I

103D CONGRESS

1ST SESSION H. R. 92

To improve education for all students by restructuring the education system

in the States.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. KILDEE introduced the following bill; which was referred to the

Committee on Education and Labor

A BILL

To improve education for all students by restructuring the

education system in the States.

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.

4 This Act may be cited as the ‘‘Neighborhood Schools

5 Improvement Act’’.

6 TITLE I—COMPREHENSIVE

7 RESTRUCTURING

8 SECTION 101. COMPREHENSIVE RESTRUCTURING.

9 The Elementary and Secondary Education Act of

10 1965 (20 U.S.C. 2701 et seq.) is amended—
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1 (1) by redesignating sections 8001 through

2 8005 as 10001 through 10005; and

3 (2) by inserting after title VII the following:

4 ‘‘TITLE VIII—RESTRUCTURING

5 PROGRAM

6 ‘‘PART A—NATIONAL EDUCATION STANDARDS

7 AND ASSESSMENT

8 ‘‘SECTION 8001. SHORT TITLE.

9 ‘‘This part may be cited as the ‘National Education

10 Standards and Assessment Act of 1993’.

11 ‘‘SEC. 8002. FINDINGS AND PURPOSES.

12 ‘‘(a) FINDINGS.—The Congress finds that—

13 ‘‘(1) the establishment of voluntary national

14 standards is an important, complex, and sensitive

15 task and any coordinating structure for this purpose

16 must be bipartisan, engage government at all levels,

17 and involve the many constituencies that have an es18 tablished interest in improving education;

19 ‘‘(2) much work in the area of developing

20 standards has already begun and the national effort

21 should benefit from and not attempt to duplicate

22 quality efforts proposed by existing Federal and non23 Federal entities; and

24 ‘‘(3) a coordinating structure should maintain

25 the tradition of State and local authority over edu-
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1 cation and become part of a cooperative national ef2 fort.

3 ‘‘(b) PURPOSES.—The purposes of this part are

4 ‘‘(1) to advance the establishment of voluntary

5 national education content standards and to raise

6 the academic performance of students and schools

7 throughout the Nation; and

8 ‘‘(2) to provide funds for the development of

9 voluntary national school delivery standards and for

10 further research and development on assessment to

11 measure the progress of the Nation in meeting na12 tional education goals and standards.

13 ‘‘SEC. 8003. NATIONAL EDUCATION GOALS PANEL.

14 ‘‘(a) ESTABLISHMENT.—There is established a Na15 tional Education Goals Panel (referred to in this part as

16 the ‘Panel’).

17 ‘‘(b) COMPOSITION.—

18 ‘‘(1) IN GENERAL.—The Panel shall be com19 posed of 18 members (referred to in this part as

20 ‘members’), including—

21 ‘‘(A) two members appointed by the Presi22 dent;

23 ‘‘(B) eight members who are Governors,

24 three of whom shall be from the same political

25 party as the President and five of whom shall
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1 be of the opposite political party of the Presi2 dent, appointed by the Chairperson and Vice

3 Chairperson of the National Governors’ Asso4 ciation, with each appointing representatives of

5 his respective political party, in consultation

6 with each other and in accordance with para7 graph (2); and

8 ‘‘(C) four Members of Congress appointed

9 as follows:

10 ‘‘(i) One member appointed by the

11 majority leader of the Senate from among

12 the Members of the Senate.

13 ‘‘(ii) One member appointed by the

14 minority leader of the Senate from among

15 the Members of the Senate.

16 ‘‘(iii) One member appointed by the

17 majority leader of the House of Represent18 atives from among the Members of the

19 House of Representatives.

20 ‘‘(iv) One member appointed by the

21 minority leader of the House of Represent22 atives from among the Members of the

23 House of Representatives.

24 ‘‘(D) four members of State legislatures

25 appointed by the President of the National Con-
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1 ference of State Legislatures, of which not more

2 than two of whom may be of the same political

3 party as the President of the United States.

4 ‘‘(2) SPECIAL APPOINTMENT RULES.—(A) The

5 members appointed pursuant to paragraph (1)(B)

6 shall be appointed as follows:

7 ‘‘(i) If the Chairperson of the National

8 Governors’ Association is from the same politi9 cal party as the President, the Chairperson

10 shall appoint 3 individuals pursuant to such

11 paragraph and the Vice Chairperson shall ap12 point 5 individuals pursuant to such paragraph.

13 ‘‘(ii) If the Chairperson of the National

14 Governors’ Association is from the opposite po15 litical party as the President, the Chairperson

16 shall appoint 5 individuals pursuant to such

17 paragraph and the Vice Chairperson shall ap18 point 3 individuals pursuant to such paragraph.

19 ‘‘(B) If the National Governors’ Association has

20 appointed a panel that meets the requirements of

21 this subsection prior to the date of enactment of this

22 title, then the members serving on such panel shall

23 be deemed to be in compliance with the provisions

24 of this subsection and shall not be required to be

25 reappointed pursuant to this subsection.
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1 ‘‘(c) TERMS.—The terms of service of members shall

2 be as follows:

3 ‘‘(1) EXECUTIVE BRANCH.—Members appointed

4 under paragraph (1)(A) shall serve at the pleasure

5 of the President.

6 ‘‘(2) GOVERNORS.—Members appointed under

7 paragraph (1)(B) shall serve a two-year term, except

8 that the initial appointments under such paragraph

9 shall be made to ensure staggered terms with one10 half of such terms of members concluding every two

11 years.

12 ‘‘(3) MEMBERS OF LEGISLATURES.—Members

13 appointed under subparagraphs (C) and (D) of

14 paragraph (1) shall serve a term of two years.

15 ‘‘(d) INITIATION.—The Panel may begin to carry out

16 the duties of the Panel under this part when ten members

17 of the Panel have been appointed.

18 ‘‘(e) DATE OF APPOINTMENT.—The initial members

19 shall be appointed not later than 60 days after the date

20 of enactment of this title.

21 ‘‘(f) VACANCIES.—A vacancy on the Panel shall not

22 affect the powers of the Panel, but shall be filled in the

23 same manner as the original appointment.

24 ‘‘(g) TRAVEL.—Each member shall be allowed travel

25 expenses, including per diem in lieu of subsistence, as au-
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1 thorized by section 5703 of title 5, United States Code,

2 for each day the member is engaged in the performance

3 of duties away from the home or regular place of business

4 of the member.

5 ‘‘(h) CHAIRPERSON SELECTION.—

6 ‘‘(1) INITIAL SELECTION.—The members ap7 pointed under subsection (b)(2) shall select a Chair8 person from among such members, except that after

9 the expiration of the term of the member selected

10 under this paragraph to serve as Chairperson as of

11 October 1, 1993, or upon the termination of the ten12 ure of such Chairperson, whichever is earlier, a ma13 jority of the members of the Council shall select the

14 Chairperson from among the members.

15 ‘‘(2) CONTINGENT SELECTION.—If no individ16 ual described in paragraph (1) assumes the position

17 of Chairperson of the Council 60 days after the date

18 of the enactment of this title, a majority of the

19 members shall select a Chairperson from among the

20 members.

21 ‘‘SEC. 8004. FUNCTIONS.

22 ‘‘(a) FUNCTIONS.—The Panel shall accomplish the

23 following:

24 ‘‘(1) INTERACTIVE PROCESS.—Establish an

25 interactive process for the development of voluntary
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1 national content standards and voluntary national

2 school delivery standards which, to the greatest ex3 tent feasible, reflect the comments and recommenda4 tions of educators and other knowledgeable individ5 uals across the Nation.

6 ‘‘(2) RECOMMENDATIONS.—Make recommenda7 tions to the Secretary regarding the selection of

8 groups and organizations for grants to develop vol9 untary national content standards, voluntary na10 tional school delivery standards, and model assess11 ments of the national content standards for mathe12 matics.

13 ‘‘(3) CERTIFICATION.—Certify, after review by

14 the technical review committee established under

15 section 8005, the voluntary national standards sub16 mitted by the groups under sections 8011(c) and

17 8012(c).

18 ‘‘(4) EVALUATION.—Propose the indicators to

19 be used to measure the national education goals and

20 report progress in achieving such goals, the baselines

21 and benchmarks against which progress may be

22 evaluated, and the format for an annual report card

23 to the Nation under section 8006.
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1 ‘‘(5) MEASUREMENT.—Select interim and final

2 measures and appropriate indicators in each goal

3 area.

4 ‘‘(6) DATA.—Assure, through requirements for

5 State reports, that data on student achievement is

6 reported in the context of other relevant information

7 about student, school, and system performance.

8 ‘‘(7) REPORT CARD.—Issue an annual report

9 card that—

10 ‘‘(A) reports on the Federal actions taken

11 to fulfill responsibilities to education;

12 ‘‘(B) identifies gaps in existing educational

13 data;

14 ‘‘(C) recommends improvements in the

15 methods and procedures for assessments; and

16 ‘‘(D) proposes changes in national and

17 international measurement systems.

18 ‘‘(b) PERFORMANCE OF FUNCTIONS.—In carrying

19 out its responsibilities, the Panel shall operate on the prin20 ciple of consensus.

21 ‘‘(c) DATA COLLECTION.—The Panel shall make ar22 rangements with any appropriate entity to generate or col23 lect such data as may be necessary to appropriately assess

24 progress toward meeting the national education goals.
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1 ‘‘SEC. 8005. REVIEW COMMITTEE.

2 ‘‘(a) COMMITTEE ESTABLISHED.—

3 ‘‘(1) COMMITTEE MEMBERSHIP.—The Panel

4 shall establish a technical review committee (referred

5 to in this part as the ‘Committee’) of not more than

6 16 members who shall advise and assist the Panel

7 in carrying out its functions under section 8004(a).

8 ‘‘(2) PUBLIC NOMINATION.—In appointing indi9 viduals to serve on the committee, the Panel shall

10 solicit and consider nominations made by the public.

11 ‘‘(3) COMMITTEE COMPOSITION.—The commit12 tee shall be composed of—

13 ‘‘(A) 8 educators, including individuals

14 with expertise regarding standards and assess15 ment; and

16 ‘‘(B) 8 members of the public, including

17 individuals who represent parents, business,

18 civil rights advocates, child advocates, and State

19 and local public officials.

20 ‘‘(b) COMMITTEE REVIEW.—

21 ‘‘(1) REVIEW OF STANDARDS.—After the devel22 opment of each set of voluntary national content

23 standards under section 8011 and voluntary national

24 school delivery standards under section 8012, the

25 committee shall review such standards to determine

26 if such standards—
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1 ‘‘(A) are developed consistently with the

2 process established by the Panel under section

3 8004(a)(1);

4 ‘‘(B) are sufficiently general to be adopted

5 by any State; and

6 ‘‘(C) are of high quality.

7 ‘‘(2) COMMITTEE RECOMMENDATION.—The

8 committee shall report its determination to the

9 Panel regarding whether such standards should be

10 certified by the Panel.

11 ‘‘SEC. 8006. ANNUAL REPORT CARD.

12 ‘‘(a) IN GENERAL.—The Panel shall prepare and

13 submit to the President, the appropriate committees of

14 Congress, and the Governor of each State a national re15 port card, that shall include the following:

16 ‘‘(1) ANALYSIS.—An analysis of the progress of

17 the United States toward achieving the national edu18 cation goals.

