS

1 ‘‘(2)(A) The Secretary shall submit annually a report

2 to the Congress for the use of funds, the types of services

3 furnished, and the students served under this part.

4 ‘‘(B) The Secretary shall not later than October 1,

5 1998, submit a report to the Congress summarizing eval6 uations under subsection (b) in order to provide a national

7 overview of the uses of funds and effectiveness of pro8 grams under this part.

9 ‘‘SEC. 2444. FEDERAL ADMINISTRATION.

10 ‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon

11 request, shall provide technical assistance to State and

12 local educational agencies under this part.

13 ‘‘(b) RULEMAKING.—The Secretary shall issue regu14 lations under this part only to the extent that such regula15 tions are necessary to ensure that there is compliance with

16 the specific requirements and assurances required by this

17 part.

18 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwith19 standing any other provision of law, unless expressly in

20 limitation of this subsection, funds appropriated in any

21 fiscal year to carry out activities under this part shall be22 come available for obligation on July 1 of such fiscal year

23 and shall remain available for obligation until the end of

24 the subsequent fiscal year.
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1 ‘‘SEC. 2445. APPLICATION OF GENERAL EDUCATION PROVI2 SIONS ACT.

3 ‘‘(a) GENERAL RULE.—Except as otherwise specifi4 cally provided by this section, the General Education Pro5 visions Act shall apply to the programs authorized by this

6 part.

7 ‘‘(b) APPLICABILITY.—The following provisions of

8 the General Education Provisions Act shall be superseded

9 by the specified provisions of this part with respect to the

10 programs authorized by this part:

11 ‘‘(1) Section 410(a)(1) of the General Edu12 cation Provisions Act is superseded by section

13 2254(b) of this part.

14 ‘‘(2) Section 433(a) of such Act is superseded

15 by section 2454(a) of this part.

16 ‘‘(3) Section 436 of such Act is superseded by

17 sections 2223 and 2233 of this part.

18 ‘‘(c) SPECIAL RULE.—Sections 440, 441, and 442 of

19 the General Education Provisions Act, except to the extent

20 that such sections relate to fiscal control and fund ac21 counting procedures, may not apply to the programs au22 thorized by this part and shall not be construed to author23 ize the Secretary to require any reports or take any ac24 tions not specifically authorized by this part.
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1 ‘‘PART F—21ST CENTURY COMMUNITY LEARNING

2 CENTERS

3 ‘‘SEC. 2451. FINDINGS.

4 ‘‘The Congress finds that—

5 ‘‘(1) a local public school often serves as a cen6 ter for the delivery of education and human re7 sources for all members of a community;

8 ‘‘(2) public schools, primarily in rural and inner

9 city communities, should collaborate with other pub10 lic and nonprofit agencies and organizations, local

11 businesses, educational entities (such as vocational

12 and adult education programs, school to work pro13 grams, community colleges, and universities), rec14 reational, cultural, and other community and human

15 service entities for the purpose of meeting the needs

16 and expanding the opportunities available to the

17 residents of the communities served by such schools;

18 and

19 ‘‘(3) by using school facilities, equipment, and

20 resources, communities can promote a more efficient

21 use of public education facilities, especially in rural

22 and inner city areas where limited financial re23 sources have enhanced the necessity for local public

24 schools to become social service centers.
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•HR 6 RFS

1 ‘‘SEC. 2452. PROGRAM AUTHORIZATION AND DISTRIBUTION.

2 ‘‘(a) GRANTS BY THE SECRETARY.—The Secretary is

3 authorized in accordance with the provisions of this sub4 section to make grants to rural and inner city schools or

5 consortia thereof to plan, implement, or expand projects

6 that benefit the educational, health, social service, cul7 tural, and recreational needs of a rural or inner city

8 community. No school or consortia thereof shall receive

9 a grant award of less than $50,000 in each fiscal year,

10 and such grant projects shall not exceed a 3-year period.

11 ‘‘(b) APPLICATION.—To be eligible to receive funds

12 under this section, a school or consortia thereof shall sub13 mit an application to the Secretary of Education at such

14 time and in such manner as the Secretary may reasonably

15 prescribe, that shall include—

16 ‘‘(1) a comprehensive local plan that enables

17 such school to serve as a center for the delivery of

18 education and human resources for members of a

19 community; and

20 ‘‘(2) an initial evaluation of needs, available re21 sources, and goals and objectives for the proposed

22 community education program to determine pro23 grams that will be developed to address these needs:

24 ‘‘(A) A mechanism to disseminate informa25 tion in a manner that is understandable and ac26 cessible to the community.
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•HR 6 RFS

1 ‘‘(B) Identification of Federal, State, and

2 local programs to be merged or coordinated so

3 that public resources may be maximized.

4 ‘‘(C) A description of the collaborative ef5 forts of community-based organizations, related

6 public agencies, businesses, or other appropriate

7 organizations.

8 ‘‘(D) A description of how the school will

9 assist as a delivery center for existing and new

10 services, especially interactive telecommuni11 cation used for education and professional

12 training.

13 ‘‘(E) The establishment of a facility utili14 zation policy that specifically states rules and

15 regulations for building and equipment use and

16 supervision guidelines;

17 ‘‘(3) the high technology, global economy of the

18 21st century will require lifelong learning to keep

19 America’s workforce competitive and successful, local

20 public schools should provide centers for lifelong

21 learning and educational opportunities for individ22 uals of all ages; and

23 ‘‘(4) 21st Century Community Learning Cen24 ters enable the entire community to develop an edu-
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•HR 6 RFS

1 cation strategy that addresses the educational needs

2 of all members of local communities.

3 ‘‘(c) PRIORITY.—The Secretary shall give priority to

4 applications that offer a broad selection of services that

5 address the needs of the community.

6 ‘‘SEC. 2453. USES OF FUNDS.

7 ‘‘(a) AUTHORIZED PROGRAMS.—Grants awarded

8 under this section may be used to plan, implement, or ex9 pand community learning centers which shall include not

10 less than 4 of the following activities:

11 ‘‘(1) Literacy education programs.

12 ‘‘(2) Senior citizen programs.

13 ‘‘(3) Children’s day care services.

14 ‘‘(4) Integrated education, health, social service,

15 recreational, or cultural programs.

16 ‘‘(5) Summer and weekend school programs in

17 conjunction with recreation programs.

18 ‘‘(6) Nutrition, health, and/or physical therapy.

19 ‘‘(7) Expanded library service hours to serve

20 community needs.

21 ‘‘(8) Telecommunications and technology edu22 cation programs for all ages.

23 ‘‘(9) Parenting skills education programs.

24 ‘‘(10) Support and training for child day care

25 providers.
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•HR 6 RFS

1 ‘‘(11) Employment counseling, training, and

2 placement.

3 ‘‘(12) Services for students who withdraw from

4 school before graduating high school, regardless of

5 age.

6 ‘‘(13) Services for individuals who are either

7 physically or mentally challenged.

8 ‘‘SEC. 2454. AWARD OF GRANTS.

9 ‘‘(a) IN GENERAL.—In approving grants under this

10 section, the Secretary shall assure an equitable distribu11 tion of assistance among the States, among urban and

12 rural areas of the United States, and among urban and

13 rural areas of a State.

14 ‘‘(b) GRANT PERIOD.—Grants may be awarded for

15 a period not to exceed 3 years.

16 ‘‘SEC. 2455. DEFINITIONS.

17 ‘‘(a) The term ‘Community Learning Center’ means

18 the provision of educational, recreational, health, and so19 cial service programs for residents of all ages of a local

20 community in public school buildings, primarily in rural

21 and inner city areas, operated by the local educational

22 agency in conjunction with local governmental agencies,

23 businesses, vocational education programs, community col24 leges, universities, and cultural, recreational, and other

25 community and human service entities.
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•HR 6 RFS

1 ‘‘(b) The term ‘Secretary’ means the Secretary of

2 Education.

3 ‘‘SEC. 2456. AUTHORIZATION OF APPROPRIATIONS.

4 ‘‘There are authorized to be appropriated

5 $25,000,000 for fiscal year 1995 and such sums as may

6 be necessary for each of the fiscal years 1996–1999.

7 ‘‘TITLE III—EXPANDING

8 OPPORTUNITIES FOR LEARNING

9 ‘‘PART A—FUND FOR THE IMPROVEMENT OF

10 EDUCATION

11 ‘‘SEC. 3201. FUND FOR THE IMPROVEMENT OF EDUCATION.

12 ‘‘(a) FUND AUTHORIZED.—From funds appropriated

13 under subsection (d), the Secretary is authorized to sup14 port nationally significant programs and projects to im15 prove the quality of education, assist all students to meet

16 challenging standards, and contribute to the achievement

17 of the National Education Goals. The Secretary is author18 ized to carry out such programs and projects directly or

19 through grants to, or contracts with, State and local edu20 cational agencies, institutions of higher education, and

21 other public and private agencies, organizations, and

22 institutions.

23 ‘‘(b) USES OF FUNDS.—(1) Funds under this section

24 may be used for—
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•HR 6 RFS

1 ‘‘(A) activities that will promote systemic edu2 cational reform at the State and local levels, such

3 as—

4 ‘‘(i) research and development related to

5 content and performance standards and oppor6 tunity-to-learn standards for student learning;

7 and

8 ‘‘(ii) the development and evaluation of

9 model strategies for assessment of student

10 learning, professional development for teachers

11 and administrators, parent and community in12 volvement, and other aspects of systemic re13 form;

14 ‘‘(B) demonstrations at the State and local lev15 els that are designed to yield nationally significant

16 results, including approaches to public school choice

17 in accordance with the requirements of part C and

18 school-based decisionmaking;

19 ‘‘(C) joint activities with other agencies to as20 sist the effort to achieve the National Education

21 Goals, including activities related to improving the

22 transition from preschool to school and from school

23 to work, as well as activities related to the integra24 tion of education and health and social services;
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•HR 6 RFS

1 ‘‘(D) activities to promote and evaluate counsel2 ing and mentoring for students, including

3 intergenerational mentoring;

4 ‘‘(E) activities to promote comprehensive health

5 education;

6 ‘‘(F) activities to promote environmental edu7 cation;

8 ‘‘(G) activities to promote consumer, economic,

9 and personal finance education;

10 ‘‘(H) activities to assist students to dem11 onstrate competence in foreign languages;

12 ‘‘(I) studies and evaluation of various edu13 cational reform strategies and innovations being pur14 sued by the Federal Government, States, and local

15 educational agencies;

16 ‘‘(J) the identification and recognition of exem17 plary schools and programs, such as Blue Ribbon

18 Schools;

19 ‘‘(K) programs designed to promote gender eq20 uity in education by evaluating and eliminating gen21 der bias in instruction and educational materials,

22 identifying, and analyzing gender inequities in edu23 cational practices, and implementing and evaluating

24 educational policies and practices designed to

25 achieve gender equity;
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1 ‘‘(L) programs designed to reduce excessive stu2 dent mobility, retain students who move within a

3 school district at the same school, educate parents

4 about the effect of mobility on a child’s education

5 and encourage parents to participate in school activi6 ties;

7 ‘‘(M) experiential-based learning, such as serv8 ice-learning;

9 ‘‘(N) the development and expansion of public10 private partnership programs which extend the

11 learning experience, via computers, beyond the class12 room environment into student homes; and

13 ‘‘(O) other programs and projects that meet the

14 purposes of this section.

15 ‘‘(2) (A) Funds may also be used to establish a Na16 tional Center for Second Language Development.

17 ‘‘(B) COMPOSITION.—The Center may include rep18 resentation from—

19 ‘‘(i) a principle Federal language training insti20 tution that has expertise in translation and interpre21 tation with responsibility for foreign language in22 struction of military, foreign service officers and

23 other Federal personnel; and

24 ‘‘(ii) other public, government and private enti25 ties with expertise in the education and training of
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1 second language curricula, as determined necessary

2 by the Secretary.

3 ‘‘(C) MISSION.—The Center may—

4 ‘‘(i) assess the economic and social benefits of

5 second language capabilities for the population of

6 the United States;

7 ‘‘(ii) make recommendations to the Secretary of

8 the most appropriate means of increasing wide9 spread second language capabilities in the United

10 States; and

11 ‘‘(iii) effectuate a greater second language capa12 bility within the United States through activities

13 that include: developing and implementing model

14 programs for children, college students and adults;

15 conducting research on effective ways to teach sec16 ond languages; developing teacher training pro17 grams; and developing teaching materials.

18 ‘‘(3) The Secretary may also use funds under this

19 section to complete the project periods for direct grants

20 or contracts awarded under the provisions of the Elemen21 tary and Secondary Education Act of 1965, part B of title

22 III of the Augustus F. Hawkins-Robert T. Stafford Ele23 mentary and Secondary School Improvement Amendments

24 of 1988, or title III of the Education for Economic Secu25 rity Act, as these Acts were in effect on the day before
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1 enactment of the Improving America’s Schools Act of

2 1994.

3 ‘‘(c) AWARDS.—(1) The Secretary may make awards

4 under this section on the basis of competitions announced

5 by the Secretary and may also support meritorious unso6 licited proposals.

7 ‘‘(2) The Secretary shall ensure that projects and ac8 tivities supported under this section are designed in such

9 a way that their effectiveness may be readily determined.

10 ‘‘(3) The Secretary shall use a peer review process

11 in reviewing applications for grants under this section and

12 may use funds appropriated under subsection (d) for this

13 purpose.

14 ‘‘(d) AUTHORIZATION.—For the purpose of carrying

15 out this section, there are authorized to be appropriated

16 $35,000,000 for fiscal year 1995 and such sums as may

17 be necessary for each of the fiscal years 1996, 1997, 1998,

18 and 1999.

19 ‘‘PART B—GIFTED AND TALENTED CHILDREN

20 ‘‘SEC. 3301. SHORT TITLE.

21 ‘‘This part may be cited as the ‘Jacob K. Javits Gift22 ed and Talented Students Education Act of 1994’.

23 ‘‘SEC. 3302. FINDINGS AND PURPOSES.

24 ‘‘(a) FINDINGS.—The Congress finds and declares

25 that—
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1 ‘‘(1) all students can learn to high standards

2 and must develop their talents and realize their po3 tential if the United States is to prosper;

4 ‘‘(2) gifted and talented students are a national

5 resource vital to the future of the Nation and its se6 curity and well-being;

7 ‘‘(3) too often schools fail to challenge students

8 to do their best work, and students who are not

9 challenged will not learn to high standards, fully de10 velop their talents, and realize their potential;

11 ‘‘(4) unless the special abilities of gifted and

12 talented students are recognized and developed dur13 ing their elementary and secondary school years,

14 much of their special potential for contributing to

15 the national interest is likely to be lost;

16 ‘‘(5) gifted and talented students from economi17 cally disadvantaged families and areas, and students

18 of limited English proficiency are at greatest risk of

19 being unrecognized and of not being provided ade20 quate or appropriate educational services;

21 ‘‘(6) State and local educational agencies and

22 private nonprofit schools often lack the necessary

23 specialized resources to plan and implement effective
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1 programs for the early identification of gifted and

2 talented students for the provision of educational

3 services and programs appropriate to their special

4 needs;

5 ‘‘(7) the Federal Government can best carry out

6 the limited but essential role of stimulating research

7 and development and personnel training and provid8 ing a national focal point of information and tech9 nical assistance that is necessary to ensure that the

10 Nation’s schools are able to meet the special edu11 cational needs of gifted and talented students, and

12 thereby serve a profound national interest; and

13 ‘‘(8) the experience and knowledge gained in

14 developing and implementing programs for gifted

15 and talented students can and should be used as a

16 basis to develop a rich and challenging curriculum

17 for all students.

18 ‘‘(b) STATEMENT OF PURPOSE.—

19 ‘‘(1) It is the purpose of this part to provide fi20 nancial assistance to State and local educational

21 agencies, institutions of higher education, and other

22 public and private agencies and organizations, to ini23 tiate a coordinated program of research, demonstra24 tion projects, personnel training, and similar activi25 ties designed to build a nationwide capability in ele-
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1 mentary and secondary schools to meet the special

2 educational needs of gifted and talented students. In

3 addition, the purpose of this part is to encourage the

4 development of rich and challenging curricula for all

5 students through the appropriate application and ad6 aptation of materials and instructional methods de7 veloped under this part.

8 ‘‘(2) It is also the purpose of this part to sup9 plement and make more effective the expenditure of

10 State and local funds, for the education of gifted

11 and talented students.

12 ‘‘SEC. 3303. DEFINITIONS.

13 ‘‘For purposes of this part, the term ‘gifted and tal14 ented students’ means children and youth who give evi15 dence of high performance capability in areas such as in16 tellectual, creative, artistic, or leadership capacity, or in

17 specific academic fields, and who require services or activi18 ties not ordinarily provided by the school in order to fully

19 develop such capabilities.

20 ‘‘SEC. 3304. AUTHORIZED PROGRAMS.

21 ‘‘(a) ESTABLISHMENT OF PROGRAM.—

22 ‘‘(1) From the sums appropriated under section

23 3308 in any fiscal year the Secretary (after con24 sultation with experts in the field of the education

25 of gifted and talented students) shall make grants to
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1 or enter into contracts with State educational agen2 cies, local educational agencies, institutions of higher

3 education, or other public agencies and private agen4 cies and organizations (including Indian tribes and

5 organizations as defined by the Indian Self-Deter6 mination and Education Assistance Act and Hawai7 ian native organizations) to assist such agencies, in8 stitutions, and organizations which submit applica9 tions in carrying out programs or projects author10 ized by this Act that are designed to meet the edu11 cational needs of gifted and talented students, in12 cluding the training of personnel in the education of

13 gifted and talented students and in the use, where

14 appropriate, of gifted and talented services, mate15 rials, and methods for all students.

16 ‘‘(2) Applications for funds must include a sec17 tion on how the proposed gifted and talented serv18 ices, materials, and methods could be adapted, if ap19 propriate, for use by all students and a section on

20 how the proposed programs can be evaluated.

21 ‘‘(b) USES OF FUNDS.—Programs and projects as22 sisted under this section may include—

23 ‘‘(1) professional development (including fellow24 ships) for personnel (including leadership personnel)
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1 involved in the education of gifted and talented

2 students;

3 ‘‘(2) establishment and operation of model

4 projects and exemplary programs for serving gifted

5 and talented students, including innovative methods

6 for identifying and educating students who may not

7 be served by traditional gifted and talented pro8 grams, summer programs, mentoring programs,

9 service learning programs, and cooperative programs

10 involving business, industry, and education;

11 ‘‘(3) training of personnel involved in gifted and

12 talented programs with respect to the impact of gen13 der role socialization on the educational needs of

14 gifted and talented children and in gender equitable

15 education methods, techniques, and practices;

16 ‘‘(4) strengthening the capability of State edu17 cational agencies and institutions of higher edu18 cation to provide leadership and assistance to local

19 educational agencies and nonprofit private schools in

20 the planning, operation, and improvement of pro21 grams for the identification and education of gifted

22 and talented students and the appropriate use of

23 gifted and talented programs and methods to serve

24 all students;
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1 ‘‘(5) programs of technical assistance and infor2 mation dissemination which would include how gift3 ed and talented programs and methods, where ap4 propriate, could be adapted for use by all students;

5 and

6 ‘‘(6) carrying out—

7 ‘‘(A) research on methods and techniques

8 for identifying and teaching gifted and talented

9 students, and for using gifted and talented pro10 grams and methods to serve all students; and

11 ‘‘(B) program evaluations, surveys, and the

12 collection, analysis, and development of infor13 mation needed to accomplish the purposes of

14 this part.

15 ‘‘(c) ESTABLISHMENT OF NATIONAL CENTER.—

16 ‘‘(1) The Secretary (after consultation with ex17 perts in the field of the education of gifted and tal18 ented students) shall establish a National Center for

19 Research and Development in the Education of Gift20 ed and Talented Children and Youth through grants

21 to or contracts with one or more institutions of high22 er education or State educational agencies, or a com23 bination or consortium of such institutions and

24 agencies, for the purpose of carrying out activities

25 described in paragraph (5) of subsection (b).
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1 ‘‘(2) Such National Center shall have a Direc2 tor. The Secretary may authorize the Director to

3 carry out such functions of the National Center as

4 may be agreed upon through arrangements with

5 other institutions of higher education, State or local

6 educational agencies, or other public or private agen7 cies and organizations.

8 ‘‘(d) LIMITATION.—Not more than 30 percent of the

9 funds available in any fiscal year to carry out the pro10 grams and projects authorized by this section may be used

11 to conduct activities pursuant to subsections (b)(5) or (c).

12 ‘‘(e) COORDINATION.—Research activities supported

13 under this section—

14 ‘‘(1) shall be carried out in consultation with

15 the Office of Educational Research and Improve16 ment to ensure that such activities are coordinated

17 with and enhance the research and development ac18 tivities supported by the Office; and

19 ‘‘(2) may include collaborative research activi20 ties which are jointly funded and carried out with

21 the Office of Education Research and Improvement.

22 ‘‘SEC. 3305. PROGRAM PRIORITIES.

23 ‘‘(a) GENERAL PRIORITY.—In the administration of

24 this part the Secretary shall give highest priority—
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1 ‘‘(1) to the identification of and services to gift2 ed and talented students who may not be identified

3 and served through traditional assessment methods

4 (including economically disadvantaged individuals,

5 individuals of limited-English proficiency, and indi6 viduals with disabilities; and

7 ‘‘(2) to programs and projects designed to de8 velop or improve the capability of schools in an en9 tire State or region of the Nation through coopera10 tive efforts and participation of State and local edu11 cational agencies, institutions of higher education,

12 and other public and private agencies and organiza13 tions (including business, industry, and labor), to

14 plan, conduct, and improve programs for the identi15 fication of and service to gifted and talented stu16 dents, such as mentoring and apprenticeship pro17 grams.

18 ‘‘(b) SERVICE PRIORITY.—In approving applications

19 under section 3304(a) of this part, the Secretary shall as20 sure that in each fiscal year at least one-half of the appli21 cations approved address the priority in section

22 3305(a)(1).

23 ‘‘SEC. 3306. GENERAL PROVISIONS.

24 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOL CHILDREN

25 AND TEACHERS.—In making grants and entering into
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1 contracts under this part, the Secretary shall ensure,

2 where appropriate, that provision is made for the equitable

3 participation of students and teachers in private nonprofit

4 elementary and secondary schools, including the participa5 tion of teachers and other personnel in professional devel6 opment programs for serving such children.

7 ‘‘(b) REVIEW, DISSEMINATION, AND EVALUATION.—

8 The Secretary shall—

9 ‘‘(1) use a peer review process in reviewing ap10 plications under this part;

11 ‘‘(2) ensure that information on the activities

12 and results of projects funded under this part is dis13 seminated to appropriate State and local agencies

14 and other appropriate organizations, including non15 profit private organizations; and

16 ‘‘(3) evaluate the effectiveness of programs

17 under this part, both in terms of the impact on stu18 dents traditionally served in separate gifted and tal19 ented programs and on other students, and submit

20 the results of such evaluation to Congress not later

21 than January 1, 1998.

22 ‘‘SEC. 3307. ADMINISTRATION.

23 ‘‘The Secretary shall establish or designate an admin24 istrative unit within the Department of Education—
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1 ‘‘(1) to administer the programs authorized by

2 this part;

3 ‘‘(2) to coordinate all programs for gifted and

4 talented students administered by the Department;

5 ‘‘(3) to serve as a focal point of national leader6 ship and information on the educational needs of

7 gifted and talented students and the availability of

8 educational services and programs designed to meet

9 such needs; and

10 ‘‘(4) to assist the Assistant Secretary of the Of11 fice of Educational Research and Improvement in

12 identifying research priorities which reflect the needs

13 of gifted and talented students.

14 The administrative unit established or designated pursu15 ant to this section shall be headed by a person of recog16 nized professional qualifications and experience in the field

17 of the education of gifted and talented students.

18 ‘‘SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘There are authorized to be appropriated

20 $10,000,000 for fiscal year 1995 and such sums as may

21 be necessary for each of the fiscal years 1996, 1997, 1998,

22 and 1999 to carry out the provisions of this part.
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1 ‘‘PART C—PUBLIC CHARTER SCHOOLS

2 ‘‘SEC. 3401. PURPOSE.

3 ‘‘It is the purpose of this part to increase national

4 understanding of the charter schools model by—

5 ‘‘(1) providing financial assistance for the de6 sign and initial implementation of charter schools;

7 and

8 ‘‘(2) evaluating the effects of those schools on

9 improving student achievement, including their ef10 fects on students, staff, and parents.

11 ‘‘SEC. 3402. PROGRAM AUTHORIZED.

12 ‘‘(a) GENERAL.—The Secretary may make grants to

13 eligible applicants for the design and initial operation of

14 charter schools.

15 ‘‘(b) PROJECT PERIODS.—Each such grant shall be

16 for a period of not more than three years, of which the

17 grantee may use—

18 ‘‘(1) no more than 18 months for planning and

19 program design; and

20 ‘‘(2) no more than two years for the initial im21 plementation of the charter school.

22 ‘‘(c) LIMITATION.—The Secretary shall not make

23 more than one grant to support a particular charter

24 school.
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1 ‘‘SEC. 3403. APPLICATIONS.

2 ‘‘(a) APPLICATIONS REQUIRED.—Any eligible appli3 cant that desires to receive a grant under this part shall

4 submit an application to the Secretary at such time and

5 in such manner as the Secretary may require.

6 ‘‘(b) SCOPE OF APPLICATION.—Each such applica7 tion may request assistance for a single charter school or

8 for a cluster of schools, which may include a high school

9 and its feeder elementary and middle schools, within a

10 community.

11 ‘‘(c) APPLICATION CONTENTS.—Each such applica12 tion shall include, for each charter school for which assist13 ance is sought—

14 ‘‘(1) a description of the educational program

15 to be implemented by the proposed charter school,

16 including—

17 ‘‘(A) how the program will enable all stu18 dents to meet challenging State performance

19 standards;

20 ‘‘(B) the grade levels or ages of children to

21 be served; and

22 ‘‘(C) the curriculum and instructional

23 practices to be used;

24 ‘‘(2) a description of how the school will be

25 managed;

26 ‘‘(3) a description of—
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1 ‘‘(A) the objectives of the school; and

2 ‘‘(B) the methods by which the school will

3 determine its progress toward achieving those

4 objectives;

5 ‘‘(4) a description of the administrative rela6 tionship between the charter school and the local

7 educational agency that will authorize or approve the

8 school’s charter and act as the grantee under this

9 part;

10 ‘‘(5) a description of how parents and other

11 members of the community will be involved in the

12 design and implementation of the charter school;

13 ‘‘(6) a description of how the local educational

14 agency will provide for continued operation of the

15 school once the Federal grant has expired, if such

16 agency determines that the school is successful;

17 ‘‘(7) a request and justification for waivers of

18 any Federal statutory or regulatory provisions that

19 the applicant believes are necessary for the success20 ful operation of the charter school, and a description

21 of any State or local rules, generally applicable to

22 public schools, that will be waived for, or otherwise

23 not apply to, the school;

24 ‘‘(8) a description of how the grant funds would

25 be used;
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1 ‘‘(9) a description of how grant funds would be

2 used in conjunction with other Federal programs ad3 ministered by the Secretary;

4 ‘‘(10) a description of how students in the com5 munity will be—

6 ‘‘(A) informed about the school; and

7 ‘‘(B) given an equal opportunity to attend

8 the school;

9 ‘‘(11) an assurance that the applicant will an10 nually provide the Secretary such information as the

11 Secretary may require to determine if the charter

12 school is making satisfactory progress toward achiev13 ing the objectives described under paragraph (3);

14 ‘‘(12) an assurance that the applicant will co15 operate with the Secretary in evaluating the pro16 gram authorized by this part; and

17 ‘‘(13) such other information and assurances as

18 the Secretary may require.

19 ‘‘(d) STATE EDUCATIONAL AGENCY APPROVAL RE20 QUIRED.—(1) A local educational agency that desires to

21 receive a grant under this part shall obtain the State edu22 cational agency’s approval of its application before submit23 ting it to the Secretary.

24 ‘‘(2) A State educational agency that approves an ap25 plication of a local educational agency shall provide the
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•HR 6 RFS

1 local educational agency, and such local agency shall in2 clude in its application to the Secretary, a statement that

3 the State has granted, or will grant, the waivers and ex4 emptions from State requirements described in such local

5 agency’s application.

6 ‘‘SEC. 3404. SELECTION OF GRANTEES; WAIVERS.

7 ‘‘(a) CRITERIA.—The Secretary shall select projects

8 to be funded on the basis of the quality of the applications,

9 taking into consideration such factors as—

10 ‘‘(1) the quality of the proposed curriculum and

11 instructional practices;

12 ‘‘(2) the degree of flexibility afforded by the

13 State and, if applicable, the local educational agency

14 to the school;

15 ‘‘(3) the extent of community support for the

16 application;

17 ‘‘(4) the ambitiousness of the objectives for the

18 school;

19 ‘‘(5) the quality of the plan for assessing

20 achievement of those objectives; and

21 ‘‘(6) the likelihood that the school will meet

22 those objectives and improve educational results for

23 students.
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•HR 6 RFS

1 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

2 review process to review applications for grants under this

3 section.

4 ‘‘(c) DIVERSITY OF PROJECTS.—The Secretary may

5 approve projects in a manner that ensures, to the extent

6 possible, that they—

7 ‘‘(1) are distributed throughout different areas

8 of the Nation, including in urban and rural areas;

9 and

10 ‘‘(2) represent a variety of educational ap11 proaches.

12 ‘‘(d) WAIVERS.—The Secretary may waive any statu13 tory or regulatory requirement that the Secretary is re14 sponsible for enforcing, except for any such requirement

15 relating to the elements of a charter school described in

16 section 3407(1), if—

17 ‘‘(1) the waiver is requested in an approved ap18 plication or by a grantee under this part; and

19 ‘‘(2) the Secretary determines that granting

20 such a waiver would promote the purpose of this

21 part.

22 ‘‘SEC. 3405. USES OF FUNDS.

23 ‘‘A recipient of a grant under this part may use the

24 grant funds only for—
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1 ‘‘(1) post-award planning and design of the

2 educational program, which may include—

3 ‘‘(A) refinement of the desired educational

4 results and of the methods for measuring

5 progress toward achieving those results; and

6 ‘‘(B) professional development of teachers

7 and other staff who will work in the charter

8 school; and

9 ‘‘(2) initial implementation of the charter

10 school, which may include—

11 ‘‘(A) informing the community about the

12 school;

13 ‘‘(B) acquiring necessary equipment;

14 ‘‘(C) acquiring or developing curriculum

15 materials; and

16 ‘‘(D) other operational costs that cannot

17 be met from State or local sources.

18 ‘‘SEC. 3406. NATIONAL ACTIVITIES.

19 ‘‘The Secretary may reserve up to 10 percent of the

20 funds appropriated for this part for any fiscal year for—

21 ‘‘(1) peer review of applications under section

22 3404(b); and

23 ‘‘(2) an evaluation of the impact of charter

24 schools on student achievement, including those as25 sisted under this part.
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1 ‘‘SEC. 3407. DEFINITIONS.

2 ‘‘As used in this part, the following terms have the

3 following meanings:

4 ‘‘(1) The term ‘charter school’ means a school

5 that—

6 ‘‘(A) in accordance with an enabling State

7 statute, is exempted from significant State or

8 local rules that inhibit the flexible operation

9 and management of public schools, but not

10 from any rules relating to the other require11 ments of this paragraph;

12 ‘‘(B) is created by a developer as a public

13 school, or is adapted by a developer from an ex14 isting public school;

15 ‘‘(C) operates in pursuit of a specific set of

16 educational objectives determined by the

17 school’s developer and agreed to by the local

18 educational agency applying for a grant on be19 half of the school;

20 ‘‘(D) provides a program of elementary or

21 secondary education, or both;

22 ‘‘(E) is nonsectarian in its programs, ad23 missions policies, employment practices, and all

24 other operations, and is not affiliated with a

25 sectarian school or religious institution;

26 ‘‘(F) does not charge tuition;
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1 ‘‘(G) complies with the Age Discrimination

2 Act, title VI of the Civil Rights Act of 1964,

3 title IX of the Education Amendments of 1972,

4 section 504 of the Rehabilitation Act of 1973,

5 and part B of the Individuals with Disabilities

6 Education Act;

7 ‘‘(H) admits students on the basis of a lot8 tery, if more students apply for admission than

9 can be accommodated;

10 ‘‘(I) agrees to comply with the same Fed11 eral and State audit requirements as do other

12 public schools in the State, unless such require13 ments are specifically waived for the purpose of

14 this program;

15 ‘‘(J) meets all applicable Federal, State,

16 and local health and safety requirements; and

17 ‘‘(K) operates in accordance with State

18 law.

19 ‘‘(2) The term ‘developer’ means an individual

20 or group of individuals (including a public or private

21 nonprofit organization), which may include teachers,

22 administrators and other school staff, parents, or

23 other members of the local community in which a

24 charter school project will be carried out.
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1 ‘‘(3) The term ‘eligible applicant’ means a local

2 educational agency, in partnership with a developer

3 with an application approved under section 3403(d).

4 ‘‘SEC. 3408. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘For the purpose of carrying out this part, there are

6 authorized to be appropriated $15,000,000 for fiscal year

7 1995 and such sums as may be necessary for each of the

8 fiscal years 1996, 1997, 1998, and 1999.

9 ‘‘PART D—ARTS IN EDUCATION

10 ‘‘Subpart 1—Support for Arts Education

11 ‘‘SEC. 3501. SUPPORT FOR ARTS EDUCATION.

12 ‘‘(a) FINDINGS.—The Congress finds that—

13 ‘‘(1) the arts are forms of understanding and

14 ways of knowing that are fundamentally important

15 to education;

16 ‘‘(2) the arts are important to excellent edu17 cation and to effective school reform;

18 ‘‘(3) the most significant contribution of the

19 arts to education reform is the transformation of

20 teaching and learning;

21 ‘‘(4) this transformation is best realized in the

22 context of comprehensive, systemic education reform;

23 ‘‘(5) demonstrated competency in the arts for

24 American students is among the National Education

25 Goals;
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1 ‘‘(6) the arts can motivate at-risk students to

2 stay in school and become active participants in the

3 educational process; and

4 ‘‘(7) arts education should be an integral part

5 of the elementary and secondary school curriculum.

6 ‘‘(b) PURPOSE. The purposes of this part are to—

7 ‘‘(1) support systemic education reform by

8 strengthening arts education as an integral part of

9 the elementary and secondary school curriculum;

10 ‘‘(2) help ensure that all students have the op11 portunity to learn to challenging standards in the

12 arts; and

13 ‘‘(3) support the national effort to enable all

14 students to demonstrate competence in the arts in

15 accordance with the National Education Goals.

16 ‘‘(c) ELIGIBLE RECIPIENTS.—In order to carry out

17 the purposes of this part, the Secretary is authorized to

18 make grants to, or enter into contracts or cooperative

19 agreements with—

20 ‘‘(1) State educational agencies;

21 ‘‘(2) local educational agencies;

22 ‘‘(3) institutions of higher education; and

23 ‘‘(4) other public and private agencies, institu24 tions, and organizations.
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1 ‘‘(d) AUTHORIZED ACTIVITIES.—Funds under this

2 part may be used for—

3 ‘‘(1) research on arts education;

4 ‘‘(2) the development of, and dissemination of

5 information about, model arts education programs;

6 ‘‘(3) the development of model arts education

7 assessments based on high standards;

8 ‘‘(4) the development and implementation of

9 curriculum frameworks for arts education;

10 ‘‘(5) the development of model preservice and

11 inservice professional development programs for arts

12 educators and other instructional staff;

13 ‘‘(6) supporting collaborative activities with

14 other Federal agencies or institutions involved in

15 arts education, such as the National Endowment for

16 the Arts, the Institute of Museum Services, the John

17 F. Kennedy Center for the Performing Arts, and the

18 National Gallery of Art;

19 ‘‘(7) supporting model projects and programs in

20 the performing arts for children and youth through

21 arrangements made with the John F. Kennedy Cen22 ter for the Performing Arts;

23 ‘‘(8) supporting model projects and programs in

24 the arts for individuals with disabilities through ar-
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•HR 6 RFS

1 rangements with the organization, Very Special

2 Arts;

3 ‘‘(9) supporting model projects and programs to

4 integrate arts education into the regular elementary

5 and secondary school curriculum; and

6 ‘‘(10) other activities that further the purposes

7 of this part.

8 ‘‘(e) COORDINATION.—(1) A recipient of funds under

9 this part shall, to the extent possible, coordinate its project

10 with appropriate activities of public and private cultural

11 agencies, institutions, and organizations, including muse12 ums, arts education associations, libraries, and theaters.

13 ‘‘(2) In carrying out this part, the Secretary shall co14 ordinate with the National Endowment for the Arts, the

15 Institute of Museum Services, the John F. Kennedy Cen16 ter for the Performing Arts, and the National Gallery of

17 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 Na11 tional Endowment for the Arts;

12 ‘‘(3) the arts access multiple human

13 intelligences 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

18 than 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

21 educational performance and future potential of at-risk

22 children and youth by providing comprehensive and co23 ordinated 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 Fed-
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1 eral share of the costs of the activities described in

2 subsection (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

7 services;

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

19 from preschool programs, including the Head

20 Start Act and preschool grants under the Indi21 viduals with Disabilities Education Act, to ele22 mentary schools;

23 ‘‘(G) facilitate school-to-work transition

24 from secondary schools and alternative schools
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•HR 6 RFS

1 to job training, higher education, and employ2 ment;

3 ‘‘(H) increase parental and community in4 volvement in the educational, social, and cul5 tural development of at-risk youth; or

6 ‘‘(I) replicate programs and strategies that

7 provide high quality coordinated educational

8 and cultural services and that are designed to

9 integrate such coordination into the regular

10 curriculum.

11 ‘‘(3) REQUIREMENT OF COORDINATION.—

12 Grants may only be awarded under this part to eligi13 ble entities that agree to coordinate activities carried

14 out under other Federal, State, and local grants, re15 ceived by the members of the partnership for pur16 poses and target populations described in this part,

17 into an integrated service delivery system located at

18 a school, cultural, or other community-based site ac19 cessible to and utilized by at-risk youth.

20 ‘‘(4) DURATION.—Grants made under this part

21 may be renewable for a maximum of 5 years if the

22 Secretary determines that the eligible recipient has

23 made satisfactory progress toward the achievement

24 of the program objectives described in application.
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1 ‘‘(5) GEOGRAPHIC DISTRIBUTION.—In awarding

2 grants under this part, the Secretary shall ensure—

3 ‘‘(A) an equitable geographic distribution;

4 and

5 ‘‘(B) an equitable distribution to both

6 urban and rural areas with a high proportion of

7 at-risk youth as defined in subsection (e).

8 ‘‘(d) ELIGIBILITY.—

9 ‘‘(1) SERVICES FOR IN-SCHOOL YOUTH.—For

10 the purpose of providing a grant under this part to

11 serve in-school children and youth, the term ‘eligible

12 entity’ means a partnership between a local edu13 cation agency that is eligible for funds under title I

14 of this Act, and at least 1 institution of higher edu15 cation or cultural entity located within or accessible

16 to the geographical boundaries of the local education

17 agency with a history of providing quality services to

18 the community, and which may include—

19 ‘‘(A) nonprofit institutions of higher edu20 cation; museums; libraries; performing, present21 ing and exhibiting arts organizations; literary

22 arts organizations; local arts organizations; and

23 zoological and botanical organizations; and

24 ‘‘(B) private for-profit entities with a his25 tory of training children and youth in the arts.
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•HR 6 RFS

1 ‘‘(2) SERVICES FOR OUT-OF-SCHOOL YOUTH.—

2 For purposes of providing a grant under this part to

3 serve out-of-school youth, the term ‘eligible entity’

4 means a partnership between at least 1 entity of the

5 type described in paragraph (A) or (B) of subsection

6 (1), or a local education agency eligible for funds

7 under title I of this Act and at least 1 cultural entity

8 described in subsection (1).

9 ‘‘(e) TARGET POPULATION.—In order to receive a

10 grant under this part, an eligible entity shall serve—

11 ‘‘(1) students enrolled in schools in participat12 ing schoolwide projects assisted under title I of this

13 Act and the families of such students; or

14 ‘‘(2) out-of-school youth at risk of having lim15 ited future options as a result of teenage pregnancy

16 and parenting, substance abuse, recent migration,

17 disability, limited English proficiency, family migra18 tion, illiteracy, being the child of a teen parent, liv19 ing in a single parent household, or being a high

20 school dropout; or

21 ‘‘(3) any combination of in school and out-of22 school at-risk youth.

23 ‘‘(f) AUTHORIZED ACTIVITIES.—

24 ‘‘(1) IN GENERAL.—Funds made under this

25 part may be used—
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•HR 6 RFS

1 ‘‘(A) to plan, develop, acquire, expand, and

2 improve school-based or community-based co3 ordinated educational and cultural programs to

4 strengthen the educational performance and fu5 ture potential of in-school and out-of-school at6 risk youth through cooperative agreements, con7 tracts for services, or administrative coordina8 tion;

9 ‘‘(B) to provide at-risk students with inte10 grated cultural activities designed to develop a

11 love of learning to ensure the smooth transition

12 of preschool children to elementary school;

13 ‘‘(C) to design collaborative cultural activi14 ties for students in secondary or alternative

15 schools that ensure the smooth transition to job

16 training, higher education, or full employment;

17 ‘‘(D) to provide child care for children of

18 at-risk students who would not otherwise be

19 able to participate in the program;

20 ‘‘(E) to provide transportation necessary

21 for participation in the program;

22 ‘‘(F) to work with existing school personnel

23 to develop curriculum materials and programs

24 in the arts;
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•HR 6 RFS

1 ‘‘(G) to work with existing school person2 nel on staff development activities that encour3 age the integration of the arts into the curricu4 lum;

5 ‘‘(H) for stipends that allow local artists to

6 work with at-risk children and youth in the

7 schools;

8 ‘‘(I) for cultural programs that encourage

9 the active participation of parents in their chil10 dren’s education;

11 ‘‘(J) for programs that use the art reform

12 current school practices, including lengthening

13 the school day or academic year;

14 ‘‘(K) for appropriate equipment and nec15 essary supplies; and

16 ‘‘(L) for evaluation, administration, and

17 supervision.

18 ‘‘(2) PRIORITY.—In providing assistance under

19 this part, the Secretary shall give priority to eligible

20 entities that provide comprehensive services that ex21 tend beyond traditional school or service hour, that

22 may include year round programs that provide serv23 ices in the evenings and on weekends.

24 ‘‘(3) PLANNING GRANTS.—
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•HR 6 RFS

1 ‘‘(A) APPLICATION.—An eligible entity

2 may submit an application to the Secretary for

3 a planning grant for an amount not to exceed

4 $50,000. Such grants shall be for periods of not

5 more than 1 year.

6 ‘‘(B) LIMIT ON PLANNING GRANTS.—Not

7 more than 10 percent of the amounts appro8 priated in each fiscal year under this part shall

9 be used for grants under this subsection, and

10 an eligible entity may receive not more than 1

11 such planning grant.

12 ‘‘(g) GENERAL PROVISIONS.—

13 ‘‘(1) IN GENERAL.—Each eligible entity desir14 ing a grant under this part shall submit an applica15 tion to the Secretary at such time, in such manner,

16 and accompanied by such information as the Sec17 retary may reasonably require.

18 ‘‘(2) CONTENTS.—Each application submitted

19 pursuant to subsection (a) shall—

20 ‘‘(A) describe the cultural entity or entities

21 that will participate in the partnership;

22 ‘‘(B) describe the target population to be

23 served;

24 ‘‘(C) describe the services to be provided;
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1 ‘‘(D) describe a plan for evaluating the

2 success of the program;

3 ‘‘(E) describe, for a local educational agen4 cy participant, how services will be perpetuated

5 beyond the length of the grant;

6 ‘‘(F) describe the manner in which the eli7 gible entity will improve the educational

8 achievement or future potential of at-risk youth

9 through more effective coordination of cultural

10 services in the community;

11 ‘‘(G) describe the overall and operational

12 goals of the program; and

13 ‘‘(H) describe the nature and location of

14 all planned sites where services will be delivered

15 and a description of services which will be pro16 vided at each site.

17 ‘‘(h) PAYMENTS—FEDERAL SHARE.—

18 ‘‘(1) PAYMENTS.—The Secretary shall pay to

19 each eligible entity having an application approved

20 under subsection (g) the Federal share of the cost

21 of the activities described in the application.

22 ‘‘(2) AMOUNTS OF GRANTS.—The amount of a

23 grant made under this part may not be less than

24 $100,000 or exceed $500,000 in the first year of

25 such grant.
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1 ‘‘(3) FEDERAL SHARE.—The Federal share

2 shall be 80 percent.

3 ‘‘(4) NON-FEDERAL SHARE.—The non-Federal

4 share shall be equal to 20 percent and may be in

5 cash or in kind, fairly evaluated, including facilities

6 or services.

7 ‘‘(5) LIMITATION.—Not more than 25 percent

8 of any grant under this part may be used for

9 noninstructional services such as those described in

10 paragraphs D, E, and L of subsection (f).

11 ‘‘(6) SUPPLEMENT AND NOT SUPPLANT.—

12 Grant funds awarded under this part shall be used

13 to supplement not supplant the amount of funds

14 made available from non-Federal sources, for the ac15 tivities assisted under this part, in amounts that ex16 ceed the amounts expended for such activities in the

17 year preceding the year for which the grant is

18 awarded.

19 ‘‘(7) DISSEMINATION OF MODELS.—The Sec20 retary shall disseminate information concerning suc21 cessful models under this part through the National

22 Diffusion Network.

23 ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There

24 are authorized to be appropriated to carry out this sub25 part, $75,000,000 for fiscal year 1995 and such sums as
391

•HR 6 RFS

1 may be necessary for each of the fiscal years 1996, 1997,

2 1998, and 1999.

3 ‘‘PART E—INEXPENSIVE BOOK DISTRIBUTION

4 PROGRAM

5 ‘‘SEC. 3601. INEXPENSIVE BOOK DISTRIBUTION PROGRAM

6 FOR READING MOTIVATION.

7 ‘‘(a) AUTHORIZATION.—The Secretary is authorized

8 to enter into a contract with Reading Is Fundamental

9 (hereinafter in this section referred to as ‘the contractor’)

10 to support and promote programs, which include the dis11 tribution of inexpensive books to students, that motivate

12 children to read.

13 ‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract

14 entered into under subsection (a) shall—

15 ‘‘(1) provide that the contractor will enter into

16 subcontracts with local private nonprofit groups or

17 organizations or with public agencies under which

18 each subcontractor will agree to establish, operate,

19 and provide the non-Federal share of the cost of

20 reading motivation programs that include the dis21 tribution of books, by gift, to the extent feasible, or

22 by loan, to children up through high school age, in23 cluding those in family literacy programs;
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•HR 6 RFS

1 ‘‘(2) provide that funds made available to sub2 contractors will be used only to pay the Federal

3 share of the cost of such programs;

4 ‘‘(3) provide that in selecting subcontractors for

5 initial funding, the contractor will give priority to

6 programs that will serve a substantial number or

7 percentage of children with special needs, such as—

8 ‘‘(A) low-income children, particularly in

9 high-poverty areas;

10 ‘‘(B) children at risk of school failure;

11 ‘‘(C) children with disabilities, including

12 children with serious emotional disturbance;

13 ‘‘(D) foster children;

14 ‘‘(E) homeless children;

15 ‘‘(F) migrant children;

16 ‘‘(G) children without access to libraries;

17 ‘‘(H) institutionalized or incarcerated chil18 dren; and

19 ‘‘(I) children whose parents are institu20 tionalized or incarcerated;

21 ‘‘(4) provide that the contractor will provide

22 such technical assistance to subcontractors as may

23 be necessary to carry out the purpose of this section;
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•HR 6 RFS

1 ‘‘(5) provide that the contractor will annually

2 report to the Secretary the number of, and describe,

3 programs funded under paragraph (3); and

4 ‘‘(6) include such other terms and conditions as

5 the Secretary determines to be appropriate to ensure

6 the effectiveness of such programs.

7 ‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary

8 shall make no payment of the Federal share of the cost

9 of acquiring and distributing books under any contract

10 under this section unless the Secretary determines that

11 the contractor or subcontractor, as the case may be, has

12 made arrangements with book publishers or distributors

13 to obtain books at discounts at least as favorable as dis14 counts that are customarily given by such publisher or dis15 tributor for book purchases made under similar cir16 cumstances in the absence of Federal assistance.

17 ‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the

18 purpose of this section, the term ‘Federal share’ means

19 the portion of the cost to a subcontractor of purchasing

20 books to be paid with funds made available under this sec21 tion. The Federal share shall be established by the Sec22 retary, and shall not exceed 75 percent, except that the

23 Federal share for programs serving children of migrant

24 or seasonal farmworkers shall be 100 percent.
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•HR 6 RFS

1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

2 purpose of carrying out this section, there are authorized

3 to be appropriated $10,300,000 for fiscal year 1995 and

4 such sums as may be necessary for each of the fiscal years

5 1996, 1997, 1998, and 1999.

6 ‘‘PART F—CIVIC EDUCATION

7 ‘‘SEC. 3701. INSTRUCTION ON THE HISTORY AND PRIN8 CIPLES OF DEMOCRACY IN THE UNITED

9 STATES.

10 ‘‘(a) GENERAL AUTHORITY.—

11 ‘‘(1) PROGRAM ESTABLISHED.—(A) The Sec12 retary shall carry out a program to enhance the at13 tainment of Goals Three and Six of the National

14 Education Goals by educating students about the

15 history and principles of the Constitution of the

16 United States, including the Bill of Rights, and to

17 foster civic competence and responsibility.

18 ‘‘(B) Such program shall be known as ‘We the

19 People . . . The Citizen and the Constitution’.

20 ‘‘(2) EDUCATIONAL ACTIVITIES.—The program

21 required by paragraph (1) shall—

22 ‘‘(A) continue and expand the educational

23 activities of the We the People . . . The Citizen

24 and the Constitution program administered by

25 the Center for Civic Education; and
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•HR 6 RFS

1 ‘‘(B) enhance student attainment of chal2 lenging content standards in civics and govern3 ment.

4 ‘‘(3) CONTRACT OR GRANT AUTHORIZED.—The

5 Secretary is authorized to enter into a contract or

6 grant with the Center for Civic Education to carry

7 out the program required by paragraph (1).

8 ‘‘(b) PROGRAM CONTENT.—The education program

9 authorized by this section shall provide—

10 ‘‘(1) a course of instruction on the basic prin11 ciples of our constitutional democracy and the his12 tory of the Constitution and the Bill of Rights;

13 ‘‘(2) school and community simulated congres14 sional hearings following the course of study at the

15 request of participating schools; and

16 ‘‘(3) an annual national competition of simu17 lated congressional hearings for secondary students

18 who wish to participate in such program.

19 ‘‘(c) PROGRAM PARTICIPANTS.—The education pro20 gram authorized by this section shall be made available

21 to public and private elementary and secondary schools in

22 the 435 congressional districts, the Commonwealth of

23 Puerto Rico, the Virgin Islands, Guam, American Samoa,

24 and the District of Columbia.
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•HR 6 RFS

1 ‘‘(d) SPECIAL RULE.—Funds provided under this

2 section may be used for the advanced training of teachers

3 in civics and government after the provisions of subsection

4 (b) have been implemented.

5 ‘‘SEC. 3702. INSTRUCTION IN CIVICS, GOVERNMENT, AND

6 THE LAW.

7 ‘‘(a) PROGRAM ESTABLISHED.—The Secretary shall

8 carry out a program of grants and contracts to assist

9 State and local educational agencies and other public and

10 private nonprofit agencies, organizations and institutions

11 to enhance—

12 ‘‘(1) attainment by students of challenging con13 tent standards in civics, government, and the law;

14 and

15 ‘‘(2) attainment by the Nation of Goals Three

16 and Six of the National Education Goals.

17 ‘‘(b) AUTHORIZED ACTIVITIES.—Assistance under

18 this section may support new and ongoing programs in

19 elementary and secondary schools that provide for—

20 ‘‘(1) the development and implementation of

21 curricular programs that enhance student under22 standing of—

23 ‘‘(A) the values and principles which un24 derlie, and the institutions and processes which

25 comprise, our system of government;
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•HR 6 RFS

1 ‘‘(B) the role of law in our constitutional

2 democracy, including activities to promote—

3 ‘‘(i) legal literacy; and

4 ‘‘(ii) a dedication by students to the

5 use of non-violent means of conflict resolu6 tion such as arbitration, mediation, nego7 tiation, trials, and appellate hearings; and

8 ‘‘(C) the rights and responsibilities of citi9 zenship;

10 ‘‘(2) professional development for teachers, in11 cluding pre-service and in-service training;

12 ‘‘(3) outside-the-classroom learning experiences

13 for students, including community service activities;

14 ‘‘(4) the active participation of community lead15 ers, from the public and private sectors, in the

16 schools; and

17 ‘‘(5) the provision of technical assistance to

18 State and local educational agencies and other insti19 tutions and organizations working to further the

20 progress of the Nation in attaining the Goals Three

21 and Six of the National Education Goals in civics

22 and government.

23 ‘‘(c) APPLICATIONS, PEER REVIEW AND PRIORITY.—

24 ‘‘(1) SUBMISSION OF APPLICATIONS.—A State

25 or local educational agency, other public or private
398

•HR 6 RFS

1 nonprofit agency, organization or institution that de2 sires to receive a grant or enter into a contract

3 under this section shall submit an application to the

4 Secretary at such time, in such manner, and con5 taining or accompanied by such information as the

6 Secretary may reasonably require.

7 ‘‘(2) PEER REVIEW.—(A) The Secretary shall

8 convene a panel of individuals for purpose of review9 ing and rating applications submitted under para10 graph (1).

11 ‘‘(B) Such individuals shall have experience

12 with education programs in civics, government, and

13 the law.

14 ‘‘(3) PRIORITY.—In making grants or awarding

15 contracts under this section, the Secretary shall give

16 priority consideration to applications which propose

17 the operation of statewide programs.

18 ‘‘(d) DURATION OF GRANTS AND EXCEPTION.—

19 ‘‘(1) DURATION.—Except as provided in para20 graph (2), the Secretary shall make grants and

21 enter into contracts under this section for periods of

22 2 or 3 years.

23 ‘‘(2) EXCEPTION.—The Secretary may make a

24 grant or enter into a contract under this section for

25 a period of less than 2 years if the Secretary deter-
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•HR 6 RFS

1 mines that special circumstances exist which warrant

2 a one year grant or contract award.

3 ‘‘SEC. 3703. REPORT; AUTHORIZATION OF APPROPRIA4 TIONS.

5 ‘‘(a) REPORT.—The Secretary shall report, on a bien6 nial basis, to the Committee on Education and Labor of

7 the House of Representatives and to the Committee on

8 Labor and Human Resources of the Senate related to the

9 distribution and use of funds authorized under this part.

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—

11 ‘‘(1) GENERAL.—To carry out this part, there

12 are authorized to be appropriated $15,000,000 for

13 fiscal year 1995 and such sums as may be necessary

14 for each of the fiscal years 1996, 1997, 1998, and

15 1999.

16 ‘‘(2) ALLOCATION.—From the amount appro17 priated under subsection (a), the Secretary shall al18 locate—

19 ‘‘(A) 40 percent of such amount to carry

20 out section 3701; and

21 ‘‘(B) 60 percent of such amount to carry

22 out section 3702.
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1 ‘‘PART G—NATIVE HAWAIIAN EDUCATION

2 ‘‘SEC. 3801. SHORT TITLE.

3 ‘‘This part may be cited as the ‘Native Hawaiian

4 Education Act’.

5 ‘‘SEC. 3802. FINDINGS.

6 ‘‘The Congress finds that:

7 ‘‘(1) Native Hawaiians comprise a distinct and

8 unique indigenous people with a historical continuity

9 to the original inhabitants of the Hawaiian archipel10 ago whose society was organized as a Nation prior

11 to the arrival of the first non-indigenous people in

12 1778.

13 ‘‘(2) The Native Hawaiian people are entitled to

14 preserve, develop and transmit to future generations

15 their ancestral territory, and their cultural identity

16 in accordance with their own spiritual and tradi17 tional beliefs, customs, practices, languages, and so18 cial institutions.

19 ‘‘(3) The constitution and statutes of the State

20 of Hawaii:

21 ‘‘(A) acknowledge the distinct land rights

22 of the Native Hawaiian people as beneficiaries

23 of the public lands trust; and

24 ‘‘(B) reaffirm and protect the unique right

25 of the Native Hawaiian people to practice and
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•HR 6 RFS

1 perpetuate their cultural and religious customs,

2 beliefs, practices, and language.

3 ‘‘(4) At the time of the arrival of the first non4 indigenous people in Hawaii in 1778, the Native Ha5 waiian people lived in a highly organized, self-suffi6 cient, subsistence social system based on communal

7 land tenure with a sophisticated language, culture,

8 and religion.

9 ‘‘(5) A unified monarchial government of the

10 Hawaiian Islands was established in 1810 under

11 Kamehameha I, the first King of Hawaii.

12 ‘‘(6) Throughout the 19th century and until

13 1893, the United States: (a) recognized the inde14 pendence of the Hawaiian Nation; (b) extended full

15 and complete diplomatic recognition to the Hawaiian

16 government; and (c) entered into treaties and con17 ventions with the Hawaiian monarchs to govern

18 commerce and navigation in 1826, 1842, 1849, 1875

19 and 1887.

20 ‘‘(7) In the year 1893, the United States Min21 ister assigned to the sovereign and independent

22 Kingdom of Hawaii, John L. Stevens, conspired with

23 a small group of non-Hawaiian residents of the

24 Kingdom, including citizens of the United States, to
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•HR 6 RFS

1 overthrow the indigenous and lawful Government of

2 Hawaii.

3 ‘‘(8) In pursuance of that conspiracy, the Unit4 ed States Minister and the naval representative of

5 the United States caused armed naval forces of the

6 United States to invade the sovereign Hawaiian Na7 tion in support of the overthrow of the indigenous

8 and lawful Government of Hawaii and the United

9 States Minister thereupon extended diplomatic rec10 ognition of a provisional government formed by the

11 conspirators without the consent of the native people

12 of Hawaii or the lawful Government of Hawaii in

13 violation of treaties between the two nations and of

14 international law.

15 ‘‘(9) In a message to Congress on December

16 18, 1893, then President Grover Cleveland reported

17 fully and accurately on these illegal actions, and ac18 knowledged that by these acts, described by the

19 President as acts of war, the government of a peace20 ful and friendly people was overthrown, and the

21 President concluded that a ‘substantial wrong has

22 thus been done which a due regard for our national

23 character as well as the rights of the injured people

24 require that we should endeavor to repair.’
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1 ‘‘(10) Queen Lili’uokalani, the lawful monarch

2 of Hawaii, and the Hawaiian Patriotic League, rep3 resenting the aboriginal citizens of Hawaii, promptly

4 petitioned the United States for redress of these

5 wrongs and for restoration of the indigenous govern6 ment of the Hawaiian nation, but this petition was

7 not acted upon.

8 ‘‘(11) In 1898, the United States annexed Ha9 waii through the Newlands Resolution, without the

10 consent of or compensation to the indigenous people

11 of Hawaii or their sovereign government, who were

12 denied their land, ocean resources, and the mecha13 nism for expression of their inherent sovereignty

14 through self-government and self-determination.

15 ‘‘(12) Through the Newlands Resolution and

16 the 1900 Organic Act, the United States Congress

17 received 1.75 million acres of lands formerly owned

18 by the Crown and Government of the Hawaiian

19 Kingdom and exempted the lands from then existing

20 public land laws of the United States by mandating

21 that the revenue and proceeds from these lands be

22 ‘used solely for the benefit of the inhabitants of the

23 Hawaiian Islands for education and other public

24 purposes,’ thereby establishing a special trust rela-
404

•HR 6 RFS

1 tionship between the United States and the indige2 nous native inhabitants of Hawaii.

3 ‘‘(13) Congress enacted the Hawaiian Homes

4 Commission Act of 1920 designating 200,000 acres

5 of the ceded public lands for exclusive homesteading

6 by Native Hawaiians, affirming the trust relation7 ship between the United States and the Native Ha8 waiians, as expressed by then Secretary of the Inte9 rior Franklin K. Lane, who was cited in the Com10 mittee Report of the United States House of Rep11 resentatives Committee on Territories as stating:

12 ‘One thing that impressed me . . . was the fact that

13 the natives of these islands who are our wards, I

14 should say, and for whom in a sense we are trustees,

15 are falling off rapidly in numbers and many of them

16 are in poverty.’

17 ‘‘(14) In 1938, the United States Congress

18 again acknowledged the unique status of the Hawai19 ian people by including in the Act of June 20, 1938

20 (52 Stat. 781 et seq.), a provision to lease lands

21 within the National Parks extension to Native Ha22 waiians and to permit fishing in the area ‘only by

23 native Hawaiian residents of said area or of adjacent

24 villages and by visitors under their guidance.’
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•HR 6 RFS

1 ‘‘(15) 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 the ad5 ministration of the Hawaiian Home Lands to the

6 State of Hawaii but reaffirmed the trust relationship

7 which existed between the United States and the

8 Hawaiian people by retaining the exclusive power to

9 enforce the trust, including the power to approve

10 land exchanges and legislative amendments affecting

11 the rights of beneficiaries under such Act.

12 ‘‘(16) Under the Act entitled ‘An Act to provide

13 for the admission of the State of Hawaii into the

14 Union’, approved March 18, 1959 (73 Stat. 4), the

15 United States transferred responsibility for adminis16 tration over portions of the ceded public lands trust

17 not retained by the United States to the State of

18 Hawaii but reaffirmed the trust responsibility which

19 existed between the United States and the Hawaiian

20 people by retaining the legal responsibility to enforce

21 the administration of the public trust responsibility

22 of the State of Hawaii for the betterment of the con23 ditions of Native Hawaiians under section 5(f) of the

24 Act entitled ‘An Act to provide for the admission of

25 the State of Hawaii into the Union.’.
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•HR 6 RFS

1 ‘‘(17) The authority of the Congress under the

2 United States Constitution to legislate in matters af3 fecting the aboriginal or indigenous peoples of the

4 United States includes the authority to legislate in

5 matters affecting the native peoples of Alaska and

6 Hawaii.

7 ‘‘(18) In furtherance to the trust responsibility

8 for the betterment of the conditions of native Hawai9 ians, the United States has established educational

10 programs to benefit Native Hawaiians and has ac11 knowledged that special educational efforts are re12 quired recognizing the unique cultural and historical

13 circumstances of Native Hawaiians.

14 ‘‘(19) This historical and legal relationship has

15 been consistently recognized and affirmed by the

16 Congress through the enactment of Federal laws

17 which extend to the Hawaiian people the same rights

18 and privileges accorded to American Indian, Alaska

19 Native, Eskimo, and Aleut communities, including

20 the Native American Programs Act of 1974; the Na21 tive American Programs Act of 1992, as amended;

22 the National Historic Act Amendments of 1992; the

23 American Indian Religious Freedom Act; the Native

24 American Graves Protection and Repatriation Act.
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•HR 6 RFS

1 ‘‘(20) The United States has also recognized

2 and reaffirmed the trust relationship to the Hawai3 ian people through legislation which authorizes the

4 provision of services to Native Hawaiians, specifi5 cally, the Older Americans Act of 1965, the Devel6 opmental Disabilities Assistance and Bill of Rights

7 Act Amendments of 1987, the Veterans’ Benefits

8 and Services Act of 1988, the Rehabilitation Act of

9 1973, the Native Hawaiian Health Care Act of

10 1988, the Health Professions Reauthorization Act of

11 1988, the Nursing Shortage Reduction and Edu12 cation Extension Act of 1988, the Handicapped Pro13 grams Technical Amendments Act of 1988, the In14 dian Health Care Amendments of 1988, and the

15 Disadvantaged Minority Health Improvements Act

16 of 1990.

17 ‘‘(21) Despite the success of the programs es18 tablished under the Native Hawaiian Education Act

19 of 1988, the education needs of Native Hawaiians

20 continue to be severe:

21 ‘‘(A) Native Hawaiian students continue to

22 score below national norms on standardized

23 education achievement tests.

24 ‘‘(B) Both public and private schools con25 tinue to show a pattern of low percentages of
408

•HR 6 RFS

1 Native Hawaiian students in the uppermost

2 achievement levels and in gifted and talented

3 programs.

4 ‘‘(C) Native Hawaiian students continue to

5 be overrepresented among those qualifying for

6 special education programs provided to learning

7 disabled, educable mentally retarded, handi8 capped, and other such students.

9 ‘‘(D) Native Hawaiians continue to be dis10 proportionately represented in many negative

11 social and physical statistics, indicative of spe12 cial educational needs—

13 ‘‘(i) lower educational attainment

14 among Native Hawaiians has been found

15 to relate to lower socioeconomic outcomes;

16 ‘‘(ii) Native Hawaiian students con17 tinue to be disproportionately under18 represented in Institutions of Higher Edu19 cation;

20 ‘‘(iii) Native Hawaiians continue to be

21 underrepresented in traditional white collar

22 professions, health care professions, and

23 the newly emerging technology based pro24 fessions and are overrepresented in service

25 occupations;
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•HR 6 RFS

1 ‘‘(iv) Native Hawaiian children con2 tinue to be disproportionately victimized by

3 child abuse and neglect, a signal of family

4 stress; and

5 ‘‘(v) there are and will continue to be

6 geographically rural, isolated areas with a

7 high Native Hawaiian population density.

8 ‘‘(22) Special efforts in education recognizing

9 the unique cultural and historical circumstances of

10 Native Hawaiians are required.

11 ‘‘SEC. 3803. PURPOSE.

12 ‘‘It is the purpose of this part to—

13 ‘‘(1) authorize and develop supplemental edu14 cational programs to assist Native Hawaiians in

15 reaching the National Education Goals;

16 ‘‘(2) provide direction and guidance to appro17 priate Federal, State, and local agencies to focus re18 sources, including those made available by the title

19 on the problem of Native Hawaiian Education;

20 ‘‘(3) supplement and expand existing programs

21 and authorities in the area of education to further

22 the purposes of the title; and

23 ‘‘(4) encourage the maximum participation of

24 Native Hawaiians in planning and management of

25 Native Hawaiian Education Programs.
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1 ‘‘SEC. 3804. NATIVE HAWAIIAN EDUCATION COUNCIL.

2 ‘‘(a) ESTABLISHMENT.—In order to better effectuate

3 the purposes of this part through assistance in the coordi4 nation of services and programs provided for under this

5 part, the Secretary shall establish a Native Hawaiian Edu6 cation Council.

7 ‘‘(b) COMPOSITION.—Such Council shall consist of,

8 but not be limited to:

9 ‘‘(1) representatives of each of the programs

10 which receive Federal funding under this part;

11 ‘‘(2) a representative from the Office of the

12 Governor;

13 ‘‘(3) a representative from the Office of Hawai14 ian Affairs;

15 ‘‘(4) representatives of other Native Hawaiian

16 Educational organizations and Native Hawaiian or17 ganizations which receive Federal or state education

18 funds; and

19 ‘‘(5) parent, student, educator and community

20 organizations.

21 ‘‘(c) CONDITIONS AND TERMS.—All members of the

22 Council shall be residents of the State of Hawaii, and at

23 least half of the members shall be Native Hawaiian. Mem24 bers of the Council shall be appointed for five year terms.

25 ‘‘(d) DUTIES AND RESPONSIBILITIES.—(1) The

26 Council shall provide direction and guidance to appro-
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•HR 6 RFS

1 priate Federal, State, and local agencies to focus re2 sources, including those made available by this title on Na3 tive Hawaiian Education.

4 ‘‘(2) The Council is authorized to make available to

5 Congress any information, advice, and recommendations

6 that the Council is authorized to give to the Secretary.

7 ‘‘(3) The Secretary shall, whenever practicable, con8 sult with the Council before taking any significant action

9 related to the education of Native Hawaiians. Any advice

10 or recommendation made by the Council to the Secretary

11 shall reflect the independent judgment of the Council on

12 the matter concerned.

13 ‘‘(e) ADMINISTRATIVE PROVISIONS.—The Council

14 shall meet at the call of the Chair, or upon the request

15 of the majority of the Council, but in any event not less

16 than twice during each calendar year. All matters relating

17 to, or proceedings of, the Council need not comply with

18 the Federal Advisory Committee Act.

19 ‘‘(f) COMPENSATION.—A member of the Native Ha20 waiian Council shall not receive any compensation for

21 service on the Council.

22 ‘‘(g) ANNUAL REPORT.—The Council shall present to

23 the Secretary an annual report on its activities.

24 ‘‘(h) REPORT TO CONGRESS.—Not later than 4 years

25 after the date of the enactment of the Improving Ameri-
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•HR 6 RFS

1 ca’s Schools Act, the Secretary shall prepare and submit

2 to the Senate Committee on Indian Affairs and the House

3 Committee on Education and Labor, a report which sum4 marizes the annual reports of the Native Hawaiian Coun5 cil, describes the allocation and utilization of monies under

6 this part, and contains recommendations for changes in

7 Federal, State, and local policy to advance the purposes

8 of this part.

9 ‘‘SEC. 3805. NATIVE HAWAIIAN LANGUAGE IMMERSION

10 PROJECT.

11 ‘‘(a) NATIVE HAWAIIAN LANGUAGE IMMERSION AU12 THORITY.—In order to continue the state-wide effort at

13 revitalizing the Native Hawaiian Language through the

14 Punana Leo Project and the State of Hawaii’s immersion

15 project, the Secretary shall make direct grants to—

16 ‘‘(1) Aha Punana Leo for the continued mainte17 nance of the Punana Leo Project, a family-based

18 Hawaiian Immersion pre-school program;

19 ‘‘(2) the State of Hawaii for education support

20 services for the State of Hawaii’s Hawaiian Immer21 sion Program; and

22 ‘‘(3) the State of Hawaii to establish a center

23 for Native Hawaiian curriculum development and

24 teacher training.
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1 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per2 cent of the funds appropriated to carry out the provisions

3 of this section for any fiscal year may be used for adminis4 trative purposes.

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

6 is authorized to be appropriated $1,500,000 for fiscal year

7 1995 and such sums as may be necessary for fiscal years

8 1996 through 1999. Such funds shall remain available

9 until expended.

10 ‘‘SEC. 3806. NATIVE HAWAIIAN FAMILY-BASED EDUCATION

11 CENTERS.

12 ‘‘(a) GENERAL AUTHORITY.—The Secretary shall

13 make direct grants to Native Hawaiian Organizations (in14 cluding Native Hawaiian Educational Organizations) to

15 develop and operate a minimum of eleven Family-Based

16 Education Centers throughout the Hawaiian Islands. Such

17 centers shall include—

18 ‘‘(1) Parent-Infant programs (prenatal through

19 age 3);

20 ‘‘(2) Preschool programs for four and five year21 olds;

22 ‘‘(3) continued research and development; and

23 ‘‘(4) long term followup and assessment pro24 gram.
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•HR 6 RFS

1 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per2 cent of the funds appropriated to carry out the provisions

3 of this section for any fiscal year may be used for adminis4 trative purposes.

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—In ad6 dition to any other amount authorized for the centers de7 scribed in subsection (a), there is authorized to be appro8 priated $6,000,000 for fiscal year 1995 and such sums

9 as may be necessary for fiscal years 1996 through 1999.

10 Such funds shall remain available until expended.

11 ‘‘SEC. 3807. NATIVE HAWAIIAN HIGHER EDUCATION DEM12 ONSTRATION PROGRAM.

13 ‘‘(a) HIGHER EDUCATION GENERAL AUTHORITY.—

14 The Secretary shall make grants to the Kamehameha

15 Schools/Bernice Pauahi Bishop Estate for a demonstra16 tion program to provide Higher Education fellowship as17 sistance to Native Hawaiian students. The demonstration

18 program under this program may include—

19 ‘‘(1) full or partial fellowship support for Native

20 Hawaiian students enrolled at an accredited two or

21 four year degree granting institution of higher edu22 cation with awards to be based on academic poten23 tial and financial need;
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•HR 6 RFS

1 ‘‘(2) counseling and support services for such

2 students receiving fellowship assistance pursuant to

3 subsection (a)(1) of this section;

4 ‘‘(3) college preparation and guidance counsel5 ing at the secondary school level for students who

6 may be eligible for fellowship assistance pursuant to

7 subsection (a)(1) of this section;

8 ‘‘(4) appropriate research and evaluation of the

9 activities authorized by this section; and

10 ‘‘(5) implementation of faculty development

11 programs for the improvement and matriculation of

12 Native Hawaiian students.

13 ‘‘(b) GRANTS AUTHORIZED.—The Secretary shall

14 make grants to Kamehameha Schools/Bernice Pauahi

15 Bishop Estate for a demonstration project of fellowship

16 assistance for Native Hawaiian students in post-bachelor

17 degree programs. Such project may include—

18 ‘‘(1) full or partial fellowship support for Native

19 Hawaiian students enrolled at an accredited post20 bachelor degree granting institution of higher edu21 cation, with priority given to professions in which

22 Native Hawaiians are under-represented and with

23 awards to be based on academic potential and finan24 cial need;
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•HR 6 RFS

1 ‘‘(2) counseling and support services for such

2 students receiving fellowship assistance pursuant to

3 subsection (b)(1) of this section; and

4 ‘‘(3) appropriate research and evaluation of the

5 activities authorized by this section.

6 ‘‘(c) SPECIAL CONDITION REQUIRED.—For the pur7 pose of subsection (b) fellowship conditions shall be estab8 lished whereby recipients obtain an enforceable contract

9 obligation to provide their professional services, either dur10 ing their fellowship or upon completion of post-bachelor

11 degree program, to the Native Hawaiian community with12 in the State of Hawaii.

13 ‘‘(d) SPECIAL RULE.—No policy shall be made in im14 plementing this Section to prevent a Native Hawaiian stu15 dent enrolled at an accredited two or four year degree

16 granting institution of higher education outside of the

17 State of Hawaii from receiving a fellowship pursuant to

18 paragraphs (a) and (b) of this section.

19 ‘‘(e) ADMINISTRATIVE COSTS.—No more than 7 per20 cent of the funds appropriated to carry out the provisions

21 of this section for any fiscal year may be used for adminis22 trative purposes.

23 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—

24 ‘‘(1) There are authorized to be appropriated

25 $2,000,000 for fiscal year 1995 and such sums as
417

•HR 6 RFS

1 may be necessary for fiscal years 1996 through 1999

2 for the purpose of funding the fellowship assistance

3 demonstration project under subsection (a).

4 ‘‘(2) There are authorized to be appropriated

5 $1,500,000 for fiscal year 1995 and such sums as

6 may be necessary for fiscal years 1996 through 1999

7 for the purpose of funding the fellowship assistance

8 demonstration project provided under subsection (b).

9 ‘‘(3) Funds appropriated under the authority of

10 this subsection shall remain available until expended.

11 ‘‘SEC. 3808. NATIVE HAWAIIAN GIFTED AND TALENTED

12 DEMONSTRATION PROGRAM.

13 ‘‘(a) GIFTED AND TALENTED DEMONSTRATION AU14 THORITY.—

15 ‘‘(1) The Secretary shall provide a grant to, or

16 enter into a contract with, the University of Hawaii

17 at Hilo for—

18 ‘‘(A) the establishment of a Native Hawai19 ian Gifted and Talented Center at the Univer20 sity of Hawaii at Hilo, and

21 ‘‘(B) for demonstration projects designed

22 to—

23 (i) address the special needs of Native

24 Hawaiian elementary and secondary school
418

•HR 6 RFS

1 students who are gifted and talented stu2 dents, and

3 (ii) provide those support services to

4 their families that are needed to enable

5 such students to benefit from the project.

6 Such grant or contract shall be subject to the availability

7 of appropriated funds and, contingent on satisfactory per8 formance by the grantee, shall be provided for a term of

9 3 years.

10 ‘‘(2) After the term of the grant or contract

11 provided, or entered into, under paragraph (1) has

12 expired, the Secretary shall, for the purposes de13 scribed in subparagraphs (A) and (B) of paragraph

14 (1), provide a grant to, or enter into a contract with,

15 the public, 4-year, fully accredited institution of

16 higher education located in the State of Hawaii

17 which has made the greatest contribution to Native

18 Hawaiian students. Such grant or contract shall be

19 provided on an annual basis. The grantees shall be

20 authorized to subcontract when appropriate, includ21 ing with the Children’s Television Workshop.

22 ‘‘(b) USES OF FUNDS.—Demonstration projects

23 funded under this section may include—
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•HR 6 RFS

1 ‘‘(1) the identification of the special needs of

2 gifted and talented students, particularly at the ele3 mentary school level, with attention to—

4 ‘‘(A) the emotional and psychosocial needs

5 of these students, and

6 ‘‘(B) the provision of those support serv7 ices to their families that are needed to enable

8 these students to benefit from the projects;

9 ‘‘(2) the conduct of educational, psychosocial,

10 and developmental activities which hold reasonable

11 promise of resulting in substantial progress toward

12 meeting the educational needs of such gifted and tal13 ented children, including, but not limited to, dem14 onstrating and exploring the use of the Native Ha15 waiian language and exposure to Native Hawaiian

16 cultural traditions;

17 ‘‘(3) the use of public television in meeting the

18 special educational needs of such gifted and talented

19 children;

20 ‘‘(4) leadership programs designed to replicate

21 programs for such children throughout the State of

22 Hawaii and to other Native American peoples, in23 cluding the dissemination of information derived

24 from demonstration projects conducted under this

25 section; and
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•HR 6 RFS

1 ‘‘(5) appropriate research, evaluation, and relat2 ed activities pertaining to—

3 ‘‘(A) the needs of such children, and

4 ‘‘(B) the provision of those support serv5 ices to their families that are needed to enable

6 such children to benefit from the projects.

7 ‘‘(c) INFORMATION PROVISION.—The Secretary shall

8 facilitate the establishment of a national network of Na9 tive Hawaiian and American Indian Gifted and Talented

10 Centers, and ensure that the information developed by

11 these centers shall be readily available to the educational

12 community at large.

13 ‘‘(d) ADMINISTRATIVE COSTS.—No more than 7 per14 cent of the funds appropriated to carry out the provisions

15 of this section for any fiscal year may be used for adminis16 trative purposes.

17 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—In ad18 dition to any other amount authorized for projects de19 scribed in this section there are authorized to be appro20 priated $2,000,000 for fiscal year 1995 and such sums

21 as may be necessary for fiscal years 1996 through 1999.

22 Such funds shall remain available until expended.
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•HR 6 RFS

1 ‘‘SEC. 3809. NATIVE HAWAIIAN SPECIAL EDUCATION PRO2 GRAM.

3 ‘‘(a) SPECIAL EDUCATION AUTHORITY.—The Sec4 retary shall make grants to, and enter into contracts with,

5 Pihana Na Mamo, to operate projects to address the spe6 cial education needs of Native Hawaiian students. Such

7 projects assisted under this section may include—

8 ‘‘(1) the identification of Native Hawaiian chil9 dren who are learning disabled, mentally or phys10 ically handicapped, educable mentally retarded, or

11 otherwise in need of special educational services;

12 ‘‘(2) the identification of special education

13 needs of such children, 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 serv18 ices to their families that are needed to enable

19 such children to benefit from the projects.

20 ‘‘(b) ADMINISTRATIVE COSTS.—No more than 7 per21 cent of the funds appropriated to carry out the provisions

22 of this section for any fiscal year may be used for adminis23 trative purposes.

24 ‘‘(c) MATCHING FUNDS.—(1) The Secretary may not

25 make a grant or provide funds pursuant to a contract

26 under this subsection—
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•HR 6 RFS

1 ‘‘(A) in an amount exceeding 83.3 percent of

2 the costs of providing health services under the

3 grant or contract; and

4 ‘‘(B) unless Pihana Na Mamo agrees that the

5 State of Hawaii, the Office of Hawaiian Affairs, or

6 any other non-Federal entity will make available, di7 rectly or through donations to the Native Hawaiian

8 Special Education Project, non-Federal contribu9 tions toward such costs in an amount equal to not

10 less than $1 (in cash or in kind under paragraph

11 (2)) for each $5 of Federal funds provided in such

12 grant or contract.

13 ‘‘(2) Non-Federal contributions required in para14 graph (1) may be in cash or in kind, fairly evaluated, in15 cluding plant, equipment, or services. Amounts provided

16 by the Federal Government or services assisted or sub17 sidized to any significant extent by the Federal Govern18 ment may not be included in determining the amount of

19 non-Federal contributions.

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In ad21 dition to any other amount authorized for such project,

22 there is authorized to be appropriated $2,000,000 for fis23 cal year 1995 and such sums as may be necessary for fis24 cal years 1996 through 1999. Such funds shall remain

25 available until expended.
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1 ‘‘SEC. 3810. ADMINISTRATIVE PROVISIONS.

2 ‘‘(a) APPLICATION REQUIRED.—No grant may be

3 made under this part, nor any contract be entered into

4 under this part, unless an application is submitted to the

5 Secretary in such form, in such manner, and containing

6 such information as the Secretary may determine nec7 essary to carry out the provisions of this title.

8 ‘‘(b) SPECIAL RULE.—Each application submitted

9 under this title shall be accompanied by the comments of

10 each local educational agency serving students who will

11 participate in the project for which assistance is sought.

12 ‘‘SEC. 3811. DEFINITIONS.

13 ‘‘For the purposes of this part—

14 ‘‘(1) The term ‘Native Hawaiian’ means any in15 dividual who is—

16 ‘‘(A) a citizen of the United States,

17 ‘‘(B) a resident of the State of Hawaii,

18 and

19 ‘‘(C) a descendant of the aboriginal people,

20 who prior to 1778, occupied and exercised sov21 ereignty in the area that now comprises the

22 State of Hawaii, as evidenced by—

23 ‘‘(i) genealogical records,

24 ‘‘(ii) Kupuna (elders) or Kama’aina

25 (long-term community residents) verifica26 tion, or
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•HR 6 RFS

1 ‘‘(iii) birth records of the State of

2 Hawaii.

3 ‘‘(2) The term ‘Secretary’ means the Secretary

4 of Education.