19 ‘‘(2) COMMENTS AND RECOMMENDATIONS.—

20 Comments and recommendations of—

21 ‘‘(A) Federal and State policymakers;

22 ‘‘(B) experts on teaching and child devel23 opment;

24 ‘‘(C) experts on measurements;

25 ‘‘(D) experts on curriculum;
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1 ‘‘(E) experts on educational administra2 tion; and

3 ‘‘(F) representatives of business.

4 ‘‘(3) IDENTIFICATION AND IMPROVEMENT.—

5 Based on the findings of the Panel and an analysis

6 of the views and comments of all interested parties,

7 the Panel may identify continuing gaps in existing

8 educational data.

9 ‘‘(b) CONTINUATION.—The Panel shall continue to

10 issue a national report card on an annual basis for the

11 duration of the existence of the Panel.

12 ‘‘(c) FORMAT.—National report cards shall be pre13 sented in a form that is understandable to parents and

14 the general public.

15 ‘‘(d) LIMITATION.—National report cards may not

16 include data using the achievement goals established

17 under section 406(i)(6)(A)(ii) of the General Education

18 Provisions Act unless such goals have been reviewed and

19 approved by the Commissioner of the National Center for

20 Education Statistics.

21 ‘‘SEC. 8007. POWERS OF THE PANEL.

22 ‘‘(a) HEARINGS.—

23 ‘‘(1) IN GENERAL.—The Panel shall, for the

24 purpose of carrying out this part, conduct such hear25 ings, sit and act at such times and places, take such
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1 testimony, and receive such evidence, as the Panel

2 considers appropriate.

3 ‘‘(2) PUBLIC HEARINGS.—In carrying out this

4 part, the Panel shall conduct public hearings in dif5 ferent geographic areas of the country, both urban

6 and rural, to receive the reports, views, and analyses

7 of a broad spectrum of experts and the public re8 garding the functions of the Panel described in sec9 tion 8004(a).

10 ‘‘(b) INFORMATION.—The Panel may secure directly

11 from any department or agency of the United States, in12 formation necessary to enable the Panel to carry out this

13 part. Upon request of the Chairperson of the Panel, the

14 head of a department or agency shall furnish such infor15 mation to the Panel to the extent permitted by law.

16 ‘‘(c) POSTAL SERVICES.—The Panel may use the

17 United States mail in the same manner and under the

18 same conditions as other departments and agencies of the

19 United States.

20 ‘‘(d) ADMINISTRATIVE AND SUPPORTIVE SERV21 ICES.—The Secretary of Education shall provide to the

22 Panel, on a reimbursable basis, administrative support

23 services as the Panel may request.
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1 ‘‘SEC. 8008. ADMINISTRATIVE PROVISIONS.

2 ‘‘(a) MEETINGS.—The Panel shall meet on a regular

3 basis, as necessary, at the call of the Chairperson of the

4 Panel or a majority of its members.

5 ‘‘(b) QUORUM.—A majority of the members shall con6 stitute a quorum for the transaction of business.

7 ‘‘(c) VOTING.—No individual may vote or exercise

8 any of the powers of a member by proxy.

9 ‘‘(d) FEDERAL ADVISORY COMMITTEE ACT.—Sec10 tions 10 and 11 of the Federal Advisory Committee Act

11 (5 U.S.C. App.) are the only sections of such Act that

12 shall apply with respect to the Panel and the technical

13 review committee.

14 ‘‘SEC. 8009. DIRECTOR AND STAFF; EXPERTS AND CONSULT15 ANTS.

16 ‘‘(a) DIRECTOR.—The Chairperson of the Panel

17 shall, without regard to the provisions of title 5, United

18 States Code, relating to the appointment and compensa19 tion of officers or employees of the United States, appoint

20 a Director to be paid at a rate not to exceed the rate of

21 basic pay payable for level V of the Executive Schedule.

22 ‘‘(b) APPOINTMENT AND PAY OF EMPLOYEES.—

23 ‘‘(1) EMPLOYEE ALLOCATION.—(A) The Chair24 person of the Panel may appoint not more than four

25 employees to serve as staff to the Panel without re-
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1 gard to the provisions of title 5, United States Code,

2 governing appointments in the competitive service.

3 ‘‘(B) The employees appointed under paragraph

4 (1) may be paid without regard to the provisions of

5 chapter 51 and subchapter III of chapter 53 of that

6 title relating to classification and General Schedule

7 pay rates, but shall not be paid a rate that exceeds

8 the maximum rate of basic pay payable for GS–15

9 of the General Schedule.

10 ‘‘(2) ADDITIONAL EMPLOYEES.—The Chair11 person of the Panel may appoint additional employ12 ees to serve as staff to the Panel consistent with the

13 provisions of title 5, United States Code.

14 ‘‘(c) EXPERTS AND CONSULTANTS.—The Panel may

15 procure temporary and intermittent services of experts

16 and consultants under section 3019(b) of title 5, United

17 States Code.

18 ‘‘(d) STAFF OF FEDERAL AGENCIES.—Upon the re19 quest of the Panel, the head of any department or agency

20 of the United States is authorized to detail, on a reimburs21 able basis, any of the personnel of that agency to the

22 Panel to assist the Panel in its duties under this part.

23 ‘‘SEC. 8010. AUTHORITY FOR GRANT OR CONTRACT.

24 ‘‘The Secretary shall make grants to provide for the

25 following:
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1 ‘‘(1) OPERATION.—The operation and activities

2 of the Panel.

3 ‘‘(2) CONTENT STANDARDS DEVELOPMENT.—

4 The development of voluntary national content

5 standards.

6 ‘‘(3) SCHOOL DELIVERY STANDARDS DEVELOP7 MENT.—The development of voluntary national

8 school delivery standards.

9 ‘‘SEC. 8011. VOLUNTARY NATIONAL CONTENT STANDARDS.

10 ‘‘(a) DEVELOPMENT OF VOLUNTARY NATIONAL CON11 TENT STANDARDS.—The Panel shall establish the process

12 by which voluntary national content standards shall be de13 veloped. Such process shall provide for several consecutive

14 drafts of standards which incorporate the comments and

15 recommendations of educators and other knowledgeable

16 individuals across the Nation.

17 ‘‘(b) GRANTS FOR VOLUNTARY NATIONAL CONTENT

18 STANDARDS.—

19 ‘‘(1) GRANT RECOMMENDATIONS.—The Panel

20 shall make recommendations to the Secretary re21 garding the selection of groups and organizations

22 representing teachers and other practitioners in a

23 broad range of academic subject areas, including

24 mathematics, English, science, history, and geog25 raphy, to receive grants to develop content standards
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1 in accordance with the process required under sub2 section (a).

3 ‘‘(2) TIME AND CONDITIONS.—In making rec4 ommendations to the Secretary, the Panel shall pro5 pose time periods and other conditions for such

6 grants that will ensure that the process under sub7 section (a) can be followed.

8 ‘‘(3) GRANT DENIAL.—The Secretary may de9 cline to make a grant only if such grant violates a

10 provision of law or the general administrative regula11 tions of the Department which govern the making of

12 grants.

13 ‘‘(c) VOLUNTARY NATIONAL CONTENT STANDARDS

14 RATIFICATION.—Following the development of a set of

15 such standards, the developing organization shall organize

16 a meeting of its members, review the standards, and by

17 formal action ratify that such standards are of high qual18 ity and meet the following requirements:

19 ‘‘(1) BEST EVIDENCE.—Such standards reflect

20 the best evidence available regarding the knowledge

21 and skills that students should acquire in the aca22 demic subject area of such standards.

23 ‘‘(2) CHALLENGE.—Such standards are suffi24 ciently challenging to ensure that American students

25 receive instruction at world-class levels.
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1 ‘‘(d) VOLUNTARY NATIONAL CONTENT STANDARDS

2 CERTIFICATION.—

3 ‘‘(1) PROCESS CONFORMANCE.—After ratifica4 tion of a set of standards under subsection (c), the

5 Panel shall review the process by which such stand6 ards were developed and consult with the Committee

7 established under section 8005 to determine and cer8 tify conformance with the process established under

9 subsection (a).

10 ‘‘(2) CERTIFICATION REPORT.—The Panel shall

11 submit to the Congress, the President, and the pub12 lic a report regarding such certified content stand13 ards not later than December 31, 1994.

14 ‘‘SEC. 8012. VOLUNTARY NATIONAL SCHOOL DELIVERY

15 STANDARDS.

16 ‘‘(a) DEVELOPMENT OF VOLUNTARY NATIONAL

17 SCHOOL DELIVERY STANDARDS.—The Panel shall estab18 lish the process by which voluntary national school delivery

19 standards shall be developed. Such process shall provide

20 for several consecutive drafts of standards which incor21 porate the comments and recommendations of educators

22 and other knowledgeable individuals across the Nation.

23 ‘‘(b) GRANTS FOR VOLUNTARY NATIONAL SCHOOL

24 DELIVERY STANDARDS.—
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1 ‘‘(1) SELECTION.—The Panel shall make a rec2 ommendation to the Secretary regarding the selec3 tion of a consortium of individuals and organizations

4 to receive a grant to develop school delivery stand5 ards. To the extent possible, such consortium shall

6 include the participation of—

7 ‘‘(A) Governors (except Governors serving

8 on the Panel);

9 ‘‘(B) chief State school officers;

10 ‘‘(C) teachers (especially teachers involved

11 in the development of content standards);

12 ‘‘(D) principals;

13 ‘‘(E) superintendents;

14 ‘‘(F) State and local school board mem15 bers;

16 ‘‘(G) parents;

17 ‘‘(H) State legislators;

18 ‘‘(I) representatives of businesses;

19 ‘‘(J) representatives of regional accrediting

20 associations;

21 ‘‘(K) representatives of federally funded

22 entities referred to in clauses (i) and (ii) of sec23 tion 405(d)(4)(A) of the General Education

24 Provisions Act; and
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1 ‘‘(L) civil rights groups and organizations

2 (including those associated with the rights of

3 individuals with disabilities).

4 ‘‘(2) TIME AND CONDITIONS.—In making a rec5 ommendation to the Secretary, the Panel shall pro6 pose a time period and other conditions for such

7 grant that shall ensure that the process established

8 under subsection (a) may be followed.

9 ‘‘(3) GRANT DENIAL.—The Secretary may de10 cline to make a grant only if such grant would vio11 late a provision of law or the general administrative

12 regulations of the Department which govern the

13 making of grants.

14 ‘‘(c) VOLUNTARY NATIONAL SCHOOL DELIVERY

15 STANDARDS RATIFICATION.—After developing such school

16 delivery standards, the consortium shall convene a meeting

17 to review and ratify that such standards meet the follow18 ing requirements:

19 ‘‘(1) STATE ADOPTION.—The standards are

20 sufficiently generic to be adopted for use in any

21 State without unduly restricting State and local pre22 rogatives regarding the instructional methods to be

23 employed.

24 ‘‘(2) FAIR OPPORTUNITY.—The standards are

25 likely, if properly implemented, to ensure that each
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1 student in a school has a fair opportunity to achieve

2 the knowledge and skills set out in the national con3 tent standards and the work force readiness stand4 ards under title IX.

5 ‘‘(d) VOLUNTARY NATIONAL SCHOOL DELIVERY

6 STANDARDS CERTIFICATION.—

7 ‘‘(1) PROCESS CONFORMANCE.—After ratifica8 tion of a set of standards under subsection (c), the

9 Panel shall review the process by which such stand10 ards were developed and consult with the Committee

11 established under section 8005 to determine and cer12 tify that such standards are of high quality and that

13 they conform with the process established under sub14 section (a).

15 ‘‘(2) CERTIFICATION REPORT.—The Panel shall

16 submit to the Congress, the President, and the pub17 lic a report containing such certified school delivery

18 standards not later than December 31, 1994.

19 ‘‘SEC. 8013. GENERAL PROVISIONS RELATING TO STAND20 ARDS.

21 ‘‘(a) CONTINUED REVIEW.—The Panel shall periodi22 cally (not more than once every 3 years) review voluntary

23 national content standards to determine whether such

24 standards continue to reflect the best evidence available

25 regarding what children should know.
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1 ‘‘(b) NO INFLUENCE.—Nothing in this part shall be

2 construed to permit the Secretary to prescribe or influence

3 the content of particular standards.

4 ‘‘SEC. 8014. ASSESSMENT.

5 ‘‘While taking into consideration the existing research

6 on assessment that the Office of Educational Research

7 and Improvement is addressing, the Panel shall make rec8 ommendations to the Secretary regarding such research

9 on authentic assessment which such Office should under10 take.

11 ‘‘SEC. 8015. EVALUATION AND REPORTS.

12 ‘‘(a) EVALUATION.—The Secretary shall, through the

13 National Academy of Sciences, conduct an evaluation and

14 issue reports that include the following:

15 ‘‘(1) EVALUATION REPORT.—An evaluation of

16 the effectiveness of—

17 ‘‘(A) school delivery standards described in

18 section 8012(c)(2);

19 ‘‘(B) research on authentic assessment

20 conducted by the Office of Educational Re21 search and Improvement; and

22 ‘‘(C) the model assessments for national

23 content standards for mathematics.

24 ‘‘(2) RECOMMENDATIONS.—Recommendations

25 regarding the need for additional criteria to deter-
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1 mine the validity, reliability, and fairness of assess2 ments;

3 ‘‘(3) CRITERIA.—Criteria for evaluating—

4 ‘‘(A) whether assessments are substantially

5 aligned to the voluntary national content stand6 ards; and

7 ‘‘(B) the sufficiency of evidence regarding

8 the technical quality of an assessment in rela9 tion to its intended use.

10 ‘‘(b) REPORTS.—

11 ‘‘(1) INTERIM REPORT.—The National Acad12 emy of Sciences shall submit to the Congress, Sec13 retary of Education, and the public an interim re14 port regarding the material described in subsection

15 (a) not later than December 31, 1993.

16 ‘‘(2) FINAL REPORT.—The National Academy

17 of Sciences shall submit to the Congress, Secretary

18 of Education, and the public a final report regarding

19 the material described in subsection (a) not later

20 than December 31, 1994.

21 ‘‘SEC. 8016. DEFINITIONS.

22 ‘‘For purposes of this title—

23 ‘‘(1) the term ‘content standards’ means a de24 scription, in a particular subject area, of the knowl25 edge and skills children should acquire.
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1 ‘‘(2) the term ‘school delivery standards’ means

2 the criteria for, and means of assessing, the re3 sources, practices, and conditions necessary at each

4 level of the education system (schools, school dis5 tricts, and States) to provide all students with an

6 opportunity to learn the material in both the vol7 untary national content standards (and the

8 workforce readiness standards), such as—

9 ‘‘(A) the quality and availability of the cur10 riculum, instructional materials and tech11 nologies, and facilities;

12 ‘‘(B) the ability of teachers to provide

13 quality instruction;

14 ‘‘(C) the availability of the best knowledge

15 about teaching, learning, and learners to teach16 ers and administrators;

17 ‘‘(D) the relationship of assessments to

18 curricula; and

19 ‘‘(E) the presence of policies and practices

20 that support desired student learning, including

21 achievement of the voluntary national content

22 standards by all students.

23 ‘‘SEC. 8017. AUTHORIZATION OF APPROPRIATIONS.

24 ‘‘(a) AUTHORIZATION FOR PANEL.—There are au25 thorized to be appropriated $2,000,000 for each of the fis-
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1 cal years 1993 through 1996 for grants to the National

2 Education Goals Panel established under section 8003 to

3 carry out its duties under this part.

4 ‘‘(b) AUTHORIZATION FOR EVALUATIONS AND RE5 PORTS.—There are authorized to be appropriated

6 $2,000,000 for fiscal years 1993 through 1996 for the Na7 tional Academy of Sciences to carry out section 8015.

8 ‘‘(c) AUTHORIZATION FOR VOLUNTARY NATIONAL

9 CONTENT STANDARDS.—There are authorized to be ap10 propriated $10,000,000 for fiscal year 1993 and such

11 sums as may be necessary for each of the fiscal years 1994

12 through 1996 to carry out section 8011.

13 ‘‘(d) AUTHORIZATION FOR VOLUNTARY NATIONAL

14 SCHOOL DELIVERY STANDARDS.—There are authorized

15 to be appropriated a total of $5,000,000 for the fiscal

16 years 1993 and 1994 to carry out section 8012.

17 ‘‘PART B—NEIGHBORHOOD SCHOOLS

18 IMPROVEMENT

19 ‘‘SEC. 8101. SHORT TITLE.

20 ‘‘This part may be cited as the ‘Neighborhood

21 Schools Improvement Act’.

22 ‘‘SEC. 8102. CONGRESSIONAL FINDINGS.

23 ‘‘The Congress finds that—

24 ‘‘(1) all students can learn and must realize

25 their potential if the United States is to prosper;
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1 ‘‘(2) the reforms in education of the last 15

2 years have achieved good results, but these efforts

3 often have been limited to a few schools or to a sin4 gle part of the educational system;

5 ‘‘(3) additional pilot projects will have the same

6 limited effect as previous reforms and isolated

7 changes in policy will most likely have minimal im8 pact;

9 ‘‘(4) strategies must be developed by States and

10 communities to support the revitalization of all local

11 schools by fundamentally changing the entire system

12 of education through comprehensive, coherent, and

13 coordinated improvement while recognizing the di14 verse cultural and language backgrounds and learn15 ing abilities of students;

16 ‘‘(5) parents, teachers and other local edu17 cators, and community leaders must be involved in

18 developing system-wide reform strategies that reflect

19 the needs of their individual communities;

20 ‘‘(6) States and local educational agencies,

21 working together, must immediately set about devel22 oping and implementing such system-wide reform

23 strategies if the Nation is to educate all children to

24 meet their full potential and achieve national goals;
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1 ‘‘(7) increasing funding for existing Federal

2 education programs at levels that will enable them to

3 fulfill their mission is a critical part of assisting

4 States and local educational agencies in their school

5 improvement efforts; and

6 ‘‘(8) additional Federal funds should be tar7 geted to support State and local initiatives and to le8 verage State and local resources for designing and

9 implementing system-wide reform plans.

10 ‘‘SEC. 8103. PURPOSE.

11 ‘‘It is the purpose of this part to raise the quality

12 of education for all students by supporting a 10-year

13 broad based public effort to promote coherent and coordi14 nated changes in the system of education throughout the

15 Nation at the State and local levels without jeopardizing

16 funding for existing Federal education programs.

17 ‘‘SEC. 8104. PROGRAM AUTHORIZED.

18 ‘‘The Secretary is authorized, in accordance with the

19 provisions of this part, to make grants to State edu20 cational agencies to enable States and local educational

21 agencies to reform and improve the quality of education

22 throughout the Nation. Such grants shall be used to—

23 ‘‘(1) develop innovative educational reform

24 plans, which include State achievement goals, a

25 means for developing or adopting high quality, chal-
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1 lenging curricular frameworks and coordinated cur2 ricular materials, professional development strate3 gies, and assessments; and

4 ‘‘(2) implement reforms and plans to improve

5 the education system at the State and local levels.

6 ‘‘SEC. 8105. APPLICATION.

7 ‘‘(a) IN GENERAL.—If a State desires to receive as8 sistance under this part, the State educational agency

9 shall submit an application to the Secretary at such time,

10 in such manner, and accompanied by such additional in11 formation as the Secretary may reasonably require. Such

12 application shall cover a 5-year period.

13 ‘‘(b) CONSIDERATION OF APPLICATIONS.—Each such

14 application shall—

15 ‘‘(1) contain satisfactory evidence that the

16 State educational agency has or will have authority,

17 by legislation if necessary, to implement the plan re18 quired under section 8106;

19 ‘‘(2) provide an assurance that the State has a

20 strategy for ensuring broad participation in the

21 planning process, including parents, students, teach22 ers, principals, superintendents, local school board

23 members, representatives of businesses with an in24 terest in educational improvement, representatives of

25 rehabilitation organizations, representatives of the
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1 employment and training network (including the vo2 cational education system), the deans of colleges of

3 education, representatives of community-based orga4 nizations, testing and curriculum experts, the direc5 tor of the State office responsible for teacher certifi6 cation, and the director of the State human services

7 agency, to establish the goals and to refine them in

8 the future, as well as participate in the development

9 of all other components of the plan;

10 ‘‘(3) provide an assurance that the State will

11 notify the public (including individuals with limited

12 English proficiency), through print and electronic

13 media (and other accessible formats) and notice to

14 each local educational agency—

15 ‘‘(A) that the State has made application

16 for funds under this part;

17 ‘‘(B) of the purposes for which the funds

18 will be used; and

19 ‘‘(C) that the State is developing a plan

20 under section 8106;

21 ‘‘(4) provide an assurance that all students will

22 have equal access to the curricular frameworks, high

23 quality curricular materials, and well-qualified teach24 ers;
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1 ‘‘(5) describe actions taken and resources iden2 tified or committed to meet the requirements of this

3 title;

4 ‘‘(6) provide an assurance that the applicant

5 will prepare and submit to the Secretary, annual

6 evaluations of and reports concerning the State pro7 gram; and

8 ‘‘(7) provide an assurance that the State will

9 carry out the provisions of section 8106.

10 ‘‘(c) APPROVAL.—The Secretary shall approve an ap11 plication and any amendment to the application if the ap12 plication or the amendment to such application meets the

13 requirements of this section and is of sufficient quality to

14 meet the objectives of this part. The Secretary shall not

15 finally disapprove an application or an amendment to such

16 application except after giving reasonable notice, technical

17 assistance, and an opportunity for a hearing.

18 ‘‘(d) REAPPLICATION.—(1) A State educational agen19 cy may apply for assistance for a second 5-year period and

20 such application shall be approved by the Secretary if the

21 State—

22 ‘‘(A) has met all of its reporting requirements;

23 and

24 ‘‘(B) demonstrates that it has made reasonable

25 progress in carrying out its plan.
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1 ‘‘(2) The Secretary shall not finally disapprove an ap2 plication or an amendment to such application except after

3 giving reasonable notice, technical assistance, and an op4 portunity for a hearing.