5 ‘‘(3) The term ‘Native Hawaiian Educational

6 Organization’ means a private nonprofit organiza7 tion that—

8 ‘‘(A) serves the interests of Native Hawai9 ians,

10 ‘‘(B) has Native Hawaiians in substantive

11 and policy-making positions within the organi12 zations,

13 ‘‘(C) has a demonstrated expertise in the

14 education of Native Hawaiian youth, and

15 ‘‘(D) has demonstrated expertise in re16 search and program development.

17 ‘‘(4) The term ‘Native Hawaiian Organization’

18 means a private nonprofit organization that—

19 ‘‘(A) serves the interests of Native Hawai20 ians,

21 ‘‘(B) has Native Hawaiians in substantive

22 and policy-making positions within the organi23 zations, and

24 ‘‘(C) is recognized by the Governor of Ha25 waii for the purpose of planning, conducting, or
425

•HR 6 RFS

1 administering programs (or portions of pro2 grams) for the benefit of Native Hawaiians.

3 ‘‘(5) The term ‘elementary school’ has the same

4 meaning given that term under section 9101 of this

5 Act.

6 ‘‘(6) The term ‘local educational agency’ has

7 the same meaning given that term under section

8 9101 of this Act.

9 ‘‘(7) The term ‘secondary school’ has the same

10 meaning given that term under section 9101 of this

11 Act.

12 ‘‘PART H—ALLEN J. ELLENDER FELLOWSHIP

13 PROGRAM

14 ‘‘SEC. 3901. FINDINGS.

15 ‘‘The Congress makes the following findings:

16 ‘‘(1) It is a worthwhile goal to ensure that all

17 students in America are prepared for responsible

18 citizenship and that all students should have the op19 portunity to be involved in activities that promote

20 and demonstrate good citizenship.

21 ‘‘(2) It is a worthwhile goal to ensure that

22 America’s educators have access to programs for the

23 continued improvement of their professional skills.

24 ‘‘(3) Allen J. Ellender, a Senator from Louisi25 ana and President pro tempore of the United States
426

•HR 6 RFS

1 Senate, had a distinguished career in public service

2 characterized by extraordinary energy and real con3 cern for young people. Senator Ellender provided

4 valuable support and encouragement to the Close Up

5 Foundation, a nonpartisan, nonprofit foundation

6 promoting knowledge and understanding of the Fed7 eral Government among young people and educators.

8 Therefore, it is a fitting and appropriate tribute to

9 Senator Ellender to provide fellowships in his name

10 to students of limited economic means, the teachers

11 who work with them and older Americans so that

12 they may participate in the programs supported by

13 the Close Up Foundation.

14 ‘‘Subpart 1—Program for Middle and Secondary

15 School Students

16 ‘‘SEC. 3911. ESTABLISHMENT.

17 ‘‘(a) GENERAL AUTHORITY.—The Secretary is au18 thorized to make grants in accordance with the provisions

19 of this title to the Close Up Foundation of Washington,

20 District of Columbia, a nonpartisan, nonprofit foundation,

21 for the purpose of assisting the Close Up Foundation in

22 carrying out its programs of increasing understanding of

23 the Federal Government among middle and secondary

24 school students.
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•HR 6 RFS

1 ‘‘(b) USE OF FUNDS.—Grants under this title shall

2 be used only for financial assistance to economically dis3 advantaged students who participate in the program de4 scribed in subsection (a) of this section. Financial assist5 ance received pursuant to this title by such students shall

6 be known as Allen J. Ellender fellowships.

7 ‘‘SEC. 3912. APPLICATIONS.

8 ‘‘(a) APPLICATION REQUIRED.—No grant under this

9 title may be made except upon an application at such time,

10 in such manner, and accompanied by such information as

11 the Secretary may reasonably require.

12 ‘‘(b) CONTENTS OF APPLICATION.—Each such appli13 cation shall contain provisions to assure—

14 ‘‘(1) that fellowship grants are made to eco15 nomically disadvantaged middle and secondary

16 school students;

17 ‘‘(2) that every effort will be made to ensure

18 the participation of students from rural and small

19 town areas, as well as from urban areas, and that

20 in awarding fellowships to economically disadvan21 taged students, special consideration will be given to

22 the participation of students with special educational

23 needs, including physically challenged students,

24 visually- and hearing-impaired students, ethnic mi-
428

•HR 6 RFS

1 nority students, and gifted and talented students;

2 and

3 ‘‘(3) the proper disbursement of the funds of

4 the United States received under this title.

5 ‘‘Subpart 2—Program for Middle and Secondary

6 School Teachers

7 ‘‘SEC. 3915. ESTABLISHMENT.

8 ‘‘(a) GENERAL AUTHORITY.—The Secretary is au9 thorized to make grants in accordance with the provisions

10 of this title to the Close Up Foundation of Washington,

11 District of Columbia, a nonpartisan, nonprofit foundation,

12 for the purpose of assisting the Close Up Foundation in

13 carrying out its programs of teaching skills enhancement

14 for middle and secondary school teachers.

15 ‘‘(b) USE OF FUNDS.—Grants under this title shall

16 be used only for financial assistance to teachers who par17 ticipate in the program described in subsection (a) of this

18 section. Financial assistance received pursuant to this title

19 by such individuals shall be known as Allen J. Ellender

20 fellowships.

21 ‘‘SEC. 3916. APPLICATIONS.

22 ‘‘(a) APPLICATION REQUIRED.—No grant under this

23 subpart may be made except upon an application at such

24 time, in such manner, and accompanied by such informa25 tion as the Secretary may reasonably require.
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•HR 6 RFS

1 ‘‘(b) CONTENTS OF APPLICATION.—Each such appli2 cation shall contain provisions to assure—

3 ‘‘(1) that fellowship grants are made only to

4 teachers who have worked with at least one student

5 from his or her school who participates in the pro6 grams described in section 101(a);

7 ‘‘(2) that not more than one teacher in each

8 school participating in the programs provided for in

9 section 101(a) may receive a fellowship in any fiscal

10 year; and

11 ‘‘(3) the proper disbursement of the funds of

12 the United States received under this title.

13 ‘‘Subpart 3—Programs for Recent Immigrants,

14 Students of Migrant Parents and Older Americans

15 ‘‘SEC. 3921. ESTABLISHMENT.

16 ‘‘(a) GENERAL AUTHORITY.—(1) The Secretary is

17 authorized to make grants in accordance with the provi18 sions of this title to the Close Up Foundation of Washing19 ton, District of Columbia, a nonpartisan, nonprofit foun20 dation, for the purpose of assisting the Close Up Founda21 tion in carrying out its programs of increasing under22 standing of the Federal Government among economically

23 disadvantaged older Americans, recent immigrants and

24 students of migrant parents.
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•HR 6 RFS

1 ‘‘(2) For the purpose of this subpart, the term ‘older

2 American’ means an individual who has attained 55 years

3 of age.

4 ‘‘(b) USE OF FUNDS.—Grants under this subpart

5 shall be used only for financial assistance to economically

6 disadvantaged older Americans, recent immigrants and

7 students of migrant parents who participate in the pro8 gram described in subsection (a) of this section. Financial

9 assistance received pursuant to this subpart by such indi10 viduals shall be known as Allen J. Ellender fellowships.

11 ‘‘SEC. 3922. APPLICATIONS.

12 ‘‘(a) APPLICATION REQUIRED.—No grant under this

13 subpart may be made except upon application at such

14 time, in such manner, and accompanied by such informa15 tion as the Secretary may reasonably require.

16 ‘‘(b) CONTENTS OF APPLICATION.—Each such appli17 cation shall contain provisions to assure—

18 ‘‘(1) that fellowship grants are made to eco19 nomically disadvantaged older Americans, recent im20 migrants and students of migrant parents;

21 ‘‘(2) that every effort will be made to ensure

22 the participation of older Americans, recent immi23 grants and students of migrant parents from rural

24 and small town areas, as well as from urban areas,

25 and that in awarding fellowships, special consider-
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•HR 6 RFS

1 ation will be given to the participation of older

2 Americans, recent immigrants and students of mi3 grant parents with special needs, including phys4 ically challenged individuals, visually- and hearing5 impaired individuals, ethnic minorities, and gifted

6 and talented students;

7 ‘‘(3) that activities permitted by section 301(a)

8 are fully described; and

9 ‘‘(4) the proper disbursement of the funds of

10 the United States received under this title.

11 ‘‘Subpart 4—General Provisions

12 ‘‘SEC. 3925. ADMINISTRATIVE PROVISIONS.

13 ‘‘(a) GENERAL RULE.—Payments under this part

14 may be made in installments, in advance, or by way of

15 reimbursement, with necessary adjustments on account of

16 underpayment or overpayment.

17 ‘‘(b) AUDIT RULE.—The Comptroller General of the

18 United States or any of the Comptroller General’s duly

19 authorized representatives shall have access for the pur20 pose of audit and examination to any books, documents,

21 papers, and records that are pertinent to any grant under

22 this part.

23 ‘‘SEC. 3926. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘(a) There are authorized to be appropriated to carry

25 out the provisions of subparts 1, 2, and 3 of this part
432

•HR 6 RFS

1 $4,400,000 for fiscal year 1995 and such sums as may

2 be necessary for each of the fiscal years 1996, 1997, 1998,

3 and 1999.

4 ‘‘(b) Of the funds appropriated pursuant to sub5 section (a), not more than 30 percent may be used for

6 teachers associated with students participating in the pro7 grams described in section 3911(a).

8 ‘‘PART I—TERRITORIAL EDUCATION

9 IMPROVEMENT PROGRAM

10 ‘‘SEC. 3931. FINDINGS AND PURPOSES.

11 ‘‘(a) FINDINGS.—The Congress finds that—

12 ‘‘(1) the attainment of a high quality education

13 is important to a society and to each individual;

14 ‘‘(2) it is the policy of the United States that

15 all citizens have a fair opportunity to receive a high

16 quality education;

17 ‘‘(3) such opportunity should extend to United

18 States citizens and nationals residing in the outlying

19 areas;

20 ‘‘(4) reports show that the outlying areas have

21 repeatedly placed last in national education tests

22 which measure knowledge in core subject areas;

23 ‘‘(5) all students must realize their potential if

24 the United States is to prosper; and
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•HR 6 RFS

1 ‘‘(6) students in the outlying areas require ad2 ditional assistance if they are to obtain the high

3 standards established for all students in the United

4 States.

5 ‘‘(b) PURPOSES.—The purpose of this part is to au6 thorize an education improvement program for the United

7 States Virgin Islands, Guam, American Samoa, the North8 ern Mariana Islands, and Palau which will assist in devel9 oping programs which will enhance student learning, in10 crease the standard of education, and improve the per11 formance levels of all students.

12 ‘‘SEC. 3932. GRANT AUTHORIZATION.

13 ‘‘The Secretary is authorized to make grants to the

14 Virgin Islands, Guam, American Samoa, the Northern

15 Mariana Islands and Palau, until the effective date of the

16 Compact of Free Association with the Government of

17 Palau, to fund innovative education improvement pro18 grams which will increase student learning.

19 ‘‘SEC. 3933. RESTRICTIONS.

20 ‘‘(a) CONSTRUCTION.—No funds from a grant under

21 section 3922 may be used for construction.

22 ‘‘(b) FULL USE.—If funds authorized under section

23 3922 are not fully committed within the period of the

24 grant, the grant for the next period shall be reduced by

25 the amount of funds not fully committed.
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•HR 6 RFS

1 ‘‘SEC. 3934. AUTHORIZATION.

2 ‘‘There are authorized to be appropriated for grants

3 under section 3922 $5,000,000 for each of the fiscal years

4 1994 through 1999.

5 ‘‘TITLE IV—SAFE AND DRUG6 FREE SCHOOLS AND COMMU7 NITIES

8 ‘‘SEC. 4001. SHORT TITLE.

9 ‘‘This title may be cited as the ‘Safe and Drug-Free

10 Schools and Communities Act of 1994’.

11 ‘‘SEC. 4002. FINDINGS.

12 ‘‘The Congress finds as follows:

13 ‘‘(1) National Education Goal Six provides that

14 by the year 2000, all schools in America will be free

15 of drugs and violence and offer a disciplined environ16 ment that is conducive to learning.

17 ‘‘(2) The widespread illegal use of alcohol and

18 other drugs among the Nation’s secondary school

19 students, and increasingly by students in elementary

20 schools as well, constitutes a grave threat to their

21 physical and mental well-being, and significantly im22 pedes the learning process. For example, data show

23 that students who drink tend to receive lower grades

24 and are more likely to miss school because of illness

25 than students who do not drink.
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1 ‘‘(3) Our Nation’s schools and communities are

2 increasingly plagued by violence and crime. Approxi3 mately three million thefts and violent crimes occur

4 in or near our Nation’s schools every year, the

5 equivalent of more than 16,000 incidents per school

6 day. Approximately one of every five high school stu7 dents now carries a firearm, knife, or club on a reg8 ular basis.

9 ‘‘(4) The tragic consequences of violence and

10 the illegal use of alcohol and drugs by students are

11 felt not only by students and their families, but by

12 their communities and the Nation, which can ill af13 ford to lose their skills, talents, and vitality.

14 ‘‘(5) While use of illegal drugs is a serious

15 problem among a minority of teenagers, alcohol use

16 is far more widespread. The proportion of high

17 school students using alcohol, though lower than a

18 decade ago, remains unacceptably high. By the 8th

19 grade, 70 percent of youth report having tried alco20 hol and by the 12th grade, about 88 percent have

21 used alcohol. Alcohol use by young people can and

22 does have adverse consequences for users, their fam23 ilies, communities, schools, and colleges.

24 ‘‘(6) Every day approximately 3,000 children

25 start smoking for the first time and 30 percent of
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•HR 6 RFS

1 all high school seniors are smokers. Half of all new

2 smokers begin before the age of 14, 90 percent be3 fore the age of 21, and the average age of the first

4 use of smokeless tobacco products is under the age

5 of 10. Use of tobacco products has been linked to se6 rious health problems. However, because the nicotine

7 in tobacco is an addictive substance, many tobacco

8 users find it difficult to stop using tobacco once they

9 have started. Drug education and prevention pro10 grams that include tobacco have been effective in re11 ducing teenage use of tobacco. Drug prevention pro12 grams for youth that address only controlled drugs

13 send an erroneous message that the use of tobacco

14 does not have adverse consequences. To be credible,

15 messages opposing illegal drug use by youth should

16 also address other harmful substances.

17 ‘‘(7) Drug and violence prevention programs

18 are essential components of a comprehensive strat19 egy to promote school safety and to reduce the de20 mand for and use of drugs throughout the Nation.

21 Schools and local organizations in communities

22 throughout the Nation have a special responsibility

23 to work together to combat the growing epidemic of

24 violence and illegal drug use and should measure the
437

•HR 6 RFS

1 success of their programs against clearly defined

2 goals and objectives.

3 ‘‘(8) Students must take greater responsibility

4 for their own well-being, health, and safety if schools

5 and communities are to achieve their goals of provid6 ing a safe, disciplined, and drug-free learning envi7 ronment.

8 ‘‘SEC. 4003. PURPOSE.

9 ‘‘The purpose of this title is to support programs to

10 meet Goal Six of the National Educational Goals by pre11 venting violence in and around schools and by strengthen12 ing programs that prevent the illegal use of alcohol and

13 drugs, involve parents, and are coordinated with related

14 Federal, State, and community efforts and resources,

15 through the provision of Federal assistance to—

16 ‘‘(1) States for grants to local and intermediate

17 educational agencies and consortia to establish, oper18 ate, and improve local programs of school drug and

19 violence prevention, early intervention, rehabilitation

20 referral, and education in elementary and secondary

21 schools (including intermediate and junior high

22 schools);

23 ‘‘(2) States for grants to local and intermediate

24 educational agencies and consortia for grants to, and

25 contracts with, community-based organizations and
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•HR 6 RFS

1 other public and private non-profit agencies and or2 ganizations for programs of drug and violence pre3 vention, early intervention, rehabilitation referral,

4 and education;

5 ‘‘(3) States for development, training, technical

6 assistance, and coordination activities;

7 ‘‘(4) public and private non-profit organizations

8 to conduct training, demonstrations, and evaluation,

9 and to provide supplementary services for the pre10 vention of drug use and violence among students

11 and youth; and

12 ‘‘(5) institutions of higher education for the de13 velopment and implementation of model programs

14 and strategies to promote the safety of students at15 tending institutions of higher education by prevent16 ing violent behavior and the illegal use of alcohol

17 and drugs by such students.

18 ‘‘SEC. 4004. FUNDING.

19 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated—

21 ‘‘(1) for State grants under part A,

22 $630,000,000 for fiscal year 1995 and such sums as

23 may be necessary for each of fiscal years 1996

24 through 1999; and
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1 ‘‘(2) for national programs under part B,

2 $25,000,000 for fiscal year 1995 and such sums as

3 may be necessary for each of fiscal years 1996

4 through 1999.

5 ‘‘(b) AVAILABILITY.—(1) Appropriations for any fis6 cal year for payments made under this title in accordance

7 with regulations of the Secretary may be made available

8 for obligation or expenditure by the agency or institution

9 concerned on the basis of an academic or school year dif10 fering from such fiscal year.

11 ‘‘(2) Funds appropriated for any fiscal year under

12 this title shall remain available for obligation and expendi13 ture until the end of the fiscal year succeeding the fiscal

14 year for which such funds were appropriated.

15 ‘‘PART A—STATE GRANTS FOR DRUG AND

16 VIOLENCE PREVENTION PROGRAMS

17 ‘‘SEC. 4101. RESERVATIONS AND ALLOTMENTS.

18 ‘‘(a) RESERVATIONS.—From the amount appro19 priated for each fiscal year under section 4004(a)(1), the

20 Secretary—

21 ‘‘(1) shall reserve 1 percent of such amount for

22 grants under this part to Guam, American Samoa,

23 the Virgin Islands, the Commonwealth of the North24 ern Mariana Islands, and Palau (until the effective

25 date of the Compact of Free Association with the
440

•HR 6 RFS

1 Government of Palau), to be allotted in accordance

2 with their respective needs;

3 ‘‘(2) shall reserve 1 percent of such amount for

4 the Secretary of the Interior to carry out programs

5 under this part for Indian youth;

6 ‘‘(3) shall reserve 0.2 percent for programs for

7 Native Hawaiians under section 4202; and

8 ‘‘(4) may reserve no more than $1,000,000 for

9 the national impact evaluation required by section

10 4106(a).

11 ‘‘(b) STATE ALLOTMENTS.—(1) Except as provided

12 under paragraph (2), the Secretary shall, for each fiscal

13 year, allocate among the States—

14 ‘‘(A) one-half of the remainder not reserved

15 under subsection (a) according to the ratio between

16 the school-aged population of each State and the

17 school-aged population of all the States; and

18 ‘‘(B) one-half of such remainder according to

19 the ratio between the amount each State received

20 under section 1124 and 1124A of this Act for the

21 preceding year (or, for fiscal year 1995 only, sec22 tions 1005 and 1006 of this Act as in effect on the

23 day before enactment of the Safe and Drug-Free

24 Schools and Communities Act Amendments of 1994)
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1 and the sum of such amounts received by all the

2 States.

3 ‘‘(2) For any fiscal year, no State shall be allotted

4 under this subsection an amount that is less than one5 half of 1 percent of the total amount allotted to all the

6 States under this subsection.

7 ‘‘(3) The Secretary may reallot any amount of any

8 allotment to a State if the Secretary determines that the

9 State will be unable to use such amount within two years

10 of such allotment. Such reallotments shall be made on the

11 same basis as allotments made under paragraph (1).

12 ‘‘(4) For the purpose of this subsection, the term

13 ‘State’ means each of the 50 States, the District of Colum14 bia, and the Commonwealth of Puerto Rico.

15 ‘‘SEC. 4102. STATE APPLICATIONS.

16 ‘‘(a) IN GENERAL.—In order to receive its allotment

17 under section 4101 for any fiscal year, a State shall sub18 mit to the Secretary, at such time as the Secretary may

19 require, an application that—

20 ‘‘(1)(A)(i) is integrated into the State’s plan, ei21 ther approved or being developed, under title III of

22 the Goals 2000: Educate America Act, and satisfies

23 the requirements of this section that are not already

24 addressed by that plan; and
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•HR 6 RFS

1 ‘‘(ii) is submitted, if necessary, as an amend2 ment to the State’s plan under title III of the Goals

3 2000: Educate America Act; or

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

5 plan under title III of the Goals 2000: Educate

6 America Act and is not developing such a plan, is

7 integrated with other State plans under this Act and

8 satisfies the requirements of this section;

9 ‘‘(2) contains the results of the State’s needs

10 assessment for drug and violence prevention pro11 grams, which shall be based on the results of on12 going State evaluation activities, including data on

13 the prevalence of drug use and violence by youth in

14 schools and communities;

15 ‘‘(3) has been developed in consultation with

16 the chief executive officer, the head of the State al17 cohol and drug abuse agency, the heads of the State

18 health and mental health agencies, the head of the

19 State child welfare agency, and the heads of the

20 State criminal and juvenile justice planning agen21 cies;

22 ‘‘(4) contains a description of the procedures

23 the State educational agency will use to review appli24 cations from local educational agencies under section

25 4104;
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•HR 6 RFS

1 ‘‘(5) contains an assurance that the State will

2 cooperate with, and assist, the Secretary in conduct3 ing a national impact evaluation of programs re4 quired by section 4106(a); and

5 ‘‘(6) includes any other information the Sec6 retary may require.

7 ‘‘(b) STATE EDUCATIONAL AGENCY FUNDS.—A

8 State’s application under this section shall also contain a

9 comprehensive plan for the use of funds under section

10 4103(a) by the State educational agency that includes—

11 ‘‘(1) a statement of the State educational agen12 cy’s measurable goals and objectives for drug and vi13 olence prevention and a description of the proce14 dures it will use for assessing and publicly reporting

15 progress toward meeting those goals and objectives;

16 ‘‘(2) a plan for monitoring the implementation

17 of, and providing technical assistance regarding, the

18 drug and violence prevention programs conducted by

19 local educational agencies in accordance with section

20 4105;

21 ‘‘(3) a description of how the State educational

22 agency will use funds it reserves under section

23 4103(b);

24 ‘‘(4) a description of how the State educational

25 agency will coordinate its activities under this part
444

•HR 6 RFS

1 with drug and violence prevention efforts of other

2 State agencies; and

3 ‘‘(5) an explanation of the criteria the State

4 educational agency will use to identify which local

5 educational agencies receive supplemental funds

6 under section 4103(d)(2)(A)(i)(II) and how the sup7 plemental funds will be allocated among those local

8 educational agencies.

9 ‘‘(c) GOVERNOR’S FUNDS.—A State’s application

10 under this section shall also contain a comprehensive plan

11 for the use of funds under section 4103A by the chief exec12 utive officer that includes—

13 ‘‘(1) a statement of the chief executive officer’s

14 measurable goals and objectives for drug and vio15 lence prevention and a description of the procedures

16 to be used for assessing and publicly reporting

17 progress toward meeting those goals and objectives;

18 ‘‘(2) a description of how the chief executive of19 ficer will coordinate his or her activities under this

20 part with the State educational agency and other

21 State agencies and organizations involved with drug

22 and violence prevention efforts;

23 ‘‘(3) a description of how funds reserved under

24 section 4103A will be used so as not to duplicate the

25 efforts of the State educational agency and local
445

•HR 6 RFS

1 educational agencies with regard to the provision of

2 school-based prevention efforts and services and how

3 those funds will be used to serve populations not

4 normally served by the State educational agency,

5 such as school dropouts and youth in detention cen6 ters;

7 ‘‘(4) a description of how the chief executive of8 ficer will award funds under section 4103A and a

9 plan for monitoring the performance of, and provid10 ing technical assistance to, recipients of such funds;

11 and

12 ‘‘(5) a description of how funds will be used to

13 support community-wide comprehensive drug and vi14 olence prevention planning.

15 ‘‘(d) PEER REVIEW.—The Secretary shall use a peer

16 review process in reviewing State applications under this

17 section.

18 ‘‘(e) INTERIM APPLICATION.—Notwithstanding any

19 other provisions of this section, a State may submit for

20 fiscal year 1995 a one-year interim application and plan

21 for the use of funds under this part that are consistent

22 with the requirements of this section and contain such in23 formation as the Secretary may specify in regulations. The

24 purpose of such interim application and plan shall be to

25 afford the State the opportunity to fully develop and re-
446

•HR 6 RFS

1 view its application and comprehensive plan otherwise re2 quired by this section. A State may not receive a grant

3 under this part for a fiscal year subsequent to fiscal year

4 1995 unless the Secretary has approved its application

5 and comprehensive plan.

6 ‘‘SEC. 4103. STATE AND LOCAL EDUCATIONAL AGENCY PRO7 GRAMS.

8 ‘‘(a) USE OF FUNDS.—(1) Except as provided in

9 paragraph (2), an amount equal to 80 percent of the total

10 amount allocated to a State under section 4101 for each

11 fiscal year shall be used by the State educational agency

12 and its local educational agencies for drug and violence

13 prevention activities in accordance with this section.

14 ‘‘(2)(A) If a State has, on or before January 1, 1994,

15 established an independent State agency for the purpose

16 of administering all of the funds described in section 5121

17 of the Elementary and Secondary Education Act of 1965

18 (as such section was in effect on the day before the date

19 of the enactment of the Improving America’s Schools Act

20 of 1994), then—

21 ‘‘(i) an amount equal to 70 percent of the total

22 amount allocated to such State under section 4101

23 for each fiscal year shall be used by the State edu24 cational agency and its local educational agencies for
447

•HR 6 RFS

1 drug and violence prevention activities in accordance

2 with this section; and

3 ‘‘(ii) an amount equal to 30 percent of such

4 total amount shall be used by such independent

5 State agency for drug and violence prevention activi6 ties in accordance with section 5122 of the Elemen7 tary and Secondary Education Act of 1965 (as such

8 section was in effect on the day before the date of

9 the enactment of the Improving America’s Schools

10 Act of 1994).

11 ‘‘(B) Not more than 2.5 percent of the amount re12 served under subparagraph (A)(ii) may be used for admin13 istrative costs of the independent State agency incurred

14 in carrying out the activities described in such subpara15 graph.

16 ‘‘(C) For purposes of this paragraph, the term ‘inde17 pendent State agency’ means an independent agency with

18 a board of directors or a cabinet level agency whose chief

19 executive officer is appointed by the chief executive officer

20 of the State and confirmed with the advice and consent

21 of the senate of such State.

22 ‘‘(b) STATE LEVEL PROGRAMS.—(1) A State edu23 cational agency shall use no more than five percent of the

24 amount reserved under subsection (a) for activities such

25 as—
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•HR 6 RFS

1 ‘‘(A) training and technical assistance concern2 ing drug and violence prevention for local and inter3 mediate educational agencies, including teachers, ad4 ministrators, counselors, coaches and athletic direc5 tors, other educational personnel, parents, students,

6 community leaders, health service providers, local

7 law enforcement officials, and judicial officials;

8 ‘‘(B) the development, identification, dissemina9 tion and evaluation of the most readily available, ac10 curate, and up-to-date curriculum materials (includ11 ing videotapes, software, and other technology-based

12 learning resources), for consideration by local edu13 cational agencies;

14 ‘‘(C) demonstration projects in drug and vio15 lence prevention;

16 ‘‘(D) financial assistance to enhance resources

17 available for drug and violence prevention in areas

18 serving large numbers of economically disadvantaged

19 children or sparsely populated areas, or to meet

20 other special needs consistent with the purposes of

21 this part; and

22 ‘‘(E) the evaluation of activities carried out

23 within the State under this part.
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•HR 6 RFS

1 ‘‘(2) A State educational agency may carry out activi2 ties under this subsection directly, or through grants or

3 contracts.

4 ‘‘(c) STATE ADMINISTRATION.—A State educational

5 agency may use no more than four percent of the amount

6 reserved under subsection (a) for the administrative costs

7 of carrying out its responsibilities under this part.

8 ‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—(1)

9 A State educational agency shall distribute not less than

10 92 percent of the amount reserved under subsection (a)

11 for each fiscal year to local educational agencies in accord12 ance with this subsection.

13 ‘‘(2)(A)(i) Of the amount distributed under sub14 section (d)(1), a State educational agency shall distrib15 ute—

16 ‘‘(I) 70 percent of such amount to local edu17 cational agencies, based on the relative enrollments

18 in public and private non-profit schools within their

19 boundaries; and

20 ‘‘(II) 30 percent of such amount to local edu21 cational agencies that the State educational agency

22 determines have the greatest need for additional

23 funds to carry out drug and violence prevention pro24 grams authorized by this part.
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•HR 6 RFS

1 ‘‘(ii) To the extent practicable, not less than 25 per2 cent of the amount specified in clause (i)(II) for a fiscal

3 year shall be distributed to local educational agencies lo4 cated in rural areas.

5 ‘‘(B)(i) A State educational agency shall distribute

6 funds under subparagraph (A)(i)(II) to no more than ten

7 percent of its local educational agencies, or five such agen8 cies, whichever is greater.

9 ‘‘(ii) In determining which local educational agencies

10 have the greatest need for additional funds, the State edu11 cational agency shall consider such factors as—

12 ‘‘(I) high rates of alcohol or other drug use

13 among youth;

14 ‘‘(II) high rates of victimization of youth by vio15 lence and crime;

16 ‘‘(III) high rates of arrests and convictions of

17 youth for violent or drug- or alcohol-related crime;

18 ‘‘(IV) the extent of illegal gang activity;

19 ‘‘(V) high rates of referrals of youths to drug

20 and alcohol abuse treatment and rehabilitation pro21 grams;

22 ‘‘(VI) high rates of referrals of youths to juve23 nile court;

24 ‘‘(VII) high rates of expulsions and suspensions

25 of students from schools; and
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•HR 6 RFS

1 ‘‘(VIII) high rates of reported cases of child

2 abuse and domestic violence.

3 ‘‘(e) REALLOCATION OF FUNDS.—If a local edu4 cational agency chooses not to apply to receive the amount

5 allocated to it under subsection (d), or if its application

6 under section 4104 is disapproved by the State edu7 cational agency, the State educational agency shall reallo8 cate such amount to one or more of the local education

9 agencies determined by the State educational agency

10 under subsection (d)(2)(B) to have the greatest need for

11 additional funds.

12 ‘‘(f) RETURN OF FUNDS TO STATE EDUCATIONAL

13 AGENCY; REALLOCATION.—(1) Except as provided in

14 paragraph (2), upon the expiration of the 1-year period

15 beginning on the date that a local educational agency, in16 termediate educational agency, or consortium under this

17 title receives its allocation under this title—

18 ‘‘(A) such agency or consortium shall return to

19 the State educational agency any funds from such

20 allocation that remain unobligated; and

21 ‘‘(B) the State educational agency shall reallo22 cate any such amount to local educational agencies,

23 intermediate educational agencies, or consortia that

24 have plans for using such amount for programs or

25 activities on a timely basis.
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•HR 6 RFS

1 ‘‘(2) In any fiscal year, a local educational agency,

2 intermediate educational agency, or consortium may re3 tain for obligation in the succeeding fiscal year—

4 ‘‘(A) an amount equal to not more than 25 per5 cent of the allocation it receives under this title for

6 such fiscal year; or

7 ‘‘(B) upon a demonstration of good cause by

8 such agency or consortium, a greater amount ap9 proved by the State educational agency.

10 ‘‘SEC. 4103A. GOVERNOR’S PROGRAMS.

11 ‘‘(a) USE OF FUNDS.—(1) An amount equal to 20

12 percent of the total amount allocated to a State under sec13 tion 4101 for each fiscal year shall be used by the chief

14 executive officer of such State for drug and violence pre15 vention programs and activities in accordance with this

16 section.

17 ‘‘(2) A chief executive officer shall use not less than

18 10 percent of the 20 percent of the total amount described

19 in paragraph (1) for each fiscal year for drug abuse resist20 ance education programs in accordance with subsection

21 (e).

22 ‘‘(3) A chief executive officer may use no more than

23 five percent of the 20 percent of the total amount de24 scribed in paragraph (1) for the administrative costs in
453

•HR 6 RFS

1 curred in carrying out the duties of such officer under this

2 section.

3 ‘‘(b) ADVISORY PANEL.—

4 ‘‘(1) ESTABLISHMENT.—

5 ‘‘(A) IN GENERAL.—Except as provided in

6 subparagraph (B), a chief executive officer shall

7 establish an advisory panel in accordance with

8 this subsection for the purpose of developing a

9 plan for the use of funds reserved under sub10 section (a)(1).

11 ‘‘(B) EXCEPTION.—The chief executive of12 ficer of a State shall be exempt from the re13 quirement under subparagraph (A) if such

14 State, on or before January 1, 1994, has estab15 lished an independent agency as described in

16 section 4103(a)(2)(A).

17 ‘‘(2) PLAN.—The advisory panel established

18 under paragraph (1) shall develop a plan under

19 which—

20 ‘‘(A) existing drug and violence prevention

21 programs, projects, and activities in the State

22 (including activities of the State educational

23 agency and local educational agencies and com24 munity-based organizations) that are deter25 mined by the panel to be successful are contin-
454

•HR 6 RFS

1 ued, or, where appropriate, coordinated with

2 new programs, projects, and activities estab3 lished and carried out with funds reserved

4 under subsection (a)(1); and

5 ‘‘(B) technical assistance and training is

6 provided to local educational agencies, consortia

7 of such agencies, and partnerships consisting of

8 such agencies and community-based organiza9 tions, for drug and violence prevention, commu10 nity outreach, and mobilization and coordina11 tion of alcohol, tobacco, and other drug preven12 tion programming.

13 ‘‘(3) MEETINGS.—The advisory panel shall

14 meet at least once every 2 years after the establish15 ment of the plan described in paragraph (2) for the

16 purpose of reviewing and evaluating the use of funds

17 under this section.

18 ‘‘(4) MEMBERSHIP.—

19 ‘‘(A) IN GENERAL.—The advisory panel

20 shall consist of not less than 9 members, but

21 not more than 12 members, including the chief

22 executive officer of the State (or the designee of

23 such chief executive officer) and at least 1 indi24 vidual appointed by such chief executive officer

25 from each of the following categories:
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•HR 6 RFS

1 ‘‘(i) Parents.

2 ‘‘(ii) Students.

3 ‘‘(iii) Chief state school officers (or

4 their designees).

5 ‘‘(iv) School administrators or teach6 ers.

7 ‘‘(v) Substance abuse prevention

8 workers or administrators.

9 ‘‘(vi) Community-based providers.

10 ‘‘(vii) Law enforcement officers or dis11 trict attorneys.

12 ‘‘(viii) Mayors, city councilpersons, or

13 county commissioners.

14 ‘‘(B) POLITICAL AFFILIATION.—Not more

than 1 15 ⁄2 of the members of the advisory panel

16 may be of the same political party.

17 ‘‘(C) COMPENSATION.—Members of the

18 advisory panel shall serve without pay.

19 ‘‘(5) ADMINISTRATIVE EXPENSES.—The admin20 istrative expenses of the advisory panel shall be paid

21 for from the State administrative funds under sub22 section (a)(2).

23 ‘‘(c) PROGRAMS AUTHORIZED.—(1) A chief executive

24 officer shall use funds reserved under subsection (a)(1) for

25 grants to or contracts with parent groups, community ac-
456

•HR 6 RFS

1 tion and job training agencies, community-based organiza2 tions, and other public entities and private nonprofit orga3 nizations. Such grants or contracts shall support pro4 grams and activities described in subsection (d) for chil5 dren and youth who are not normally served by State or

6 local educational agencies, for populations that need spe7 cial services or additional resources (such as preschoolers,

8 youth in juvenile detention facilities, runaway or homeless

9 children and youth, and dropouts), or both.

10 ‘‘(2) Grants or contracts awarded under this sub11 section shall be subject to a peer review process.

12 ‘‘(d) AUTHORIZED ACTIVITIES.—Grants and con13 tracts under subsection (c) shall be used for programs and

14 activities such as—

15 ‘‘(1) disseminating information about drug and

16 violence prevention;

17 ‘‘(2) training parents, law enforcement officials,

18 judicial officials, social service providers, health serv19 ice providers and community leaders about drug and

20 violence prevention, education, early intervention,

21 counseling, or rehabilitation referral;

22 ‘‘(3) developing and implementing comprehen23 sive, community-based drug and violence prevention

24 programs that link community resources with

25 schools and integrate services involving education,
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•HR 6 RFS

1 vocational and job skills training, law enforcement,

2 health, mental health, and other appropriate serv3 ices;

4 ‘‘(4) planning and implementing drug and vio5 lence prevention activities that coordinate the efforts

6 of State agencies with those of the State educational

7 agency and its local educational agencies;

8 ‘‘(5) activities to protect students traveling to

9 and from school;

10 ‘‘(6) developing and implementing strategies to

11 prevent illegal gang activity;

12 ‘‘(7) coordinating and conducting community13 wide violence and safety assessments and surveys;

14 and

15 ‘‘(8) evaluating programs and activities under

16 this section.

17 ‘‘(e) DRUG ABUSE RESISTANCE EDUCATION PRO18 GRAMS.—(1) A chief executive officer shall use funds re19 served under subsection (a)(2) for grants to local edu20 cational agencies in consortium with entities which have

21 experience in assisting school districts to provide instruc22 tion to students grades kindergarten through 6 to recog23 nize and resist pressures that influence such students to

24 use controlled substances, as defined in Schedules I and

25 II of section 202 of the Controlled Substances Act the pos-
458

•HR 6 RFS

1 session or distribution of which is unlawful under such

2 Act, or beverage alcohol, such as Project Drug Abuse Re3 sistance Education, that meet the requirements of para4 graph (2).

5 ‘‘(2) A local educational agency in consortium with

6 an entity shall not be eligible for a grant under paragraph

7 (1) unless such local educational agency in consortium

8 with an entity will use assistance provided under such

9 grant to provide or arrange for the provision of services

10 that shall include—

11 ‘‘(A) drug abuse resistance education instruc12 tion for students grades kindergarten through 6 that

13 is designed to teach students to recognize and resist

14 pressures to experiment that influence such children

15 to use controlled substances, as defined under para16 graph (1), or beverage alcohol, including instruction

17 in the following areas—

18 ‘‘(i) drug use and misuse;

19 ‘‘(ii) understanding the consequences of

20 drug abuse;

21 ‘‘(iii) resistance techniques;

22 ‘‘(iv) assertive response styles;

23 ‘‘(v) managing stress without taking drugs;

24 ‘‘(vi) decisionmaking and risk taking;

25 ‘‘(vii) media influences on drug use;
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•HR 6 RFS

1 ‘‘(viii) positive alternatives to drug abuse

2 behavior;

3 ‘‘(ix) interpersonal and communication

4 skills;

5 ‘‘(x) self-esteem building activities; and

6 ‘‘(xi) resistance to peer pressure and gang

7 pressures;

8 ‘‘(B) provisions for parental involvement;

9 ‘‘(C) classroom instruction by uniformed law

10 enforcement officials;

11 ‘‘(D) the use of positive student leaders to in12 fluence younger students not to use drugs;

13 ‘‘(E) an emphasis on activity-oriented tech14 niques designed to encourage student-generated re15 sponses to problem-solving situations; and

16 ‘‘(F) the awarding of a certificate of achieve17 ment to each student who participates in a drug

18 abuse resistance education program.

19 ‘‘(3) Amounts received under paragraph (1) by any

20 local educational agency or entity shall be used only to

21 supplement, not to supplant, the amount of Federal,

22 State, and local funds expended for the support of projects

23 of the type described in paragraph (2).
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1 ‘‘SEC. 4104. LOCAL APPLICATIONS.

2 ‘‘(a) IN GENERAL.—(1) In order to be eligible to re3 ceive an allocation under section 4103(d) for any fiscal

4 year, a local educational agency shall submit, at such time

5 as the State educational agency requires, an application

6 to the State educational agency for approval. Such an ap7 plication shall be amended, as necessary, to reflect

8 changes in the local educational agency’s program.

9 ‘‘(2)(A) A local educational agency shall develop its

10 application under subsection (a)(1) in consultation with

11 a local or substate regional advisory council that includes,

12 to the extent possible, representatives of local government,

13 business, parents, students, teachers, appropriate state

14 agencies, private schools, the medical profession, law en15 forcement, community-based organizations, and other

16 groups with interest and expertise in drug and violence

17 prevention.

18 ‘‘(B) In addition to assisting the local educational

19 agency to develop its application under this section, the

20 advisory council established or designated under para21 graph (2)(A) shall, on an on-going basis—

22 ‘‘(i) disseminate information about drug and vi23 olence prevention programs, projects, and activities

24 conducted within the boundaries of the local edu25 cational agency;
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1 ‘‘(ii) advise the local educational agency on how

2 best to coordinate its activities under this part with

3 other related programs, projects, and activities, in4 cluding community service and service learning

5 projects, and the agencies that administer them; and

6 ‘‘(iii) review program evaluations and other rel7 evant material and make recommendations to the

8 local educational agency on how to improve its drug

9 and violence prevention programs.

10 ‘‘(b) CONTENTS OF APPLICATIONS.—An application

11 under this section shall contain—

12 ‘‘(1) an assessment of the current use (and con13 sequences of such use) of alcohol, tobacco, and con14 trolled, illegal, addictive or harmful substances as

15 well as the violence, safety, and discipline problems

16 among students who attend the schools of the appli17 cant (including private school students who partici18 pate in the applicant’s drug and violence prevention

19 program) that is based on ongoing local assessment

20 or evaluation activities;

21 ‘‘(2) a detailed explanation of the local edu22 cational agency’s comprehensive plan for drug and

23 violence prevention, which shall include a description

24 of—
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1 ‘‘(A) how that plan is consistent with, and

2 promotes the goals in, the State’s application

3 under section 4102 and the local educational

4 agency’s plan, either approved or being devel5 oped, under title III of the Goals 2000: Educate

6 America Act, or, if the local educational agency

7 does not have such an approved plan and is not

8 developing one, its plan under section 1112 of

9 this Act;

10 ‘‘(B) the local educational agency’s meas11 urable goals for drug and violence prevention,

12 and a description of how it will assess and pub13 licly report progress toward attaining these

14 goals;

15 ‘‘(C) the local educational agency’s com16 prehensive plan for programs to be carried out

17 under this part;

18 ‘‘(D) how the local educational agency will

19 use its regular allocation under section

20 4103(d)(2)(A)(i)(I) and its supplemental alloca21 tion, if any, under section 4103(d)(2)(A)(i)(II);

22 ‘‘(E) how the local educational agency will

23 coordinate its programs and projects with com24 munity-wide efforts to achieve its goals for drug

25 and violence prevention; and
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1 ‘‘(F) how the local education agency will

2 coordinate its programs and projects with other

3 Federal, State, and local programs for drug4 abuse prevention, including health programs;

5 and

6 ‘‘(3) such other information and assurances as

7 the State educational agency may reasonably

8 require.

9 ‘‘(c) REVIEW OF APPLICATION.—(1) In reviewing

10 local applications under this section, a State educational

11 agency shall use a peer review process or other methods

12 of assuring the quality of such applications.

13 ‘‘(2)(A) In determining whether to approve the appli14 cation of a local educational agency under this section, a

15 State educational agency shall consider the quality of the

16 local educational agency’s comprehensive plan under sub17 section (b)(2) and the extent to which it is consistent with,

18 and supports, the State’s application under section 4102

19 and the State’s plan under the Goals 2000: Educate

20 America Act, and, if the State does not have such a plan,

21 its plan under section 1111 of this Act.

22 ‘‘(B) A State educational agency may disapprove a

23 local educational agency application under this section in

24 whole or in part and may withhold, limit, or place restric25 tions on the use of funds allotted to such a local edu-
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1 cational agency in a manner the State educational agency

2 determines will best promote the purposes of this part or

3 the State’s plan under the Goals 2000: Educate America

4 Act, and, if the State does not have such a plan, its plan

5 under section 1111 of this Act, except that a local edu6 cational agency shall be afforded an opportunity to appeal

7 any such disapproval.

8 ‘‘SEC. 4105. LOCAL DRUG AND VIOLENCE PREVENTION PRO9 GRAMS.

10 ‘‘(a) PROGRAM REQUIREMENTS.—A local educational

11 agency shall use funds received under this part to adopt

12 and carry out a comprehensive drug and violence preven13 tion program which shall—

14 ‘‘(1) be designed, for all students and employ15 ees, to—

16 ‘‘(A) prevent the use, possession, and dis17 tribution of tobacco, alcohol and illegal drugs by

18 students and to prevent the illegal use, posses19 sion, and distribution of such substances by em20 ployees;

21 ‘‘(B) prevent violence and promote school

22 safety; and

23 ‘‘(C) create a disciplined environment con24 ducive to learning; and
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1 ‘‘(2) include activities to promote the involve2 ment of parents and coordination with community

3 groups and agencies, including the distribution of in4 formation about the local educational agency’s needs

5 assessments, goals, and programs under this part.

6 ‘‘(b) AUTHORIZED ACTIVITIES.—A comprehensive

7 drug and violence prevention program carried out under

8 this part may include—

9 ‘‘(1) age-appropriate, developmentally based

10 drug prevention and education programs for all stu11 dents, from the preschool level through grade 12,

12 that address the legal, social, personal and health

13 consequences of the use of illegal drugs, promote a

14 sense of individual responsibility, and provide infor15 mation about effective techniques for resisting peer

16 pressure to use illegal drugs;

17 ‘‘(2) programs of drug prevention, comprehen18 sive health education, early intervention, counseling,

19 mentoring, or rehabilitation referral, which empha20 size students’ sense of individual responsibility and

21 which may include—

22 ‘‘(A) the dissemination of information

23 about drug prevention;

24 ‘‘(B) the professional development of

25 school personnel, parents, students, law enforce-
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1 ment officials, judicial officials, health service

2 providers and community leaders in prevention,

3 education, early intervention, counseling or re4 habilitation referral;

5 ‘‘(C) the implementation of strategies, in6 cluding strategies to integrate the delivery of

7 services from a variety of providers, to combat

8 illegal alcohol and other drug use, such as—

9 ‘‘(i) family counseling;

10 ‘‘(ii) early intervention activities that

11 prevent family dysfunction, enhance school

12 performance, and boost attachment to

13 school and family; and

14 ‘‘(iii) activities, such as community

15 service and service-learning projects, that

16 are designed to increase students’ sense of

17 community;

18 ‘‘(3) age-appropriate, developmentally based vi19 olence prevention and education programs for all

20 students, from the preschool level through grade 12,

21 that address the legal, health, personal, and social

22 consequences of violent and disruptive behavior, in23 cluding sexual harassment, and that include activi24 ties designed to help students develop a sense of in-
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•HR 6 RFS

1 dividual responsibility and respect for the rights of

2 others, and to resolve conflicts without violence;

3 ‘‘(4) violence prevention programs for school4 aged youth, which emphasize students’ sense of indi5 vidual responsibility and may include—

6 ‘‘(A) the dissemination of information

7 about school safety and discipline;

8 ‘‘(B) the professional development of

9 school personnel, parents, students, law enforce10 ment officials, judicial officials, and community

11 leaders in designing and implementing strate12 gies to prevent school violence;

13 ‘‘(C) the implementation of strategies, such

14 as conflict resolution and peer mediation, stu15 dent pledges to renounce the use of violence,

16 student non-violence awareness days, student

17 outreach efforts against violence, anti-crime

18 youth councils (which work with school and

19 community-based organizations to discuss and

20 develop crime prevention strategies), and the

21 use of mentoring programs, to combat school vi22 olence and other forms of disruptive behavior,

23 such as sexual harassment; and
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1 ‘‘(D) comprehensive, community-wide

2 strategies to prevent or reduce illegal gang ac3 tivities;

4 ‘‘(5) subject to the requirements of the matter

5 following paragraph (8), not more than one half of

6 the cost of—

7 ‘‘(A) minor remodeling to promote security

8 and reduce the risk of violence, such as remov9 ing lockers, installing better lights, and upgrad10 ing locks; and

11 ‘‘(B) acquiring and installing metal detec12 tors and hiring security personnel;

13 ‘‘(6) the promotion of before-and-after school

14 recreational, instructional, cultural, and artistic pro15 grams in supervised community settings;

16 ‘‘(7) drug abuse resistance education programs,

17 designed to teach students to recognize and resist

18 pressures to use alcohol or other drugs, which may

19 include activities such as classroom instruction by

20 uniformed law enforcement officers, resistance tech21 niques, resistance to peer pressure and gang pres22 sure, and provision for parental involvement; and

23 ‘‘(8) the evaluation of any of the activities au24 thorized under this subsection.
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1 A local educational agency may use no more than 33 per2 cent of the funds it receives under this part for any fiscal

3 year for the activities described in paragraph (5). Local

4 educational agencies may use funds obtained under this

5 part to pay the costs of programs and activities complying

6 with the requirements of this section that are carried out

7 by student organizations.

8 ‘‘(c) ADMINISTRATIVE PROVISIONS.—Notwithstand9 ing any other provisions of law, any funds expended prior

10 to July 1, 1995, under part B of the Drug-Free Schools

11 and Communities Act of 1986 (as in effect prior to enact12 ment of the Improving America’s Schools Act) for the sup13 port of a comprehensive school health program shall be

14 deemed to have been authorized by part B of such Act.

15 ‘‘SEC. 4106. EVALUATION AND REPORTING.

16 ‘‘(a) NATIONAL IMPACT EVALUATION.—The Sec17 retary, in consultation with the Secretary of Health and

18 Human Services, the Director of the Office of National

19 Drug Control Policy, and the Attorney General, shall con20 duct an independent biennial evaluation of the national

21 impact of programs under this part and submit a report

22 of the findings of such evaluation to the President and

23 the Congress.
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1 ‘‘(b) STATE REPORT.—(1) By October 1, 1997, and

2 every third year thereafter, the State educational agency

3 shall submit to the Secretary a report—

4 ‘‘(A) on the implementation and outcomes of

5 State programs under section 4103(b) and local pro6 grams under section 4103(d), as well as an assess7 ment of their effectiveness; and

8 ‘‘(B) on the State’s progress toward attaining

9 its goals for drug and violence prevention under sec10 tion 4103(b)(1).

11 ‘‘(2) The report required by this subsection shall be—

12 ‘‘(A) in the form specified by the Secretary;

13 ‘‘(B) based on the State’s on-going evaluation

14 activities, and shall include data on the prevalence of

15 drug use and violence by youth in schools and com16 munities; and

17 ‘‘(C) made readily available to the public.

18 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—Each

19 local educational agency receiving funds under this sub20 part shall submit to the State educational agency whatever

21 information, and at whatever intervals, the State requires

22 to complete the State report required by subsection (b),

23 including information on the prevalence of drug use and

24 violence by youth in the schools and the community. Such

25 information shall be made readily available to the public.
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1 ‘‘PART B—NATIONAL PROGRAMS

2 ‘‘SEC. 4201. FEDERAL ACTIVITIES.

3 ‘‘(a) PROGRAM AUTHORIZED.—From funds appro4 priated under section 4004(a)(2), the Secretary of Edu5 cation, in consultation with the Secretary of Health and

6 Human Services, the Director of the Office of National

7 Drug Control Policy, and the Attorney General, shall

8 carry out programs to prevent the illegal use of drugs and

9 violence among, and promote safety and discipline for, stu10 dents at all educational levels, preschool through post11 secondary. The Secretary shall carry out such programs

12 directly, or through grants, contracts, or cooperative

13 agreements with public and private organizations and indi14 viduals, or through agreements with other Federal agen15 cies, and shall coordinate such programs with other appro16 priate Federal activities. Such programs may include—

17 ‘‘(1) the development and demonstration of in18 novative strategies for training school personnel,

19 parents, and members of the community, including

20 the demonstration of model preservice training pro21 grams for prospective school personnel;

22 ‘‘(2) demonstrations and rigorous evaluations of

23 innovative approaches to drug and violence preven24 tion that are carried out in cooperation with other

25 Federal agencies, including the Department of

26 Health and Human Services, the Department of
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1 Justice, the Department of Housing and Urban De2 velopment, and the Department of Labor;

3 ‘‘(3) the provision of information on drug abuse

4 education and prevention to the Secretary of Health

5 and Human Services for dissemination by the clear6 inghouse for alcohol and drug abuse information es7 tablished under section 509 of the Public Health

8 Service Act;

9 ‘‘(4) the development, dissemination, and imple10 mentation of model programs and strategies to pro11 mote the safety of students attending institutions of

12 higher education by preventing violent behavior and

13 the illegal use of alcohol and other drugs by such

14 students;

15 ‘‘(5) the development of curricula related to

16 child abuse prevention and education and the train17 ing of personnel to teach child abuse education and

18 prevention to elementary and secondary school chil19 dren;

20 ‘‘(6) program evaluations that address issues

21 not addressed under section 4106(a);

22 ‘‘(7) direct services to schools and school sys23 tems afflicted with especially severe drug and vio24 lence problems;
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1 ‘‘(8) activities in communities designated as

2 empowerment zones or enterprise communities that

3 will connect schools to community-wide efforts to re4 duce drug and violence problems;

5 ‘‘(9) developing and disseminating drug and vi6 olence prevention materials, including video-based

7 projects and model curricula;

8 ‘‘(10) developing and implementing a com9 prehensive violence prevention strategy for schools

10 and communities, that may include conflict resolu11 tion, peer mediation, the teaching of law and legal

12 concepts, and other activities designed to stop vio13 lence;

14 ‘‘(11) the implementation of innovative activi15 ties, such as community service projects, designed to

16 rebuild safe and healthy neighborhoods and increase

17 students’ sense of individual responsibility;

18 ‘‘(12) other activities that meet unmet national

19 needs related to the purposes of this title; and

20 ‘‘(13) grants to noncommercial telecommuni21 cations entities for the production and distribution

22 of national video-based projects that provide young

23 people with models for conflict resolution and re24 sponsible decisionmaking.
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1 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

2 review process in reviewing applications for funds under

3 this section.

4 ‘‘SEC. 4202. PROGRAMS FOR NATIVE HAWAIIANS.

5 ‘‘(a) GENERAL AUTHORITY.—From the funds re6 served pursuant to section 4101(a)(3), the Secretary shall

7 make grants to or enter into cooperative agreements or

8 contracts with organizations primarily serving and rep9 resenting Native Hawaiians which are recognized by the

10 Governor of the State of Hawaii to plan, conduct, and ad11 minister programs, or portions thereof, which are author12 ized by and consistent with the provisions of this for the

13 benefit of Native Hawaiians.

14 ‘‘(b) DEFINITION OF ‘NATIVE HAWAIIAN’.—For the

15 purposes of this section, the term ‘Native Hawaiian’

16 means any individual any of whose ancestors were natives,

17 prior to 1778, of the area which now comprises the State

18 of Hawaii.

19 ‘‘SEC. 4203. HATE CRIME PREVENTION.

20 ‘‘(a) GRANT AUTHORIZATION.—The Secretary of

21 Education may make grants to local educational agencies

22 and community-based organizations for the purpose of

23 providing assistance to localities most directly affected by

24 hate crimes.

25 ‘‘(b) USE OF FUNDS.—
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1 ‘‘(1) PROGRAM DEVELOPMENT.—Grants under

2 this section may be used to improve elementary and

3 secondary educational efforts, including—

4 ‘‘(A) development of education and train5 ing programs designed to prevent and to reduce

6 the incidence of crimes and conflicts motivated

7 by hate;

8 ‘‘(B) development of curricula for the pur9 pose of improving conflict or dispute resolution

10 skills of students, teachers, and administrators;

11 ‘‘(C) development and acquisition of equip12 ment and instructional materials to meet the

13 needs of, or otherwise be part of, hate crime or

14 conflict programs; and

15 ‘‘(D) professional training and develop16 ment for teachers and administrators on the

17 causes, effects, and resolutions of hate crimes

18 or hate-based conflicts.

19 ‘‘(2) IN GENERAL.—In order to be eligible to

20 receive a grant under this section for any fiscal year,

21 a local educational agency or a local educational

22 agency in conjunction with a community-based orga23 nization shall submit an application to the Secretary

24 in such form and containing such information as the

25 office may reasonably require.
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1 ‘‘(3) REQUIREMENTS.—Each application under

2 subsection (a) shall include—

3 ‘‘(A) a request for funds for the purposes

4 described in this section;

5 ‘‘(B) a description of the schools and com6 munities to be served by the grants; and

7 ‘‘(C) assurances that Federal funds re8 ceived under this section shall be used to sup9 plement, not supplant, non-Federal funds.

10 ‘‘(4) COMPREHENSIVE PLAN.—Each application

11 shall include a comprehensive plan that contains—

12 ‘‘(A) a description of the hate crime or

13 conflict problems within the schools or the com14 munity targeted for assistance;

15 ‘‘(B) a description of the program to be

16 developed or augmented by these Federal and

17 matching funds;

18 ‘‘(C) assurances that such program or ac19 tivity shall be administered by or under the su20 pervision of the applicant;

21 ‘‘(D) proper and efficient administration of

22 such program; and

23 ‘‘(E) fiscal control and fund accounting

24 procedures as may be necessary to ensure pru-
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1 dent use, proper disbursement, and accurate ac2 counting of funds received under this section.

3 ‘‘(c) ALLOCATION OF FUNDS.—From the funds au4 thorized under this part, the Secretary of Education may

5 carry out programs under this section.

6 ‘‘(d) AWARD OF GRANTS.—

7 ‘‘(1) SELECTION OF RECIPIENTS.—The Sec8 retary shall consider the incidence of crimes and

9 conflicts motivated by bias in the targeted schools

10 and communities in awarding grants under this

11 section.

12 ‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Sec13 retary shall attempt, to the extent practicable, to

14 achieve an equitable geographic distribution of grant

15 awards.

16 ‘‘(3) DISSEMINATION OF INFORMATION.—The

17 Secretary shall attempt, to the extent practicable, to

18 make available information regarding successful hate

19 crime prevention programs, including programs es20 tablished or expanded with grants under this section.

21 ‘‘(e) REPORTS.—The Secretary shall submit to the

22 Congress a report every 2 years which shall contain a de23 tailed statement regarding grants and awards, activities

24 of grant recipients and an evaluation of programs estab25 lished under this section.
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1 ‘‘(f) DEFINITIONS.—For the purposes of this sec2 tion—

3 ‘‘(1) the term ‘hate crime’ means a crime as de4 fined by the Hate Crime Satistics Act of 1990;

5 ‘‘(2) the term ‘local educational agency’ means

6 a public board of education or other public authority

7 legally constituted within a State for either adminis8 trative control or direction of, or to perform a serv9 ice function for, public elementary and secondary

10 schools in a city, county, township, school district, or

11 other political subdivision of a State, or such com12 bination of school districts or counties as are recog13 nized in a State as an administrative agency for its

14 public elementary and secondary schools and in15 cludes any other public institution or agency having

16 administrative control and direction of a public ele17 mentary or secondary school; and

18 ‘‘(3) the term ‘community-based organization’

19 means a private nonprofit organization which is rep20 resentative of a community or significant segments

21 of a community and which provides educational or

22 related services to individuals in the community.
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1 ‘‘PART C—GENERAL PROVISIONS

2 ‘‘SEC. 4301. DEFINITIONS.

3 ‘‘For the purposes of this title, the following terms

4 have the following meanings:

5 ‘‘(1) The term ‘drug and violence prevention’

6 means—

7 ‘‘(A) with respect to drugs, prevention,

8 early intervention, rehabilitation referral, or

9 education related to the illegal use of alcohol,

10 the use of tobacco and the use of controlled, il11 legal, addictive, or harmful substances, includ12 ing inhalants and anabolic steroids; and

13 ‘‘(B) with respect to violence, the pro14 motion of school safety, such that students and

15 school personnel are free from violent and dis16 ruptive acts, including sexual harassment, on

17 school premises, going to and from school, and

18 at school-sponsored activities, through the cre19 ation and maintenance of a school environment

20 that is free of weapons and fosters individual

21 responsibility and respect for the rights of

22 others.

23 ‘‘(2) The term ‘nonprofit’, as applied to a

24 school, agency, organization, or institution means a

25 school, agency, organization, or institution owned

26 and operated by one or more nonprofit corporations
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1 or associations, no part of the net earnings of which

2 inures, or may lawfully inure, to the benefit of any

3 private shareholder or individual.

4 ‘‘(3) The term ‘school-aged population’ means

5 the population aged five through 17, inclusive, as de6 termined by the Secretary on the basis of the most

7 recent satisfactory data available from the Depart8 ment of Commerce.

9 ‘‘(4) The term ‘school personnel’ includes teach10 ers, administrators, guidance counselors, social

11 workers, psychologists, nurses, librarians, and other

12 support staff who are employed by a school or who

13 perform services for the school on a contractual

14 basis.

15 ‘‘SEC. 4302. MATERIALS.

16 ‘‘(a) ‘WRONG AND HARMFUL’ MESSAGE.—Drug pre17 vention programs supported under this title shall convey

18 a clear and consistent message that the illegal use of alco19 hol and other drugs is wrong and harmful.

20 ‘‘(b) CURRICULUM.—The Secretary shall not pre21 scribe the use of specific curricula for programs supported

22 under this title, but may evaluate the effectiveness of such

23 curricula and other strategies in drug and violence preven24 tion.
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1 ‘‘SEC. 4303. PROHIBITED USES OF FUNDS.

2 ‘‘No funds under this title may be used for—

3 ‘‘(1) construction (except for minor remodeling

4 needed to accomplish the purposes of this title);

5 ‘‘(2) drug treatment or rehabilitation; and

6 ‘‘(3) psychiatric, psychological, or other medical

7 treatment or rehabilitation, other than school-based

8 counseling for students or school personnel who are

9 victims or witnesses of school-related crime.

10 ‘‘SEC. 4304. CERTIFICATION OF DRUG AND ALCOHOL ABUSE

11 PREVENTION PROGRAMS.

12 ‘‘(a) IN GENERAL.—Notwithstanding any other pro13 vision of law other than section 432 of the General Edu14 cation Provisions Act and section 103(b) of the Depart15 ment of Education Organization Act, no local educational

16 agency shall be eligible to receive funds or any other form

17 of financial assistance under any Federal program unless

18 it certifies to the State educational agency that it has

19 adopted and has implemented a program to prevent the

20 use of illicit drugs and alcohol by students or employees

21 that, at a minimum, includes—

22 ‘‘(1) age-appropriate, developmentally based

23 drug and alcohol education and prevention programs

24 (which address the legal, social, and health con25 sequences of drug and alcohol use and which provide

26 information about effective techniques for resisting
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1 peer pressure to use illicit drugs or alcohol) for stu2 dents in all grades of the schools operated or served

3 by the applicant, from early childhood level through

4 grade 12;

5 ‘‘(2) conveying to students that the use of illicit

6 drugs and the unlawful possession and use of alcohol

7 is wrong and harmful;

8 ‘‘(3) standards of conduct that are applicable to

9 students and employees in all the applicant’s schools

10 and that clearly prohibit, at a minimum, the unlaw11 ful possession, use, or distribution of illicit drugs

12 and alcohol by students and employees on school

13 premises or as part of any of its activities;

14 ‘‘(4) a clear statement that sanctions (consist15 ent with local, State, and Federal law), up to and

16 including expulsion or termination of employment

17 and referral for prosecution, will be imposed on stu18 dents and employees who violate the standards of

19 conduct required by paragraph (3) and a description

20 of those sanctions;

21 ‘‘(5) information about any available drug and

22 alcohol counseling and rehabilitation and re-entry

23 programs that are available to students and employ24 ees;
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1 ‘‘(6) a requirement that parents, students, and

2 employees be given a copy of the standards of con3 duct required by paragraph (3) and the statement of

4 sanctions required by paragraph (4);

5 ‘‘(7) notifying parents, students, and employees

6 that compliance with the standards of conduct re7 quired by paragraph (3) is mandatory; and

8 ‘‘(8) a biennial review by the applicant of its

9 program to—

10 ‘‘(A) determine its effectiveness and imple11 ment changes to the program if they are need12 ed; and

13 ‘‘(B) ensure that the sanctions required by

14 paragraph (4) are consistently enforced.

15 ‘‘(b) DISSEMINATION OF INFORMATION.—Each local

16 educational agency that provides the certification required

17 by subsection (a) shall, upon request, make available to

18 the Secretary, the State educational agency, and to the

19 public full information about the elements of its program

20 required by subsection (a), including the results of its

21 biennial review.

22 ‘‘(c) CERTIFICATION TO SECRETARY.—Each State

23 educational agency shall certify to the Secretary that it

24 has adopted and has implemented a program to prevent

25 the use of illicit drugs and the abuse of alcohol by its stu-
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1 dents and employees that is consistent with the program

2 required by subsection (a) of this section. The State edu3 cational agency shall, upon request, make available to the

4 Secretary and to the public full information about the ele5 ments of its program.

6 ‘‘(d) REGULATIONS.—(1) The Secretary shall publish

7 regulations to implement and enforce the provisions of this

8 section, including regulations that provide for—

9 ‘‘(A) the periodic review by State educational

10 agencies of a representative sample of programs re11 quired by subsection (a); and

12 ‘‘(B) a range of responses and sanctions for

13 local educational agencies that fail to implement

14 their programs or to consistently enforce their sanc15 tions, including information and technical assistance,

16 the development of a compliance agreement, and the

17 termination of any form of Federal financial assist18 ance.

19 ‘‘(2) The sanctions required by subsection (a)(1)(4)

20 may include the completion of an appropriate rehabilita21 tion program.

22 ‘‘(e) APPEAL REGARDING TERMINATION OF ASSIST23 ANCE.—Upon a determination by the Secretary to termi24 nate financial assistance to any local educational agency

25 under this section, the agency may file an appeal with an
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1 administrative law judge before the expiration of the 30-

2 day period beginning on the date such agency is notified

3 of the decision to terminate financial assistance under this

4 section. Such judge shall hold a hearing with respect to

5 such termination of assistance before the expiration of the

6 45-day period beginning on the date that such appeal is

7 filed. Such judge may extend such 45-day period upon a

8 motion by the agency concerned. The decision of the judge

9 with respect to such termination shall be considered to be

10 a final agency action.

11 ‘‘TITLE V—PROMOTING EQUITY

12 ‘‘PART A—MAGNET SCHOOLS ASSISTANCE

13 ‘‘SEC. 5101. FINDINGS.

14 ‘‘The Congress finds that—

15 ‘‘(1) magnet schools are a significant part of

16 our Nation’s effort to achieve voluntary desegrega17 tion in its schools;

18 ‘‘(2) the use of magnet schools has increased

19 dramatically since enactment of the magnet pro20 gram, with approximately 1.4 million students na21 tionwide now attending such schools, of which more

22 than 60 percent of the students are nonwhite;

23 ‘‘(3) magnet schools offer a wide range of dis24 tinctive programs that have served as models for

25 school improvement efforts;
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1 ‘‘(4) in administering this program, the Federal

2 Government has learned that—

3 ‘‘(A) where magnet programs are imple4 mented for only a portion of a school’s student

5 body, special efforts must be made to discour6 age the isolation of magnet students from other

7 students in the school;

8 ‘‘(B) local educational agencies can maxi9 mize their effectiveness in achieving the pur10 poses of this program if they have more flexibil11 ity to serve students attending a school who are

12 not enrolled in the magnet school program;

13 ‘‘(C) local educational agencies must be

14 creative in designing magnet schools for stu15 dents at all academic levels, so that school dis16 tricts do not skim off only the highest achieving

17 students to attend the magnet schools;

18 ‘‘(D) local educational agencies must seek

19 to enable participation in magnet school pro20 grams by students who reside in the neighbor21 hoods where the programs are placed; and

22 ‘‘(E) in order to ensure that magnet

23 schools are sustained after Federal funding

24 ends, the Federal Government must assist local

25 educational agencies to improve their capacity
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1 to continue to operate magnet schools at a high

2 level of performance;

3 ‘‘(5) it is in the best interest of the Federal

4 Government to—

5 ‘‘(A) continue its support of local edu6 cational agencies implementing court-ordered

7 desegregation plans and local educational agen8 cies seeking to foster meaningful interaction

9 among students of different racial and ethnic

10 backgrounds beginning at the earliest stage of

11 their education;

12 ‘‘(B) ensure that all students have equi13 table access to quality education that will pre14 pare them to function well in a culturally di15 verse, technologically-oriented, and highly com16 petitive global community; and

17 ‘‘(C) maximize the ability of local edu18 cational agencies to plan, develop, implement

19 and continue new and innovative programs in

20 magnet schools that contribute to State and

21 local systemic reform.

22 ‘‘SEC. 5102. STATEMENT OF PURPOSE.

23 ‘‘The purpose of this part is to assist in the desegre24 gation of local educational agencies by providing financial

25 assistance to eligible local educational agencies for—
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1 ‘‘(1) the elimination, reduction, or prevention of

2 minority group isolation in elementary and second3 ary schools with substantial proportions of minority

4 students;

5 ‘‘(2) the development and implementation of

6 magnet school projects that will assist local edu7 cational agencies in achieving systemic reforms and

8 providing all students the opportunity to meet chal9 lenging State performance standards;

10 ‘‘(3) the development and design of innovative

11 educational methods and practices; and

12 ‘‘(4) courses of instruction within magnet

13 schools that will substantially strengthen the knowl14 edge of academic subjects and the grasp of tangible

15 and marketable vocational skills of students attend16 ing such schools.

17 ‘‘SEC. 5103. PROGRAM AUTHORIZED.

18 ‘‘The Secretary is authorized, in accordance with this

19 part, to make grants to eligible local educational agencies

20 for use in magnet schools that are part of an approved

21 desegregation plan and that are designed to bring students

22 from different social, economic, ethnic, and racial back23 grounds together.
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1 ‘‘SEC. 5104. DEFINITION.

2 ‘‘For the purpose of this part, the term ‘magnet

3 school’ means a school or education center that offers a

4 special curriculum capable of attracting substantial num5 bers of students of different racial backgrounds.

6 ‘‘SEC. 5105. ELIGIBILITY.

7 ‘‘A local educational agency is eligible to receive as8 sistance under this part if it—

9 ‘‘(1) is implementing a plan undertaken pursu10 ant to a final order issued by a court of the United

11 States, or a court of any State, or any other State

12 agency or official of competent jurisdiction, and that

13 requires the desegregation of minority-group-seg14 regated children or faculty in the elementary and

15 secondary schools of such agency; or

16 ‘‘(2) without having been required to do so, has

17 adopted and is implementing, or will, if assistance is

18 made available to it under this part, adopt and im19 plement a plan that has been approved by the Sec20 retary as adequate under title VI of the Civil Rights

21 Act of 1964 for the desegregation of minority-group22 segregated children or faculty in such schools.

23 ‘‘SEC. 5106. APPLICATIONS AND REQUIREMENTS.

24 ‘‘(a) APPLICATIONS.—An eligible local educational

25 agency desiring to receive assistance under this part shall

26 submit an application to the Secretary at such time, in
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1 such manner, and containing such information and assur2 ances as the Secretary may require.

3 ‘‘(b) INFORMATION AND ASSURANCES.—An applica4 tion under this part shall include—

5 ‘‘(1) a description of—

6 ‘‘(A) how assistance made available under

7 this part will be used to promote desegregation,

8 including how the proposed magnet school

9 project will increase interaction among students

10 of different social, economic, ethnic, and racial

11 backgrounds;

12 ‘‘(B) the manner and extent to which the

13 magnet school project will increase student

14 achievement in the instructional area or areas

15 offered by the school;

16 ‘‘(C) the manner in which an applicant will

17 continue the magnet school project after assist18 ance under this part is no longer available, in19 cluding, if applicable, an explanation of whether

20 successful magnet schools established or sup21 ported by the applicant with funds under this

22 part have been continued without the use of

23 funds under this part;

24 ‘‘(D) how funds under this part will be

25 used to implement services and activities that
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1 are consistent with the State’s and local edu2 cational agency’s systemic reform plan, if any,

3 under title III of the Goals 2000: Educate

4 America Act; and

5 ‘‘(E) the criteria to be used in selecting

6 students to attend the proposed magnet school

7 projects; and

8 ‘‘(2) assurances that the applicant will—

9 ‘‘(A) use funds under this part for the pur10 poses specified in section 5103;

11 ‘‘(B) employ teachers in the courses of in12 struction assisted under this part who are cer13 tified or licensed by the State to teach the sub14 ject matter of the courses of instruction;

15 ‘‘(C) not engage in discrimination based on

16 race, religion, color, national origin, sex, or dis17 ability in—

18 ‘‘(i) the hiring, promotion, or assign19 ment of employees of the agency or other

20 personnel for whom the agency has any ad21 ministrative responsibility;

22 ‘‘(ii) the assignment of students to

23 schools, or to courses of instruction within

24 the school, of such agency, except to carry

25 out the approved plan; and
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1 ‘‘(iii) designing or operating extra2 curricular activities for students;

3 ‘‘(D) carry out a high-quality education

4 program that will encourage greater parental

5 decisionmaking and involvement; and

6 ‘‘(E) give students residing in the local at7 tendance area of the proposed magnet school

8 projects equitable consideration for places in

9 those projects.

10 ‘‘(c) SPECIAL RULE.—No application may be ap11 proved under this section unless the Assistant Secretary

12 of Education for Civil Rights determines that the assur13 ances described in subsection (b)(2)(C) will be met.

14 ‘‘SEC. 5107. PRIORITY.

15 ‘‘In approving applications under this part, the Sec16 retary shall give priority to applicants that—

17 ‘‘(1) have the greatest need for assistance,

18 based on the expense or difficulty of effectively car19 rying out an approved desegragation plan and the

20 projects for which assistance is sought;

21 ‘‘(2) propose to carry out new magnet school

22 projects or significantly revise existing magnet

23 school projects;
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1 ‘‘(3) propose to select students to attend mag2 net school projects by methods such as lottery, rath3 er than through academic examination;

4 ‘‘(4) propose to implement innovative edu5 cational approaches that are consistent with the

6 State’s and local educational agency’s approved sys7 temic reform plans, if any, under title III of the

8 Goals 2000: Educate America Act; and

9 ‘‘(5) propose to draw on comprehensive commu10 nity involvement plans.

11 ‘‘SEC. 5108. USE OF FUNDS.

12 ‘‘(a) USE OF FUNDS.—Grants made under this part

13 may be used by eligible local educational agencies—

14 ‘‘(1) for planning and promotional activities di15 rectly related to the development, expansion, con16 tinuation, or enhancement of academic programs

17 and services offered at magnet schools;

18 ‘‘(2) for the acquisition of books, materials, and

19 equipment, including computers and the mainte20 nance and operation thereof, necessary for the con21 duct of programs in magnet schools;

22 ‘‘(3) for the payment of, or subsidization of the

23 compensation of, elementary and secondary school

24 teachers who are certified or licensed by the State
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1 and who are necessary to conduct programs in mag2 net schools; and

3 ‘‘(4) with respect to a magnet school program

4 offered to less than the entire student population of

5 a school, for instructional activities that—

6 ‘‘(A) are designed to make available the

7 special curriculum that is offered by the magnet

8 school project to students who are enrolled in

9 the school but who are not enrolled in the mag10 net school program; and

11 ‘‘(B) further the purposes of this part.

12 ‘‘(b) SPECIAL RULE.—With respect to subsections

13 (a) (2) and (3), such grants may be used by eligible local

14 educational agencies for such activities only if such activi15 ties are directly related to improving the students’ reading

16 skills or their knowledge of mathematics, science, history,

17 geography, English, foreign languages, art, or music, or

18 to improving vocational skills.

19 ‘‘SEC. 5109. PROHIBITIONS.

20 ‘‘Grants under this part may not be used for trans21 portation, or for any activity that does not augment aca22 demic improvement.

23 ‘‘SEC. 5110. LIMITATION ON PAYMENTS.

24 ‘‘(a) DURATION OF AWARDS.—Awards made under

25 this part shall not exceed 3 years.
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1 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local

2 educational agency may expend for planning up to 50 per3 cent of the funds received under this part for the first

4 year of the project, 15 percent for the second year of the

5 project, and up to 10 percent for the third year of the

6 project.

7 ‘‘(c) LIMITATION ON GRANTS.—A local educational

8 agency shall not receive more than $4,000,000 under this

9 part in any one grant cycle.

10 ‘‘(d) AWARD REQUIREMENT.—To the extent prac11 ticable, for any fiscal year, the Secretary shall award

12 grants to local educational agencies under this part no

13 later than June 1 of the applicable fiscal year.

14 ‘‘SEC. 5111. AUTHORIZATION OF APPROPRIATIONS; RES15 ERVATION.

16 ‘‘(a) AUTHORIZATION.—For the purpose of carrying

17 out this part, there are authorized to be appropriated

18 $120,000,000 for fiscal year 1995 and such sums as may

19 be necessary for each of the fiscal years 1996, 1997, 1998,

20 and 1999.

21 ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO

22 AGENCIES NOT PREVIOUSLY ASSISTED.—In any fiscal

23 year for which the amount appropriated pursuant to sub24 section (a) exceeds $75,000,000, the Secretary shall, with

25 respect to such excess amount, give priority to grants to
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1 local educational agencies that did not receive a grant

2 under this part in the last fiscal year of the funding cycle

3 prior to the fiscal year for which the determination is

4 made.

5 ‘‘(c) EVALUATIONS.—The Secretary may reserve not

6 more than 2 percent of the funds appropriated under sub7 section (a) for any fiscal year to carry out evaluations of

8 projects under this part.

9 ‘‘PART B—WOMEN’S EDUCATIONAL EQUITY ACT

10 ‘‘SEC. 5201. FINDINGS AND STATEMENT OF PURPOSE.

11 ‘‘(a) FINDINGS.—The Congress finds and declares

12 that—

13 ‘‘(1) educational programs in the United States

14 are frequently inequitable as such programs relate to

15 women and girls;

16 ‘‘(2) such inequities limit the full participation

17 of all individuals in American society; and

18 ‘‘(3) efforts to improve the quality of public

19 education also must include efforts to ensure equal

20 access to quality education programs for all women

21 and girls.

22 ‘‘(b) PURPOSE.—The purpose of this part is to pro23 vide gender equity in education in the United States; to

24 provide financial assistance to enable educational agencies

25 and institutions to meet the requirements of title IX of
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1 the Educational Amendments of 1972; and to provide eq2 uity in education to women and girls who suffer multiple

3 forms of discrimination based on sex, race, ethnic origin,

4 limited English proficiency, disability, or age.

5 ‘‘SEC. 5202. PROGRAMS AUTHORIZED.

6 ‘‘The Secretary is authorized—

7 ‘‘(1) to promote, coordinate and evaluate gen8 der equity policies, programs, activities and initia9 tives in all federal education program and offices;

10 ‘‘(2) to develop, maintain, and disseminate ma11 terials, resources, analyses and research relating to

12 education equity for women and girls;

13 ‘‘(3) to provide information and technical as14 sistance to assure the effective implementation of

15 gender equity programs;

16 ‘‘(4) to coordinate gender equity programs and

17 activities with other federal agencies with jurisdic18 tion over education and related programs;

19 ‘‘(5) to provide grants to develop model equity

20 programs;

21 ‘‘(6) to provide funds for the implementation of

22 equity programs in schools throughout the Nation;

23 ‘‘(7) to assist the Assistant Secretary of the Of24 fice of Educational Research and Improvement in
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1 identifying research priorities related to education

2 equity for women and girls; and

3 ‘‘(8) any other activities consistent with achiev4 ing the purposes of this part.

5 ‘‘SEC. 5203. LOCAL IMPLEMENTATION GRANTS.

6 ‘‘(a) AUTHORITY.—The Secretary is authorized to

7 make grants to, and enter into contracts with, public agen8 cies, private nonprofit agencies, organizations, and institu9 tions, including students and community groups, for ac10 tivities designed to achieve the purposes of this part at

11 all levels of education, including preschool, elementary and

12 secondary education, higher education, adult education

13 and vocational/technical education; for the establishment

14 and operation, for a period not to exceed four years, of

15 local programs to ensure—

16 ‘‘(1) educational equity for women and girls;

17 ‘‘(2) equal opportunities for both sexes; and

18 ‘‘(3) to conduct activities incident to achieving

19 compliance with title IX of the Education Amend20 ments of 1972.

21 ‘‘(b) GRANT PROGRAM.—Authorized activities under

22 subsection (a) may include—

23 ‘‘(1) introduction into the curriculum and class24 room of curricula, textbooks, and other material de25 signed to achieve equity for women and girls;
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1 ‘‘(2) implementation of preservice and inservice

2 training with special emphasis on programs and ac3 tivities designed to provide educational equity for

4 women and girls;

5 ‘‘(3) evaluation of promising or exemplary

6 model programs to assess their ability to improve

7 local efforts to advance educational equity for

8 women and girls;

9 (4) implementation of programs and policies to

10 address sexual harassment and violence against

11 women and girls and to ensure that educational in12 stitutions are free from threats to the safety of stu13 dents and personnel;

14 ‘‘(5) implementation of guidance and counseling

15 activities, including career education program, de16 signed to ensure educational equity for women and

17 girls;

18 ‘‘(6) implementation of nondiscriminatory tests

19 of aptitude and achievement and of alternative as20 sessments that eliminate biased assessment instru21 ments from use;

22 ‘‘(7) implementation of programs to increase

23 educational opportunities, including higher edu24 cation, vocational training, and other educational

25 programs for low income women; including under-
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1 employed and unemployed women and women receiv2 ing Aid to Families with Dependent Children bene3 fits;

4 ‘‘(8) implementation of programs to improve

5 representation of women in educational administra6 tion at all levels; and

7 ‘‘(9) planning, development and initial imple8 mentation of—

9 ‘‘(A) comprehensive plans for implementa10 tion of equity programs in state and local edu11 cational agencies and institutions of higher edu12 cation; including community colleges;

13 ‘‘(B) innovative approaches to school-com14 munity partnerships for educational equity; and

15 ‘‘(C) innovative approaches to equity pro16 grams addressing combined bias, stereotyping,

17 and discrimination on the basis of sex and race,

18 ethnic origin, limited English proficiency, and

19 disability.