5 ‘‘SEC. 8106. DEVELOPMENT AND APPROVAL OF STATE

6 PLAN.

7 ‘‘(a) ESTABLISHMENT OF PANEL.—Each State pro8 gram assisted under this title shall establish a panel to

9 develop a statewide reform plan. Such panel shall consist

10 of—

11 ‘‘(1) the chief executive of the State (or des12 ignee);

13 ‘‘(2) the presiding officers and the minority

14 leaders of the State legislature (or designees);

15 ‘‘(3) the chief State school officer;

16 ‘‘(4) the head of the office that coordinates

17 higher education programs in the State or, if there

18 is no such office, the head of the office designated

19 under section 2008 of the Dwight D. Eisenhower

20 Mathematics and Science Education Act (20 U.S.C.

21 2988) (or designee);

22 ‘‘(5) except in the case of a State with a single

23 local educational agency, an individual nominated by

24 representatives of local educational agencies that

25 comprise between 5 to 10 percent of the local edu-
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1 cational agencies in the State with the lowest aver2 age per pupil expenditures;

3 ‘‘(6) an individual representing the State board

4 of education; and

5 ‘‘(7) individuals nominated by State organiza6 tions representing each of the following:

7 ‘‘(A) Teachers.

8 ‘‘(B) School administrators.

9 ‘‘(C) Local school boards.

10 ‘‘(D) Parents.

11 ‘‘(E) Businesses.

12 ‘‘(F) Students.

13 ‘‘(b) ADDITIONAL MEMBERS.—(1) The first meeting

14 of such panel shall be convened by the chief State school

15 officer. At such meeting, the panel members designated

16 and nominated in subsection (a) shall select additional

17 panel members, including—

18 ‘‘(A) the chairpersons of the State legislative

19 committees with jurisdiction over education;

20 ‘‘(B) director of the parent training and infor21 mation center (for children with disabilities);

22 ‘‘(C) individuals reflecting the ethnic and racial

23 diversity of the general population of the State; and

24 ‘‘(D) (except in the case of a State with a single

25 local educational agency) an individual nominated by
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1 representatives of the 5 local educational agencies

2 with the highest number of students eligible for serv3 ices under part A of chapter 1 of title I of this Act.

4 ‘‘(2) The membership of the panel shall—

5 ‘‘(A) be geographically representative of all

6 areas of the State;

7 ‘‘(B) reflect the racial and ethnic diversity of

8 the population of the State; and

9 ‘‘(C) not exceed 25 in number.

10 ‘‘(3) Following the selection of additional members,

11 the chief State school officer shall convene a meeting of

12 the full panel to establish procedures regarding the oper13 ation of subsequent meetings, including the designation of

14 a panel chairperson, consistent with applicable State law.

15 ‘‘(c) DEVELOPMENT OF STATE PLAN.—(1) The

16 panel shall develop a plan that—

17 ‘‘(A) establishes State goals to maximize

18 achievement for all children in conjunction with na19 tional educational goals;

20 ‘‘(B) establishes curricular frameworks in spe21 cific subject matter areas that incorporate the goals

22 established under subparagraph (A) consistent with

23 requirements of Federal law;

24 ‘‘(C) provides for the adoption of school delivery

25 standards;
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1 ‘‘(D) provides for the development or adoption

2 of instructional materials to assist the implementa3 tion of the curricular frameworks;

4 ‘‘(E) allocates resources to implement such a

5 system-wide reform plan;

6 ‘‘(F) provides for the establishment or adoption

7 of a valid, reliable, and fair assessment system based

8 upon the curricular frameworks that is capable of

9 accurately measuring the skills and knowledge re10 quired to meet State goals;

11 ‘‘(G) provides for professional development

12 strategies necessary for achieving the State goals;

13 ‘‘(H) establishes a process for reviewing Fed14 eral, State, and local laws and regulations and for

15 recommending changes in such laws and regulations

16 to further state-wide reform;

17 ‘‘(I) provides a process for selecting local edu18 cational agencies for participation in local system19 wide reform efforts;

20 ‘‘(J) provides for the development of objective

21 criteria and measures against which the success of

22 local plans can be evaluated;

23 ‘‘(K) provides for the ongoing evaluation of the

24 effectiveness of the State plan in closing the gap be25 tween high and under-achieving students to be as-
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1 sessed using achievement and other measures such

2 as attendance, grade retention, and dropout rates;

3 ‘‘(L) provides for the availability of curricular

4 frameworks, curricular materials, and professional

5 development in a manner ensuring equal access by

6 all local educational agencies in the State;

7 ‘‘(M) provides for a thorough review of the

8 State’s school finance program, focusing on the ade9 quacy of, and disparities in, the financial resources

10 available to each local educational agency, and how

11 such disparity affects the ability of the State edu12 cational agency and local educational agencies to de13 velop and implement reform activities consistent

14 with this part;

15 ‘‘(N) describes the steps the State educational

16 agency shall take to ensure that successful programs

17 and practices supported by subgrants awarded to

18 local educational agencies under this part shall be

19 disseminated to other local educational agencies in

20 the State;

21 ‘‘(O) provides for the development of an ade22 quate research, training, and evaluation capacity

23 within the State to further the purposes of this part;

24 ‘‘(P) describes methods of coordinating health,

25 rehabilitation, and social services with education
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1 through State interagency cooperation and agree2 ments;

3 ‘‘(Q) provide for the dissemination of informa4 tion on curricular frameworks and supportive serv5 ices for students with disabilities to enable such stu6 dents to participate;

7 ‘‘(R) describes the steps the State educational

8 agency shall take to provide remedial assistance to

9 students, schools, and local educational agencies that

10 are identified through the assessment system under

11 subparagraph (E) as having a need for such assist12 ance; and

13 ‘‘(S) provides for the development of a strategy

14 to coordinate the use and integration of technology

15 in schools throughout the State for the purposes of

16 instruction (including approaches such as live inter17 active distance learning), implementation of the

18 plan, and training of parents, teachers, and adminis19 trators.

20 ‘‘(2) In developing the plan, the panel shall—

21 ‘‘(A) emphasize outcome measures rather than

22 prescribe how the State and local educational agen23 cies should achieve such outcomes;

24 ‘‘(B) review recent innovations by other States

25 and by national professional organizations with ex-
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1 pertise in educational goals, curricula, and assess2 ment;

3 ‘‘(C) review existing Federal education pro4 grams and how they can contribute to the State

5 plan; and

6 ‘‘(D) ensure broad-based participation through

7 regular notice and dissemination of information to

8 the public (including individuals with limited English

9 proficiency) using print and electronic media and

10 other accessible formats.

11 ‘‘(3) The panel in developing the plan, shall solicit

12 and consider the views and recommendations of persons

13 having knowledge of the needs of students with disabil14 ities, including parents, students, and special education

15 teachers and administrators.

16 ‘‘(4) Following the development of the plan, the panel

17 shall seek public comment by—

18 ‘‘(A) publishing the plan with a comment period

19 of at least 60 days, or

20 ‘‘(B) notifying the public (including individuals

21 with limited English proficiency) through electronic

22 and print media (and other accessible formats) and

23 by conducting regional hearings.
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1 After providing the public with an opportunity to comment

2 on the plan, the panel shall consider the public comments

3 and make appropriate changes.

4 ‘‘(5) The plan shall be submitted to the State for re5 view and approval by the State educational agency, except

6 that any changes to such plan shall be made with the con7 currence of the panel. Prior to implementing the plan, the

8 State educational agency shall submit such plan to the

9 Secretary for approval. In the event that the State has

10 previously accomplished any of the reform activities re11 quired under this part in a specific subject area or set

12 of grade levels, the State is not required to include them

13 in the plan but shall include a request for a waiver, includ14 ing a description of such accomplishments.

15 ‘‘(6)(A) The Secretary shall approve a State’s plan

16 if such plan—

17 ‘‘(i) meets the requirements of this section; and

18 ‘‘(ii) provides evidence that the State has, or

19 will have, the resources necessary to carry it out.

20 ‘‘(B) The Secretary shall not finally disapprove a plan

21 or an amendment to such plan except after giving reason22 able notice, technical assistance, and an opportunity for

23 a hearing.

24 ‘‘(d) REVIEW OF STATE PLAN.—The panel and the

25 State educational agency shall review on an ongoing basis,
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1 the implementation of the State plan for the period during

2 which the State receives funding under this part. The re3 sults of such review shall be prepared in writing by the

4 panel and included by the State in its annual report to

5 the Secretary under section 8113(a).

6 ‘‘SEC. 8107. STATE USES OF FUNDS.

7 ‘‘(a) USES OF FUNDS.—Funds allotted by the Sec8 retary under section 8111(a)(2) and State and private

9 funds contributed to make up the total cost of a State

10 program as provided in section 8111(b) shall be used by

11 a State with an approved application for the—

12 ‘‘(1) development and implementation of the

13 State plan, including the establishment of State

14 goals, curricular frameworks, school delivery stand15 ards, and assessment systems;

16 ‘‘(2) activities of the panel (including the travel

17 expenses of the members of such panel);

18 ‘‘(3) subgrants to local educational agencies;

19 ‘‘(4) technical assistance (including dissemina20 tion of information) to local educational agencies to

21 assist in developing and carrying out their plans;

22 and

23 ‘‘(5) evaluation, reporting, and data collection.

24 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.—In the first

25 year that a State receives an allotment under this part,
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1 the State educational agency may make subgrants for the

2 purpose of developing local plans as provided in section

3 8108 consistent with section 8106(c)(1)(I). In the second

4 year, and in each succeeding year, from not less than 75

5 percent of the total cost of a State’s program, the State

6 educational agency shall make subgrants to local edu7 cational agencies which shall include—

8 ‘‘(1) at least one subgrant to a local educational

9 agency in each congressional district; and

10 ‘‘(2) a subgrant to the local educational agency

11 with the greatest number of disadvantaged children

12 in the State.

13 ‘‘(c) SPECIAL PROVISION.—Funds available under

14 section 8111 shall be used to carry out the plan in a man15 ner which ensures that all children, especially those identi16 fied through the assessment process (using achievement

17 and other measures) as not achieving satisfactorily, are

18 afforded ample opportunity to reach individual, local,

19 State, and national goals.

20 ‘‘SEC. 8108. DEVELOPMENT AND APPROVAL OF LOCAL

21 PLANS.

22 ‘‘(a) LOCAL COMMITTEE.—(1) A local educational

23 agency which desires to receive a subgrant under this sec24 tion shall establish a committee comprised of—
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1 ‘‘(A) the chief elected officer of the unit of gen2 eral purpose local government with boundaries which

3 are most closely aligned with the geographic bound4 aries of the local educational agency (or a designee);

5 ‘‘(B) the superintendent of the local educational

6 agency;

7 ‘‘(C) a representative nominated by the local

8 school board;

9 ‘‘(D) a representative nominated by a local

10 teacher association;

11 ‘‘(E) the director of special education of the

12 local educational agency;

13 ‘‘(F) a representative nominated by an influen14 tial business association with business members that

15 have an interest in educational improvement and op16 erate in a geographic area that is most closely

17 aligned with the local educational agency;

18 ‘‘(G) a representative nominated by the parents

19 of children served by part A of chapter 1 of title I

20 of this Act; and

21 ‘‘(H) the elected head of a district-wide student

22 organization, if one exists.