20 ‘‘(c) APPLICATION; PARTICIPATION.—A grant may be

21 made, and a contract may be entered into, under this part

22 only upon application to the Secretary, at such time, in

23 such form, and containing or accompanied by such infor24 mation as the Secretary may prescribe. Each such applica25 tion shall—
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1 ‘‘(1) provide that the program or activity for

2 which assistance is sought will be administered by or

3 under the supervision of the applicant and in co4 operation with appropriate educational and commu5 nity leaders, including parent, teacher and student

6 organizations, educational institutions, business

7 leaders, community-based organizations serving

8 women, and other significant groups and individuals;

9 ‘‘(2) describe a program for carrying out the

10 purpose set forth in section 5203(b) which holds

11 promise of making substantial contribution toward

12 attaining such purposes;

13 ‘‘(3) describe plans for continuation and institu14 tionalization of the program with local support fol15 lowing completion of the grant period and termi16 nation of Federal support under this part; and

17 ‘‘(4) establish policies and procedures which en18 sure adequate documentation and evaluation of the

19 activities intended to be carried out under the appli20 cation.

21 ‘‘(d) CRITERIA; PRIORITIES; CATEGORIES OF COM22 PETITION.—The Secretary shall establish criteria, prior23 ities, and categories of competition for awards under this

24 part to ensure that available funds are used for those pur-
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1 poses that most effectively will achieve the purposes of the

2 Act.

3 ‘‘(1) The criteria shall address the extent to

4 which—

5 ‘‘(A) the program addresses the needs of

6 women and girls of color and women and girls

7 with disabilities;

8 ‘‘(B) the program meets locally defined

9 and documented educational equity needs and

10 priorities, including title IX compliance;

11 ‘‘(C) the program is a significant compo12 nent of a comprehensive plan for educational

13 equity and title IX compliance in the particular

14 school district, institution of higher education,

15 vocational-technical institution, or other edu16 cational agency or institution; and

17 ‘‘(D) the program implements an institu18 tional change strategy with long-term impact

19 and will continue as a central activity of the ap20 plicant agency or institution after the grant is

21 completed.

22 ‘‘(2) The Secretary shall establish priorities,

23 one of which shall be a priority for compliance with

24 title IX of the Education Amendments of 1972. Not

25 more than 60 percent of funds available in each fis-
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1 cal year shall be allocated to programs under the

2 priorities.

3 ‘‘(3) To the extent feasible, the Secretary shall

4 establish 3 categories of competition, distinguishing

5 among three types of applicants and levels of edu6 cation that shall include—

7 ‘‘(A) grants to local educational agencies,

8 state education agencies, and other agencies

9 and organizations providing elementary and

10 secondary education;

11 ‘‘(B) grants to institutions of higher edu12 cation, including community colleges and other

13 agencies and organizations providing post14 secondary education, including vocational-tech15 nical education, adult education, and other pro16 grams; and

17 ‘‘(C) grants to non-profit organizations, in18 cluding community-based organizations, groups

19 representing students, parents, and women, in20 cluding women and girls of color and women

21 and girls with disabilities.

22 ‘‘(e) SPECIAL RULE.—To the extent feasible, the Sec23 retary shall ensure that the total of grants awarded each

24 year address—
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1 ‘‘(1) all levels of education, including preschool,

2 elementary and secondary education, higher edu3 cation, vocational education, and adult education;

4 ‘‘(2) all regions of the United States, including

5 at least one grant in each of the ten Federal regions;

6 and

7 ‘‘(3) urban, rural, and suburban educational

8 institutions.

9 ‘‘SEC. 5204. RESEARCH AND DEVELOPMENT GRANTS.

10 ‘‘(a) AUTHORITY.—The Secretary is authorized to

11 make grants to, and enter into contracts with, public agen12 cies, private nonprofit agencies, organizations, and institu13 tions, including students, and community groups, for ac14 tivities designed to achieve the purpose of this part at all

15 levels of education, including preschool, elementary and

16 secondary education, higher education, adult education

17 and vocational-technical education; to develop model poli18 cies and programs, and to conduct research to address and

19 ensure educational equities for women and girls, including

20 but not limited to—

21 ‘‘(1) the development and evaluation of gender22 equitable curricula, textbooks, software, and other

23 educational material and technology;

24 ‘‘(2) the development of model preservice and

25 inservice training programs for educational person-
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1 nel with special emphasis on programs and activities

2 designed to provide educational equity;

3 ‘‘(3) the development of guidance and counsel4 ing activities, including career education programs,

5 designed to ensure gender equity;

6 ‘‘(4) the development and evaluation of non7 discriminatory assessment systems;

8 ‘‘(5) the development of policies and programs

9 to address and prevent sexual harassment and vio10 lence to ensure that educational institutions are free

11 from threats to safety of students and personnel;

12 ‘‘(6) the development and improvement of pro13 grams and activities to increase opportunity for

14 women, including continuing educational activities,

15 vocational education, and programs for low income

16 women; including underemployed and unemployed

17 women, and women receiving Aid to Families with

18 Dependent Children;

19 ‘‘(7) the development of instruments and strate20 gies for program evaluation and dissemination of

21 promising or exemplary programs designed to im22 prove local efforts to achieve gender equity;

23 ‘‘(8) the development of instruments and proce24 dures to assess the presence or absence of gender

25 equity in educational settings; and
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1 ‘‘(9) the development and evaluation of various

2 strategies to institutionalize gender equity in edu3 cation.

4 ‘‘(b) APPLICATION.—A grant may be made, and a

5 contract may be entered into, under this part only upon

6 application to the Secretary, at such time, in such form,

7 and containing or accompanied by such information as the

8 Secretary may prescribe. Each such application shall—

9 ‘‘(1) provide that the program or activity for

10 which assistance is sought will be administered by or

11 under the supervision of the applicant;

12 ‘‘(2) describe a plan for carrying out 1 or more

13 research and development activities authorized in

14 paragraph (a) above, which holds promise of making

15 a substantial contribution toward attaining the pur16 poses of this Act; and

17 ‘‘(3) set forth policies and procedures which in18 sure adequate documentation, data collection, and

19 evaluation of the activities intended to be carried out

20 under the application, including an evaluation or es21 timate of the potential for continued significance fol22 lowing completion of the grant period.

23 ‘‘(c) CRITERIA AND PRIORITIES.—(1) The Secretary

24 shall establish criteria and priorities to ensure that avail-
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1 able funds are used for programs that most effectively will

2 achieve the purposes of this part.

3 ‘‘(2) The criteria and priorities shall be promulgated

4 in accordance with section 431 of the General Education

5 Provisions Act.

6 ‘‘(3) In establishing priorities, one shall be programs

7 which address the educational needs of women and girls

8 who suffer multiple or compound discrimination based on

9 sex and on race, ethnic origin, disability, or age.

10 ‘‘(d) SPECIAL RULE.—To the extent feasible, the

11 Secretary shall ensure that the total of grants awarded

12 each year address—

13 ‘‘(1) all levels of education, including preschool,

14 elementary and secondary education, higher edu15 cation, vocational education, and adult education;

16 and

17 ‘‘(2) all regions of the United States.

18 ‘‘(e) COORDINATION.—Research activities supported

19 under this part—

20 ‘‘(1) shall be carried out in consultation with

21 the Office of Educational Research and Improve22 ment to ensure that such activities are coordinated

23 with and enhance the research and development ac24 tivities supported by the Office; and
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1 ‘‘(2) may include collaborative research activi2 ties which are jointly funded and carried out by the

3 Office of Women’s Equity and the Office of Edu4 cational Research and Improvement.

5 ‘‘(f) LIMITATION.—Nothing in this part shall be con6 strued as prohibiting men and boys from participating in

7 any programs or activities assisted under this part.

8 ‘‘SEC. 5205. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘There are authorized to be appropriated—

10 ‘‘(1) for the purpose of carrying out the provi11 sions of section 5203, there are authorized to be ap12 propriated $3,000,000 for fiscal year 1995 and such

13 sums as may be necessary for each of the fiscal

14 years 1996, 1997, 1998, and 1999; and

15 ‘‘(2) for the purpose of carrying out the provi16 sions of section 5204, there are authorized to be ap17 propriated $2,000,000 for fiscal year 1995 and such

18 sums as may be necessary for each of the fiscal

19 years 1996, 1997, 1998, and 1999.

20 ‘‘TITLE VI—INDIAN EDUCATION

21 ‘‘SEC. 6001. FINDINGS.

22 ‘‘The Congress finds that—

23 ‘‘(1) the Federal Government has a special re24 sponsibility to ensure that educational programs for
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1 all American Indian and Alaska Native children and

2 adults—

3 ‘‘(A) are based on high-quality, inter4 nationally competitive content and student per5 formance standards and build on Indian culture

6 and the Indian community;

7 ‘‘(B) assist local educational agencies, In8 dian tribes, and others in providing Indian stu9 dents the opportunity to achieve those stand10 ards; and

11 ‘‘(C) meet the special educational and cul12 turally related academic needs of American In13 dian and Alaska Native students;

14 ‘‘(2) since enactment of the original Indian

15 Education Act in 1972, Indian parents have become

16 significantly more involved in the planning, develop17 ment, and implementation of educational programs

18 that affect them and their children, and schools

19 should continue to foster such involvement;

20 ‘‘(3) although the numbers of Indian teachers,

21 administrators, and university professors have in22 creased since 1972, teacher training programs are

23 not recruiting, training, or retraining sufficient num24 bers of Indian persons as educators to meet the

25 needs of a growing Indian student population in ele-
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1 mentary, secondary, vocational, adult, and higher

2 education;

3 ‘‘(4) the dropout rate for Indian students is un4 acceptably high; for example, nine percent of Indian

5 students who were eighth graders in 1988 had al6 ready dropped out of school by 1990;

7 ‘‘(5) from 1980 to 1990, the percentage of In8 dian persons living in poverty increased from 24 per9 cent to 31 percent, and the readiness of Indian chil10 dren to learn is hampered by the high incidence of

11 poverty, unemployment, and health problems among

12 Indian children and families; and

13 ‘‘(6) research related specifically to the edu14 cation of Indian children and adults is very limited,

15 and much of it is poor in quality or focused on lim16 ited local or regional issues.

17 ‘‘SEC. 6002. PURPOSE.

18 ‘‘(a) PURPOSE.—It is the purpose of this title to sup19 port the efforts of local educational agencies, Indian tribes

20 and organizations, postsecondary institutions, and other

21 entities to meet the special educational and culturally re22 lated academic needs of American Indians and Alaska Na23 tives, so that they can achieve to the same challenging

24 State performance standards expected of all students.
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1 ‘‘(b) PROGRAMS AUTHORIZED.—This title carries out

2 the purpose described in subsection (a) by authorizing pro3 grams of direct assistance for—

4 ‘‘(1) meeting the special educational and cul5 turally related academic needs of American Indians

6 and Alaska Natives;

7 ‘‘(2) the education of Indian children and

8 adults;

9 ‘‘(3) the training of Indian persons as educators

10 and counselors, and in other professions serving In11 dian people; and

12 ‘‘(4) research, evaluation, data collection, and

13 technical assistance.

14 ‘‘PART A—FORMULA GRANTS TO LOCAL

15 EDUCATIONAL AGENCIES

16 ‘‘SEC. 6101. PURPOSE.

17 ‘‘It is the purpose of this part to support local edu18 cational agencies in their efforts to reform elementary and

19 secondary school programs that serve Indian students in

20 order to ensure that such programs—

21 ‘‘(1) are based on challenging State content and

22 student performance standards that are used for all

23 students; and
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1 ‘‘(2) are designed to assist Indian students

2 meet those standards and assist the Nation in reach3 ing the National Education Goals.

4 ‘‘SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

5 ‘‘A local educational agency is eligible for a grant

6 under this part for any fiscal year if the number of Indian

7 children who were enrolled in the schools of the agency,

8 and to whom the agency provided free public education,

9 during the preceding fiscal year—

10 ‘‘(1) was at least 20; or

11 ‘‘(2) constituted not less than 25 percent of the

12 agency’s total enrollment.

13 ‘‘SEC. 6103. AMOUNT OF GRANTS.

14 ‘‘(a) AMOUNT OF GRANTS.—(1) The Secretary is au15 thorized to allocate to each local educational agency which

16 has an approved application under this part an amount

17 equal to the product of—

18 ‘‘(A) the number of Indian children described in

19 section 6106; and

20 ‘‘(B) the greater of—

21 ‘‘(i) the average per-pupil expenditure of

22 the State in which the agency is located; or

23 ‘‘(ii) 80 percent of the average per-pupil

24 expenditure in the United States.
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1 ‘‘(2) The Secretary shall reduce the amount of each

2 allocation determined under paragraph (1) in accordance

3 with subsection (e) of this section.

4 ‘‘(b) MINIMUM GRANT AMOUNT.—The Secretary

5 shall not make a grant to a local educational agency if

6 the amount determined under subsection (a) is less than

7 $4,000, except that the Secretary may make a grant to

8 a consortium of local educational agencies, one or more

9 of which does not qualify for such a minimum award, if—

10 ‘‘(1) the total amount so determined for such

11 agencies is not less than $4,000;

12 ‘‘(2) such agencies, in the aggregate, meet the

13 eligibility requirement of either section 6102(1) or

14 6102(2); and

15 ‘‘(3) the Secretary determines that such a grant

16 would be effectively used to carry out the purpose of

17 this part.

18 ‘‘(c) DEFINITION.—For the purpose of this section,

19 the average per-pupil expenditure of a State is determined

20 by dividing—

21 ‘‘(1) the aggregate current expenditures of all

22 the local educational agencies in the State, plus any

23 direct current expenditures by the State for the op24 eration of such agencies, without regard to the

25 sources of funds from which such local or State ex-
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1 penditures were made, during the second fiscal year

2 preceding the fiscal year for which the computation

3 is made; by

4 ‘‘(2) the aggregate number of children who

5 were in average daily attendance for whom such

6 agencies provided free public education during such

7 preceding fiscal year.

8 ‘‘(d) SCHOOLS OPERATED OR SUPPORTED BY THE

9 BUREAU OF INDIAN AFFAIRS.—(1) In addition to the

10 grants determined under subsection (a), the Secretary

11 shall allocate to the Secretary of the Interior an amount

12 equal to the product of—

13 ‘‘(A) the total number of Indian children en14 rolled in schools that are operated by—

15 ‘‘(i) the Bureau of Indian Affairs; or

16 ‘‘(ii) an Indian tribe, or an organization

17 controlled or sanctioned by an Indian tribal

18 government, for the children of that tribe under

19 a contract with, or grant from, the Department

20 of the Interior under the Indian Self-Deter21 mination Act (25 U.S.C. 450f et seq.) or the

22 Tribally Controlled Schools Act of 1988 (25

23 U.S.C. 2501 et seq.); and

24 ‘‘(B) the greater of—
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1 ‘‘(i) the average per-pupil expenditure of

2 the State in which the school is located; or

3 ‘‘(ii) 80 percent of the average per-pupil

4 expenditure in the United States.

5 ‘‘(2) The Secretary shall transfer the amount deter6 mined under paragraph (1), reduced as may be necessary

7 under subsection (e), to the Secretary of the Interior in

8 accordance with, and subject to, section 9205 of this Act.

9 ‘‘(e) RATABLE REDUCTIONS.—If the sums appro10 priated for any fiscal year under section 6602(a) are insuf11 ficient to pay in full the amounts determined for local edu12 cational agencies under subsection (a)(1) and for the Sec13 retary of the Interior under subsection (d), each of those

14 amounts shall be ratably reduced.

15 ‘‘SEC. 6104. APPLICATIONS.

16 ‘‘(a) GENERAL.—Any local educational agency that

17 desires to receive a grant under this part shall submit an

18 application to the Secretary at such time, in such manner,

19 and containing such information as the Secretary may rea20 sonably require.

21 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each

22 such application shall include a comprehensive program

23 for meeting the needs of Indian children in the local edu24 cational agency, including their language and cultural

25 needs, that—
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1 ‘‘(1) provides programs and activities to meet

2 the culturally related academic needs of American

3 Indian and Alaska Native students,

4 ‘‘(2)(A) is consistent with, and promotes the

5 goals in, the State and local plans, either approved

6 or being developed, under title III of the Goals

7 2000: Educate America Act or, if such plans are not

8 approved or being developed, with the State and

9 local plans under sections 1111 and 1112 of this

10 Act; and

11 ‘‘(B) includes academic content and student

12 performance goals for such children, and bench13 marks for attaining them, that are based on the

14 challenging State standards adopted under title III

15 of the Goals 2000: Educate America Act or under

16 title I of this Act for all children;

17 ‘‘(3) explains how Federal, State, and local pro18 grams, especially under title I of this Act, will meet

19 the needs of such students;

20 ‘‘(4) demonstrates how funds under this part

21 will be used for activities authorized by section

22 6105;

23 ‘‘(5) describes the professional development to

24 be provided, as needed, to ensure that—
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1 ‘‘(A) teachers and other school profes2 sionals who are new to the Indian community

3 are prepared to work with Indian children; and

4 ‘‘(B) all teachers who will be involved in

5 the project have been properly trained to carry

6 it 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

25 of 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 In10 dian 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
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1 full opportunity to understand the program and to

2 offer 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 pro13 cedures, including policies and procedures relat14 ing to the hiring of personnel, as will ensure

15 that the program for which assistance is sought

16 will be operated and evaluated in consultation

17 with, and with the involvement of, parents of

18 the children and representatives of the area to

19 be served;

20 ‘‘(C) that, in the case of an application

21 which includes a schoolwide project (as specified

22 in section 6105(c) of this part) finds that such

23 project will not diminish the availability of cul24 turally related activities for American Indians

25 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)

5 Before submitting its application to the Secretary, the

6 local educational agency shall obtain comments on the ap7 plication from the State educational agency.

8 ‘‘(2) The local educational agency shall send the

9 State educational agency’s comments to the Secretary

10 with its application.

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 comprehen17 sive plan for Indian students, described in its appli18 cation under section 6104(b);

19 ‘‘(2) are designed with special regard for the

20 language and cultural needs of those students; and

21 ‘‘(3) supplement and enrich the regular school

22 program.

23 ‘‘(b) PARTICULAR ACTIVITIES.—Such services and

24 activities include—
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1 ‘‘(1) culturally related activities which support

2 the program set out in the application, as required

3 in section 6104;

4 ‘‘(2) early childhood and family programs that

5 emphasize school readiness;

6 ‘‘(3) enrichment programs that focus on prob7 lem-solving and cognitive skills development and that

8 directly 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 en13 able Indian students to participate in programs such

14 as those supported by the School-to-Work Opportu15 nities Act of 1993 and the Carl D. Perkins Voca16 tional and Applied Technology Education Act, in17 cluding tech-prep, mentoring, and apprenticeship

18 programs;

19 ‘‘(6) prevention of, and education about, sub20 stance abuse; and

21 ‘‘(7) acquisition of equipment, but only if such

22 acquisition is essential to meet the purpose of this

23 part.

24 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding

25 any other provision of this part, a local educational agency
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•HR 6 RFS

1 may use funds it receives under this part to support a

2 schoolwide program under section 1114 of title I of this

3 Act, in accordance with such section, if the Secretary de4 termines that the local educational agency has made ade5 quate provision for the participation of Indian children in

6 such project and the involvement of Indian parents in the

7 formulation of such project.

8 ‘‘SEC. 6106. STUDENT ELIGIBILITY FORMS.

9 ‘‘(a) The Secretary shall require that each application

10 for a grant under this subpart for each fiscal year be sup11 ported by a form, maintained in the files of the applicant,

12 for each eligible Indian child for whom the local edu13 cational agency is providing free public education that sets

14 forth information establishing the status of the child as

15 an eligible Indian child.

16 ‘‘(b) The Secretary shall request on the form required

17 under subsection (a) at least the following information:

18 ‘‘(1) either—

19 ‘‘(A) the name of the tribe, band, or other

20 organized group of Indians with which the child

21 claims membership, along with the enrollment

22 number establishing membership (if readily

23 available), and the name and address of the or24 ganization which has updated and accurate
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1 membership data for such tribe, band, or other

2 organized group of Indians, or

3 ‘‘(B) if the child is not a member of a

4 tribe, band, or other organized group of Indi5 ans, the name, the enrollment number (if read6 ily available), and the organization (and address

7 thereof) responsible for maintaining updated

8 and accurate membership rolls of any of the

9 child’s parents or grandparents, from whom the

10 child claims eligibility;

11 ‘‘(2) whether the tribe, band, or other organized

12 group of Indians with which the child, his parents,

13 or grandparents claim membership is federally rec14 ognized;

15 ‘‘(3) the name and address of the parent or

16 legal guardian;

17 ‘‘(4) the signature of the parent or legal guard18 ian verifying the accuracy of the information sup19 plied; and

20 ‘‘(5) any other information which the Secretary

21 deems necessary to provide an accurate program

22 profile.

23 ‘‘(c) Nothing in the requirements of subsection (b)

24 may be construed as affecting the definition set forth in

25 section 6601. In order for a child to be counted in comput-
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1 ing the local educational agency’s grant award, the eligi2 bility form for the child must contain at a minimum—

3 ‘‘(1) the child’s name;

4 ‘‘(2) the name of the tribe, band, or other orga5 nized group of Indians; and

6 ‘‘(3) the parent’s dated signature.

7 The failure of an applicant to furnish any other informa8 tion listed in subsection (b) with respect to any child shall

9 have no bearing on the determination of whether the child

10 is an eligible Indian child.

11 ‘‘(d) The forms and the standards of proof (including

12 the standard of good faith compliance) that were in use

13 during the 1985–1986 academic year to establish a child’s

14 eligibility for entitlement under the Indian Elementary

15 and Secondary School Assistance Act shall be the only

16 forms and standards of proof used to establish such eligi17 bility and to meet the requirements of subsection (a).

18 ‘‘(e) For purposes of determining whether a child is

19 an eligible Indian child, the membership of the child, or

20 any parent or grandparent of the child, in a tribe, band,

21 or other organized group of Indians may be established

22 by proof other than an enrollment number, even if enroll23 ment numbers for members of such tribe, band, or groups

24 are available. Nothing in subsection (b) may be construed

25 as requiring the furnishing of enrollment numbers.
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1 ‘‘(f)(1)(A) The Secretary shall conduct a monitoring

2 and evaluation review of a sampling of the recipients of

3 grants under this part each fiscal year, such sampling to

4 take into account size of the recipient and geographic loca5 tion. The purpose of the sampling shall be to provide the

6 Secretary with such information as is necessary to assist

7 the Secretary in carrying out his or her responsibility to

8 provide technical assistance under this part.

9 ‘‘(B) A local educational agency may not be held lia10 ble to the United States, or be otherwise penalized, by rea11 son of the findings of an audit that relate to the date of

12 completion, or the date of submission, of any forms used

13 to establish, before April 28, 1988, a child’s eligibility for

14 entitlement under the Indian Elementary and Secondary

15 School Assistance Act.

16 ‘‘(2) Any local educational agency that provides false

17 information in the application for a grant under this sub18 part shall be ineligible to apply for any other grants under

19 this part and shall be liable to the United States for any

20 funds provided under this part that have not been ex21 pended.

22 ‘‘(3) Any student who provides false information on

23 the form required under subsection (d)(1) may not be

24 taken into account in determining the amount of any

25 grant under this part.
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1 ‘‘(g) For purposes of distribution of funds under this

2 Act to schools funded by the Bureau of Indian Affairs,

3 the Secretary shall use the count of the number of stu4 dents in each such school funded under the Indian Student

5 Equalization Formula developed pursuant to section 1128

6 of Public Law 95–561, in lieu of the requirements of this

7 section.

8 ‘‘SEC. 6107. PAYMENTS.

9 ‘‘(a) GENERAL.—The Secretary shall pay each local

10 educational agency with an application approved under

11 this part the amount determined under section 6103, sub12 ject to subsections (b) and (c) of this section and shall

13 notify such local educational agency of the amount no

14 later than June 1 of the year in which the grant will be

15 paid.

16 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

17 STATE.—The Secretary shall not make a grant under this

18 part for any fiscal year to any local educational agency

19 in a State that has taken into consideration payments

20 under this part (or under subpart 1 of the Indian Edu21 cation Act of 1988) in determining the eligibility of the

22 local educational agency for State aid, or the amount of

23 that aid, with respect to the free public education of chil24 dren during that year or the preceding fiscal year.
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1 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO

2 MAINTAIN FISCAL EFFORT.—(1) The Secretary shall not

3 pay any local educational agency the full amount deter4 mined under section 6103 for any fiscal year unless the

5 State educational agency notifies the Secretary, and the

6 Secretary determines, that the combined fiscal effort of

7 that local agency and the State with respect to the provi8 sion of free public education by such local agency for the

9 preceding fiscal year, computed on either a per-student or

10 aggregate expenditure basis, was not less than 90 percent

11 of such combined fiscal effort, computed on the same

12 basis, for the second preceding fiscal year.

13 ‘‘(2) If the Secretary determines for any fiscal year

14 that a local educational agency failed to maintain its fiscal

15 effort at the 90 percent level required by paragraph (1),

16 the Secretary shall—

17 ‘‘(A) reduce the amount of the grant that would

18 otherwise be made to the agency under this part in

19 the exact proportion of such agency’s failure to

20 maintain its fiscal effort at such level; and

21 ‘‘(B) not use the reduced amount of the agen22 cy’s expenditures for the preceding year to deter23 mine compliance with paragraph (1) for any suc24 ceeding fiscal year, but shall use the amount of ex-
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1 penditures that would have been required to comply

2 with paragraph (1).

3 ‘‘(3)(A) The Secretary may waive the requirement of

4 paragraph (1), for not more than one year at a time, if

5 the Secretary determines that the failure to comply with

6 such requirement is due to exceptional or uncontrollable

7 circumstances, such as a natural disaster or a precipitous

8 and unforeseen decline in the agency’s financial resources.

9 ‘‘(B) The Secretary shall not use the reduced amount

10 of such agency’s expenditures for the fiscal year preceding

11 the fiscal year for which a waiver is granted to determine

12 compliance with paragraph (1) for any succeeding fiscal

13 year, but shall use the amount of expenditures that would

14 have been required to comply with paragraph (1) in the

15 absence of the waiver.

16 ‘‘(d) REALLOCATIONS.—The Secretary may reallo17 cate, in the manner the Secretary determines will best

18 carry out the purpose of this part, any amounts that—

19 ‘‘(1) based on estimates by local educational

20 agencies or other information, will not be needed by

21 such agencies to carry out their approved projects

22 under this part; or

23 ‘‘(2) otherwise become available for reallocation

24 under this part.
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1 ‘‘PART B—SPECIAL PROGRAMS AND PROJECTS

2 TO IMPROVE EDUCATIONAL OPPORTUNITIES

3 FOR INDIAN CHILDREN

4 ‘‘SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNI5 TIES FOR INDIAN CHILDREN.

6 ‘‘(a) PURPOSE COORDINATION.—(1) It is the purpose

7 of this section to support projects that are to develop, text,

8 and demonstrate the effectiveness of services and pro9 grams to improve educational opportunities and achieve10 ment of Indian children.

11 ‘‘(2) The Secretary shall take such steps as are nec12 essary to achieve coordination of projects funded under

13 this part with other programs funded under this Act and

14 with other Federal programs operated for the benefit of

15 American Indian and Alaska Native children.

16 ‘‘(b) ELIGIBLE APPLICANTS.—State educational

17 agencies, local educational agencies, Indian tribes, Indian

18 organizations, federally supported elementary and second19 ary schools for Indian students, Indian institutions, in20 cluding Indian institutions of higher education, and con21 sortia thereof may apply for grants under this section.

22 ‘‘(c) AUTHORIZED PROJECTS AND ACTIVITIES.—Re23 cipients of grants under this section shall use the grant

24 funds to carry out projects and activities that meet the

25 purpose of this section, such as—
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1 ‘‘(1) innovative programs related to the edu2 cational needs of educationally deprived children;

3 ‘‘(2) educational services not available to such

4 children in sufficient quantity or quality, including

5 remedial instruction, to raise the achievement of In6 dian children in 1 or more of the core curriculum

7 areas of English, mathematics, science, foreign lan8 guages, art, history, and geography;

9 ‘‘(3) bilingual and bicultural programs and

10 projects;

11 ‘‘(4) special health and nutrition services, and

12 other related activities, which meet the special

13 health, social, and psychological problems of Indian

14 children;

15 ‘‘(5) special compensatory and other programs

16 and projects designed to assist and encourage Indian

17 children to enter, remain in, or reenter school and

18 to increase the rate of high school graduation;

19 ‘‘(6) comprehensive guidance, counseling, and

20 testing services;

21 ‘‘(7) early childhood and kindergarten pro22 grams, including family based preschool programs

23 that emphasize school readiness and parental skills,

24 and services to Indian children with disabilities;
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1 ‘‘(8) partnership projects between local edu2 cational agencies and institutions of higher edu3 cation that allow high school students to enroll in

4 courses at the postsecondary level to aid them in the

5 transition from high school to postsecondary edu6 cation;

7 ‘‘(9) partnership projects between schools and

8 local businesses for school-to-work transition pro9 grams designed to provide Indian youth with the

10 knowledge and skills they need to make an effective

11 transition from school to a first job in a high-skill,

12 high-wage career;

13 ‘‘(10) programs designed to encourage and as14 sist Indian student to work toward, and gain en15 trance into, institutions of higher education; and

16 ‘‘(11) other services which meet the needs of

17 this section.

18 Preservice or in-service training of professional and para19 professional personnel may be a part of any program au20 thorized under this section.

21 ‘‘(d) GRANTS AND APPLICATIONS.—

22 ‘‘(1) GRANTS.—(A) The Secretary may make

23 grants under this section for up to 5 years. Grants

24 may be made for the planning, development, pilot

25 operation, or demonstration of any activity author-
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1 ized under this section, with priority given to those

2 applications which present a plan for combining 2 or

3 more of these operations over a multiyear period.

4 The Secretary shall make such multiyear grants sub5 ject to the conditions included below and shall pro6 vide continuation funding for each fiscal year upon

7 a positive determination that the applicant has made

8 substantial progress in carrying out the operations

9 covered under each grant period, as set forth in the

10 initial grant and any subsequent modifications.’

11 ‘‘(B) The Secretary is also authorized to make

12 dissemination grants. Prior to making any such dis13 semination grant, the Secretary shall make a finding

14 that the material or program to be disseminated has

15 been adequately reviewed and has shown (i) edu16 cational merit, and (ii) and ability to be replicated.

17 ‘‘(2) APPLICATIONS.—(A) Any eligible entity

18 that desires to receive a grant under this section

19 shall submit an application to the Secretary at such

20 time and in such manner as the Secretary may re21 quire.

22 ‘‘(B) Each application shall contain—

23 ‘‘(i) a description of how parents of Indian

24 children and representatives of Indian tribes

25 have been, and will be, involved in developing
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1 and implementing the project for which assist2 ance is sought;

3 ‘‘(ii) an assurance that the applicant will

4 participate, at the request of the Secretary, in

5 any national evaluation of projects under this

6 section; and

7 ‘‘(iii) such other assurances and informa8 tion as the Secretary may reasonably require.

9 ‘‘SEC. 6202. PROFESSIONAL DEVELOPMENT.

10 ‘‘(a) PURPOSE.—The purpose of this section is to in11 crease the number of qualified Indian persons in profes12 sions serving Indian people, and to provide training as

13 teachers, administrators, teacher aides, social workers,

14 and ancillary educational personnel, and to improve the

15 skills of those presently serving in these capacities.

16 ‘‘(b) ELIGIBLE APPLICANTS.—Eligible applicants

17 under this section are—

18 ‘‘(1) institutions of higher education, including

19 Indian institutions of higher education;

20 ‘‘(2) State and local educational agencies, in

21 consortium with institutions of higher education; and

22 ‘‘(3) Indian tribes and organizations, in consor23 tium with institutions of higher education.

24 ‘‘(c) AUTHORIZED PROJECTS AND ACTIVITIES.—(1)

25 Each recipient of a grant under this section shall use the
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1 grant funds to provide support and training for Indian

2 persons, consistent with the purposes of this section. Such

3 activities may include, but are not limited to, a continuing

4 program, symposia, workshops, conferences, and direct fi5 nancial support.

6 ‘‘(2)(A) For education personnel, such training may

7 be in-service or preservice.

8 ‘‘(B) For those being trained in other fields, such

9 training shall be in programs that result in graduate

10 degrees.

11 ‘‘(3) In programs funded under this section, pref12 erence shall be given to the training of Indians.

13 ‘‘(4) In making grants under this section, the Sec14 retary shall consider prior performance and may not limit

15 eligibility on the basis of the number of previous grants

16 or the length of time for which the applicant has received

17 grants.

18 ‘‘(d) PROJECT PERIOD.—The project period for each

19 project approved under this section shall be up to 5 years.

20 ‘‘(e) SERVICE OBLIGATION.—The Secretary shall, by

21 regulation, require that individuals who receive training

22 under this section perform related work which benefits In23 dian people or repay all or a prorated part of the support

24 received. The Secretary shall establish by regulation a

25 mechanism for having the recipient provide information of
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1 compliance with this requirement beginning within 12

2 months of the completion of training received.

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

7 professional programs at institutions of higher education.

8 Such fellowships shall be awarded to Indian students in

9 order to enable them to pursue a course of study of not

10 more than 4 academic years leading toward a

11 postbaccalaureate degree in medicine, clinical psychology,

12 psychology, law, education, and related fields or leading

13 to an undergraduate or graduate degree in engineering,

14 business administration, natural resources, and related

15 fields.

16 ‘‘(b) STIPENDS.—The Secretary shall pay to persons

17 awarded fellowships under subsection (a) such stipends

18 (including such allowances for subsistence of such persons

19 and their dependents) the Secretary may determine to be

20 consistent with prevailing practices under comparable fed21 erally supported programs.

22 ‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUI23 TION.—The Secretary shall pay to the institution of higher

24 education at which the holder of a fellowship awarded

25 under subsection (a) is pursuing a course of study, in lieu
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1 of tuition charged such holder, such amounts as the Sec2 retary may determine to be necessary to cover the cost

3 of education provided the holder of such a fellowship.

4 ‘‘(d) SPECIAL RULES.—

5 ‘‘(1) The Secretary may, if a fellowship award6 ed under subsection (a) is vacated prior to the end

7 of the period for which it was awarded, award an

8 additional fellowship for the remainder of such pe9 riod.

10 ‘‘(2) By no later than the date that is 45 days

11 before the commencement of an academic term, the

12 Secretary shall provide to each individual who is

13 awarded a fellowship under subsection (a) for such

14 academic term written notice of the amount of such

15 fellowship and of any stipends or other payments

16 that will be made under this section to, or for the

17 benefit of, such individual for such academic term.

18 ‘‘(3) Not more than 10 percent of the fellow19 ships awarded under subsection (a) shall be award20 ed, on a priority basis, to persons receiving training

21 in guidance counseling with a specialty in the area

22 of alcohol and substance abuse counseling and edu23 cation.

24 ‘‘(e) SERVICE OBLIGATION.—The Secretary shall, by

25 regulation, require that individuals who receive financial
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1 assistance under this section perform related work which

2 benefits Indian people or repay all or a prorated part of

3 the support received. The Secretary shall establish by reg4 ulation a mechanism for having the recipient provide in5 formation of compliance with this requirement beginning

6 within 12 months of the completion of training received.

7 ‘‘SEC. 6204. GIFTED AND TALENTED.

8 ‘‘(a) ESTABLISHMENT OF CENTERS.—The Secretary

9 shall establish 2 centers for gifted and talented Indian stu10 dents at tribally controlled community colleges.

11 ‘‘(b) DEMONSTRATION PROJECTS.—

12 ‘‘(1) The Secretary shall award separate grants

13 to, or enter into contracts with—

14 ‘‘(A) 2 tribally controlled community col15 leges that—

16 ‘‘(i) are eligible for funding under the

17 Tribally Controlled Community College As18 sistance Act of 1978, and

19 ‘‘(ii) are fully accredited, or

20 ‘‘(B) if acceptable applications are not sub21 mitted to the Secretary by 2 of such colleges,

22 the American Indian Higher Education Consor23 tium,

24 for the establishment of centers under subsection (a)

25 and for demonstration projects designed to address
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1 the special needs of Indian students in elementary

2 and secondary schools who are gifted and talented

3 and to provide such support services to their families

4 that are needed to enable the students to benefit

5 from the project.

6 ‘‘(2) Any person to whom a grant is made, or

7 with whom a contract is entered into, under para8 graph (1) may enter into a contract with any other

9 persons, including the Children’s Television Work10 shop, for the purpose of carrying out the demonstra11 tion projects for which such grant was awarded or

12 for which the contract was entered into by the Sec13 retary.

14 ‘‘(3) Demonstration projects funded under this

15 section may include—

16 ‘‘(A) the identification of the special needs

17 of gifted and talented students, particularly at

18 the elementary school level, with attention to

19 the emotional and psychosocial needs of these

20 students and to the provision of those support

21 services to their families that are needed to en22 able these students to benefit from the project;

23 ‘‘(B) the conduct of educational,

24 psychosocial, and developmental activities which

25 hold reasonable promise of resulting in substan-
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1 tial progress toward meeting the educational

2 needs of such gifted and talented children, in3 cluding, but not limited to, demonstrating and

4 exploring the use of Indian languages and expo5 sure to Indian cultural traditions, and

6 mentoring and apprenticeship programs;

7 ‘‘(C) the provision of technical assistance

8 and the coordination of activities at schools

9 which receive grants under subsection (c) with

10 respect to the activities funded by such grants,

11 the evaluation of programs at such schools

12 funded by such grants, or the dissemination of

13 such evaluations;

14 ‘‘(D) the use of public television in meeting

15 the special educational needs of such gifted and

16 talented children;

17 ‘‘(E) leadership programs designed to rep18 licate programs for such children throughout

19 the United States, including the dissemination

20 of information derived from the demonstration

21 projects conducted under this section; and

22 ‘‘(F) appropriate research, evaluation, and

23 related activities pertaining to the needs of such

24 children and to the provision of such support
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1 services to their families that are needed to en2 able such children to benefit from the project.

3 ‘‘(c) ADDITIONAL GRANTS.—

4 ‘‘(1) The Secretary, in consultation with the

5 Secretary of the Interior, shall provide 5 grants to

6 schools that are Bureau funded schools for program

7 research and development regarding, and the devel8 opment and dissemination of curriculum and teacher

9 training material regarding—

10 ‘‘(A) gifted and talented students,

11 ‘‘(B) college preparatory studies (including

12 programs for Indian students interested in

13 teaching careers),

14 ‘‘(C) students with special culturally relat15 ed academic needs, including social, lingual, and

16 cultural needs, and

17 ‘‘(D) math and science education.

18 ‘‘(2) Applications for the grants provided under

19 paragraph (1) shall be submitted to the Secretary in

20 such form and at such time as the Secretary may

21 prescribe. Applications for such grants by Bureau

22 schools, and the administration of any of such

23 grants made to a Bureau school, shall be undertaken

24 jointly by the supervisor of the Bureau school and

25 the local school board.
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1 ‘‘(3) Grants may be provided under paragraph

2 (1) for one or more activities described in paragraph

3 (1).

4 ‘‘(4) In providing grants under paragraph (1),

5 the Secretary shall—

6 ‘‘(A) achieve a mixture of programs de7 scribed in paragraph (1) which ensures that

8 students at all grade levels and in all geo9 graphic areas of the United States are able to

10 participate in some programs funded by grants

11 provided under this subsection, and

12 ‘‘(B) ensure that a definition of the term

13 ‘gifted and talented student’ for purposes of

14 this section and section 1128(c)(3)(A)(i) of the

15 Education Amendments of 1978 is developed as

16 soon as possible.

17 ‘‘(5) Subject to the availability of appropriated

18 funds, grants provided under paragraph (1) shall be

19 made for a 3-year period and may be renewed by the

20 Secretary for additional 3-year periods if perform21 ance by the grantee is satisfactory to the Secretary.

22 ‘‘(6)(A) The dissemination of any materials de23 veloped from activities funded by grants provided

24 under paragraph (1) shall be carried out in coopera-
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•HR 6 RFS

1 tion with institutions receiving funds under sub2 section (b).

3 ‘‘(B) The Secretary shall report to the Sec4 retary of the Interior and to the Congress any re5 sults from activities described in paragraph (4)(B).

6 ‘‘(7)(A) The costs of evaluating any activities

7 funded by grants made under paragraph (1) shall be

8 divided between the school conducting such activities

9 and the demonstration project recipients under sub10 section (b).

11 ‘‘(B) If no funds are provided under subsection

12 (b) for—

13 ‘‘(i) the evaluation of activities funded by

14 grants made under paragraph (1),

15 ‘‘(ii) technical assistance and coordination

16 with respect to such activities, or

17 ‘‘(iii) dissemination of such evaluations,

18 the Secretary shall, by grant or through contract,

19 provide for such evaluations, technical assistance, co20 ordination, and dissemination.

21 ‘‘(d) INFORMATION NETWORK.—The Secretary shall

22 encourage persons to whom a grant is made, or with whom

23 a contract is entered into, under this section to work coop24 eratively as a national network so that the information de-
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•HR 6 RFS

1 veloped by such persons is readily available to the entire

2 educational community.

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 oper17 ation of programs which are designed to stimulate—

18 ‘‘(A) the provision of basic literacy oppor19 tunities 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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•HR 6 RFS

1 tive techniques for achieving the literacy and high

2 school equivalency goals;

3 ‘‘(4) to provide for basic surveys and evalua4 tions to define accurately the extent of the problems

5 of illiteracy and lack of high school completion

6 among Indians; 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 Sec17 retary is also authorized to make grants to, and to enter

18 into contracts with, public agencies and institutions and

19 Indian tribes, institutions, and organizations for—

20 ‘‘(1) the dissemination of information concern21 ing educational programs, services, and resources

22 available to Indian adults, including evaluations

23 thereof; and

24 ‘‘(2) the evaluation of federally assisted pro25 grams in which Indian adults may participate to de-
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•HR 6 RFS

1 termine the effectiveness of such programs in achiev2 ing the purposes of such programs with respect to

3 such adults.

4 ‘‘(d) APPLICATIONS.—

5 ‘‘(1) Applications for a grant under this section

6 shall be submitted at such time, in such manner,

7 contain such information, and be consistent with

8 such criteria, as may be required under regulations

9 prescribed by the Secretary. Such applications

10 shall—

11 ‘‘(A) set forth a statement describing the

12 activities for which assistance is sought; and

13 ‘‘(B) provide for an evaluation of the effec14 tiveness of the project in achieving its purposes

15 and the purposes of this section.

16 ‘‘(2) The Secretary shall not approve an appli17 cation for a grant under subsection (a) unless the

18 Secretary is satisfied that such application, and any

19 documents submitted with respect thereto, indicate

20 that—

21 ‘‘(A) there has been adequate participation

22 by the individuals to be served and tribal com23 munities in the planning and development of

24 the project, and
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•HR 6 RFS

1 ‘‘(B) there will be such a participation in

2 the operation and evaluation of the project.

3 ‘‘(3) In approving applications under subsection

4 (a), the Secretary shall give priority to applications

5 from Indian educational agencies, organizations, and

6 institutions.

7 ‘‘PART D—NATIONAL ACTIVITIES AND GRANTS

8 TO STATES

9 ‘‘SEC. 6401. NATIONAL ACTIVITIES.

10 ‘‘(a) AUTHORIZED ACTIVITIES.—From funds appro11 priated for any fiscal year to carry out this section, the

12 Secretary may—

13 ‘‘(1) conduct research related to effective ap14 proaches to the education of Indian children and

15 adults;

16 ‘‘(2) evaluate federally assisted education pro17 grams from which Indian children and adults may

18 benefit;

19 ‘‘(3) collect and analyze data on the educational

20 status and needs of Indians; and

21 ‘‘(4) carry out other activities consistent with

22 the purpose of this Act.

23 ‘‘(b) ELIGIBILITY.—The Secretary may carry out any

24 of the activities described in subsection (a) directly or

25 through grants to, or contracts or cooperative agreements
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•HR 6 RFS

1 with, Indian tribes, Indian organizations, State edu2 cational agencies, local educational agencies, institutions

3 of higher education, including Indian institutions of higher

4 education, and other public and private agencies and

5 institutions.

6 ‘‘(c) COORDINATION.—Research activities supported

7 under this section—

8 ‘‘(1) shall be carried out in consultation with

9 the Office of Educational Research and Improve10 ment to assure that such activities are coordinated

11 with and enhance the research and development ac12 tivities supported by the Office; and

13 ‘‘(2) may include collaborative research activi14 ties which are jointly funded and carried out by the

15 Office of Indian Education and the Office of Edu16 cational Research and Improvement.

17 ‘‘SEC. 6402. STATE EDUCATIONAL AGENCY REVIEW.

18 ‘‘(a) Before submitting its application to the Sec19 retary, the local educational agency shall submit its appli20 cation to the State educational agency.

21 ‘‘(b) The State education agency may send to the

22 Secretary comments on each local educational agency ap23 plication its reviews. The Secretary shall take such com24 ments into consideration in reviewing such application.
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•HR 6 RFS

1 ‘‘PART E—FEDERAL ADMINISTRATION

2 ‘‘SEC. 6501. OFFICE OF INDIAN EDUCATION.

3 ‘‘(a) OFFICE OF INDIAN EDUCATION.—There shall

4 be an Office of Indian Education (referred to in this sec5 tion as ‘the Office’) in the Department of Education.

6 ‘‘(b) DIRECTOR.—(1) The Office shall be under the

7 direction of the Director, who shall be appointed by the

8 Secretary and who shall report directly to the Assistant

9 Secretary 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 Of21 fice of Educational Research and Improvement in

22 identifying research priorities related to the edu23 cation of Indian persons.

24 ‘‘(3) The Director of the Office shall be a member

25 of the career Senior Executive Service.
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•HR 6 RFS

1 ‘‘(c) INDIAN PREFERENCE IN EMPLOYMENT.—(1)

2 The Secretary shall give a preference to Indian persons

3 in all personnel actions in the Office.

4 ‘‘(2) Such preference shall be implemented in the

5 same fashion as the preference given to any veteran under

6 section 2609 of the Revised Statutes, section 45 of title

7 25, United 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

14 be appointed by the President from lists of nominees

15 furnished, from time to time, by Indian tribes and

16 organizations; 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

21 administration, including the development of regula22 tions and of administrative policies and practices, of

23 any program, including programs under this title,

24 for which the Secretary is responsible and in which
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1 Indian children or adults participate or from which

2 they can benefit;

3 ‘‘(2) make recommendations to the Secretary

4 for filling the Director’s position whenever a vacancy

5 occurs in such position; and

6 ‘‘(3) submit to the Congress, by June 30 of

7 each year, a report on its activities, which shall in8 clude—

9 ‘‘(A) any recommendations it finds appro10 priate for the improvement of Federal education

11 programs in which Indian children or adults

12 participate, or from which they can benefit; and

13 ‘‘(B) its recommendations with respect to

14 the funding of any such programs.

15 ‘‘SEC. 6503. PEER REVIEW.

16 ‘‘In reviewing applications under parts B, C, and D

17 of this title, the Secretary may use a peer review process.

18 ‘‘SEC. 6504. PREFERENCE FOR INDIAN APPLICANTS.

19 ‘‘In making grants under parts B and C of this title,

20 the Secretary shall give a preference to Indian tribes, In21 dian organizations, and Indian institutions of higher edu22 cation under any program for which they are eligible to

23 apply.
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•HR 6 RFS

1 ‘‘SEC. 6505. MINIMUM GRANT CRITERIA.

2 ‘‘In making grants under parts B and C of this title,

3 the Secretary shall approve only projects that are—

4 ‘‘(1) of sufficient size, scope, and quality to

5 achieve the purpose of the section under which as6 sistance is sought; and

7 ‘‘(2) based on relevant research findings.

8 ‘‘PART F—DEFINITIONS; AUTHORIZATIONS OF

9 APPROPRIATIONS

10 ‘‘SEC. 6601. DEFINITIONS.

11 ‘‘The following definitions apply to terms as used in

12 this title:

13 ‘‘(1) The term ‘adult’ means an individual who

14 is either—

15 ‘‘(A) not less than 16 years old; or

16 ‘‘(B) beyond the age of compulsory school

17 attendance under State law.

18 ‘‘(2) The term ‘adult education’ has the mean19 ing given such term in section 312(2) of the Adult

20 Education Act.

21 ‘‘(3) The term ‘free public education’ means

22 education that is—

23 ‘‘(A) provided at public expense, under

24 public supervision and direction, and without

25 tuition charge; and
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•HR 6 RFS

1 ‘‘(B) provided as elementary or secondary

2 education in the applicable State or to preschool

3 children.

4 ‘‘(4) The term ‘Indian’ means an individual

5 who is—

6 ‘‘(A) a member of an Indian tribe or band,

7 as membership is defined by the tribe or band,

8 including—

9 ‘‘(i) tribes and bands terminated since

10 1940; and

11 ‘‘(ii) tribes and bands recognized by

12 the State in which they reside;

13 ‘‘(B) a descendant, in the first or second

14 degree, of an individual described in subpara15 graph (A);

16 ‘‘(C) considered by the Secretary of the In17 terior to be an Indian for any purpose; or

18 ‘‘(D) an Eskimo, Aleut, or other Alaska

19 Native.

20 ‘‘SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.

21 ‘‘(a) PART A.—For the purpose of carrying out part

22 A of this title, there are authorized to be appropriated

23 $61,300,000 for fiscal year 1995 and such sums as may

24 be necessary for each of the fiscal years 1996, 1997, 1998,

25 and 1999.
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1 ‘‘(b) PARTS B THROUGH D.—For the purpose of car2 rying out parts B, C, and D of this title, there are author3 ized to be appropriated $20,925,000 for fiscal year 1995

4 and such sums as may be necessary for each of the fiscal

5 years 1996, 1997, 1998, and 1999.

6 ‘‘(c) PART E.—For the purpose of carrying out part

7 E of this title, including section 6502, there are authorized

8 to be appropriated $3,775,000 for fiscal year 1995 and

9 such sums as may be necessary for each of the fiscal years

10 1996, 1997, 1998, and 1999.

11 ‘‘TITLE VII—BILINGUAL

12 EDUCATION PROGRAMS

13 ‘‘SEC. 7001. SHORT TITLE.

14 ‘‘This title may be cited as the ‘Bilingual Education

15 Act’.

16 ‘‘SEC. 7002. FINDINGS, POLICY, AND PURPOSE.

17 ‘‘(a) FINDINGS.—The Congress finds that—

18 ‘‘(1) language-minority Americans constitute a

19 large and growing proportion of the Nation’s popu20 lation;

21 ‘‘(2) language-minority Americans speak vir22 tually all world languages plus many that are indige23 nous to the United States;
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•HR 6 RFS

1 ‘‘(3) the presence of language-minority Ameri2 cans is related in part to Federal immigration

3 policies;

4 ‘‘(4) many language-minority Americans are

5 limited in their English proficiency, and many have

6 limited education and income;

7 ‘‘(5) limited-English-proficient children and

8 youth, like all other children and youth, have diverse

9 educational needs and strengths and therefore

10 require access to all educational programs and

11 services;

12 ‘‘(6) the Federal Government has a responsibil13 ity for the education of American Indians and a spe14 cial obligation to Native Alaskans, Native Hawaiians

15 and native residents of the territories and freely as16 sociated nations to redress the effect of past Federal

17 policies;

18 ‘‘(7) institutions of higher education can assist

19 in preparing teachers, administrators and other

20 school personnel to understand and build upon the

21 educational strengths and needs of language-minor22 ity and culturally diverse student enrollments;

23 ‘‘(8) it is the purpose of this title to help ensure

24 that limited-English-proficient students master Eng-
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•HR 6 RFS

1 lish and develop high levels of academic attainment

2 in content areas;

3 ‘‘(9) quality bilingual education programs en4 able children and youth to learn English and meet

5 high academic standards including proficiency in

6 more than one language;

7 ‘‘(10) as the world becomes increasingly inter8 dependent and as international communication be9 comes a daily occurrence in government, business,

10 commerce, and family life, multilingual skills con11 stitute an important national resource which de12 serves protection and development;

13 ‘‘(11) educational technology has the potential

14 for improving the education of language-minority

15 and limited-English-proficient students and their

16 families, and the Federal Government should foster

17 this development;

18 ‘‘(12) research, development, implementation

19 and dissemination of effective bilingual education

20 methods, practices, and programs for limited-Eng21 lish-proficient children are essential to systemwide

22 school reform that improves education for all chil23 dren; and

24 ‘‘(13) a recognized means by which a child

25 learns is through the use of the child’s native lan-
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•HR 6 RFS

1 guage, cultural heritage, and instructional programs

2 which use and build upon a child’s non-English na3 tive language and cultural heritage to promote par4 ent and community involvement in education, stu5 dent self-esteem, proficiency in English, and subject

6 matter achievement.

7 ‘‘(b) POLICY.—The Congress declares it to be the pol8 icy of the United States, in order to ensure equal edu9 cational opportunity for all children and youth and to pro10 mote educational excellence, to assist State and local edu11 cational agencies, institutions of higher education, and

12 community-based organizations to build their capacity to

13 establish, implement, and sustain programs of instruction

14 for language minority and limited-English-proficient chil15 dren and youth.

16 ‘‘(c) PURPOSE.—The purpose of this title is to edu17 cate language minority and limited-English-proficient chil18 dren and youth to meet the same rigorous standards for

19 academic performance expected of all children and youth,

20 including meeting challenging State performance stand21 ards in academic areas by developing—

22 ‘‘(1) systemic improvement and reform of edu23 cational programs serving language-minority and

24 limited-English-proficient students through the de25 velopment and implementation of exemplary bilin-
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1 gual education programs and special alternative in2 struction programs;

3 ‘‘(2) data collection and dissemination, re4 search, materials development, and technical assist5 ance which is focused on school improvement for

6 language-minority and limited-English-proficient

7 students; and

8 ‘‘(3) programs which strengthen and improve

9 the professional training of educational personnel

10 who work with limited-English-proficient and lan11 guage-minority students.

12 ‘‘SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘(a) IN GENERAL.—For the purpose of carrying out

14 the provisions of this title (except part F), there are au15 thorized to be appropriated $215,000,000 for the fiscal

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

17 of the fiscal years 1996, 1997, 1998, and 1999.

18 ‘‘(b) DISTRIBUTION.—From the sums appropriated

19 under subsection (a) for any fiscal year, the Secretary

20 shall reserve at least 25 percent for part C of this title.

21 ‘‘SEC. 7004. DEFINITIONS; REGULATIONS.

22 ‘‘(a) GENERAL RULE.—For purposes of this title—

23 ‘‘(1) The term ‘native language’, when used

24 with reference to an individual, means the language

25 normally used by such individuals, or, in the case of
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1 a child, the language normally used by the parents

2 of the child.

3 ‘‘(2) The term ‘language-minority’ means—

4 ‘‘(A) individuals whose native language is

5 other than English;

6 ‘‘(B) individuals who usually speak a lan7 guage other than English or come from home

8 environments where a language other than Eng9 lish is usually spoken; or

10 ‘‘(C) American Indians, Alaskan Natives,

11 and Native Hawaiians and native residents of

12 the territories and freely associated nations.

13 ‘‘(3) The term ‘limited-English-proficient’

14 means a language-minority person who has difficulty

15 understanding, speaking, reading, or writing the

16 English language at a level appropriate to his or her

17 age and grade and is, thereby, academically dis18 advantaged in programs conducted exclusively in

19 English.

20 ‘‘(4) The term ‘bilingual education’ refers to

21 educational programs for limited-English-proficient

22 students which make instructional use of both Eng23 lish and a student’s native language. Programs of

24 bilingual education must enable limited-English-pro25 ficient students to achieve English proficiency and
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•HR 6 RFS

1 academic mastery of subject matter content and

2 higher order skills, including critical thinking, so as

3 to meet age-appropriate grade-promotion and grad4 uation standards in concert with national education

5 goals. Bilingual education programs may also de6 velop the native language skills of limited-English7 proficient students, or ancestral languages of Amer8 ican Indians, Alaskan Natives, Native Hawaiians

9 and native residents of the territories and freely as10 sociated nations. English proficient students may

11 participate in bilingual education programs if the

12 programs are designed to enable all enrolled stu13 dents to become proficient in English and a second

14 language.

15 ‘‘(5) The term ‘special alternative instructional

16 program’ refers to educational programs for limited17 English-proficient students which utilize specially de18 signed English language curricula and services but

19 do not use the student’s native language for instruc20 tional purposes. Special alternative instructional pro21 grams must enable limited-English-proficient stu22 dents to achieve English proficiency and academic

23 mastery of subject matter content and higher order

24 skills, including critical thinking so as to meet age25 appropriate grade-promotion and graduation stand-
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•HR 6 RFS

1 ards in concert with national education goals. Spe2 cial alternative instructional programs are suitable

3 for schools where the diversity of the limited-Eng4 lish-proficient students’ native languages and the

5 small number of students speaking each respective

6 language makes bilingual education impractical and

7 where there is a critical shortage of bilingual edu8 cation teachers.

9 ‘‘(6) The term ‘family education programs’ re10 fers to bilingual education or special alternative in11 structional programs designed to help limited-Eng12 lish-proficient adults and out-of-school youths

13 achieve proficiency in the English language and to

14 provide instruction on how parents and family mem15 bers can facilitate the educational achievement of

16 their children. When feasible, instructional programs

17 such as the model developed under the Even Start

18 Literacy Programs that promote adult literacy and

19 train parents to support the educational growth of

20 their children shall be developed. Programs shall

21 give preference to participation by parents and im22 mediate family members of children attending

23 school. Family education programs may also provide

24 instruction to facilitate higher education and em25 ployment outcomes.
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1 ‘‘(7) The term ‘institution of higher education’

2 has the meaning given such term in section 1201(a)

3 of the Higher Education Act of 1965.

4 ‘‘(8) The term ‘Office’ means the Office of Bi5 lingual Education and Minority Languages Affairs.

6 ‘‘(9) The term ‘community college’ has the

7 meaning given such term in section 1201(a) of the

8 Higher Education Act of 1965 for an institution

9 which provides not less than a 2-year program which

10 is acceptable for full credit toward a bachelor’s de11 gree, including institutions receiving assistance

12 under the Tribally Controlled Community College

13 Assistance Act of 1978.

14 ‘‘(10) The term ‘paraprofessional’ means an in15 dividual who is employed in preschool or elementary

16 or secondary school under the supervision of a cer17 tified or licensed teacher, including individuals em18 ployed in bilingual education, special education and

19 migrant education.

20 ‘‘(11) The term ‘other programs for persons of

21 limited-English-proficiency’ means any programs ad22 ministered by the Secretary that serve persons of

23 limited-English-proficiency.

24 ‘‘(12) The term ‘community-based organization’

25 means a private nonprofit organization or Indian
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•HR 6 RFS

1 tribe or tribally sanctioned educational authority

2 which is representative of a community or significant

3 segments of a community and which provides edu4 cational or related services to individuals in the com5 munity. The term ‘community-based organization’

6 includes Native Hawaiian organizations (including

7 Native Hawaiian education organizations) as defined

8 in section 4009 of Public Law 100–297).

9 ‘‘(13) The term ‘children and youth’ means in10 dividuals aged 3 through 21.

11 ‘‘(14) The term ‘immigrant children and youth’

12 means individuals who—

13 ‘‘(A) are aged 3 through 21;

14 ‘‘(B) were not born in any State; and

15 ‘‘(C) have not been attending 1 or more

16 schools in any 1 or more States for more than

17 2 full academic years.

18 ‘‘(b) REGULATION RULE.—In developing regulations

19 under this title, the Secretary shall consult with State and

20 local educational agencies, organizations representing lim21 ited-English-proficient individuals, and organizations rep22 resenting teachers and other personnel involved in bilin23 gual education.
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1 ‘‘(c) PARENTAL NOTIFICATION.—Parents of children

2 and youth participating in programs assisted under this

3 title shall be informed of—

4 ‘‘(1) a student’s level of English proficiency,

5 how it was assessed, the status of a student’s aca6 demic achievement and the implications of a stu7 dent’s educational strengths and needs for age and

8 grade appropriate academic attainment, promotion,

9 and graduation;

10 ‘‘(2) what programs are available to meet the

11 student’s educational strengths and needs and how

12 the programs differ in content and instructional

13 goals, and in the case of a disabled student, how the

14 program meets the objectives of a student’s individ15 ualized education program;

16 ‘‘(3) the instructional goals of the bilingual edu17 cation or special alternative instructional program,

18 and how the program will specifically help the lim19 ited-English-proficient student acquire English and

20 meet age-appropriate standards for grade-promotion

21 and graduation, including—

22 ‘‘(A) the benefits and nature of the bilin23 gual educational program and of the instruc24 tional alternatives; and
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•HR 6 RFS

1 ‘‘(B) the reasons for the selection of their

2 child as being in need of bilingual education.

3 ‘‘(4)(A) Parents shall also be informed that

4 they have the option of declining enrollment of their

5 children and youth in such programs and shall be

6 given an opportunity to do so if they so choose.

7 ‘‘(B) Local educational agencies are not relieved

8 of any of their obligations under title VI of the Civil

9 Rights Act of 1964 because parents choose not to

10 enroll their children in bilingual education programs.

11 ‘‘(5) Parents must receive, in a manner and

12 form understandable to them, including, if necessary

13 and to the extent feasible, in their native language,

14 the information required by this subsection. At a

15 minimum, parents must receive—

16 ‘‘(A) timely information about projects

17 funded under this part; and

18 ‘‘(B) if the parents of participating chil19 dren so desire, notice of opportunities for regu20 lar meetings for the purpose of formulating and

21 responding to recommendations from such par22 ents.

23 ‘‘(6) no action may involve the admission or ex24 clusion of students to or from any federally assisted
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•HR 6 RFS

1 education program merely on the basis of the sur2 names or language-minority status of such students.

3 ‘‘SEC. 7005. INDIAN AND ALASKAN NATIVE CHILDREN IN

4 SCHOOLS.

5 ‘‘(a) ELIGIBLE ENTITIES.—For the purpose of carry6 ing out programs under this title for individuals served

7 by elementary, secondary, or postsecondary schools oper8 ated predominately for Indian or Alaska Native children

9 and youth, an Indian tribe, a tribally sanctioned edu10 cational authority, or an elementary or secondary school

11 that is operated or funded by the Bureau of Indian Affairs

12 shall be considered to be a local educational agency as

13 such term is used in this title, subject to the following

14 qualifications:

15 ‘‘(1) The term ‘Indian tribe’ means any Indian

16 tribe, band, nation, or other organized group or com17 munity, including any Alaska Native village or re18 gional or village corporation as defined in or estab19 lished pursuant to the Alaska Native Claims Settle20 ment Act (43 U.S.C. 1601 et seq.), that is recog21 nized for the special programs and services provided

22 by the United States to Indians because of their sta23 tus as Indians.

24 ‘‘(2) The term ‘tribally sanctioned educational

25 authority’ means—
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•HR 6 RFS

1 ‘‘(A) any department or division of edu2 cation operating within the administrative

3 structure of the duly constituted governing body

4 of an Indian tribe; or

5 ‘‘(B) any nonprofit institution or organiza6 tion that is—

7 ‘‘(i) chartered by the governing body

8 of an Indian tribe to operate any such

9 school or otherwise to oversee the delivery

10 of educational services to members of that

11 tribe; and

12 ‘‘(ii) approved by the Secretary for

13 the purpose of this section.

14 ‘‘(b) BUREAU OF INDIAN AFFAIRS SCHOOLS.—From

15 the sums appropriated pursuant to section 7003, the Sec16 retary is authorized to make payments to applicants to

17 carry out programs of bilingual education or special alter18 native instruction for Indian children served by elementary

19 and secondary schools operated or funded by the Bureau

20 of Indian Affairs.

21 ‘‘(c) ANNUAL REPORT.—(1) The Assistant Secretary

22 of the Interior for the Bureau of Indian Affairs in collabo23 ration with the Secretary shall submit to the Congress,

24 the President, and the Secretary, by September 30 of each

25 year, a report which provides—
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1 ‘‘(A) an assessment of the educational outcomes

2 and needs of Indian children with respect to the pur3 poses of this title in schools operated or funded by

4 the Department of the Interior, including tribes and

5 local educational agencies receiving assistance under

6 the Johnson-O’Malley Act and the Native American

7 Languages Act; and

8 ‘‘(B) an assessment of the extent to which such

9 needs are being met by funds provided to such

10 schools for educational purposes through the Sec11 retary of the Interior.

12 ‘‘(2) The results presented in this report shall be in13 cluded in the report under section 7401 of this Act.

14 ‘‘(3) The assessments required under this subsection

15 shall be waived if such assessments duplicate similar as16 sessment requirements under other Federal or tribal laws.

17 ‘‘SEC. 7006. RESIDENTS OF THE TERRITORIES AND FREELY

18 ASSOCIATED NATIONS.

19 ‘‘For the purpose of carrying out programs under this

20 title in Guam and the freely associated nations, the term

21 ‘local educational agency’ shall include public institutions

22 or agencies whose mission is the preservation and mainte23 nance of native languages.
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•HR 6 RFS

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 high6 er education, and community-based organizations which

7 provide educational programs to initiate, develop, enhance

8 or improve bilingual education or special alternative in9 struction programs for children and youth of limited-Eng10 lish-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

15 successful bilingual education or special alternative in16 structional programs for limited-English-proficient stu17 dents including programs of early childhood education, K–

18 12 education, gifted and talented education, and voca19 tional and 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

2 be used to improve the education of limited-English3 proficient 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

9 the full range of educational needs of limited10 English-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-English19 proficient 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
570

•HR 6 RFS

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.

8 A 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 imple11 ment early childhood education or family education pro12 grams or to conduct an instructional program which sup13 plements the educational services provided by a local edu14 cational agency.

15 ‘‘(d) DISTRIBUTION.—The Secretary shall, to the ex16 tent practicable, award grants equally among early child17 hood education, elementary education, and secondary edu18 cation programs.

19 ‘‘SEC. 7103. PROGRAM ENHANCEMENT PROJECTS.

20 ‘‘(a) PURPOSE.—The purpose of this section is to

21 carry out highly focused, innovative, locally designed

22 projects to expand or enhance existing bilingual education

23 or special alternative instructional programs for limited24 English-proficient students.

25 ‘‘(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

5 be used for providing in-service training to classroom

6 teachers, administrators, and other school or com7 munity-based organization personnel to improve the

8 instruction 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.

25 A grant also may be made under this section upon applica-
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•HR 6 RFS

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 con4 duct an instructional project which supplements the edu5 cational services provided by a local educational agency.

6 ‘‘SEC. 7104. WHOLE-SCHOOL PROGRAMS.

7 ‘‘(a) PURPOSE.—The purpose of this section is to

8 provide financial assistance to eligible applicants to re9 form, restructure, and upgrade all relevant programs and

10 operations within an individual school to fulfill the com11 prehensive educational needs of all of a school’s limited12 English-proficient students and their families.

13 ‘‘(b) PROGRAM AUTHORIZED.—

14 ‘‘(1) The Secretary is authorized to make 5-

15 year grants of up to $100,000 for the first year and

16 up to $250,000 for each of the subsequent 4 years

17 to eligible applicants.

18 ‘‘(2) Grants approved under this section shall

19 be 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-
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•HR 6 RFS

1 proficient students and their families by reviewing,

2 restructuring, 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

22 provide financial assistance to improve, reform, and up23 grade relevant programs and operations with an entire

24 local educational agency to fulfill the comprehensive edu-
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•HR 6 RFS

1 cational needs of all the agency’s limited-English-pro2 ficient students and, to the extent feasible, their families.

3 ‘‘(b) PROGRAM AUTHORIZED.—

4 ‘‘(1) The Secretary is authorized to make 5-

5 year grants of up to $1,000,000 for the first year

6 and up to $5,000,000 for each of the subsequent 4

7 years to eligible applicants.

8 ‘‘(2) Grants approved under this section may be

9 used during the first 12 months exclusively for ac10 tivities 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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•HR 6 RFS

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

15 limited-English-proficient students in rural and lin16 guistically isolated settings.

17 ‘‘SEC. 7106. APPLICATIONS.

18 ‘‘(a) SUBMISSION.—To receive a grant under this

19 part, applicants shall submit an application to the Sec20 retary in such form and containing such information as

21 the Secretary may require:

22 ‘‘(1) An application for a grant under this part

23 shall be developed in consultation with, and shall

24 provide for the continuing involvement of, an advi25 sory council which shall be composed of representa-
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•HR 6 RFS

1 tives responsible for implementing grant activities

2 and of parents and other relatives of the children to

3 be served in such programs; parents shall comprise

4 a majority of all council members.

5 ‘‘(2) All applicants for grants under this part,

6 except for those applicants identified in section

7 7005, shall submit a copy of the application to the

8 relevant State educational agency. The State edu9 cational agency may submit to the Secretary written

10 comments on the application with respect to how the

11 applications further State education improvement

12 plans including any developed under Goals 2000:

13 Educate America Act (if such plans exist) or title I

14 of this Act. If the State educational agency of a

15 State submits written comments on any application,

16 it must submit written comment on all applications

17 within that same grant category from within that

18 State. The Secretary shall take comments into con19 sideration when funding applications under this

20 part.

21 ‘‘(b) REQUIRED DOCUMENTATION.—Such applica22 tion shall include documentation that the applicant has

23 the qualified personnel required to develop, administer,

24 and implement the proposed program.
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•HR 6 RFS

1 ‘‘(c) CONTENTS.—(1) An application for a grant

2 under this part shall contain the following:

3 ‘‘(A) A description of the need for the proposed

4 program, including data on the number of children

5 and youth of limited-English-proficiency in the

6 school or district to be served and their characteris7 tics, such as language spoken, dropout rates, pro8 ficiency in English and the native language, aca9 demic standing in relation to their English proficient

10 peers, and, where applicable, the recency of immi11 gration.

12 ‘‘(B) A description of the program to be imple13 mented and how its design—

14 ‘‘(i) relates to the linguistic and academic

15 needs of the children and youth of limited-Eng16 lish-proficiency to be served;

17 ‘‘(ii) is consistent with, and promotes the

18 goals in, the local educational agency plan

19 under title III of the Goals 2000: Educate

20 America Act, if such plan exists, and the local

21 educational agency’s plan under title I of this

22 Act, particularly as those plans relate to the

23 education of children and youth of limited-Eng24 lish-proficiency;
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•HR 6 RFS

1 ‘‘(iii) involves the parents of the children

2 and youth of limited-English-proficiency to be

3 served;

4 ‘‘(iv) ensures accountability in the expected

5 student outcomes; and

6 ‘‘(v) promotes coordination of services for

7 the children and youth of limited-English-pro8 ficiency to be served and their families.

9 ‘‘(C) A description, if appropriate, of the appli10 cant’s collaborative activities with institutions of

11 higher education, community-based organizations,

12 local or State educational agencies, private schools,

13 nonprofit organizations, or businesses in carrying

14 out the proposed program.

15 ‘‘(D) An assurance that the applicant will not

16 reduce the level of State and local funds that it ex17 pends for bilingual education or special alternative

18 instruction programs if it receives an award under

19 this part.

20 ‘‘(E) A budget for grant funds.

21 ‘‘(2) An application for a grant under section 7102

22 or 7104 shall also contain a description of the instruc23 tional program, student services, in-service training, and

24 family education programs to be provided under the grant.
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•HR 6 RFS

1 ‘‘(3) An application for a grant under section 7103

2 shall also contain the following:

3 ‘‘(A) A description of the existing bilingual edu4 cation or special alternative instruction program

5 which the project is designed to enhance.

6 ‘‘(B) A description of the proposed project ac7 tivities.

8 ‘‘(4) An application for a grant under section 7105

9 shall also contain a description of the activities which

10 would be carried out under the grant.

11 ‘‘(d) APPROVAL OF APPLICATIONS.—An application

12 for a grant under this part may be approved only if the

13 Secretary determines that—

14 ‘‘(1) the program will use qualified personnel,

15 including those personnel who are proficient in the

16 language or languages used for instruction;

17 ‘‘(2) in designing the program for which appli18 cation is made, the needs of children in nonprofit

19 private elementary and secondary schools have been

20 taken into account through consultation with appro21 priate private school officials and, consistent with

22 the number of such children enrolled in such schools

23 in the area to be served whose educational needs are

24 of the type and whose language and grade levels are

25 of a similar type that the program is intended to ad-
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•HR 6 RFS

1 dress, after consultation with appropriate private

2 school officials, provision has been made for the par3 ticipation of such children on a basis comparable to

4 that provided for public school children;

5 ‘‘(3) student evaluation and assessment proce6 dures in the program are valid, reliable, and fair for

7 limited-English-proficient students, and that limited8 English-proficient students who are disabled are

9 identified and served in accordance with the require10 ments of the Individuals with Disabilities Education

11 Act;

12 ‘‘(4) Federal funds made available for the

13 project or activity will be used so as to supplement

14 the level of State and local funds that, in the ab15 sence of such Federal funds, would have been ex16 pended for special programs for children of limited17 English-proficient individuals and in no case to sup18 plant such State and local funds, except that noth19 ing in this paragraph shall preclude a local edu20 cational agency from using funds under this title for

21 activities carried out under an order of a court of

22 the United States or of any State respecting services

23 to be provided such children, or to carry out a plan

24 approved by the Secretary as adequate under title
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1 VI of the Civil Rights Act of 1964 with respect to

2 services to be provided such children;

3 ‘‘(5) the assistance provided under the applica4 tion will contribute toward building the capacity of

5 the applicant to provide a program on a regular

6 basis, similar to that proposed for assistance, which

7 will be of sufficient size, scope, and quality to prom8 ise significant improvement in the education of stu9 dents of limited-English-proficiency, and that the ap10 plicant will have the resources and commitment to

11 continue the program when assistance under this

12 title is reduced or no longer available; and

13 ‘‘(6) the applicant provides for utilization of the

14 State and national dissemination sources for pro15 gram design and in dissemination of results and

16 products.

17 ‘‘(e) SPECIAL CONSIDERATION AND PRIORITIES.—

18 ‘‘(1) Students may participate in any program

19 receiving funds under this part for the duration of

20 the program.

21 ‘‘(2) The Secretary shall give priority to appli22 cations which provide for the development of bilin23 gual proficiency for all participating students.

24 ‘‘(3) Grants for special alternative instructional

25 programs shall not exceed 25 percent of the funds
582

•HR 6 RFS

1 provided for any type of grant under any section or

2 of total funds provided under this part.

3 ‘‘(4) Notwithstanding paragraph (3), the Sec4 retary may award grants for special alternative in5 structional programs if an applicant has dem6 onstrated that they cannot develop and implement a

7 bilingual education program for the following rea8 sons:

9 ‘‘(A) Where the diversity of the limited10 English-proficient students’ native languages

11 and the small number of students speaking

12 each respective language makes bilingual edu13 cation impractical.

14 ‘‘(B) Where, despite documented convinc15 ing efforts, the applicant has not been able to

16 hire instructional personnel who are able to

17 communicate in the students’ native language.

18 ‘‘(5) In approving applications under this part,

19 the Secretary shall give consideration to the degree

20 to which the program for which assistance is sought

21 involves the collaborative efforts of institutions of

22 higher education, community-based organizations,

23 the appropriate local and State educational agency,

24 or business.
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•HR 6 RFS

1 ‘‘(6) The Secretary shall ensure that projects

2 funded under this part address the full needs of

3 school systems of all sizes and geographical areas,

4 including rural schools.

5 ‘‘(7) The Secretary shall give priority to appli6 cations providing training for personnel participating

7 in or preparing to participate in the program which

8 will assist them in meeting State and local certifi9 cation requirements and that, to the extent possible,

10 college or university credit will be awarded for such

11 training.

12 ‘‘SEC. 7107. INTENSIFIED INSTRUCTION.

13 ‘‘In carrying out this part, each grant recipient may

14 intensify instruction for limited-English-proficient stu15 dents by—

16 ‘‘(1) expanding the educational calendar of the

17 school in which such student is enrolled to include

18 programs before and after school and during the

19 summer months;

20 ‘‘(2) expanding the use of professional and vol21 unteer aids;

22 ‘‘(3) applying technology to the course of in23 struction; and

24 ‘‘(4) providing intensified instruction through

25 supplementary instruction or activities, including
584

•HR 6 RFS

1 educationally enriching extracurricular activities,

2 during times when school is not routinely in session.

3 ‘‘SEC. 7108. CAPACITY BUILDING.

4 ‘‘Each recipient of a grant under this part shall use

5 its grant in ways that will build its capacity to continue

6 to offer high-quality bilingual and special alternative edu7 cation programs and services to children and youth of lim8 ited-English-proficiency once Federal assistance is re9 duced or eliminated.

10 ‘‘SEC. 7109. SUBGRANTS.

11 ‘‘A local educational agency that receives a grant

12 under this part may, with the approval of the Secretary,

13 make a subgrant to, or enter into a contract with, an insti14 tution of higher education, a non-profit organization, or

15 a consortium of such entities to carry out an approved

16 program, including a program to serve out-of-school

17 youth.

18 ‘‘SEC. 7110. GEOGRAPHIC DISTRIBUTION OF FUNDS.

19 ‘‘To the extent possible, the Secretary shall award

20 funds under this part throughout the Nation in a manner

21 that reflects the geographic distribution of children and

22 youth of limited-English-proficiency.

23 ‘‘SEC. 7111. PROGRAMS IN PUERTO RICO.

24 ‘‘Programs authorized under this title in the Com25 monwealth of Puerto Rico may, notwithstanding any other
585

•HR 6 RFS

1 provision of this title, include programs of instruction,

2 teacher training, curriculum development, evaluation, and

3 testing designed for children and youth of limited-Spanish

4 proficiency.

5 ‘‘SEC. 7112. EVALUATIONS.

6 ‘‘(a) EVALUATION.—Each recipient of funds under

7 this part shall provide the Secretary with an evaluation,

8 in the form prescribed by the Secretary, of its program

9 every two years.

10 ‘‘(b) USE OF EVALUATION.—Such evaluation shall be

11 used by a grantee—

12 ‘‘(1) for program improvement;

13 ‘‘(2) to further define the local program’s goals

14 and objectives; and

15 ‘‘(3) to determine program effectiveness.

16 ‘‘(c) EVALUATION COMPONENTS.—Evaluations shall

17 include—

18 ‘‘(1) student outcome indicators that measure

19 progress toward the performance standards set out

20 in the State’s plan, either approved or being devel21 oped, under title III of the Goals 2000: Educate

22 America Act, or, if the State does not have an ap23 proved plan under title III of the Goals 2000: Edu24 cate America Act and is not developing such a plan,

25 with the State plan approved or being developed
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1 under section 1111 of this Act, including data com2 paring children and youth of limited-English-pro3 ficiency with non-limited-English-proficient children

4 and youth with regard to school retention, academic

5 achievement, and gains in English (and, where appli6 cable, native language) proficiency;

7 ‘‘(2) program implementation indicators that

8 provide information for informing and improving

9 program management and effectiveness, including

10 data on appropriateness of curriculum in relation11 ship to grade and course requirements, appropriate12 ness of program management, appropriateness of

13 the program’s staff professional development, and

14 appropriateness of the language of instruction;

15 ‘‘(3) program context indicators that describe

16 the relationship of the activities funded under the

17 grant to the overall school program and other Fed18 eral, State, or local programs serving children and

19 youth of limited-English-proficiency; and

20 ‘‘(4) such other information as the Secretary

21 may require.

22 ‘‘PART B—RESEARCH AND DISSEMINATION

23 ‘‘SEC. 7201. USE OF FUNDS.

24 ‘‘The Secretary is authorized to conduct data collec25 tion, dissemination, research, and evaluation activities
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•HR 6 RFS

1 through the Office of Bilingual Education and Minority

2 Languages Affairs for the purpose of improving bilingual

3 education and special alternative instruction programs for

4 children and youth of limited-English-proficiency.

5 ‘‘SEC. 7202. RESEARCH.

6 ‘‘(a) RESEARCH ACTIVITIES.—The Secretary shall

7 support through competitive grants contracts and coopera8 tive agreements to institutions of higher education, non9 profit and for-profit organizations, and local and State

10 educational agencies, funds for research with a practical

11 application to teachers, counselors, paraprofessionals,

12 school administrators, parents, and others involved in im13 proving the education of limited-English-proficient stu14 dents and their families.