23 ‘‘(2)(A) The first meeting of such committee shall be

24 convened by the superintendent to enable the committee
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1 members designated and selected in paragraph (1) to se2 lect additional members including—

3 ‘‘(i) parents of students in elementary, middle,

4 and secondary schools;

5 ‘‘(ii) a representative nominated by parents of

6 children served under the Individuals with Disabil7 ities Education Act (20 U.S.C. 1400 et seq.);

8 ‘‘(iii) representatives of community-based orga9 nizations;

10 ‘‘(iv) members of the general public with a

11 strong interest in education;

12 ‘‘(v) principals;

13 ‘‘(vi) teachers;

14 ‘‘(vii) school counselors, psychologists, and so15 cial workers;

16 ‘‘(viii) curriculum, testing, and evaluation su17 pervisors; and

18 ‘‘(ix) a representative of a local higher edu19 cation institution.

20 ‘‘(B) The total number of committee members may

21 not exceed 30 and shall reflect the racial and ethnic diver22 sity of the geographical area served by the local edu23 cational agency.

24 ‘‘(3) Following the selection of the additional mem25 bers, the superintendent shall convene a meeting of the
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1 full committee to establish procedures regarding the oper2 ation of subsequent meetings, including the designation of

3 a committee chairperson, consistent with applicable State

4 and local law.

5 ‘‘(4) Each meeting of such committee shall be open

6 to the public and accessible to individuals with disabilities.

7 ‘‘(5) The committee shall develop the local plan de8 scribed in subsection (b).

9 ‘‘(6) A local educational agency which has established

10 a district-wide reform committee pursuant to State law

11 may add members and responsibilities to such committee

12 to satisfy the requirements of this section.

13 ‘‘(b) LOCAL PLAN.—(1) As described in the State re14 form plan, and consistent with the recommendations of the

15 panel established under section 8106, the State shall make

16 subgrants to local educational agencies. Each subgrant

17 shall be of a sufficient amount to develop or implement

18 a locally developed plan which—

19 ‘‘(A) is formally approved by the local edu20 cational agency;

21 ‘‘(B) describes a process to ensure broad-based

22 community participation in the development of the

23 local plan, including parents, students, teachers,

24 principals, representatives of rehabilitation organiza25 tions, representatives of the employment and train-
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1 ing network, representatives of local business asso2 ciations, and representatives of community-based or3 ganizations;

4 ‘‘(C) provides assurance that the local edu5 cational agency shall provide for an ongoing evalua6 tion of the effectiveness of the plan in meeting State

7 and local goals, and that such agency will annually

8 review the local plan;

9 ‘‘(D) proposes district-wide reform which in10 cludes—

11 ‘‘(i) the setting of local goals;

12 ‘‘(ii) a process to ensure that—

13 ‘‘(I) curricular and instructional mate14 rials reflect State goals, State curricular

15 frameworks and local goals; and

16 ‘‘(II) an assessment system is devel17 oped or adopted which is curriculum-based

18 and includes achievement and other indica19 tors that validly, fairly, and reliably meas20 ure progress of all students (including stu21 dents with limited English proficiency and

22 students with disabilities) toward meeting

23 State and local goals;

24 ‘‘(iii) the provision of teacher and adminis25 trator training; and
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1 ‘‘(iv) a review and restructuring, if nec2 essary, of the administrative and staffing struc3 ture of the local educational agency and individ4 ual schools within such agency.

5 ‘‘(E) describes how parents and secondary

6 school students are involved in the development, op7 eration, and evaluation of programs and activities

8 assisted under this part;

9 ‘‘(F) provides for the availability of curricular

10 frameworks, curricular materials, and professional

11 development in a nondiscriminatory manner;

12 ‘‘(G) provides for the ongoing evaluation of the

13 effectiveness of the local plan in closing the gap be14 tween high and under-achieving students using

15 achievement and other measures such as attendance,

16 grade retention, and dropout rates;

17 ‘‘(H) reviews existing Federal education pro18 grams, including early childhood education pro19 grams, and how they contribute to the local plan;

20 ‘‘(I) based on the recommendations of students,

21 teachers and principals, identifies and describes Fed22 eral, State, and local laws and regulations that may

23 impede the implementation of the plan, if any;
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1 ‘‘(J) describes the process that will be used to

2 ensure that the funds received will be used to the

3 maximum extent at the local school level;

4 ‘‘(K) describes the steps the local educational

5 agency shall take to ensure that successful practices,

6 supported by assistance provided to schools under

7 this part shall be disseminated to other schools in

8 the local educational agency; and

9 ‘‘(L) provides special attention to the needs of

10 minority students, including instructional programs

11 and activities that—

12 ‘‘(i) reflect cultural awareness and multi13 cultural diversity;

14 ‘‘(ii) encourage alternative learning styles;

15 and

16 ‘‘(iii) encourage such students in elemen17 tary and secondary schools to aspire to enter

18 higher education programs.

19 ‘‘(2) In making subgrants to local educational agen20 cies under this subsection, the State shall give priority

21 consideration to local plans which are broadly supported

22 within their communities as evidenced by—

23 ‘‘(A) the comments of the local committee re24 quired under subsection (e)(2);
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1 ‘‘(B) the record of the hearings conducted by

2 local educational agencies under subsection (d)(2);

3 and

4 ‘‘(C) letters and resolutions submitted by local

5 groups and organizations.

6 ‘‘(c) ASSISTANCE FOR LOCAL PLAN DEVELOP7 MENT.—The State shall provide technical assistance in the

8 development of a local plan where necessary which—

9 ‘‘(1)(A) is to be submitted by a local edu10 cational agency with a large number or percentage

11 of educationally disadvantaged students, students

12 who have dropped out of school, or students with

13 disabilities; or

14 ‘‘(B) is to be submitted by a local educational

15 agency which demonstrates need for such assistance;

16 ‘‘(2) promotes comprehensive, district-wide re17 form; and

18 ‘‘(3) has the support of parents, teachers, busi19 nesses, and community-based service organizations.

20 ‘‘(d) SUBMISSION OF LOCAL PLAN.—(1) The com21 mittee shall submit the plan to the local educational agen22 cy for review.

23 ‘‘(2) Prior to consideration of the plan for approval,

24 the local educational agency, with proper public notice (in-
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1 cluding notice in accessible formats), shall conduct public

2 meetings to:

3 ‘‘(A) receive an explanation of all aspects of the

4 plan by the local committee;

5 ‘‘(B) review and discuss the plan, including—

6 ‘‘(i) whether it meets the requirements of

7 this section;

8 ‘‘(ii) the revenue, resource, and budget im9 plications of the plan for the local educational

10 agency; and

11 ‘‘(iii) the effect of the plan on staffing, or12 ganization, personnel policies, and collective

13 bargaining agreements of the local educational

14 agency;

15 ‘‘(C) discuss possible modifications to the plan;

16 and

17 ‘‘(D) solicit the views of other interested indi18 viduals, including the superintendent, principals,

19 teachers, other officials of the local educational

20 agency, parents, and students.

21 ‘‘(e) CONSIDERATION OF LOCAL PLAN.—

22 ‘‘(1) After the meetings required under sub23 section (d), the local educational agency, with proper

24 notice, shall convene a public meeting to consider

25 the local plan and shall—
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1 ‘‘(A) approve the plan with or without

2 modification;

3 ‘‘(B) disapprove the plan; or

4 ‘‘(C) return the plan to the committee for

5 further development.

6 ‘‘(2) A local educational agency which approves

7 a local plan shall include the written comments of

8 the local committee prior to submitting such plan to

9 the State for consideration for a subgrant.

10 ‘‘(3) Additional development, submission, and

11 consideration of the local plan shall be consistent

12 with the provisions of this section.

13 ‘‘(f) ADDITIONAL SUBGRANT.—A local educational

14 agency may not receive an additional subgrant in a suc15 ceeding year unless such local educational agency dem16 onstrates reasonable progress in the implementation of its

17 local plan and, after its third year of funding under this

18 part, provides evidence of improved student achievement.

19 ‘‘(g) REVIEW OF LOCAL PLAN.—(1) The committee

20 and the local educational agency shall review, on an ongo21 ing basis, the progress of the local educational agency in

22 implementing the local plan for the period during which

23 such agency receives funding under this part.

24 ‘‘(2) The committee shall annually submit a written

25 progress report to the local educational agency, the State
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1 panel established under section 8106, and the State edu2 cational agency. The local educational agency may submit

3 a separate report, including comments on the report sub4 mitted by the committee.

5 ‘‘SEC. 8109. LOCAL USES OF FUNDS.

6 ‘‘(a) DEVELOPMENT OF PLAN.—A local educational

7 agency which receives a subgrant under this part shall use

8 the funds for the purpose of district-wide reform, consist9 ent with the State and local plans. Authorized activities

10 may include—

11 ‘‘(1) development and implementation of the

12 local plan;

13 ‘‘(2) schools which reflect the best available

14 knowledge regarding teaching and learning for all

15 students in public schools, which use the highest

16 quality instructional materials and technologies, and

17 which are designed to meet national, State, and local

18 educational goals as well as the particular needs of

19 their students and communities;

20 ‘‘(3) systems such as merit schools which re21 ward public schools with students who, taken as a

22 whole, demonstrate improved performance on cur23 riculum related outcome measures accepted by the

24 States or developed in the State assessment process;
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1 ‘‘(4) activities that supplement early childhood

2 education programs and increase the readiness of

3 young children to learn;

4 ‘‘(5) site-based management which places maxi5 mum decisionmaking authority at the individual

6 school level and that, at a minimum, involves teach7 ers and other professional staff;

8 ‘‘(6) activities which maximize parental involve9 ment in improving the education of their children;

10 ‘‘(7) coordination of health, rehabilitation, and

11 social services with education;

12 ‘‘(8) activities that provide incentives for higher

13 levels of student performance and lead to improved

14 student motivation and achievement;

15 ‘‘(9) planning to improve the use of technology

16 (including instructional and assistive technology) in

17 schools;

18 ‘‘(10) professional development activities of

19 teachers and local administrators;

20 ‘‘(11) replication of successful education pro21 grams or components of such programs that will en22 able the local educational agency to attain the goals

23 of the State and local plans;
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1 ‘‘(12) provision of technical assistance to indi2 vidual schools to enable such schools to attain the

3 goals of the State and local plans;

4 ‘‘(13) development or adoption, with substantial

5 involvement of principals, teachers, and other admin6 istrators, of curricula, instructional materials, and

7 assessment instruments which are consistent with

8 State frameworks and local goals;

9 ‘‘(14) support initiatives of teachers related to

10 the State curricular frameworks, development and

11 implementation of the local plan, and innovative ap12 proaches to improving student achievement;

13 ‘‘(15) support of initiatives similar to those au14 thorized under paragraph (14) by local school co15 operatives or consortia which are a part of an edu16 cational reform plans;

17 ‘‘(16) demonstrating and evaluating the effec18 tiveness of improving teacher and student perform19 ance by reducing the numbers of students in class20 rooms; and

21 ‘‘(17) improving the academic performance and

22 reducing the dropout rate of at-risk students

23 through the use of mentors.

24 ‘‘(b) INVOLVEMENT OF PRINCIPALS AND TEACH25 ERS.—A local educational agency shall involve teachers
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1 and school principals in the development, operation, and

2 evaluation of activities assisted by funds provided under

3 this part.

4 ‘‘SEC. 8110. AUTHORIZATION OF APPROPRIATIONS.

5 ‘‘For the purpose of carrying out this part, there are

6 authorized to be appropriated $800,000,000 for the fiscal

7 year 1993, and such sums as may be necessary for the

8 fiscal years 1994 through 2002.

9 ‘‘SEC. 8111. ALLOTMENT OF FUNDS.