15 ‘‘(b) AUTHORIZED ACTIVITIES.—

16 ‘‘(1) The Secretary may conduct research ac17 tivities that include—

18 ‘‘(A) identifying criteria for the establish19 ment, use and monitoring of local, State, or na20 tional education goals, content, performance

21 and delivery standards, and assessments for all

22 students that provide for appropriate, valid, re23 liable, and fair participation by limited-English24 proficient and language-minority students;
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•HR 6 RFS

1 ‘‘(B) identifying determinants of appro2 priate high quality secondary school programs

3 for limited-English-proficient students, and high

4 quality curriculum-related instructional mate5 rials;

6 ‘‘(C) identifying determinants of appro7 priate high quality early childhood development

8 programs for limited-English-proficient chil9 dren, including families, and appropriate high

10 quality materials;

11 ‘‘(D) studies to identify models of effective

12 program coordination that support students

13 while in transition to English language class14 rooms that develop and maintain high levels of

15 proficiency in the native languages and English;

16 ‘‘(E) studies of effective curricula and in17 structional strategies for the development and

18 maintenance of high levels of student pro19 ficiency in both their native language and Eng20 lish, including the role of family, community,

21 and career contexts;

22 ‘‘(F) identification of strategies for effec23 tive participation by limited-English-proficient

24 parents in their children’s education for attain25 ment of educational excellence;
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•HR 6 RFS

1 ‘‘(G) identifying methods of improving

2 classification, placement, and services to lim3 ited-English-proficient students including, but

4 not limited to their participation in early child5 hood development programs, title I, special edu6 cation, foreign language education, and gifted

7 and talented education;

8 ‘‘(H) identification of methods for effective

9 delivery of bilingual education to rural schools

10 and in the less-commonly-taught languages

11 using educational technology and electronic

12 communications networks;

13 ‘‘(I) identification of trends in demand for

14 language skills and of career opportunities for

15 individuals with high levels of proficiency in

16 English and a second language; and

17 ‘‘(J) establishing through the National

18 Center for Education Statistics and in consulta19 tion with the Office of Bilingual Education and

20 Minority Languages Affairs, and experts in bi21 lingual education, second language acquisition

22 and English-as-a-second language, a common

23 definition of ‘limited-English-proficient student’

24 for purposes of national data collection.
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•HR 6 RFS

1 ‘‘(c) FIELD-INITIATED RESEARCH.—The Secretary

2 shall reserve at least 5 percent of the funds available

3 under this section for field-initiated research by current

4 or recent recipients of grants under parts A or C of this

5 title. Research must be conducted by current grant recipi6 ents or by former recipients who have received such grants

7 within the previous 5 years. Field-initiated research may

8 provide for longitudinal studies of students or teachers in

9 bilingual education, monitoring the education of such stu10 dents from entry in bilingual education through high

11 school completion. Applicants may submit an application

12 for field-initiated research at the same time as applica13 tions are submitted under part A or part C. The Secretary

14 shall complete a review of such applications on a timely

15 basis to allow research and program grants to proceed in

16 coordination where appropriate.

17 ‘‘(d) CONSULTATION.—The Secretary shall consult

18 with agencies and organizations that are engaged in bilin19 gual education research and practice, or related research,

20 and bilingual education researchers and practitioners to

21 identify areas of study and activities to be funded under

22 this section.

23 ‘‘(e) COORDINATION.—Research activities supported

24 under this section—
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•HR 6 RFS

1 ‘‘(1) shall be carried out in consultation with

2 the Office of Educational Research and Improve3 ment to ensure that such activities are coordinated

4 with and enhance the research and development ac5 tivities supported by the Office; and

6 ‘‘(2) may include collaborative research activi7 ties which are jointly funded and carried out by the

8 Office of Bilingual Education and Minority Lan9 guage Affairs and the Office of Educational Re10 search and Improvement.

11 ‘‘(f) DATA COLLECTION.—The Secretary shall pro12 vide for the continuation of data collection on limited-Eng13 lish-proficient students as part of the data systems oper14 ated by the Department.

15 ‘‘SEC. 7203. ACADEMIC EXCELLENCE AWARDS.

16 ‘‘(a) AWARDS.—The Secretary may make grants to,

17 and enter into contracts and cooperative agreements with,

18 State and local educational agencies, nonprofit organiza19 tions, and institutions of higher education to promote the

20 adoption and implementation of bilingual education, spe21 cial alternative instruction programs, and professional de22 velopment programs that demonstrate great promise of as23 sisting children and youth of limited-English-proficiency

24 to meet challenging State standards.
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1 ‘‘(b) APPLICATIONS.—(1) An entity desiring to re2 ceive an award under this section shall submit an applica3 tion to the Secretary in such form, at such time, and con4 taining such information and assurances as the Secretary

5 may require.

6 ‘‘(2) The Secretary shall use a peer review process,

7 using effectiveness criteria that the Secretary shall estab8 lish, to review applications under this section.

9 ‘‘(c) USE OF FUNDS.—Funds under this section shall

10 be used to enhance the capacity of States and local edu11 cation agencies to provide high quality academic programs

12 for children and youth of limited-English-proficiency,

13 which may include—

14 ‘‘(1) completing the development of such pro15 grams;

16 ‘‘(2) professional development of staff partici17 pating in bilingual education programs;

18 ‘‘(3) sharing strategies and materials; and

19 ‘‘(4) supporting professional networks.

20 ‘‘(d) COORDINATION.—Recipients of funds under this

21 section shall coordinate their activities with those carried

22 out by comprehensive technical assistance centers under

23 title II of this Act.
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1 ‘‘SEC. 7204. STATE GRANT PROGRAM.

2 ‘‘(a) STATE GRANT PROGRAM.—The Secretary is au3 thorized to make an award to a State educational agency

4 that demonstrates, to the satisfaction of the Secretary,

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

6 Educate America Act, if such plan exists, or, if such plan

7 does not exist, its plan under title I of this Act, effectively

8 provides for the education of children and youth of lim9 ited-English-proficiency within the State.

10 ‘‘(b) PAYMENTS.—The amount paid to a State edu11 cational agency under subsection (a) shall not be less than

12 $100,000 nor greater than 5 percent of the total amount

13 awarded to local educational agencies within the State

14 under part A of this title for the previous fiscal year.

15 ‘‘(c) USE OF FUNDS.—(1) A State educational agen16 cy shall use funds for programs authorized by this section

17 to—

18 ‘‘(A) assist local educational agencies in the

19 State with program design, capacity building, assess20 ment of student performance, and program evalua21 tion; and

22 ‘‘(B) collect data on the State’s language-mi23 nority and limited-English-proficient populations and

24 the educational programs and services available to

25 these populations.
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1 ‘‘(2) EXCEPTION.—States which do not, as of the

2 date of enactment of this Act, have in place a system for

3 collecting such data for all students in such State, are not

4 required to meet the requirement of this section as it per5 tains to the educational programs and services available

6 to limited-English-proficient students. In the event such

7 State develops a system for collecting data on the edu8 cational programs and services available to all students in

9 the State, then such State is required to comply with this

10 requirement.

11 ‘‘(3) The State educational agency may also use

12 funds for the training of State educational agency person13 nel in educational issues affecting limited-English-pro14 ficient children and youth.

15 ‘‘(4) Recipients of awards under this section shall not

16 restrict the provision of services under this section to fed17 erally-funded programs.

18 ‘‘(d) STATE CONSULTATION.—A State educational

19 agency receiving funds under this section shall consult

20 with recipients of grants under this title and other individ21 uals or organizations involved in the development or oper22 ation of programs serving limited-English-proficient chil23 dren or youth to ensure that funds are used in a manner

24 consistent with the requirements of this title.
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•HR 6 RFS

1 ‘‘(e) APPLICATIONS.—A State educational agency de2 siring to receive an award under this section shall submit

3 an application to the Secretary in such form, at such time,

4 containing such information and assurances as the Sec5 retary may require.

6 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made

7 available under this section for any fiscal year shall be

8 used by the State educational agency to supplement and,

9 to the extent practical, to increase to level of funds that

10 would, in the absence of such funds, be made available

11 by the State for the purposes described in this section,

12 and in no case to supplant such funds.

13 ‘‘(g) REPORT TO THE SECRETARY.—State edu14 cational agencies receiving grants under this section shall

15 provide for the annual submission of a summary report

16 to the Secretary containing information on such matters

17 as the Secretary shall, by regulation, determine necessary

18 and proper to achieve the purposes of this title, including

19 information on State capacity and progress in meeting the

20 education needs of all limited-English-proficient children,

21 plans for additional action, the effect of standards and as22 sessments in improving their education. Such reports shall

23 be in such form and shall be submitted on such date as

24 the Secretary shall specify by regulation.
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•HR 6 RFS

1 ‘‘SEC. 7205. NATIONAL CLEARINGHOUSE FOR BILINGUAL

2 EDUCATION.

3 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab4 lish and support the operation of a National Clearinghouse

5 for Bilingual Education, which shall collect, analyze, syn6 thesize, and disseminate information about bilingual edu7 cation and related programs.

8 ‘‘(b) FUNCTIONS.—The National Clearinghouse for

9 Bilingual Education shall—

10 ‘‘(1) be administered as an adjunct clearing11 house of the ERIC system of clearinghouses sup12 ported by the Office of Educational Research and

13 Improvement;

14 ‘‘(2) coordinate its activities with Federal data

15 and information clearinghouses and dissemination

16 networks and systems; and

17 ‘‘(3) develop a data base management and mon18 itoring system for improving the operation and effec19 tiveness of funded programs.

20 ‘‘SEC. 7206. INSTRUCTIONAL MATERIALS DEVELOPMENT.

21 ‘‘The Secretary may provide grants for the develop22 ment, publication and dissemination of high quality in23 structional materials in Native American, Native Hawai24 ian and other languages for which instructional materials

25 are not readily available. The Secretary shall give priority

26 to the development of instructional materials in languages
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1 indigenous to the United States, its territories, and freely

2 associated nations. The Secretary shall also accord prior3 ity to applications which provide for developing and evalu4 ating materials in collaboration with activities under parts

5 A and C of this title and which are consistent with na6 tional and State content standards.

7 ‘‘SEC. 7207. EVALUATION ASSISTANCE CENTERS AND

8 MULTIFUNCTIONAL RESOURCE CENTERS.

9 ‘‘(a) TRANSITION.—The Secretary shall extend

10 grants or contracts for Evaluation Assistance Centers and

11 Multifunctional Resource Centers that are in effect on the

12 date of enactment of the Improving America’s School Act

13 through fiscal year 1996.

14 ‘‘(b) CONTINUITY OF SERVICES.—(1) The Secretary

15 shall ensure that the comprehensive regional technical as16 sistance centers authorized under title II of this Act pro17 vide services which are at least equal in volume, scope,

18 and quality to those provided by Evaluation Assistance

19 Centers and Multifunctional Resource Centers.

20 ‘‘(2) The Secretary shall ensure that the comprehen21 sive regional technical assistance centers authorized under

22 title II of this Act, as amended by the Improving Ameri23 ca’s School Act, provide services which enable children and

24 youth of limited-English-proficiency to meet challenging

25 State and National standards.
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•HR 6 RFS

1 ‘‘(3) The Secretary shall ensure that the comprehen2 sive technical assistance centers authorized under title II

3 of this Act are established with consideration given to the

4 geographic and linguistic distribution of children and

5 youth of limited-English-proficiency.

6 ‘‘(c) GIFTS, BEQUESTS, AND DEVISES.—The entities

7 may accept (but not solicit), use, and dispose of gifts, be8 quests, or devises of services or property, both real and

9 personal for the purpose of aiding or facilitating the work

10 of entities under this section. Gifts, bequests, or devises

11 of money and proceeds from sales of other property re12 ceived as gifts, bequests or devises shall be deposited in

13 the Treasury and shall be available for disbursement upon

14 order of the national clearinghouse on bilingual education,

15 the Evaluation and Assistance Center or Multifunctional

16 Resource Center, respectively.

17 ‘‘PART C—BILINGUAL EDUCATION TEACHER

18 TRAINING

19 ‘‘SEC. 7301. PURPOSE.

20 ‘‘The purpose of this part is to assist in preparing

21 educators to improve the delivery of educational services

22 to language-minority and limited-English-proficient chil23 dren and youth. This part supports the training of all edu24 cational personnel to serve more effectively limited-Eng25 lish-proficient students. The goal of this part is to provide
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1 for the training of not less than 50,000 teachers who meet

2 professional preparation and certification standards for bi3 lingual education teachers by the year 2000.

4 ‘‘SEC. 7302. TRAINING FOR ALL TEACHERS PROGRAM.

5 ‘‘(a) PURPOSE.—The purpose of this section is to

6 provide for the incorporation of courses and curricula on

7 appropriate and effective instructional and assessment

8 methodologies, strategies and resources specific to limited9 English-proficient and language-minority students into

10 education personnel preparation programs for teachers,

11 counselors, administrators and other education personnel.

12 ‘‘(b) AUTHORIZATION.—The Secretary shall award

13 grants for up to 5 years to institutions of higher edu14 cation, local educational agencies, and State educational

15 agencies or to nonprofit organizations which have entered

16 into consortia arrangements with one of such institutions,

17 agencies, or organizations.

18 ‘‘(c) PERMISSIBLE ACTIVITIES.—Activities conducted

19 under this section may include the development of training

20 programs in collaboration with training under titles I and

21 II of this Act, the Head Start Act, and other relevant

22 programs.

23 ‘‘(d) PRIORITY.—The Secretary shall give priority to

24 applications from institutions of higher education which

25 currently operate, with full-time tenured faculty, programs
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•HR 6 RFS

1 to prepare educators and administrators to work with lan2 guage-minority and limited-English-proficient students in

3 bilingual education settings and from institutions of high4 er education which are attempting to start bilingual teach5 er training programs if such institutions demonstrate a

6 significant commitment in financial and human resources,

7 including cash and in-kind. The Secretary shall give spe8 cial consideration to applications for such programs which

9 provide training of secondary school teachers or early

10 childhood development teachers. Such special consider11 ation would not disallow the funding of applications for

12 exemplary programs for the training of elementary school

13 teachers.

14 ‘‘SEC. 7303. BILINGUAL EDUCATION TEACHERS AND PER15 SONNEL GRANTS.

16 ‘‘(a) PURPOSE.—The purpose of this section is to

17 provide for degree programs to prepare new bilingual edu18 cation teachers, administrators, counselors, and other edu19 cational personnel to meet high professional standards for

20 bilingual education teachers and to increase the availabil21 ity of educators to provide high quality education limited22 English-proficient students.

23 ‘‘(b) AUTHORIZATION.—The Secretary shall award

24 grants for up to 5 years to institutions of higher education

25 in consortia with local or State educational agencies.
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•HR 6 RFS

1 ‘‘SEC. 7304. BILINGUAL EDUCATION CAREER LADDER PRO2 GRAM.

3 ‘‘(a) PURPOSE.—The purpose of this section is to up4 grade the qualifications and skills of non-certified edu5 cational personnel, especially educational paraprofes6 sionals, to meet high professional standards, including cer7 tification and licensure as bilingual education teachers and

8 other educational personnel who serve limited-English-pro9 ficient students, through collaborative training programs

10 operated by institutions of higher education and local and

11 State educational agencies. Grants for programs under

12 this section may also provide for collaborative programs

13 operated by institutions of higher education and secondary

14 schools which are designed to recruit and train secondary

15 school students as bilingual education teachers and other

16 educational personnel to serve limited-English-proficient

17 students.

18 ‘‘(b) AUTHORIZATION.—The Secretary shall award

19 grants of up to 5 years for bilingual education career lad20 der programs to institutions of higher education applying

21 in consortia with local or State educational agencies; con22 sortia may include community-based organizations or pro23 fessional education organizations.

24 ‘‘(c) ACTIVITIES.—Grants funded under this section

25 may—
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•HR 6 RFS

1 ‘‘(1) include the development of bilingual edu2 cation career ladder program curricula appropriate

3 to the needs of the consortium participants;

4 ‘‘(2) provide assistance for stipends and costs

5 related to tuition, fees and books for enrolling in

6 courses required to complete degree and certification

7 requirements as bilingual education teachers; and

8 ‘‘(3) include programs to introduce secondary

9 school students to careers in bilingual education

10 teaching that are coordinated with other activities

11 under this program.

12 ‘‘(d) SPECIAL CONSIDERATION.—The Secretary shall

13 give special consideration to applications under this sec14 tion which provide for—

15 ‘‘(1) participant completion of baccalaureate

16 and masters degree teacher education programs, cer17 tification and may include effective employment

18 placement activities;

19 ‘‘(2) development of teacher proficiency in Eng20 lish and a second language, including required dem21 onstration of proficiency in the instructional use of

22 English and a second language in classroom con23 texts;

24 ‘‘(3) coordination with Trio, the Teacher Corps,

25 National Community and Service Trust Act, Mini
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•HR 6 RFS

1 Corps, and other programs for the recruitment and

2 retention of bilingual students in secondary and

3 post-secondary programs to train as bilingual edu4 cators; and

5 ‘‘(4) the applicant’s contribution of additional

6 student financial aid to participating students.

7 ‘‘SEC. 7305. GRADUATE FELLOWSHIPS IN BILINGUAL EDU8 CATION PROGRAM.

9 ‘‘(a) AUTHORIZATION.—The Secretary may award

10 fellowships for masters, doctoral, and post-doctoral study

11 related to instruction of children and youth of limited12 English-proficiency in such areas as teacher training, pro13 gram administration, research and evaluation, and cur14 riculum development, and for the support of dissertation

15 research related to such study. For fiscal year 1994 not

16 less than 500 fellowships leading to a masters or doctorate

17 degree shall be awarded under this section, rising each

18 subsequent year of this authorization by not less than 50.

19 The Secretary shall include information on the operation

20 and the number of fellowships awarded under the fellow21 ship program in the report required under section 7401

22 of this title.

23 ‘‘(b) FELLOWSHIP REQUIREMENTS.—(1) Any person

24 receiving a fellowship under this section shall agree to—
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•HR 6 RFS

1 ‘‘(A) work in an activity related to the program

2 or in an activity such as those authorized under this

3 title, including work as a bilingual education teacher,

4 for a period of time equivalent to the period of time

5 during which such person receives assistance under

6 this title; or

7 ‘‘(B) repay such assistance.

8 ‘‘(2) The Secretary shall establish in regulations such

9 terms and conditions for such agreement as the Secretary

10 deems reasonable and necessary and may waive the re11 quirement of paragraph (1) in extraordinary cir12 cumstances.

13 ‘‘(c) The Secretary may give priority to institutions

14 of higher education that demonstrate experience in assist15 ing fellowship recipients find employment in the field of

16 bilingual education.

17 ‘‘SEC. 7306. APPLICATIONS.

18 ‘‘(a) IN GENERAL.—Each applicant or consortium

19 that desires to receive a grant under this part shall submit

20 an application to the Secretary and the State educational

21 agency or State board for higher education as appropriate,

22 at such time and in such manner as the Secretary shall

23 prescribe. The application shall demonstrate integration,

24 where appropriate, with the State and local plans, if such

25 plans exist, for serving limited-English-proficient students.
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•HR 6 RFS

1 The State and local educational agency, and where appli2 cable the State board for higher education, may comment

3 in writing on the application indicating how the applica4 tion furthers State education reform activities, including

5 the provision of appropriate high quality education to all

6 language minority students. If the State educational agen7 cy or State Board for Higher Education submits com8 ments on any application, it shall submit comments on all.

9 The Secretary shall take any written comments that have

10 been made into consideration when considering applica11 tions under this part.

12 ‘‘(b) ELIGIBLE ENTITIES.—

13 ‘‘(1) A grant may be made under this part

14 upon application of an institution of higher edu15 cation, applying individually or jointly with one or

16 more local educational agencies, nonprofit organiza17 tions, or State educational agencies.

18 ‘‘(2) The Secretary shall provide for outreach

19 and technical assistance to institutions of higher

20 education eligible under title III of the Higher Edu21 cation Act and institutions of higher education that

22 are operated or funded by the Bureau of Indian Af23 fairs to facilitate their participation in activities

24 under this part.
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•HR 6 RFS

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

10 State plan, if one exists, for serving limited-English-pro11 ficient 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;

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; and

24 ‘‘(C) provide additional resources for such

25 training from other sources.
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•HR 6 RFS

1 ‘‘(2) In making grants under sections 7302,

2 7303 and 7304, the Secretary shall give special con3 sideration to programs that ensure that individuals

4 completing such programs demonstrate proficiency

5 in 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 pos10 sible, 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

14 expenses for such persons and their dependents), as the

15 Secretary determines to be appropriate, to persons partici16 pating 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

19 shall provide the Secretary with an evaluation of its pro20 gram every two years. Such evaluation shall include data

21 on—

22 ‘‘(1) post-program placement of persons

23 trained;

24 ‘‘(2) how the training relates to the employment

25 of persons served by the program;
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1 ‘‘(3) program completion; and

2 ‘‘(4) such other information as the Secretary

3 may require.

4 ‘‘PART D—ADMINISTRATION

5 ‘‘SEC. 7401. OFFICE OF BILINGUAL EDUCATION AND MINOR6 ITY LANGUAGE AFFAIRS.

7 ‘‘(a) ESTABLISHMENT.—There shall be, in the De8 partment of Education, an Office of Bilingual Education

9 and Minority Languages Affairs through which the Sec10 retary shall carry out functions relating to bilingual edu11 cation.

12 ‘‘(b) DIRECTOR.—(1) The Office shall be headed by

13 a Director of Bilingual Education and Minority Lan14 guages Affairs, appointed by the Secretary, to whom the

15 Secretary shall delegate all delegable functions relating to

16 bilingual education. The Director shall also be assigned

17 responsibility for recommending improvements and provid18 ing technical assistance to other Federal programs serving

19 language-minority and limited-English-proficient students

20 and their families and for assisting the Assistant Sec21 retary of the Office of Educational Research and Improve22 ment in identifying research priorities which reflect the

23 needs of language-minority and limited-English language

24 proficient students.
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•HR 6 RFS

1 ‘‘(2) The Office shall be organized as the Director

2 determines to be appropriate in order to carry out such

3 functions and responsibilities effectively.

4 ‘‘(3) The Secretary shall ensure that limited-English5 proficient and language-minority students are included in

6 ways that are valid, reliable and fair under all standards

7 and assessment development conducted or funded by the

8 Department.

9 ‘‘(c) REPORT.—The Director shall prepare and, not

10 later than February 1 of every other year, shall submit

11 to Congress, the President, the Governors, and the clear12 inghouse a report on—

13 ‘‘(1) the activities carried out under this title

14 and their effectiveness in improving the education

15 provided to limited-English-proficient children and

16 youth;

17 ‘‘(2) a critical synthesis of data reported by the

18 States pursuant to section 7204;

19 ‘‘(3) an estimate of the number of certified bi20 lingual education personnel in the field and an esti21 mate of the number of bilingual education teachers

22 which will be needed for the succeeding 5 fiscal

23 years;

24 ‘‘(4) the major findings of research carried out

25 under this title; and
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•HR 6 RFS

1 ‘‘(5) recommendations for further developing

2 the capacity of our Nation’s schools to educate effec3 tively limited-English-proficient students.

4 ‘‘(d) ASSESSMENT OF GATEWAY EDUCATION.—The

5 Secretary shall prepare a report on the education of all

6 students who reside near the United States border with

7 Canada and Mexico or areas or communities which serve

8 as a gateway for immigrants to the United States. Gate9 way communities shall include Hawaii, the Commonwealth

10 of Puerto Rico, as well as the territories and freely associ11 ated nations. The report shall identify trends in student

12 and out-of-school youth immigration trends, appropriate

13 procedures for the international transfer of records, the

14 language proficiency of students living in border and gate15 way areas, and opportunities for teacher exchange. Such

16 efforts shall be coordinated with other ongoing efforts in

17 this area. A preliminary report on these issues shall be

18 provided to the Congress not later than 2 years after the

19 enactment of this Act. The final report including policy

20 proposals for improvements in these areas shall be pro21 vided to Congress and the President not later than Octo22 ber 21, 1997.

23 ‘‘(e) COORDINATION WITH RELATED PROGRAMS.—

24 In order to maximize Federal efforts aimed at serving the

25 educational needs of children and youth of limited-English
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•HR 6 RFS

1 proficiency, the Secretary shall coordinate and ensure

2 close cooperation with other programs serving language3 minority and limited-English-proficient students that are

4 administered by the Department of Education and other

5 agencies. The Secretary shall consult with the Secretary

6 of Labor, the Secretary of Health and Human Services,

7 the Secretary of Agriculture, Attorney General and other

8 relevant agencies to identify and eliminate barriers to ap9 propriate coordination of programs that affect language10 minority and limited-English-proficient students and their

11 families. The Secretary shall provide for continuing con12 sultation and collaboration between Office and relevant

13 programs operated by the Department, including title I

14 and other programs in this Act, in planning, contracts,

15 providing joint technical assistance, providing joint field

16 monitoring activities and in other relevant activities to en17 sure effective program coordination to provide high quality

18 education opportunities to all language-minority and lim19 ited-English-proficient students. In no case shall such co20 ordination at the local, State or Federal level permit funds

21 under this title to be used in programs that do not provide

22 bilingual education or special alternative instructional pro23 grams for the instruction of language-minority or limited24 English-proficient students.
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•HR 6 RFS

1 ‘‘(f) The Secretary shall, to the extent feasible, ensure

2 that all data collected shall include for the collection and

3 reporting of data on limited-English-proficient students in

4 all Departmental data keeping and with respect to all Fed5 eral education programs.

6 ‘‘(g) STAFFING REQUIREMENTS.—The Secretary

7 shall ensure that the Office of Bilingual Education and

8 Minority Language Affairs is staffed with sufficient per9 sonnel trained or with experience in bilingual education

10 to discharge effectively the provisions of this title.

11 ‘‘(1) Notwithstanding section 403 of the De12 partment of Education Organization Act, the Assist13 ant Secretary may appoint not more than 7 addi14 tional employees to serve as staff without regard to

15 the provisions of title 5, United States Code, govern16 ing appointments in the competitive service.

17 ‘‘(2) The employees appointed under paragraph

18 (1) may be paid without regard to the provisions of

19 chapter 51 and subchapter III of chapter 53 of that

20 title relating to classification and General Schedule

21 pay rates, but shall not be paid a rate that exceeds

22 the minimum rate of basic pay payable for GS–15

23 of the General Schedule.

24 ‘‘(h) READING APPLICATIONS.—For the purpose of

25 reading applications for competitive grants authorized
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1 under this title, the Secretary shall use persons who are

2 not employees of the Federal Government and who are ex3 perienced and involved in bilingual education including

4 teachers, researchers, and administrators of educational

5 programs similar to those assisted under this title. Read6 ers of applications for grants involving conservation of In7 dian languages and other indigenous language which are

8 subject to loss shall include individuals with expertise in

9 such programs. The Secretary shall solicit nominations for

10 application readers from State directors of bilingual edu11 cation, graduate programs of bilingual education, tribal

12 organizations and professional associations and shall have

13 readers serve for a period of 3 years.

14 ‘‘(i) PUBLICATION OF PROPOSALS.—The Secretary

15 shall publish and disseminate all requests for proposals for

16 programs funded under this title.

17 ‘‘SEC. 7402. RELEASE TIME.

18 ‘‘Professional development programs funded under

19 this Act shall permit use of funds for professional release

20 time to enable participation in programs assisted under

21 this part.

22 ‘‘SEC. 7403. EDUCATION TECHNOLOGY.

23 ‘‘Funds available under this Act may be used to pro24 vide for the acquisition or development of education tech25 nology or instructional materials, including authentic ma-
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•HR 6 RFS

1 terials in languages other than English, access to and par2 ticipation in electronic networks for materials, training

3 and communications, and incorporation of such resources

4 in curricula and programs such as those funded under this

5 title.

6 ‘‘SEC. 7404. NOTIFICATION.

7 ‘‘The State educational agency, when applicable, the

8 State Board for postsecondary education, when applicable,

9 the clearinghouse, the applicable Evaluation and Assist10 ance Center and Multifunctional Resource Center shall be

11 notified within three working days of the date a grant is

12 made to an eligible entity within the State.

13 ‘‘SEC. 7405. CONTINUED ELIGIBILITY.

14 ‘‘Entities receiving grants under this title shall re15 main eligible for grants for subsequent activities which ex16 tend or expand and do not duplicate those activities sup17 ported by a previous grant under this title. In considering

18 applications for grants under this title the Secretary shall

19 take into consideration the applicant’s record of accom20 plishments under previous grants.

21 ‘‘SEC. 7406. LIMITATION OF AUTHORITY.

22 ‘‘The Secretary shall not impose restrictions on the

23 availability of funds authorized under this title other than

24 those set out in this title or other applicable Federal stat25 utes and regulations.
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1 ‘‘PART E—TRANSITION

2 ‘‘SEC. 7501. TRANSITION PROVISIONS.

3 ‘‘Any grant or contract awarded under this title prior

4 to the date of the enactment of the Improving America’s

5 Schools Act of 1994 shall be allowed to continue the term

6 of the original award in accordance with the conditions

7 of the original award but not for a period in excess of

8 3 years from the date of the grant or contract.

9 ‘‘PART F—EMERGENCY IMMIGRANT EDUCATION

10 PROGRAM

11 ‘‘SEC. 7601. PURPOSE.

12 ‘‘The purpose of this part is to assist eligible local

13 educational agencies that experience unexpectedly large

14 increases in their student population due to immigration

15 to—

16 ‘‘(1) provide high-quality instruction to immi17 grant children and youth; and

18 ‘‘(2) help such children and youth—

19 ‘‘(A) with their transition into American

20 society; and

21 ‘‘(B) meet the same challenging State per22 formance standards expected of all children and

23 youth.

24 ‘‘SEC. 7602. STATE ADMINISTRATIVE COSTS.

25 ‘‘For any fiscal year, a State educational agency may

26 reserve up to 1.5 percent of the amount allocated to it
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1 under section 7604 to pay the costs of performing its ad2 ministrative functions under this part.

3 ‘‘SEC. 7603. WITHHOLDING.

4 ‘‘Whenever the Secretary, after reasonable notice and

5 opportunity for a hearing to any State educational agency,

6 finds that there is a failure to meet the requirement of

7 any provision of this part, the Secretary shall notify that

8 agency that further payments will not be made to the

9 agency under this part, or in the discretion of the Sec10 retary, that the State educational agency shall not make

11 further payments under this part to specified local edu12 cational agencies whose actions cause or are involved in

13 such failure until the Secretary is satisfied that there is

14 no longer any such failure to comply. Until the Secretary

15 is so satisfied, no further payments shall be made to the

16 State educational agency under this part, or payments by

17 the State educational agency under this part shall be lim18 ited to local educational agencies whose actions did not

19 cause or were not involved in the failure, as the case may

20 be.

21 ‘‘SEC. 7604. STATE ALLOCATIONS.

22 ‘‘(a) PAYMENTS.—The Secretary shall, in accordance

23 with the provisions of this section, make payments to

24 State educational agencies for each of the fiscal years
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1 1995 through 1999 for the purpose set forth in section

2 7601.

3 ‘‘(b) ALLOCATIONS.—(1) Except as provided in sub4 sections (c) and (d) of this section, of the amount appro5 priated for each fiscal year for this part, each State par6 ticipating in this program shall receive a share equal to

7 the proportion of its number of immigrant children and

8 youth who are enrolled in elementary and secondary public

9 schools under the jurisdiction of each local educational

10 agency described in paragraph (2) within that State, and

11 in elementary and secondary nonpublic schools within the

12 district served by each such local educational agency, rel13 ative to the total number of immigrant children and youth

14 so enrolled in all the States participating in this program.

15 ‘‘(2) The local educational agencies referred to in

16 paragraph (1) are those local educational agencies in

17 which the sum of the number of immigrant children and

18 youth who are enrolled in elementary or secondary public

19 schools under the jurisdiction of such agencies, and in ele20 mentary or secondary nonpublic schools within the dis21 tricts served by such agencies, during the fiscal year for

22 which the payments are to be made under this part, is

23 equal to—

24 ‘‘(A) at least 500; or
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1 ‘‘(B) at least 3 percent of the total number of

2 students enrolled in such public or nonpublic schools

3 during such fiscal year;

4 whichever number is less.

5 ‘‘(c) DETERMINATIONS OF NUMBER OF CHILDREN

6 AND YOUTH.—(1) Determinations by the Secretary under

7 this section for any period with respect to the number of

8 immigrant children and youth shall be made on the basis

9 of data or estimates provided to the Secretary by each

10 State educational agency in accordance with criteria estab11 lished by the Secretary, unless the Secretary determines,

12 after notice and opportunity for a hearing to the affected

13 State educational agency, that such data or estimate are

14 clearly erroneous.

15 ‘‘(2) No such determination with respect to the num16 ber of immigrant children and youth shall operate because

17 of an underestimate or overestimate to deprive any State

18 educational agency of the allocation under this section that

19 such agency would otherwise have received had such deter20 mination been made on the basis of accurate data.

21 ‘‘(d) REALLOCATION.—Whenever the Secretary de22 termines that any amount of a payment made to a State

23 under this part for a fiscal year will not be used by such

24 State for carrying out the purpose for which the payment

25 was made, the Secretary shall make such amount available
619

•HR 6 RFS

1 for carrying out such purpose to one or more other States

2 to the extent the Secretary determines that such other

3 States will be able to use such additional amount of carry4 ing out such purpose. Any amount made available to a

5 State from any appropriation for a fiscal year in accord6 ance with the preceding sentence shall, for purposes of this

7 part, be regarded as part of such State’s payment (as de8 termined under subsection (b)) for such year, but shall

9 remain available until the end of the succeeding fiscal

10 year.

11 ‘‘(e) RESERVATION OF FUNDS.—(1) If appropria12 tions under this part exceed $50,000,000 for a fiscal year,

13 a State educational agency may reserve up to 20 percent

14 of its payment for redistribution through competitive

15 grants to local educational agencies within the State in

16 the following manner:

17 ‘‘(A) At least one-half of such grants shall be

18 made to local educational agencies within the State

19 with the highest numbers and percentages of immi20 grant children and youth.

21 ‘‘(B) Remaining funds may be distributed to

22 local educational agencies within the State with a

23 sudden influx of immigrant children and youth

24 which are otherwise not eligible for assistance under

25 this part.
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•HR 6 RFS

1 ‘‘(2) Local educational agencies with the highest

2 number of immigrant children and youth receiving addi3 tional funds under this subsection may make information

4 available on serving immigrant children and youth to areas

5 in the State with sparse numbers of such children.

6 ‘‘SEC. 7605. STATE APPLICATIONS.

7 ‘‘(a) SUBMISSION.—No State educational agency

8 shall receive any payment under this part for any fiscal

9 year unless such agency submits an application to the Sec10 retary at such time, in such manner, and containing or

11 accompanied by such information, as the Secretary may

12 reasonably require. Each such application shall—

13 ‘‘(1) provide that the educational programs,

14 services, and activities for which payments under

15 this part are made will be administered by or under

16 the supervision of the agency;

17 ‘‘(2) provide assurances that payments under

18 this part will be used for purposes set forth in sec19 tions 7601 and 7607, including a description of how

20 local educational agencies receiving funds under this

21 part will use such funds to meet such purposes, and

22 how the program designs are consistent with other

23 education improvement plans, including any devel24 oped under Goals 2000: Educate America Act, if

25 such plan exists, or title I;
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•HR 6 RFS

1 ‘‘(3) provide an assurance that local educational

2 agencies receiving funds under this part will coordi3 nate the use of such funds with programs funded

4 under other parts of this title or title I of this Act;

5 ‘‘(4) provide assurances that such payments,

6 with the exception of payments reserved under sec7 tion 7604(e), will be distributed among local edu8 cational agencies within that State on the basis of

9 the number of immigrant children and youth count10 ed with respect to each such local educational agency

11 under section 7604(b)(1);

12 ‘‘(5) provide assurances that the State edu13 cational agency will not finally disapprove in whole

14 or in part any application for funds received under

15 this part without first affording the local educational

16 agency submitting an application for such funds rea17 sonable notice and opportunity for a hearing;

18 ‘‘(6) provide for making such reports as the

19 Secretary may reasonably require to perform the

20 functions under this part;

21 ‘‘(7) provide assurances—

22 ‘‘(A) that to the extent consistent with the

23 number of immigrant children and youth en24 rolled in the elementary or secondary nonpublic

25 schools within the district served by a local edu-
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•HR 6 RFS

1 cational agency, such agency, after consultation

2 with appropriate officials of such schools, shall

3 provide for the benefit of these children and

4 youth secular, neutral, and nonideological serv5 ices, materials, and equipment necessary for the

6 education of such children and youth;

7 ‘‘(B) that the control of funds provided

8 under this part and title to any materials,

9 equipment, and property repaired, remodeled,

10 or constructed with those funds shall be in a

11 public agency for the uses and purposes pro12 vided in this part, and a public agency shall ad13 minister such funds and property; and

14 ‘‘(C) that the provision of services pursu15 ant to this paragraph shall be provided by em16 ployees of a public agency or through contract

17 by such public agency with a person, associa18 tion, agency, or corporation who or which, in

19 the provision of such services, is independent of

20 such elementary or secondary nonpublic school

21 and of any religious organization; and such em22 ployment or contract shall be under the control

23 and supervision of such public agency, and the

24 funds provided under this paragraph shall not

25 be commingled with State or local funds;
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•HR 6 RFS

1 ‘‘(8) provide that funds reserved under sub2 section (e) of section 7604 be awarded on the basis

3 of merit and need consistent with such subsection;

4 and

5 ‘‘(9) provide an assurance that State and local

6 educational agencies receiving funds under this part

7 will comply with the requirements of section

8 1121(b).

9 ‘‘(b) APPLICATION REVIEW.—The Secretary shall re10 view all applications submitted pursuant to this section by

11 State educational agencies.

12 ‘‘(1) The Secretary shall approve any applica13 tion submitted by a State educational agency that

14 meets the requirements of this section.

15 ‘‘(2) The Secretary shall disapprove any appli16 cation submitted by a State educational agency

17 which does not meet the requirements of this sec18 tion, but shall not finally disapprove an application

19 except after reasonable notice, provision of technical

20 assistance, and an opportunity for a hearing to the

21 State.

22 ‘‘SEC. 7606. PAYMENTS.

23 ‘‘(a) AMOUNT.—The Secretary shall pay by not later

24 than June 1 of each year to each State educational agency

25 that has its application approved under section 7605 the
624

•HR 6 RFS

1 amount of the State’s allocation as determined under sec2 tion 7604.

3 ‘‘(b) SERVICES TO CHILDREN ENROLLED IN

4 NONPUBLIC SCHOOLS.—If by reason of any provision of

5 law a local educational agency is prohibited from providing

6 educational services for children enrolled in elementary

7 and secondary nonpublic schools, as required by section

8 7605(a)(6), or if the Secretary determines that a local

9 educational agency has substantially failed or is unwilling

10 to provide for the participation on an equitable basis of

11 children enrolled in such schools, the Secretary may waive

12 such requirement and shall arrange for the provision of

13 services to such children through arrangements which

14 shall be subject to the requirements of this part. Such

15 waivers shall be subject to consultation, withholding, no16 tice, and judicial review requirements in accordance with

17 the provisions of title I.

18 ‘‘SEC. 7607. USES OF FUNDS.

19 ‘‘(a) USE OF FUNDS.—Funds awarded under this

20 part shall be used to pay for enhanced instructional oppor21 tunities for immigrant children and youth, which may in22 clude—

23 ‘‘(1) family literacy, parent outreach, and train24 ing activities designed to assist parents to become

25 active participants in the education of their children;
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•HR 6 RFS

1 ‘‘(2) salaries of personnel, including teacher

2 aides who have been specifically trained, or are being

3 trained, to provide services to immigrant children

4 and youth;

5 ‘‘(3) tutorials, mentoring, and academic or ca6 reer counseling for immigrant children and youth;

7 ‘‘(4) identification and acquisition of curricular

8 materials, educational software, and technologies to

9 be used in the program; and

10 ‘‘(5) such other activities, related to the pur11 poses of this part, as the Secretary may authorize.

12 ‘‘(b) CONSORTIA.—A local educational agency that

13 receives a grant under this part may collaborate or form

14 a consortium with one or more local educational agencies,

15 institutions of higher education, and non-profit organiza16 tions to carry out the approved program.

17 ‘‘(c) SUBGRANTS.—A local educational agency that

18 receives a grant under this part may, with the approval

19 of the Secretary, make a subgrant to, or enter into a con20 tract with, an institution of higher education, a non-profit

21 organization, or a consortium of such entities to carry out

22 an approved program, including a program to serve out23 of-school youth.
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•HR 6 RFS

1 ‘‘SEC. 7608. REPORTS.

2 ‘‘(a) BIENNIAL REPORT.—Each State educational

3 agency receiving funds under this part shall submit, once

4 every 2 years, a report to the Secretary concerning the

5 expenditure of funds by local educational agencies under

6 this part. Each local educational agency receiving funds

7 under this part shall submit to the State educational agen8 cy such information as may be necessary for such report.

9 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall

10 submit, once every 2 years, a report to the appropriate

11 committees of the Congress concerning programs under

12 this part.

13 ‘‘SEC. 7609. AUTHORIZATION OF APPROPRIATIONS.

14 ‘‘For the purpose of carrying out the provisions of

15 this part, there are authorized to be appropriated

16 $75,000,000 in fiscal year 1995, and such sums as may

17 be necessary for each of the fiscal years 1996, 1997, 1998,

18 and 1999.

19 ‘‘TITLE VIII—IMPACT AID

20 ‘‘SEC. 8001. FINDINGS.

21 ‘‘The Congress finds that—

22 ‘‘(1) certain activities of the Federal Govern23 ment place a financial burden on the local edu24 cational agencies serving areas where such activities

25 are carried out; and
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•HR 6 RFS

1 ‘‘(2) it is the shared responsibility of the Fed2 eral Government, the States, and local educational

3 agencies to provide for the education of children con4 nected to those activities.

5 ‘‘SEC. 8002. PURPOSE.

6 ‘‘In order to fulfill the Federal responsibility to assist

7 with the provision of educational services to federally con8 nected children, and to help them meet challenging State

9 standards, it is the purpose of this title to provide financial

10 assistance to local educational agencies that—

11 ‘‘(1) experience a substantial and continuing fi12 nancial burden due to the acquisition of real prop13 erty by the United States;

14 ‘‘(2) educate children who reside on Federal

15 property and whose parents are employed on Federal

16 property;

17 ‘‘(3) educate children of parents who are in the

18 military services and children who live in low-rent

19 housing;

20 ‘‘(4) experience sudden and substantial in21 creases in enrollments because of military

22 realignments; or

23 ‘‘(5) need special assistance with capital ex24 penditures for construction activities because of the

25 enrollments of substantial numbers of children who
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•HR 6 RFS

1 reside on Indian lands or who are defined in sections

2 2 and 3 of the Act of September 23, 1950 (Public

3 Law 815, 81st Congress; 20 U.S.C. 631 et seq.).

4 ‘‘SEC. 8003. PAYMENTS RELATING TO FEDERAL ACQUISI5 TION OF REAL PROPERTY.

6 ‘‘(a) IN GENERAL.—Where the Secretary, after con7 sultation with any local educational agency and with the

8 appropriate State educational agency, determines for a fis9 cal year ending prior to October 1, 1999—

10 ‘‘(1) that the United States owns Federal prop11 erty in the local educational agency, and that such

12 property—

13 ‘‘(A) has been acquired by the United

14 States since 1938;

15 ‘‘(B) was not acquired by exchange for

16 other Federal property in the local educational

17 agency which the United States owned before

18 1939; and

19 ‘‘(C) had an assessed value (determined as

20 of the time or times when so acquired) aggre21 gating 10 percent or more of the assessed value

22 of all real property in the local educational

23 agency (similarly determined as of the time or

24 times when such Federal property was so ac25 quired); and
629

•HR 6 RFS

1 ‘‘(2) that such agency is not being substantially

2 compensated for the loss in revenue resulting from

3 such ownership by increases in revenue accruing to

4 the agency from the conduct of Federal activities

5 with respect to such Federal property,

6 then such agency shall be paid the amount described in

7 subsection (b).

8 ‘‘(b) AMOUNT.—

9 ‘‘(1) IN GENERAL.—(A) The amount that a

10 local educational agency shall be paid under sub11 section (a) for a fiscal year shall be calculated in ac12 cordance with paragraph (2), except that such

13 amount shall be reduced by the Secretary by an

14 amount equal to the amount of revenue, if any, that

15 such agency received from activities conducted on

16 such property during the previous fiscal year.

17 ‘‘(B) If funds appropriated under section

18 8013(a) are insufficient to pay the amount deter19 mined under subparagraph (A), the Secretary shall

20 ratably reduce the payment to each eligible local

21 educational agency.

22 ‘‘(C) Notwithstanding any other provision of

23 this subsection, a local educational agency may not

24 be paid an amount under this section which exceeds

25 the difference of—
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•HR 6 RFS

1 ‘‘(i) the maximum amount that such agen2 cy is eligible to receive for such fiscal year

3 under section 8004(b)(1)(C); and

4 ‘‘(ii) the amount that such agency receives

5 in such fiscal year under section 8004(b)(2).

6 ‘‘(2) APPLICATION OF CURRENT LEVIED REAL

7 PROPERTY TAX RATE.—In calculating the amount

8 that a local educational agency shall be paid for a

9 fiscal year, the Secretary shall apply the current lev10 ied real property tax rate for current expenditures

11 levied by fiscally independent local educational agen12 cies or imputed, for fiscally dependent local edu13 cational agencies, to the current annually deter14 mined aggregate assessed value of such acquired

15 Federal property.

16 ‘‘(3) DETERMINATION OF AGGREGATE AS17 SESSED VALUE.—Such aggregate assessed value of

18 such acquired Federal property shall be determined

19 (on the basis of the highest and best use of property

20 adjacent to such acquired Federal property as of the

21 time such value is determined), and provided to the

22 Secretary, by the local official responsible for assess23 ing the value of real property located in the jurisdic24 tion of such local educational agency for the purpose

25 of levying a property tax.
631

•HR 6 RFS

1 ‘‘(c) APPLICABILITY TO TENNESSEE VALLEY AU2 THORITY ACT.—For the purposes of this section, any real

3 property with respect to which payments are being made

4 under section 13 of the Tennessee Valley Authority Act

5 of 1933 shall not be regarded as Federal property.

6 ‘‘(d) OWNERSHIP BY UNITED STATES.—The United

7 States shall be deemed to own Federal property for the

8 purposes of this Act, where—

9 ‘‘(1) prior to the transfer of Federal property,

10 the United States owned Federal property meeting

11 the requirements of subparagraphs (A), (B), and (C)

12 of subsection (a)(1); and

13 ‘‘(2) the United States transfers a portion of

14 the property referred to in paragraph (1) to another

15 nontaxable entity, and the United States—

16 ‘‘(A) restricts some or any construction on

17 such property;

18 ‘‘(B) requires that the property be used in

19 perpetuity for the public purposes for which it

20 was conveyed;

21 ‘‘(C) requires the grantee of the property

22 to report to the Federal government (or its

23 agent) containing information on the use of the

24 property;
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•HR 6 RFS

1 ‘‘(D) except with the approval of the Fed2 eral government (or its agent), prohibits the

3 sale, lease, assignment, or other disposal of the

4 property unless such sale, lease, assignment, or

5 other disposal is to another eligible government

6 agency; and

7 ‘‘(E) reserves to the Federal government a

8 right of reversion at any time the Federal gov9 ernment (or its agent) deems it necessary for

10 the national defense.

11 ‘‘(e) SCHOOL DISTRICT CONTAINING FOREST SERV12 ICE LAND AND SERVING CERTAIN COUNTIES.—Beginning

13 with fiscal year 1995, a school district shall be deemed

14 to meet the requirements of subsection (a)(1)(C) if such

15 school district meets the following requirements:

16 ‘‘(1) The school district contains between

17 50,000 and 55,000 acres of land that has been ac18 quired by the Forest Service of the Department of

19 Agriculture between 1915 and 1990, as dem20 onstrated by written evidence from the Forest Serv21 ice satisfactory to the Secretary.

22 ‘‘(2) The school district serves a county char23 tered by State law in 1875.
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1 ‘‘SEC. 8004. PAYMENTS FOR ELIGIBLE FEDERALLY CON2 NECTED CHILDREN.

3 ‘‘(a) COMPUTATION OF PAYMENT.—

4 ‘‘(1) IN GENERAL.—For the purpose of comput5 ing the amount that a local educational agency is eli6 gible to receive under subsection (b), (d), or (f) for

7 any fiscal year, the Secretary shall determine the

8 number of children who were in average daily at9 tendance in the schools of such agency, and for

10 whom such agency provided free public education,

11 during the preceding school year and who, while in

12 attendance at such schools—

13 ‘‘(A) resided on Federal property with a

14 parent employed on Federal property situated

15 in whole or in part within the boundaries of the

16 school district of such agency;

17 ‘‘(B) resided on Federal property and had

18 a parent on active duty in the uniformed serv19 ices (as defined in section 101 of title 37,

20 United States Code);

21 ‘‘(C) resided on Indian lands;

22 ‘‘(D) had a parent on active duty in the

23 uniformed services (as defined by section 101 of

24 title 37, United States Code) but did not reside

25 on Federal property; or

26 ‘‘(E) resided in low-rent housing.
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•HR 6 RFS

1 ‘‘(2) DETERMINATION OF WEIGHTED STUDENT

2 UNITS.—For purposes of computing the basic sup3 port payment under subsection (b), the Secretary

4 shall calculate the total number of weighted student

5 units for a local educational agency by adding to6 gether the results obtained by the following com7 putations:

8 ‘‘(A) Multiply the number of children de9 scribed in subparagraphs (A) and (B) of para10 graph (1) by a factor of 1.0.

11 ‘‘(B) Multiply the number of children de12 scribed in paragraph (1)(C) by a factor of 1.25.

13 ‘‘(C) Multiply the number of children de14 scribed in subparagraphs (A) and (B) of para15 graph (1) by a factor of .35 if the local edu16 cational agency has—

17 ‘‘(i) a number of such children de18 scribed in such subparagraphs which ex19 ceeds 6,500; and

20 ‘‘(ii) an average daily attendance for

21 all children which exceeds 100,000.

22 ‘‘(D) Multiply the number of children de23 scribed in subparagraphs (D) and (E) of para24 graph (1) by a factor of .20.
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•HR 6 RFS

1 ‘‘(b) BASIC SUPPORT PAYMENTS AND PAYMENTS

2 WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFI3 CIENT FUNDS ARE APPROPRIATED.—

4 ‘‘(1) BASIC SUPPORT PAYMENTS.—

5 ‘‘(A) IN GENERAL.—From the amount ap6 propriated under section 8013(b) for a fiscal

7 year, the Secretary is authorized to make basic

8 support payments to eligible local educational

9 agencies with children described under sub10 section (a).

11 ‘‘(B) ELIGIBILITY.—A local educational

12 agency shall be entitled to receive a basic sup13 port payment under subparagraph (A) for a fis14 cal year with respect to a number of children

15 determined under subsection (a) only if the

16 number of children so determined with respect

17 to such agency amounts to the lesser of—

18 ‘‘(i) at least 400 such children, or

19 ‘‘(ii) a number of such children which

20 equals at least 3 percent of the total num21 ber of children who were in average daily

22 attendance, during such year, at the

23 schools of such agency and for whom such

24 agency provided free public education.
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•HR 6 RFS

1 ‘‘(C) MAXIMUM AMOUNT.—The maximum

2 amount that a local educational agency is eligi3 ble to receive under this subsection for any fis4 cal year is the sum of the total weighted stu5 dent units, as computed under subsection

6 (a)(2), multiplied by—

7 ‘‘(i) the greater of—

8 ‘‘(I) one-half of the average per

9 pupil expenditure of the State in

10 which the local educational agency is

11 located for the 3rd preceding fiscal

12 year, or

13 ‘‘(II) one-half of the average per

14 pupil expenditure of all of the States

15 for the 3rd preceding fiscal year;

16 ‘‘(ii) the comparable local contribution

17 rate certified by the State, as determined

18 under regulations prescribed to carry out

19 the Act of September 30, 1950 (Public

20 Law 874, 81st Congress), as in effect on

21 January 1, 1994; or

22 ‘‘(iii) the average per pupil expendi23 ture of the State in which the local edu24 cational agency is located, multiplied by

25 the local contribution percentage.
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•HR 6 RFS

1 ‘‘(2) PAYMENTS WITH RESPECT TO FISCAL

2 YEARS IN WHICH INSUFFICIENT FUNDS ARE APPRO3 PRIATED.—

4 ‘‘(A) IN GENERAL.—For any fiscal year in

5 which the sums appropriated under section

6 8013(b) are insufficient to pay to each local

7 educational agency the full amount computed

8 under paragraph (1), the Secretary shall make

9 payments based upon the provisions of this

10 paragraph.

11 ‘‘(B) LEARNING OPPORTUNITY THRESH12 OLD PAYMENTS.—(i) For fiscal years described

13 in subparagraph (A), the Secretary shall com14 pute a learning opportunity threshold payment

15 (hereinafter ‘threshold payment’) by multiplying

16 the amount obtained under paragraph (1)(C) by

17 the total percentage obtained by adding—

18 ‘‘(I) the percentage of federally con19 nected children for each local educational

20 agency determined by calculating the frac21 tion, the numerator of which is the total

22 number of children described under sub23 section (a)(1) and the denominator of

24 which is the total number of children in av-
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•HR 6 RFS

1 erage daily attendance at the schools

2 served by such agency; and

3 ‘‘(II) the percentage that funds under

4 this paragraph represent of the total budg5 et of the local educational agency, deter6 mined by calculating the fraction, the nu7 merator of which is the total amount of

8 funds calculated for each educational agen9 cy under this paragraph (not including

10 amounts received under subsection (f)),

11 and the denominator of which is the total

12 current expenditures for such agency.

13 ‘‘(ii) Such total percentage used to cal14 culate threshold payments under paragraph (1)

15 shall not exceed 100.

16 ‘‘(C) RATABLE DISTRIBUTION.—For fiscal

17 years described in subparagraph (A), the Sec18 retary shall make payments as a ratable dis19 tribution based upon the computation made

20 under subparagraph (B).

21 ‘‘(c) PRIOR YEAR DATA.—All calculations under this

22 section shall be based upon data for each local educational

23 agency from the fiscal year preceding the fiscal year for

24 which the agency is making application for payment.
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•HR 6 RFS

1 ‘‘(d) USE OF FUNDS FOR CHILDREN WITH DISABIL2 ITIES.—

3 ‘‘(1) IN GENERAL.—From the amount appro4 priated under section 8013(c) for a fiscal year, the

5 Secretary shall pay to each eligible local educational

6 agency, on a pro rata basis, the amounts determined

7 by—

8 ‘‘(A) multiplying the number of children

9 described in subparagraphs (B) and (C) of sub10 section (a)(1) who are eligible to receive services

11 under the Individuals with Disabilities Edu12 cation Act (20 U.S.C. 1400 et seq.) by a factor

13 of 1.0; and

14 ‘‘(B) multiplying the number of children

15 described in subparagraph (D) of subsection

16 (a)(1) who are eligible to receive services under

17 such Act by a factor of .5.

18 ‘‘(2) USE OF FUNDS.—A local educational

19 agency that receives funds under paragraph (1) shall

20 use such funds to provide a free appropriate public

21 education to children described in paragraph (1) in

22 accordance with the Individuals with Disabilities

23 Education Act.

24 ‘‘(e) HOLD-HARMLESS AMOUNTS.—
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•HR 6 RFS

1 ‘‘(1) IN GENERAL.—Notwithstanding any other

2 provision of this section, the total amount that the

3 Secretary shall pay to a local educational agency

4 under subsections (b) and (f)—

5 ‘‘(A) for fiscal year 1995, shall not be less

6 than 80 percent of the payment such agency re7 ceived for fiscal year 1994 under section 3(a) of

8 the Act of September 30, 1950 (Public Law

9 81–874, 81st Congress), as in effect for fiscal

10 year 1994;

11 ‘‘(B) for fiscal year 1996, shall not be less

12 than 60 percent of such payment received for

13 fiscal year 1994; and

14 ‘‘(C) for fiscal year 1997, shall not be less

15 than 40 percent of such payment received for

16 fiscal year 1994.

17 ‘‘(2) REDUCTION IN PAYMENTS.—In order to

18 make payments to local educational agencies in ac19 cordance with paragraph (1), the Secretary shall re20 duce payments to other local educational agencies

21 determined under subsection (b).

22 ‘‘(f) ADDITIONAL ASSISTANCE FOR HEAVILY IM23 PACTED LOCAL EDUCATIONAL AGENCIES.—

24 ‘‘(1) IN GENERAL.—From amounts appro25 priated under section 8013(d) for a fiscal year, the
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•HR 6 RFS

1 Secretary shall provide additional assistance to meet

2 special circumstances relating to the provision of

3 education in local educational agencies eligible to re4 ceive assistance under this section.

5 ‘‘(2) ELIGIBILITY.—A local educational agency

6 shall be eligible to receive additional assistance

7 under this subsection only if such agency—

8 ‘‘(A)(i) has an enrollment of federally con9 nected children described in subsection (a)(1)

10 which constitutes at least 40 percent of the

11 total student enrollment of such agency; and

12 ‘‘(ii) has a tax rate for general fund pur13 poses which is at least 95 percent of the aver14 age tax rate for general fund purposes of com15 parable local educational agencies in the State;

16 ‘‘(B)(i) has an enrollment of federally con17 nected children described in subsection (a)(1)

18 which constitutes at least 35 percent of the

19 total student enrollment of such agency; and

20 ‘‘(ii) has a tax rate for general fund pur21 poses which is at least 125 percent of the aver22 age tax rate for general fund purposes of com23 parable local educational agencies in the State;

24 or
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•HR 6 RFS

1 ‘‘(C) is a local education agency whose

2 boundaries are the same as a Federal military

3 installation or includes Federal property under

4 exclusive Federal jurisdiction.

5 ‘‘(3) MAXIMUM PAYMENTS.—

6 ‘‘(A) IN GENERAL.—Subject to subpara7 graph (B), the Secretary shall determine the

8 maximum amount that a local educational

9 agency may receive under this subsection in ac10 cordance with the following computations:

11 ‘‘(i) The Secretary shall first deter12 mine the greater of—

13 ‘‘(I) the average per pupil ex14 penditure of the State in which the

15 local educational agency is located or

16 the average per pupil expenditure of

17 all the States;

18 ‘‘(II) the average per pupil ex19 penditure of generally comparable

20 school districts located in the State of

21 the local educational agency, as de22 fined by the Secretary in regulations;

23 or

24 ‘‘(III) the average per pupil ex25 penditure of three generally com-
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•HR 6 RFS

1 parable school districts located in the

2 State of the local educational agency,

3 as defined by the Secretary in regula4 tions.

5 ‘‘(ii) The Secretary shall next subtract

6 from the amount determined under clause

7 (i) the average amount of State aid per

8 pupil received by the local educational

9 agency.

10 ‘‘(iii) The Secretary shall next mul11 tiply the amount determined under clause

12 (ii) by the sum of the total weighted units

13 of the local educational agency, as com14 puted under subsection (a)(2).

15 ‘‘(iv) If the tax rate of the local edu16 cational agency is greater than 94 percent,

17 but less than 100 percent, of the tax rate

18 of comparable school districts, the Sec19 retary shall next multiply the amount de20 termined under clause (iii) by the percent21 age that the tax rate of the local edu22 cational agency is of—

23 ‘‘(I) the average tax rate of its

24 generally comparable school districts;

25 or
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•HR 6 RFS

1 ‘‘(II) the average tax rate of all

2 the school districts in the State in

3 which the local educational agency is

4 located.

5 ‘‘(v) The Secretary shall next subtract

6 the total amount of payments received by

7 a local educational agency under sub8 sections (b) and (d) for a fiscal year from

9 the amount determined under clause (iii)

10 or clause (iv), as the case may be.

11 ‘‘(B) SPECIAL RULE.—With respect to

12 payments to local educational agencies de13 scribed in subparagraphs (B) and (C) of para14 graph (2), the maximum amount of such pay15 ments shall be equal to the product of the aver16 age per pupil expenditure of all the States mul17 tiplied by .7, except that such amount may not

18 exceed 125 percent of the average per pupil ex19 penditure of all local educational agencies in the

20 State.

21 ‘‘(4) CURRENT YEAR DATA.—The Secretary

22 shall, for purposes of providing assistance under this

23 subsection, use—
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•HR 6 RFS

1 ‘‘(A) data from the fiscal year in which the

2 local educational agency is applying for assist3 ance under this subsection; or

4 ‘‘(B) the most recent data available which

5 is adjusted to such fiscal year.

6 ‘‘(5) REDUCTION IN PAYMENTS.—If funds ap7 propriated to carry out this subsection are insuffi8 cient to pay in full the amounts determined under

9 paragraph (3), the Secretary shall ratably reduce the

10 payment to each eligible local educational agency.

11 ‘‘SEC. 8005. POLICIES AND PROCEDURES RELATING TO

12 CHILDREN RESIDING ON INDIAN LANDS.

13 ‘‘(a) IN GENERAL.—A local educational agency that

14 claims children residing on Indian lands for the purpose

15 of receiving funds under section 8004 shall establish poli16 cies and procedures to ensure that—

17 ‘‘(1) such children participate in programs and

18 activities supported by such funds on an equal basis

19 with all other children;

20 ‘‘(2) parents of such children and Indian tribes

21 are afforded an opportunity to present their views on

22 such programs and activities, including an oppor23 tunity to make recommendations on the needs of

24 those children and how they may help those children

25 realize the benefits of those programs and activities;
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1 ‘‘(3) parents and Indian tribes are consulted

2 and involved in planning and developing such pro3 grams and activities;

4 ‘‘(4) relevant applications, evaluations, and pro5 gram plans are disseminated to the parents and In6 dian tribes; and

7 ‘‘(5) parents and Indian tribes are afforded an

8 opportunity to present their views on the agency’s

9 general educational program to such agency.

10 ‘‘(b) RECORDS.—A local educational agency that

11 claims children residing on Indian lands for the purpose

12 of receiving funds under section 8004 shall maintain

13 records demonstrating its compliance with requirements

14 contained in subsection (a).

15 ‘‘(c) WAIVER.—A local educational agency that

16 claims children residing on Indian lands for the purpose

17 of receiving funds under section 8004 is excused from the

18 requirements contained in subsections (a) and (b) for any

19 year with respect to any Indian tribe from which it has

20 received a written statement that the agency need not

21 comply with those subsections because the tribe is satisfied

22 with the provision of educational services by such agency

23 to such children.

24 ‘‘(d) TECHNICAL ASSISTANCE AND ENFORCE25 MENT.—The Secretary shall—
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•HR 6 RFS

1 ‘‘(1) provide technical assistance to local edu2 cational agencies, parents, and Indian tribes to en3 able them to carry out this section; and

4 ‘‘(2) enforce this section through such actions,

5 which may include the withholding of funds, as the

6 Secretary determines to be appropriate, after afford7 ing the affected local educational agency, parents,

8 and Indian tribe an opportunity to present their

9 views.

10 ‘‘SEC. 8006. APPLICATION FOR PAYMENTS UNDER SEC11 TIONS 8003 AND 8004.

12 ‘‘(a) IN GENERAL.—A local educational agency desir13 ing to receive a payment under section 8003 or 8004

14 shall—

15 ‘‘(1) submit an application for such payment to

16 the Secretary; and

17 ‘‘(2) provide a copy of such application to the

18 State educational agency.

19 ‘‘(b) CONTENTS.—Each such application shall be

20 submitted in such form and manner, and shall contain

21 such information, as the Secretary may require, includ22 ing—

23 ‘‘(1) information to determine the eligibility of

24 the local educational agency for a payment and the

25 amount of such payment; and
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•HR 6 RFS

1 ‘‘(2) where applicable, an assurance that such

2 agency is in compliance with section 8005 (relating

3 to children residing on Indian lands).

4 ‘‘(c) DEADLINE FOR SUBMISSION.—The Secretary

5 shall establish deadlines for the submission of applications

6 under this section.

7 ‘‘(d) APPROVAL.—

8 ‘‘(1) IN GENERAL.—The Secretary shall ap9 prove an application submitted under this section

10 that—

11 ‘‘(A) is filed by the deadline established

12 under subsection (c); and

13 ‘‘(B) otherwise meets the requirements of

14 this title.

15 ‘‘(2) REDUCTION IN PAYMENT.—The Secretary

16 shall approve an application filed up to 60 days after

17 a deadline established under subsection (c) that oth18 erwise meets the requirements of this title, except

19 that, notwithstanding section 8004(e), the Secretary

20 shall reduce the payment based on such late applica21 tion by 10 percent of the amount that would other22 wise be paid.

23 ‘‘(3) LATE APPLICATIONS.—The Secretary shall

24 not accept or approve any application that is filed
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1 more than 60 days after a deadline established

2 under subsection (c).

3 ‘‘SEC. 8007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL IN4 CREASES IN ATTENDANCE OF MILITARY DE5 PENDENTS.

6 ‘‘(a) ELIGIBILITY.—A local educational agency is eli7 gible for a payment under this section if—

8 ‘‘(1) the number of children in average daily at9 tendance during the current school year is at least

10 ten percent or 100 more than the number of chil11 dren in average daily attendance in the preceding

12 school year; and

13 ‘‘(2) the number of children in average daily at14 tendance with a parent on active duty (as defined in

15 section 101(18) of title 37, United States Code) in

16 the Armed Forces who are in attendance at such

17 agency because of the assignment of their parent to

18 a new duty station between July 1 and September

19 30, inclusive, of the current year, as certified by an

20 appropriate local official of the Department of De21 fense, is at least ten percent or 100 more than the

22 number of children in average daily attendance in

23 the preceding school year.

24 ‘‘(b) APPLICATION.—A local educational agency that

25 wishes to receive a payment under this section shall file
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1 an application with the Secretary by October 15 of the

2 current school year, in such manner and containing such

3 information as the Secretary may prescribe, including

4 information demonstrating that it is eligible for such a

5 payment.

6 ‘‘(c) CHILDREN TO BE COUNTED.—For each eligible

7 local educational agency that applies for a payment under

8 this section, the Secretary shall determine the lesser of—

9 ‘‘(1) the increase in the number of children in

10 average daily attendance from the preceding year;

11 and

12 ‘‘(2) the number of children described in sub13 section (a)(2).

14 ‘‘(d) PAYMENTS.—From the amount appropriated for

15 a fiscal year under section 8013(c), the Secretary shall

16 pay each local educational agency with an approved appli17 cation an amount, not to exceed $200 per eligible child,

18 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

25 for that local educational agency.
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1 ‘‘(e) NOTIFICATION PROCESS.—

2 ‘‘(1) ESTABLISHMENT.—The Secretary shall

3 endeavor to establish, with the Secretary of Defense,

4 a notification process relating to the closure of De5 partment of Defense facilities, or the adjustment of

6 personnel levels assigned to such facilities, which

7 may substantially affect the student enrollment lev8 els of local educational agencies which receive or

9 may receive payments under this title.

10 ‘‘(2) INFORMATION.—Such process shall pro11 vide timely information regarding such closures and

12 such adjustments—

13 ‘‘(A) by the Secretary of Defense to the

14 Secretary; and

15 ‘‘(B) by the Secretary to the affected local

16 educational agencies.

17 ‘‘SEC. 8008. FACILITIES.

18 ‘‘(a) CURRENT FACILITIES.—From the amount ap19 propriated for any fiscal year under section 8013(e), the

20 Secretary may continue to provide assistance for school

21 facilities that were supported by the Secretary under sec22 tion 10 of the Act of September 23, 1950 (Public Law

23 815, 81st Congress; 20 U.S.C. 640) as in effect prior to

24 the date of the enactment of the Improving America’s

25 Schools Act of 1994.
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1 ‘‘(b) TRANSFER OF FACILITIES.—

2 ‘‘(1) IN GENERAL.—The Secretary shall, as

3 soon as practicable, transfer to the appropriate local

4 educational agency or another appropriate entity all

5 the right, title, and interest of the United States in

6 and to each facility provided under section 10 of the

7 Act of September 23, 1950 (Public Law 815, 81st

8 Congress; 20 U.S.C. 640), or under section 204 or

9 310 of the Act of September 30, 1950 (Public Law

10 874, 81st Congress), as in effect on January 1,

11 1958.

12 ‘‘(2) OTHER REQUIREMENTS.—Any such trans13 fer shall be without charge to such agency or entity,

14 and prior to such transfer, the transfer must be con15 sented to by the local education agency or other ap16 propriate entity, and may be made on such terms

17 and conditions as the Secretary deems appropriate

18 to carry out the purposes of this Act.

19 ‘‘SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PRO20 VIDING STATE AID.

21 ‘‘(a) GENERAL PROHIBITION.—Except as provided in

22 subsection (b), a State may not—

23 ‘‘(1) consider payments under this title or

24 under the Act of September 30, 1950 (Public Law
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•HR 6 RFS

1 874, 81st Congress) in determining for any fiscal

2 year—

3 ‘‘(A) the eligibility of a local educational

4 agency for State aid for free public education;

5 or

6 ‘‘(B) the amount of such aid; or

7 ‘‘(2) make such aid available to local edu8 cational agencies in a manner that results in less

9 State aid to any local educational agency that is eli10 gible for such payment than it would receive if it

11 were not so eligible.

12 ‘‘(b) STATE EQUALIZATION PLANS.—

13 ‘‘(1) IN GENERAL.—A State may reduce State

14 aid to a local educational agency that receives a pay15 ment under sections 8003 and 8004(b) (except the

16 amount calculated in excess of 1.0 under subpara17 graph (B) of subsection (a)(2)) or under the Act of

18 September 30, 1950 (Public Law 874, 81st Con19 gress) as such Act existed prior to the enactment of

20 the Improving America’s Schools Act of 1994 (other

21 than an increase in payments described in para22 graphs (2)(B), (2)(C), (2)(D), or (3)(B)(ii) of sec23 tion 3(d) of such Act of September 30, 1950) for

24 any fiscal year if the Secretary determines, and cer25 tifies under subsection (c)(3)(A), that such State
654

•HR 6 RFS

1 has in effect a program of State aid that equalizes

2 expenditures for free public education among local

3 educational agencies in such State.

4 ‘‘(2) COMPUTATION.—

5 ‘‘(A) IN GENERAL.—(i) For purposes of

6 paragraph (1), a program of State aid equalizes

7 expenditures among local educational agencies

8 if, in the second preceding fiscal year, the

9 amount of per-pupil expenditures made by, or

10 per-pupil revenues available to, the local edu11 cational agency in the State with the highest

12 such per-pupil expenditures or revenues did not

13 exceed the amount of such per-pupil expendi14 tures made by, or per-pupil revenues available

15 to, the local educational agency in the State

16 with the lowest such expenditures or revenues

17 by more than 10 percent.

18 ‘‘(ii) If a program of State aid uses a

19 ‘weighted-pupil’, ‘classroom’, ‘instructional

20 unit’, or other designated unit of need in deter21 mining allocations of State aid in order to take

22 account of special cost differentials, the com23 putation of per-pupil revenue or current ex24 penditures may be made on the basis of any

25 such unit of need.
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1 ‘‘(B) OTHER FACTORS.—In making a de2 termination under this subsection, the Secretary

3 shall—

4 ‘‘(i) disregard local educational agen5 cies with per-pupil expenditures or reve6 nues above the 95th percentile or below the

7 5th percentile of such expenditures or reve8 nues in the State; and

9 ‘‘(ii) take into account the extent to

10 which a program of State aid reflects the

11 additional cost of providing free public

12 education in particular types of local edu13 cational agencies, such as those that are

14 geographically isolated, or to particular

15 types of students, such as children with

16 disabilities.

17 ‘‘(3) EXCEPTION.—Notwithstanding paragraph

18 (2), if the Secretary determines that the State has

19 substantially revised its program of State aid, the

20 Secretary may certify such program for any fiscal

21 year only if—

22 ‘‘(A) the Secretary determines, on the

23 basis of projected data, that the State’s pro24 gram will meet the 10 percent disparity stand-
656

•HR 6 RFS

1 ard described in paragraph (2) in that fiscal

2 year; and

3 ‘‘(B) the State provides an assurance to

4 the Secretary that, if final data do not dem5 onstrate that the State’s program met such

6 standard for that year (or that it met such

7 standard with a greater percentage of disparity

8 than anticipated), the State will pay to each af9 fected local educational agency the amount by

10 which it reduced State aid to the local edu11 cational agency on the basis of such certifi12 cation, or a proportionate share thereof, as the

13 case may be.

14 ‘‘(c) PROCEDURES FOR REVIEW OF STATE EQUALI15 ZATION PLANS.—

16 ‘‘(1) WRITTEN NOTICE.—

17 ‘‘(A) IN GENERAL.—Any State that wishes

18 to consider payments described in subsection

19 (b)(1) in providing State aid to local edu20 cational agencies shall submit to the Secretary,

21 not later than 120 days before the beginning of

22 the State’s fiscal year, a written notice of its in23 tention to do so.

24 ‘‘(B) CONTENTS.—Such notice shall be in

25 the form and contain the information the Sec-
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•HR 6 RFS

1 retary requires, including evidence that the

2 State has notified each local educational agency

3 in the State of its intention to consider such

4 payments in providing State aid.

5 ‘‘(2) OPPORTUNITY TO PRESENT VIEWS.—Be6 fore making a determination under subsection (b),

7 the Secretary shall afford the State, and local edu8 cational agencies in the State, an opportunity to

9 present their views.

10 ‘‘(3) QUALIFICATION PROCEDURES.—If the

11 Secretary determines that a program of State aid

12 qualifies under subsection (b), the Secretary shall—

13 ‘‘(A) certify the program and so notify the

14 State; and

15 ‘‘(B) afford an opportunity for a hearing,

16 in accordance with section 8011(a), to any local

17 educational agency adversely affected by such

18 certification.

19 ‘‘(4) NON-QUALIFICATION PROCEDURES.—If

20 the Secretary determines that a program of State

21 aid does not qualify under subsection (b), the Sec22 retary shall—

23 ‘‘(A) so notify the State; and

24 ‘‘(B) afford an opportunity for a hearing,

25 in accordance with section 8011(a), to the
658

•HR 6 RFS

1 State, and to any local educational agency ad2 versely affected by such determination.

3 ‘‘(d) REDUCTIONS OF STATE AID.—

4 ‘‘(1) IN GENERAL.—A State whose program of

5 State aid has been certified by the Secretary under

6 subsection (c)(3) may reduce the amount of such aid

7 provided to a local educational agency that receives

8 a payment under section 8003 and section 8004(b)

9 by any amount up to—

10 ‘‘(A) the amount of such payment (exclud11 ing amounts provided under subsections (d) and

12 (f) of section 8004 and the amount calculated

13 in excess of 1.0 under section 8004(a)(2)); mul14 tiplied by

15 ‘‘(B) 100 percent minus the percentage of

16 disparity determined under subsection (b).

17 ‘‘(2) PROHIBITION.—A State may not make a

18 reduction described in paragraph (1) before its pro19 gram of State aid has been certified by the Sec20 retary under subsection (c)(3).

21 ‘‘(e) REMEDIES FOR STATE VIOLATIONS.—

22 ‘‘(1) IN GENERAL.—The Secretary or any ag23 grieved local educational agency may, without ex24 hausting administrative remedies, bring an action in

25 a United States district court against any State that
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1 violates subsection (a) or subsection (d)(2) or fails

2 to carry out an assurance provided under subsection

3 (b)(3)(B).

4 ‘‘(2) IMMUNITY.—A State shall not be immune

5 under the eleventh amendment to the Constitution of

6 the United States from an action described in para7 graph (1).

8 ‘‘(3) RELIEF.—The court shall grant such relief

9 as it determines is appropriate, which may include

10 attorney’s fees to a prevailing local educational

11 agency.

12 ‘‘SEC. 8010. FEDERAL ADMINISTRATION.

13 ‘‘(a) PAYMENTS IN WHOLE DOLLAR AMOUNTS—The

14 Secretary shall round any payments under this title to the

15 nearest whole dollar amount.

16 ‘‘(b) OTHER AGENCIES.—Each Federal agency ad17 ministering Federal property on which children reside, and

18 each agency principally responsible for an activity that

19 may occasion assistance under this title, shall, to the maxi20 mum extent practicable, comply with requests of the Sec21 retary for information the Secretary may require to carry

22 out this title.
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1 ‘‘SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL RE2 VIEW.

3 ‘‘(a) ADMINISTRATIVE HEARINGS.—A local edu4 cational agency and a State that is adversely affected by

5 any action of the Secretary under this title shall be enti6 tled to a hearing on such action in the same manner as

7 if such agency were a person under chapter 5 of title 5,

8 United States Code.

9 ‘‘(b) JUDICIAL REVIEW OF SECRETARIAL ACTION.—

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

11 or a State aggrieved by the Secretary’s final decision

12 following an agency proceeding under subsection (a)

13 may, within 60 days after receiving notice of such

14 decision, file with the United States court of appeals

15 for the circuit in which such agency or State is lo16 cated a petition for review of that action. The clerk

17 of the court shall promptly transmit a copy of the

18 petition to the Secretary. The Secretary shall then

19 file in the court the record of the proceedings on

20 which the Secretary’s action was based, as provided

21 in section 2112 of title 28, United States Code.

22 ‘‘(2) FINDINGS OF FACT.—The findings of fact

23 by the Secretary, if supported by substantial evi24 dence, shall be conclusive, but the court, for good

25 cause shown, may remand the case to the Secretary

26 to take further evidence. The Secretary may there-
661

•HR 6 RFS

1 upon make new or modified findings of fact and may

2 modify the Secretary’s previous action, and shall file

3 in the court the record of the further proceedings.

4 Such new or modified findings of fact shall likewise

5 be conclusive if supported by substantial evidence.

6 ‘‘(3) REVIEW.—The court shall have exclusive

7 jurisdiction to affirm the action of the Secretary or

8 to set it aside, in whole or in part. The judgment of

9 the court shall be subject to review by the Supreme

10 Court of the United States upon certiorari or certifi11 cation as provided in section 1254 of title 28, United

12 States Code.

13 ‘‘SEC. 8012. DEFINITIONS.

14 ‘‘For purposes of this title, the following definitions

15 apply:

16 ‘‘(1) ARMED FORCES.—The term ‘Armed

17 Forces’ means the Army, Navy, Air Force, and Ma18 rine Corps.

19 ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The

20 term ‘average per-pupil expenditure’ means—

21 ‘‘(A) the aggregate current expenditures of

22 all local educational agencies in the State; di23 vided by
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•HR 6 RFS

1 ‘‘(B) the total number of children in aver2 age daily attendance for whom such agencies

3 provided free public education.

4 ‘‘(3) CONSTRUCTION.—The term ‘construction’

5 means—

6 ‘‘(A) the preparation of drawings and spec7 ifications for school facilities;

8 ‘‘(B) erecting, building, acquiring, altering,

9 remodeling, repairing, or extending school facili10 ties;

11 ‘‘(C) inspecting and supervising the con12 struction of school facilities; and

13 ‘‘(D) debt service for such activities.

14 ‘‘(4) FEDERAL PROPERTY.—

15 ‘‘(A) IN GENERAL.—Except as provided in

16 subparagraphs (B) through (F), the term ‘Fed17 eral property’ means real property that is not

18 subject to taxation by any State or any political

19 subdivision of a State due to Federal agree20 ment, law, or policy, and that is—

21 ‘‘(i) owned by the United States or

22 leased by the United States from another

23 entity;
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1 ‘‘(ii)(I) held in trust by the United

2 States for individual Indians or Indian

3 tribes;

4 ‘‘(II) held by individual Indians or In5 dian tribes subject to restrictions on alien6 ation imposed by the United States;

7 ‘‘(III) conveyed at any time under the

8 Alaska Native Claims Settlement Act

9 (Public Law 92–203, 43 U.S.C. 1601 et

10 seq.) to a Native individual, Native group,

11 or Village or Regional corporation;

12 ‘‘(IV) public land owned by the

13 United States that is designated for the

14 sole use and benefit of individual Indians

15 or Indian tribes; or

16 ‘‘(V) used for low-rent housing, as

17 otherwise described in this paragraph, that

18 is located on land described in subclause

19 (I), (II), (III), or (IV) of this clause or on

20 land that met one of those descriptions im21 mediately before its use for such housing;

22 ‘‘(iii)(I) part of a low-rent housing

23 project assisted under the United States

24 Housing Act of 1937; or
664

•HR 6 RFS

1 ‘‘(II) used to provide housing for

2 homeless children at closed military instal3 lations pursuant to section 501 of the

4 Stewart B. McKinney Homeless Assistance

5 Act (42 U.S.C. 11411); or

6 ‘‘(iv) owned by a foreign government

7 or by an international organization.

8 ‘‘(B) SCHOOLS PROVIDING FLIGHT TRAIN9 ING TO MEMBERS OF AIR FORCE.—The term

10 ‘Federal property’ includes, so long as not sub11 ject to taxation by any State or any political

12 subdivision of a State, and whether or not that

13 tax exemption is due to Federal agreement, law,

14 or policy, any school providing flight training to

15 members of the Air Force under contract with

16 the Air Force at an airport owned by a State

17 or political subdivision of a State.

18 ‘‘(C) NON-FEDERAL EASEMENTS, LEASES,

19 LICENSES, PERMITS, IMPROVEMENTS, AND CER20 TAIN OTHER REAL PROPERTY.—The term ‘Fed21 eral property’ includes, whether or not subject

22 to taxation by a State or a political subdivision

23 of a State—

24 ‘‘(i) any non-Federal easement, lease,

25 license, permit, or other such interest in
665

•HR 6 RFS

1 Federal property as otherwise described in

2 this paragraph, but not including any non3 Federal fee-simple interest;

4 ‘‘(ii) any improvement on Federal

5 property as otherwise described in this

6 paragraph; and

7 ‘‘(iii) real property that, immediately

8 before its sale or transfer to a non-Federal

9 party, was owned by the United States and

10 otherwise qualified as Federal property de11 scribed in this paragraph, but only for one

12 year beyond the end of the fiscal year of

13 such sale or transfer.

14 ‘‘(D) CERTAIN POSTAL SERVICE PROPERTY

15 AND PIPELINES AND UTILITY LINES.—Notwith16 standing any other provision of this paragraph,

17 the term ‘Federal property’ does not include—

18 ‘‘(i) any real property under the juris19 diction of the United States Postal Service

20 that is used primarily for the provision of

21 postal services; or

22 ‘‘(ii) pipelines and utility lines.

23 ‘‘(E) PROPERTY WITH RESPECT TO WHICH

24 STATE OR LOCAL TAX REVENUES MAY NOT BE

25 EXPENDED, ALLOCATED, OR AVAILABLE FOR
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•HR 6 RFS

1 FREE PUBLIC EDUCATION.—Notwithstanding

2 any other provision of this paragraph, ‘Federal

3 property’ does not include any property on

4 which children reside that is otherwise de5 scribed in this paragraph if—

6 ‘‘(i) no tax revenues of the State or of

7 any political subdivision of the State may

8 be expended for the free public education

9 of children who reside on that Federal

10 property; or

11 ‘‘(ii) no tax revenues of the State are

12 allocated or available for the free public

13 education of such children.