10 ‘‘(a) TO STATES.—(1) From funds appropriated

11 under section 8110, the Secretary shall allot to the Sec12 retary of the Interior for each fiscal year an amount equal

to 1 13 ⁄2 of 1 percent of the funds appropriated, not to exceed

14 $2,000,000 in any fiscal year, to benefit Indian students

15 enrolled in schools funded by the Department of the Inte16 rior for Indian students. The provisions of subsection (b)

17 of this section shall not apply to payments made under

18 this paragraph.

19 ‘‘(2) From the remaining amount appropriated under

20 section 8110, the Secretary shall make annual grants to

21 States with approved applications based upon the formula

22 established in part A of chapter 1 of title I of this Act.

23 ‘‘(3)(A) The Assistant Secretary of the Interior for

24 Indian Affairs shall reserve, from the allotment to carry

25 out this subsection, an amount not to exceed $500,000
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1 to provide, through the National Academy of Sciences, for

2 an analysis of the costs associated with meeting the aca3 demic standards of the Bureau of Indian Affairs by each

4 school funded by such Bureau. The results of such analy5 sis shall be reported, in aggregate and school specific

6 form, to the chairpersons of the Committee on Education

7 and Labor of the House and the Select Committee on In8 dian Affairs of the Senate and to the Assistant Secretary

9 of the Interior for Indian Affairs not later than 6 months

10 following the date of enactment of this title.

11 ‘‘(B) Such analysis shall evaluate the cost of provid12 ing a program in each school funded by the Bureau of

13 Indian Affairs during the academic year July 1, 1993,

14 through June 30, 1994, and shall be based on—

15 ‘‘(i) the standards—

16 ‘‘(I) published by such Bureau in the Fed17 eral Register and in effect for Bureau operated

18 schools on July 1, 1993, or

19 ‘‘(II) incorporated within grant or contract

20 agreements in effect on such date for tribally

21 controlled schools funded by such Bureau

22 through the Student Equalization program

23 under section 1126 of Public Law 95–561, as

24 amended:
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1 ‘‘(ii) the best projections of student counts and

2 demographics, as independently determined by such

3 Academy; and

4 ‘‘(iii) the pay and benefit schedules and other

5 personnel requirements for each such Bureau funded

6 school, in effect on July 1, 1993.

7 ‘‘(b) MATCHING REQUIREMENT.—(1) The Federal

8 share under this part may not exceed—

9 ‘‘(A) 100 percent of the total cost of a program

10 for the first year for which a State receives funds

11 under this part;

12 ‘‘(B) 85 percent of the total cost of a program

13 for the second year for which a State receives funds

14 under this part;

15 ‘‘(C) 60 percent of the total cost of a program

16 for the third year for which a State receives funds

17 under this part;

18 ‘‘(D) 45 percent of the total cost of a program

19 for the fourth year for which a State receives funds

20 under this part; and

21 ‘‘(E) 33 percent of the total cost of a program

22 for the fifth and any succeeding year for which a

23 State receives funds under this part.

24 ‘‘(2) The remaining cost of a program that receives

25 assistance under this part shall be paid by the State from
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1 State funds and may include contributions from the pri2 vate sector.

3 ‘‘(3) The share of payments from sources other than

4 funds appropriated under this part may be in cash or in

5 kind fairly evaluated.

6 ‘‘(4) The requirements of this subsection shall not

7 apply to the Virgin Islands, the Commonwealth of Puerto

8 Rico, or Pacific outlying areas.

9 ‘‘(c) MAINTENANCE OF EFFORT.—A State is entitled

10 to receive its full allotment of funds under this section for

11 any fiscal year if the Secretary finds that either the com12 bined fiscal effort per student or the aggregate expendi13 tures within the State with respect to the provision of free

14 public education for the preceding fiscal year was not less

15 than 90 percent of such combined fiscal effort or aggre16 gate expenditures for the second preceding fiscal year.

17 ‘‘(d) ADMINISTRATIVE COSTS.—From its annual al18 lotment, a State may reserve for administration (not to

19 include the activities of the panel) an amount not to ex20 ceed 4 percent or $250,000, whichever is greater.

21 ‘‘(e) ASSURANCES AND TERMS.—(1) The funds allot22 ted to the Secretary of the Interior under subsection (a)(1)

23 shall be made in a payment which shall be pursuant to

24 an agreement between the Secretary and the Secretary of

25 the Interior containing such assurances and terms as the
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1 Secretary determines will best achieve the purposes of this

2 part. The agreement shall contain an assurance that—

3 ‘‘(A) a panel, as set forth in paragraph (2) of

4 this subsection, shall be established;

5 ‘‘(B) a plan as required in section 8106 shall be

6 developed by such panel; and

7 ‘‘(C) the provisions and activities required

8 under sections 8106 and 8107 shall be carried out

9 in the same time frames stipulated for the States in

10 those sections, provided that the term ‘local edu11 cational agencies’ shall be interpreted to mean

12 ‘schools funded by the Bureau of Indian Affairs’.

13 ‘‘(2) To carry out the provisions of this part, and to

14 develop the plan required under the agreement with the

15 Secretary required in paragraph (1), the Secretary of the

16 Interior shall establish a panel coordinated by the Assist17 ant Secretary of the Interior for Indian Affairs to develop

18 a system-wide reform plan. Such panel shall consist of—

19 ‘‘(A) the Assistant Secretary of the Interior for

20 Indian Affairs (or designee);

21 ‘‘(B) the chairpersons and ranking minority

22 members of the Committee on Education and Labor

23 of the House of Representatives and the Select Com24 mittee on Indian Affairs of the Senate (or their des25 ignees);
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1 ‘‘(C) the Director of the Office of Indian Edu2 cation Programs of the Bureau of Indian Affairs

3 and such heads of divisions in such office as the Di4 rector shall designate;

5 ‘‘(D) a representative nominated by each of the

6 following—

7 ‘‘(i) the organization representing the ma8 jority of teachers and professional personnel in

9 Bureau-operated schools;

10 ‘‘(ii) the organization representing the ma11 jority of nonteaching personnel in Bureau-oper12 ated schools, if not the same organization as in

13 clause (i);

14 ‘‘(iii) school administrators of Bureau-op15 erated schools;

16 ‘‘(iv) education line officers located in Bu17 reau area or agency offices serving elementary

18 or secondary programs;

19 ‘‘(v) the organization representing the ma20 jority of Bureau-funded contract or grants

21 schools not serving students on the Navajo res22 ervation;

23 ‘‘(vi) the organization representing the ma24 jority of Bureau-funded contract or grants
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1 schools serving students on the Navajo reserva2 tion;

3 ‘‘(vii) the organization representing the

4 school boards required in Bureau-operated

5 schools, not serving students on the Navajo res6 ervation; and

7 ‘‘(viii) the organization representing the

8 school boards required in Bureau-operated

9 schools, serving students on the Navajo reserva10 tion.

11 In addition, the members of the panel stipulated

12 above shall designate for full membership 3 tribal

13 chairmen (or designees) or representatives of 3 na14 tional organizations which primarily represent na15 tional Indian education concerns, or a combination

16 of these 2 classes, provided that the National Advi17 sory Council on Indian Education, established under

18 the Indian Education Act of 1972, (25 U.S.C. 2601

19 et seq.) shall not be included as an organization for

20 consideration under this provision.

21 ‘‘SEC. 8112. AVAILABILITY OF INFORMATION AND TRAIN22 ING.

23 ‘‘(a) INFORMATION AND TRAINING.—Proportionate

24 to the number of children in a State or in a local edu-
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1 cational agency who are enrolled in private elementary or

2 secondary schools—

3 ‘‘(1) a State educational agency or local edu4 cational agency which uses funds under this part to

5 develop goals, curricular frameworks, curricular ma6 terials, and assessments shall, upon request, make

7 information related to such goals, frameworks, mate8 rials, and assessments available to private schools;

9 and

10 ‘‘(2) a State educational agency or local edu11 cational agency which uses funds under this part for

12 teacher and administrator training shall provide in

13 its plan for the training of teachers and administra14 tors of private schools located in the geographical

15 area served by such agency.

16 ‘‘(b) WAIVER.—If, by reason of any provision of law,

17 a State or local educational agency is prohibited from pro18 viding for the equitable participation of teachers and ad19 ministrators from private schools in training programs as20 sisted with Federal funds provided under this part, or if

21 the Secretary determines that a State or local educational

22 agency has substantially failed or is unwilling to provide

23 for such participation, the Secretary shall waive such re24 quirements and shall arrange for the provision of training

25 consistent with State goals and curricular frameworks for
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1 such teachers and administrators. Such waivers shall be

2 subject to consultation, withholding, notice, and judicial

3 review in accordance with section 1017 of this Act.

4 ‘‘SEC. 8113. ANNUAL PROGRESS REPORTS: TECHNICAL AS5 SISTANCE.

6 ‘‘(a) ANNUAL REPORT.—A State which receives

7 funds under this part shall annually report to the Sec8 retary—

9 ‘‘(1) regarding such State’s progress in meeting

10 its goals and plans;

11 ‘‘(2) describing proposed activities for the suc12 ceeding year; and

13 ‘‘(3) describing Federal regulations which may

14 impede reform activities under this part as described

15 in local plans approved by the State.

16 ‘‘(b) ADDITIONAL REPORT; TECHNICAL ASSIST17 ANCE.—(1) Each State which receives funds under this

18 part shall submit to the Secretary a biennial report on

19 revenues available to, and expenditures by, each local edu20 cational agency in the State during the second preceding

21 year. This report shall be developed in accordance with

22 data definitions developed and published by the National

23 Center for Education Statistics, and shall include at least

24 the following information for each local educational agency

25 within the State—
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1 ‘‘(A) sources of revenues, identified by level of

2 Government and type in the case of taxes;

3 ‘‘(B) types of educational services offered;

4 ‘‘(C) pupil enrollment, average daily attendance,

5 and average daily membership;

6 ‘‘(D) demographic information on student popu7 lation;

8 ‘‘(E) type and responsibilities of each local edu9 cational agency, including a description of grade lev10 els served; and

11 ‘‘(F) age and condition of facilities, including

12 the percent of budget expended for maintenance and

13 operation.

14 ‘‘(2) After submission of the first biennial report

15 under paragraph (1), a State, using data and definitions

16 developed by the National Center on Education Statistics,

17 shall include in each subsequent biennial report for each

18 local educational agency the following information:

19 ‘‘(A) Tax assessment rates, policies, and prac20 tices.

21 ‘‘(B) The ability of such local educational agen22 cy to raise additional revenues.

23 ‘‘(C) The costs of providing elementary and sec24 ondary education services.
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1 ‘‘(3) The report required by this subsection shall also

2 contain a detailed description of the State’s school finance

3 programs including each program’s—

4 ‘‘(A) purpose;

5 ‘‘(B) eligibility criteria;

6 ‘‘(C) sources of revenue;

7 ‘‘(D) aggregate level of funding;

8 ‘‘(E) mechanism or formula for distributing

9 funds among local educational agencies; and

10 ‘‘(F) restrictions on use of funds.

11 ‘‘(4) In developing data definitions under this sub12 section, the National Center for Education Statistics shall

13 consult with individuals knowledgeable in the field of edu14 cation finance.

15 ‘‘(5) Each State shall make its first report to the Sec16 retary under this subsection not later than two years after

17 the date that the Secretary initially allots funds under sec18 tion 8111.

19 ‘‘(c) TECHNICAL ASSISTANCE.—The Secretary shall

20 provide technical assistance, either directly by grant or by

21 contract, to the States to assist them in complying with

22 the requirements of this section.

23 ‘‘(d) DATA REVIEW.—The National Center for Edu24 cation Statistics shall review the data from reports com25 piled under this section to determine adherence to the defi-
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1 nitions required in subsection (b) before it is submitted

2 for policy analysis by the National Academy of Sciences

3 under subsection (c) of section 8114. The National Center

4 for Education Statistics shall forward to the Secretary and

5 the National Academy of Sciences any discrepancies it de6 termines between the data and the definitions and any cor7 rections necessary to achieve consistency in the data, par8 ticularly as it relates to differences in data of the various

9 States.

10 ‘‘SEC. 8114. EVALUATION AND DISSEMINATION.

11 ‘‘(a) EVALUATION.—The Secretary shall evaluate a

12 representative sample of such State and local reform ef13 forts over the course of the 10-year authorization in order

14 to assess the effectiveness of such plans and activities in

15 improving the educational performance of all children.

16 Such evaluations shall specifically examine the effects of

17 such activities on disadvantaged students. The Secretary

may reserve up to 3 18 ⁄4 of one percent of the appropriations

for this part to carry out this section provided that 1 19 ⁄2

20 of one percent of such appropriation shall be reserved for

21 technical assistance under section 8113(c) and for sub22 section (c) of this section.

23 ‘‘(b) DISSEMINATION.—The Secretary shall, annually

24 and upon request, disseminate to the States information
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1 on approaches and materials developed under this part or

2 through related efforts.

3 ‘‘(c) CONTRACT FOR STATISTICAL, LEGAL, AND POL4 ICY ANALYSIS.—(1) The Secretary shall provide, through

5 a contract with the National Academy of Sciences, for the

6 preparation of a statistical, legal, and policy analysis of

7 school finance and related data reported by the States

8 under section 8113(b). Such analysis shall—

9 ‘‘(A) address disparities in educational expendi10 tures and the reasons for such disparities among

11 local educational agencies in each State and among

12 States across the Nation; and

13 ‘‘(B) describe the degree to which the data re14 ported by States under section 8113 was useful in

15 its preparation.

16 ‘‘(2) In conducting such analysis, the National Acad17 emy of Sciences shall use statistical methods generally ac18 cepted by school finance specialists, and shall develop

19 model State school finance programs based on generally

20 accepted concepts of equalized school finance programs.

21 Such models shall take into consideration a variety of fac22 tors, including—

23 ‘‘(A) State and local variations in student de24 mographics and needs, and the costs of meeting

25 such needs;
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1 ‘‘(B) adequacy of resources;

2 ‘‘(C) ability and willingness of States and local

3 educational agencies to raise additional revenues;

4 and

5 ‘‘(D) costs of providing educational services.

6 ‘‘(3) Not later than three years following the date

7 that the Secretary makes the first allotment of funds to

8 States under section 8111, the National Academy of

9 Sciences shall provide a report containing the information

10 required by this subsection to the Chairpersons of the

11 Committee on Education and Labor of the House of Rep12 resentatives and the Committee on Labor and Human Re13 sources of the Senate and to the Secretary. The Secretary

14 shall expeditiously make such report available to States

15 and, upon request, to the public.

16 ‘‘(4) The Secretary, upon request, shall provide, ei17 ther directly or by contract, technical assistance to States

18 which endeavor to implement a model school finance pro19 gram developed by the National Academy of Sciences

20 under this subsection.

21 ‘‘SEC. 8115. REPORT TO CONGRESS.

22 ‘‘The Secretary shall submit annually to the chair23 persons of the Committee on Education and Labor of the

24 House of Representatives and the Committee on Labor
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1 and Human Resources of the Senate a report that con2 tains—

3 ‘‘(1) a description of the progress that States

4 receiving funds under this part have made in devel5 oping and implementing their plans;

6 ‘‘(2) information from State and local reports

7 regarding requirements in Federal law or regulation

8 which have been identified by States and local edu9 cational agencies as impeding the system-wide re10 form of schools under this part; and

11 ‘‘(3) a list by State of average per pupil expend12 itures reflecting the most recent data reported under

13 section 8113(b) and reviewed under section 8113(d).

14 ‘‘SEC. 8116. GENERAL PROVISIONS.

15 ‘‘Nothing in this part shall—

16 ‘‘(1) supersede State law;

17 ‘‘(2) be construed to authorize any department,

18 agency, officer, or employee of the Federal Govern19 ment to—

20 ‘‘(A) exercise any control over the curricu21 lum, program of instruction, administration or

22 personnel of any educational institution or

23 school system; or

24 ‘‘(B) prescribe the use of particular stand25 ards, assessments, or instructional materials;
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1 ‘‘(3) be construed to limit the rights or respon2 sibilities of any person under any Federal law; or

3 ‘‘(4) be construed to prohibit a local educational

4 agency from receiving contributions from private or5 ganizations or individuals for the purpose of sup6 porting the development or implementation of its

7 local reform plan.

8 ‘‘SEC. 8117. DEFINITIONS.

9 ‘‘For purposes of this part:

10 ‘‘(1) The term ‘assessment system’ means a

11 system for measuring the abilities and academic

12 achievement of students that is based upon a set of

13 curricular frameworks and expected outcomes.

14 ‘‘(2) The term ‘curricular framework’ means a

15 description, in a particular subject area, of the

16 knowledge and skills children should acquire.

17 ‘‘(3) The term ‘Pacific outlying area’ means

18 American Samoa, Guam, the Commonwealth of the

19 Northern Mariana Islands, and the Republic of

20 Palau (until such time as the Compact of Free Asso21 ciation is ratified).
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1 ‘‘PART C—FLEXIBILITY DEMONSTRATION

2 PROGRAM

3 ‘‘SEC. 8401. SHORT TITLE.

4 ‘‘This part may be cited as the ‘Flexibility for Edu5 cational Effectiveness Act of 1993’.

6 ‘‘SEC. 8402. FINDINGS AND PURPOSES.

7 ‘‘(a) FINDINGS.—The Congress finds that—

8 ‘‘(1) historically, Federal education programs

9 have addressed the Nation’s most pressing edu10 cational problems by providing categorical assistance

11 with various requirements relating to the use of

12 funds;

13 ‘‘(2) while the approach described in paragraph

14 (1) has proven generally successful, some program

15 requirements may inadvertently impede educational

16 achievement;

17 ‘‘(3) schools face increasingly diverse popu18 lations of disadvantaged students due to the influx

19 of many immigrant children, the growth in poverty

20 among children, and changes in the family structure;

21 ‘‘(4) schools are asked not only to educate such

22 increasingly diverse student populations, but to meet

23 disadvantaged students’ needs for social, health, and

24 nutritional services;
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1 ‘‘(5) in an era when educational change and re2 form must prevail, it is more important than ever to

3 provide programs that—

4 ‘‘(A) result in improved educational out5 comes for disadvantaged students;

6 ‘‘(B) promote the coordination of education

7 and related services that benefit children and

8 their families;

9 ‘‘(C) respond flexibly to the needs of a di10 verse student population;

11 ‘‘(D) stop the proliferation of unnecessary

12 Federal, State, and local regulation; and

13 ‘‘(E) place less emphasis on reviewing pro14 cedures and more emphasis on achieving pro15 gram results.

16 ‘‘(b) PURPOSE.—It is the purpose of this part to es17 tablish a national demonstration program which—

18 ‘‘(1) promotes educational reform that leads to

19 improved educational outcomes for disadvantaged

20 students;

21 ‘‘(2) holds accountable the schools and other re22 cipients of Federal funds for achieving specific edu23 cational improvement goals in exchange for in24 creased flexibility in the use of their resources; and
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1 ‘‘(3) enables school and program administra2 tors, teachers, parents, local agencies, and commu3 nity groups to work together to develop effective

4 education programs that lead to improved achieve5 ment and meet the needs of disadvantaged students.

6 ‘‘SEC. 8403. PROGRAM AUTHORIZED.

7 ‘‘(a) STATES.—

8 ‘‘(1) WAIVERS AUTHORIZED.—Except as pro9 vided in subsection (e) and section 8409, the Sec10 retary is authorized to waive statutory or regulatory

11 requirements in accordance with the provisions of

12 this part for not more than 10 States which have

13 implemented comprehensive regulatory reform plans

14 involving not more than 20 local educational agen15 cies and 75 schools in each such State in order to

16 enable such States to conduct demonstration

17 projects to find more flexible ways to provide edu18 cation and other services to disadvantaged students.

19 ‘‘(2) LIMITATION.—The Secretary shall only

20 waive statutory or regulatory requirements if the

21 Secretary determines that such requirements may

22 impede the ability of a school or other service pro23 vider to—

24 ‘‘(A) provide education and other services

25 to disadvantaged students; or
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1 ‘‘(B) meet the special needs of such stu2 dents and other individuals in the most effective

3 manner possible.

4 ‘‘(b) OTHER FEDERAL AGENCIES.—

5 ‘‘(1) WAIVERS.—The head of any other Federal

6 agency who has entered into an agreement with the

7 Secretary pursuant to paragraph (2) is similarly au8 thorized to waive only regulatory requirements appli9 cable to an elementary, secondary, or youth voca10 tional training program administered by such agency

11 if the agency head and the Secretary agree that such

12 a waiver would provide more flexible ways to provide

13 education and other services to disadvantaged stu14 dents.

15 ‘‘(2) AGREEMENT.—For the purpose of consid16 ering requests for waivers under this part regarding

17 requirements related to programs administered by

18 other Federal agencies, the Secretary shall enter

19 into written agreements with the heads of such

20 agencies which describe the process to be used to

21 consider such requests.

22 ‘‘(c) STATE AND LOCAL EDUCATIONAL AGENCY AP23 PLICATION TRANSMITTAL.—The Secretary or the head of

24 any other Federal agency shall only waive the statutory

25 or regulatory requirements in accordance with the provi-
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1 sions of this part after receiving applications from a State

2 educational agency in accordance with subsections (a) and

3 (b) of section 8408.

4 ‘‘(d) APPROVAL OF PROJECTS.—

5 ‘‘(1) IN GENERAL.—The Secretary shall ap6 prove applications from States which have imple7 mented, or will implement prior to applying to the

8 Secretary under section 8408, comprehensive regu9 latory reform demonstration projects under this sec10 tion that the Secretary determines show substantial

11 promise of achieving the purposes of this section,

12 after considering—

13 ‘‘(A) the comprehensiveness of the project,

14 including the types of students, schools, pro15 grams, and activities to be included;

16 ‘‘(B) the extent to which the requirements

17 for which waivers are sought impede edu18 cational improvement;

19 ‘‘(C) the State and local requirements that

20 will be waived for the project;

21 ‘‘(D) the significance and feasibility of the

22 proposed project’s goals for each participating

23 school or site; and
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1 ‘‘(E) the quality of the plan for ensuring

2 accountability for the proposed plan’s activities

3 and goals.

4 ‘‘(2) CONSULTATION.—The Secretary shall con5 sult with the heads of other appropriate Federal

6 agencies, if any, in determining whether to approve

7 a project. Each such agency head shall notify the

8 Secretary of any waivers granted by such agency

9 head as part of such project.