14 ‘‘(F) CERTAIN PROPERTY LOCATED IN

15 STATE OF OKLAHOMA OWNED BY INDIAN HOUS16 ING AUTHORITY FOR LOW-INCOME HOUSING.—

17 The term ‘Federal property’ includes any real

18 property located in the State of Oklahoma

19 that—

20 ‘‘(i) is owned by an Indian housing

21 authority and used for low-income housing

22 (including housing assisted under the mu23 tual help ownership opportunity program

24 under section 202 of the United States

25 Housing Act of 1937); and
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1 ‘‘(ii) at any time—

2 ‘‘(I) was designated by treaty as

3 tribal land; or

4 ‘‘(II) satisfied the definition of

5 Federal property under section

6 403(1)(A) of the Act of September

7 30, 1950 (Public Law 874, 81st Con8 gress).

9 ‘‘(5) FREE PUBLIC EDUCATION.—The term

10 ‘free public education’ means education that is pro11 vided—

12 ‘‘(A) at public expense, under public super13 vision and direction, and without tuition charge;

14 and

15 ‘‘(B) as elementary or secondary edu16 cation, as determined under State law, except

17 that, notwithstanding State law, such term—

18 ‘‘(i) includes preschool education; and

19 ‘‘(ii) does not include any education

20 provided beyond grade 12.

21 ‘‘(6) INDIAN LANDS.—The term ‘Indian lands’

22 means any Federal property described in paragraph

23 (4)(A)(ii) or (4)(F).

24 ‘‘(7) LOCAL CONTRIBUTION PERCENTAGE.—
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•HR 6 RFS

1 ‘‘(A) IN GENERAL.—The term ‘local con2 tribution percentage’ means the percentage of

3 current expenditures in the State derived from

4 local and intermediate sources, as reported to

5 and verified by the National Center for Edu6 cation Statistics.

7 ‘‘(B) HAWAII AND DISTRICT OF COLUM8 BIA.—Notwithstanding subparagraph (A), the

9 local contribution percentage for Hawaii and for

10 the District of Columbia shall be the local con11 tribution percentage computed for the Nation

12 as a whole.

13 ‘‘(8) LOCAL EDUCATIONAL AGENCY.—

14 ‘‘(A) IN GENERAL.—Except as provided in

15 subparagraph (B), the term ‘local educational

16 agency’—

17 ‘‘(i) means a board of education or

18 other legally constituted local school au19 thority having administrative control and

20 direction of free public education in a

21 county, township, independent school dis22 trict, or other school district; and

23 ‘‘(ii) includes any State agency that

24 directly operates and maintains facilities

25 for providing free public education.
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•HR 6 RFS

1 ‘‘(B) EXCEPTION.—The term ‘local edu2 cational agency’ does not include any agency or

3 school authority that the Secretary determines

4 on a case-by-case basis—

5 ‘‘(i) was constituted or reconstituted

6 primarily for the purpose of receiving as7 sistance under this title or the Act of Sep8 tember 30, 1950 (Public Law 874, 81st

9 Congress) or increasing the amount of

10 such assistance; or

11 ‘‘(ii) is not constituted or reconsti12 tuted for legitimate educational purposes.

13 ‘‘(9) LOW-RENT HOUSING.—The term ‘low-rent

14 housing’ means housing located on property that is

15 described paragraph (4)(A)(iii).

16 ‘‘(10) REVENUE DERIVED FROM LOCAL

17 SOURCES.—The term ‘revenue derived from local

18 sources’ means—

19 ‘‘(A) revenue produced within the bound20 aries of a local educational agency and available

21 to such agency for its use; or

22 ‘‘(B) funds collected by another govern23 mental unit, but distributed back to a local edu24 cational agency in the same proportion as it

25 was collected as a local revenue source.
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•HR 6 RFS

1 ‘‘(11) SCHOOL FACILITIES.—The term ‘school

2 facilities’ 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

8 REAL PROPERTY.—For the purpose of making payments

9 under section 8003, there are authorized to be appro10 priated $16,750,000 for fiscal year 1995 and such sums

11 as may be necessary for each of the fiscal years 1996,

12 1997, 1998, and 1999.

13 ‘‘(b) BASIC PAYMENTS.—For the purpose of making

14 payments under section 8004(a), there are authorized to

15 be appropriated $775,500,000 for fiscal year 1995 and

16 such sums as may be necessary for each of the fiscal years

17 1996, 1997, 1998, and 1999.

18 ‘‘(c) PAYMENTS FOR CHILDREN WITH DISABIL19 ITIES.—For the purpose of making payments under sec20 tion 8004(d), there are authorized to be appropriated

21 $45,000,000 for fiscal year 1995 and such sums as may

22 be necessary for each of the fiscal years 1996, 1997, 1998,

23 and 1999.

24 ‘‘(d) PAYMENTS FOR HEAVILY IMPACTED LOCAL

25 EDUCATIONAL AGENCIES.—
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1 ‘‘(1) IN GENERAL.—For the purpose of making

2 payments under section 8004(f), there are author3 ized to be appropriated $42,000,000 for fiscal year

4 1995 and such sums as may be necessary for each

5 of the fiscal years 1996, 1997, 1998, and 1999.

6 ‘‘(2) AVAILABILITY.—Amounts appropriated

7 pursuant to the authorization of appropriations

8 under paragraph (1) are authorized to remain avail9 able until expended.

10 ‘‘(e) PAYMENTS FOR INCREASES IN MILITARY CHIL11 DREN.—For the purpose of making payments under sec12 tion 8007, there are authorized to be appropriated

13 $2,000,000 for fiscal year 1995 and such sums as may

14 be necessary for each of the fiscal years 1996, 1997, 1998,

15 and 1999.

16 ‘‘(f) FACILITIES MAINTENANCE.—For the purpose of

17 making payments under section 8008, there are author18 ized to be appropriated $2,000,000 for fiscal year 1995

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

20 years 1996, 1997, 1998, and 1999.
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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

6 this 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 at11 tendance of all students during a school year;

12 divided by

13 ‘‘(ii) the number of days school is in ses14 sion 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

19 educational agencies on the basis of average daily

20 membership or such other data.

21 ‘‘(C) If the local educational agency in which a

22 child resides makes a tuition or other payment for

23 the free public education of the child in a school lo24 cated in another school district, the Secretary shall,

25 for purposes 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

9 school of another local educational agency for a child

10 with disabilities, as defined in section 602(a)(1) of

11 the Individuals with Disabilities Education Act, the

12 Secretary shall, for the purposes of this Act, con13 sider such child to be in attendance at a school of

14 the agency 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 expendi21 tures, during the third preceding fiscal

22 year (or, if satisfactory data for that year

23 are not available, during the most recent

24 preceding fiscal year for which satisfactory

25 data are available) of all local educational
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1 agencies in the State or, in the case of the

2 United States for all States (which, for the

3 purpose of this paragraph, means the 50

4 States and the District of Columbia); plus

5 ‘‘(ii) any direct current expenditures

6 by the State for operation of such agen7 cies; 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 serv20 ices 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 adminis14 tration, instruction, attendance and health serv15 ices, pupil transportation services, operation

16 and maintenance of plant, fixed charges, and

17 net expenditures to cover deficits for food serv18 ices and student body activities; but

19 ‘‘(B) not including expenditures for com20 munity services, capital outlay, and debt serv21 ice, or any expenditures made from funds re22 ceived under title I and part A of title II of this

23 Act.

24 ‘‘(9) The term ‘Department’ means the Depart25 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 pro4 vide services and programs to local educational agen5 cies.

6 ‘‘(11) The term ‘elementary school’ means a

7 nonprofit institutional day or residential school that

8 provides elementary education, as determined under

9 State law.

10 ‘‘(12) The term ‘free public education’ means

11 education that is provided—

12 ‘‘(A) at public expense, under public super13 vision and direction, and without tuition charge;

14 and

15 ‘‘(B) as elementary or secondary school

16 education as determined under applicable State

17 law, except that such term does not include any

18 education provided beyond grade 12.

19 ‘‘(13) The term ‘institution of higher education’

20 has the meaning given that term in section 1201(a)

21 of the Higher Education Act of 1965.

22 ‘‘(14)(A) The term ‘local educational agency’

23 means a public board of education or other public

24 authority legally constituted within a State for either

25 administrative control or direction of, or to perform
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1 a service function for, public elementary or second2 ary schools in a city, county, township, school dis3 trict, or other political subdivision of a State, or for

4 such combination of school districts or counties as

5 are recognized in a State as an administrative agen6 cy for its public elementary or secondary schools.

7 ‘‘(B) The term includes any other public insti8 tution or agency having administrative control and

9 direction of a public elementary or secondary school.

10 ‘‘(15) The term ‘mentoring’ means a program

11 in which an adult works with a child or youth on a

12 1-to-1 basis, establishing a supportive relationship,

13 providing academic assistance, and exposing the

14 child or youth to new experiences that enhance the

15 child or youth’s ability to excel in school and become

16 a responsible citizen.

17 ‘‘(16) The term ‘other staff’ means pupil serv18 ices personnel, librarians, career guidance and coun19 seling personnel, education aides, and other instruc20 tional and administrative personnel.

21 ‘‘(17) The term ‘outlying area’ means the Vir22 gin Islands, Guam, American Samoa, the Common23 wealth of the Northern Mariana Islands, and Palau

24 (until the effective date of the Compact of Free As25 sociation with the Government of Palau).
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1 ‘‘(18) The term ‘parent’ includes a legal guard2 ian or other person standing in loco parentis.

3 ‘‘(19) The terms ‘pupil-services personnel’ and

4 ‘pupil services’ mean, respectively—

5 ‘‘(A) school counselors, school social work6 ers, school psychologists, and other qualified

7 professional personnel involved in providing as8 sessment, diagnosis, counseling, educational,

9 therapeutic, and other necessary services as

10 part of a comprehensive program to meet stu11 dent needs; and

12 ‘‘(B) the services provided by such individ13 uals.

14 ‘‘(20) The term ‘secondary school’ means a

15 nonprofit institutional day or residential school that

16 provides secondary education, as determined under

17 State law, except that it does not include any edu18 cation beyond grade 12.

19 ‘‘(21) The term ‘Secretary’ means the Secretary

20 of Education.

21 ‘‘(22) The term ‘State’ means each of the 50

22 States, the District of Columbia, the Commonwealth

23 of Puerto Rico, and each of the outlying areas.

24 ‘‘(23) The term ‘State educational agency’

25 means the agency primarily responsible for the State
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1 supervision of public elementary and secondary

2 schools.

3 ‘‘SEC. 9102. APPLICABILITY OF THIS TITLE.

4 ‘‘Parts B through F of this title do not apply to title

5 VIII of this Act.

6 ‘‘SEC. 9103. REFERENCES IN OTHER ACTS.

7 ‘‘References to section 1471 of this Act, as it existed

8 prior to the enactment of the Improving America’s Schools

9 Act of 1994, shall be deemed to refer to this section.

10 ‘‘SEC. 9104. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS

11 OPERATED SCHOOLS.

12 ‘‘For purposes of any competitive program under this

13 Act, a consortia of schools operated by the Bureau of In14 dian Affairs, a school operated under a contract or grant

15 with the Bureau of Indian Affairs in consortia with an16 other contract or grant school or tribal or community or17 ganization, or a Bureau of Indian Affairs school in consor18 tia with an institution of higher education, a contract or

19 grant school and tribal or community organization shall

20 be given the same consideration as a local educational

21 agency. Such consortia shall apply through the Bureau of

22 Indian Affairs which shall apply to the Department of

23 Education on their behalf.
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1 ‘‘PART B—FLEXIBILITY IN THE USE OF

2 ADMINISTRATIVE AND OTHER FUNDS

3 ‘‘SEC. 9201. CONSOLIDATION OF STATE ADMINISTRATIVE

4 FUNDS FOR ELEMENTARY AND SECONDARY

5 EDUCATION PROGRAMS.

6 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—

7 (1) A State educational agency may consolidate the

8 amounts specifically made available to it for State admin9 istration under one or more of the programs specified

10 under paragraph (2) if such State educational agency can

11 demonstrate that the majority of such agency’s resources

12 come from non-Federal sources.

13 ‘‘(2) This section applies to title I of this Act and

14 the covered programs specified in sections 9101(7)(C) and

15 (D).

16 ‘‘(b) USE OF FUNDS.—(1) A State educational agen17 cy shall use the amount available under this section for

18 the administration of the programs included in the consoli19 dation under subsection (a).

20 ‘‘(2) A State educational agency may also use funds

21 available under this section for administrative activities

22 designed to enhance the effective and coordinated use of

23 funds under such programs, such as—

24 ‘‘(A) the coordination of programs specified in

25 subsection (a)(2) with other Federal and non-Fed26 eral programs;
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1 ‘‘(B) the establishment and operation of peer2 review mechanisms under this Act;

3 ‘‘(C) the administration of this title;

4 ‘‘(D) the dissemination of information regard5 ing model programs and practices; and

6 ‘‘(E) technical assistance under programs speci7 fied in subsection (a)(2).

8 ‘‘(c) RECORDS.—A State educational agency that

9 consolidates administrative funds under this section shall

10 not be required to keep separate records, by individual

11 program, to account for costs relating to the administra12 tion of programs included in the consolidation under sub13 section (a).

14 ‘‘(d) REVIEW.—To determine the effectiveness of

15 State administration under this section, the Secretary may

16 periodically review the performance of State educational

17 agencies in using consolidated administrative funds under

18 this section and take such steps as the Secretary finds

19 appropriate to ensure the effectiveness of such administra20 tion.

21 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State

22 educational agency does not use all of the funds available

23 to it under this section for administration, it may use such

24 funds during the applicable period of availability as funds
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1 available under one or more programs included in the con2 solidation under subsection (a).

3 ‘‘SEC. 9202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

4 ‘‘A State educational agency that also serves as a

5 local educational agency shall, in its applications or State

6 plans under this Act, describe how it will eliminate dupli7 cation in the conduct of administrative functions.

8 ‘‘SEC. 9203. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN9 ISTRATION.

10 ‘‘(a) GENERAL AUTHORITY.—In accordance with

11 regulations of the Secretary, a local educational agency,

12 with the approval of its State educational agency, may

13 consolidate and use for the administration of one or more

14 covered programs for any fiscal year not more than the

15 percentage, established in each covered program, of the

16 total amount available to that local educational agency

17 under those covered programs.

18 ‘‘(b) STATE PROCEDURES.—Within one year from

19 the date of enactment of the Improving America’s Schools

20 Act of 1994, a State educational agency shall, in collabora21 tion with local educational agencies in the State, establish

22 procedures for responding to requests from local edu23 cational agencies to consolidate administrative funds

24 under subsection (a) and for establishing limitations on
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1 the amount of funds under covered programs that may

2 be used for administration on a consolidated basis.

3 ‘‘(c) CONDITIONS.—A local educational agency that

4 consolidates administrative funds under this section for

5 any fiscal year shall not use any other funds under the

6 programs included in the consolidation for administration

7 for that fiscal year.

8 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local

9 educational agency that consolidates administrative funds

10 under this section may use these consolidated funds for

11 the administration of covered programs and for the pur12 poses described in section 9201(b)(2).

13 ‘‘(e) RECORDS.—A local educational agency that con14 solidates administrative funds under this section shall not

15 be required to keep separate records, by individual covered

16 program, to account for costs relating to the administra17 tion of covered programs included in the consolidation.

18 ‘‘SEC. 9204. ADMINISTRATIVE FUNDS STUDY.

19 ‘‘(a) STUDY.—(1) The Secretary shall conduct a

20 study of the use of funds under this Act for the adminis21 tration, by State and local educational agencies, of covered

22 programs, including the percentage of grant funds used

23 for such purpose in covered programs.

24 ‘‘(2) Based on the results of such study, the Sec25 retary shall develop a definition of what types of activities
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1 constitute the administration of programs under this Act

2 by State and local educational agencies.

3 ‘‘(3) Based on the results of such study, the Sec4 retary may publish regulations or guidelines regarding the

5 use of funds for administration under those programs, in6 cluding the use of such funds on a consolidated basis and

7 limitations on the amount of such funds that may be used

8 for administration where such limitation is not otherwise

9 specified in law.

10 ‘‘(b) REPORT.—The Secretary shall submit to the

11 President and the appropriate committees of the Congress

12 a report regarding the study conducted under this section

13 within 30 days of its completion.

14 ‘‘SEC. 9205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT

15 OF THE INTERIOR FUNDS.

16 ‘‘(a) GENERAL AUTHORITY.—(1) The Secretary shall

17 transfer to the Department of the Interior, as a consoli18 dated amount for covered programs, the Indian education

19 programs under part A of title VI of this Act, and the

20 education for homeless children and youth program under

21 subtitle B of title VII of the Stewart B. McKinney Home22 less Assistance Act, the amounts allotted to the Depart23 ment of the Interior under those programs.

24 ‘‘(2)(A) The Secretary and the Secretary of the Inte25 rior shall enter into an agreement, consistent with the re-
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1 quirements of the programs specified in paragraph (1), for

2 the distribution and use of those funds under terms that

3 the Secretary determines best meet the purposes of those

4 programs.

5 ‘‘(B) The agreement shall—

6 ‘‘(i) set forth the plans of the Secretary of the

7 Interior for the use of the amount transferred, the

8 steps to be taken to achieve the National Education

9 Goals, and performance measures to assess program

10 effectiveness, including measurable goals and objec11 tives; and

12 ‘‘(ii) be developed in consultation with Indian

13 tribes.

14 ‘‘(b) ADMINISTRATION.—The Department of the In15 terior may use up to 1.5 percent of the funds consolidated

16 under this section for its costs related to the administra17 tion of the funds transferred under this section.

18 ‘‘SEC. 9206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

19 ‘‘(a) UNNEEDED PROGRAM FUNDS.—With the ap20 proval of its State educational agency, a local educational

21 agency that determines for any fiscal year that funds

22 under a covered program other than part A of title I of

23 this Act are not needed for the purpose of that covered

24 program may use such funds, not to exceed five percent
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1 of the total amount of its funds under that covered pro2 gram, for the purpose of another covered program.

3 ‘‘(b) COORDINATION OF SERVICES.—A local edu4 cational agency, individual school, or consortium of schools

5 may use a total of up to 5 percent of the funds it receives

6 under this Act for the establishment and implementation

7 of a coordinated services project consistent with the re8 quirements of title X of this Act.’’.

9 ‘‘PART C—COORDINATION OF PROGRAMS; CON10 SOLIDATED STATE AND LOCAL APPLICA11 TIONS

12 ‘‘SEC. 9301. PURPOSE.

13 ‘‘It is the purpose of this part to improve teaching

14 and learning by encouraging greater cross-program coordi15 nation, planning, and service delivery under this Act and

16 enhanced integration of programs under this Act with edu17 cational activities carried out with State and local funds.

18 ‘‘SEC. 9302. OPTIONAL CONSOLIDATED STATE APPLICA19 TION.

20 ‘‘(a) GENERAL AUTHORITY.—(1) In order to simplify

21 application requirements and reduce burden for State edu22 cational agencies under this Act, the Secretary shall, in

23 accordance with subsection (b), establish procedures and

24 criteria under which a State educational agency may sub25 mit a consolidated State application meeting the require-
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1 ments of this section for each of the covered programs

2 in which the State participates.

3 ‘‘(2) A State educational agency may also include in

4 its consolidated application—

5 ‘‘(A) the Even Start program under part B of

6 title I of this Act;

7 ‘‘(B) the education of neglected and delinquent

8 youth program under part D of title I of this Act;

9 ‘‘(C) part A of title II of the Carl D. Perkins

10 Vocational and Applied Technology Education Act;

11 ‘‘(D) Goals 2000: Educate America Act;

12 ‘‘(E) School-to-Work Opportunities Act; and

13 ‘‘(F) such other programs as the Secretary may

14 designate.

15 ‘‘(3) A State educational agency that submits a con16 solidated State application under this section shall not be

17 required to submit separate State plans or applications

18 under any of the programs to which its consolidated appli19 cation under this section applies.

20 ‘‘(b) COLLABORATION.—(1) In establishing criteria

21 and procedures under this section, the Secretary shall col22 laborate with State educational agencies and, as appro23 priate, with other State agencies, local educational

24 agencies, public and private nonprofit agencies, organiza-
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1 tions, and institutions, private schools, and representatives

2 of parents, students, and teachers.

3 ‘‘(2) Through the collaboration process described in

4 subsection (b), the Secretary shall establish, for each pro5 gram under the Act to which this section applies, the de6 scriptions, information, assurances, and other material

7 required to be included in a consolidated State application.

8 ‘‘(3) The Secretary shall require only descriptions, in9 formation, assurances, and other materials that are abso10 lutely necessary for the consideration of the State applica11 tion.

12 ‘‘SEC. 9303. GENERAL APPLICABILITY OF STATE EDU13 CATIONAL AGENCY ASSURANCES.

14 ‘‘(a) ASSURANCES.—A State educational agency that

15 submits a State plan or application under this Act, wheth16 er separately or under section 9302, shall have on file with

17 the Secretary a single set of assurances, applicable to each

18 program for which a plan or application is submitted, that

19 provides that—

20 ‘‘(1) each such program will be administered in

21 accordance with all applicable statutes, regulations,

22 program plans, and applications;

23 ‘‘(2)(A) the control of funds provided under

24 each such program and title to property acquired

25 with program funds will be in a public agency, in a
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1 nonprofit private agency, institution, or organiza2 tion, or in an Indian tribe if the statute authorizing

3 the program provides for assistance to such entities;

4 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 meth10 ods of administering each such program, including—

11 ‘‘(A) the enforcement of any obligations

12 imposed by law on agencies, institutions, orga13 nizations and other recipients responsible for

14 carrying 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

23 any evaluation of each such program conducted by

24 or for 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

3 disbursement of, and accounting for, Federal funds

4 paid 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 pro9 gram; 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 op16 portunity for public comment on the application and

17 has considered such comment.

18 ‘‘(b) GEPA PROVISION.—Section 440 of the General

19 Education Provisions Act does not apply to programs

20 under 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

4 9302 may require local educational agencies in the State

5 receiving funds under more than one program included in

6 the consolidated State application to submit consolidated

7 local applications under such programs.

8 ‘‘(c) COLLABORATION.—A State educational agency

9 shall collaborate with local educational agencies in the

10 State in establishing procedures for the submission of the

11 consolidated 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

18 State educational agency that submits an application

19 under this Act, whether separately or pursuant to section

20 9304, shall have on file with the State educational agency

21 a single set of assurances, applicable to each program for

22 which an application 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

2 each such program and title to property acquired

3 with program funds will be in a public agency or in

4 a nonprofit private agency, institution, organization,

5 or Indian tribe, if the statute authorizing the pro6 gram 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, in13 cluding—

14 ‘‘(A) the enforcement of any obligations

15 imposed by law on agencies, institutions, orga16 nizations, and other recipients responsible for

17 carrying 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

23 or for the State educational agency or the Secretary

24 or other Federal officials;
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1 ‘‘(5) the applicant will use such fiscal control

2 and fund accounting procedures as will ensure prop3 er disbursement of, and accounting for, Federal

4 funds paid to such applicant under each such pro5 gram;

6 ‘‘(6) the applicant will—

7 ‘‘(A) make reports to the State educational

8 agency and the Secretary as may be necessary

9 to enable such agency and the Secretary to per10 form their duties under each such program; and

11 ‘‘(B) maintain such records, provide such

12 information, and afford access to the records as

13 the State educational agency or the Secretary

14 may find necessary to carry out the State edu15 cational agency’s or the Secretary’s duties; and

16 ‘‘(7) before the application was submitted, the

17 applicant afforded a reasonable opportunity for pub18 lic comment on the application and has considered

19 such comment.

20 ‘‘(b) GEPA PROVISION.—Section 442 of the General

21 Education Provisions Act does not apply to programs

22 under 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

5 (c), the Secretary may waive any requirement of this Act

6 or any regulation under this Act for a State educational

7 agency, local educational agency, Indian tribe, or school,

8 or that—

9 ‘‘(1) receives funds under a program authorized

10 by this Act; and

11 ‘‘(2) requests a waiver as prescribed in sub12 section (b).

13 ‘‘(b) REQUEST FOR WAIVER.—(1) A State edu14 cational agency, local educational agency, or Indian tribe

15 which desires a waiver shall submit a request to the Sec16 retary that—

17 ‘‘(A) identifies the Federal programs affected

18 by such requested waiver;

19 ‘‘(B) describes which Federal requirements are

20 to be waived and how the waiving of such require21 ments will—

22 ‘‘(i) increase the quality of instruction to

23 students; or

24 ‘‘(ii) improve the academic performance of

25 students;
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1 ‘‘(C) if applicable, describes which similar State

2 and local requirements will be waived and how the

3 waiving of such requirements will assist the local

4 educational agencies or Indian tribes and schools to

5 achieve the objectives described in this paragraph;

6 ‘‘(D) describes specific, measurable educational

7 improvement goals and expected outcomes for all af8 fected students;

9 ‘‘(E) describes the methods to be used to meas10 ure progress in meeting such goals and outcomes;

11 and

12 ‘‘(F) describes how schools will continue to pro13 vide assistance to the same populations served by

14 programs for which waivers are requested.

15 ‘‘(2) Such requests under this section—

16 ‘‘(A) may provide for waivers of requirements

17 applicable to State educational agencies, local edu18 cational agencies, Indian tribes, and schools.

19 ‘‘(B) shall be developed and submitted—

20 ‘‘(i)(I) by local educational agencies (on

21 behalf of such agencies and schools) to State

22 educational agencies; and

23 ‘‘(II) by State educational agencies (on be24 half of, and based upon the requests of, local

25 educational agencies) to the Secretary; or
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1 ‘‘(ii) by Indian tribes (on behalf of schools

2 operated by such tribes) to the Secretary.

3 ‘‘(c) NOTICE REQUIREMENT.—(1) Prior to request4 ing a waiver under subsection (b), a State educational

5 agency, local educational agency, or Indian tribe shall pro6 vide notice and information to the public regarding the

7 waiver or waivers to be requested.

8 ‘‘(2) Such notice and information shall be provided

9 in the manner that such agencies or tribes customarily

10 provide similar notices and information to the public.

11 ‘‘(d) RESTRICTIONS.—Nothing in this section shall be

12 construed to authorize any changes in—

13 ‘‘(1) requirements relating to—

14 ‘‘(A) the allocation of funds;

15 ‘‘(B) maintenance of effort;

16 ‘‘(C) comparability of services;

17 ‘‘(D) use of Federal funds to supplement,

18 not supplant non-Federal funds;

19 ‘‘(E) equitable participation of private

20 school students and teachers; and

21 ‘‘(F) parental participation and involve22 ment;

23 ‘‘(2) the elements of a charter school described

24 in section 3407(1); or

25 ‘‘(3) the prohibitions regarding—
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1 ‘‘(A) State aid in section 9502; or

2 ‘‘(B) use of funds for religious worship or in3 struction in section 9507.

4 ‘‘(e) DURATION AND EXTENSION OF WAIVER.—(1)

5 The duration of a waiver approved by the Secretary may

6 be for a period not to exceed 3 years.

7 ‘‘(2) The Secretary may extend such period if the

8 Secretary determines that the use of such waiver has in9 creased the quality of instruction or the academic perform10 ance of students.

11 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary

12 shall terminate a waiver under this section if—

13 ‘‘(1) the Secretary determines that the use of a

14 waiver has not increased the quality of instruction or

15 improved the academic performance of students; or

16 ‘‘(2) such waiver is no longer needed by the re17 cipient to achieve the objectives of such waiver.

18 ‘‘(g) REPORTS.—

19 ‘‘(1) A local educational agency that receives a

20 waiver under this section shall annually submit a re21 port to the State educational agency that—

22 ‘‘(A) describes the uses of such waiver by

23 such agency or by schools;

24 ‘‘(B) describes how schools continued to

25 provide assistance to the same populations
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1 served by the programs for which waivers are

2 requested; and

3 ‘‘(C) evaluates the progress of such agency

4 and of schools in improving the quality of in5 struction or the academic performance of stu6 dents.

7 ‘‘(2) A State educational agency that receives

8 reports required by paragraph (1) shall annually

9 submit a report to the Secretary that summarizes

10 such reports.

11 ‘‘(3) An Indian tribe that receives a waiver

12 under this section shall annually submit a report to

13 the Secretary that—

14 ‘‘(A) describes the uses of such waiver by

15 schools operated by such tribe; and

16 ‘‘(B) evaluates the progress of such schools

17 in improving the quality of instruction or the

18 academic performance of students.

19 ‘‘(4) The Secretary annually shall submit to the

20 Committee on Education and Labor of the House of

21 Representatives and the Committee on Labor and

22 Human Resources of the Senate a report—

23 ‘‘(A) summarizing the uses of waivers by

24 State educational agencies, local educational

25 agencies, Indian tribes, and schools; and
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1 ‘‘(B) describing whether such waivers—

2 ‘‘(i) increased the quality of instruc3 tion to students; or

4 ‘‘(ii) improved the academic perform5 ance of students.

6 ‘‘PART E—UNIFORM PROVISIONS

7 ‘‘SEC. 9501. MAINTENANCE OF EFFORT.

8 ‘‘(a) GENERAL.—A local educational agency may re9 ceive funds under a covered program for any fiscal year

10 only if the State educational agency finds that either the

11 combined fiscal effort per student or the aggregate ex12 penditures of that agency and the State with respect to

13 the provision of free public education by that agency for

14 the preceding fiscal year was not less than 90 percent of

15 such combined fiscal effort or aggregate expenditures for

16 the second preceding fiscal year.

17 ‘‘(b) REDUCTION IN CASE OF FAILURE TO MEET.—

18 (1) The State educational agency shall reduce the amount

19 of the allocation of funds under a covered program in any

20 fiscal year in the exact proportion to which a local edu21 cational agency fails to meet the requirement of subsection

22 (a) by falling below 90 percent of both the combined fiscal

23 effort per student and aggregate expenditures (using the

24 measure most favorable to such local agency).
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1 ‘‘(2) No such lesser amount shall be used for comput2 ing the effort required under subsection (a) for subsequent

3 years.

4 ‘‘(c) WAIVER.—The Secretary may waive the require5 ments of this section if the Secretary determines that such

6 a waiver would be equitable due to—

7 ‘‘(1) exceptional or uncontrollable circumstances

8 such as a natural disaster; or

9 ‘‘(2) a precipitous decline in the financial re10 sources of the local educational agency.

11 ‘‘SEC. 9502. PROHIBITION REGARDING STATE AID.

12 ‘‘No State may take into consideration payments

13 under this Act (other than under title VIII) in determining

14 the eligibility of any local educational agency in that State

15 for State aid, or the amount of State aid, with respect

16 to free public education of children.

17 ‘‘SEC. 9503. PARTICIPATION BY PRIVATE SCHOOL CHIL18 DREN AND TEACHERS.

19 ‘‘(a) GENERAL REQUIREMENT.—(1) Except as other20 wise provided in this Act, to the extent consistent with

21 the number of eligible children in a State educational

22 agency, local educational agency, or intermediate edu23 cational agency or consortium receiving financial assist24 ance under a program specified in subsection (b), who are

25 enrolled in private elementary and secondary schools in
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1 such agency or consortium, such agency or consortium

2 shall, after timely and meaningful consultation with ap3 propriate private school officials, provide such children

4 and their teachers or other educational personnel, on an

5 equitable basis, special educational services or other bene6 fits under such program.

7 ‘‘(2) Educational services or other benefits, including

8 materials and equipment, provided under this section,

9 must be secular, neutral, and nonideological.

10 ‘‘(3) Educational services and other benefits provided

11 under this section for such private school children, teach12 ers, and other educational personnel shall be equitable in

13 comparison to services and other benefits for public school

14 children, teachers, and other educational personnel partici15 pating in such program.

16 ‘‘(4) Expenditures for educational services and other

17 benefits provided under this section to eligible private

18 school children, their teachers, and other educational per19 sonnel serving them shall be equal, taking into account

20 the number and educational needs of the children to be

21 served, to the expenditures for participating public school

22 children.

23 ‘‘(5) Such agency or consortium may provide such

24 services directly or through contracts with public and pri25 vate agencies, organizations, and institutions.
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1 ‘‘(b) APPLICABILITY.—(1) This section applies to—

2 ‘‘(A) each covered program;

3 ‘‘(B) subpart 1 of part B and part C of title

4 II; and

5 ‘‘(C) programs under title VII of this Act.

6 ‘‘(2) For the purposes of this section, the term ‘eligi7 ble children’ mean children eligible for services under a

8 program described in paragraph (1).

9 ‘‘(c) PUBLIC CONTROL OF FUNDS.—(1) The control

10 of funds used to provide services under this section, and

11 title to materials, equipment, and property purchased with

12 these funds, shall be in a public agency for the uses and

13 purposes provided in this Act, and a public agency shall

14 administer such funds and property.

15 ‘‘(2)(A) The provision of services under this section

16 shall be provided—

17 ‘‘(i) by employees of a public agency; or

18 ‘‘(ii) through contract by such public agency

19 with an individual, association, agency, or organiza20 tion.

21 ‘‘(B) In the provision of such services, such employee,

22 person, association, agency, or organization shall be inde23 pendent of such private school and of any religious organi24 zation, and such employment or contract shall be under

25 the control and supervision of such public agency.
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1 ‘‘(C) Funds used to provide services under this sec2 tion shall not be commingled with non-Federal funds.

3 ‘‘SEC. 9504. STANDARDS FOR BY-PASS.

4 ‘‘If, by reason of any provision of law, a State, local,

5 or intermediate educational agency or consortium is pro6 hibited from providing for the participation in programs

7 of children enrolled in, or teachers or other educational

8 personnel from, private elementary and secondary schools,

9 on an equitable basis, or if the Secretary determines that

10 such agency or consortium has substantially failed or is

11 unwilling to provide for such participation, as required by

12 section 9503, the Secretary shall—

13 ‘‘(1) waive the requirements of that section for

14 such agency or consortium; and

15 ‘‘(2) arrange for the provision of equitable serv16 ices to such children, teachers, or other educational

17 personnel through arrangements that shall be sub18 ject to the requirements of this section and of sec19 tions 9503, 9505, and 9506.

20 ‘‘SEC. 9505. COMPLAINT PROCESS FOR PARTICIPATION OF

21 PRIVATE SCHOOL CHILDREN.

22 ‘‘(a) PROCEDURES FOR COMPLAINTS.—The Sec23 retary shall develop and implement written procedures for

24 receiving, investigating, and resolving complaints from

25 parents, teachers, or other individuals and organizations
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1 concerning violations by an agency or consortium of sec2 tion 9503 of this Act. Such individual or organization shall

3 submit such complaint to the State educational agency for

4 a written resolution by such agency within a reasonable

5 period of time.

6 ‘‘(b) APPEALS TO THE SECRETARY.—Such resolution

7 may be appealed by an interested party to the Secretary

8 within 30 days after the State educational agency resolves

9 the complaint or fails to resolve the complaint within a

10 reasonable period of time. Such appeal shall be accom11 panied by a copy of the State educational agency’s resolu12 tion, and a complete statement of the reasons supporting

13 the appeal. The Secretary shall investigate and resolve

14 each such appeal within 120 days after receipt of the ap15 peal.

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

19 consortium affected by such action has had an oppor20 tunity, for at least 45 days after receiving written notice

21 thereof, to submit written objections and to appear before

22 the Secretary to show cause why that action should not

23 be taken.

24 ‘‘(B) Pending final resolution of any investigation or

25 complaint that could result in a determination under this
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1 section, the Secretary may withhold from the allocation

2 of the affected State or local educational agency the

3 amount estimated by the Secretary to be necessary to pay

4 the cost of those services.

5 ‘‘(2)(A) If such affected agency or consortium is dis6 satisfied with the Secretary’s final action after a proceed7 ing under paragraph (1), it may, within 60 days after no8 tice of such action, file with the United States court of

9 appeals for the circuit in which such State is located a

10 petition for review of that action.

11 ‘‘(B) A copy of the petition shall be forthwith trans12 mitted by the clerk of the court to the Secretary.

13 ‘‘(C) The Secretary thereupon shall file in the court

14 the record of the proceedings on which the Secretary based

15 this action, as provided in section 2112 of title 28, United

16 States Code.

17 ‘‘(3)(A) The findings of fact by the Secretary, if sup18 ported by substantial evidence, shall be conclusive, but the

19 court, for good cause shown, may remand the case to the

20 Secretary to take further evidence and the Secretary may

21 thereupon make new or modified findings of fact and may

22 modify the Secretary’s previous action, and shall file in

23 the court the record of the further proceedings.

24 ‘‘(B) Such new or modified findings of fact shall like25 wise be conclusive if supported by substantial evidence.
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1 ‘‘(4)(A) Upon the filing of such petition, the court

2 shall have jurisdiction to affirm the action of the Secretary

3 or to set it aside, in whole or in part.

4 ‘‘(B) The judgment of the court shall be subject to

5 review by the Supreme Court of the United States upon

6 certiorari or certification as provided in section 1254 of

7 title 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

13 that there will no longer be any failure or inability on the

14 part of such agency or consortium to meet the applicable

15 requirements of section 9503 or any other provision of this

16 Act.

17 ‘‘(c) PAYMENT FROM STATE ALLOTMENT.—When

18 the Secretary arranges for services pursuant to this sec19 tion, the Secretary shall, after consultation with the ap20 propriate public and private school officials, pay the cost

21 of such services, including the administrative costs of ar22 ranging for those services, from the appropriate allocation

23 or allocations under this Act.

24 ‘‘(d) PRIOR DETERMINATION.—Any by-pass deter25 mination by the Secretary under this Act as in effect on
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1 the day before enactment of the Improving America’s

2 Schools Act of 1994 shall remain in effect to the extent

3 the Secretary determines that it is consistent with the pur4 pose of this section.

5 ‘‘SEC. 9507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS

6 WORSHIP OR INSTRUCTION.

7 ‘‘Nothing contained in this Act shall be construed to

8 authorize the making of any payment under this Act for

9 religious worship or instruction.

10 ‘‘SEC. 9508. APPLICABILITY TO HOME SCHOOLS.

11 ‘‘Nothing in this Act shall be construed to affect

12 home schools.

13 ‘‘SEC. 9509. GENERAL PROVISION REGARDING

14 NONRECIPIENT NONPUBLIC SCHOOLS.

15 ‘‘Nothing in this Act shall be construed to permit,

16 allow, encourage, or authorize any Federal control over

17 any aspect of any private, religious, or home school,

18 whether or not a home school is treated as a private school

19 or home school under state law. This section shall not be

20 construed to bar private, religious, or home schools from

21 participation in programs or services under the Act.

22 ‘‘SEC. 9510. COMPLIANCE WITH BUY AMERICAN ACT.

23 ‘‘No funds appropriated pursuant to this Act may be

24 expended by an entity unless the entity agrees that in ex25 pending the assistance the entity will comply with sections
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1 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–

2 10c, popularly known as the ‘Buy American Act’).

3 ‘‘SEC. 9511. SENSE OF CONGRESS; REQUIREMENT REGARD4 ING NOTICE.

5 ‘‘(a) PURCHASE OF AMERICAN-MADE EQUIPMENT

6 AND PRODUCTS.—In the case of any equipment of prod7 ucts that may be authorized to be purchased with financial

8 assistance provided under this Act, it is the sense of the

9 Congress that entities receiving such assistance should, in

10 expending the assistance, purchase only American-made

11 equipment and products.

12 ‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In

13 providing financial assistance under this Act, the head of

14 each Federal agency shall provide to each recipient of the

15 assistance a notice describing the statement made in sub16 section (a) by the Congress.

17 ‘‘SEC. 9512. PROHIBITION OF CONTRACTS.

18 ‘‘If it has been finally determined by a court or Fed19 eral agency that any person intentionally affixed a label

20 bearing a ‘Made in America’ inscription, or any inscription

21 with the same meaning, to any product sold in or shipped

22 to the United States that is not made in the United

23 States, such person shall be ineligible to receive any con24 tract or subcontract made with funds provided pursuant

25 to this Act, pursuant to the debarment, suspension, and
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1 ineligibility procedures described in section 9.400 through

2 9.409 of title 48, Code of Federal Regulations.

3 ‘‘SEC. 9513. PROHIBITION AGAINST FUNDS FOR PROTECTED

4 PRAYER.

5 ‘‘Notwithstanding any provision of law, no funds

6 made available through the Department of Education

7 under this Act, or any other Act, shall be available to any

8 State or local educational agency which has a policy of

9 denying or which effectively prevents participation in, con10 stitutionally protected prayer in public schools by individ11 uals on a voluntary basis. Neither the United States nor

12 any State nor any local educational agency shall require

13 any person to participate in prayer or influence the form

14 or content of any constitutionally protected prayer in such

15 public schools.

16 ‘‘SEC. 9514. SEX EDUCATION.

17 ‘‘(a) SEX EDUCATION INSTRUCTION.—All public ele18 mentary and secondary schools receiving assistance under

19 this Act which use such funds to teach sex education or

20 discuss sexual intercourse, sexually transmitted diseases

21 (STDs), including acquired immune deficiency syndrome

22 (AIDS), shall continuously stress throughout the sex edu23 cation program and sexual intercourse discussion that ab24 stinence from sexual intercourse is the only protection that

25 is 100 percent effective against unwanted teenage preg-
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1 nancy, STDs, and AIDS when transmitted sexually. All

2 material and instruction which use such funds to teach

3 sex education and discuss sexual intercourse shall be age

4 appropriate.

5 ‘‘(b) CRITERIA.—All sex education courses that dis6 cuss sexual intercourse may use the following criteria:

7 ‘‘(1) Course material and instruction shall be

8 age appropriate.

9 ‘‘(2) Course material and instruction shall

10 stress that abstinence is the only contraceptive

11 method which is 100 percent effective, and that all

12 other methods of contraception carry a risk of fail13 ure in preventing unwanted teenage pregnancy. Sta14 tistics based on the latest medical information shall

15 be provided to pupils citing the laboratory and real16 life failure and success rates of condoms and other

17 contraceptives in preventing pregnancy.

18 ‘‘(3) Course material and instruction shall

19 stress that STDs are serious possible hazards of sex20 ual intercourse. Pupils shall be provided with statis21 tics based on the latest medical information citing

22 the laboratory and real-life failure and success rates

23 of condoms in preventing AIDS and other STDs

24 among elementary and secondary pupils.
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1 ‘‘(4) Course material and instruction shall in2 clude a discussion of the possible emotional and psy3 chological consequences of preadolescent and adoles4 cent sexual intercourse outside of marriage and the

5 consequences of unwanted adolescent pregnancy.

6 ‘‘(5) Course material and instruction shall

7 stress that pupils should abstain from sexual inter8 course until they are ready for marriage.

9 ‘‘(6) Course material and instruction shall teach

10 honor and respect for monogamous heterosexual

11 marriage.

12 ‘‘(7) Course material and instruction shall ad13 vise pupils of the laws pertaining to their financial

14 responsibility to children born in and out of wedlock.

15 ‘‘(8) Course material and instruction shall ad16 vise pupils that it is unlawful for males of any age

17 to have sexual relations with females under a certain

18 age to whom they are not married.

19 ‘‘(9) Course material and instruction shall em20 phasize that the pupil has the power to control per21 sonal behavior. Pupils shall be encouraged to base

22 their actions on reasoning, self-discipline, sense of

23 responsibility, self-control, and ethical consider24 ations, such as respect for one’s self and others.
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1 ‘‘(10) Course material and instruction shall

2 teach pupils to refrain from making unwanted phys3 ical and verbal sexual advances and how to say ‘no’

4 to unwanted sexual advances. Pupils shall be taught

5 that it is wrong to take advantage of, or to exploit,

6 another person. The material and instruction shall

7 also encourage youth to resist negative peer pres8 sure.

9 ‘‘(c) NO FEDERAL CONTROL OF CURRICULUM.—

10 Nothing in this section shall be construed—

11 ‘‘(1) to authorize an officer or employee of the

12 Federal Government to mandate, direct, or control a

13 State, local educational agency, or schools’ instruc14 tional content curriculum, or related activities;

15 ‘‘(2) to limit the application of the General

16 Education Provisions Act;

17 ‘‘(3) to require the distribution of scientifically

18 or medically false or inaccurate materials or to pro19 hibit the distribution of scientifically or medically

20 true or accurate materials; or

21 ‘‘(4) to create any legally enforceable right.

22 ‘‘(d) RULE OF CONSTRUCTION.—In carrying out the

23 provisions of this section, the Secretary shall not—

24 ‘‘(1) review any curricula or instructional mate25 rials;
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1 ‘‘(2) promulgate regulations; or

2 ‘‘(3) take any administrative or legal action

3 against a State or local educational agency or school.

4 ‘‘SEC. 9515. PROHIBITION AGAINST FUNDS FOR HOMO5 SEXUAL SUPPORT.

6 ‘‘(a) PROHIBITION.—No local educational agency

7 shall use funds made available under this Act to imple8 ment or carry out a program or activity that has either

9 the purpose or effect of encouraging or supporting homo10 sexuality as a positive lifestyle alternative. No local edu11 cational agency shall use funds under this Act to distrib12 ute or to aid in the distribution by any organization of

13 obscene material to minors on school grounds.

14 ‘‘(b) DEFINITION.—A program or activity, for pur15 poses of this section, includes the distribution of instruc16 tional materials, instruction, counseling, or other services

17 on school grounds, or referral of a pupil to an organization

18 that affirms a homosexual lifestyle.

19 ‘‘(c) NO FEDERAL CONTROL OF CURRICULUM.—

20 Nothing in this section shall be construed—

21 ‘‘(1) to authorize an officer or employee of the

22 Federal Government to mandate, direct, or control a

23 State, local educational agency, or schools’ instruc24 tional content, curriculum, and related activities;
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1 ‘‘(2) to limit the application of the General

2 Education Provisions Act;

3 ‘‘(3) to require the distribution of scientifically

4 or medically false or inaccurate materials or to pro5 hibit the distribution of scientifically or medically

6 true or accurate materials; or

7 ‘‘(4) to create any legally enforceable right.

8 ‘‘(d) RULE OF CONSTRUCTION.—In carrying out the

9 provisions of this section, the Secretary shall not—

10 ‘‘(1) review any curricula or instructional mate11 rials;

12 ‘‘(2) promulgate regulations; or

13 ‘‘(3) take any administrative or legal action

14 against a State or local educational agency or school.

15 ‘‘SEC. 9516. NONSMOKING POLICY.

16 ‘‘(a) GENERAL RULE.—Each person who receives

17 Federal funds under this Act and provides services to ele18 mentary or secondary school students pursuant to this Act

19 shall, in providing such services, establish and make a

20 good-faith effort to enforce a nonsmoking policy that, ex21 cept as provided in subsection (b)—

22 ‘‘(1) prohibits smoking in each indoor portion

23 of a facility used in connection with the provision of

24 such services; and
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1 ‘‘(2) where appropriate, requires that signs be

2 posted to communicate the nonsmoking policy.

3 ‘‘(b) PERMISSIBLE FEATURES.—(1) The nonsmoking

4 policy described in subsection (a) may permit smoking in

5 specially designated areas of a facility if—

6 ‘‘(A) services are not normally provided directly

7 to children in the designated areas; and

8 ‘‘(B) the designated areas are ventilated sepa9 rately from areas of the facility in which such serv10 ices are normally provided directly to children to en11 sure that air from the designated areas is directly

12 exhausted to the outside and does not recirculate or

13 drift to other areas within the facility.

14 ‘‘(2) Nothing in this subsection shall be construed to

15 require the establishment of a designated smoking area.

16 ‘‘(c) CIVIL PENALTIES.—

17 ‘‘(1) Any person subject to the requirements of

18 this section who fails to comply with such require19 ments shall be liable to the United States for a civil

20 penalty in an amount not to exceed $1,000 for each

21 violation, but in no case shall the amount be in ex22 cess of the amount of the Federal funds received by

23 the person for the provision of elementary and sec24 ondary educational services for the fiscal year in
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1 which the violation occurred. Each day a violation

2 continues shall constitute a separate violation.

3 ‘‘(2) A civil penalty for a violation of this sec4 tion shall be assessed by the Secretary to the person

5 by an order made on the record after opportunity

6 for a hearing in accordance with section 554 of title

7 5, United States Code. Before issuing the order, the

8 Secretary shall—

9 ‘‘(A) give written notice to the person to be

10 assessed a civil penalty under the order of the

11 proposal to issue the order; and

12 ‘‘(B) provide the person an opportunity to

13 request, not later than 15 days after the date

14 of receipt of the notice, a hearing on the order.

15 ‘‘(3) In determining the amount of a civil pen16 alty under this subsection, the Secretary shall take

17 into account the nature, circumstances, extent, and

18 gravity of the violation, the ability of the violator to

19 pay, any prior history of the same kind of violation,

20 the degree of culpability of the violator, a dem21 onstration by the violator of willingness to comply

22 with the requirements of this section, and such other

23 matters as justice may require.

24 ‘‘(4) The Secretary may compromise, modify, or

25 remit, with or without conditions, any civil penalty
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1 that may be imposed under this subsection. The

2 amount of the penalty as finally determined or

3 agreed upon in compromise may be deducted from

4 any sums that the United States owes to the person

5 against whom the penalty is assessed.

6 ‘‘(5) A person who has requested a hearing con7 cerning the assessment of a penalty pursuant to

8 paragraph (2) and is aggrieved by an order assess9 ing a civil penalty may file a petition for judicial re10 view of the order with the United States Court of

11 Appeals for the District of Columbia Circuit or for

12 any other circuit in which the person resides or

13 transacts business. The petition may only be filed

14 during the 30-day period beginning on the date of

15 issuance of the order making the assessment.

16 ‘‘(6) If a person fails to pay an assessment of

17 a civil penalty—

18 ‘‘(A) after the order making the assess19 ment has become a final order and without fil20 ing a petition for judicial review in accordance

21 with paragraph (5); or

22 ‘‘(B) after a court has entered a final

23 judgment in favor of the Secretary,

24 the Attorney General shall recover the amount as25 sessed (plus interest at currently prevailing rates
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1 from the last day of the 30-day period referred to

2 in paragraph (5) or the date of the final judgment,

3 as the case may be) in an action brought in an ap4 propriate district court of the United States. In the

5 action, the validity, amount, and appropriateness of

6 the penalty shall not be subject to review.

7 ‘‘(d) EFFECTIVE DATE.—

8 ‘‘(1) IN GENERAL.— This section shall take ef9 fect on the date which is 180 days after the date of

10 enactment of the Improving America’s Schools Act

11 of 1994, except as provided in paragraph (2).

12 ‘‘(2) COLLECTIVE BARGAINING AGREEMENTS.—

13 ‘‘(A) In the case of a person described in

14 subsection (a) who employs individuals who are

15 members of a labor organization and provide el16 ementary or secondary educational services pur17 suant to a collective bargaining agreement

18 that—

19 ‘‘(i) took effect before the date of en20 actment of the Improving America’s

21 Schools Act of 1994, and

22 ‘‘(ii) includes provisions relating to

23 smoking privileges that are in violation of

24 this section;
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1 this section shall take effect on the date that is

2 180 days after the date of enactment of the Im3 proving America’s Schools Act of 1994 or the

4 date specified in subparagraph (B), whichever

5 is later.

6 ‘‘(B) The date specified in this subpara7 graph is the earlier of—

8 ‘‘(i) the first expiration date (after the

9 date of enactment of the Improving Ameri10 ca’s Schools Act of 1994) of the collective

11 bargaining agreement containing the provi12 sions relating to smoking privileges, or

13 ‘‘(ii) the date that is 1 year after the

14 date of enactment of the Improving Ameri15 ca’s Schools Act of 1994.

16 ‘‘(e) PREEMPTION.—Nothing in this section shall

17 preempt or otherwise affect any provision of law of a State

18 or political subdivision of a State that is as restrictive or

19 more restrictive than a provision of this section.

20 ‘‘PART F—GUN POSSESSION

21 ‘‘SEC. 9601. POLICY FOR GUN POSSESSION.

22 ‘‘(a) IN GENERAL.—Each local educational agency

23 which receives assistance under this Act shall have a policy

24 that addresses student possession and use of a gun on

25 school property.
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1 ‘‘(b) POLICY CONTENT.—The content of such policy

2 may include—

3 ‘‘(1) punishment requirements for possession

4 and use of a gun on school property, including ex5 pulsion and suspension;

6 ‘‘(2) alternative placement for an individual

7 who violates the policy;

8 ‘‘(3) educational services for a student expelled

9 from school for violation of the policy; and

10 ‘‘(4) opportunities for a hearing to address ex11 pulsion or suspension decisions for violation of the

12 policy.

13 ‘‘SEC. 9602. ETHICAL PRINCIPLES.

14 ‘‘It is the sense of Congress that States, local edu15 cational agencies, and schools should encourage and sup16 port parents and families in teaching children certain ethi17 cal principles. Such principles may include trust18 worthiness, respect, responsibility, fairness, caring and

19 citizenship.

20 ‘‘PART G–CUSTODIAL SERVICES.

21 ‘‘SEC. 9701. COMPENSATION OF CUSTODIANS.

22 ‘‘Notwithstanding any other provisions of law, a local

23 educational agency which contains five counties in their

24 entirety and has a student population which exceeds

25 900,000 may not use any assistance under this Act to pro-
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1 vide compensation or other financial benefits to personnel

2 who provide janitorial or custodial services to and within

3 schools.

4 ‘‘PART H—SENSE OF THE CONGRESS TO IN5 CREASE THE TOTAL SHARE OF FEDERAL

6 SPENDING ON EDUCATION

7 ‘‘(a) The Congress finds that—

8 ‘‘(1) in order to increase our Nation’s standard

9 of living and to increase the number of good jobs,

10 the United States must increase its productivity and

11 ability to compete in the international marketplace

12 by improving the educational level of our workforce;

13 ‘‘(2) although efforts are being made to estab14 lish higher educational standards and goals, there is

15 a substantial shortage of resources to meet such

16 standards and goals;

17 ‘‘(3) States and local communities are finding it

18 increasingly difficult to meet even higher educational

19 standards and goals, and States will not be able to

20 fund needed changes without Federal help to reach

21 such standards and goals;

22 ‘‘(4) the Federal Government has established

23 many educational programs but failed to provide

24 adequate funding for such programs, for example

25 one such program provides education to our Nation’s
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•HR 6 RFS

1 disabled students and was established with a prom2 ise of 40 percent Federal funding but currently re3 ceives only 8 percent Federal funding;

4 ‘‘(5) the annual shortfall in Federal education

5 programs is approximately half of the promised

6 funding;

7 ‘‘(6) many needed educational improvements

8 will not need Federal funds, however, other sug9 gested changes such as lengthened school years, bet10 ter pay, after-school activities, mentoring for stu11 dents at risk, programs for gifted students, and re12 placing substandard buildings will require substan13 tial Federal assistance; and

14 ‘‘(7) the Federal contribution to education is

15 less than 2 percent of the total Federal budget, and

16 in order to make education a national priority, the

17 total percentage of Federal educational funding

18 should be increased by 1 percent each year over the

19 next 8 years to reach 10 percent of the total Federal

20 budget.

21 ‘‘(b) It is the sense of the Congress that the total

22 share of the Federal spending on education should in23 crease by at least 1 percent each year until such share

24 reaches 10 percent of the total Federal budget.
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1 ‘‘TITLE X—COORDINATED

2 SERVICES PROJECTS

3 ‘‘SEC. 10001. FINDINGS AND PURPOSE.

4 ‘‘(a) FINDINGS.—The Congress makes the following

5 findings:

6 ‘‘(1) Growing numbers of children are nega7 tively affected by influences outside of the classroom

8 which increase their risk of academic failure.

9 ‘‘(2) Factors such as poor nutrition, unsafe liv10 ing conditions, physical and sexual abuse, family and

11 gang violence, inadequate health care, unemploy12 ment, lack of child care and substance abuse ad13 versely affect family relationships and the ability of

14 a child to learn.

15 ‘‘(3) Parents and other caregivers in today’s

16 high pressure society often face demands which

17 place restraints on their time and affect their ability

18 to adequately provide for the needs of their families.

19 ‘‘(4) Access to health and social service pro20 grams can address the basic physical and emotional

21 needs of children so that they can fully participate

22 in the learning experiences offered them in school.

23 ‘‘(5) Services for at-risk students need to be

24 more convenient, less fragmented, regulated and du-
724

•HR 6 RFS

1 plicative in order to meet the needs of children and

2 their families.

3 ‘‘(6) School personnel, parents, and support

4 service providers often lack knowledge of, and access

5 to, available services for at-risk students and their

6 families in the community, and have few resources

7 to coordinate services and make them accessible.

8 ‘‘(7) Service providers, such as teachers, social

9 workers, health care and child care providers, juve10 nile justice workers and others, are often trained in

11 separate disciplines that provide little support for

12 the coordination of services.

13 ‘‘(8) Coordination of services is more cost effec14 tive because it substitutes prevention for expensive

15 crisis intervention.

16 ‘‘(9) Coordinating health and social services

17 with education can help the Nation meet the Na18 tional Education Goals by ensuring better outcomes

19 for children.

20 ‘‘(b) PURPOSE OF COORDINATING SERVICES.—The

21 purpose of this section is to provide elementary and sec22 ondary school students and their families better access to

23 the social, health and education services necessary for stu24 dents to succeed in school and for their families to take
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•HR 6 RFS

1 an active role in ensuring that children receive the best

2 possible education.

3 ‘‘SEC. 10002. DEFINITIONS.

4 ‘‘(a) The term ‘coordinated services project’ refers to

5 a comprehensive approach to meeting the educational,

6 health, social service, and other needs of children and their

7 families, including foster children and their foster families,

8 through a communitywide partnership that links public

9 and private agencies providing such services or access to

10 such services through a coordination site at or near a

11 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

25 performed of the economic, social, and health bar-
726

•HR 6 RFS

1 riers to educational achievement experienced by chil2 dren and families, including foster children and their

3 foster families, in the community, and the local,

4 State, federal, and privately funded services avail5 able to meet 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

9 children 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 implementa16 tion or expansion of a coordinated services project. Such

17 plan 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 lo-
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•HR 6 RFS

1 cated, and the staff that will be used to carry out

2 the purposes 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;

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 and

11 ‘‘(7) when applicable, strategies to ensure that

12 the health and welfare needs from migratory families

13 are addressed.

14 ‘‘SEC. 10004. USES OF FUNDS.

15 ‘‘(a) Funds utilized under the authority of section

16 9206(b) may be used for activities under this title which

17 include—

18 ‘‘(1) hiring a services coordinator;

19 ‘‘(2) making minor renovations to existing

20 buildings;

21 ‘‘(3) purchasing basic operating equipment;

22 ‘‘(4) improving communications and informa23 tion-sharing between members of the coordinated

24 services project partnership;
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•HR 6 RFS

1 ‘‘(5) providing training to teachers and appro2 priate personnel concerning their role in a coordi3 nated services project; and

4 ‘‘(6) conducting the needs assessment required

5 in section 10003(b)(1);

6 but shall not include the direct provision of any health

7 or health-related services.

8 ‘‘(b) Projects operating under the authority of this

9 title shall comply with the requirements of section

10 1121(b).

11 ‘‘SEC. 10005. CONTINUING AUTHORITY.

12 ‘‘The Secretary shall not approve the plan of any

13 project which fails to demonstrate that it is achieving ef14 fective coordination after 2 years of implementation.

15 ‘‘SEC. 10006. FEDERAL AGENCY COORDINATION.

16 ‘‘(a) AGENCY COORDINATION.—The Secretaries of

17 Education, Health and Human Services, Labor, Housing

18 and Urban Development, Treasury, and Agriculture, and

19 the Attorney General shall review the programs adminis20 tered by their agencies to identify barriers to service

21 coordination.

22 ‘‘(b) REPORT TO CONGRESS.—Such Secretaries and

23 the Attorney General shall submit jointly a report to the

24 Congress not later than 2 years after the date of the en25 actment of the Improving America’s Schools Act, based
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•HR 6 RFS

1 on the review required under paragraph (a) recommending

2 legislative and regulatory action to address such barriers,

3 and during this time, shall use waiver authorities author4 ized under this and other Acts.

5 ‘‘TITLE XI—SCHOOL FACILITIES

6 IMPROVEMENT ACT

7 ‘‘SEC. 11001. FINDINGS.

8 ‘‘The Congress finds the following:

9 ‘‘(1) According to a 1991 survey conducted by

10 the American Association of School Administrators,

11 74 percent of all public school buildings in the Unit12 ed States need to be replaced.

13 ‘‘(2) Almost one-third of such buildings were

14 built prior to World War II.

15 ‘‘(3) It is estimated that 1 of every 4 public

16 school buildings in the United States is in inad17 equate condition, and of such buildings, 61 percent

18 need maintenance or major repairs, 43 percent are

19 obsolete, 42 percent contain environmental hazards,

20 25 percent are overcrowded, and 13 percent are

21 structurally unsound.

22 ‘‘(4) Large numbers of local educational agen23 cies have difficulties securing financing for school fa24 cility improvement.
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•HR 6 RFS

1 ‘‘SEC. 11002. PURPOSE.

2 ‘‘The purpose of this Act is the leverage limited Fed3 eral funds to enable local educational agencies to finance

4 the costs associated with the improvement of school facili5 ties within their jurisdiction.

6 ‘‘SEC. 11003. FEDERAL ASSISTANCE IN THE FORM OF

7 LOANS.

8 ‘‘(a) AUTHORITY AND CONDITIONS FOR LOANS.—To

9 assist local educational agencies in the construction, recon10 struction, or renovation of schools, the Secretary may

11 make loans of funds to such agencies for the construction,

12 reconstruction, or renovation of such schools. Such assist13 ance shall only be provided—

14 ‘‘(1) to local educational agencies eligible for

15 grants under section 1124A of part A of title I,

16 schools located on Indian reservations, or local edu17 cational agencies eligible for payments under section

18 8004; and

19 ‘‘(2) if the Secretary finds that such construc20 tions will be undertaken in an economical manner,

21 and that any such construction, reconstruction or

22 renovation is not or will not be of elaborate or ex23 travagant design or materials.

24 ‘‘(b) PRIORITIES.—In approving loans under this

25 title, the Secretary shall consider—
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•HR 6 RFS

1 ‘‘(1) the difficulty of the applicant in securing

2 affordable financing from other sources;

3 ‘‘(2) the threat the condition of the physical

4 plant poses to the safety and well-being of students;

5 ‘‘(3) the demonstrated need for the construc6 tion, reconstruction, or renovation as based on the

7 condition of the facility; and

8 ‘‘(4) the age of the facility to be renovated or

9 replaced.

10 ‘‘(c) AMOUNT AND CONDITIONS OF LOANS.—A loan

11 to a local educational agency—

12 ‘‘(1) may be in an amount not exceeding the

13 total development cost of the facility, as determined

14 by the Secretary;

15 ‘‘(2) shall be secured in such manner and be re16 paid within such period, not exceeding 50 years, as

17 may be determined by the Secretary; and

18 ‘‘(3) shall bear interest at a rate determined by

19 the Secretary which shall be the rate of interest paid

20 by the Secretary on funds obtained from the Sec21 retary of the Treasury minus 1 and one quarter per

22 cent each year.

23 ‘‘SEC. 11004. GENERAL PROVISIONS.

24 ‘‘(a) BUDGET AND ACCOUNTING.—In the perform25 ance of, and with respect to, the functions, powers, and
732

•HR 6 RFS

1 duties under this part, the Secretary, notwithstanding the

2 provisions of any other law, shall—

3 ‘‘(1) prepare annually and submit a budget pro4 gram as provided for wholly owned Government cor5 porations by chapter 91 of title 31, United States

6 Code; and

7 ‘‘(2) maintain a set of accounts which shall be

8 audited by the Comptroller General in accordance

9 with the provisions of chapter 35 of title 31, United

10 States Code, but such financial transactions of the

11 Secretary, as the making of loans and vouchers ap12 proved by the Secretary, in connection with such fi13 nancial transactions shall be final and conclusive

14 upon all officers of the Government.

15 ‘‘(b) USE OF FUNDS.—Funds made available to the

16 Secretary pursuant to the provisions of this part shall be

17 deposited in a checking account or accounts with the

18 Treasurer of the United States. Receipts and assets ob19 tained or held by the Secretary in connection with the per20 formance of functions under this part, and all funds avail21 able for carrying out the functions of the Secretary under

22 this part (including appropriations therefor, which are

23 hereby authorized), shall be available, in such amounts as

24 may from year to year be authorized by the Congress, for
733

•HR 6 RFS

1 the administrative expenses of the Secretary in connection

2 with the performance of such functions.

3 ‘‘(c) LEGAL POWERS.—In the performance of, and

4 with respect to, the functions, powers, and duties under

5 this part, the Secretary, notwithstanding the provisions of

6 any other law, may—

7 ‘‘(1) prescribe such rules and regulations as

8 may be necessary to carry out the purposes of this

9 part;

10 ‘‘(2) sue and be sued;

11 ‘‘(3) foreclose on any property or commence any

12 action to protect or enforce any right conferred upon

13 the Secretary by any law, contract, or other agree14 ment, and bid for and purchase at any foreclosure

15 or any other sale any property in connection with

16 which the Secretary has made a loan pursuant to

17 this part;

18 ‘‘(4) in the event of any such acquisition, not19 withstanding any other provision of law relating to

20 the acquisition, handling, or disposal of real property

21 by the United States, complete, administer, remodel

22 and convert, dispose of, lease, and otherwise deal

23 with, such property, but any such acquisition of real

24 property shall not deprive any State or political sub25 division thereof of its civil or criminal jurisdiction in
734

•HR 6 RFS

1 and over such property or impair the civil rights

2 under the State or local laws of the inhabitants on

3 such property;

4 ‘‘(5) sell or exchange at public or private sale,

5 or lease, real or personal property, and sell or ex6 change any securities or obligations, upon such

7 terms as the Secretary may fix;

8 ‘‘(6) obtain insurance against loss in connection

9 with property and other assets held; and

10 ‘‘(7) include in any contract or instrument

11 made pursuant to this part such other covenants,

12 conditions, or provisions as may be necessary to as13 sure that the purposes of this part will be achieved.

14 ‘‘(d) CONTRACTS FOR SUPPLIES OR SERVICES.—Sec15 tion 3709 of the Revised Statutes shall not apply to any

16 contract for services or supplies on account of any prop17 erty acquired pursuant to this part if the amount of such

18 contract does not exceed $1,000.

19 ‘‘(e) APPLICABILITY OF GOVERNMENT CORPORATION

20 CONTROL ACT.—The provisions of section 9107(a) of title

21 31, United States Code, which are applicable to corpora22 tions or agencies subject to chapter 91 of such title, shall

23 also be applicable to the activities of the Secretary under

24 this part.
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•HR 6 RFS

1 ‘‘(f) WAGE RATES.—The Secretary shall take such

2 action as may be necessary to ensure that all laborers and

3 mechanics employed by contractors or subcontractors on

4 any project assisted under this part—

5 ‘‘(1) shall be paid wages at rates not less than

6 those prevailing on the same type of work on similar

7 construction in the immediate locality as determined

8 by the Secretary of Labor in accordance with the

9 Act of March 3, 1931 (Davis-Bacon Act), as amend10 ed; and

11 ‘‘(2) shall be employed not more than 40 hours

12 in any one week unless the employee receives wages

13 for the employee’s employment in excess of the

14 hours specified above at a rate not less than one and

15 one-half times the regular rate at which the em16 ployee is employed,

17 but the Secretary may waive the application of this sub18 section in cases or classes of cases where laborers or me19 chanics, not otherwise employed at any time in the con20 struction of such project, voluntarily donate their services

21 without full compensation for the purpose of lowering the

22 costs of construction and the Secretary determines that

23 any amounts saved thereby are fully credited to the edu24 cational institution undertaking the construction.
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•HR 6 RFS

1 ‘‘(g) LIMITATIONS.—(1) No loan shall be made under

2 this part to any local educational agency until 5 years

3 after the date on which a previous loan to that agency

4 was made under this part, unless the loan is intended to

5 be used to construct or reconstruct a facility damaged as

6 a result of a national disaster, as declared by the

7 President.

8 ‘‘(2) Not more than 12.5 percent of the amount of

9 the funds provided for in this part in the form of loans

10 annually shall be made available to educational institu11 tions within any one State.

12 ‘‘SEC. 11005. DEFINITIONS.

13 ‘‘The term ‘school’ is defined as structures suitable

14 for use as classrooms, laboratories, libraries, and related

15 facilities, the primary purpose of which is the instruction

16 of elementary and secondary school students.

17 ‘‘SEC. 11006. AUTHORIZATION.

18 ‘‘There are authorized to be appropriated to carry out

19 this title, $200,000,000 for fiscal year 1995 and such

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

21 fiscal years.
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1 ‘‘TITLE XII—URBAN AND RURAL

2 EDUCATION ASSISTANCE

3 ‘‘PART A—URBAN EDUCATION DEMONSTRATION

4 GRANTS

5 ‘‘SEC. 12000. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘(a) DEMONSTRATION GRANTS.—(1) There is au7 thorized to be appropriated $200,000,000 for fiscal year

8 1995, and such sums as may be necessary for each of the

9 fiscal years 1996 through 1999 to carry out the provisions

10 of sections 12003 and 12103.

11 ‘‘(2) 50 percent of the amount appropriated under

12 paragraph (1) shall be reserved and made available only

13 for the purposes of section 12103. If the amount reserved

14 for any fiscal year for section 12103 is less than

15 $50,000,000, the Secretary shall grant awards on a com16 petitive basis to local educational agencies serving rural

17 areas, making such that there is an equitable geographic

18 distribution of such awards. If the amount reserved for

19 any fiscal year for section 12103 exceeds $50,000,000, the

20 Secretary shall grant awards in such a manner that a local

21 educational agency serving rural areas in each State re22 ceives such an award.

23 ‘‘(3) 50 percent of the amount appropriated under

24 paragraph (1) shall be reserved and made available only

25 for the purposes of section 12003.
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•HR 6 RFS

1 ‘‘(b) HIGHER EDUCATION AND RESEARCH

2 GRANTS.—(1) There are authorized to be appropriated

3 $50,000,000 for fiscal year 1995, and such sums as may

4 be necessary for each of the fiscal years 1996 through

5 1999 to carry out the provisions of sections 12004 and

6 12104.

7 ‘‘(2) 50 percent of the amount appropriated under

8 paragraph (1) shall be reserved and made available only

9 for the purposes of section 12004.

10 ‘‘(3) 50 percent of the amount appropriated under

11 paragraph (1) shall be reserved and made available only

12 for the purposes of section 12104.

13 ‘‘(c) COMMISSIONS.—There are authorized to be ap14 propriated for fiscal years 1995, 1996, and 1997 such

15 sums as may be necessary to carry out the provisions of

16 sections 12006 and 12105. Amounts appropriated pursu17 ant to this authority shall remain available until expended.

18 ‘‘(d) EVALUATION.—There are authorized to be ap19 propriated for each of the fiscal years 1995 through 1999

20 such sums as may be necessary to carry out the provisions

21 of section 12005.

22 ‘‘SEC. 12001. FINDINGS.

23 ‘‘The Congress finds that—

24 ‘‘(1) the ability of the Nation’s major urban

25 school systems to meet the Nation’s educational
739

•HR 6 RFS

1 goals will determine the country’s economic competi2 tiveness and academic standing in the world commu3 nity;

4 ‘‘(2) the quality of public education in the Na5 tion’s major urban areas has a direct effect on the

6 economic development of the Nation’s inner cities;

7 ‘‘(3) the success of urban schools in boosting

8 the achievement of its minority youth attending such

9 schools will determine the ability of the Nation to

10 close the gap between the ‘haves and have-nots’ in

11 society;

12 ‘‘(4) the cost to America’s businesses to provide

13 remedial education to high school graduates is ap14 proximately $21,000,000,000 per year;

‘‘(5) approximately 1 15 ⁄3 of the Nation’s work

16 force will be minority by the year 2000;

17 ‘‘(6) urban schools enroll a disproportionately

18 large share of the Nation’s poor and ‘at-risk’ youth;

‘‘(7) urban schools enroll approximately 1 19 ⁄3 of

20 Nation’s poor, 40 percent of the Nation’s African

21 American children, and 30 percent of the Nation’s

22 Hispanic youth;

23 ‘‘(8) nearly 20 percent of the Nation’s limited

24 English proficient children and 15 percent of the
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•HR 6 RFS

1 Nation’s disabled youth are enrolled in urban

2 schools;

3 ‘‘(9) the academic performance of students in

4 the average inner-city public school system is below

5 that of students in most other kinds of school

6 systems;

7 ‘‘(10) urban schools systems have higher drop8 out rates, more problems with health care and less

9 parental participation than other kinds of school

10 systems;

11 ‘‘(11) urban preschoolers have one-half the ac12 cess to early childhood development programs as do

13 other children;

14 ‘‘(12) shortages of teachers in urban school sys15 tems are 2.5 times greater than such shortages in

16 other kinds of school systems;

17 ‘‘(13) declining numbers of urban minority high

18 school graduates are pursuing postsecondary edu19 cational opportunities;

20 ‘‘(14) urban schools systems have greater prob21 lems with teen pregnancy, discipline, drug abuse and

22 gangs than do other kinds of school systems;

23 ‘‘(15) 75 percent of urban school buildings are

24 over 25 years old, 33 percent of such buildings are

25 over 50 years old, and such buildings are often in
741

•HR 6 RFS

1 serious disrepair and create poor and demoralizing

2 working and learning conditions;

3 ‘‘(16) solving the challenges facing our Nation’s

4 urban schools will require the concerted and collabo5 rative efforts of all levels of government and all sec6 tors of the community;

7 ‘‘(17) State and Federal funding or urban

8 schools has not adequately reflected need; and

9 ‘‘(18) Federal funding that is well targeted,

10 flexible and accountable would contribute signifi11 cantly to addressing the comprehensive needs of

12 inner-city schools.

13 ‘‘SEC. 12002. STATEMENT OF PURPOSE.

14 ‘‘It is the purpose of this Act to provide financial

15 assistance to—

16 ‘‘(1) assist urban schools in meeting national

17 education goals;

18 ‘‘(2) improve the educational and social well

19 being of urban public school children;

20 ‘‘(3) close the achievement gap between urban

21 and nonurban school children, while improving the

22 achievement level of all children nationally;

23 ‘‘(4) renovate and repair urban school buildings

24 and facilities;
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1 ‘‘(5) conduct coordinated research on urban

2 education problems, solutions and promising prac3 tices;

4 ‘‘(6) improve the Nation’s global economic and

5 educational competitiveness by improving the coun6 try’s urban schools;

7 ‘‘(7) encourage community, parental and busi8 ness collaboration in the improvement or urban

9 schools; and

10 ‘‘(8) review regulations whose simplification

11 might improve the achievement of urban school chil12 dren.

13 ‘‘SEC. 12003. URBAN EDUCATION DEMONSTRATION GRANTS.

14 ‘‘(a) AUTHORITY.—The Secretary is authorized to

15 make grants to eligible local educational agencies serving

16 an urban area or State educational agencies in the case

17 where the State educational agency is the local educational

18 agency for activities designed to assist in local school im19 provement efforts and school reform, and to assist the

20 schools of such agencies in meeting the National Edu21 cation Goals.

22 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this

23 section may be used to—

24 ‘‘(1) increase academic achievement of urban

25 school children;
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•HR 6 RFS

1 ‘‘(2) ensure the readiness of urban children for

2 school;

3 ‘‘(3) increase the graduation rates of urban

4 students;

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

12 increase the professional capacities of the teaching

13 staff and the skills of teacher aides and paraprofes14 sionals;

15 ‘‘(7) decrease the use of drugs and alcohol

16 among urban students and to ensure the physical

17 and emotional well-being of such students in a bias18 free school environment;

19 ‘‘(8) coordinate and collaborate with parents,

20 the community, the private sector, and with other

21 service providers and programs;

22 ‘‘(9) acquire and improve access to educational

23 technology; and

24 ‘‘(10) assist the schools most in need of services

25 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,

10 for the purposes of this part—

11 ‘‘(1) CENTRAL CITY.—The term ‘central city’

12 has the same meaning as that used by the United

13 States Census Bureau.

14 ‘‘(2) ELIGIBLE LOCAL EDUCATIONAL AGEN15 CY.—The term ‘eligible local educational agency’

16 means a local educational agency which—

17 ‘‘(A) serves the largest central city in a

18 State;

19 ‘‘(B) enrolls more than 30,000 students

20 and serves a central city with a population of

21 at least 200,000 in a metropolitan statistical

22 area; or

23 ‘‘(C) enrolls between 25,000 and 30,000

24 students and serves a central city with a popu-
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•HR 6 RFS

1 lation of at least 140,000 in a metropolitan sta2 tistical area.

3 ‘‘(3) METROPOLITAN STATISTICAL AREA.—The

4 term ‘metropolitan statistical area’ has the same

5 meaning as that used by the United States Census

6 Bureau.

7 ‘‘SEC. 12004. RESEARCH AND EVALUATION GRANTS.

8 ‘‘The Secretary is authorized to make grants and

9 enter into contracts with eligible local educational agen10 cies, and institutions of higher education jointly with eligi11 ble local educational agencies to conduct research and

12 evaluate programs for improving and reforming the Na13 tion’s urban schools.

14 ‘‘SEC. 12005. USE OF FUNDS.

15 ‘‘Funds allotted to eligible local educational agencies

16 and institutions of higher education under section 12004

17 may be used for—

18 ‘‘(1) collaborative and coordinated research and

19 evaluation of educational techniques or approaches

20 used in multiple eligible local educational agencies;

21 ‘‘(2) evaluation of projects assisted under title

22 I;

23 ‘‘(3) collection and dissemination of information

24 on successful projects and approaches assisted under

25 title I;
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1 ‘‘(4) design and implementation of extension

2 service programs to allow an eligible local edu3 cational agency to provide technical assistance to in4 dividual schools and teachers involved in projects as5 sisted under title I;

6 ‘‘(5) provision of data and information manage7 ment services to individual schools assisted under

8 title I;

9 ‘‘(6) provision of staff training in schools as10 sisted under title I;

11 ‘‘(7) evaluation of progress made by eligible

12 local educational agencies assisted under this Act in

13 meeting national education goals;

14 ‘‘(8) provision of staff training in test interpre15 tation and use for diagnostic purposes;

16 ‘‘(9) provision of information to parents on test

17 results and test interpretation;

18 ‘‘(10) provision of technology and training in its

19 research and evaluation uses;

20 ‘‘(11) development of assessment tools of stu21 dents in individualized instruction;

22 ‘‘(12) research on school policies and practices

23 which may be barriers to the success of students in

24 school; and
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•HR 6 RFS

1 ‘‘(13) development and testing of new multiple,

2 alternative assessments of student progress toward

3 the national education goals which are race and gen4 der bias-free and sensitive to limited-English pro5 ficient and disabled students.

6 ‘‘SEC. 12006. AUGUSTUS F. HAWKINS NATIONAL COMMIS7 SION ON URBAN EDUCATION.

8 ‘‘(a) ESTABLISHMENT.—There is established a Na9 tional Commission on Urban Education (in this Act re10 ferred to as the ‘Commission’).

11 ‘‘(b) MEMBERSHIP.—

12 ‘‘(1) IN GENERAL.—The Commission shall be

13 composed of 12 members as follows:

14 ‘‘(A) 4 of the Members shall be appointed

15 by the President.

16 ‘‘(B) 4 of the Members shall be appointed

17 by the Speaker of the House, including 2 Mem18 bers of the House, of which 1 shall be from

19 each political party.

20 ‘‘(C) 4 of the members shall be appointed

21 by the President pro tempore of the Senate, in22 cluding 2 Members of the Senate, of which 1

23 shall be from each political party.

24 ‘‘(2) CHAIRPERSON.—The Chairperson of the

25 Commission shall be elected by the members of the
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1 Commission and shall continue to serve for the dura2 tion of the Commission.

3 ‘‘(3) VACANCIES.—Any vacancy in the Commis4 sion shall be filled in the same manner as the origi5 nal appointment.

6 ‘‘(c) DUTIES.—The Commission shall study the fol7 lowing issues:

8 ‘‘(1) DEMOGRAPHIC CHANGES.—Demographic

9 changes in student enrollment and classroom teach10 ers in the 10-year period prior to the date of enact11 ment of this Act.

12 ‘‘(2) SPECIAL NEEDS.—Numbers and types of

13 special needs of students in urban schools.

14 ‘‘(3) UNSERVED OR UNDERSERVED STU15 DENTS.—Number of unserved or underserved stu16 dents in urban schools eligible for assistance under

17 the Head Start Act, chapter 1 of title 1 of the Ele18 mentary and Secondary Education Act of 1965,

19 School Dropout Demonstration Assistance Act of

20 1988, Drug Free Schools and Communities Act of

21 1986. Carl D. Perkins Vocational and Applied Tech22 nology Education Act, Education of the Handi23 capped Act and other Federal programs.

24 ‘‘(4) STUDENT PERFORMANCE.—Program and

25 management efforts in urban schools designed to en-
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1 hance student performance, and reasons for the ef2 fectiveness of such efforts.

3 ‘‘(5) FINANCIAL SUPPORT.—Financial support

4 and funding needs of urban schools from local,

5 State, and Federal sources.

6 ‘‘(6) COLLABORATE EFFORTS.—Collaborative

7 efforts and programs between urban schools, the pri8 vate sector, and community groups.

9 ‘‘(7) SUPPLY NEEDS.—Supply needs for teach10 ers in urban schools in the 10-year period beginning

11 on the date of enactment of this Act.

12 ‘‘(d) REPORTS.—

13 ‘‘(1) IN GENERAL.—The Commission shall sub14 mit a report that includes recommendations to the

15 President and to the appropriate committees of the

16 Congress on the findings of the study required by

17 this section. The report shall be submitted as soon

18 as practicable.

19 ‘‘(2) PROPOSAL FOR CHANGES IN FEDERAL

20 LEGISLATION.—The report submitted under this sec21 tion shall include proposals for changes in Federal

22 legislation.

23 ‘‘(e) STAFF.—Such personnel as the Commission

24 deems necessary may be appointed by the Commission

25 without regard to the provisions of title 5, United States
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1 Code, governing appointments in the competitive service,

2 and may be paid without regard to the provisions of chap3 ter 51 and subtitle III of chapter 53 of such title relating

4 to classification and General Schedule pay rates, but no

5 individual so appointed shall be paid in excess of the rate

6 of basic pay for level III of the Executive Schedule.

7 ‘‘(f) COMPENSATION.—

8 ‘‘(1) IN GENERAL.—Members of the Commis9 sion who are officers or full-time employees of the

10 United States shall receive no additional pay, allow11 ances, or benefits by reason of their service on the

12 Commission.

13 ‘‘(2) TRAVEL EXPENSES.—Each member shall

14 receive travel expenses, including per diem in lieu of

15 subsistence, as authorized by section 5702 and 5703

16 of title 5, United States Code.

17 ‘‘(3) SPECIAL RULE.—Members of the Commis18 sion who are not officers or full-time employees of

19 the United States may receive a per diem and travel

20 allowance as is provided by the United States Code

21 for persons in the Government service employed

22 intermittently.

23 ‘‘(g) ADMINISTRATION.—

24 ‘‘(1) IN GENERAL.—The Commission or, on the

25 authorization of the Commission, any committee
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1 thereof, may, for the purpose of carrying out the

2 provisions of this section, hold such hearings and

3 site and act at such times and such places within the

4 United States as the Commission or such committee

5 considers advisable.

6 ‘‘(2) CONSULTATION.—In carrying out its du7 ties under this section, the Commission shall consult

8 with other Federal agencies, representatives of State

9 and local governments, and private organizations to

10 the extent feasible.

11 ‘‘(3) INFORMATION.—The Commission may se12 cure directly from any department or agency of the

13 United States information necessary to enable it to

14 carry out this section. Upon request of the Chair15 person of the Commission, the head of such depart16 ment or agency shall furnish that information to the

17 Commission.

18 ‘‘(4) CONTRACTS.—The Commission is author19 ized to enter into contracts to secure the necessary

20 data and information to conduct its work and to ob21 tain the services of experts and consultants.

22 ‘‘(5) COOPERATION.—The heads of all Federal

23 agencies are, to the extent practicable, directed to

24 cooperate with the Commission in carrying out this

25 section.
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1 ‘‘(6) SPECIAL RULE.—The Commission is au2 thorized to utilize, with the consent of such agencies,

3 the services, personnel, information, and facilities of

4 other Federal, State, local, and private agencies with

5 or without reimbursement.

6 ‘‘(h) TERMINATION.—The Commission shall termi7 nate 3 years after the date of its first meeting.

8 ‘‘SEC. 12007. EVALUATION.

9 ‘‘The Secretary is authorized directly, or through

10 grants or contracts to evaluate the programs and activities

11 funded under this title, broadly disseminate such informa12 tion to other school districts, and to report the results of

13 such evaluation to the Education and Labor Committee

14 of the House of Representatives and the Labor and

15 Human Resources Committee of the Senate.

16 ‘‘PART B—RURAL EDUCATION DEMONSTRATION

17 GRANTS

18 ‘‘SEC. 12101. FINDINGS.

19 ‘‘The Congress finds that—

20 ‘‘(1) rural schools are essential to national ef21 forts to meet the National Education Goals;

22 ‘‘(2) approximately 60 percent of the Nation’s

23 public school districts are rural, with populations of

24 less than 2,500;
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1 ‘‘(3) about 1 out of every 4 of America’s rural

2 school children are living below the poverty level;

3 ‘‘(4) the quality of public education in rural

4 areas has a direct effect on the economic develop5 ment of our country’s rural communities;

6 ‘‘(5) the academic performance of students in

7 the average rural school system is below that of stu8 dents in most other suburban school systems;

9 ‘‘(6) the average age of rural public school

10 buildings is more than 45 years old, creating poor

11 and demoralizing working and learning conditions;

12 ‘‘(7) shortages of teachers for rural school

13 systems is greater than in other kinds of school

14 systems;

15 ‘‘(8) solving the challenges facing the Nation’s

16 rural schools will require the concerted and collabo17 rative efforts of all levels of government and all sec18 tors of the education community; and

19 ‘‘(9) additional Federal funding would contrib20 ute significantly to addressing the comprehensive

21 needs of rural schools.

22 ‘‘SEC. 12102. STATEMENT OF PURPOSE.

23 ‘‘It is the purpose of this part to provide financial

24 assistance to rural schools to encourage innovative school

25 reform programs, the enhanced use of telecommunications
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1 technology for learning, and inservice training and teacher

2 recruitment initiatives in cooperation with institutions of

3 higher education designed to augment local school im4 provement activities.

5 ‘‘SEC. 12103. RURAL SCHOOL GRANTS.

6 ‘‘(a) AUTHORITY.—The Secretary is authorized to

7 make grants to local education agencies serving rural

8 areas or State educational agencies in the case where the

9 State educational agency is the local educational agency

10 for activities designed to assist in local school improve11 ment efforts.

12 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this

13 title may be used to—

14 ‘‘(1) assist rural schools in meeting National

15 Education goals and undertaking local school im16 provement initiatives;

17 ‘‘(2) develop pilot projects that experiment with

18 innovative ways to teach rural public school children

19 more effectively;

20 ‘‘(3) encourage rural school consortia for the

21 purpose of increasing efficiency and course offerings;

22 ‘‘(4) provide meaningful inservice training op23 portunities for rural public school teachers; and
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1 ‘‘(5) assist rural schools in acquiring and im2 proving access to educational technology, including

3 distance learning technologies.

4 ‘‘(c) GENERAL PROVISIONS.—Each eligible entity de5 siring a grant under this title shall submit an application

6 to the Secretary at such time, in such manner, and accom7 panied by such information as the Secretary may reason8 ably require. Awards made by the Secretary shall be of

9 sufficient size and scope to achieve significant rural school

10 improvement.

11 ‘‘SEC. 12104. HIGHER EDUCATION GRANTS.

12 ‘‘(a) GRANTS.—The Secretary is authorized to make

13 grants to institutions of higher education, consortia of

14 such institutions, or partnerships between institutions of

15 higher education and local education agencies to assist

16 rural schools and local education agencies serving rural

17 areas in undertaking local school improvement activities.

18 ‘‘(b) AUTHORIZED ACTIVITIES.—Funds under this

19 section may be used to—

20 ‘‘(1) assist rural schools in meeting National

21 Education Goals;

22 ‘‘(2) assist in the recruitment and training of

23 teachers in rural schools;
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1 ‘‘(3) assist rural schools in the development of

2 appropriate innovative school improvement initia3 tives;

4 ‘‘(4) provide inservice training opportunities for

5 teachers in rural schools; and

6 ‘‘(5) provide technical assistance in the use and

7 installation of innovative telecommunications tech8 nology.

9 ‘‘(c) GENERAL PROVISIONS.—Each eligible entity de10 siring a grant under this section shall submit an applica11 tion to the Secretary at such time, in such manner, and

12 accompanied by such information as the Secretary may

13 reasonably require.

14 ‘‘SEC. 12105. NATIONAL COMMISSION ON RURAL EDU15 CATION.

16 ‘‘(a) ESTABLISHMENT.—There is established a Na17 tional Commission on Rural Education.

18 ‘‘(b) MEMBERSHIP.—The Commission shall be com19 posed of 12 members, 4 of whom shall be appointed by

20 the President of the United States, 4 of whom shall be

21 appointed by the Speaker of the House upon the rec22 ommendation of the majority leader and the minority lead23 er, and 4 of whom shall be appointed by the President

24 pro tempore of the Senate upon the recommendation of

25 the majority leader and the minority leader. A majority
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1 of the members of the Commission shall be individuals in2 volved in rural education, with at least 2 individuals in3 volved in rural postsecondary education. The Chair of the

4 Commission shall be elected by the President from among

5 his 4 appointees and shall continue to serve during the

6 duration of the Commission. Vacancies in the Commission

7 shall be filled in the same manner as the original appoint8 ment.

9 ‘‘(c) STUDIES.—The Commission shall conduct a full

10 and complete study on the State of rural education in

11 America. Included in this analysis should be the impact

12 of demographic changes in rural schools, the special needs

13 of these schools, the current and future teacher needs of

14 these schools, the effectiveness of existing Federal edu15 cation programs in meeting the needs of these schools, the

16 adequacy of financial support for these schools, and any

17 other issues that the Commission deems to be important

18 and essential for a complete and exhaustive examination

19 of the state and condition of rural schools in America.

20 ‘‘(d) STAFF.—The Commission may appoint such

21 staff as may be necessary by the Chair without regard to

22 the provisions of title 5, United States Code, governing

23 appointments in the competitive service, and may pay such

24 staff without regard to the provisions of chapter 51 of sub25 chapter III of chapter 53 of such title relating to classi-
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1 fication and General Schedule pay rates, but no individual

2 so appointed shall be paid in excess of the rate authorized

3 for GS–18 of the General Schedule.

4 ‘‘(e) COMPENSATION AND EXPENSES.—(1) Members

5 of the Commission who are officers or full-time employees

6 of the United States shall serve without compensation in

7 addition to that received for their services as officers and

8 employees of the United States. Such members may be

9 allowed travel expenses and per diem in lieu of subsist10 ence, as authorized by section 5703 of title 5, United

11 States Code.

12 ‘‘(2) Members of the Commission who are not officers

13 or full-time employees of the United States may each re14 ceive per diem and travel allowance as is provided by the

15 United States Code for persons in the Government service

16 employed intermittently.

17 ‘‘(f) ADMINISTRATION.—(1) The Commission may

18 organize itself in whatever manner is most appropriate for

19 the conduct of its activities. It may hold such hearings

20 and act at such time and such places within the United

21 States as it may consider advisable. In carrying out its

22 duties, the Commission may consult with other Federal

23 agencies, representatives of State and local governments,

24 and private organizations to the extent feasible.
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1 ‘‘(2) The Commission is authorized to secure directly

2 from any executive department, bureau, agency, board,

3 commission, office, independent establishment, or instru4 mentality, information, suggestions, estimates, and statis5 tics for the purpose of this section, and each such depart6 ment, bureau, agency, board, commission, office, inde7 pendent establishment, or instrumentality is authorized

8 and directed, to the extent permitted by law, to furnish

9 such information, suggestions, estimates, and statistics di10 rectly to the Commission, upon request by the Chair.

11 ‘‘(3) The Commission may enter into contracts for

12 the acquisition of information, suggestions, estimates, and

13 statistics for the purpose of this section. The Commission

14 is authorized to obtain the services of experts and consult15 ants without regard to section 3109 of title 5, United

16 States Code, and to set pay in accordance with such

17 section.

18 ‘‘(4) The head of such Federal agency shall, to the

19 extent not prohibited by law, cooperate with the Commis20 sion in carrying out this section. The Commission is au21 thorized to utilize, with their consent, the services, person22 nel, information, and facilities of other Federal, State,

23 local, and private agencies with or without reimbursement.

24 ‘‘(g) FINAL REPORT.—The Commission shall report

25 to Congress its findings not later than 3 years after the
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1 date of enactment of this Act. Such report may include

2 legislative recommendations. The Commission may make

3 whatever interim reports to Congress that it deems

4 necessary.’’.

5 TITLE II—AMENDMENTS TO THE

6 GENERAL EDUCATION PROVI7 SIONS ACT

8 PART A—APPLICABILITY OF THE GENERAL

9 EDUCATION PROVISIONS ACT

10 SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.

11 Section 400 of the General Education Provisions Act

12 (20 U.S.C. 1221 et seq.; referred to in this title as ‘‘the

13 Act’’) is amended to read as follows:

14 ‘‘TITLE; APPLICABILITY; DEFINITIONS

15 ‘‘SEC. 400. (a) This title may be cited as the ‘General

16 Education Provisions Act’.

17 ‘‘(b)(1) Except as otherwise provided, this title ap18 plies to each applicable program of the Department of

19 Education.

20 ‘‘(2) Except as otherwise provided, this title does not

21 apply to any contract made by the Department of

22 Education.

23 ‘‘(c) As used in this title, the following terms have

24 the following meanings:

25 ‘‘(1) The term ‘applicable program’ means any

26 program for which the Secretary or the Department
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1 has administrative responsibility as provided by law

2 or by delegation of authority pursuant to law. The

3 term includes each program for which the Secretary

4 or the Department has administrative responsibility

5 under the Department of Education Organization

6 Act or under statutes effective after the effective

7 date of that Act.

8 ‘‘(2) The term ‘applicable statute’ means—

9 ‘‘(A) the Act or the title, part, section, or

10 any other subdivision of an Act, as the case

11 may be, that authorizes the appropriation for

12 an applicable program;

13 ‘‘(B) this title; and

14 ‘‘(C) any other statute that by its terms

15 expressly controls the administration of an ap16 plicable program.

17 ‘‘(3) The term ‘Department’ means the Depart18 ment of Education.

19 ‘‘(4) The term ‘Secretary’ means the Secretary

20 of Education.

21 ‘‘(d) Nothing in this title shall be construed to affect

22 the applicability of title VI of the Civil Rights Act of 1964,

23 title IX of the Education Amendments of 1972, title V

24 of the Rehabilitation Act of 1973, the Age Discrimination
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1 Act, or other statutes prohibiting discrimination, to any

2 applicable program.’’.

3 SEC. 212. REPEAL AND REDESIGNATION.

4 (a) The following provisions of the Act are repealed—

5 (1) sections 400A, 401, 402, 405, 406, 406A,

6 406B, 406C, 407, 413, 416, 419, 421, 423, 424,

7 426A, and 429; and

8 (2) part D.

9 (b) Sections 403, 408, 409, 411, 412, 414, 415, 417,

10 420, 421A, 422, 425, 426, 427, 428, 430, 431, 432, 433,

11 434, 435, 436, 437, 438, 439, and 440 are redesignated

12 as 401, 410, 411, 420, 421, 422, 423, 425, 426, 430, 431,

13 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442,

14 443, 444, 445, and 446 respectively.

15 (c) Part E is redesignated as part D.

16 PART B—THE DEPARTMENT OF EDUCATION

17 SEC. 221. NEW HEADING FOR PART A.

18 The heading for part A of the Act is amended to read

19 as follows:

20 ‘‘PART A—FUNCTIONS OF THE DEPARTMENT OF

21 EDUCATION’’.

22 SEC. 222. OFFICE OF NON-PUBLIC EDUCATION.

23 Section 401 of the Act (as redesignated) is amended

24 by—
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1 (1) striking the heading of such section and in2 serting the following new heading:

3 ‘‘OFFICE OF NON-PUBLIC EDUCATION’’;

4 (2) striking subsections (a), (b), and (c); and

5 (3) striking ‘‘(d)(1) There’’ and inserting ‘‘SEC.

6 401. (1) There’’.

7 SEC. 223. GENERAL AUTHORITY OF THE SECRETARY.

8 Section 410 of the Act (as redesignated) is amended

9 to read as follows:

10 ‘‘GENERAL AUTHORITY OF THE SECRETARY

11 ‘‘SEC. 410. The Secretary, in order to carry out func12 tions otherwise vested by law or by delegation of authority

13 pursuant to law, and subject to limitations as may be oth14 erwise imposed by law, is authorized to make, promulgate,

15 issue, rescind, and amend rules and regulations governing

16 the manner of operation of, and governing the applicable

17 programs administered by, the Department.’’.

18 PART C—APPROPRIATIONS AND EVALUATIONS

19 SEC. 230. FORWARD FUNDING.

20 Section 420 of the Act (as redesignated) is amended

21 to read as follows:

22 ‘‘FORWARD FUNDING

23 ‘‘SEC. 420. (a) To the end of affording the respon24 sible State, local, and Federal officers adequate notice of

25 available Federal financial assistance for carrying out on26 going education activities and projects, appropriations for
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1 grants, contracts, or other payments under any applicable

2 program are authorized to be included in the appropria3 tions Act for the fiscal year preceding the fiscal year dur4 ing which such activities and projects shall be carried out.

5 ‘‘(b) In order to effect a transition to the timing of

6 appropriation action authorized by subsection (a), the ap7 plication of this section may result in the enactment, in

8 a fiscal year, of separate appropriations for an applicable

9 program (whether in the same appropriations Act or oth10 erwise) for 2 consecutive fiscal years.’’.

11 SEC. 231. AVAILABILITY OF APPROPRIATIONS.

12 (a) The heading for section 421 of the Act (as redes13 ignated) is amended to read as follows: ‘‘AVAILABILITY OF

14 APPROPRIATIONS ON ACADEMIC OR SCHOOL-YEAR BASIS;

15 ADDITIONAL PERIOD FOR EXPENDITURE OF FUNDS’’.

16 (b) Section 421 of the Act (as redesignated) is fur17 ther amended—

18 (1) in subsection (b) by striking ‘‘(b) Notwith19 standing’’ and inserting ‘‘(b)(1) Notwithstanding’’;

20 and

21 (2) in subsection (c) by striking ‘‘section

22 3679(d)(2) of the Revised Statutes’’ and inserting

23 ‘‘section 1341(a) of title 31 of the United States

24 Code’’.
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1 SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.

2 Section 422 of the Act (as redesignated) is amended

3 to read as follows:

4 ‘‘CONTINGENT EXTENSION OF PROGRAMS

5 ‘‘SEC. 422. (a) The authorization of appropriations

6 for, or duration of, an applicable program shall be auto7 matically extended for one additional fiscal year unless

8 Congress, in the regular session that ends prior to the be9 ginning of the terminal fiscal year of such authorization

10 or duration, has passed legislation that becomes law and

11 extends or repeals the authorization or duration of such

12 program.

13 ‘‘(b) The amount authorized to be appropriated for

14 the period of automatic extension of an applicable program

15 under subsection (a) shall be the amount that was author16 ized to be appropriated for that program during its termi17 nal fiscal year.

18 ‘‘(c) During the period of automatic extension of an

19 applicable program under subsection (a), the Secretary

20 shall administer such program, including the performance

21 of all required acts and determinations, in the same man22 ner required in the termination fiscal year by the applica23 ble statute.

24 ‘‘(d) This section shall not apply to the authorization

25 of appropriations for a commission, council or committee
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1 which is required by an applicable statute to terminate on

2 a date certain.’’.

3 SEC. 233. STATE REPORTS.

4 Subpart 2 of part B of the Act is amended by insert5 ing the following new section 424 at the beginning of such

6 subpart.

7 ‘‘RESPONSIBILITY OF STATES TO FURNISH INFORMATION

8 ‘‘SEC. 424. (a) Each State educational agency shall

9 submit to the Secretary a report on or before March 15

10 of every second year. Each such report shall include—

11 ‘‘(1) information with respect to the uses of

12 Federal funds in such State in the 2 preceding fiscal

13 years under any applicable program under the juris14 diction of the State educational agency; and

15 ‘‘(2) information with respect to the uses of

16 Federal funds in such State in the 2 preceding fiscal

17 years under any Federal program administered by

18 the State that provided grants or contracts to a local

19 educational agency in the State.

20 ‘‘(b) Each report submitted as required by subsection

21 (a) shall—

22 ‘‘(1) list, with respect to each program for

23 which information is provided, all grants made to

24 and contracts entered into with local educational

25 agencies and other public and private agencies and
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1 institutions within the State during each fiscal year

2 concerned;

3 ‘‘(2) analyze the information included in the re4 port by local educational agency and by program;

5 ‘‘(3) include the total amount of funds available

6 to the State under each such program for each fiscal

7 year concerned; and

8 ‘‘(4) be made readily available by the State to

9 local educational agencies and institutions within the

10 State and to the public.

11 ‘‘(c) If the Secretary does not receive a report by the

12 date required under subsection (a), or receives an incom13 plete report, the Secretary, not later than 30 days after

14 such report is required to be submitted, shall take all rea15 sonable measures to obtain the delinquent or incomplete

16 information from the State educational agency.

17 ‘‘(d) When the Secretary receives a report required

18 under subsection (a), the Secretary shall provide such in19 formation to the National Center for Education Statistics,

20 and shall make such information available, at a reasonable

21 cost, to any individual who requests it.

22 ‘‘(e) The Secretary shall consult with the Speaker

23 and Minority Leader of the House of Representatives and

24 the Majority and Minority Leaders of the Senate regard25 ing the costs and feasibility of making the information de-
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1 scribed in subsection (a) available as part of a tele2 communications network that is readily accessible to every

3 member of Congress and other interested parties.

4 ‘‘(f) On or before August 15th of each year in which

5 reports are submitted under subsection (a), the Secretary

6 shall submit a report to the Committee on Education and

7 Labor of the House of Representatives and the Committee

8 on Labor and Human Resources of the Senate. Such re9 port shall include—

10 ‘‘(1) an analysis of the content and data quality

11 of such reports;

12 ‘‘(2) a compilation of statistical data derived

13 from such reports; and

14 ‘‘(3) information obtained by the Secretary with

15 respect to—

16 ‘‘(A) direct grants made to local edu17 cational agencies by the Federal Government;

18 and

19 ‘‘(B) contracts entered into between such

20 agencies and the Federal Government.’’.

21 SEC. 234. BIENNIAL EVALUATION REPORT.

22 Section 425 of the Act (as redesignated) is amended

23 to read as follows:

24 ‘‘BIENNIAL EVALUATION REPORT

25 ‘‘SEC. 425. Not later than March 31 of each second

26 year beginning with 1995, the Secretary shall transmit to
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1 the Committee on Education and Labor of the House of

2 Representatives and the Committee on Labor and Human

3 Resources of the Senate an evaluation report on the effec4 tiveness of applicable programs during the two preceding

5 fiscal years in achieving their legislated purposes. Such re6 port shall—

7 ‘‘(1) contain program profiles that include legis8 lative citations, multi-year funding histories, and leg9 islated purposes;

10 ‘‘(2) contain recent evaluation information on

11 the progress being made toward the achievement of

12 program objectives, including listings of program

13 performance indicators, data from performance

14 measurement based on the indicators, evaluation in15 formation on the costs and benefits of the applicable

16 programs being evaluated.

17 ‘‘(3) contain selected significant program activi18 ties, such as initiatives for program improvement,

19 regulations, and program monitoring and evaluation;

20 ‘‘(4) list the principal analyses and studies sup21 porting the major conclusions in such report; and

22 ‘‘(5) be prepared in concise summary form with

23 necessary detailed data and appendices, including

24 available data to indicate the effectiveness of the
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1 programs and projects by the race, sex, disability

2 and age of their beneficiaries.’’.

3 SEC. 235. TECHNICAL AMENDMENT.

4 (a) Section 423 of the Act (as redesignated) is

5 amended by striking ‘‘Commissioner’’ and inserting

6 ‘‘Secretary’’.

7 (b) Section 426 of the Act (as redesignated) is

8 amended by—

9 (1) striking ‘‘title I of’’ and all that follows

10 through ‘‘Congress)’’ and inserting ‘‘title VIII of the

11 Elementary and Secondary Education Act of 1965’’;

12 and

13 (2) striking ‘‘subparagraph (C) of section

14 3(d)(2) or section 403(1)(C)’’ and inserting in lieu

15 thereof ‘‘sections 8003(c) or residing on property de16 scribed in section 8012(4)(B)(ii)’’.

17 SEC. 236. COORDINATION.

18 The National Assessment Governing Board, the Advi19 sory Council on Statistics, the National Education Goals

20 Panel, the National Education Statistics and Improve21 ment Council, and any other Board established to analyze,

22 address, or approve standards and assessments shall co23 ordinate and interact with one another in order to ensure

24 that each entity does not duplicate activities to assist

25 States in their efforts to reform their educational systems.
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1 PART D—ADMINISTRATION OF EDUCATION

2 PROGRAMS

3 SEC. 241. JOINT FUNDING OF PROGRAMS.

4 Section 430 of the Act (as redesignated) is amended

5 to read as follows:

6 ‘‘JOINT FUNDING OF PROGRAMS

7 ‘‘SEC. 430. (a)(1) The Secretary is authorized to

8 enter into arrangements with other Federal agencies to

9 jointly carry out projects of common interest, to transfer

10 to such agencies funds appropriated under any applicable

11 program, and to receive and use funds from such agencies,

12 for projects of common interest.

13 ‘‘(2) Funds so transferred or received shall be used

14 only in accordance with the statutes authorizing the ap15 propriation of such funds, and shall be made available by

16 contract or grant only to recipients eligible to receive such

17 funds under such statutes.

18 ‘‘(3) If the Secretary enters into an agreement under

19 this subsection for the administration of a project, the

20 agency administering the project shall use its procedures

21 to award contracts or grants and to administer such

22 awards, unless the parties to the agreement specify the

23 use of procedures of another agency that is a party to the

24 agreement.

25 ‘‘(4) If the Secretary has entered into an agreement

26 authorized under subsection (a) of this section and the
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1 Secretary and the heads of the other agencies participat2 ing in the agreement determine that joint funding is nec3 essary to address a special need consistent with the

4 purposes and authorized activities of each program that

5 provides funding, the Secretary and the heads of the other

6 participating agencies may develop a single set of criteria

7 for jointly funded projects and require each applicant for

8 those projects to submit a single application for review by

9 the participating agencies.

10 ‘‘(b) The Secretary may develop the criteria for, and

11 require the submission of, joint applications under two or

12 more applicable programs under which awards are made

13 on a competitive basis, and may jointly review and approve

14 such applications separately from other applications under

15 such programs, when the Secretary determines that such

16 joint awards are necessary to address a special need con17 sistent with the purposes and authorized activities of each

18 such program. An applicant for such a joint award must

19 meet the eligibility requirements of each such program.

20 ‘‘(c) The Secretary may not construe the provisions

21 of this section to take precedence over a limitation on joint

22 funding contained in an applicable statute.

23 ‘‘(d)(1) The Secretary shall provide notice to the

24 Committee on Education and Labor of the House of Rep25 resentatives and to the Committee on Labor and Human
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1 Resources of the Senate of each joint funding agreement

2 made with other Federal agencies not later than 60 days

3 following the making of such agreements.

4 ‘‘(2) Such notice shall include—

5 ‘‘(A) a description of the purpose and objectives

6 of the joint funding arrangement;

7 ‘‘(B) the amounts and sources, by program, of

8 the funds dedicated to such arrangement; and

9 ‘‘(C) the criteria developed to govern the award

10 of contracts and grants.’’.

11 SEC. 242. COLLECTION AND DISSEMINATION OF INFORMA12 TION.

13 Section 431 of the Act (as redesignated) is amended

14 by—

15 (1) striking ‘‘(a) The Commissioner’’ and in16 serting ‘‘The Secretary’’;

17 (2) inserting ‘‘and’’ at the end of paragraph

18 (2);

19 (3) striking ‘‘; and’’ at the end of paragraph (3)

20 and inserting ‘‘.’’; and

21 (4) striking paragraph (4) and subsections (b)

22 and (c).

23 SEC. 243. REVIEW OF APPLICATIONS.

24 (a) Section 432 of the Act (as redesignated) is

25 amended—
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1 (1) in subsection (a)—

2 (A) by striking ‘‘Commissioner’’ and in3 serting ‘‘Secretary’’;

4 (B) by striking ‘‘and in the case of the

5 program provided for in title I of the Elemen6 tary and Secondary Education Act of 1965,’’;

7 (C) in the third sentence thereof, by insert8 ing a comma after ‘‘the hearing’’; and

9 (D) in the fourth sentence thereof—

10 (i) by striking the comma after

11 ‘‘guidelines’’; and

12 (ii) by inserting a comma after ‘‘pro13 gram’’;

14 (2) in subsection (b), by striking ‘‘Commis15 sioner’’ each place it appears and inserting ‘‘Sec16 retary’’; and

17 (3) in subsection (d), by striking ‘‘Commis18 sioner’’ each time it appears and inserting ‘‘Sec19 retary’’ and by inserting before the period ‘‘or issue

20 such other orders as the Secretary may deem appro21 priate to achieve such compliance’’.

22 (b) All statistics and other data collection and analy23 sis reported under this section shall, whenever feasible, be

24 collected cross-tabulated, analyzed, and reported by sex

25 within race or ethnicity and socioeconomic status. In the
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1 event that the Secretary determines that such statistics

2 or data collection and analysis reveals no significant dif3 ferences among such categories, the Secretary shall in4 clude in the relevant report incorporating such statistics

5 or data an explanation of such determination.

6 SEC. 244. TECHNICAL AMENDMENT.

7 Section 434 of the Act (as redesignated) is amended

8 in the first sentence by striking ‘‘the Commissioner’’ and

9 ‘‘he’’ and inserting ‘‘the Secretary’’ in lieu of each.

10 SEC. 245. USE OF FUNDS WITHHELD.

11 Section 435 of the Act (as redesignated) is amended

12 to read as follows:

13 ‘‘USE OF FUNDS WITHHELD

14 ‘‘SEC. 435. (a) At any time that the Secretary makes

15 an allotment or reallotment to any State under any appli16 cable program, the Secretary shall reduce such allotment

17 or reallotment by such amount as the Secretary deter18 mines such allotment or reallotment would have been re19 duced, had the data on which the allotment or reallotment

20 is based excluded all data relating to local educational

21 agencies of the State that, on the date of the Secretary’s

22 action, are ineligible to receive the Federal financial assist23 ance involved because of failure to comply with title VI

24 of the Civil Rights Act of 1964, title IX of the Education

25 Amendments of 1972, section 504 of the Rehabilitation

26 Act of 1973, or the Age Discrimination Act of 1975.
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1 ‘‘(b) The Secretary may use any funds withheld

2 under subsection (a)—

3 ‘‘(1) to increase the allotments of other local

4 educational agencies within the State, or the allot5 ments of all States, in accordance with the statutes

6 governing the program; or

7 ‘‘(2) for grants to local educational agencies of

8 that State in accordance with section 405 of the

9 Civil Rights Act of 1964, or for any other program

10 administered by the Department that is designed to

11 enhance equity in education or redress discrimina12 tion on the basis of race, color, national origin, sex,

13 age, or disability.’’.

14 SEC. 246. APPLICATIONS.

15 Section 436 of the Act (as redesignated) is amended

16 by striking ‘‘for three fiscal years’’ and inserting ‘‘for

17 more than one fiscal year’’.

18 SEC. 247. REGULATIONS.

19 Section 437 of the Act (as redesignated) is amend20 ed—

21 (1) in the heading by striking ‘‘: REQUIRE22 MENTS AND ENFORCEMENT’’;

23 (2) in subsection (a) by—

24 (A) striking, in paragraph (1), ‘‘Commis25 sioner’’ and inserting ‘‘Secretary’’; and
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1 (B) striking, in paragraph (2), ‘‘Depart2 ment of Health, Education, and Welfare or the

3 Office of Education, or by an official of such

4 agencies’’ and inserting ‘‘Secretary’’;

5 (3) in subsection (b) by—

6 (A) striking ‘‘Commissioner’’ each place it

7 appears and inserting ‘‘Secretary’’; and

8 (B) striking the last sentence of paragraph

9 (2)(B);

10 (4) in subsection (d) by—

11 (A) striking, in paragraph (1)—

12 (i) in the second sentence, ‘‘trans13 mission unless the Congress shall, by con14 current resolution, find that the final regu15 lation is inconsistent with the Act from

16 which it derives its authority, and dis17 approve such final regulation, in whole or

18 in part’’ and insert ‘‘transmission’’;

19 (ii) the last sentence; and

20 (iii) ‘‘(1)’’; and

21 (B) striking paragraph (2);

22 (5) by striking subsections (e) and (f); and

23 (6) in subsection (g), by striking ‘‘Commis24 sioner’’ each place it appears and inserting ‘‘Sec25 retary’’.
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1 SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIRE2 MENTS.

3 Section 443 of the Act (as redesignated) is amend4 ed—

5 (1) in subsection (a)—

6 (A) by striking out ‘‘grant, subgrant, con7 tract, subcontract, loan, or other arrangement

8 (other than procurement contracts awarded by

9 an administrative head of an educational agen10 cy)’’ and inserting in lieu thereof ‘‘grant,

11 subgrant, cooperative agreement, loan or other

12 agreement’’;

13 (B) by inserting ‘‘financial or pro14 grammatic’’ immediately before ‘‘audit.’’; and

15 (C) by striking ‘‘five’’ in the last sentence

16 and inserting ‘‘three’’; and

17 (2) in subsection (b), by striking out ‘‘to any

18 records of a recipient which may be related, or perti19 nent to, the grants, subgrants, contracts, sub20 contracts, loans, or other arrangements’’ and insert21 ing in lieu thereof ‘‘to any records currently main22 tained by a recipient that may be related, or perti23 nent to, grants, subgrants, cooperative agreements,

24 loans, or other arrangements’’.
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1 SEC. 249. RELEASE OF RECORDS.

2 Section 444(b)(1)(E) of the Act (as redesignated) is

3 amended to read as follows:

4 ‘‘(E) State and local officials or authorities to

5 whom such information is specifically allowed to be

6 reported or disclosed pursuant to State statute

7 adopted—

8 ‘‘(i) before November 19, 1974, if the al9 lowed reporting or disclosure concerns the juve10 nile justice system and its ability to effectively

11 serve the student whose records are released, or

12 ‘‘(ii) after November 19, 1974, if—

13 ‘‘(I) the allowed reporting or disclo14 sure concerns the juvenile justice system

15 and its ability to effectively serve the stu16 dent whose records are released, and

17 ‘‘(II) the officials and authorities to

18 whom such information is disclosed certify

19 in writing to the educational agency or in20 stitution that the information will not be

21 disclosed to any other party except as pro22 vided under State law without the prior

23 written consent of the parent.’’.

24 SEC. 250. PROTECTION OF PUPIL RIGHTS.

25 Section 445 of the Act (as redesignated) is amended

26 to read as follows:
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1 ‘‘PROTECTION OF PUPIL RIGHTS

2 ‘‘SEC. 445. (a) All instructional materials, including

3 teacher’s manuals, films, tapes, or other supplementary

4 material which will be used in connection with any survey,

5 analysis, or evaluation as part of any applicable program

6 shall be available for inspection by the parents or guard7 ians of the children.

8 ‘‘(b) No student shall be required, as part of any ap9 plicable program, to submit to a survey, analysis, or eval10 uation that reveals information concerning—

11 ‘‘(1) political affiliations;

12 ‘‘(2) mental and psychological problems poten13 tially embarrassing to the student or his family;

14 ‘‘(3) sex behavior and attitudes;

15 ‘‘(4) illegal, antisocial, self-incriminating, and

16 demeaning behavior;

17 ‘‘(5) critical appraisals of other individuals with

18 whom respondents have close family relationships;

19 ‘‘(6) legally recognized privileged or analogous

20 relationships, such as those of lawyers, physicians,

21 and ministers; or

22 ‘‘(7) income (other than that required by law to

23 determine eligibility for participation in a program

24 or for receiving financial assistance under such

25 program),
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1 without the prior consent of the student (if the student

2 is an adult or emancipated minor), or in the case of an

3 unemancipated minor, without the prior written consent

4 of the parent.

5 ‘‘(c) Educational agencies and institutions shall give

6 parents and students effective notice of their rights under

7 this section.

8 ‘‘(d) The Secretary shall take such action as the Sec9 retary determines appropriate to enforce this section, ex10 cept that action to terminate assistance provided under

11 an applicable program shall be taken only if the Secretary

12 determines that—

13 ‘‘(1) there has been a failure to comply with

14 such section; and

15 ‘‘(2) compliance with such section cannot be se16 cured by voluntary means.

17 ‘‘(e) The Secretary shall establish or designate an of18 fice and review board within the Department of Education

19 to investigate, process, review, and adjudicate violations

20 of the rights established under this section.’’.

21 SEC. 251. ENFORCEMENT.

22 (a) Section 452 of the Act is amended—

23 (1) in the first sentence of paragraph (2) of

24 subsection (a), by striking ‘‘stating’’ and all that fol25 lows through the end of such sentence and inserting
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1 ‘‘establishing a prima facia case for the recovery of

2 funds, including an analysis reflecting the value of

3 the program services actually obtained in a deter4 mination of harm to the federal interest.’’;

5 (2) in the first sentence of paragraph (1) of

6 subsection (b), by striking ‘‘30’’ and inserting ‘‘60’’;

7 and

8 (3) in subsection (d) by—

9 (A) striking ‘‘(d) Upon’’ and inserting

10 ‘‘(d)(1) Upon’’; and

11 (B) adding a new paragraph (2) as follows:

12 ‘‘(2) During the conduct of such review, there shall

13 not be any ex parte contact between the Secretary and

14 individuals representing the Department or the recipi15 ent.’’.

16 (b) Section 459 of the Act is amended—

17 (1) in paragraph (1) of subsection (a) by strik18 ing ‘‘, and that the recipient is in all other respects

19 in compliance with the requirements of that pro20 gram’’; and

21 (2) subsection (c) is amended to read as fol22 lows:

23 ‘‘(c) Notwithstanding any other provisions of law, the

24 funds made available under this section shall remain avail25 able for expenditure for a period of time deemed reason-
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1 able by the Secretary, but in no case to exceed more than

2 3 fiscal years following the later of—

3 ‘‘(1) the fiscal year in which final agency action

4 under section 452(e) is taken; or

5 ‘‘(2) if such recipient files a petition for judicial

6 review, the fiscal year in which final judical action

7 under section 458 is taken.’’.

8 SEC. 252. TECHNICAL AMENDMENTS.

9 (a) The heading for Part C of the Act is amended

10 by striking ‘‘COMMISSIONER OF EDUCATION’’ and insert11 ing ‘‘SECRETARY’’.

12 (b) Section 434 of the Act (as redesignated) is

13 amended in the second sentence thereof, by inserting ‘‘is

14 made’’ after ‘‘such determination’’.

15 (c) Section 436 of the Act (as redesignated) is

16 amended by striking ‘‘Commissioner’’ each place it ap17 pears and inserting ‘‘Secretary’’.

18 (d)(1) The heading of section 440 of the Act (as re19 designated) is amended by striking ‘‘EDUCATIONAL’’.

20 (2) Section 440 of the Act (as redesignated) is

21 amended—

22 (A) by striking ‘‘Commissioner’’ each place it

23 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

3 and inserting ‘‘subsection (b)(3)’’.

4 (e) Section 441 of the Act (as redesignated) is

5 amended—

6 (1) by striking ‘‘Commissioner’’ each place it

7 appears and inserting ‘‘Secretary’’; and

8 (2) in subsection (a)—

9 (A) by striking the comma after ‘‘submits

10 a plan’’; and

11 (B) by striking ‘‘(subject, in the case of

12 programs under chapter 1 and chapter 2 of title

13 I of the Elementary and Secondary Education

14 Act of 1965, to the provisions of title V of such

15 Act)’’.

16 (f) Section 442 of the Act (as redesignated) is amend17 ed—

18 (1) in subsection (a), by striking ‘‘that local

19 education agency’’ and inserting ‘‘that local edu20 cational agency’’; and

21 (2) in subsection (b)—

22 (A) in paragraph (2), by inserting a

23 comma after ‘‘program’’;
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1 (B) in paragraph (4), by striking ‘‘Com2 missioner’’ each place it appears and inserting

3 ‘‘Secretary’’; and

4 (C) in paragraph (7), by striking ‘‘handi5 capped individuals’’ and inserting ‘‘individuals

6 with disabilities’’.

7 (g) Section 444 of the Act (as redesignated) is

8 amended—

9 (1) in subsection (a)(4)(B)(ii), by striking the

10 period at the end thereof and inserting a semicolon;

11 (2) in subsection (b)—

12 (A) in paragraph (1)(C), by striking ‘‘(iii)

13 an administrative head of an education agency

14 (as defined in section 408(c)), or (iv)’’ and in15 serting ‘‘or (iii)’’;

16 (B) in paragraph (1)(H), by striking

17 ‘‘1954’’ and inserting ‘‘1986’’; and

18 (C) in paragraph (3)—

19 (i) by striking ‘‘(C) an administrative

20 head of an education agency or (D)’’ and

21 inserting ‘‘or (C)’’; and

22 (ii) by striking ‘‘education program’’

23 and inserting ‘‘education programs’’;

24 (3) in subsection (d), by inserting a comma

25 after ‘‘education’’;
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1 (4) in subsection (f)—

2 (A) by striking ‘‘The Secretary, or an ad3 ministrative head of an education agency,’’ and

4 inserting ‘‘The Secretary’’;

5 (B) by striking ‘‘provisions of’’ after ‘‘en6 force’’;

7 (C) by striking ‘‘according to the provi8 sions of’’ and inserting ‘‘in accordance with’’;

9 and

10 (D) by striking ‘‘the provisions of’’ after

11 ‘‘with’’; and

12 (5) in subsection (g)—

13 (A) by striking ‘‘Health, Education, and

14 Welfare’’ and inserting ‘‘Education’’; and

15 (B) by striking ‘‘the provisions of ’’.

16 SEC. 253. EQUITY FOR STUDENTS, TEACHERS, AND OTHER

17 PROGRAM BENEFICIARIES.

18 The Act is further amended by inserting after section

19 426 (as redesignated) a new section 427 to read as follows:

20 ‘‘EQUITY FOR STUDENTS, TEACHERS, AND OTHER

21 PROGRAM BENEFICIARIES

22 ‘‘SEC. 427. (a) The purpose of this section is to assist

23 the Department in implementing its mission to ensure

24 equal access to education and to promote educational ex25 cellence throughout the Nation, by ensuring equal oppor26 tunities to participate for all eligible students, teachers,
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1 and other program beneficiaries in any project or activity

2 carried out under an applicable program and promoting

3 their ability to meet high standards.

4 ‘‘(b) The Secretary shall require each applicant for

5 assistance under an applicable program (other than an in6 dividual) to develop and describe in its application the

7 steps it proposes to take to ensure equitable access to, and

8 equitable participation in, the project or activity to be con9 ducted with such assistance, by addressing the special

10 needs of students, teachers, and other program bene11 ficiaries in order to overcome barriers to equitable partici12 pation, including barriers based on gender, race, color, na13 tional origin, disability, and age.

14 ‘‘(c) The Secretary may establish criteria and provide

15 technical assistance for meeting the requirements of this

16 section.

17 ‘‘(d) Nothing in this section is intended to alter in

18 any way the rights or responsibilities established under the

19 statutes cited in section 400(d) of this Act.’’.

20 SEC. 254. DISCLOSURE REQUIREMENTS.

21 Each educational organization, prior to accepting

22 funds for the cost of a minor’s participation in an edu23 cational program operated by such organization, shall dis24 close the following information in written form to the

25 minor or the minor’s parent:
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1 (1) METHOD OF SOLICITATION AND SELEC2 TION.—The method of solicitation and selection of

3 participants in the educational program, including—

4 (A) the origin of any mailing list used for

5 such solicitation and selection;

6 (B) any recruitment through teacher or

7 school personnel, including any enticements of8 fered to such teacher or personnel for the rec9 ommendation of a minor for participation in the

10 educational program;

11 (C) any open enrollment activity, including

12 the method of outreach; and

13 (D) any cooperation with, or sponsorship

14 by, a membership organization, including a de15 scription of the cooperation or sponsorship and

16 the name of each such organization.

17 (2) COST AND FEES.—Information regarding

18 the cost of the educational program and information

19 regarding the distribution of any enrollment fee, in20 cluding—

21 (A) the amount paid for, and the percent22 age of the total educational program cost of,

23 each feature of the educational program, includ24 ing—

25 (i) food;
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1 (ii) lodging;

2 (iii) transportation;

3 (iv) program staffing;

4 (v) textbooks, syllabi, or other scholas5 tic educational program materials;

6 (vi) speaker fees; and

7 (vii) administrative expenses, includ8 ing expenses related to—

9 (I) the preparation of non-scho10 lastic educational program materials;

11 (II) the provision of financial as12 sistance;

13 (III) mailing list rental or other

14 recruitment activity; and

15 (IV) administrative salaries and

16 consulting fees;

17 (B) the identity of the organization or

18 business providing each of the features de19 scribed in clauses (i) through (vii) of subpara20 graph (A); and

21 (C) the nature of any relationship of any

22 board member, officer, or employee of the edu23 cational organization to any organization or

24 business described in subparagraph (B), includ25 ing the salary or other compensation paid by
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1 such organization or business to such board

2 member, officer, or employee.

3 (3) NONDISCRIMINATORY ENROLLMENT AND

4 SERVICE POLICY.—

5 (A) IN GENERAL.—Each educational orga6 nization shall include a verifiable statement on

7 all enrollment or recruitment material that the

8 educational organization does not—

9 (i) fail or refuse to hire, or discharge,

10 any individual, or otherwise discriminate

11 against any individual with respect to com12 pensation, terms, conditions, or privileges

13 of employment; or

14 (ii) exclude any student from partici15 pation in an educational program, discrimi16 nate against any student in providing the

17 benefits associated with such program (in18 cluding any scholarship or financial assist19 ance, and use of any facility), or subject

20 the student to discrimination under such

21 program, on the basis of race, disability, or

22 residence in a low-income area.

23 (B) CONSTRUCTION.—Nothing in this sec24 tion shall be construed to entitle a student to—
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1 (i) participation in an educational pro2 gram or any benefit associated with such

3 program; or

4 (ii) a waiver of any fee charged for

5 such participation or benefit.

6 (4) ENFORCEMENT.—

7 (A) IN GENERAL.—The Secretary of Edu8 cation shall monitor compliance with the provi9 sions of this section.

10 (B) CIVIL PENALTY.—If an educational or11 ganization knowingly violates any provision of

12 this Act, the Secretary of Education, after no13 tice and opportunity for hearing, may impose

14 on such organization a civil fine of not more

15 than $1,000 for each such violation.

16 (5)(A) Educational organization, as defined by

17 this section, means an organization or group

18 which—

19 (i) provides special honors programs, semi20 nars, citizenship experiences, government study

21 programs, educational vacations, student ex22 change programs, or other educational experi23 ences or honors generally directed toward mi24 nors or high school students and charges a tui25 tion or enrollment fee;
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1 (ii) offers its program away from a stu2 dent’s regular place of school attendance, in3 cludes not less than 1 supervised night away

4 from home, and is intended to enhance a stu5 dent’s regular course of study; and

6 (iii) advertises and recruits students

7 through commercial media, direct mailings,

8 school recruitment programs, or school adminis9 trators or teachers.

10 (B) The definition in subparagraph (A) shall

11 not include—

12 (i) a local educational agency, State edu13 cational agency, a State department of edu14 cation, or an elementary or secondary school as

15 defined by this Act;

16 (ii) an institution of higher education as

17 defined by the Higher Education Act of 1965;

18 or

19 (iii) a local organization sponsored by an

20 elementary or secondary school, a recreational

21 or entertainment organization, a local sports ac22 tivity group, or a social club.
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1 PART E—RELATED AMENDMENTS TO OTHER

2 ACTS

3 SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION

4 ACT

5 The Department of Education Organization Act is

6 amended—

7 (1) by repealing sections 414 and 427;

8 (2) by redesignating sections 209, 210, 211,

9 212, 214, 215, 303, 304, 305, 306, 307, 415, 416,

10 417, 418, 419, 420, 421, 422, 423, 424, 425, 426,

11 and 428 as sections 208, 209, 210, 211, 212, 213,

12 302, 303, 304, 305, 306, 414, 415, 416, 417, 418,

13 419, 420, 421, 422, 423, 424, 425, and 426;

14 (3) the table of contents is amended to read as

15 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.
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‘‘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.

‘‘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.
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‘‘Sec. 602. Interim appointments.’’;

1 and

2 (4) in section 202(b), by inserting after para3 graph (2) the following:

4 ‘‘(3) There shall be in the Department, a Special As5 sistant for Gender Equity who shall be appointed by the

6 Secretary. The Special Assistant shall promote, coordi7 nate, and evaluate gender equity programs, including the

8 dissemination of information, technical assistance, and co9 ordination of research activities. The Special Assistant

10 shall advise the Secretary and Deputy Secretary on all

11 matters relating to gender equity.’’.

12 TITLE III—AMENDMENTS TO

13 OTHER ACTS

14 PART A—AMENDMENTS TO THE INDIVIDUALS

15 WITH DISABILITIES EDUCATION ACT

16 SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.

17 (a) GRANT AMOUNTS.—Section 611(a) of the Indi18 viduals with Disabilities Education Act (referred to in this

19 title as the ‘‘IDEA’’) is amended—

20 (1) by amending paragraph (1) to read as

21 follows:

22 ‘‘(1) Except as provided in paragraph (5), the maxi23 mum amount of the grant for which a State is eligible

24 under this section for any fiscal year is—

25 ‘‘(A) the sum of—
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1 ‘‘(i) the number of children with disabil2 ities in the State, aged six through 21, who are

3 receiving special education and related services,

4 as determined under paragraph (3); and

5 ‘‘(ii) the number of such children in the

6 State, aged three through five, if the State is

7 eligible for a grant under section 619; multi8 plied by

9 ‘‘(B) 40 percent of the average per-pupil ex10 penditure in public elementary and secondary

11 schools in the United States.’’;

12 (2) by amending paragraph (2) to read as

13 follows:

14 ‘‘(2) For the purpose of this section, the term ‘State’

15 means each of the 50 States, the District of Columbia,

16 and the Commonwealth of Puerto Rico.’’; and

17 (3) in paragraph (5)(A)—

18 (A) in clause (i)—

19 (i) by striking ‘‘and the State’’ and

20 inserting ‘‘or the combined percentage of

21 such children counted by the Secretary for

22 the purpose of making fiscal year 199—

23 allocations under this section and under

24 subpart 2 of part D of chapter 1 of title

25 I of the Elementary and Secondary Edu-
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1 cation Act of 1965, as in effect the day be2 fore the date of the enactment of the Im3 proving America’s Schools Act of 1994,

4 whichever is greater, if the State’’; and

5 (ii) by inserting ‘‘and’’ at the end

6 thereof ;

7 (B) in clause (ii)—

8 (i) by striking ‘‘and the State’’ and

9 inserting ‘‘or the combined percentage of

10 such children counted by the Secretary for

11 the purpose of making fiscal year 1994 al12 locations under this section and under sub13 part 2 of part D of chapter 1 of title I of

14 the Elementary and Secondary Education

15 Act of 1965, as in effect the day before the

16 date of the enactment of the Improving

17 America’s Schools Act of 1994, whichever

18 is greater, if the State’’; and

19 (ii) by striking out the semicolon and

20 ‘‘and’’ at the end thereof and inserting in

21 lieu thereof a period; and

22 (C) by striking out clause (iii).

23 (b) AMOUNT RECEIVED.—Section 611(b) of the

24 IDEA is amended to read as follows:
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1 ‘‘(b)(1) Notwithstanding subsections (a) and (g) of

2 this section, no State shall receive an amount under this

3 section for any of the fiscal years 1995 through 1999 that

4 is less than the combined amount it received for fiscal year

5 1994 under—

6 ‘‘(A) this section; and

7 ‘‘(B) subpart 2 of part D of chapter 1 of title

8 I of the Elementary and Secondary Education Act

9 of 1965 as in effect the day before the date of the

10 enactment of the Improving America’s Schools Act

11 of 1994, for children with disabilities aged three

12 through 21.

13 ‘‘(2) If, for fiscal year 1998 or 1999, the number of

14 children determined under subsection (a)(3) for any State

15 is less than the total number of children with disabilities,

16 aged three through 21, counted for such State’s fiscal year

17 1994 grants under this section and under subpart 2 of

18 part D of chapter 1 of title I of the Elementary and Sec19 ondary Education Act of 1965, as in effect the day before

20 the date of the enactment of the Improving America’s

21 Schools Act of 1994, the amount determined under para22 graph (1) for such State shall be reduced by the same

23 percentage by which the number of such children so

24 declined.
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1 ‘‘(3) In any fiscal year in which the amount appro2 priated for grants under this section is less, in real dollar

3 terms, than the amount appropriated in the immediate

4 preceding fiscal year, the amount for each State under this

5 subsection will be reduced proportionately.’’.

6 (c) USES OF FUNDS.—Section 611(c) of the IDEA

7 is amended—

8 (1) by amending paragraph (1) to read as

9 follows:

10 ‘‘(1) Of the funds received under subsection (a) by

11 any State for any fiscal year—

12 ‘‘(A) the State may use up to 25 percent in ac13 cordance with paragraph (2); and

14 ‘‘(B) except as provided in paragraph (4), the

15 State shall distribute at least 75 percent to local

16 educational agencies and intermediate educational

17 units, in accordance with subsection (d), for use in

18 accordance with priorities established under section

19 612(3).’’;

20 (2) in paragraph (2), by amending subpara21 graph (A) to read as follows:

22 ‘‘(A) From the funds that any State may use under

23 paragraph (1)(A) for any fiscal year, the State—

24 ‘‘(i) may use 5 percent of the funds received

25 under this section or $450,000, whichever is greater,
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1 for administrative costs related to carrying out sec2 tions 612 and 613; and

3 ‘‘(ii) shall use the remainder—

4 ‘‘(I) to provide support services and direct

5 services, subject to subparagraph (B), in ac6 cordance with priorities established under sec7 tion 612(3); and

8 ‘‘(II) for the administrative costs of mon9 itoring and complaint investigation, but only to

10 the extent that such costs exceed the costs of

11 administration incurred during fiscal year

12 1985.’’.

13 (d) STATE FUNDS.—Section 611(d) of the IDEA is

14 amended to read as follows:

15 ‘‘(d)(1) From the total amount of funds available for

16 any fiscal year under subsection (c)(1)(B), the State shall

17 provide to each local educational agency or intermediate

18 educational unit an amount that bears the same ratio to

19 such total amount as the number of children, aged 3

20 through 21, determined under subsection (a)(3) for such

21 agency or unit bears to the total number of such children

22 determined for all such agencies and units that apply for

23 such funds.

24 ‘‘(2)(A) To the extent necessary, the State—
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•HR 6 RFS

1 ‘‘(i) shall use funds available under subsection

2 (c)(2)(A)(ii) to ensure that each State-owned or

3 State-operated school or program or State-supported

4 school or program that received fiscal year 1994

5 funds under subpart 2 of part D of chapter 1 of title

6 I of the Elementary and Secondary Education Act

7 of 1965 receives, from the combination of such

8 funds and funds provided under paragraph (1), an

9 amount equal to—

10 ‘‘(I) the number of children, aged 6

11 through 21, determined under subsection (a)(3)

12 for such agency; multiplied by

13 ‘‘(II) the per-child amount provided under

14 such subpart for fiscal year 1994; and

15 ‘‘(ii) may use such funds to ensure that each

16 local educational agency that received fiscal year

17 1994 funds under such subpart for children who had

18 transferred from a State-owned, State-operated, or

19 State-supported school or program assisted under

20 such subpart receives, from the combination of such

21 funds and funds provided under paragraph (1), an

22 amount for each such child, aged 3 through 21, de23 termined under subsection (a)(3) for such agency,

24 equal to the per-child amount the agency received

25 under such subpart for fiscal year 1994.
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1 ‘‘(B) For the purpose of subparagraph (A), the num2 ber of children determined under subsection (a)(3) for any

3 State agency or local educational agency shall not exceed

4 the number of children aged 3 through 21 for whom such

5 agency received funds under such subpart for such fiscal

6 year.

7 ‘‘(3) In any fiscal year in which the amount appro8 priated for grants under this section is less, in real dollar

9 terms, than the amount appropriated in the preceding fis10 cal year, the amount for each State under this subsection

11 will be reduced proportionately.’’.

12 (e) JURISDICTION.—Section 611(e)(1) of the IDEA

13 is amended to read as follows:

14 ‘‘(1) The jurisdictions to which this subsection ap15 plies are Guam, American Samoa, the Virgin Islands, the

16 Commonwealth of the Northern Mariana Islands, and

17 Palau (until the effective date of the Compact of Free As18 sociation with the Government of Palau).’’.

19 (f) POSSIBLE RATABLE REDUCTION.—Section

20 611(g) of the IDEA is amended to read as follows:

21 ‘‘(g)(1)(A) If the sums appropriated under subsection

22 (h) for any fiscal year are not sufficient to pay in full the

23 total of the amounts that all States are eligible to receive

24 under subsection (a), each such amount shall be ratably

25 reduced.
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1 ‘‘(B) If additional funds become available for making

2 such payments for any fiscal year, such reduced amounts

3 shall be increased on the same basis as they were reduced.

4 ‘‘(C) Any State that receives any such additional

5 funds shall distribute them in accordance with this section,

6 except that any State that has used funds available under

7 subsection (c)(2)(A)(ii) for the purposes described in sub8 section (d)(2) may—

9 ‘‘(i) deduct, from the amount that it would oth10 erwise be required to make available to local edu11 cational agencies and intermediate educational units,

12 the same amount of such additional funds as it so

13 used; and

14 ‘‘(ii) use such funds in accordance with sub15 section (c)(2)(A)(ii).

16 ‘‘(2)(A) In any fiscal year for which payments have

17 been reduced and additional funds have not been made

18 available under paragraph (1) to pay in full the amounts

19 for which all States are eligible under this section, each

20 State educational agency shall fix dates by which each

21 local educational agency or intermediate educational unit

22 shall report to the State agency the amount of funds avail23 able to it under this section that it estimates it will

24 expend.
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•HR 6 RFS

1 ‘‘(B) The State educational agency shall, in accord2 ance with this section, reallocate any funds that it deter3 mines will not be used during the period of availability

4 by such local educational agencies and intermediate edu5 cational units, and by any such agency or unit to which

6 such funds would be available if it applied for them under

7 this part, to such local educational agencies and intermedi8 ate educational units that the State educational agency de9 termines will need, and be able to use, additional funds

10 to carry out approved programs.’’.

11 SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.

12 Part B of the IDEA is further amended by inserting

13 after section 614 the following new section:

14 ‘‘TREATMENT OF CHAPTER 1 STATE AGENCIES

15 ‘‘SEC. 614A. (a) For the purpose of making pay16 ments under sections 611 and 619 of this Act, any State

17 agency that received funds for fiscal year 1994 under sub18 part 2 of part D of chapter 1 of title I of the Elementary

19 and Secondary Education Act of 1965 shall be treated as

20 if it were a local educational agency.

21 ‘‘(b) The State educational agency shall ensure that

22 each State agency that owns or operates or supports a

23 program or school for children with disabilities with funds

24 under this part—

25 ‘‘(1) provides each child with a disability in

26 such school or program a free appropriate public
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•HR 6 RFS

1 education in accordance with this part, including the

2 due process protections of section 615, as if it were

3 a local educational agency; and

4 ‘‘(2) has on file with the State educational

5 agency an application that meets the requirements

6 of section 614 that the Secretary finds appropriate.

7 ‘‘(c) Section 611(c)(4) shall not apply with respect

8 to a State agency that is eligible for a payment under this

9 part by virtue of this section.’’.

10 SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.

11 (a) ALLOTMENTS.—Section 684(c) of the IDEA is

12 amended—

13 (1) by redesignating paragraph (2) as para14 graph (5); and

15 (2) by striking paragraph (1) and inserting

16 paragraphs (1) through (4) to read as follows:

17 ‘‘(1) Except as provided in paragraphs (3) and (4),

18 from the funds remaining for each fiscal year after the

19 reservation and payments under subsections (a) and (b),

20 the Secretary shall first allot to each State an amount that

21 bears the same ratio to the amount of such remainder as

22 the number of infants and toddlers in the State bears to

23 the number of infants and toddlers in all States.

24 ‘‘(2) For fiscal year 1995 only, the Secretary shall

25 allot $34,000,000 of the remaining funds described in
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1 paragraph (1) among the States in proportion to the rel2 ative numbers of infants and toddlers who—

3 ‘‘(A) are counted on December 1, 1994; and

4 ‘‘(B) would have been eligible to be counted

5 under section 1221(c)(1) of the Elementary and Sec6 ondary Education Act of 1965 as in effect before the

7 enactment of the Improving America’s Schools Act

8 of 1994.

9 ‘‘(3) Except as provided in paragraph (4), no State

10 shall receive an amount under this section for any fiscal

11 year that is less than the greater of—

12 ‘‘(A) one-half of one percent of the remaining

13 amount described in paragraph (1), not including

14 any amounts allotted under paragraph (2); or

15 ‘‘(B) $500,000.

16 ‘‘(4)(A) No State shall receive an amount under this

17 section for any of the fiscal years 1995 through 1999 that

18 is less than the combined amount it received for fiscal year

19 1994 under—

20 ‘‘(i) this part; and

21 ‘‘(ii) subpart 2 of part D of chapter 1 of title

22 I of the Elementary and Secondary Education Act

23 of 1965 for children with disabilities from birth

24 through age two.
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1 ‘‘(B) If, for fiscal year 1998 or 1999, the number

2 of infants and toddlers in any State, as determined under

3 paragraph (1), is less than the number of infants and tod4 dlers so determined for fiscal year 1994, the amount de5 termined under subparagraph (A) for that State shall be

6 reduced by the same percentage by which the number of

7 those infants and toddlers so declined.’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 subsection (a) shall take effect beginning in fiscal year

10 1995.

11 PART B—EDUCATION FOR HOMELESS CHILDREN

12 AND YOUTH

13 SEC. 320. AMENDMENTS TO TABLE OF CONTENTS.

14 Section 101 of the Stewart B. McKinney Homeless

15 Assistance Act is amended by striking subtitles A and B

16 of 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.’’.

17 SEC. 321. STATEMENT OF POLICY.

18 Subtitle A of title VII of the Stewart B. McKinney

19 Homeless Assistance Act is amended to read as follows:
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1 ‘‘Subtitle A—Adult Education for

2 the Homeless

3 ‘‘SEC. 701. STATE LITERACY INITIATIVES.

4 ‘‘(a) GENERAL AUTHORITY.—(1) The Secretary of

5 Education is authorized to make grants to State edu6 cational agencies to enable each such agency to implement,

7 either directly or through contracts and grants, a program

8 of literacy training and academic remediation for adult

9 homeless individuals within the State, which program

10 shall—

11 ‘‘(A) include outreach activities; and

12 ‘‘(B) be coordinated with other agencies or or13 ganizations, such as community-based organizations,

14 nonprofit literacy-action organizations, and funding

15 recipients under the Adult Education Act, title II of

16 the Job Training Partnership Act, the Youth Fair

17 Chance program under title IV of the Job Training

18 Partnership Act, the Volunteers in Service to Amer19 ica program under the Domestic Volunteers Service

20 Act, part C of this title, or the Job Opportunity and

21 Basic Skills program under the Social Security Act.

22 ‘‘(2) The Secretary of Education shall, in awarding

23 grants under this section, give special consideration to the

24 estimates submitted in the application submitted under

25 subsection (b) and make such awards in whatever amounts
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•HR 6 RFS

1 he or she determines would best serve the purposes of this

2 section.

3 ‘‘(b) APPLICATION.—Each State educational agency

4 desiring to receive a grant under this section shall submit

5 to the Secretary of Education an application at such time,

6 in such manner, and containing such information as the

7 Secretary may reasonably require. Each such application

8 shall include an estimate of the number of homeless indi9 viduals in the State and the number of such individuals

10 expected to be served.

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—For the

12 purpose of carrying out the adult literacy and academic

13 remediation programs authorized by this section, there are

14 authorized to be appropriated such sums as may be nec15 essary for each of the fiscal years 1995 through 1999.

16 ‘‘(d) DEFINITION.—As used in this section, the term

17 ‘State’ means each of the 50 States, the District of Colum18 bia, the Commonwealth of Puerto Rico, the Virgin Islands,

19 Guam, American Samoa, the Commonwealth of the North20 ern Mariana Islands, and Palau (until the effective date

21 of the Compact of Free Association with the Government

22 of Palau).’’.
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1 SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND

2 YOUTH.

3 Subtitle B of title VII of the Stewart B. McKinney

4 Homeless Assistance Act is amended to read as follows:

5 ‘‘Subtitle B—Education for

6 Homeless Children and Youth

7 ‘‘SEC. 721. STATEMENT OF POLICY.

8 ‘‘It is the policy of the Congress that—

9 ‘‘(1) each State educational agency shall ensure

10 that each child of a homeless individual and each

11 homeless youth has equal access to the same free,

12 appropriate public education, including a public pre13 school education, as provided to other children and

14 youth;

15 ‘‘(2) in any State that has a compulsory resi16 dency requirement as a component of its compulsory

17 school attendance laws or other laws, regulations,

18 practices, or policies that may act as a barrier to the

19 enrollment, attendance, or success in school of home20 less children and youth, the State will review and

21 undertake steps to revise such laws, regulations,

22 practices, or policies to ensure that homeless chil23 dren and youth are afforded the same free, appro24 priate public education as provided to other children

25 and youth;
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1 ‘‘(3) homelessness alone should not be sufficient

2 reason to separate students from the mainstream

3 school environment; and

4 ‘‘(4) homeless children and youth should have

5 access to the education and other services that they

6 need to ensure that they have an opportunity to

7 meet the same challenging State performance stand8 ards to which all students are held.

9 ‘‘SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR

10 THE EDUCATION OF HOMELESS CHILDREN

11 AND YOUTH.

12 ‘‘(a) GENERAL AUTHORITY.—The Secretary is, in ac13 cordance with the provisions of this section, authorized to

14 make grants to States to carry out the activities described

15 in subsections (d), (e), (f), and (g).

16 ‘‘(b) APPLICATION.—No State may receive a grant

17 under this section unless the State educational agency

18 submits an application to the Secretary at such time, in

19 such manner, and containing or accompanied by such in20 formation as the Secretary may reasonably require.

21 ‘‘(c) ALLOCATION AND RESERVATIONS.—(1) Subject

22 to paragraph (2) and section 724(c), from the amounts

23 appropriated for each fiscal year pursuant to section 726,

24 the Secretary is authorized to allot to each State an

25 amount that bears the same ratio to the amount appro-
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1 priated in each such year as the amount allocated under

2 section 1123 of the Elementary and Secondary Education

3 Act of 1965 to the State in that year bears to the total

4 amount allocated to all States, except that no State shall

5 receive less than $100,000.

6 ‘‘(2)(A) The Secretary is authorized to reserve 0.1

7 percent of the amount appropriated for each fiscal year

8 pursuant to section 726 to be allocated by the Secretary

9 among the Virgin Islands, Guam, American Samoa, the

10 Commonwealth of the Northern Mariana Islands, and

11 Palau (until the effective date of the Compact of Free As12 sociation with the Government of Palau), according to

13 their respective need, as determined by the Secretary.

14 ‘‘(B)(i) The Secretary is authorized to transfer one

15 percent of the amount appropriated for each fiscal year

16 under section 726 to the Department of the Interior for

17 programs for Indian students served by schools funded by

18 the Secretary of the Interior, as determined under the In19 dian Self-Determination and Education Assistance Act,

20 that are consistent with the purposes of this Act.

21 ‘‘(ii) The Secretary and the Secretary of the Interior

22 shall enter into an agreement, consistent with the require23 ments of this part, for the distribution and use of these

24 funds under terms that the Secretary determines best

25 meet the purposes of the covered programs. Such agree-
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•HR 6 RFS

1 ment shall set forth the plans of the Secretary of the Inte2 rior for the use of the amounts transferred, including ap3 propriate goals, objectives, and milestones.

4 ‘‘(3) As used in this subsection, the term ‘State’ shall

5 not include the Virgin Islands, Guam, American Samoa,

6 the Commonwealth of the Northern Mariana Islands, or

7 Palau.

8 ‘‘(d) ACTIVITIES.—Grants under this section shall be

9 used—

10 ‘‘(1) to carry out the policies set forth in sec11 tion 721 in the State;

12 ‘‘(2) to provide activities for, and services to,

13 homeless children, including preschool-aged children,

14 and homeless youth that enable such children and

15 youth to enroll in, attend, and succeed in school, or,

16 if appropriate, in preschool programs;

17 ‘‘(3) to establish or designate an Office of Coor18 dinator of Education of Homeless Children and

19 Youth in the State educational agency in accordance

20 with subsection (f);

21 ‘‘(4) to prepare and carry out the State plan

22 described in subsection (g); and

23 ‘‘(5) to develop and implement professional de24 velopment programs for school personnel to heighten

25 their awareness of, and capacity to respond to, spe-
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•HR 6 RFS

1 cific problems in the education of homeless children

2 and youth.

3 ‘‘(e) STATE AND LOCAL GRANTS.—(1)(A) Subject to

4 subparagraph (B), if the amount allotted to the State edu5 cational agency for any fiscal year under this subtitle ex6 ceeds the amount such agency received for fiscal year

7 1990 under this subtitle, such agency shall provide grants

8 to local educational agencies for purposes of section 723.

9 ‘‘(B) The State educational agency may reserve not

10 more than the greater of five percent of the amount it

11 receives under this subtitle for any fiscal year, or the

12 amount such agency received under this subtitle for fiscal

13 year 1990, to conduct activities under subsection (f) di14 rectly or through grants or contracts.

15 ‘‘(2) If the amount allotted to a State educational

16 agency for any fiscal year under this subtitle is less than

17 the amount such agency received for fiscal year 1990

18 under this subtitle, such agency, at its discretion, may pro19 vide such grants or may conduct activities under sub20 section (f) directly or through grants or contracts.

21 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINA22 TOR.—The Coordinator of Education of Homeless Chil23 dren and Youth established in each State shall—

24 ‘‘(1) estimate the number of homeless children

25 and youth in the State and the number of such chil-
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•HR 6 RFS

1 dren and youth served with assistance provided

2 under the grants under this subtitle;

3 ‘‘(2) gather, to the extent possible, reliable,

4 valid, and comprehensive information on the nature

5 and extent of the problems homeless children and

6 youth have in gaining access to public preschool pro7 grams and to public elementary and secondary

8 schools, the difficulties in identifying the special

9 needs of such children and youth, any progress made

10 by the State educational agency and local edu11 cational agencies in the State in addressing such

12 problems and difficulties, and the success of the pro13 gram under this subtitle in allowing homeless chil14 dren and youth to enroll in, attend, and succeed in

15 school;

16 ‘‘(3) develop and carry out the State plan de17 scribed in subsection (g);

18 ‘‘(4) prepare and submit to the Secretary not

19 later than October 1, 1997, and on October 1 of

20 every third year thereafter, a report on the informa21 tion gathered pursuant to paragraphs (1) and (2)

22 and such additional information as the Secretary

23 may require to carry out responsibilities under this

24 subtitle;
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1 ‘‘(5) facilitate coordination between the State

2 educational agency, the State social services agency,

3 and other agencies providing services to homeless

4 children and youth and their families, including chil5 dren who are preschool age; and

6 ‘‘(6) develop relationships and coordinate with

7 other relevant education, child development, or pre8 school programs and providers of services to home9 less children, homeless families, and runaway and

10 homeless youth (including domestic violence agen11 cies, shelter operators, transitional housing facilities,

12 runaway and homeless youth centers, and transi13 tional living programs for homeless youth), to im14 prove the provision of comprehensive services to

15 homeless children and youth and their families.

16 ‘‘(g) STATE PLAN.—(1) Each State shall submit to

17 the Secretary a plan to provide for the education of home18 less children and youth within the State, which plan shall

19 describe how such children and youth are or will be given

20 the opportunity to meet the same challenging State per21 formance standards all students are expected to meet,

22 shall describe the procedures the State educational agency

23 will use to identify such children and youth in the State

24 and to assess their special needs, and shall—
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•HR 6 RFS

1 ‘‘(A) describe procedures for the prompt resolu2 tion of disputes regarding the educational placement

3 of homeless children and youth;

4 ‘‘(B) describe programs for school personnel

5 (including principals, attendance officers, teachers

6 and enrollment personnel), to heighten the aware7 ness of such personnel of the specific needs of run8 away and homeless youth;

9 ‘‘(C) describe procedures that ensure that

10 homeless children and youth who meet the relevant

11 eligibility criteria are able to participate in Federal,

12 State, or local food programs;

13 ‘‘(D) describe procedures that ensure that—

14 ‘‘(i) homeless children have equal access to

15 the same public preschool programs, adminis16 tered by the State agency, as provided to other

17 children; and

18 ‘‘(ii) homeless children and youth who

19 meet the relevant eligibility criteria are able to

20 participate in Federal, State, or local before21 and after-school care programs;

22 ‘‘(E) address problems set forth in the report

23 provided to the Secretary under subsection (f)(4);
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•HR 6 RFS

1 ‘‘(F) address other problems with respect to the

2 education of homeless children and youth, including

3 problems caused by—

4 ‘‘(i) transportation issues; and

5 ‘‘(ii) enrollment delays that are caused

6 by—

7 ‘‘(I) immunization requirements;

8 ‘‘(II) residency requirements;

9 ‘‘(III) lack of birth certificates, school

10 records, or other documentation; or

11 ‘‘(IV) guardianship issues;

12 ‘‘(G) demonstrate that the State and local edu13 cational agencies in the State have developed, and

14 will review and revise, policies to remove barriers to

15 the enrollment and retention of homeless children

16 and youth in schools in the State; and

17 ‘‘(H) contain an assurance that the State edu18 cational agency and local educational agencies in the

19 State will adopt policies and practices to ensure that

20 homeless children and youth are not isolated or stig21 matized.

22 ‘‘(2) Each plan adopted under this subsection shall

23 also show how the State will ensure that local educational

24 agencies in the State will comply with the requirements

25 of paragraphs (3) through (9).
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1 ‘‘(3)(A) The local educational agency that serves each

2 homeless child and youth shall, according to the child’s

3 or youth’s best interest, either—

4 ‘‘(i) continue the child’s or youth’s education in

5 the school of origin—

6 ‘‘(I) for the remainder of the academic

7 year; or

8 ‘‘(II) in any case in which a family be9 comes homeless between academic years, for the

10 following academic year; or

11 ‘‘(ii) enroll the child or youth in any public

12 school that nonhomeless students who live in the at13 tendance area in which the child or youth is actually

14 living are eligible to attend.

15 ‘‘(B) In determining the best interests of the child

16 or youth under subparagraph (A), the local educational

17 agency shall comply with the request made by a parent

18 or guardian regarding school selection unless there is a

19 compelling reason for not complying with this request.

20 ‘‘(C) For purposes of this paragraph, the term ‘school

21 of origin’ means the school that the child or youth at22 tended when permanently housed, or the school in which

23 the child or youth was last enrolled.

24 ‘‘(D) The choice regarding placement shall be made

25 regardless of whether the child or youth lives with the
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•HR 6 RFS

1 homeless parents or has been temporarily placed elsewhere

2 by the parents.

3 ‘‘(4) Each homeless child or youth shall be provided

4 services comparable to services offered to other students

5 in the school selected according to the provisions of para6 graph (3), including—

7 ‘‘(A) transportation services;

8 ‘‘(B) educational services for which the child or

9 youth meets the eligibility criteria, such as services

10 provided under title I of the Elementary and Sec11 ondary Education Act of 1965 or similar State or

12 local programs, educational programs for children

13 with disabilities, and educational programs for stu14 dents with limited-English proficiency;

15 ‘‘(C) programs in vocational education;

16 ‘‘(D) programs for gifted and talented students;

17 and

18 ‘‘(E) school meals programs.

19 ‘‘(5) Any record ordinarily kept by the school, includ20 ing immunization records, academic records, birth certifi21 cates, guardianship records, and evaluations for special

22 services or programs, of each homeless child or youth shall

23 be maintained—
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1 ‘‘(A) so that the records are available, in a

2 timely fashion, when a child or youth enters a new

3 school district; and

4 ‘‘(B) in a manner consistent with section 438 of

5 the General Education Provisions Act.

6 ‘‘(6) Each local educational agency serving homeless

7 children and youth that receives assistance under this sub8 title shall coordinate with local social services agencies and

9 other agencies or programs providing services to such chil10 dren or youth and their families, including services and

11 programs funded under the Runaway and Homeless Youth

12 Act.

13 ‘‘(7)(A) Each local educational agency in a State that

14 receives a grant under this subtitle shall designate a home15 lessness liaison to ensure that—

16 ‘‘(i) homeless children and youth enroll and suc17 ceed in the schools of such agency; and

18 ‘‘(ii) homeless families, children, and youth re19 ceive educational services for which they are eligible,

20 including preschool programs administered by the

21 local educational agency, and referrals to health care

22 services, dental services, mental health services, and

23 other appropriate services.

24 ‘‘(B) State coordinators and local educational agen25 cies shall inform school personnel, service providers, and
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1 advocates working with homeless families of the duties of

2 the liaisons.

3 ‘‘(8) Each State and local educational agency shall

4 review and revise any policies that may act as barriers

5 to the enrollment of homeless children and youth in

6 schools selected in accordance with paragraph (3). In re7 viewing and revising such policies, consideration shall be

8 given to issues concerning transportation, immunization,

9 residency, birth certificates, school records, and other doc10 umentation, and guardianship. Special attention shall be

11 given to ensuring the enrollment and attendance of home12 less children and youth who are not currently attending

13 school.

14 ‘‘(9) A State and local eductional agency shall coordi15 nate with State and local housing agencies responsible for

16 developing the comprehensive housing affordability strat17 egy. Consideration shall be given to State and local hous18 ing and shelter policies described in the Comprehensive

19 Housing Affordability Strategy to minimize educational

20 disruption for children who become homeless.

21 ‘‘SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE

22 EDUCATION OF HOMELESS CHILDREN AND

23 YOUTH.

24 ‘‘(a) GENERAL AUTHORITY.—(1) The State edu25 cational agency shall, in accordance with section 722(e)
823

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1 and with amounts made available to such agency under

2 section 726, make grants to local educational agencies for

3 the purpose of facilitating the enrollment, attendance, and

4 success in school of homeless children and youth.

5 ‘‘(2) Unless otherwise specified, services under para6 graph (1) may be provided through programs on school

7 grounds or at other facilities. Where services are provided

8 through programs to homeless students on school grounds,

9 schools may provide services to other children and youth

10 who are determined by the local educational agency to be

11 at risk of failing in, or dropping out of, schools, on an

12 incidental basis. To the maximum extent practicable, serv13 ices shall be provided through existing programs and

14 mechanisms that integrate homeless individuals with

15 nonhomeless individuals.

16 ‘‘(3) Services provided under this section are not in17 tended to replace the regular academic program and shall

18 be designed to expand upon or improve services provided

19 as part of the school’s regular academic program.

20 ‘‘(b) APPLICATION.—A local educational agency that

21 desires to receive a grant under this section shall submit

22 an application to the State educational agency at such

23 time, in such manner, and containing or accompanied by

24 such information as the State educational agency may rea-
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1 sonably require according to guidelines issued by the Sec2 retary. Each such application shall include—

3 ‘‘(1) a description of the services and programs

4 for which assistance is sought and the problems to

5 be addressed through the provision of such services

6 and programs;

7 ‘‘(2) an assurance that the local educational

8 agency’s combined fiscal effort per student or the

9 aggregate expenditures of that agency and the State

10 with respect to the provision of free public education

11 by such agency for the preceding fiscal year was not

12 less than 90 percent of such combined fiscal effort

13 or aggregate expenditures for the second preceding

14 fiscal year;

15 ‘‘(3) an assurance that the applicant complies

16 with, or will use requested funds to come into com17 pliance with, paragraphs (3) through (9) of section

18 722(g); and

19 ‘‘(4) a description of policies and procedures

20 that the agency will implement to ensure that activi21 ties carried out by the agency will not isolate or stig22 matize homeless children and youth.

23 ‘‘(c) AWARDS.—(1) The State educational agency

24 shall, in accordance with section 722(g) and with amounts

25 made available to such agency under section 726, award
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1 grants under this section to local educational agencies sub2 mitting an application under subsection (b) on the basis

3 of the need of such agencies.

4 ‘‘(2) In determining need under paragraph (1), the

5 State educational agency may consider the number of

6 homeless children and youth enrolled in preschool, elemen7 tary, and secondary schools within the area served by the

8 agency, and shall consider the needs of such children and

9 youth and the ability of the agency to meet such needs.

10 Such agency may also consider—

11 ‘‘(A) the extent to which the proposed use of

12 funds would facilitate the enrollment, retention, and

13 educational success of homeless children and youth;

14 ‘‘(B) the extent to which the application reflects

15 coordination with other local and State agencies that

16 serve homeless children and youth, as well as the

17 State plan required by section 722(g);

18 ‘‘(C) the extent to which the applicant exhibits

19 in the application and in current practice a commit20 ment to education for all homeless children and

21 youth; and

22 ‘‘(D) such other criteria as the agency deter23 mines appropriate.

24 ‘‘(3) Grants awarded under this section shall be for

25 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

7 are linked to the achievement of the same challeng8 ing standards the State establishes for other chil9 dren or youth;

10 ‘‘(B) the provision of expedited evaluations of

11 the strengths and needs of homeless children and

12 youth, including needs and eligibility for programs

13 and services (such as educational programs for gift14 ed and talented students, children with disabilities,

15 and students with limited-English proficiency, serv16 ices provided under title I of the Elementary and

17 Secondary Education Act of 1965 or similar State

18 or local programs, programs in vocational education,

19 and school 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 chil24 dren and youth, the rights of such children and
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1 youth under this Act, and the specific educational

2 needs of runaway and homeless youth;

3 ‘‘(D) the provision of referral services to home4 less children and youth for medical, dental, mental,

5 and other health services;

6 ‘‘(E) the provision of assistance to defray the

7 excess cost of transportation for students pursuant

8 to sections 722(g)(4) or 722(g)(9), not otherwise

9 provided through Federal, State, or local funding,

10 where necessary to enable students to attend the

11 school selected under section 722(g)(3);

12 ‘‘(F) the provision of developmentally appro13 priate early childhood education programs, not oth14 erwise provided through Federal, State, or local

15 funding, 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

24 children and youth in school, including birth certifi25 cates, immunization records, academic records,
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1 guardianship records, and evaluations for special

2 programs or services;

3 ‘‘(I) the provision of education and training to

4 the parents of homeless children and youth about

5 the rights of, and resources available to, such chil6 dren and youth;

7 ‘‘(J) the development of coordination between

8 schools and agencies providing services to homeless

9 children and youth, including programs funded

10 under the Runaway and Homeless Youth Act;

11 ‘‘(K) the provision of counseling (including vio12 lence prevention counseling), social work, and psy13 chological services, and referrals for such services;

14 ‘‘(L) activities to address the particular needs

15 of homeless children and youth that may arise from

16 domestic 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

3 plans submitted by the State educational agencies under

4 section 722(g), the Secretary shall use a peer review proc5 ess and shall evaluate whether State laws, policies, and

6 practices described in such plans adequately address the

7 problems of homeless children and youth relating to access

8 to education and placement as described in such plans.

9 ‘‘(b) TECHNICAL ASSISTANCE.—The Secretary shall

10 provide support and technical assistance to the State edu11 cational agencies to assist such agencies to carry out their

12 responsibilities under this subtitle.

13 ‘‘(c) EVALUATION AND DISSEMINATION.—The Sec14 retary shall conduct evaluation and dissemination activi15 ties of programs designed to meet the educational needs

16 of homeless elementary and secondary school students,

17 and may use funds appropriated under section 726 to con18 duct such activities.

19 ‘‘(d) SUBMISSION AND DISTRIBUTION.—The Sec20 retary shall require applications for grants under this sub21 title to be submitted to the Secretary not later than the

22 expiration of the 60-day period beginning on the date that

23 funds are available for purposes of making such grants

24 and shall make such grants not later than the expiration

25 of the 120-day period beginning on such date.
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1 ‘‘(e) DETERMINATION BY SECRETARY.—The Sec2 retary, based on the information received from the States

3 and information gathered by the Secretary under sub4 section (d), shall determine the extent to which State edu5 cational agencies are ensuring that each homeless child

6 and homeless youth has access to a free appropriate public

7 education as described in section 721(1).

8 ‘‘(f) REPORTS.—The Secretary shall prepare and

9 submit 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 pro12 grams and activities authorized by this subtitle by Decem13 ber 31, 1997, and every third year thereafter.

14 ‘‘SEC. 725. DEFINITIONS.

15 ‘‘For the purpose of this subtitle, unless otherwise

16 stated—

17 ‘‘(1) the term ‘Secretary’ means the Secretary

18 of Education; and

19 ‘‘(2) the term ‘State’ means each of the 50

20 States, the District of Columbia, and the Common21 wealth of 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
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1 year 1995 and such sums as may be necessary for each

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

3 PART C—IMPACT AID STATUTES

4 SEC. 331. AMENDMENTS TO PUBLIC LAW 815.

5 (a) SECTION 1.—Section 1 of the Act of September

6 23, 1950 (Public Law 815, 81st Congress; 20 U.S.C. 631)

7 is amended—

8 (1) by striking the 2nd sentence of subsection

9 (a); and

10 (2) by amending subsection (b) to read as fol11 lows:

12 ‘‘(b) There are authorized to be appropriated to carry

13 out this Act $12,500,000 for fiscal year 1995 and such

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

15 1996, 1997, 1998, and 1999.’’.

16 (b) SECTION 2.—Section 2 of such Act is amended

17 to read as follows:

18 ‘‘SEC. 2. PORTION OF APPROPRIATIONS AVAILABLE FOR

19 PAYMENTS.

20 ‘‘For each fiscal year the Secretary shall distribute

21 the funds appropriated in accordance with section 1 which

22 shall be available for carrying out the provisions of sec23 tions 5, 9, 10, and 14. The funds provided under section

24 1 for the schools serving military dependents and Indian

25 lands shall be divided equally between section 5 and sec-
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•HR 6 RFS

1 tion 14 of this Act. Funds provided under section 5 of

2 this Act shall be divided equally between the priority cat3 egories of section 1(a)(1) and 1(a)(2) of this Act.’’.

4 (c) SECTION 3.—Section 3 of such Act (20 U.S.C.

5 633) is amended to read as follows:

6 ‘‘SEC. 3. ESTABLISHMENT OF PRIORITIES.

7 ‘‘Applications for construction or modification

8 projects provided for under this Act must be filed by June

9 30 of the fiscal year prior to the year in which funds are

10 first requested. The Secretary shall use the following order

11 of priority in approving applications under section 5 and

12 funded in accordance with section 1(a)(1) and section

13 1(a)(2) of this Act. The priority of payment of application

14 under section 1(a)(1) shall be based on the highest per15 centage of number of children in need of minimum school

16 facilities. The priority of payment of applications under

17 section 1(a)(2) shall be based on the highest percentage

18 of federally connected students eligible for payment. The

19 Secretary shall use the priorities stated in this section in

20 approving applications in the event the funds appropriated

21 under section 1 of this title and remaining available on

22 any such date for payment to local educational agencies

23 are less than the Federal share of the cost of the projects

24 with respect to which applications have been filed prior

25 to such date (and for which funds under section 1 have
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1 not already been obligated). Only applications meeting the

2 conditions for approval under this Act (other than section

3 6(b)(2)(C)) shall be considered applications for purposes

4 of the preceding sentence. Such order of priority shall pro5 vide that applications payments based upon increases in

6 the number of children residing on, or residing with a par7 ent employed on property which is party of a low-rent

8 housing project assisted under the United States Housing

9 Act of 1937 shall not be approved for any fiscal year until

10 all other applications under paragraph (2) of subsection

11 (a) of section 5 have been approved for the fiscal year.’’.

12 (d) SECTION 5.—Section 5 of such Act (20 U.S.C.

13 635) is amended to read as follows:

14 ‘‘SEC. 5. LIMITATION ON TOTAL PAYMENTS TO ANY LOCAL

15 EDUCATIONAL AGENCY.

16 ‘‘(a) Subject to the limitations in subsection (c) the

17 total of the payments to a local educational agency under

18 this Act may not exceed the sum of—

19 ‘‘(1) the estimated increase, since the base year,

20 in the number of children determined with respect to

21 such agency who live on Federal property and have

22 a parent who works on Federal property multiplied

23 by 100 percent of the average per pupil cost of con24 structing minimum school facilities in the State in

25 which the school district of such agency is situated;
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1 ‘‘(2) the estimated increase, since the base year,

2 in the number of children determined with respect to

3 such agency who have a parent who lives on or

4 works on Federal property multiplied by 50 percent

5 of such cost; and

6 ‘‘(3) In computing for any local educational

7 agency the number of children in an increase under

8 paragraph (1) or (2), the estimated number of chil9 dren described in such paragraph who will be in the

10 membership of the schools of such agency at the

11 close of the increase period shall be compared with

12 the estimated number of such children in average

13 daily membership of the schools of such agency dur14 ing the base year. However, the base year average

15 daily membership shall be adjusted to exclude the

16 number of children that formed the basis for pre17 vious payments on applications approved 30 or more

18 years prior to the close of the increased period for

19 the current application.

20 ‘‘(b) If two of the paragraphs of subsection (a) apply

21 to a child, the local educational agency shall elect which

22 of such paragraphs shall apply to such child, except that,

23 notwithstanding the election of a local educational agency

24 to have paragraph (2) apply to a child instead of para25 graph (1), the determination of the maximum amount for
835

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1 such agency under subsection (a) shall be made without

2 regard to such election.

3 ‘‘(c) A local educational agency shall not be eligible

4 to have any amount included in its maximum by reason

5 of paragraphs (1), (2), and (3) of subsection (a) unless

6 the increase in children referred to in such paragraph is

7 at least 20, and in the case of paragraphs (1), (2), and

8 (3) of subsection (a), is—

9 ‘‘(1) equal to at least 6 percent of the number

10 of federally connected children who were in the aver11 age daily membership of the schools of such agency

12 during the base year, or

13 ‘‘(2) at least 750,

14 whichever is the lesser.

15 ‘‘(d) Notwithstanding the provisions of subsection (c)

16 of this section, whenever and to the extent that, in his

17 judgment, exceptional circumstances exist which make

18 such action necessary to avoid inequity and avoid defeat19 ing the purposes of the Act, the Secretary may waive or

20 reduce the minimum number requirement or any percent21 age requirement or requirements in subsection (c).

22 ‘‘(e) In determining under this section the total of

23 the payments which may be made to a local educational

24 agency on the basis of any application, the total number
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1 of children counted for purposes of paragraph (1) or (2),

2 as the case may be, of subsection (a) may not exceed—

3 ‘‘(1) the number of children whose membership

4 at the close of the increase period for the application

5 is compared with average daily membership in the

6 base period for purposes of that paragraph, provided

7 that the base year average daily membership does

8 not include any children which formed the basis of

9 payment in the applications approved 30 or more

10 years ago, minus

11 ‘‘(2) the number of such children whose mem12 bership at the close of the increase period was com13 pared with membership in the base year for pur14 poses of such paragraph under the last previous ap15 plication, provided the application was funded within

16 the last 4 years, if any, of the agency on the basis

17 of which any payments have been or may be made

18 to that agency.’’.

19 (e) SECTION 6.—Section 6 of such Act (20 U.S.C.

20 636) is amended by adding at the end the following new

21 subsection:

22 ‘‘(d) If the application has not been funded within

23 the 3-year period, the local educational agency must

24 recertify their need to have the application remain

25 active.’’.
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1 SEC. 332. REPEAL OF PUBLIC LAW 874.

2 The Act of September 30, 1950 (Public Law 874,

3 81st Congress; 20 U.S.C. 236 et seq.) is hereby repealed.

4 PART D—AMENDMENTS TO ADULT

5 EDUCATION ACT

6 SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.

7 (a) Section 342(c)(11) of the Adult Education Act

8 is amended by inserting ‘‘Even Start,’’ after ‘‘1963,’’.

9 (b) Section 384(n) is amended by striking ‘‘and

10 1995’’ and inserting ‘‘1995, and 1996’’.

11 PART E—AMENDMENTS TO EDUCATION

12 COUNCIL ACT OF 1991

13 SEC. 341. FINDINGS.

14 Section 201 of the Education Council Act of 1991

15 (hereafter in this Act referred to as the ‘‘Act’’) is amend16 ed—

17 (1) by amending paragraph (2) to read as fol18 lows:

19 ‘‘(2) the writing problem has been magnified by

20 the rapidly changing student populations in the

21 Nation’s schools and the growing number of stu22 dents who are at risk because of limited-English pro23 ficiency;’’;

24 (2) in paragraph (6)—

25 (A) by inserting ‘‘writing and reading are

26 both fundamental to learning, yet writing has
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1 been historically neglected in the schools and

2 colleges, and’’ before ‘‘most’’; and

3 (B) by striking the comma before ‘‘have’’;

4 (3) by amending paragraph (10) to read as

5 follows:

6 ‘‘(10) the National Writing Project has become

7 a model for programs to improve teaching in such

8 other fields as mathematics, science, history, lit9 erature, performing arts, and foreign languages;’’;

10 (4) by amending paragraph (15) to read as

11 follows:

12 ‘‘(15) each year over 100,000 teachers volun13 tarily seek training in National Writing Project in14 tensive summer institutes and workshops and school15 year in-service programs through one of the 154 re16 gional sites located in 45 States, the Commonwealth

17 of Puerto Rico, and in 4 sites that serve United

18 States teachers teaching in United States dependent

19 and independent schools;’’;

20 (5) by striking paragraph (17);

21 (6) by redesignating paragraph (18) as para22 graph (17);

23 (7) in paragraph (17) (as redesignated in para24 graph (6)), by striking the period at the end thereof

25 and inserting a semicolon; and
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1 (8) by adding at the end the following new

2 paragraphs:

3 ‘‘(18) independent evaluation studies have

4 found the National Writing Project to be highly cost

5 effective compared to other professional development

6 programs for teachers; and

7 ‘‘(19) during 1991, the first year of Federal

8 support for the National Writing Project, the Na9 tional Writing Project matched the $1,951,975 in

10 Federal support with $9,485,504 in matching funds

11 from State, local, and other sources.’’.

12 SEC. 342. NATIONAL WRITING PROJECT.

13 Section 202 of the Act is amended—

14 (1) in subsection (d)—

15 (A) in paragraph (3)—

16 (i) by striking the subparagraph des17 ignation ‘‘(A)’’; and

18 (ii) by striking subparagraph (B); and

19 (B) by striking paragraph (4);

20 (2) in subsection (e)—

21 (A) in the matter preceding subparagraph

22 (A) of paragraph (1), by striking ‘‘to enable’’

23 and inserting ‘‘to pay the Federal share of the

24 cost of enabling’’; and
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1 (B) by adding at the end the following new

2 paragraph:

3 ‘‘(4) FEDERAL SHARE.—For the purpose of

4 this subsection the term ‘Federal share’ means, with

5 respect to the costs of activities assisted under this

6 subsection, 50 percent of such costs to the elemen7 tary or secondary school teacher.’’;

8 (3) by amending subsection (g) to read as

9 follows:

10 ‘‘(g) EVALUATION.—

11 ‘‘(1) IN GENERAL.—The Secretary shall con12 duct an independent evaluation of the teacher train13 ing programs assisted under this section. Such eval14 uation shall specify the amount of funds expended

15 by the National Writing Project and each contractor

16 receiving assistance under this section. The results

17 of such evaluation shall be made available to the ap18 propriate committees of the Congress.

19 ‘‘(2) FUNDING LIMITATION.—The Secretary

20 shall reserve not more than $150,000 from the total

21 amount appropriated pursuant to the authority of

22 subsection (i) for fiscal year 1994 and the 4 suc23 ceeding fiscal years to conduct the evaluation de24 scribed in paragraph (1).’’;
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1 (4) by amending subsection (h) to read as

2 follows:

3 ‘‘(h) RESEARCH AND DEVELOPMENT ACTIVITIES.—

4 ‘‘(1) GRANTS AUTHORIZED.—From amounts

5 appropriated pursuant to the authority of subsection

6 (i)(2), the National Writing Project shall make

7 grants to individuals and institutions of higher edu8 cation that either have participated in a National

9 Writing Project institute or are institutions des10 ignated as National Writing Project sites, to enable

11 such individuals and institutions to conduct research

12 activities involving the teaching of writing.

13 ‘‘(2) APPLICATION REVIEW.—The National

14 Writing Project shall establish and operate a Na15 tional Review Board that shall consist of—

16 ‘‘(A) leaders in the field of research in

17 writing; and

18 ‘‘(B) such other individuals as the Na19 tional Writing Project deems necessary.

20 ‘‘(3) DUTIES.—The National Review Board

21 shall—

22 ‘‘(A) review all applications for assistance

23 under this subsection; and
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1 ‘‘(B) recommended applications for assist2 ance under this subsection for funding by the

3 National Writing Project.

4 ‘‘(4) JUNIOR RESEARCHER PRIORITY AND

5 FUNDING RULE.—(A) In awarding grants pursuant

6 to paragraph (1), the National Writing Project shall

7 give priority to awarding such grants to junior re8 searchers.

9 ‘‘(B) The National Writing Project shall award

10 not less than 25 percent of the funds received pursu11 ant to subsection (i)(2) to junior researchers.

12 ‘‘(5) AVAILABILITY OF FINDINGS.—The Na13 tional Writing Project shall make available to the

14 Secretary and to the network of National Writing

15 Project sites the findings of the research conducted

16 pursuant to the authority of paragraph (1).’’; and

17 (5) in subsection (i)—

18 (A) in paragraph (1)—

19 (i) by striking ‘‘1991’’ and inserting

20 ‘‘1994’’; and

21 (ii) by striking ‘‘fiscal years 1992 and

22 1993’’ and inserting ‘‘each of the 4 suc23 ceeding fiscal years’’; and

24 (B) by amending paragraph (2) to read as

25 follows:
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1 ‘‘(2) RESEARCH AND DEVELOPMENT.—In each

2 fiscal year in which the amount appropriated pursu3 ant to the authority of paragraph (1) equals or ex4 ceeds $10,000,000, there are authorized to be appro5 priated $500,000 to carry out the provisions of sub6 section (h).’’.

7 PART F—AMENDMENTS TO STATUTES

8 PERTAINING TO INDIAN EDUCATION

9 SEC. 351. BUREAU OF INDIAN AFFAIRS.

10 Part B of title XI of Public Law 95–561 (25 U.S.C.

11 2001 et seq.) is amended to read as follows:

12 ‘‘PART B—BUREAU OF INDIAN AFFAIRS

13 PROGRAMS

14 ‘‘SEC. 1121. STANDARDS FOR THE BASIC EDUCATION OF IN15 DIAN CHILDREN IN BUREAU OF INDIAN AF16 FAIRS SCHOOLS.

17 ‘‘(a) The purpose of the standards developed under

18 this section shall be to afford Indian students being served

19 by a Bureau funded school with the same opportunities

20 as all other students to achieve the high goals embodied

21 in the Goals 2000: Educate America Act. Consistent with

22 the provisions of this section and section 1131 of this part,

23 the Secretary shall take such actions as are necessary to

24 coordinate standards developed and implemented under

25 this section with those in the State plans developed and
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1 implemented pursuant to the Goals 2000: Educate Amer2 ica Act for the States in which each Bureau funded school

3 operates. In developing and reviewing these standards and

4 such coordination, the Secretary shall utilize the findings

5 and recommendations of the panel established by the

6 Goals 2000: Educate America Act.

7 ‘‘(b) The Secretary, in consultation with the Sec8 retary of Education, and in consultation with Indian orga9 nizations and tribes, shall carry out or cause to be carried

10 out by contract with an Indian organization such studies

11 and surveys, making the fullest use possible of other exist12 ing studies, surveys, and plans, as are necessary to estab13 lish and revise standards for the basic education of Indian

14 children attending Bureau funded schools. Such studies

15 and surveys shall take into account factors such as aca16 demic needs, local cultural differences, type and level of

17 language skills, geographic isolation, and appropriate

18 teacher-student ratios for such children, and shall be di19 rected toward the attainment of equal eductional oppor20 tunity for such children.

21 ‘‘(c)(1) Within 18 months of the date of enactment

22 of this Act, the Secretary shall revise the minimum aca23 demic standards published in the Federal Register of No24 vember 1983 for the basic education of Indian children

25 which are consistent with subsections (a) and (b) of this
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1 section and section 1131, and shall distribute such revised

2 standards in the Federal Register for the purpose of re3 ceiving comments from the tribes and other interested par4 ties. Within 21 months of the date of enactment of the

5 Elementary and Secondary Education Act Amendments of

6 1993, the Secretary shall establish final standards, distrib7 ute such standards to all the tribes and publish such

8 standards in the Federal Register. The Secretary shall re9 vise such standards periodically as necessary. Prior to any

10 revision of such standards, the Secretary shall distribute

11 such proposed revision to all the tribes, and publish such

12 proposed revision in the Federal Register, for the purpose

13 of receiving comments from the tribes and other interested

14 parties.

15 ‘‘(2) Such standards shall apply to Bureau schools,

16 and subject to subsection (f), to contract and grant

17 schools, and may also serve as a model for educational

18 programs for Indian children in public schools. In estab19 lishing and revising such standards, the Secretary shall

20 take into account the special needs of Indian students and

21 the support and reinforcement of the specific cultural her22 itage of each tribe. Such standards shall include a require23 ment, developed in coordination with Indian tribes, the af24 fected local school boards, the Indian Health Service of

25 the Department of Health and Human Services, the State
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1 health departments, and the Centers for Disease Control

2 and Prevention, on immunization for childhood diseases,

3 including provisions for in-school immunization, where

4 necessary.

5 ‘‘(d) The Secretary shall provide alternative or modi6 fied standards in lieu of the standards established under

7 subsection (c), where necessary, so that the programs of

8 each school shall be in compliance with the minimum

9 standards required for accreditation of schools in the State

10 where the school is located.

11 ‘‘(e) A tribal governing body, or the local school board

12 so designated by the tribal governing body, shall have the

13 local authority to waive, in part or in whole, the standards

14 established under subsections (c) and (d), where such

15 standards are deemed by such body to be inappropriate

16 or ill-conceived. The tribal governing body or designated

17 school board shall, within 60 days thereafter, submit to

18 the Secretary a proposal for alternative standards that

19 takes into account the specific needs of the tribe’s chil20 dren. Such revised standards shall be established by the

21 Secretary unless specifically rejected by the Secretary for

22 good cause and in writing to the affected tribes or local

23 school board, which rejection shall be final and

24 unreviewable.
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1 ‘‘(f)(1) The Secretary, through contracting and

2 grant-making procedures, shall assist school boards of

3 contract and grant schools in the implementation of the

4 standards established under subsection (c) and (d), if the

5 school boards request that such standards, in part or in

6 whole, be implemented. At the request of a contract or

7 grant school board, the Secretary shall provide alternative

8 or modified standards for the standards established under

9 subsections (c) and (d) to take into account the needs of

10 the Indian children and the contract or grant school.

11 ‘‘(2) Within 1 year of the date of the enactment of

12 the Indian Education Technical Amendments Act of 1985,

13 the Bureau shall, either directly or through contract with

14 an Indian organization, establish a consistent system of

15 reporting standards for fiscal control and fund accounting

16 for all contract schools. Such standards shall yield data

17 results comparable to those used by Bureau schools.

18 ‘‘(g) Subject to subsections (e) and (f), the Secretary

19 shall begin to implement the standards established under

20 this section immediately upon the date of their establish21 ment. No later than January 1, 1995, and at each time

22 thereafter that the annual budget request for Bureau edu23 cational services is presented, the Secretary shall submit

24 to the appropriate committees of Congress a detailed plan

25 to bring all Bureau and contract and grant schools up to
848

•HR 6 RFS

1 the level required by the applicable standards established

2 under this section. Such plan shall include, but not be lim3 ited to, detailed information on the status of each school’s

4 educational program in relation to the applicable stand5 ards established under this section, specific cost estimates

6 for meeting such standards at each school, and specific

7 time lines for bringing each school up to the level required

8 by such standards.

9 ‘‘(h)(1) Except as specifically required by statute, no

10 school or peripheral dormitory operated by the Bureau of

11 Indian Affairs on or after January 1, 1992, may be closed

12 or consolidated or have its program substantially curtailed

13 unless done according to the requirements of this sub14 section, except that, in those cases where the tribal govern15 ing body, or the local school board concerned (if so des16 ignated by the tribal governing body), requests closure or

17 consolidation, the requirements of this subsection shall not

18 apply. The requirements of this subsection shall not apply

19 when a temporary closure, consolidation, or substantial

20 curtailment is required by plant conditions which con21 stitute an immediate hazard to health and safety.

22 ‘‘(2) The Secretary shall, by regulation, promulgate

23 standards and procedures for the closing, consolidation,

24 or substantial curtailment of Bureau schools in accordance

25 with the requirements of this subsection.
849

•HR 6 RFS

1 ‘‘(3) Whenever closure, transfer to any other author2 ity, consolidation, or substantial curtailment of a school

3 is under active consideration or review by any division of

4 the Bureau or the Department of the Interior, the affected

5 tribe, tribal governing body, and designated local school

6 board, will be notified as soon as such consideration or

7 review begins, kept fully and currently informed, and af8 forded an opportunity to comment with respect to such

9 consideration or review. When a formal decision is made

10 to close, transfer to any other authority, consolidate, or

11 substantially curtail a school, the affected tribe, tribal gov12 erning body, and designated local school board shall be

13 notified at least 6 months prior to the end of the school

14 year preceding the proposed effective date. Copies of any

15 such notices and information shall be transmitted prompt16 ly to the Congress and published in the Federal Register.

17 ‘‘(4) The Secretary shall make a report to Congress,

18 the affected tribe, and the designated local school board

19 describing the process of the active consideration or review

20 referred to in paragraph (3). At a minimum, the report

21 shall include a study of the impact of such action on the

22 student population, with every effort to identify those stu23 dents with particular educational and social needs, and to

24 ensure that alternative services are available to such stu25 dents. Such report shall include the description of the con-
850

•HR 6 RFS

1 sultation conducted between the potential service provider,

2 current service provider, parents, tribal representative and

3 the tribe or tribes involved, and the Director of the Office

4 of Indian Education Programs within the Bureau regard5 ing such students. No irreversible action may be taken in

6 furtherance of any such proposed school closure, transfer

7 to any other authority, consolidation, or substantial cur8 tailment (including any action which would prejudice the

9 personnel or programs of such school) until the end of the

10 first full academic year after such report is made.

11 ‘‘(5) The Secretary may terminate, contract, transfer

12 to any other authority, or consolidate or substantially cur13 tail the operation or facilities of—

14 ‘‘(A) any Bureau funded school that is operated

15 on or after April 1, 1987,

16 ‘‘(B) any program of such a school that is oper17 ated on or after April 1, 1987, or

18 ‘‘(C) any school board of a school operated

19 under a grant under the Tribally Controlled Schools

20 Act of 1988 (Public Law 100–297),

21 only if the tribal governing body approves such action.

22 ‘‘(i) There are hereby authorized to be appropriated

23 such sums as may be necessary, for academic program

24 costs, in order to bring all Bureau and contract schools
851

•HR 6 RFS

1 up to the level required by the applicable standards estab2 lished under this section.

3 ‘‘(j)(1) All schools funded by the Bureau of Indian

4 Affairs shall include within their curriculum a program of

5 instruction relating to alcohol and substance abuse preven6 tion and treatment. The Assistant Secretary shall provide

7 the technical assistance necessary to develop and imple8 ment such a program for students in kindergarten and

9 grades 1 through 12, at the request of—

10 ‘‘(A) any Bureau of Indian Affairs school (sub11 ject to the approval of the school board of such

12 school);

13 ‘‘(B) any school board of a school operating

14 under a contract entered into under the Indian Self15 Determination and Education Assistance Act (25

16 U.S.C. 450 et seq.); or

17 ‘‘(C) any school board of a school operating

18 under a grant under the Tribally Controlled Schools

19 Act of 1988 (Public Law 100–297).

20 ‘‘(2) In schools operated directly by the Bureau of

21 Indian Affairs, the Secretary shall provide for—

22 ‘‘(A) accurate reporting of all incidents relating

23 to alcohol and substance abuse; and

24 ‘‘(B) individual student crisis intervention.
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•HR 6 RFS

1 ‘‘(3) The programs requested under paragraph (1)

2 shall be developed in consultation with the Indian tribe

3 that is to be served by such program and health personnel

4 in the local community of such tribe.

5 ‘‘(4) Schools requesting program assistance under

6 this subsection are encouraged to involve family units and,

7 where appropriate, tribal elders and Native healers in such

8 instructions.

9 ‘‘(k) For purposes of this section, the term ‘tribal

10 governing body’ means, with respect to any school, the

11 tribal governing body, or tribal governing bodies, that rep12 resent at least 90 percent of the students served by such

13 school.

14 ‘‘(l)(1)(A) The Secretary shall only consider the fac15 tors described in subparagraphs (B) and (C) in review16 ing—

17 ‘‘(i) applications from any tribe for the award18 ing of a contract or grant for a school that is not

19 a Bureau funded school, and

20 ‘‘(ii) applications from any tribe or school board

21 of any Bureau funded school for—

22 ‘‘(I) a school which is not a Bureau funded

23 school; or

24 ‘‘(II) the expansion of a Bureau funded

25 school which would increase the amount of
853

•HR 6 RFS

1 funds received by the Indian tribe or school

2 board under section 1127.

3 The Secretary shall give consideration to all of such fac4 tors, but none of such applications may be denied based

5 primarily upon the geographic proximity of public edu6 cation.

7 ‘‘(B) The Secretary shall consider the following fac8 tors relating to the program that is the subject of an appli9 cation described in subparagraph (A):

10 ‘‘(i) The adequacy of facilities or the potential

11 to obtain or provide adequate facilities.

12 ‘‘(ii) Geographic and demographic factors in the

13 affected areas.

14 ‘‘(iii) Adequacy of the applicant’s program

15 plans or, in the case of a Bureau funded school, of

16 projected needs analysis done either by a tribe or by

17 Bureau personnel.

18 ‘‘(iv) Geographic proximity of comparable public

19 education.

20 ‘‘(v) The stated needs of all affected parties, in21 cluding (but not limited to) students, families, tribal

22 governments at both the central and local levels, and

23 school organizations.

24 ‘‘(C) The Secretary shall consider with respect to ap25 plications described in subparagraph (A) the following fac-
854

•HR 6 RFS

1 tors relating to all the educational services available at the

2 time the application is considered:

3 ‘‘(i) Geographic and demographic factors in the

4 affected areas.

5 ‘‘(ii) Adequacy and comparability of programs

6 already available.

7 ‘‘(iii) Consistency of available programs with

8 tribal educational codes or tribal legislation on edu9 cation.

10 ‘‘(iv) The history and success of these services

11 for the proposed population to be served, as deter12 mined from all factors and not just standardized ex13 amination performance.

14 ‘‘(2)(A) The Secretary shall make a determination of

15 whether to approve any application described in paragraph

16 (1)(A) by no later than the date that is 180 days after

17 the day on which such application is submitted to the

18 Secretary.

19 ‘‘(B) If the Secretary fails to make the determination

20 described in subparagraph (A) with respect to an applica21 tion by the date described in subparagraph (A), the appli22 cation shall be treated as having been approved by the

23 Secretary.

24 ‘‘(3)(A) Any application described in paragraph

25 (1)(A) may be submitted to the Secretary only if—
855

•HR 6 RFS

1 ‘‘(i) the application has been approved by the

2 tribal governing body of the students served by (or

3 to be served by) the school or program that is the

4 subject of the application, and

5 ‘‘(ii) written evidence of such approval is sub6 mitted with the application.

7 ‘‘(B) Each application described in paragraph

8 (1)(A)—

9 ‘‘(i) shall provide information concerning each

10 of the factors described in paragraph (1)(B), and

11 ‘‘(ii) may provide information concerning the

12 factors described in paragraph (1)(C).

13 ‘‘(4) Whenever the Secretary makes a determination

14 to deny approval of any application described in paragraph

15 (1)(A), the Secretary shall—

16 ‘‘(A) state the objections in writing to the appli17 cant by no later than the date that is 180 days after

18 the day on which the application is submitted to the

19 Secretary,

20 ‘‘(B) provide assistance to the applicant to over21 come stated objections, and

22 ‘‘(C) provide the applicant a hearing, under the

23 same rules and regulations pertaining to the Indian

24 Self-Determination and Education Assistance Act,
856

•HR 6 RFS

1 and an opportunity to appeal the objections raised

2 by the Secretary.

3 ‘‘(5)(A) Except as otherwise provided in this para4 graph, the action which is the subject of any application

5 described in paragraph (1)(A) that is approved by the Sec6 retary shall become effective with the commencement of

7 the academic year succeeding the fiscal year in which the

8 application is approved, or at an earlier date determined

9 by the Secretary.

10 ‘‘(B) If an application is treated as having been ap11 proved by the Secretary by reason of paragraph (2)(B),

12 the action that is the subject of the application shall be13 come effective on the date that is 18 months after the

14 date on which the application is submitted to the Sec15 retary, or at an earlier date determined by the Secretary.

16 ‘‘SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUA17 TIONS.

18 ‘‘(a) The Secretary, in consultation with the Sec19 retary of the Department of Education, and in consulta20 tion with Indian organizations and tribes, shall conduct

21 or cause to be conducted by contract with an Indian orga22 nization, a study of the costs applicable to boarding ar23 rangements for Indian students provided in Bureau and

24 contract and grant schools, for the purpose of establishing

25 national criteria for such dormitory situations. Such cri-
857

•HR 6 RFS

1 teria shall include adult-child ratios, needs for counselors

2 (including special needs related to off-reservation boarding

3 arrangements), space, and privacy.

4 ‘‘(b) No later than January 1, 1996, the Secretary

5 shall propose such criteria, and shall distribute such pro6 posed criteria to the tribes and publish such proposed cri7 teria in the Federal Register for the purpose of receiving

8 comments from the tribes and other interested parties.

9 Within eighteen months of the date of the enactment of

10 this Act, the Secretary shall establish final criteria, dis11 tribute such criteria to all the tribes, and publish such cri12 teria in the Federal Register. The Secretary shall revise

13 such criteria periodically as necessary. Any revisions to the

14 standards established under this section shall be developed

15 subject to requirements established under section 1131.

16 ‘‘(c) The Secretary shall begin to implement the cri17 teria established under this section immediately upon the

18 date of their establishment. No later than January 1,

19 1981, and at each time thereafter that the annual budget

20 request for Bureau educational services is presented, the

21 Secretary shall submit to the appropriate committees of

22 Congress a detailed plan to bring all Bureau and contract

23 boarding schools up to the criteria established under this

24 section. Such plan shall include, but not be limited to, pre25 dictions for the relative need for each boarding school in
858

•HR 6 RFS

1 the future, detailed information on the status of each

2 school in relation to the criteria established under this sec3 tion, specific cost estimates for meeting such criteria at

4 each school, and specific time lines for bringing each

5 school up to the level required by such criteria.

6 ‘‘(d)(1) The criteria established under this section

7 may be waived in the same manner as the standards pro8 vided under section 1121(c) may be waived under section

9 1121(e).

10 ‘‘(2) No school in operation on or before January 1,

11 1987 (regardless of compliance or noncompliance with the

12 criteria established under this section) may be closed,

13 transferred to another authority, consolidated or have its

14 program substantially curtailed for failure to meet the

15 criteria.

16 ‘‘(3) By no later than May 1, 1996, the Secretary

17 shall submit to the Congress a report detailing the costs

18 associated with, and the actions necessary for, complete

19 compliance with the criteria established under this section.

20 ‘‘(e) There are hereby authorized to be appropriated

21 such sums as may be necessary in order to bring each

22 school up to the level required by the criteria established

23 under this section.
859

•HR 6 RFS

1 ‘‘SEC. 1123. REGULATIONS.

2 ‘‘(a) The provisions of part 32 of title 25 of the Code

3 of Federal Regulations, as in effect on January 1, 1987,

4 are hereby incorporated into this Act and shall be treated

5 as though such provisions are set forth in this subsection.

6 Accordingly, such provisions may be altered only by means

7 of an amendment to this subsection that is contained in

8 an Act or joint resolution which is enacted into law. To

9 the extent that such provisions of part 32 do not conform

10 with this Act or any statutory provision of law enacted

11 before the date of enactment of this Act, the provisions

12 of this Act and the provisions of such other statutory law

13 shall govern.

14 ‘‘(b) The provisions of parts 31, 33, 36, 39, 42, and

15 43 of title 25 of the Code of Federal Regulations, as in

16 effect on January 1, 1987, shall be applied by the Federal

17 Government and shall not, before July 1, 1989, be amend18 ed, revoked, or altered in any manner. No officer or em19 ployee of the Executive Branch shall have the authority

20 to issue any other regulations, prior to July 1, 1989, that

21 supersede, supplement, or otherwise affect the provisions

22 of such parts. To the extent that the provisions of such

23 parts do not conform with this Act or any statutory provi24 sion of law enacted before the date of enactment of this

25 Act, the provisions of this Act and the provisions of such

26 other statutory law shall govern.
860

•HR 6 RFS

1 ‘‘(c) After June 30, 1989, no regulation prescribed

2 for the application of any program provided under this

3 title shall become effective unless—

4 ‘‘(1) the regulation has been published as a pro5 posed regulation in the Federal Register,

6 ‘‘(2) an opportunity of no less than 90 days has

7 been afforded the public to comment on the pub8 lished proposed regulation, and

9 ‘‘(3) the regulation has, after such period for

10 public comment, been published in the Federal Reg11 ister as a final regulation.

12 ‘‘(d) For purposes of this section, the term ‘regula13 tion’ means any rules, regulations, guidelines, interpreta14 tions, orders, or requirements of general applicability pre15 scribed by any officer or employee of the Executive

16 Branch.

17 ‘‘SEC. 1124. SCHOOL BOUNDARIES.

18 ‘‘(a) The Secretary shall, in accordance with this sec19 tion, establish separate geographical attendance areas for

20 each Bureau school.

21 ‘‘(b)(1) Except as provided in paragraph (2), on or

22 after July 1, 1985, no attendance area shall be changed

23 or established with respect to any such school unless the

24 tribal governing body or the local school board concerned

25 (if so designated by the tribal governing body) has been
861

•HR 6 RFS

1 (i) afforded at least six months notice of the intention of

2 the Bureau to change or establish such attendance area,

3 and (ii) given the opportunity to propose alternative

4 boundaries. Any tribe may petition the Secretary for revi5 sion of existing attendance area boundaries. The Secretary

6 shall accept such proposed alternative or revised bound7 aries unless the Secretary finds, after consultation with

8 the affected tribe or tribes, that such revised boundaries

9 do not reflect the needs of the Indian students to be served

10 or do not provide adequate stability to all of the affected

11 programs.

12 ‘‘(2) In any case where there is more than 1 Bureau

13 funded school located on an Indian reservation, at the di14 rection of the tribal governing body, the relevant school

15 boards of the Bureau funded schools on the reservation

16 may, by mutual consent, establish the relevant attendance

17 areas for such schools, subject to the approval of the tribal

18 governing body. Any such boundaries so established shall

19 be accepted by the Secretary.

20 ‘‘(c) In any case where there is only 1 Bureau oper21 ated program located on an Indian reservation, the attend22 ance area for the program shall be the boundaries of the

23 reservation served, and those students residing near the

24 reservation shall also receive services from such program.
862

•HR 6 RFS

1 ‘‘(d) The Bureau of Indian Affairs shall include in

2 the final rules the requirement that each appropriate edu3 cation line officer coordinate and consult with the affected

4 tribes and relevant school boards in the establishment of

5 such geographic boundaries.

6 ‘‘SEC. 1125. FACILITIES CONSTRUCTION.

7 ‘‘(a) The Secretary shall immediately begin to bring

8 all schools, dormitories, and other facilities operated by

9 the Bureau or under contract or grant with the Bureau

10 in connection with the education of Indian children into

11 compliance with all applicable Federal, tribal, or State

12 health and safety standards, whichever provide greater

13 protection (except that the tribal standards to be applied

14 shall be no greater than any otherwise applicable Federal

15 or State standards), and with section 504 of the Rehabili16 tation Act of 1973 (29 U.S.C. 794) and with the Ameri17 cans with Disabilities Act of 1990, except that nothing in

18 this section shall require termination of the operations of

19 any facility which does not comply with such provisions

20 and which is in use on the date of enactment of this Act.

21 ‘‘(b) By January 1, 1996, and at each time thereafter

22 that the annual budget request for Bureau educational

23 services is presented, the Secretary shall submit to the ap24 propriate committees of Congress a detailed plan to bring

25 such facilities into compliance with such standards. Such
863

•HR 6 RFS

1 plan shall include, but not be limited to, detailed informa2 tion on the status of each facility’s compliance with such

3 standards, specific cost estimates for meeting such stand4 ards at each school, and specific time lines for bringing

5 each school into compliance with such standards.

6 ‘‘(c) Within six months of the date of enactment of

7 this Act, the Secretary shall submit to the appropriate

8 committees of Congress, and publish in the Federal Reg9 ister, the system used to establish priorities for school con10 struction projects. At the time any budget request for

11 school construction is presented, the Secretary shall pub12 lish in the Federal Register and submit with the budget

13 request the current list of all school construction priorities.

14 ‘‘(d)(1) A Bureau school may be closed or consoli15 dated, and the programs of a Bureau school may be sub16 stantially curtailed, by reason of plant conditions that con17 stitute an immediate hazard to health and safety only if

18 a health and safety officer of the Bureau determines that

19 such conditions exist at the Bureau school.

20 ‘‘(2)(A) In making determinations described in para21 graph (1) before July 1, 1989, health and safety officers

22 of the Bureau shall use the health and safety guidelines

23 of the Bureau that were in effect on January 1, 1988.

24 ‘‘(B)(i) If—
864

•HR 6 RFS

1 ‘‘(I) the Secretary fails to publish in the Fed2 eral Register in final form before July 1, 1989, and

3 ‘‘(II) action described in paragraph (1) is taken

4 after June 30, 1989, and before the date on which

5 such regulations are published in final form in the

6 Federal Register by reason of the condition of any

7 plant,

8 an inspection of the condition of such plant shall be con9 ducted by an appropriate tribal, county, municipal, or

10 State health and safety officer to determine whether condi11 tions at such plant constitute an immediate hazard to

12 health and safety. Such inspection shall be completed by

13 no later than the date that is 30 days after the date on

14 which the action described in paragraph (1) is taken.

15 ‘‘(ii) The inspection required under clause (i) shall

16 be conducted by a health and safety officer designated

17 jointly by the Secretary and the tribes affected by the ac18 tion described in paragraph (1). If the Secretary and such

19 tribes are unable to agree on the designation of the health

20 and safety officer, the Secretary shall designate the health

21 and safety officer and shall provide notice of such designa22 tion to each of such tribes before the inspection is con23 ducted by such officer.

24 ‘‘(iii) If the health and safety officer conducting an

25 inspection of a plant required under clause (i) determines
865

•HR 6 RFS

1 that conditions at the plant do not constitute an imme2 diate hazard to health and safety, any consolidation or

3 curtailment that was made by reason of conditions at the

4 plant shall immediately cease and any school closed by rea5 son of conditions at the plant shall be reopened imme6 diately.

7 ‘‘(3) If—

8 ‘‘(A) a Bureau school is temporarily closed or

9 consolidated, or the programs of a Bureau school

10 are substantially curtailed, by reason of plant condi11 tions that constitute an immediate hazard to health

12 and safety, and

13 ‘‘(B) the Secretary estimates that the closure,

14 consolidation, or curtailment will be more than 1

15 year in duration,

16 the Secretary shall submit to the Congress, by no later

17 than the date that is 6 months after the date on which

18 the closure, consolidation, or curtailment is initiated, a re19 port which sets forth the reasons for such temporary ac20 tions and the actions the Secretary is taking to eliminate

21 the conditions that constitute the hazard.

22 ‘‘(e) There are hereby authorized to be appropriated

23 such sums as may be necessary to carry out subsection

24 (a).
866

•HR 6 RFS

1 ‘‘SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNC2 TIONS.

3 ‘‘(a) The Secretary shall vest in the Assistant Sec4 retary for Indian Affairs all functions with respect to for5 mulation and establishment of policy and procedure, and

6 supervision of programs and expenditures of Federal

7 funds for the purpose of Indian education administered

8 by the Bureau. The Assistant Secretary shall carry out

9 such functions through the Director of the Office of Indian

10 Education.

11 ‘‘(b) The Director of the Office shall direct and su12 pervise the operations of all personnel directly and sub13 stantially involved with provision of education services by

14 the Bureau, including (but not limited to) school or insti15 tution custodial or maintenance personnel. The Assistant

16 Secretary for Indian Affairs shall provide for the adequate

17 coordination between the affected Bureau Offices and the

18 Office to facilitate the consideration of all contract func19 tions relating to education. Except as required by section

20 1129(d), nothing in this Act shall be construed to require

21 the provision of separate support services for Indian

22 education.

23 ‘‘(c) Education personnel who are under the direction

24 and supervision of the Director of the Office in accordance

25 with the first sentence of subsection (b) shall—
867

•HR 6 RFS

1 ‘‘(1) monitor and evaluate Bureau education

2 programs,

3 ‘‘(2) provide all services and support functions

4 for education programs with respect to personnel

5 matters involving staffing actions and functions, and

6 ‘‘(3) provide technical and coordinating assist7 ance in areas such as procurement, contracting,

8 budgeting, personnel, and curriculum.

9 ‘‘(d)(1) The Assistant Secretary shall submit in the

10 annual Budget a plan—

11 ‘‘(A) for school facilities to be constructed

12 under the system required by section 1125(c);

13 ‘‘(B) for establishing priorities among projects

14 and for the improvement and repair of education fa15 cilities, which together shall form the basis for the

16 distribution of appropriated funds; and

17 ‘‘(C) including a 5-year plan for capital im18 provements.

19 ‘‘(2) The Assistant Secretary shall establish a pro20 gram, including the distribution of appropriated funds, for

21 the operation and maintenance of education facilities.

22 Such program shall include, but not be limited to—

23 ‘‘(A) a method of computing the amount nec24 essary for each education facility;
868

•HR 6 RFS

1 ‘‘(B) similar treatment of all Bureau funded

2 schools;

3 ‘‘(C) a notice of an allocation of appropriated

4 funds from the Director of the Office directly to the

5 appropriate education line officers; and

6 ‘‘(D) a system for the conduct of routine pre7 ventive maintenance.

8 The appropriate education line officers shall make ar9 rangements for the maintenance of education facilities

10 with the local supervisors of the Bureau maintenance per11 sonnel who are under the authority of the agency super12 intendent or area directors, respectively. The local super13 visors of Bureau maintenance personnel shall take appro14 priate action to implement the decisions made in this re15 gard by the appropriate education line officers, except that

16 no funds from this program may be authorized for expend17 iture unless such appropriate education line officer is as18 sured that the necessary maintenance has been, or will be,

19 provided in a reasonable manner. Subject to the require20 ments of subsection (b) of this section, nothing in this Act

21 shall be construed to require the provision of separate op22 erations and maintenance personnel for the Office.

23 ‘‘(3) The requirements of this subsection shall be im24 plemented no later than July 1, 1995.
869

•HR 6 RFS

1 ‘‘(e) Any other provision of law notwithstanding, the

2 Director shall promulgate guidelines for the establishment

3 of mechanisms for the acceptance of gifts and bequests

4 for the use of, and benefit of, particular schools or des5 ignated Bureau operated education programs, including,

6 where appropriate, the establishment and administration

7 of trust funds. When a Bureau operated program is the

8 beneficiary of such a gift or bequest, the Director shall

9 make provisions for monitoring its use, and shall report

10 to the appropriate committees of Congress the amount

11 and terms of such gift and bequest, the use to which it

12 is put, and any positive results achieved by such action.

13 ‘‘(f) For the purpose of this section the term ‘func14 tions’ includes powers and duties.

15 ‘‘SEC. 1127. ALLOTMENT FORMULA.

16 ‘‘(a) The Secretary shall establish, by regulation

17 adopted in accordance with section 1139, a formula for

18 determining the minimum annual amount of funds nec19 essary to sustain each Bureau funded school. In establish20 ing such formula, the Secretary shall consider—

21 ‘‘(1) the number of eligible Indian students

22 served and size of the school;

23 ‘‘(2) special cost factors, such as—

24 ‘‘(A) isolation of the school;
870

•HR 6 RFS

1 ‘‘(B) need for special staffing, transpor2 tation, or educational programs;

3 ‘‘(C) food and housing costs;

4 ‘‘(D) maintenance and repair costs associ5 ated with the physical condition of the edu6 cational facilities;

7 ‘‘(E) special transportation and other costs

8 of isolated and small schools;

9 ‘‘(F) the costs of boarding arrangements,

10 where determined necessary by a tribal govern11 ing body or designated local school board;

12 ‘‘(G) costs associated with greater lengths

13 of service by educational personnel; and

14 ‘‘(H) special programs for gifted and tal15 ented students;

16 ‘‘(3) the cost of providing academic services

17 which are at least equivalent to those provided by

18 public schools in the State in which the school is lo19 cated; and

20 ‘‘(4) such other relevant factors as the Sec21 retary determines are appropriate.

22 Upon the establishment of the standards required by sec23 tions 1121 and 1122 of this Act, the Secretary shall revise

24 the formula established under this subsection to reflect the

25 cost and funding standards so established. Prior to Janu-
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•HR 6 RFS

1 ary 1, 1995, the Secretary shall review the formula estab2 lished under this section and shall take such steps as may

3 be necessary to increase the availability of counseling serv4 ices for students in off-reservation boarding schools and

5 other Bureau operated residential facilities. Concurrent

6 with such action, the Secretary shall review the standards

7 established under section 1121 of this title to be certain

8 that adequate provision is made for parental notification

9 regarding, and consent for, such counseling services.

10 ‘‘(b) Notwithstanding any other provisions of law,

11 Federal funds appropriated for the general local operation

12 of Bureau funded schools, shall be allotted pro rata in ac13 cordance with the formula established under subsection

14 (a).

15 ‘‘(c)(1) For fiscal year 1990, and for each subsequent

16 fiscal year, the Secretary shall adjust the formula estab17 lished under subsection (a) to—

18 ‘‘(A) use a weighted unit of 1.2 for each eligible

19 Indian student enrolled in the seventh and eighth

20 grades of the school in considering the number of el21 igible Indian students served by the school;

22 ‘‘(B) consider a school with an enrollment of

23 less than 50 eligible Indian students as having an

24 average daily attendance of 50 eligible Indian stu-
872

•HR 6 RFS

1 dents for purposes of implementing the adjustment

2 factor for small schools; and

3 ‘‘(C) take into account the provision of residen4 tial services on a less than 9-month basis at a school

5 when the school board and supervisor of the school

6 determine that a less than 9-month basis will be im7 plemented for the school year involved.

8 ‘‘(2)(A) The Secretary shall reserve for national

9 school board training 0.2 percent of the funds appro10 priated for each fiscal year for distribution under this sec11 tion. Such training shall be conducted through the same

12 organizations through which, and in the same manner in

13 which, the training was conducted in fiscal year 1992. If

14 the contract for such training is not awarded before May

15 1 of each fiscal year, the contract under which such train16 ing was provided for the fiscal year preceding such fiscal

17 year shall be renewed by the Secretary for such fiscal year.

18 The agenda for the training sessions shall be established

19 by the school boards through their regional or national

20 organizations.

21 ‘‘(B) For each year in which the Secretary uses a

22 weighted unit formula established under subsection (a) to

23 fund Bureau schools, a Bureau school which generates less

24 than 168 weighted units shall receive an additional 2

25 weighted units to defray school board activities.
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•HR 6 RFS

1 ‘‘(C) From the funds allotted in accordance with the

2 formula established under subsection (a) for each Bureau

3 school, the local school board of such school may reserve

4 an amount which does not exceed the greater of—

5 ‘‘(i) $5,000, or

6 ‘‘(ii) the lesser of—

7 ‘‘(I) $15,000, or

8 ‘‘(II) 1 percent of such allotted funds,

9 for school board activities for such school, including but

10 not limited to, and notwithstanding any other provision

11 of law, meeting expenses and the cost of membership in,

12 and support of, organizations engaged in activities on be13 half of Indian education.

14 ‘‘(3)(A) The Secretary shall adjust the formula estab15 lished under subsection (a) to use a weighted unit of 2.0

16 for each eligible Indian student that—

17 ‘‘(i) is gifted and talented (as determined pur18 suant to section 6204 of the Indian Education Act

19 of 1988), and

20 ‘‘(ii) is enrolled in the school on a full-time

21 basis,

22 in considering the number of eligible Indian students

23 served by the school.
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1 ‘‘(B) The adjustment required under subparagraph

2 (A) shall be used for the later of the following fiscal years

3 and 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

7 Indian 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

12 implement such adjustment without reducing allot13 ments 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

21 this section. Funds reserved under this subsection may

22 only be expended for education services or programs at

23 a schoolsite (as defined in section 5204(c)(2) of the Trib24 ally Controlled Schools Act of 1988). Funds reserved

25 under this subsection shall remain available without fiscal
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1 year limitation until expended. However, the aggregate

2 amount available from all fiscal years may not exceed 1

3 percent of the current year funds. Whenever the Secretary

4 makes funds available under this subsection, the Secretary

5 shall report such action to the appropriate committees of

6 Congress within the annual budget submission.

7 ‘‘(e) Supplemental appropriations enacted to meet in8 creased pay costs attributable to school level personnel

9 shall 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 off20 reservation boarding school.

21 ‘‘(g)(1) An eligible Indian student may not be

22 charged tuition for attendance at a Bureau or contract

23 school. A student attending a Bureau school under clause

24 (2)(C) of this subsection may not be charged tuition.
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•HR 6 RFS

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 stu5 dent’s attendance will not adversely affect the

6 school’s program for eligible Indian students because

7 of cost, overcrowding, or violation of standards,

8 ‘‘(B) the school board consents, and

9 ‘‘(C) the student is a dependent of a Bureau,

10 Indian Health Service, or tribal government em11 ployee who lives on or near the school site, or

12 ‘‘(D) a tuition is paid for the student that is

13 not more than that charged by the nearest public

14 school district for out-of-district students. The tui15 tion collected is in addition to the school’s allocation

16 under this section.

17 ‘‘(3) The school board of a contract school or grant

18 school may permit students who are not eligible Indian

19 students under this subsection to attend its contract

20 school or grant school and any tuition collected for those

21 students is 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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•HR 6 RFS

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

4 date of enactment of this Act to a school based budget

5 system of financing. The Assistant Secretary shall take

6 such steps as are necessary to immediately implement this

7 provision.

8 ‘‘(2) For the purposes of this study, the term ‘school9 based budget system’ means a system based upon an ini10 tial determination, at each school site, of the number of

11 students who shall be served at the site, the needs of those

12 students, the standards which will best meet those needs

13 (including any standards or conditions reflecting local

14 community input and the program developed under this

15 part), the personnel profile necessary to establish such

16 program and the cost (determined on an actual basis) of

17 funding such a program. Such a system would include pro18 cedures to aggregate the determinations for each school

19 site to determine the amount needed to fund all Bureau20 funded schools, to prepare a budget submission based

21 upon such aggregate and would provide for a mechanism

22 for distributing such sums as may be appropriated based

23 upon the determination at each school site.

24 ‘‘(3) No later than January 20, 1996, the Secretary

25 shall transmit to the Committees on Education and Labor
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•HR 6 RFS

1 and Appropriations of the House of Representatives and

2 the Committees on Indian Affairs and Appropriations of

3 the Senate of the United States the study required under

4 this subsection, along with any views or comments of the

5 Secretary on such study.

6 ‘‘(i) Any other provision of law notwithstanding, at

7 the election of the school board made at any time during

8 the fiscal year, a portion equal to no more than 15 percent

9 of the funds allocated with respect to a school under this

10 section for any fiscal year shall remain available to the

11 school for expenditure without fiscal year limitation. The

12 Assistant Secretary shall take steps as may be necessary

13 to implement this provision immediately.

14 ‘‘(j) Tuition for the out-of-State students boarding at

15 the Richfield Dormitory in Richfield, Utah, who attend

16 Sevier County high schools in Richfield, Utah, may be paid

17 from the Indian School Equalization Program funds at a

18 rate not to exceed the amount per Weighted Student Unit

19 for that year for instruction. No additional administrative

20 cost funds will be added to the grant.

21 ‘‘SEC. 1128. ADMINISTRATIVE COST GRANTS.

22 ‘‘(a)(1) The Secretary shall, subject to the availability

23 of appropriated funds, provide grants to each tribe or trib24 al organization operating a contract or grant school in the

25 amount determined under this section with respect to the
879

•HR 6 RFS

1 tribe or tribal organization for the purpose of paying the

2 administrative and indirect costs incurred in operating

3 contract schools in order to—

4 ‘‘(A) enable tribes and tribal organizations op5 erating such schools, without reducing direct pro6 gram services to the beneficiaries of the program, to

7 provide all related administrative overhead services

8 and operations necessary to meet the requirements

9 of law and prudent management practice, and

10 ‘‘(B) carry out other necessary support func11 tions which would otherwise be provided by the Sec12 retary or other Federal officers or employees, from

13 resources other than direct program funds, in sup14 port of comparable Bureau operated programs.

15 ‘‘(2) Amounts appropriated to fund the grants pro16 vided under this section shall be in addition to, and shall

17 not reduce, the amounts appropriated for the program

18 being administered by the contract schools.

19 ‘‘(b)(1) The amount of the grant provided to each

20 tribe or tribal organization under this section for each fis21 cal year shall be determined by applying the administra22 tive cost percentage rate of the tribe or tribal organization

23 to the aggregate of the Bureau elementary and secondary

24 functions operated by the tribe or tribal organization for

25 which funds are received from or through the Bureau. The
880

•HR 6 RFS

1 administrative cost percentage rate determined under sub2 section (c) does not apply to other programs operated by

3 the tribe or tribal organization.

4 ‘‘(2) The Secretary shall—

5 ‘‘(A) reduce the amount of the grant deter6 mined under paragraph (1) to the extent that pay7 ments for administrative costs are actually received

8 by an Indian tribe or tribal organization under any

9 Federal education program included in the direct

10 cost base of the tribe or tribal organization, and

11 ‘‘(B) take such actions as may be necessary to

12 be reimbursed by any other department or agency of

13 the Federal Government for the portion of grants

14 made under this section for the costs of administer15 ing any program for Indians that is funded by ap16 propriations made to such other department or

17 agency.

18 ‘‘(c) For purposes of this section, the administrative

19 cost percentage rate for a contract or grant school for a

20 fiscal year is equal to the percentage determined by divid21 ing—

22 ‘‘(1) the sum of—

23 ‘‘(A) the amount equal to—
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•HR 6 RFS

1 ‘‘(i) the direct cost base of the tribe or

2 tribal organization for the fiscal year, mul3 tiplied by

4 ‘‘(ii) the minimum base rate, plus

5 ‘‘(B) the amount equal to—

6 ‘‘(i) the standard direct cost base,

7 multiplied by

8 ‘‘(ii) the maximum base rate, by

9 ‘‘(2) the sum of—

10 ‘‘(A) the direct cost base of the tribe or

11 tribal organization for the fiscal year, plus

12 ‘‘(B) the standard direct cost base.

13 The administrative cost percentage rate shall be determined to the 1 14 ⁄100 of a decimal point.

15 ‘‘(d)(1)(A) Funds received by a tribe or contract or

16 grant school as grants under this section for tribal elemen17 tary or secondary educational programs may be combined

18 by the tribe or contract school into a single administrative

19 cost account without the necessity of maintaining separate

20 funding source accounting.

21 ‘‘(B) Indirect cost funds for programs at the school

22 which share common administrative services with tribal el23 ementary or secondary educational programs may be in24 cluded in the administrative cost account described in sub25 paragraph (A).
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•HR 6 RFS

1 ‘‘(2) Funds received as grants under this section with

2 respect to tribal elementary or secondary education pro3 grams shall remain available to the contract or grant

4 school without fiscal year limitation and without diminish5 ing the amount of any grants otherwise payable to the

6 school under this section for any fiscal year beginning

7 after the fiscal year for which the grant is provided.

8 ‘‘(3) Funds received as grants under this section for

9 Bureau funded programs operated by a tribe or tribal or10 ganization under a contract or agreement shall not be

11 taken into consideration for purposes of indirect cost

12 underrecovery and overrecovery determinations by any

13 Federal agency for any other funds, from whatever source

14 derived.

15 ‘‘(4) In applying this section and section 106 of the

16 Indian Self-Determination and Education Assistance Act

17 with respect to an Indian tribe or tribal organization

18 that—

19 ‘‘(A) receives funds under this section for ad20 ministrative costs incurred in operating a contract

21 school or a school operated under the Tribally Con22 trolled Schools Act of 1988, and

23 ‘‘(B) operates 1 or more other programs under

24 a contract or grant provided under the Indian Self25 Determination and Education Assistance Act,
883

•HR 6 RFS

1 the Secretary shall ensure that the Indian tribe or tribal

2 organization is provided with the full amount of the ad3 ministrative costs, and of the indirect costs, that are asso4 ciated with operating the contract school, a school oper5 ated under the Tribally Controlled Schools Act of 1988,

6 and all of such other programs, except that funds appro7 priated for implementation of this section shall be used

8 only to supply the amount of the grant required to be pro9 vided by this section.

10 ‘‘(e) For purposes of this section—

11 ‘‘(1)(A) The term ‘administrative cost’ means

12 the costs of necessary administrative functions

13 which—

14 ‘‘(i) the tribe or tribal organization incurs

15 as a result of operating a tribal elementary or

16 secondary educational program,

17 ‘‘(ii) are not customarily paid by com18 parable Bureau operated programs out of direct

19 program funds, and

20 ‘‘(iii) are either—

21 ‘‘(I) normally provided for comparable

22 Bureau programs by Federal officials

23 using resources other than Bureau direct

24 program funds, or
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•HR 6 RFS

1 ‘‘(II) are otherwise required of tribal

2 self-determination program operators by

3 law or prudent management practice.

4 ‘‘(B) The term ‘administrative cost’ may in5 clude, but is not necessarily limited to—

6 ‘‘(i) contract (or other agreement) adminis7 tration;

8 ‘‘(ii) executive, policy, and corporate lead9 ership and decisionmaking;

10 ‘‘(iii) program planning, development, and

11 management;

12 ‘‘(iv) fiscal, personnel, property, and pro13 curement management;

14 ‘‘(v) related office services and record

15 keeping; and

16 ‘‘(vi) costs of necessary insurance, audit17 ing, legal, safety and security services.

18 ‘‘(2) The term ‘Bureau elementary and second19 ary functions’ means—

20 ‘‘(A) all functions funded at Bureau

21 schools by the Office of Indian Education Pro22 grams of the Bureau;

23 ‘‘(B) all programs—
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•HR 6 RFS

1 ‘‘(i) funds for which are appropriated

2 to other agencies of the Federal Govern3 ment, and

4 ‘‘(ii) which are administered for the

5 benefit of Indians through Bureau schools;

6 and

7 ‘‘(C) all operation, maintenance, and repair

8 funds for facilities and government quarters

9 used in the operation or support of elementary

10 and secondary education functions for the bene11 fit of Indians, from whatever source derived.

12 ‘‘(3) The term ‘tribal elementary or secondary

13 educational programs’ means all Bureau elementary

14 and secondary functions, together with any other

15 Bureau programs or portions of programs (excluding

16 funds for social services that are appropriated to

17 agencies other than the Bureau and are expended

18 through the Bureau, funds for major subcontracts,

19 construction, and other major capital expenditures,

20 and unexpended funds carried over from prior years)

21 which share common administrative cost functions,

22 that are operated directly by a tribe or tribal organi23 zation under a contract or agreement with the

24 Bureau.
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•HR 6 RFS

1 ‘‘(4)(A) Except as otherwise provided in this

2 paragraph, the direct cost base of a tribe or tribal

3 organization for the fiscal year is the aggregate di4 rect cost program funding for all tribal elementary

5 or secondary educational programs operated by the

6 tribe or tribal organization during—

7 ‘‘(i) the second fiscal year preceding such

8 fiscal year, or

9 ‘‘(ii) if such programs have not been oper10 ated by the tribe or tribal organization during

11 the 2 preceding fiscal years, the first fiscal year

12 preceding such fiscal year.

13 ‘‘(B) In the case of Bureau elementary or sec14 ondary education functions which have not pre15 viously been operated by a tribe or tribal organiza16 tion under contract or agreement with the Bureau,

17 the direct cost base for the initial year shall be the

18 projected aggregate direct cost program funding for

19 all Bureau elementary and secondary functions to be

20 operated by the tribe or tribal organization during

21 that fiscal year.

22 ‘‘(5) The term ‘maximum base rate’ means 50

23 percent.

24 ‘‘(6) The term ‘minimum base rate’ means 11

25 percent.
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•HR 6 RFS

1 ‘‘(7) The term ‘standard direct cost base’

2 means $600,000.

3 ‘‘(f)(1) Upon the enactment of the Indian Education

4 Amendments of 1988, the Secretary shall—

5 ‘‘(A) conduct such studies as may be needed to

6 establish an empirical basis for determining relevant

7 factors substantially affecting the required adminis8 trative costs of tribal elementary and secondary edu9 cational programs, using the formula set forth in

10 subsection (c), and

11 ‘‘(B) a study to determine—

12 ‘‘(i) a maximum base rate which ensures

13 that the amount of the grants provided under

14 this section will provide adequate (but not ex15 cessive) funding of the administrative costs of

16 the smallest tribal elementary or secondary edu17 cational programs,

18 ‘‘(ii) a minimum base rate which ensures

19 that the amount of the grants provided under

20 this section will provide adequate (but not ex21 cessive) funding of the administrative costs of

22 the largest tribal elementary or secondary edu23 cational programs, and

24 ‘‘(iii) a standard direct cost base which is

25 the aggregate direct cost funding level for which
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•HR 6 RFS

1 the percentage determined under subsection (c)

2 will—

3 ‘‘(I) be equal to the median between

4 the maximum base rate and the minimum

5 base rate, and

6 ‘‘(II) ensure that the amount of the

7 grants provided under this section will pro8 vide adequate (but not excessive) funding

9 of the administrative costs of tribal ele10 mentary or secondary educational pro11 grams closest to the size of the program.

12 ‘‘(2) The studies required under paragraph (1)

13 shall—

14 ‘‘(A) be conducted in full consultation (in ac15 cordance with section 1130) with—

16 ‘‘(i) the tribes and tribal organizations that

17 are affected by the application of the formula

18 set forth in subsection (c), and

19 ‘‘(ii) all national and regional Indian orga20 nizations of which such tribes and tribal organi21 zations are typically members;

22 ‘‘(B) be conducted on-site at a representative

23 statistical sample of the tribal elementary or second24 ary educational programs under a contract entered
889

•HR 6 RFS

1 into with a nationally reputable public accounting

2 and business consulting firm;

3 ‘‘(C) take into account the availability of skilled

4 labor, commodities, business and automatic data

5 processing services, related Indian preference and

6 Indian control of education requirements, and any

7 other market factors found substantially to affect

8 the administrative costs and efficiency of each such

9 tribal elementary or secondary educational program

10 studied in order to assure that all required adminis11 trative activities can reasonably be delivered in a

12 cost effective manner for each such program, given

13 an administrative cost allowance generated by the

14 values, percentages, or other factors found in the

15 studies to be relevant in such formula;

16 ‘‘(D) identify, and quantify in terms of percent17 ages of direct program costs, any general factors

18 arising from geographic isolation, or numbers of pro19 grams administered, independent of program size

20 factors used to compute a base administrative cost

21 percentage in such formula; and

22 ‘‘(E) identify any other incremental cost factors

23 substantially affecting the costs of required adminis24 trative cost functions at any of the tribal elementary

25 or secondary educational programs studied and de-
890

•HR 6 RFS

1 termine whether the factors are of general applica2 bility to other such programs, and (if so) how they

3 may effectively be incorporated into such formula.

4 ‘‘(3) In carrying out the studies required under this

5 subsection, the Secretary shall obtain the input of, and

6 afford an opportunity to participate to, the Inspector Gen7 eral of the Department of the Interior.

8 ‘‘(4) Determinations described in paragraph (2)(C)

9 shall be based on what is pragmatically possible to do at

10 each location studied, given prudent management practice,

11 irrespective of whether required administrative services

12 were actually or fully delivered at these sites, or other

13 services were delivered instead, during the period of the

14 study.

15 ‘‘(5) Upon completion of the studies conducted under

16 paragraph (1), but in no case later than October 1, 1989,

17 the Secretary shall submit to the Congress a report on

18 the findings of the studies, together with determinations

19 based upon such findings that would affect the definitions

20 of terms used in the formula that is set forth in subsection

21 (c).

22 ‘‘(6) The Secretary shall include in the Bureau’s jus23 tification for each appropriations request for each fiscal

24 year beginning after fiscal year 1989, a projection of the

25 overall costs associated with the formula set forth in sub-
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•HR 6 RFS

1 section (c) for all tribal elementary or secondary edu2 cational programs which the Secretary expects to be fund3 ed in the fiscal year for which the appropriations are

4 sought.

5 ‘‘(7) For purposes of this subsection, the size of tribal

6 elementary or secondary educational programs is deter7 mined by the aggregate direct cost program funding level

8 for all Bureau funded programs which share common ad9 ministrative cost functions.

10 ‘‘(g)(1) There are authorized to be appropriated for

11 each fiscal year such sums as may be necessary to carry

12 out the provisions of this section.

13 ‘‘(2) If the total amount of funds necessary to provide

14 grants to tribes and tribal organizations in the amounts

15 determined under subsection (b) for a fiscal year exceeds

16 the amount of funds appropriated to carry out this section

17 for such fiscal year, the Secretary shall reduce the amount

18 of each grant determined under subsection (b) for such

19 fiscal year by an amount that bears the same relationship

20 to such excess as the amount of such grant determined

21 under subsection (b) bears to the total of all grants deter22 mined under subsection (b) for all tribes and tribal organi23 zations for such fiscal year.
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•HR 6 RFS

1 ‘‘(h)(1) Notwithstanding any other provision of this

2 section, the amount of the grants provided under this sec3 tion for fiscal year 1989 shall—

4 ‘‘(A) in lieu of being determined under sub5 section (b), be determined for each tribal elementary

6 or secondary educational program on the same basis

7 that indirect costs were determined for such pro8 grams for fiscal year 1988, and

9 ‘‘(B) be subject to the provisions of subsection

10 (d).

11 ‘‘(2) Notwithstanding any other provision of this sec12 tion, the amount of the grant provided under this section

13 for fiscal year 1990 with respect to each tribal elementary

14 and secondary educational program that was operated by

15 a tribe or tribal organization in fiscal year 1989 shall be

16 equal to—

17 ‘‘(A) if the amount of the grant determined

18 under subsection (b) for fiscal year 1990 with re19 spect to such program exceeds the amount received

20 by the tribe or tribal organization with respect to

21 such program for administrative costs for fiscal year

22 1988 (or fiscal year 1989 if such program was not

23 operated by the tribe or tribal organization during

24 fiscal year 1988), the sum of—

25 ‘‘(i) such amount received, plus
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•HR 6 RFS

‘‘(ii) 1 1 ⁄3 of the excess of—

2 ‘‘(I) such amount determined under

3 subsection (b), over

4 ‘‘(II) such amount received, or

5 ‘‘(B) if such amount received exceeds such

6 amount determined under subsection (b), the excess

7 of—

8 ‘‘(i) such amount received, over

‘‘(ii) an amount equal to 1 9 ⁄3 of the excess

10 of—

11 ‘‘(I) such amount received, over

12 ‘‘(II) such amount determined under

13 subsection (b).

14 ‘‘(3) Notwithstanding any other provision of this sec15 tion, the amount of the grants provided under this section

16 for fiscal year 1991 with respect to each tribal elementary

17 and secondary educational program that was operated by

18 a tribe or tribal organization in fiscal year 1989 shall be

19 equal to—

20 ‘‘(A) if the amount of the grant determined

21 under subsection (b) for fiscal year 1991 with re22 spect to such program exceeds the amount received

23 by the tribe or tribal organization with respect to

24 such program for administrative costs for fiscal year

25 1990, the sum of—
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•HR 6 RFS

1 ‘‘(i) such amount received, plus

‘‘(ii) 1 2 ⁄2 of the excess of—

3 ‘‘(I) such amount determined under

4 subsection (b), over

5 ‘‘(II) such amount received, or

6 ‘‘(B) if such amount received exceeds such

7 amount determined under subsection (b), the excess

8 of—

9 ‘‘(i) such amount received, over

‘‘(ii) an amount equal to 1 10 ⁄2 of the excess

11 of—

12 ‘‘(I) such amount received over,

13 ‘‘(II) such amount determined under

14 subsection (b).

15 ‘‘(i) The provisions of this section shall also apply to

16 those schools operating under the Tribally Controlled

17 Schools Act of 1988.

18 ‘‘SEC. 1129. BUDGET PREPARATION AND SUBMISSION.

19 ‘‘(a) For each fiscal year beginning after October 1,

20 1994, and ending before October 1, 1998, the Secretary

21 shall enter into an interagency agreement with the Sec22 retary of Education for the purpose of carrying out this

23 section. The Secretary shall take such actions as are nec24 essary to transfer information requested by the Secretary

25 of Education or the entity designated under subsection (b)
895

•HR 6 RFS

1 of this section needed to carry out this section in a timely

2 and accurate fashion.

3 ‘‘(b) The Secretary of Education, through the Na4 tional Center for Education Statistics, shall prepare and

5 submit to Congress the study set forth in subsection (c)

6 of this section no later than January 20, 1995, and Janu7 ary 20 of each of the next 3 succeeding years. The Sec8 retary of Education shall transmit the report directly and

9 without substantive amendment to the Secretary of the In10 terior, the Assistant Secretary for Indian Affairs of the

11 Department of the Interior, and the Committees on Edu12 cation and Labor and Appropriations of the House of Rep13 resentatives and the Committees on Indian Affairs and

14 Appropriations of the Senate of the United States.

15 ‘‘(c)(1) The National Center for Educational Statis16 tics (hereinafter referred to as the ‘Center’) shall prepare

17 for each of the fiscal years covered under subsection (a)

18 of this section a report on the amount needed to achieve

19 academic and residential programs set forth in this part

20 for Bureau-funded schools funded under section 1127.

21 Such study shall be based on (A) the standards developed

22 and implemented for Bureau-funded schools under section

23 1121 and 1122 of this part or such other standards as

24 may apply to Bureau-funded contract schools or schools

25 funded under the Tribally Controlled Schools Act of 1988,
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•HR 6 RFS

1 (B) the student count and characteristics of such schools,

2 as determined pursuant to the formula developed and im3 plemented pursuant to section 1127 of this part for the

4 preceding academic year, adjusted for any changes in stu5 dent demographics which the Center may project, (C) the

6 employee statistics with respect to such schools for the

7 preceding fiscal year, and (D) such other factors as the

8 Center may set forth, including but not limited to age or

9 physical condition of the schools and changes in isolation.

10 ‘‘(2) Each study shall include a total projected cost

11 for attaining the standards set forth under paragraph (1),

12 and shall presume compliance with those standards. Such

13 study shall also include a projection of the cost for meeting

14 such standards for each Bureau-funded school. Such study

15 shall also include a report on any shortfall in the amount

16 needed to fund Bureau-funded schools, as determined by

17 the study conducted pursuant to this section and the ap18 propriations amount requested and enacted for the period

19 covered by the study.

20 ‘‘(d)(1) Within 24 months of the date of enactment

21 of this Act, the Secretary shall establish within the Office

22 of Indian Education Programs a Division of Budget Anal23 ysis (hereinafter referred to as the ‘Division’). Such Divi24 sion shall be under the direct supervision and control of

25 the Director of the Office.
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•HR 6 RFS

1 ‘‘(2) The Division shall have the capacity to conduct

2 such studies, surveys, or other activities as are necessary

3 to gather demographic information on Bureau-funded

4 schools (current and future) and project the amount nec5 essary to provide Indian students in such schools the edu6 cational program set forth in this part.

7 ‘‘(3) The Division shall prepare projections on such

8 amounts, along with such other information as the Direc9 tor of the Office shall require, for each fiscal year begin10 ning after October 1, 1996. The Director of the Office

11 and the Assistant Secretary for Indian Affairs shall use

12 such reports when preparing their annual budget submis13 sions.

14 ‘‘SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.

15 ‘‘(a)(1) Within six months after the date of enact16 ment of this Act, the Secretary shall establish, by regula17 tion adopted in accordance with section 1139, a system

18 for the direct funding and support of all Bureau-funded

19 schools. Such system shall allot funds, in accordance with

20 section 1127. Amounts appropriated for distribution

21 under this section may be made available under paragraph

22 (2) or under paragraph (3), as provided in the appropria23 tion Act.

24 ‘‘(2)(A) For the purpose of affording adequate notice

25 of funding available pursuant to the allotments made by
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•HR 6 RFS

1 section 1127, amounts appropriated in an appropriation

2 Act for any fiscal year shall become available for obligation

3 by the affected schools on July 1 of the fiscal year in which

4 they are appropriated without further action by the Sec5 retary, and shall remain available for obligation through

6 the succeeding fiscal year.

7 ‘‘(B) The Secretary shall, on the basis of the amount

8 appropriated in accordance with this paragraph—

9 ‘‘(i) publish, on July 1 preceding the fiscal year

10 for which the funds are appropriated, allotments to

11 each affected school made under section 1127 of 85

12 percent of such appropriation; and

13 ‘‘(ii) publish, no later than September 30 of

14 such preceding fiscal year, the allotments to be made

15 under section 1127 of the remaining 15 percent of

16 such appropriation, adjusted to reflect actual stu17 dent attendance.

18 ‘‘(3) Notwithstanding any law or regulation, the su19 pervisor of a Bureau school may expend an aggregate of

20 no more than $35,000 of the amount allotted the school

21 under section 1127 to acquire supplies and equipment for

22 the school without competitive bidding if—

23 ‘‘(A) the cost for any single item purchased

24 does not exceed $10,000;
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•HR 6 RFS

1 ‘‘(B) the school board approves the procure2 ment;

3 ‘‘(C) the supervisor certifies that the cost is fair

4 and reasonable;

5 ‘‘(D) the documents relating to the procure6 ment executed by the supervisor or other school staff

7 cite this paragraph as authority for the procure8 ment; and

9 ‘‘(E) the transaction is documented in a journal

10 maintained at the school clearly identifying when the

11 transaction occurred, what was acquired and from

12 whom, the prices paid, the quantities acquired, and

13 any other information the supervisor or school board

14 considers relevant.

15 The Director shall be responsible for determining the ap16 plication of this paragraph, including the authorization of

17 specific individuals to carry out this authority, and shall

18 be responsible for the provision of guidelines on the use

19 of this authority and adequate training on such guidelines.

20 ‘‘(4) If a sequestration order issued under the Bal21 anced Budget and Emergency Deficit Control Act of 1985

22 reduces the amount of funds available for allotment under

23 section 1127 for any fiscal year by more than 7 percent

24 of the amount of funds available for allotment under such

25 section during the preceding fiscal year—
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•HR 6 RFS

1 ‘‘(A) the Secretary may, notwithstanding any

2 other provision of law, use—

3 ‘‘(i) funds appropriated for the operation

4 of any Bureau school that is closed or consoli5 dated, and

6 ‘‘(ii) funds appropriated for any program

7 that has been curtailed at any Bureau school,

8 to fund allotments made under section 1127, and

9 ‘‘(B) the Secretary may waive the application of

10 the provisions of section 1121(h) with respect to the

11 closure or consolidation of a school, or the curtail12 ment of a program at a school, during such fiscal

13 year if the funds described in clauses (i) and (ii) of

14 subparagraph (A) with respect to such school are

15 used to fund allotments made under section 1127

16 for such fiscal year.

17 ‘‘(b) In the case of all Bureau schools, allotted funds

18 shall be expended on the basis of local financial plans

19 which shall be prepared by the local school supervisor in

20 active consultation with the local school board for each

21 school, and the local school board for each school shall

22 have the authority to ratify, reject, or amend such finan23 cial plan, and expenditures thereunder, and, on its own

24 determination or in response to the supervisor of the

25 school, to revise such financial plan to meet needs not fore-
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•HR 6 RFS

1 seen at the time of preparation of the financial plan. The

2 supervisor shall provide the appropriate union representa3 tive of the education employees with copies of proposed

4 draft financial plans and all amendments or modifications

5 thereto, at the same time they are submitted to the local

6 school board. The supervisor of the school may appeal any

7 such action of the local school board to the appropriate

8 education officer of the Bureau agency by filing a written

9 statement describing the action and the reasons the super10 visor believes such action should be overturned. A copy

11 of such statement shall be submitted to the local school

12 board and such board shall be afforded an opportunity to

13 respond, in writing, to such appeal. After reviewing such

14 written appeal and response, the appropriate education of15 ficer may, for good cause, overturn the action of the local

16 school board. The appropriate education officer 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 action.

20 ‘‘(c) Funds for self-determination grants under sec21 tion 103(a)(2) of the Indian Self-Determination and Edu22 cation Assistance Act shall not be used for providing tech23 nical assistance and training in the field of education by

24 the Bureau unless such services are provided in accord25 ance with a plan, agreed to by the tribe or tribes affected
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•HR 6 RFS

1 and the Bureau, under which control of education pro2 grams is intended to be transferred to such tribe or tribes

3 within a specific period of time negotiated under such

4 agreement. The Secretary may approve applications for

5 funding tribal divisions of education and the development

6 of tribal codes of education from funds appropriated pur7 suant to section 104(a) of such Act.

8 ‘‘(d) In the exercise of its authority under this sec9 tion, a local school board may request technical assistance

10 and training from the Secretary, and he shall, to the

11 greatest extent possible, provide such services, and make

12 appropriate provisions in the budget of the Office for such

13 services.

14 ‘‘(e)(1) A financial plan under subsection (b) for a

15 school may include, at the discretion of the local adminis16 trator and the school board of such school, a provision for

17 a summer program of academic and support services for

18 students of the school. Any such program may include ac19 tivities related to the prevention of alcohol and substance

20 abuse. The Assistant Secretary of Indian Affairs shall pro21 vide for the utilization of any such school facility during

22 any summer in which such utilization is requested.

23 ‘‘(2) Notwithstanding any other provision of law,

24 funds authorized under the Act of April 16, 1934 (25

25 U.S.C. 452 et seq.) and the Indian Education Act may
903

•HR 6 RFS

1 be used to augment the services provided in each summer

2 program at the option, and under the control, of the tribe

3 or Indian controlled school receiving such funds.

4 ‘‘(3) The Assistant Secretary of Indian Affairs, act5 ing through the Director of the Office of Indian Education

6 Programs, shall provide technical assistance and coordina7 tion for any program described in paragraph (1) and shall,

8 to the extent possible, encourage the coordination of such

9 programs with any other summer programs that might

10 benefit Indian youth, regardless of the funding source or

11 administrative entity of any such program.

12 ‘‘(f)(1) From funds allotted to a Bureau school under

13 section 1127, the Secretary shall, if specifically requested

14 by the tribal governing body (within the meaning of sec15 tion 1121(k)), implement any cooperative agreement en16 tered into between the tribe, the Bureau school board, and

17 the local public school district which meets the require18 ments of paragraph (2) and involves the school. The tribe,

19 the Bureau school board, and the local public school dis20 trict shall determine the terms of the agreement. Such

21 agreement may encompass coordination of all or any part

22 of the following:

23 ‘‘(A) Academic program and curriculum, unless

24 the Bureau school is currently accredited by a State
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•HR 6 RFS

1 or regional accrediting entity and would not continue

2 to be so accredited.

3 ‘‘(B) Support services, including procurement

4 and facilities maintenance.

5 ‘‘(C) Transportation.

6 ‘‘(2) Each agreement entered into pursuant to the

7 authority provided in paragraph (1) shall confer a benefit

8 upon the Bureau school commensurate with the burden

9 assumed, though this requirement shall not be construed

10 so as to require equal expenditures or an exchange of simi11 lar services.

12 ‘‘(g) Any other provision of law notwithstanding,

13 where there is agreement on such action between the su14 perintendent and school board of a B.I.A. funded school,

15 the product or result of a project conducted in whole or

16 in major part by a student may be given to that student

17 upon the completion of said project.

18 ‘‘(h) Notwithstanding any other provision of law,

19 funds received by Bureau funded schools under this title

20 shall not be considered Federal funds for purposes of

21 meeting a match requirement in any Federal program.

22 ‘‘SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDU23 CATION.

24 ‘‘(a) It shall be the policy of the Secretary and the

25 Bureau, in carrying out the functions of the Bureau, to
905

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1 facilitate Indian control of Indian affairs in all matters

2 relating to education.

3 ‘‘(b)(1) All actions under this Act shall be done with

4 active consultation with tribes.

5 ‘‘(2) The consultation required under paragraph (1)

6 means a process involving the open discussion and joint

7 deliberation of all options with respect to potential issues

8 or changes between the Bureau and all interested parties.

9 During such discussions and joint deliberations, interested

10 parties (including, but not limited to, tribes and school of11 ficials) shall be given an opportunity to present issues in12 cluding proposals regarding changes in current practices

13 or programs which will be considered for future action by

14 the Bureau. All interested parties shall be given an oppor15 tunity to participate and discuss the options presented or

16 to present other alternatives, with the views and concerns

17 of the interested parties given effect unless the Secretary

18 determines, from information educed or presented by the

19 interested parties during 1 or more of the discussions and

20 deliberations, that there is a substantial reason for an21 other course of action. The Secretary shall submit to any

22 Member of Congress, within 18 days of the receipt of a

23 written request by such Member, a written explanation of

24 any decision made by the Secretary which is not consistent

25 with the views of the interested parties.
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•HR 6 RFS

1 ‘‘SEC. 1132. EDUCATION PERSONNEL.

2 ‘‘(a)(1) Chapter 51, subchapter III of chapter 53,

3 and chapter 63 of title 5, United States Code, relating

4 to leave, pay, and classification, and the sections relating

5 to the appointment, promotion and removal of civil service

6 employees, shall not apply to educators or to education

7 positions (as defined in subsection (n)).

8 ‘‘(2) Paragraph (1) shall take effect 1 year after the

9 date of enactment of this Act.

10 ‘‘(b) Not later than the effective date of subsection

11 (a)(2), the Secretary shall prescribe regulations to carry

12 out this section. Such regulations shall govern—

13 ‘‘(1) the establishment of education positions,

14 ‘‘(2) the establishment of qualifications for edu15 cators,

16 ‘‘(3) the fixing of basic compensation for edu17 cators and education positions,

18 ‘‘(4) the appointment of educators,

19 ‘‘(5) the discharge of educators,

20 ‘‘(6) the entitlement of educators to compensa21 tion,

22 ‘‘(7) the payment of compensation to educators,

23 ‘‘(8) the conditions of employment of educators,

24 ‘‘(9) the length of the school year applicable to

25 education positions described in subsection

26 (n)(1)(A),
907

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1 ‘‘(10) the leave system for educators, and

2 ‘‘(11) such other matters as may be appro3 priate.

4 ‘‘(c)(1) In prescribing regulations to govern the quali5 fications of educators, the Secretary shall require—

6 ‘‘(A)(i) that lists of qualified and interviewed

7 applicants for education positions be maintained in

8 each agency and area office of the Bureau from

9 among individuals who have applied at the agency or

10 area level for an education position or who have ap11 plied at the national level and have indicated in such

12 application an interest in working in certain areas or

13 agencies; and

14 ‘‘(ii) that a list of qualified and interviewed ap15 plicants for education positions be maintained in the

16 Office from among individuals who have applied at

17 the national level for an education position and who

18 have expressed interest in working in an education

19 position anywhere in the United States;

20 ‘‘(B) that a local school board shall have the

21 authority to waive on a case-by-case basis, any for22 mal education or degree qualifications established by

23 regulation pursuant to subsection (b)(2), in order for

24 a tribal member to be hired in an education position

25 to teach courses on tribal culture and language and
908

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1 that subject to subsection (d)(2)(A), a determination

2 by a school board that such a person be hired shall

3 be followed by the supervisor; and

4 ‘‘(C) that it shall not be a prerequisite to the

5 employment of an individual in an education position

6 at the local level that such individual’s name appear

7 on the national list maintained pursuant to sub8 section (c)(1)(A)(ii) or that such individual has ap9 plied at the national level for an education position.

10 ‘‘(2) The Secretary may authorize the temporary em11 ployment in an education position of an individual who

12 has not met the certification standards established pursu13 ant to regulations, if the Secretary determines that failure

14 to do so would result in that position remaining vacant.

15 ‘‘(d)(1) In prescribing regulations to govern the ap16 pointment of educators, the Secretary shall require—

17 ‘‘(A)(i) that educators employed in a school

18 (other than the supervisor of the school) shall be

19 hired by the supervisor of the school unless there are

20 no qualified applicants available, in which case the

21 vacant position shall be filed at the national level

22 from the list maintained pursuant to subsection

23 (c)(1)(A)(ii);
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1 ‘‘(ii) each school supervisor shall be hired by

2 the superintendent for education of the agency office

3 of the Bureau in which the school is located, and

4 ‘‘(iii) educators employed in an agency office of

5 the Bureau shall be hired by the superintendent for

6 education of the agency office;

7 ‘‘(B) that before an individual is employed in

8 an education position in a school by the supervisor

9 of a school (or, with respect to the position of super10 visor, by the appropriate agency superintendent for

11 education), the local school board for the school shall

12 be consulted, and that subject to subsection (d)(2),

13 a determination by the school board that such indi14 vidual should or should not be so employed shall be

15 followed by the supervisor (or with respect to the po16 sition of supervisor, by the agency superintendent

17 for education); and

18 ‘‘(C) that before an individual may be employed

19 in an education position at the agency level, the ap20 propriate agency school board shall be consulted,

21 and that, subject to subsection (d)(3), a determina22 tion by such school board that such individual

23 should or should not be employed shall be followed

24 by the agency superintendent for education.
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•HR 6 RFS

1 ‘‘(2)(A) The supervisor of a school may appeal to the

2 appropriate agency superintendent for education any de3 termination by the local school board for the school that

4 an individual be employed, or not be employed, in an edu5 cation position in the school (other than that of super6 visor) by filing a written statement describing the deter7 mination and the reasons the supervisor believes such de8 termination should be overturned. A copy of such state9 ment shall be submitted to the local school board and such

10 board shall be afforded an opportunity to respond, in writ11 ing, to such appeal. After reviewing such written appeal

12 and response, the superintendent may, for good cause,

13 overturn the determination of the local school board. The

14 superintendent shall transmit the determination of such

15 appeal in the form of a written opinion to such board and

16 to such supervisor identifying the reasons for overturning

17 such determination.

18 ‘‘(B) The superintendent for education of an agency

19 office of the Bureau may appeal to the Director of the

20 Office any determination by the local school board for the

21 school that an individual be employed, or not be employed,

22 as the supervisor of a school by filing a written statement

23 describing the determination and the reasons the super24 visor believes such determination should be overturned. A

25 copy of such statement shall be submitted to the local
911

•HR 6 RFS

1 school board and such board shall be afforded an oppor2 tunity to respond, in writing, to such appeal. After review3 ing such written appeal and response, the Director may,

4 for good cause, overturn the determination of the local

5 school board. The Director shall transmit the determina6 tion of such appeal in the form of a written opinion to

7 such board and to such superintendent identifying the rea8 sons for overturning such determination.

9 ‘‘(3) The superintendent for education of an agency

10 office of the Bureau may appeal to the Director of the

11 Office any determination by the agency school board that

12 an individual be employed, or not be employed, in an edu13 cation position in such agency office by filing a written

14 statement describing the determination and the reasons

15 the supervisor believes such determination should be over16 turned. A copy of such statement shall be submitted to

17 the agency school board and such board shall be afforded

18 an opportunity to respond, in writing, to such appeal.

19 After reviewing such written appeal and response, the Di20 rector may, for good cause, overturn the determination of

21 the agency school board. The Director shall transmit the

22 determination of such appeal in the form of a written opin23 ion to such board and to such superintendent identifying

24 the reasons for overturning such determination.
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•HR 6 RFS

1 ‘‘(4) Any individual who applies at the local level for

2 an education position shall state on such individual’s ap3 plication whether or not such individual has applied at the

4 national level for an education position in the Bureau. If

5 such individual is employed at the local level, such individ6 ual’s name shall immediately be forwarded to the Sec7 retary, who shall, as soon as possible but in no event in

8 more than thirty days, ascertain the accuracy of the state9 ment made by such individual pursuant to the first sen10 tence of this subparagraph. If the individual’s statement

11 is found to have been false, such individual, at the Sec12 retary’s discretion, may be disciplined or discharged. If the

13 individual had applied at the national level for an edu14 cation position in the Bureau, if the appointment of such

15 individual at the local level shall be conditional for a period

16 of ninety days, during which period the Secretary may ap17 point a more qualified individual (as determined by the

18 Secretary) from the list maintained at the national level

19 pursuant to subsection (c)(1)(A)(ii) to the position to

20 which such individual was appointed.

21 ‘‘(5) Except as expressly provided, nothing in this

22 section shall be construed as conferring upon local school

23 boards, authority over, or control of, educators.
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•HR 6 RFS

1 ‘‘(e)(1) In prescribing regulations to govern the dis2 charge and conditions of employment of educators, the

3 Secretary shall require—

4 ‘‘(A) that procedures be established for the

5 rapid and equitable resolution of grievances of edu6 cators;

7 ‘‘(B) that no educator may be discharged with8 out notice of the reasons therefore and opportunity

9 for a hearing under procedures that comport with

10 the requirements of due process; and

11 ‘‘(C) educators employed in Bureau schools

12 shall be notified sixty days prior to the end of the

13 school year whether their employment contract will

14 be renewed for the coming year.

15 ‘‘(2) The supervisor of a Bureau school may dis16 charge (subject to procedures established under paragraph

17 (1)(B) for cause (as determined under regulations pre18 scribed by the Secretary) any educator employed in such

19 school. Upon giving notice of proposed discharge to an ed20 ucator, the supervisor involved shall immediately notify

21 the local school board for the school of such action. A de22 termination by the local school board that such educator

23 shall not be discharged shall be followed by the supervisor.

24 The supervisor shall have the right to appeal such action

25 to the superintendent for education of the appropriate
914

•HR 6 RFS

1 agency office of the Bureau. Upon such an appeal, the

2 agency superintendent for education may, for good cause

3 and in writing to the local school board, overturn the de4 termination of the local school board with respect to the

5 employment of such individual.

6 ‘‘(3) Each local school board for a Bureau school

7 shall have the right (A) to recommend to the supervisor

8 of such school that an educator employed in the school

9 be discharged, and (B) to recommend to the superintend10 ent of education of the appropriate agency office of the

11 Bureau and to the Director of the Office, that the super12 visor of the school be discharged.

13 ‘‘(f)(1) Notwithstanding any provision of the Indian

14 preference laws, such laws shall not apply in the case of

15 any personnel action within the purview of this section re16 specting an applicant or employee not entitled to Indian

17 preference if each tribal organization concerned grants, in

18 writing, a waiver of the application of such laws with re19 spect to such personnel action, where such a waiver is in

20 writing deemed to be a necessity by the tribal organiza21 tion, except that this shall in no way relieve the Bureau

22 of its responsibility to issue timely and adequate an23 nouncements and advertisements concerning any such per24 sonnel action if it is intended to fill a vacancy (no matter

25 how such vacancy is created).
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1 ‘‘(2) For purposes of this subsection, the term ‘tribal

2 organization’ means—

3 ‘‘(A) the recognized governing body of any In4 dian tribe, band, nation, pueblo, or other organized

5 community, including a Native village (as defined in

6 section 3(c) of the Alaska Native Claims Settlement

7 Act (43 U.S.C. 1602(c); 85 Stat. 688)); or

8 ‘‘(B) in connection with any personnel action

9 referred to in this subsection, any local school board

10 as defined in section 1139, and which has been dele11 gated by such governing body the authority to grant

12 a waiver under such subsection with respect to such

13 personnel action.

14 ‘‘(3) The term ‘Indian preference laws’ means section

15 12 of the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat.

16 986) or any other provision of law granting a preference

17 to Indians in promotions and other personnel actions, ex18 cept that such term shall not be considered to include sec19 tion 7(b) of the Indian Self-Determination and Education

20 Assistance Act (25 U.S.C. 450e(b); 88 Stat. 2295).

21 ‘‘(g) Subject to the authority of the Civil Service

22 Commission to determine finally the applicability of chap23 ter 51 of title 5, United States Code, to specific positions

24 and employees in the executive branch, the Secretary shall

25 determine in accordance with subsection (a)(1) the appli-
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•HR 6 RFS

1 cability or inapplicability of such chapter to positions and

2 employees in the Bureau.

3 ‘‘(h)(1)(A) Except as otherwise provided in this sec4 tion, the Secretary shall fix the basic compensation or an5 nual salary rate for educators and education positions at

6 rates comparable to the rates in effect under the General

7 Schedule for individuals with comparable qualifications,

8 and holding comparable positions, to whom chapter 51 is

9 applicable or on the basis of the Federal Wage System

10 schedule in effect for the locality.

11 ‘‘(B) By no later than October 28, 1988, the Sec12 retary shall establish, for contracts for the 1991–1992

13 academic year, and thereafter, the rates of basic com14 pensation, or annual salary rates, for the positions of

15 teachers and counselors (including dormitory counselors

16 and home-living counselors) at the rates of basic com17 pensation applicable (on the date of enactment of such

18 Amendments and thereafter) to comparable positions in

19 overseas schools under the Defense Department Overseas

20 Teachers Pay and Personnel Practices Act, unless the Sec21 retary establishes such rates within such 6-month period

22 through collective bargaining with the appropriate union

23 representative of the education employees that is recog24 nized by the Bureau.
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•HR 6 RFS

1 ‘‘(C) By no later than October 28, 1988, the Sec2 retary shall establish the rates of basic compensation or

3 annual salary rates for the positions of teachers and coun4 selors (including dormitory and home-living counselors)—

5 ‘‘(i) for contracts for the 1989–1990 academic

year, at rates which reflect 1 6 ⁄3 of the changes in the

7 rates applicable to such positions on April 28, 1988,

8 that must be made to conform the rates to the rates

9 established under subparagraph (B) for such posi10 tions for contracts for the 1991–1992 academic

11 year, and

12 ‘‘(ii) for contracts for the 1990–1991 academic

year, at rates which reflect 2 13 ⁄3 of such changes.

14 ‘‘(D) The establishment of rates of basic compensa15 tion and annual salary rates by the Secretary under sub16 paragraphs (B) and (C) shall not preclude the use of regu17 lations and procedures used by the Bureau before the en18 actment of the Indian Education Amendments of 1988 in

19 making determinations regarding promotions and ad20 vancements through levels of pay that are based on the

21 merit, education, experience, or tenure of the educator.

22 ‘‘(E)(i) Except as provided in clause (ii), the estab23 lishment of rates of basic compensation and annual salary

24 rates by the Secretary under subparagraphs (B) and (C)

25 shall not affect the continued employment or compensa-
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•HR 6 RFS

1 tion of an educator who was employed in an education po2 sition on October 31, 1979, and who did not make the

3 election under paragraph (2) of subsection (o).

4 ‘‘(ii) Any individual described in clause (i) may, dur5 ing the 5-year period beginning on the date on which the

6 Secretary establishes rates of basic compensation and an7 nual salary rates under subparagraph (B), make an irrev8 ocable election to have the basic compensation rate or an9 nual salary rate of such individual determined in accord10 ance with this paragraph.

11 ‘‘(iii) If an individual makes the election described in

12 clause (ii), such election shall not affect the application

13 to the individual of the same retirement system and leave

14 system that applies to the individual during the fiscal year

15 preceding the fiscal year in which such election is made,

16 except that the individual must use leave accrued during

17 a contract period by the end of that contract period.

18 ‘‘(F) The President shall include with the budget sub19 mitted under section 1105 of title 31, United States Code,

20 for each of the fiscal years 1990, 1991, and 1992 a writ21 ten statement by the Secretary which specifies—

22 ‘‘(i) the amount of funds the Secretary needs to

23 pay basic compensation and the annual salaries of

24 educators for such fiscal year, and
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•HR 6 RFS

1 ‘‘(ii) the amount of funds the Secretary esti2 mates would be needed to pay basic compensation

3 and the annual salaries of educators for such fiscal

4 year if the amendments made to this paragraph by

5 the Indian Education Amendments of 1988 had not

6 been enacted.

7 ‘‘(2) Each educator employed in an education posi8 tion in Alaska shall be paid a cost-of-living allowance equal

9 to 25 per centum of the rate of basic compensation to

10 which such educator is entitled.

11 ‘‘(3)(A) The Secretary may pay a postdifferential not

12 to exceed 25 per centum of the rate of basic compensation,

13 on the basis of conditions of environment or work which

14 warrant additional pay as a recruitment and retention

15 incentive.

16 ‘‘(B)(i) Upon the request of the supervisor and the

17 local school board of a Bureau school, the Secretary shall

18 grant the supervisor of the school authorization to provide

19 1 or more post differentials under subparagraph (A) un20 less the Secretary determines for clear and convincing rea21 sons (and advises the board in writing of those reasons)

22 that certain of the requested post differentials should be

23 disapproved or decreased because there is no disparity of

24 compensation for the involved employees or positions in
920

•HR 6 RFS

1 the Bureau school, as compared with the nearest public

2 school, that is either—

3 ‘‘(I) at least 5 percent, or

4 ‘‘(II) less than 5 percent and affects the re5 cruitment or retention of employees at the school.

6 The request under this subparagraph shall be deemed

7 granted as requested at the end of the 60th day after the

8 request is received in the Central Office of the Bureau

9 unless before that time it is approved, approved with modi10 fication, or disapproved by the Secretary.

11 ‘‘(ii) The Secretary or the supervisor of a Bureau

12 school may discontinue or decrease a post differential au13 thorized by reason of this subparagraph at the beginning

14 of a school year after either—

15 ‘‘(I) the local school board requests that it be

16 discontinued or decreased, or

17 ‘‘(II) the Secretary or the supervisor determines

18 for clear and convincing reasons (and advises the

19 board in writing of those reasons) that there is no

20 disparity of compensation that would affect the re21 cruitment or retention of employees at the school

22 after the differential is discontinued or decreased.

23 ‘‘(iii) On or before February 1 of each year, the Sec24 retary shall submit to Congress a report describing the

25 requests and grants of authority under this subparagraph
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•HR 6 RFS

1 during the previous fiscal year and listing the positions

2 contracted under those grants of authority.

3 ‘‘(i) Any individual—

4 ‘‘(1) who on the date of enactment of this Act

5 is holding a position which is determined under sub6 section (f) to be an education position and who

7 elects under subsection (o)(2) to be covered under

8 the provisions of this section, or

9 ‘‘(2) who is an employee of the Federal Govern10 ment or the municipal government of the District of

11 Columbia and is transferred, promoted, or

12 reappointed, without break in service, from a posi13 tion under a different leave system to an education

14 position,

15 shall be credited for the purpose of the leave system pro16 vided under regulations prescribed pursuant to subsection

17 (b)(10), with the annual and sick leave to his credit imme18 diately before the effective date of such election, transfer,

19 promotion, or reappointment.

20 ‘‘(j) Upon termination of employment with the Bu21 reau, any annual leave remaining to the credit of an indi22 vidual within the purview of this section shall be liquidated

23 in accordance with sections 5551(a) and 6306 of title 5,

24 United States Code, except that leave earned or accrued
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•HR 6 RFS

1 under regulations prescribed pursuant to subsection

2 (b)(10) shall not be so liquidated.

3 ‘‘(k) In the case of any educator who is transferred,

4 promoted, or reappointed, without break in service, to a

5 position in the Federal Government under a different leave

6 system, any remaining leave to the credit of such person

7 earned or credited under the regulations prescribed pursu8 ant to subsection (b)(10) shall be transferred to his credit

9 in the employing agency on an adjusted basis in accord10 ance with regulations which shall be prescribed by the

11 Civil Service Commission.

12 ‘‘(l) An educator who voluntarily terminates employ13 ment with the Bureau before the expiration of the existing

14 employment contract between such educator and the Bu15 reau shall not be eligible to be employed in another edu16 cation position in the Bureau during the remainder of the

17 term of such contract.

18 ‘‘(m) In the case of any educator employed in an edu19 cation position described in subsection (n)(1)(A) who—

20 ‘‘(1) is employed at the close of a school year,

21 ‘‘(2) agrees in writing to serve in such a posi22 tion for the next school year, and

23 ‘‘(3) is employed in another position during the

24 recess period immediately preceding such next school

25 year, or during such recess period receives additional
923

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1 compensation referred to in subsection (g)(2) or

2 (g)(3), section 5533 of title 5, United States Code,

3 relating to dual compensation, shall not apply to

4 such educator by reason of any such employment

5 during a recess period for any such receipt of addi6 tional compensation.

7 ‘‘(n) For the purpose of this section—

8 ‘‘(1) The term ‘education position’ means a po9 sition in the Bureau the duties and responsibilities

10 of which—

11 ‘‘(A) are performed on a school-year basis

12 principally in a Bureau school and involve—

13 ‘‘(i) classroom or other instruction or

14 the supervision or direction of classroom or

15 other instruction;

16 ‘‘(ii) any activity (other than teach17 ing) which requires academic credits in

18 educational theory and practice equal to

19 the academic credits in educational theory

20 and practice required for a bachelor’s de21 gree in education from an accredited insti22 tution of higher education;

23 ‘‘(iii) any activity in or related to the

24 field of education notwithstanding that

25 academic credits in educational theory and
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•HR 6 RFS

1 practice are not a formal requirement for

2 the conduct of such activity; or

3 ‘‘(iv) support services at, or associated

4 with, the site of the school; or

5 ‘‘(B) are performed at the agency level of

6 the Bureau and involve the implementation of

7 education-related programs other than the posi8 tion for agency superintendent for education.

9 ‘‘(2) The term ‘educator’ means an individual

10 whose services are required, or who is employed, in

11 an education position.

12 ‘‘(o)(1) Subsections (a) through (n) of this section

13 apply to an educator hired after November 1, 1979 (and

14 to an educator who elected application under paragraph

15 (2)) and to the position in which such individual is em16 ployed. Subject to paragraph (2), the enactment of this

17 Act shall not affect the continued employment of an indi18 vidual employed on October 31, 1979 in an education posi19 tion, or such individual’s right to receive the compensation

20 attached to such position.

21 ‘‘(2) Any individual employed in an education posi22 tion on October 31, 1979, may, not later than November

23 1, 1983, make an irrevocable election to be covered under

24 the provisions of subsection (a) through (n) of this section.
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•HR 6 RFS

1 ‘‘(p)(1) An educator who was employed in an edu2 cation position on October 31, 1979, who was eligible to

3 make an election under paragraph (2) of subsection (o)

4 at that time, and who did not make the election under

5 paragraph (2) of subsection (o), may not be placed on fur6 lough (within the meaning of section 7511(a)(5) of title

7 5, United States Code) without the consent of such educa8 tor for an aggregate of more than 4 weeks within the same

9 calendar year, unless—

10 ‘‘(A) the supervisor, with the approval of the

11 local school board (or of the agency superintendent

12 for education upon appeal under paragraph (2)), of

13 the Bureau school at which such educator provides

14 services determines that a longer period of furlough

15 is necessary due to an insufficient amount of funds

16 available for personnel compensation at such school,

17 as determined under the financial plan process as

18 determined under section 1129(b) of this Act, and

19 ‘‘(B) all educators (other than principals and

20 clerical employees) providing services at such Bureau

21 school are placed on furloughs of equal length, ex22 cept that the supervisor, with the approval of the

23 local school board (or of the agency superintendent

24 for education upon appeal under paragraph (2)),

25 may continue 1 or more educators in pay status if
926

•HR 6 RFS

1 (i) they are needed to operate summer programs, at2 tend summer training sessions, or participate in spe3 cial activities including (but not limited to) curricu4 lum development committees, and (ii) they are se5 lected based upon their qualifications, after public

6 notice of the minimum qualifications reasonably nec7 essary and without discrimination as to supervisory,

8 nonsupervisory, or other status of the educators who

9 apply.

10 ‘‘(2) The supervisor of a Bureau school may appeal

11 to the appropriate agency superintendent for education

12 any refusal by the local school board to approve any deter13 mination of the supervisor that is described in paragraph

14 (1)(A) by filing a written statement describing the deter15 mination and the reasons the supervisor believes such de16 termination should be approved. A copy of such statement

17 shall be submitted to the local school board and such

18 board shall be afforded an opportunity to respond, in writ19 ing, to such appeal. After reviewing such written appeal

20 and response, the superintendent may, for good cause, ap21 prove the determination of the supervisor. The super22 intendent shall transmit the determination of such appeal

23 in the form of a written opinion to such local school board

24 and to the supervisor identifying the reasons for approving

25 such determination.
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1 ‘‘SEC. 1133. MANAGEMENT INFORMATION SYSTEM.

2 ‘‘The Secretary shall establish within the Office, with3 in 1 year after the date of the enactment of the Indian

4 Education Amendments of 1984, a computerized manage5 ment information system, which shall provide information

6 to the Office. Such information shall include but shall not

7 be limited to—

8 ‘‘(1) student enrollment;

9 ‘‘(2) curriculum;

10 ‘‘(3) staff;

11 ‘‘(4) facilities;

12 ‘‘(5) community demographics;

13 ‘‘(6) student assessment information; and

14 ‘‘(7) information on the administrative and pro15 gram costs attributable to each Bureau program, di16 vided into discreet elements.

17 ‘‘SEC. 1134. BUREAU EDUCATION POLICIES.

18 ‘‘Within 180 days of the date of enactment of this

19 Act, the Secretary shall develop, publish in the Federal

20 Register, and submit to all agency and area offices of the

21 Bureau, all tribal governments, and the appropriate com22 mittees of the Congress, a draft set of education policies,

23 procedures, and practices for education-related action of

24 the Bureau. The Secretary shall, within 1 year of the date

25 of enactment of this Act, provide that such uniform poli26 cies, procedures, and practices shall be finalized and pro-
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•HR 6 RFS

1 mulgated. Thereafter, such policies, procedures, and prac2 tices and their periodic revisions, shall serve as the foun3 dation for future Bureau actions in education.

4 ‘‘SEC. 1135. UNIFORM EDUCATION PROCEDURES AND PRAC5 TICES.

6 ‘‘The Secretary shall cause the various divisions of

7 the Bureau to formulate uniform procedures and practices

8 with respect to such concerns of those divisions as relate

9 to education, and shall report such practices and proce10 dures to the Congress.

11 ‘‘SEC. 1136. RECRUITMENT OF INDIAN EDUCATORS.

12 ‘‘The Secretary shall institute a policy for the recruit13 ment of qualified Indian educators and a detailed plan to

14 promote employees from within the Bureau. Such plan

15 shall include opportunities for acquiring work experience

16 prior to actual work assignment.

17 ‘‘SEC. 1137. ANNUAL REPORT.

18 ‘‘(a) The Secretary shall submit to each appropriate

19 committee of the Congress a detailed annual report on the

20 state of education within the Bureau and any problems

21 encountered in the field of education during the year. Such

22 report shall contain suggestions for improving the Bureau

23 educational system and increasing local Indian control of

24 such system. Such report shall also include the current

25 status of tribally controlled community colleges. The an-
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•HR 6 RFS

1 nual budget submission for the Bureau’s education pro2 grams shall, among other things, include (1) information

3 on the funds provided previously private schools under sec4 tion 208 of the Indian Self-Determination and Education

5 Assistance Act (25 U.S.C. 458d; 88 Stat. 2216) and rec6 ommendations with respect to the future use of such

7 funds; (2) the needs and costs of operation and mainte8 nance of tribally controlled community colleges eligible for

9 assistance under the Tribally Controlled Community Col10 lege Assistance Act of 1978 (92 Stat. 1325; 25 U.S.C.

11 1801 et seq.) and recommendations with respect to meet12 ing such needs and costs; and (3) the plans required by

13 section 1121(f), and 1122(c); and 1125(b) of this Act (25

14 U.S.C. 2001(f), 2002(c), and 2005(b)).

15 ‘‘(b) The Inspector General of the Department of the

16 Interior shall establish a system to ensure that financial

17 and compliance audits are conducted of each Bureau

18 school at least once in every three years. Audits of Bureau

19 schools shall be based upon the extent to which such

20 school has complied with its local financial plan under

21 section 1129.

22 ‘‘SEC. 1138. RIGHTS OF INDIAN STUDENTS.

23 ‘‘Within six months of the date of enactment of this

24 Act, the Secretary shall prescribe such rules and regula25 tions as are necessary to insure the constitutional and civil
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•HR 6 RFS

1 rights of Indian students attending Bureau schools, in2 cluding, but not limited to, their right to privacy under

3 the laws of the United States, their right to freedom of

4 religion and expression and their right to due process in

5 connection with disciplinary actions, suspensions, and ex6 pulsions.

7 ‘‘SEC. 1139. REGULATIONS.

8 ‘‘Regulations required to be adopted under sections

9 1126 through 1138 and any revisions of the standards de10 veloped under section 1121 or 1122 of this Act shall be

11 deemed rules of general applicability prescribed for the ad12 ministration of an applicable program for the purposes of

13 section 431 of the General Education Provisions Act and

14 shall be promulgated, submitted for congressional review,

15 and take effect in accordance with the provisions of such

16 section. Such regulations shall contain, immediately fol17 lowing each substantive provision of such regulations, cita18 tions to the particular section or sections of statutory law

19 or other legal authority upon which such provision is

20 based.

21 ‘‘SEC. 1140. DEFINITIONS.

22 ‘‘For the purpose of this part—

23 ‘‘(1) the term ‘agency school board’ means a

24 body, the members of which are appointed by the

25 school boards of the schools located within such
931

•HR 6 RFS

1 agency, and the number of such members shall be

2 determined by the Secretary in consultation with the

3 affected tribes, except that, in agencies serving a

4 single school, the school board of such school shall

5 fulfill these duties;

6 ‘‘(2) the term ‘Bureau’ means the Bureau of

7 Indian Affairs of the Department of the Interior;

8 ‘‘(3) the term ‘Bureau funded school’ means—

9 ‘‘(A) a Bureau school;

10 ‘‘(B) a contract school; or

11 ‘‘(C) a school for which assistance is pro12 vided under the Tribally Controlled Schools Act

13 of 1988;

14 ‘‘(4) the term ‘Bureau school’ means a Bureau

15 operated elementary or secondary day or boarding

16 school or a Bureau operated dormitory for students

17 attending a school other than a Bureau school;

18 ‘‘(5) the term ‘contract school’ means an ele19 mentary or secondary school or a dormitory which

20 receives financial assistance for its operation under

21 a contract or agreement with the Bureau under sec22 tion 102, 103(a), or 208 of the Indian Self-Deter23 mination and Education Assistance Act (25 U.S.C.

24 450f, 450h(a), and 458d);
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•HR 6 RFS

1 ‘‘(6) the term ‘education line officer’ means

2 education personnel under the supervision of the Di3 rector, whether located in central, area, or agency

4 offices;

5 ‘‘(7) the term ‘financial plan’ means a plan of

6 services to be provided by each Bureau school;

7 ‘‘(8) the term ‘grant school’ means a school

8 which is provided assistance under the Tribally Con9 trolled Schools Act of 1988;

10 ‘‘(9) the term ‘Indian organization’ means any

11 group, association, partnership, corporation, or other

12 legal entity owned or controlled by a federally recog13 nized Indian tribe or tribes, or a majority of whose

14 members are members of federally recognized Indian

15 tribes;

16 ‘‘(10) the term ‘local educational agency’ means

17 a board of education or other legally constituted

18 local school authority having administrative control

19 and direction of free public education in a county,

20 township, independent, or other school district lo21 cated within a State, and includes any State agency

22 which directly operates and maintains facilities for

23 providing free public education;

24 ‘‘(11) the term ‘local school board’, when used

25 with respect to a Bureau school, means a body cho-
933

•HR 6 RFS

1 sen in accordance with the laws of the tribe to be

2 served or, in the absence of such laws, elected by the

3 parents of the Indian children attending the school,

4 except that in schools serving a substantial number

5 of students from different tribes, the members shall

6 be appointed by the governing bodies of the tribes

7 affected; and the number of such members shall be

8 determined by the Secretary in consultation with the

9 affected tribes;

10 ‘‘(12) the term ‘Office’ means the Office of In11 dian Education Programs within the Bureau;

12 ‘‘(13) the term ‘Secretary’ means the Secretary

13 of the Interior;

14 ‘‘(14) the term ‘supervisor’ means the individ15 ual in the position of ultimate authority at a Bureau

16 school; and

17 ‘‘(15) the term ‘tribe’ means any Indian tribe,

18 band, nation, or other organized group or commu19 nity, including any Alaska Native village or regional

20 or village corporation as defined in or established

21 pursuant to the Alaska Native Claims Settlement

22 Act (85 Stat. 688) which is recognized as eligible for

23 the special programs and services provided by the

24 United States to Indians because of their status as

25 Indians.
934

•HR 6 RFS

1 ‘‘SEC. 1141. VOLUNTARY SERVICES.

2 ‘‘Notwithstanding section 1342 of title 31, United

3 States Code, the Secretary may, subject to the approval

4 of the local school board concerned, accept voluntary serv5 ices on behalf of Bureau schools. Nothing in this title shall

6 be construed to require Federal employees to work without

7 compensation or to allow the use of volunteer services to

8 displace or replace Federal employees. An individual pro9 viding volunteer services under this section is a Federal

10 employee only for purposes of chapter 81 of title 5, United

11 States Code, and chapter 171 of title 28, United States

12 Code.

13 ‘‘SEC. 1142. PRORATION OF PAY.

14 ‘‘(a) Notwithstanding any other provision of law, in15 cluding laws relating to dual compensation, the Secretary,

16 at the election of the employee, shall prorate the salary

17 of an employee employed in an education position for the

18 academic school-year over the entire twelve month period.

19 Each educator employed for the academic school-year shall

20 annually elect to be paid on a twelve month basis or for

21 those months while school is in session. No educator shall

22 suffer a loss of pay or benefits, including benefits under

23 unemployment or other Federal or federally-assisted pro24 grams, because of such election.

25 ‘‘(b) During the course of such year the employee

26 may change election once.
935

•HR 6 RFS

1 ‘‘(c) That portion of the employee’s pay which would

2 be paid between academic school years may be paid in

3 lump sum at the election of the employee.

4 ‘‘(d) For the purposes of this section the terms ‘edu5 cator’ and ‘education position’ have the meaning contained

6 in section 1132(n)(1) and (n)(2) of this title. This section

7 applies to those individuals employed under the provisions

8 of section 1132 of this title or title 5, United States Code.

9 ‘‘SEC. 1143. EXTRACURRICULAR ACTIVITIES.

10 ‘‘(a) Notwithstanding any other provision of law, the

11 Secretary may provide, for each Bureau area, a stipend

12 in lieu of overtime premium pay or compensatory time off.

13 Any employee of the Bureau who performs additional ac14 tivities to provide services to students or otherwise support

15 the school’s academic and social programs may elect to

16 be compensated for all such work on the basis of the sti17 pend. Such stipend shall be paid as a supplement to the

18 employee’s base pay.

19 ‘‘(b) If an employee elects not to be compensated

20 through the stipend established by this section, the appro21 priate provisions of title 5, United States Code, shall

22 apply.

23 ‘‘(c) This section applies to all Bureau employees,

24 whether employed under section 1132 of this title or title

25 5, United States Code.
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1 ‘‘SEC. 1144. EARLY CHILDHOOD DEVELOPMENT PROGRAM.

2 ‘‘(a) The Secretary shall provide grants to tribes,

3 tribal organizations, and consortia of tribes and tribal or4 ganizations to fund early childhood development programs

5 that are operated by such tribes, organizations, or consor6 tia.

7 ‘‘(b)(1) The total amount of the grants provided

8 under subsection (a) with respect to each tribe, tribal or9 ganization, or consortium of tribes or tribal organizations

10 for each fiscal year shall be equal to the amount which

11 bears the same relationship to the total amount appro12 priated under the authority of subsection (f) for such fis13 cal year (less amounts provided under subsection (e)) as—

14 ‘‘(A) the total number of children under 6 years

15 of age who are members of—

16 ‘‘(i) such tribe,

17 ‘‘(ii) the tribe that authorized such tribal

18 organization, or

19 ‘‘(iii) any tribe that—

20 ‘‘(I) is a member of such consortium,

21 or

22 ‘‘(II) authorizes any tribal organiza23 tion that is a member of such consortium,

24 bears to

25 ‘‘(B) the total number of all children under 6

26 years of age who are members of any tribe that—
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•HR 6 RFS

1 ‘‘(i) is eligible to receive funds under sub2 section (a),

3 ‘‘(ii) is a member of a consortium that is

4 eligible to receive such funds, or

5 ‘‘(iii) authorizes a tribal organization that

6 is eligible to receive such funds.

7 ‘‘(2) No grant may be provided under subsection

8 (a)—

9 ‘‘(A) to any tribe that has less than 500 mem10 bers,

11 ‘‘(B) to any tribal organization which is author12 ized—

13 ‘‘(i) by only 1 tribe that has less than 500

14 members, or

15 ‘‘(ii) by 1 or more tribes that have a com16 bined total membership of less than 500 mem17 bers, or

18 ‘‘(C) to any consortium composed of tribes, or

19 tribal organizations authorized by tribes, that have

20 a combined total tribal membership of less than 500

21 members.

22 ‘‘(c)(1) A grant may be provided under subsection (a)

23 to a tribe, tribal organization, or consortia of tribes and

24 tribal organizations only if the tribe, organization or con25 sortia submits to the Secretary an application for the
938

•HR 6 RFS

1 grant at such time and in such form as the Secretary shall

2 prescribe.

3 ‘‘(2) Applications submitted under paragraph (1)

4 shall set forth the early childhood development program

5 that the applicant desires to operate.

6 ‘‘(d) The early childhood development programs that

7 are funded by grants provided under subsection (a)—

8 ‘‘(1) shall coordinate existing programs and

9 may provide services that meet identified needs of

10 parents and children under 6 years of age which are

11 not being met by existing programs, including—

12 ‘‘(A) prenatal care,

13 ‘‘(B) nutrition education,

14 ‘‘(C) health education and screening,

15 ‘‘(D) educational testing, and

16 ‘‘(E) other educational services,

17 ‘‘(2) may include instruction in the language,

18 art, and culture of the tribe, and

19 ‘‘(3) shall provide for periodic assessment of the

20 program.

21 ‘‘(e) The Secretary shall, out of funds appropriated

22 under the authority of subsection (f), include in the grants

23 provided under subsection (a) amounts for administrative

24 costs incurred by the tribe or tribal organization in estab-
939

•HR 6 RFS

1 lishing and maintaining the early childhood development

2 program.

3 ‘‘(f) For the purpose of carrying out the provisions

4 of this section, there are authorized to be appropriated

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

6 be necessary for each of the fiscal years 1996, 1997, 1998,

7 and 1999.

8 ‘‘SEC. 1145. TRIBAL DEPARTMENTS OF EDUCATION.

9 ‘‘(a) Subject to the availability of appropriations, the

10 Secretary shall provide grants and technical assistance to

11 tribes for the development and operation of tribal depart12 ments of education for the purpose of planning and coordi13 nating all educational programs of the tribe.

14 ‘‘(b) Grants provided under this section shall—

15 ‘‘(1) be based on applications from the govern16 ing body of the tribe,

17 ‘‘(2) reflect factors such as geographic and pop18 ulation diversity,

19 ‘‘(3) facilitate tribal control in all matters relat20 ing to the education of Indian children on Indian

21 reservations and on former Indian reservations in

22 Oklahoma,

23 ‘‘(4) provide for the development of coordinated

24 educational programs on Indian reservations (includ25 ing all preschool, elementary, secondary, and higher
940

•HR 6 RFS

1 or vocational educational programs funded by tribal,

2 Federal, or other sources) by encouraging tribal ad3 ministrative support of all Bureau funded edu4 cational programs as well as encouraging tribal co5 operation and coordination with all educational pro6 grams receiving financial support from State agen7 cies, other Federal agencies, or private entities,

8 ‘‘(5) provide for the development and enforce9 ment of tribal educational codes, including tribal

10 educational policies and tribal standards applicable

11 to curriculum, personnel, students, facilities, and

12 support programs, and

13 ‘‘(6) otherwise comply with regulations for

14 grants under section 103(a) of the Indian Self-De15 termination and Educational Assistance Act (25

16 U.S.C. 450h) that are in effect on the date applica17 tion for such grants are made.

18 ‘‘(c)(1) In approving and funding applications for

19 grants under this section, the Secretary shall give priority

20 to any application that—

21 ‘‘(A) includes assurances from the majority of

22 Bureau funded schools located within the boundaries

23 of the reservation of the applicant that the tribal de24 partment of education to be funded under this sec25 tion will provide coordinating services and technical
941

•HR 6 RFS

1 assistance to all of such schools, including (but not

2 limited to) the submission to each applicable agency

3 of a unified application for funding for all of such

4 schools which provides that—

5 ‘‘(i) no administrative costs other than

6 those attributable to the individual programs of

7 such schools will be associated with the unified

8 application, and

9 ‘‘(ii) the distribution of all funds received

10 under the unified application will be equal to

11 the amount of funds provided by the applicable

12 agency to which each of such schools is entitled

13 under law,

14 ‘‘(B) includes assurances from the tribal gov15 erning body that the tribal department of education

16 funded under this section will administer all con17 tracts or grants (except those covered by the other

18 provisions of this title and the Tribally Controlled

19 Community College Assistance Act of 1978) for edu20 cation programs administered by the tribe and will

21 coordinate all of the programs to the greatest extent

22 possible,

23 ‘‘(C) includes assurances for the monitoring

24 and auditing by or through the tribal department of

25 education of all education programs for which funds
942

•HR 6 RFS

1 are provided by contract or grant to ensure that the

2 programs meet the requirements of law, and

3 ‘‘(D) provides a plan and schedule for—

4 ‘‘(i) the assumption over the term of the

5 grant by the tribal department of education of

6 all assets and functions of the Bureau agency

7 office associated with the tribe, insofar as those

8 responsibilities relate to education, and

9 ‘‘(ii) the termination by the Bureau of

10 such operations and office at the time of such

11 assumption,

12 but when mutually agreeable between the tribal gov13 erning body and the Assistant Secretary, the period

14 in which such assumption is to occur may be modi15 fied, reduced, or extended after the initial year of

16 the grant.

17 ‘‘(2) Subject to the availability of appropriated funds,

18 grants provided under this section shall be provided for

19 a period of 3 years and the grant may, if performance

20 by the grantee is satisfactory to the Secretary, be renewed

21 for additional 3-year terms.

22 ‘‘(d) The Secretary shall not impose any terms, condi23 tions, or requirements on the provision of grants under

24 this section that are not specified in this section.
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•HR 6 RFS

1 ‘‘(e) For the purpose of carrying out the provisions

2 of this section, there are authorized to be appropriated

3 $2,000,000 for fiscal year 1995 and such sums as may

4 be necessary for each of the fiscal years 1996, 1997, 1998,

5 and 1999.

6 ‘‘SEC. 1146. PAYMENTS.

7 ‘‘(a)(1) Except as otherwise provided in this sub8 section, the Secretary shall make payments to grantees

9 under this part in 2 payments—

10 ‘‘(A) one payment to be made no later than

11 July 1 of each year in an amount equal to one-half

12 of the amount which the grantee was entitled to re13 ceive during the preceding academic year, and

14 ‘‘(B) the second payment, consisting of the re15 mainder to which the grantee is entitled for the aca16 demic year, shall be made no later than December

17 1 of each year.

18 ‘‘(2) For any school for which no payment was made

19 from Bureau funds in the preceding academic year, full

20 payment of the amount computed for the first academic

21 year of eligibility under this part shall be made no later

22 than December 1 of the academic year.

23 ‘‘(3) With regard to funds for grantees that become

24 available for obligation on October 1 of the fiscal year for

25 which they are appropriated, the Secretary shall make
944

•HR 6 RFS

1 payments to grantees no later than December 1 of the

2 fiscal year.

3 ‘‘(4) The provisions of the Prompt Payment Act (31

4 U.S.C. 3901 et seq.) shall apply to the payments required

5 to be made by paragraphs (1), (2), and (3) of this sub6 section.’’.

7 (b) Paragraph (3) is amended by striking ‘‘Para8 graphs (1) and (2)’’ and inserting in lieu thereof ‘‘Para9 graphs (1), (2), and (3)’’, and is renumbered as paragraph

10 ‘‘(5)’’.

11 SEC. 352. APPLICATION WITH RESPECT TO INDIAN SELF12 DETERMINATION AND EDUCATION ASSIST13 ANCE ACT.

14 Section 5209(a) of the Tribally Controlled Schools

15 Act of 1988 (25 U.S.C. 2508(a)) is amended to read as

16 follows:

17 ‘‘(a) CERTAIN PROVISIONS TO APPLY TO GRANTS.—

18 All provisions of section 5, 6, 7, 104, 105(f), 109, and

19 111 of the Indian Self-Determination and Education As20 sistance Act, except those provisions relating to indirect

21 costs and length of contract, shall apply to grants provided

22 under this part.’’.

23 SEC. 353. PAYMENTS.

24 Section 5209(e) of Public Law 100–297, the Tribally

25 Controlled Schools Act of 1988, is amended—
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1 (1) by striking ‘‘the amount of the grant under

2 section 5205 (and the amount of funds referred to

3 in that section), any payments to be made under

4 section 5208 of this Act,’’ and inserting in lieu

5 thereof: ‘‘a grant authorized to be made pursuant to

6 this part or any amendment to such grant’’;

7 (2) by striking ‘‘the amount of, or payment of,

8 the administrative grant’’ and inserting in lieu there9 of ‘‘an administrative cost grant’’; and

10 (3) by adding at the end thereof ‘‘and the

11 Equal Access to Justice Act shall apply to adminis12 trative appeals filed after January 1, 1994, by

13 grantees regarding the Tribally Controlled Schools

14 Grant and Administrative Cost Grants.’’.

15 SEC. 354. ENDOWMENT FUNDS.

16 Section 302 of Public Law 95–471, the Tribally Con17 trolled Community Colleges Assistance Act of 1978, is

18 amended—

19 (1) in subsection (a), by striking ‘‘section 333’’

20 and inserting in lieu thereof ‘‘section 331’’;

21 (2) in subsection (b), by deleting paragraph (1)

22 and inserting in lieu thereof the following:

23 ‘‘(1) provides for the investment and mainte24 nance of funds covered by such endowment account

25 under the same conditions and limitations as are in
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1 section 331 of the Higher Education Act and the

2 regulations implementing such provisions in effect at

3 the time such funds are invested;’’; and

4 (3) in subsection (b)(3) by striking ‘‘same’’ the

5 first time it appears.

6 SEC. 355. HIGHER EDUCATION AMENDMENTS OF 1992.

7 Section 1518 of title XV of the Higher Education

8 Amendments of 1992 (relating to the Santa Fe Arts Insti9 tute) is amended—

10 (1) in subsection (b), by adding at the end the

11 following new paragraph:

12 ‘‘(6) For the purpose of complying with the

13 contribution requirement in this subsection, the In14 stitute may use funds or in-kind contributions of

15 real or personal property. For the purposes of this

16 paragraph, all contributions, in-kind and real estate,

17 which are on hand as of November 29, 1990, and

18 which were received after June 2, 1988, but which

19 have not been included in their entirety in computa20 tions under this section shall be eligible for matching

21 with Federal funds appropriated in any year.’’; and

22 (2) in subsection (c), by striking paragraph (1)

23 and inserting in lieu thereof the following:

24 ‘‘(1) Funds in the trust funds described in sub25 sections (a) and (b) shall be invested under the same
947

•HR 6 RFS

1 conditions and limitations as are in section 331 of

2 the Higher Education Act, and the regulations im3 plementing such provisions in effect at the time such

4 funds are invested.’’.

5 TITLE IV—NATIONAL

6 EDUCATION STATISTICS

7 SEC. 401. SHORT TITLE.

8 This title may be cited as the ‘‘National Education

9 Statistics Act of 1994’’.

10 SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.

11 (a) FINDINGS.—The Congress finds that—

12 (1) a Department of Education was established

13 in 1867 ‘‘for the purpose of collecting such statistics

14 and facts as shall show the condition and progress

15 of education in the several States and territories,

16 and of diffusing such information respecting the or17 ganization and management of schools and school

18 systems and methods of teaching as shall aid the

19 people of the United States in the establishment and

20 maintenance of efficient school systems, and other21 wise promote the cause of education throughout the

22 country’’;

23 (2) today, while the role of the current Depart24 ment of Education is much broader, the National

25 Center for Education Statistics within the Depart-
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1 ment’s Office of Educational Research and Improve2 ment continues to perform those crucial original

3 purposes; and

4 (3) looking to the 21st century, the National

5 Center for Education Statistics must be able to de6 sign and undertake, effectively and efficiently, statis7 tical activities that will aid in reform of the Nation’s

8 educational systems.

9 (b) PURPOSE.—It is the purpose of this title to en10 sure the continuation of an effective mechanism for col11 lecting and reporting statistics and information showing

12 the condition and progress of education in the United

13 States and other nations in order to promote and acceler14 ate the improvement of American education.

15 (c) DEFINITIONS.—For the purpose of this title, the

16 term—

17 (1) ‘‘Assistant Secretary’’ means the Assistant

18 Secretary for Educational Research and Improve19 ment, provided for under section 202(b)(1)(E) of the

20 Department of Education Organization Act;

21 (2) ‘‘Department’’ means the Department of

22 Education;

23 (3) ‘‘institution of higher education’’ has the

24 same meaning given such term in section 1201 of

25 the Higher Education Act of 1965;
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1 (4) ‘‘local educational agency’’ has the same

2 meaning given such term in section 9101(13) of the

3 Elementary and Secondary Education Act of 1965;

4 (5) ‘‘Secretary’’ means the Secretary of Edu5 cation;

6 (6) ‘‘State educational agency’’ has the same

7 meaning given such term in section 9101(20) of the

8 Elementary and Secondary Education Act of 1965;

9 and

10 (7) ‘‘United States’’ and ‘‘State’’ mean—

11 (A) other than for the purpose of section

12 411, each of the 50 States, the District of Co13 lumbia, and the Commonwealth of Puerto Rico;

14 and

15 (B) for the purpose of section 411, mean

16 the same as in subparagraph (A) and include

17 Guam, American Samoa, the Virgin Islands, the

18 Commonwealth of the Northern Mariana Is19 lands, and the Republic of Palau (until the ef20 fective date of the Compact of Free Association

21 with the Government of Palau).

22 SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.

23 (a) ESTABLISHMENT.—There is established, within

24 the Office of Educational Research and Improvement es25 tablished under section 209 of the Department of Edu-
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1 cation Organization Act, a National Center for Education

2 Statistics (the ‘‘Center’’).

3 (b) COMMISSIONER AND ASSOCIATE COMMIS4 SIONERS.—(1) The Center shall be headed by a Commis5 sioner of Education Statistics (the ‘‘Commissioner’’) who

6 shall be appointed by the President, by and with the advice

7 and consent of the Senate, and who shall—

8 (A) have substantial knowledge of programs en9 compassed by the Center;

10 (B) be paid in accordance with section 5315 of

11 title 5, United States Code; and

12 (C) serve for a term of 4 years, with the terms

13 to expire every fourth June 21, beginning in 1995.

14 (2) The Commissioner may appoint such Associate

15 Commissioners as the Commissioner determines are nec16 essary and appropriate.

17 SEC. 404. DUTIES OF THE CENTER.

18 (a) DUTIES.—The duties of the Center are to collect,

19 analyze, and disseminate statistics and other information

20 related to education in the United States and in other na21 tions, including—

22 (1) collecting, acquiring, compiling (where ap23 propriate, on a State by State basis), and dissemi24 nating full and complete statistics on the condition

25 and progress of education, at the preschool, elemen-
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1 tary, secondary, and postsecondary levels in the

2 United States, including data on—

3 (A) State and local school reform activities;

4 (B) student achievement and other edu5 cational outcomes at all levels of education;

6 (C) out of school youth and adults;

7 (D) teachers, administrators, counselors,

8 and other educational personnel at all levels of

9 education, including the supply and demand for

10 such teachers;

11 (E) the learning and teaching environment,

12 including the nature and incidence of violence

13 affecting students, school personnel, and other

14 individuals participating in school activities;

15 (F) violence against teachers and students,

16 and other indices of school safety;

17 (G) financing and management of edu18 cation; and

19 (H) the socioeconomic status of children;

20 (2) conducting and publishing reports and anal21 yses of the meaning and significance of such statis22 tics;

23 (3) conducting longitudinal studies, as well as

24 regular and special surveys and data collections, nec-
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1 essary to report on the condition and progress of

2 education;

3 (4) collecting, analyzing, cross-tabulating, and

4 reporting, to the extent feasible, so as to provide in5 formation by gender, race, socioeconomic status, lim6 ited-English proficiency, and other population char7 acteristics when such disaggregated information

8 would facilitate educational and policy decisionmak9 ing;

10 (5) assisting public and private educational

11 agencies, organizations, and institutions in improv12 ing and automating statistical and data collection

13 activities; and

14 (6) acquiring and disseminating data on edu15 cational activities and student achievement in the

16 United States compared with foreign nations.

17 (b) TRAINING PROGRAM.—The Commissioner may

18 establish a program to train employees of public and pri19 vate educational agencies, organizations, and institutions

20 in the use of the Center’s standard statistical procedures

21 and concepts and may establish a fellows program to ap22 point such employees as temporary fellows at the Center

23 in order to assist the Center in carrying out its duties.
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1 SEC. 405. PERFORMANCE OF DUTIES.

2 (a) IN GENERAL.—In carrying out the duties under

3 this title, the Commissioner may enter into grants, con4 tracts, and cooperative agreements.

5 (b) GATHERING INFORMATION.—(1) The Commis6 sioner may use the statistical method known as sampling

7 to carry out the purpose of this title.

8 (2) The Commissioner may, as the Commissioner

9 considers appropriate, use information collected—

10 (A) from States, local educational agencies,

11 public and private schools, preschools, institutions of

12 higher education, libraries, administrators, teachers,

13 students, the general public, and such other individ14 uals, organizations, agencies, and institutions as the

15 Commissioner may consider appropriate; and

16 (B) by other offices within the Department and

17 by other Federal departments, agencies, and instru18 mentalities.

19 (3) The Commissioner may—

20 (A) enter into interagency agreements for the

21 collection of statistics;

22 (B) arrange with an agency, organization, or in23 stitution for the collection of statistics; and

24 (C) assign employees of the Center to any such

25 agency, organization, or institution to assist in such

26 collection.
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1 (4) In order to maximize the effectiveness of Federal

2 efforts to serve the educational needs of children and

3 youth, the Commissioner shall—

4 (A) provide technical assistance to Department

5 offices that gather data for statistical purposes; and

6 (B) coordinate closely with other Department

7 offices in the collection of data.

8 SEC. 406. REPORTS.

9 (a) REPORT ON THE CONDITION AND PROGRESS OF

10 EDUCATION.—The Commissioner shall, no later than

11 June 1 of each year, submit to the President and the Con12 gress a statistical report regarding the condition and

13 progress of education in the United States.

14 (b) STATISTICAL REPORTS.—The Commissioner

15 shall issue regular statistical reports to the President and

16 Congress on such education topics as the Commissioner

17 determines to be appropriate.

18 (c) SPECIAL REPORTS.—The Commissioner may,

19 whenever the Commissioner considers it appropriate, issue

20 special reports on particular education topics.

21 SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.

22 (a) ESTABLISHMENT.—There is established, within

23 the Center, the Advisory Council on Education Statistics

24 (referred to in this title as the ‘‘Council’’).
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1 (b) MEMBERSHIP.—(1) The Council shall be com2 posed of—

3 (A) 18 voting members who are users of edu4 cation data and who are appointed by the Secretary

5 on the basis of their experience and eminence within

6 the field, of whom at least—

7 (i) 3 shall be practicing educators at the

8 preschool, elementary, or secondary level;

9 (ii) 3 shall be education policymakers;

10 (iii) 3 shall be professional statisticians;

11 (iv) 3 shall be education researchers; and

12 (v) 3 shall be experts in educational meas13 urement;

14 (B) 3 individuals representing the general pub15 lic, appointed by the Secretary;

16 (C) the Director of the Census and the Com17 missioner of Labor Statistics, as voting, ex officio

18 members; and

19 (D) the Assistant Secretary and the Commis20 sioner, as nonvoting, ex officio members.

21 (2) The Commissioner shall appoint the presiding of22 ficer of the Council from among the voting members.

23 (3) Members of the Council appointed under para24 graph (1)(A) shall be appointed for 3-year terms except

25 that, in the case of initial appointments, the Secretary
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1 shall make appointments for shorter terms to the extent

2 necessary to avoid the expiration of the terms of more

3 than 6 members in the same calendar year.

4 (4)(A) The Council shall meet in public session at the

5 call of the presiding officer, except that it shall meet—

6 (i) at least 2 times during each calendar year;

7 and

8 (ii) in addition, whenever 10 voting members

9 request in writing that the presiding officer call a

10 meeting.

11 (B) 11 voting members of the Council shall constitute

12 a quorum.

13 (5) The Council shall—

14 (A) review general policies for the operation of

15 the Center and shall advise the Commissioner on

16 standards to ensure that statistics and other infor17 mation disseminated by the Center are of high qual18 ity and are not subject to partisan political influ19 ence; and

20 (B) advise the Commissioner and the National

21 Assessment Governing Board on matters related to

22 the National Assessment of Education Progress.

23 (6) The Council shall appoint a staff to enable the

24 Council to carry out its duties.
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1 SEC. 408. CONFIDENTIALITY.

2 (a) GENERAL.—(1)(A) The Center shall develop and

3 enforce standards designed to protect the confidentiality

4 of persons in the collection, reporting, and publication of

5 data under this section.

6 (B) This section shall not be construed to protect the

7 confidentiality of information about institutions, organiza8 tions, and agencies that receive grants from, or have con9 tracts or cooperative agreements with, the Federal Gov10 ernment.

11 (2) No person may—

12 (A) use any individually identifiable information

13 furnished under this title for any purpose other than

14 a statistical purpose;

15 (B) make any publication whereby the data fur16 nished by any particular person under this title can

17 be identified; or

18 (C) permit anyone other than the individuals

19 authorized by the Commissioner to examine the indi20 vidual reports.

21 (b) ADMINISTRATION.—(1)(A) No department, bu22 reau, agency, officer, or employee of the Government, ex23 cept the Commissioner in carrying out the purposes of this

24 title, shall require, for any reason, copies of reports that

25 have been filed under this title with the Center or retained

26 by any individual respondent.
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1 (B) Copies of such reports that have been so filed

2 or retained with the Center or any of its employees, con3 tractors, or agents shall be immune from legal process,

4 and shall not, without the consent of the individual con5 cerned, be admitted as evidence or used for any purpose

6 in any action, suit, or other judicial or administrative

7 proceeding.

8 (C) This paragraph shall apply only to individually

9 identifiable information (as defined in paragraph (5)(A)).

10 (2) Whoever, being or having been an employee or

11 staff member of the Department, having taken or sub12 scribed the oath of office, or having sworn to observe the

13 limitations imposed by subsection (a)(2), knowingly pub14 lishes or communicates any individually identifiable infor15 mation (as defined in paragraph (5)(A)), the disclosure

16 of which is prohibited by subsection (a)(2), and that comes

17 into such individual’s possession by reason of employment

18 (or otherwise providing services) under this title, shall be

19 found guilty of a class E felony and imprisoned for not

20 more than 5 years, or fined as specified in 18 U.S.C.

21 3571, or both.

22 (3) The Commissioner may utilize temporary staff,

23 including employees of Federal, State, or local agencies

24 or instrumentalities including local educational agencies,

25 and employees of private organizations to assist the Cen-
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•HR 6 RFS

1 ter in performing its responsibilities, but only if such tem2 porary staff are sworn to observe the limitations imposed

3 by this section.

4 (4) No collection of information or data acquisition

5 activity undertaken by the Center shall be subject to any

6 review, coordination, or approval procedure except as re7 quired by the Director of the Office of Management and

8 Budget under the rules and regulations established pursu9 ant to chapter 35 of title 44, United States Code, except

10 such collection of information or data acquisition activity

11 may be subject to review or coordination if the Commis12 sioner determines that such review or coordination would

13 be beneficial.

14 (5) For the purposes of this section—

15 (A) the term ‘‘individually identifiable informa16 tion’’ means any record, response form, completed

17 survey, or aggregation thereof from which informa18 tion about individuals may be revealed; and

19 (B) the term ‘‘report’’ means a response pro20 vided by or about an individual to an inquiry from

21 the Center and does not include a statistical aggre22 gation from which individually identifiable informa23 tion cannot be revealed.

24 (6) This paragraph shall not apply to—
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1 (A) the survey required by section 1303(c) of

2 the Higher Education Amendments of 1986; or

3 (B) to any longitudinal study concerning access,

4 choice, persistence progress, or attainment in post5 secondary education.

6 (7) Any person who uses any data provided by the

7 Center, in conjunction with any other information or tech8 nique, to identify any individual student, teacher, adminis9 trator, or other individual and who knowingly discloses,

10 publishes, or uses for a purpose other than a statistical

11 purpose, or who otherwise violates subsection (a)(2)(A) or

12 (B), shall be found guilty of a class E felony and impris13 oned for not more than 5 years, or fined as specified in

14 section 3571 of title 18 of the United States Code, or both.

15 (8) Nothing in this section shall restrict the right of

16 the Secretary, the Comptroller General of the United

17 States, the Director of the Congressional Budget Office,

18 and the Librarian of Congress to gain access to any re19 ports or other records, including information identifying

20 individuals, in the Center’s possession, except that the

21 same restrictions on disclosure that apply to the Center

22 under subsection (b)(1) and (7) shall apply.

23 SEC. 409. DISSEMINATION.

24 (a) GENERAL REQUESTS.—(1) The Center may fur25 nish transcripts or copies of tables and other statistical
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1 records and make special statistical compilations and sur2 veys for State and local officials, public and private orga3 nizations, and individuals.

4 (2) The Center shall provide State and local edu5 cational agencies opportunities to suggest the development

6 of particular compilations of statistics, surveys, and analy7 ses that would assist such educational agencies.

8 (b) CONGRESSIONAL REQUESTS.—The Center shall

9 furnish such special statistical compilations and surveys

10 as the Congress may request.

11 (c) JOINT STATISTICAL PROJECTS.—The Secretary

12 may engage in joint statistical projects related to the pur13 poses of this Act or other statistical purposes authorized

14 by law with nonprofit organizations or agencies, and the

15 cost of such projects shall be shared equitably as deter16 mined by the Secretary.

17 (d) FEES.—(1) Statistical compilations and surveys

18 under this section, other than those carried out pursuant

19 to subsections (b) and (c), may be made subject to the

20 payment of the actual or estimated cost of such work.

21 (2) All funds received in payment for work or services

22 described in this paragraph shall be deposited in a sepa23 rate account that may be used to pay directly the costs

24 of such work or services, to repay appropriations that ini-
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1 tially bore all or part of such costs, or to refund excess

2 sums when necessary.

3 (e) ACCESS.—(1) The Center shall cooperate with

4 other Federal agencies having a need for educational data

5 in providing access to educational data received by the

6 Center.

7 (2) The Center shall, in accordance with such terms

8 and conditions as the Secretary may prescribe, provide all

9 interested parties, including public and private agencies

10 and individuals, direct access to data collected by the Cen11 ter for the purposes of research and acquiring statistical

12 information.

13 SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

14 The Commissioner shall establish 1 or more national

15 cooperative education statistics systems for the purpose of

16 producing and maintaining, with the cooperation of the

17 States, comparable and uniform information and data on

18 elementary and secondary education, postsecondary edu19 cation, and libraries that are useful for policymaking at

20 the Federal, State, and local levels. In carrying out this

21 section, the Commissioner may provide technical assist22 ance and make grants and enter into contracts and coop23 erative agreements.
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1 SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL

2 PROGRESS.

3 (a) ESTABLISHMENT.—The Commissioner shall, with

4 the advice of the Council established by section 407, carry

5 out, through grants, contracts, or cooperative agreements

6 with 1 or more qualified organizations, or consortia there7 of, a National Assessment of Educational Progress (the

8 ‘‘National Assessment’’).

9 (b) PURPOSE; CONTENTS.—(1) The purpose of the

10 National Assessment is to provide a fair and accurate

11 presentation of educational achievement in reading, writ12 ing, and other subjects that are included in National

13 Education Goal Three.

14 (2) The Commissioner, in carrying out the National

15 Assessment, shall use sampling techniques that produce

16 data that are representative on a national and regional

17 basis and on a State basis pursuant to paragraph (3). In

18 addition, the Commissioner shall—

19 (A) collect and report data on a periodic basis,

20 but at least once every 2 years, on students at ages

21 9, 13, and 17 and in grades 4, 8, and 12 in public

22 and private schools;

23 (B) report achievement data on a basis that en24 sures valid and reliable trend reporting;

25 (C) include information on special groups; and
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1 (D) ensure that achievement data are made

2 available on a timely basis following official report3 ing, in a manner that facilitates further analysis.

4 (3)(A)(i) The Commissioner, in carrying out the Na5 tional Assessment, may conduct State assessments of stu6 dent achievement in grades 4, 8, and 12.

7 (ii) Each such State assessment, in each subject area

8 and at each grade level shall be conducted on a trial basis.

9 (B)(i) States wishing to participate in State assess10 ments shall enter into an agreement with the Secretary

11 pursuant to subsection (d)(2).

12 (ii) Such agreement shall contain information suffi13 cient to give States full information about the process for

14 consensus decisionmaking on objectives to be tested, and

15 of the standards for sampling, test administration, test se16 curity, data collection, validation, and reporting.

17 (C) A participating State shall review and give per18 mission for the release of results from any test of its stu19 dents administered as a part of a State assessment prior

20 to the release of such data. Refusal by a State to release

21 its data shall not restrict the release of data from other

22 States that have approved the release of such data.

23 (4) In carrying out the National Assessment, the

24 Commissioner shall not collect any data that are not di25 rectly related to the appraisal of educational performance,
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1 achievement, and traditional demographic reporting vari2 ables, or to the fair and accurate presentation of such

3 information.

4 (5) In carrying out the National Assessment, the

5 Commissioner may provide technical assistance to States,

6 localities, and other parties.

7 (c) ACCESS.—(1) Except as provided in paragraph

8 (2), the public shall have access to all data, questions, and

9 test instruments of the National Assessment.

10 (2)(A) The Commissioner shall ensure that all per11 sonally identifiable information about students, their edu12 cational performance, and their families, and that infor13 mation with respect to individual schools, remains con14 fidential, in accordance with section 552a of title 5, United

15 States Code.

16 (B) Notwithstanding any other provision of law, the

17 Commissioner may decline to make available to the public

18 for a period, not to exceed 10 years after initial use, cog19 nitive questions that the Commissioner intends to reuse

20 in the future.

21 (C)(i) The Commissioner may, upon the request of

22 a State educational agency or a local educational agency,

23 in a limited number of cases and on a trial basis, make

24 National Assessment test instruments available for assess-
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1 ing aggregate student achievement at the local educational

2 agency level.

3 (ii)(I) Participation by a local educational agency

4 shall be voluntary.

5 (II) A State requesting the participation of a local

6 educational agency must accompany this request with a

7 statement of full written concurrence by such agency and

8 that such agency is requesting to participate in the local

9 assessment.

10 (iii) Before receiving such instruments, an agency

11 shall provide the Commissioner with assurances that con12 fidentiality and security requirements and testing proto13 cols, prescribed by the Commissioner, will be complied

14 with in the use of such instruments.

15 (d) PARTICIPATION.—(1) Participation in the na16 tional and regional assessments by State and local edu17 cational agencies shall be voluntary.

18 (2) Participation in assessments made on a State

19 basis shall be voluntary. The Commissioner shall enter

20 into an agreement with any State that desires to carry

21 out an assessment for the State under this subsection.

22 Each such agreement shall contain provisions designed to

23 ensure that the State will—

24 (A) participate in the assessment; and
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1 (B) pay from non-Federal sources the non-Fed2 eral share of participation.

3 (3)(A) For each fiscal year, the non-Federal share

4 for the purpose of paragraph (2)(B) shall be—

5 (i) the cost of conducting the assessment at the

6 school level for all public schools in the State sam7 ple, including the analysis and reporting of the data;

8 (ii) the cost of coordination within the State;

9 and

10 (iii) other reasonable costs specified by the Sec11 retary in the agreement described in paragraph (2).

12 (B) The non-Federal share of payments under this

13 paragraph may be in cash or in kind, fairly valued.

14 (C) The agreement described in paragraph (2) shall

15 describe the manner in which, the costs of administering

16 the assessment to private nonprofit schools included in the

17 State sample may be met.

18 (4) The implementation of subparagraph (C) of para19 graph (2) of subsection (d) shall involve no cost to the

20 Federal Government.

21 (e) STUDENT PERFORMANCE LEVELS.—(1) The Na22 tional Assessment Governing Board established under sec23 tion 412, working with the Assistant Secretary, shall de24 velop appropriate student performance levels for each age
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1 and grade in each subject area to be tested under the Na2 tional Assessment.

3 (2) The Commissioner, with the advice of the Council,

4 shall establish rigorous standards for the evaluation of

5 such levels.

6 (3)(A) Such levels shall be—

7 (i) devised through a national consensus ap8 proach, providing for active participation of teachers,

9 curriculum specialists, local school administrators,

10 parents, and concerned members of the general

11 public;

12 (ii) used on a trial basis until the Commissioner

13 determines, through an evaluation under subsection

14 (f), that such levels meet the standards under para15 graph (2) and are reasonable, valid, and informative

16 to the public; and

17 (iii) updated as appropriate.

18 (B) In using such levels on a trial basis, the Commis19 sioner and the Board may only issue reports on such levels

20 separate and apart from the regular reports on the Na21 tional Assessment and State assessments.

22 (4) After determining that such levels are reasonable,

23 valid and informative, the Commissioner may use such lev24 els or other methods or indicators for reporting results of

25 the National Assessment and State assessments.
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1 (f) REVIEW OF NATIONAL AND STATE ASSESS2 MENTS.—(1) The Commissioner shall provide for continu3 ing reviews by the National Academy of Education or the

4 National Academy of Sciences of the National Assessment,

5 State assessments, local educational agency assessments,

6 and student performance levels. Such reviews shall ad7 dress whether each trial state assessment is properly ad8 ministered, produces high quality data that is valid and

9 reliable, produces data on student achievement that is not

10 otherwise available to the State exclusive of data compar11 ing participating States to each other and the Nation, and

12 is a cost-effective method of producing the data. The Com13 missioner shall also carry out evaluation studies by the

14 Center and solicitation of public comment on the conduct

15 and usefulness of the National Assessment. The Commis16 sioner shall report to the Congress, the President, and the

17 Nation on the findings and recommendations of such

18 reviews.

19 (2) The Commissioner shall consider the findings and

20 recommendations in designing the competition to select

21 the organization, or organizations, through which the Of22 fice carries out the National Assessment.

23 (g) COVERAGE AGREEMENTS.—(1) The Secretary

24 and the Secretary of Defense may enter into an agree25 ment, including such terms as are mutually satisfactory,
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1 to include in the National Assessment the defense depend2 ents education system established under the Defense De3 pendents’ Education Act of 1978.

4 (2) The Secretary and the Secretary of the Interior

5 may enter into an agreement, including such terms as are

6 mutually satisfactory, to include in the National Assess7 ment schools for Indian children operated or supported by

8 the Bureau of Indian Affairs.

9 SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.

10 (a) ESTABLISHMENT.—There is established the Na11 tional Assessment Governing Board (the ‘‘Board’’) which

12 shall formulate policy guidelines for the National Assess13 ment, as provided in subsection (e).

14 (b) MEMBERSHIP.—(1) The Board shall be appointed

15 by the Secretary and shall be composed of—

16 (A) 2 Governors, or former Governors, who

17 shall not be members of the same political party;

18 (B) 2 State legislators, who shall not be mem19 bers of the same political party;

20 (C) 2 chief State school officers;

21 (D) 1 member of a State board of education;

22 (E) 1 superintendent of a local educational

23 agency;

24 (F) 1 member of a local board of education;
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1 (G) 3 classroom teachers representing the grade

2 levels at which the National Assessment is con3 ducted;

4 (H) 1 representative of business or industry;

5 (I) 2 curriculum specialists;

6 (J) 3 testing and measurement experts;

7 (K) 1 nonpublic school administrator or policy8 maker;

9 (L) 2 school principals, one of whom is an ele10 mentary school principal and the other of whom is

11 a secondary principal; and

12 (M) 4 additional members who are representa13 tives of the general public, including parents.

14 (2) The Assistant Secretary for Educational Re15 search and Improvement shall serve an an ex officio and

16 nonvoting member of the Board.

17 (3) In making appointments under this subsection

18 and filling vacancies under subsection (d), the Secretary

19 shall ensure that the membership of the Board reflects

20 regional, racial, gender, and cultural diversity and balance.

21 (c) TERMS.—(1) Terms of service of members of the

22 Board shall be staggered and may not exceed a period of

23 3 years, as determined by the Secretary.

24 (2) Members of the Board may serve not more than

25 two consecutive terms.
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1 (3) A member of the Board who changes status under

2 subsection (b) during the term of the appointment of the

3 member may continue to serve as a member until the expi4 ration of such term.

5 (d) VACANCIES.—The Secretary shall appoint new

6 members to fill vacancies on the Board—

7 (1) after soliciting recommendations from a

8 wide variety of organizations, including those rep9 resenting the types of individuals listed in subsection

10 (b)(1); and

11 (2) in a manner which maintains the composi12 tion, diversity and balance of the Board required

13 under subsection (b).

14 (e) DUTIES.—(1) The Board, working with the As15 sistant Secretary, shall develop—

16 (A) appropriate student performance levels as

17 provided in section 411(e);

18 (B) assessment objectives and test specifica19 tions through a national consensus approach which

20 includes the active participation of teachers, curricu21 lum specialists, local school administrators, parents,

22 and concerned members of the public;

23 (C) guidelines for analysis plans and for report24 ing and disseminating National Assessment results;

25 and
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1 (D) recommendations for actions needed to im2 prove the form and use of the National Assessment.

3 (2) The Board, working with the Commissioner, shall

4 take steps to ensure that all items selected for use in the

5 National Assessment are free from racial, cultural, gender,

6 or regional bias.

7 (3) In carrying out the duties required by paragraph

8 (1), the Board shall seek technical advice, as appropriate,

9 from the Commissioner and the Advisory Council on Edu10 cation Statistics.

11 (4) Within 90 days following an evaluation of the stu12 dent performance levels under section 411(f), the Board

13 shall make a report to the Secretary of Education, the

14 Committee on Education and Labor of the House of Rep15 resentatives, and the Committee on Labor and Human Re16 sources of the Senate describing the steps the Board is

17 taking to respond to each of the recommendations con18 tained in such evaluation.

19 (f) PERSONNEL.—(1) The Secretary may appoint, at

20 the request of the Board, such staff as will enable the

21 Board to carry out its responsibilities under subsection

22 (e)(1).

23 (2) Such appointments may include, for terms not to

24 exceed 3 years and without regard to the provisions of title

25 5, United States Code, governing appointments in the
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1 competitive service, not more than 6 technical employees

2 who may be paid without regard to the provisions of chap3 ter 51 and subchapter III of chapter 53 of such title relat4 ing to classification and General Schedule pay rates.

5 (g) COORDINATION.—The Commissioner and the

6 Board shall meet periodically to ensure coordination of

7 their duties and activities relating to the National Assess8 ment.

9 (h) ADMINISTRATION.—(1) Sections 10, 11, and 12

10 of the Federal Advisory Committee Act are the only sec11 tions of such Act that shall apply with respect to the

12 Board.

13 (2)(A) No member or employee of the Board, in the

14 course of the official duties of such member or employee,

15 may engage in activities designed to directly or indirectly

16 influence legislation which is or may be considered by the

17 Congress, except in instances where a representative of the

18 Board has been invited to provide testimony before a

19 committee of the Congress.

20 (B) Any member or employee of the Board who know21 ingly engages in the conduct prohibited by subparagraph

22 (A) may be subject to either confinement for a period not

23 to exceed 6 months or a fine not to exceed $10,000, or

24 both.
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1 SEC. 413. AUTHORIZATION OF APPROPRIATIONS.

2 (1) There are authorized to be appropriated to carry

3 out this title (except section 412), $103,200,000 for fiscal

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

5 of the fiscal years 1996, 1997, 1998, and 1999.

6 (2) There are authorized to be appropriated to carry

7 out section 412 $2,000,000 for each of the fiscal years

8 1995 and 1996.

9 TITLE V—MISCELLANEOUS

10 SEC. 501. EVALUATION OF FEDERAL EFFORTS TO ASSIST IN

11 SCHOOL REFORM.

12 (a)(1) In collaboration with the national assessment

13 conducted pursuant to title I of the Elementary and Sec14 ondary Education Act as amended by this Act, the Sec15 retary of Education shall conduct a comprehensive evalua16 tion of how the Federal Government has assisted the

17 States to reform their educational systems through the

18 various education laws enacted during the 103d Congress.

19 (2) Such evaluation shall encompass the changes

20 made in Federal programs pursuant to this Act as well

21 as in any other law enacted during this Congress amend22 ing a Federal program assisting pre-elementary, elemen23 tary, or secondary education. In addition, such evaluation

24 shall encompass new initiatives enacted into law, such as

25 the Goals 2000: Educate America Act, and the School-
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1 to-Work Opportunities Act and shall be coordinated with

2 evaluations of such Acts.

3 (b)(1) This evaluation shall include a comprehensive

4 review of these laws and programs to determine their over5 all effect 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 stu11 dents to obtain employment upon completion of high

12 school or further education.

13 (2) This evaluation shall also include a comprehensive

14 review of these programs to determine their overall ef15 fect—

16 (A) on school reform efforts undertaken by

17 States,

18 (B) on efforts by States to adopt educational

19 standards to improve schooling for all children, to

20 align their curricula, teacher training, and assess21 ments with such standards, and to bring flexibility

22 to the rules governing how education is to be pro23 vided, and

24 (C) on student populations who have been the

25 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 evaluation shall also evaluate how the Na4 tional Assessment Governing Board, the Advisory Council

5 on Education Statistics, the National Education Goals

6 Panel, the National Education Statistics and Improve7 ment Council and any other Board established to analyze,

8 address, or approve standards and assessments coordi9 nates, interacts, and/or duplicates efforts to assist the

10 States to reform their educational systems.

11 (4) This evaluation shall also include a review of

12 these laws and programs in such detail as the Secretary

13 deems appropriate and may involve cooperation with other

14 Federal departments and agencies in order to incorporate

15 their evaluations and recommendations.

16 (c)(1) The Secretary shall appoint an independent

17 panel to review the plan for this evaluation, to advise on

18 its progress, and to comment, if it so wishes, on the final

19 report. The panel shall not be subject to the Federal Advi20 sory Committee Act.

21 (2) The Secretary shall submit this report by Janu22 ary 1, 1998, to the Committee on Education and Labor

23 of the United States House of Representatives and to the

24 Committee on Labor and Human Resources.
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1 SEC. 502. STUDY OF THE EFFECTIVENESS AND IMPACT OF

2 FEDERAL CATEGORICAL AID PROGRAMS.

3 (a) STUDY.—In addition to the national assessment

4 conducted pursuant to section 1501 of the Elementary

5 and Secondary Education Act of 1965, as amended by sec6 tion 101 of this Act, the Secretary of Education shall con7 duct a comprehensive study of the effectiveness of other

8 Federal categorical aid programs and the administrative

9 impact of such programs on schools and local educational

10 agencies.

11 (b) CONTENTS.—Such study shall—

12 (1) examine the effectiveness of elementary and

13 secondary school categorical programs, including

14 those authorized in this Act and elsewhere, in im15 proving the educational achievement of participating

16 students;

17 (2) encompass an in-depth evaluation of the ad18 ministrative impact of the broad range of categorical

19 programs on participating schools and local edu20 cational agencies;

21 (3) include a comprehensive review of the pro22 grams to determine their effect on—

23 (A) the improvement in educational

24 achievement of participating students;

25 (B) school and local educational agencies’

26 administrative responsibilities and structure, in-
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1 cluding the use of local and State resources,

2 with particular attention to schools and agen3 cies serving a high concentration of disadvan4 taged students; and

5 (C) overall school reform efforts, including

6 efforts undertaken by States and encouraged by

7 Federal laws, such as the Goals 2000: Educate

8 America Act;

9 (4) evaluate the effect of Federal categorical

10 programs at the elementary and secondary levels on

11 the proliferation of State categorical education aid

12 programs and regulations, and the impact on stu13 dent achievement and school and local educational

14 agency administrative responsibilities and structure;

15 and

16 (5) examine the effect of waivers on categorical

17 program requirements and other flexibility provi18 sions in this Act, the School-to-Work Opportunities

19 Act, and the Goals 2000: Educate America Act on

20 improvement in educational achievement of partici21 pating students and on school and local educational

22 agency administrative responsibilities, structure, and

23 resources.

24 (c) PANEL.—The Secretary shall appoint an inde25 pendent panel to review the plan for the study, to advise
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1 on the progress of the study, and to comment, if it so

2 wishes, on the final report.

3 (d) REPORT.—The Secretary shall submit the report

4 not later than January 1, 1997, to the Committee on Edu5 cation and Labor of the House of Representatives, to the

6 Senate Committee on Labor and Human Resources, and

7 to the Labor, Health and Human Services, and Education

8 Subcommittees of the House and Senate Appropriations

9 Committees.

10 SEC. 503. BUDGET COMPLIANCE.

11 Any authority or requirement to make funds available

12 under this Act shall be effective only to the extent provided

13 in appropriations Acts.

Passed the House of Representatives March 24,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.

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