10 ‘‘(3) DISTRIBUTION OF PROJECTS.—The Sec11 retary shall ensure that, to the extent feasible,

12 projects assisted under this section are geographi13 cally distributed, and equitably distributed among

14 urban, suburban, and rural areas, as well as large

15 and small schools.

16 ‘‘(e) TERRITORIES.—

17 ‘‘(1) IN GENERAL.—Notwithstanding the defini18 tion of ‘State’ contained in section 1471(22), the

19 Secretary is authorized to consider an application

20 from each of the territories of the Virgin Islands,

21 American Samoa, Guam, the Commonwealth of the

22 Northern Mariana Islands, and the Republic of

23 Palau (until such time as the Compact of Free Asso24 ciation is ratified) and to waive certain requirements
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1 in not more than four schools for each of such terri2 tories.

3 ‘‘(2) SPECIAL RULE.—The requirements of sub4 section (a)(1) regarding the number of States and

5 schools that may be approved for waivers shall not

6 include the entities described in paragraph (1).

7 ‘‘SEC. 8404. FEDERAL WAIVERS OF GENERAL REQUIRE8 MENTS.

9 ‘‘A State educational agency may request waivers of

10 Federal statutory or regulatory requirements relating to

11 the uses of funds for programs serving disadvantaged stu12 dents to allow funds to be combined to better serve dis13 advantaged students in the regular classroom.

14 ‘‘(1) PRESCHOOL PROGRAMS.—In the case of

15 preschool programs serving disadvantaged students,

16 such programs shall include chapter 1 and may in17 clude—

18 ‘‘(A) the Head Start Act (only for require19 ments related to age, family income, length of

20 day, and restrictions on reimbursement);

21 ‘‘(B) the Even Start Act; and

22 ‘‘(C) the Child Care Quality Improvement

23 Act.

24 ‘‘(2) ELEMENTARY SCHOOL.—In the case of

25 programs serving disadvantaged students at the ele-
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1 mentary school level, such programs shall include

2 chapter 1 and may include—

3 ‘‘(A) chapter 2 of title I of this Act;

4 ‘‘(B) the Jacob K. Javits Gifted and Tal5 ented Students Education Act of 1988;

6 ‘‘(C) the Drug-Free Schools and Commu7 nities Act of 1986;

8 ‘‘(D) the Head Start Transition Project

9 Act;

10 ‘‘(E) the Follow Through Act;

11 ‘‘(F) the Emergency Immigrant Education

12 Act of 1984; and

13 ‘‘(G) the Dwight D. Eisenhower Mathe14 matics and Science Education Act.

15 ‘‘(3) SECONDARY SCHOOL.—In the case of pro16 grams serving disadvantaged students at the second17 ary school level, such programs shall include chapter

18 1 and may include—

19 ‘‘(A) the Carl D. Perkins Vocational and

20 Applied Technology Education Act;

21 ‘‘(B) the Job Training Partnership Act;

22 ‘‘(C) chapter 2 of title I of this Act;

23 ‘‘(D) the Drug-Free Schools and Commu24 nities Act of 1986;
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1 ‘‘(E) the Emergency Immigrant Education

2 Act of 1984; and

3 ‘‘(F) the Dwight D. Eisenhower Mathe4 matics and Science Education Act.

5 ‘‘SEC. 8405. FEDERAL WAIVERS OF REQUIREMENTS FOR SO6 CIAL, HEALTH, AND NUTRITION PROGRAMS.

7 ‘‘A State educational agency may request waivers of

8 Federal statutory or regulatory requirements relating to

9 the operation of programs designed to improve the social,

10 health, and nutritional condition of disadvantaged chil11 dren. Requests may include waivers for—

12 ‘‘(1) the Nutrition Education and Training Pro13 gram under the Child Nutrition Act of 1966;

14 ‘‘(2) Programs for Improvement of Comprehen15 sive School Health Education under the Secretary’s

16 Fund for Innovation in Education described in sec17 tion 4605 of this Act;

18 ‘‘(3) the Alcohol and Drug Abuse Education

19 Act; and

20 ‘‘(4) the Drug-Free Schools and Communities

21 Act of 1986.
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1 ‘‘SEC. 8406. FEDERAL WAIVERS OF REQUIREMENTS FOR NA2 TIONAL SCHOOL LUNCH AND CHILD NUTRI3 TION PROGRAMS.

4 ‘‘The State educational agency may request waivers

5 of Federal statutory or regulatory requirements relating

6 to the operation of the school lunch and school breakfast

7 programs authorized under the National School Lunch

8 Act and the Child Nutrition Act of 1966 in order to pro9 mote more efficient operation of such programs.

10 ‘‘SEC. 8407. ELIGIBILITY.

11 ‘‘(a) STATE ELIGIBILITY.—To be eligible to partici12 pate in a demonstration project under this part, a State

13 educational agency shall have, or make a concerted at14 tempt to develop, coordinated service agreements with

15 other agencies of the State that administer social services,

16 health, mental health, and substance abuse prevention and

17 treatment programs. Such agreements shall include de18 scriptions of the manner in which such services for dis19 advantaged students are coordinated at the State level.

20 ‘‘(b) LOCAL ELIGIBILITY.—To be eligible to partici21 pate in a demonstration project under this part, a local

22 educational agency shall—

23 ‘‘(1) develop an application in accordance with

24 section 8408; and

25 ‘‘(2) have, or make a concerted attempt to de26 velop, coordinated service agreements with other
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1 local agencies and organizations to better coordinate

2 the provision of education, social services, health,

3 mental health, and substance abuse prevention and

4 treatment programs to disadvantaged students. Such

5 services shall be available at a location convenient

6 for such students and their families.

7 ‘‘SEC. 8408. APPLICATIONS.

8 ‘‘(a) GENERAL LOCAL REQUIREMENTS.—

9 ‘‘(1) GENERAL RULE.—A local educational

10 agency that desires to participate in a demonstration

11 project that waives certain State and Federal re12 quirements to improve the delivery of services to dis13 advantaged children shall submit an application to

14 the State educational agency for approval. The State

15 educational agency shall transmit such approved ap16 plications to the Secretary.

17 ‘‘(2) CONTENTS.—Each application described in

18 paragraph (1) shall—

19 ‘‘(A) identify each school that desires waiv20 ers of Federal and State requirements and de21 scribe how such requirements impede improved

22 educational outcomes;

23 ‘‘(B) specifically identify each Federal and

24 State statutory and regulatory requirement to

25 be waived, the purpose of the waiver, and how
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1 the waiver will facilitate the achievement of the

2 purpose of the program for which the waiver is

3 requested;

4 ‘‘(C) describe how program funds shall be

5 combined with chapter 1 funds, other than nu6 trition funds, to provide more effective services

7 in the regular classroom for disadvantaged stu8 dents;

9 ‘‘(D) describe how the combining of funds

10 shall—

11 ‘‘(i) allow each school that desires a

12 waiver to provide services to disadvantaged

13 students with a more comprehensive, less

14 fragmented approach;

15 ‘‘(ii) allow each school that desires a

16 waiver to better meet the educational needs

17 of disadvantaged students; and

18 ‘‘(iii) allow each school that desires a

19 waiver to allocate resources more effec20 tively;

21 ‘‘(E) describe the State and local require22 ments that will be waived, the purpose of such

23 waivers, and, if such requirements will not have

24 been waived before the project begins, when

25 those waivers will be obtained and take effect;
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1 ‘‘(F) describe the specific educational im2 provement goals for each school that desires a

3 waiver, including—

4 ‘‘(i) goals to substantially improve the

5 performance of disadvantaged students on

6 indicators of student progress that are tied

7 to State and national education goals and

8 which reflect public input;

9 ‘‘(ii) goals that reflect the broad pur10 poses of each program for which the waiver

11 is sought; and

12 ‘‘(iii) an explanation of how the local

13 educational agency shall evaluate the

14 progress of each school that desires a waiv15 er in meeting its educational improvement

16 goals;

17 ‘‘(G) describe the population of disadvan18 taged students at each school that desires a

19 waiver, the academic and other needs of such

20 students, and how the needs of such students

21 shall be addressed by the demonstration project;

22 ‘‘(H) describe how school administrators,

23 teachers, staff, and parents shall be involved in

24 the planning, development, and implementation
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1 of the goals for each school that desires a waiv2 er; and

3 ‘‘(I) contain an assurance that the local

4 educational agency shall report annually to the

5 State educational agency on the progress of

6 each participating school in meeting the goals

7 described in the application.

8 ‘‘(3) LOCAL REQUIREMENTS FOR OTHER PRO9 GRAMS.—

10 ‘‘(A) LOCAL REQUEST FOR SOCIAL,

11 HEALTH, AND NUTRITION PROGRAM WAIV12 ERS.—A local educational agency that desires

13 to receive waivers of statutory or regulatory re14 quirements to improve the social, health, and

15 nutritional services to disadvantaged students

16 shall submit an application to the State edu17 cational agency that—

18 ‘‘(i) includes a description of the im19 pediments to providing effective social,

20 health, and nutritional services to dis21 advantaged children;

22 ‘‘(ii) identifies the Federal and State

23 statutory or regulatory requirements to be

24 waived;
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1 ‘‘(iii) describes the service goals to be

2 achieved; and

3 ‘‘(iv) assures that the local edu4 cational agency shall report annually to the

5 State educational agency on the progress

6 of the school in meeting the goals de7 scribed in the application.

8 ‘‘(B) LOCAL REQUEST OF SCHOOL LUNCH

9 AND CHILD NUTRITION PROGRAM WAIVERS.—A

10 local educational agency that desires to receive

11 waivers of regulatory requirements relating to

12 the operation of school lunch and school break13 fast programs shall submit an application to the

14 State educational agency that—

15 ‘‘(i) includes a description of the im16 pediments to the efficient operation and

17 administration of the school lunch or

18 school breakfast program;

19 ‘‘(ii) identifies the Federal statutory

20 requirements to be waived;

21 ‘‘(iii) describes the management goals

22 to be achieved, such as fewer hours spent

23 on or fewer personnel dedicated to the ad24 ministration of such programs; and
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1 ‘‘(iv) assures that the local edu2 cational agency shall report annually to the

3 State educational agency on the progress

4 of a school in meeting the goals described

5 in the application.

6 ‘‘(C) SINGLE APPLICATION.—The Sec7 retary shall encourage local educational agen8 cies to submit a single application for waivers

9 under sections 8404, 8405, and 8406.

10 ‘‘(b) GENERAL STATE REQUIREMENTS.—A State

11 educational agency that desires to request waivers of stat12 utory requirements or regulations shall submit an applica13 tion to the Secretary that includes the following:

14 ‘‘(1) SCHOOL SELECTION.—The names of the

15 local educational agencies and the schools in such

16 State selected to participate in a demonstration

17 project.

18 ‘‘(2) REQUIREMENT WAIVERS.—For each local

19 educational agency described in paragraph (1), the

20 identification of the statutory or regulatory require21 ments that are requested to be waived and the goals

22 that the local educational agency intends to achieve.

23 ‘‘(3) STATE ACTION.—A description of the ac24 tion that the State has undertaken to remove State
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1 statutory or regulatory barriers identified in the ap2 plications of the local educational agencies.

3 ‘‘(4) PROGRAM COMBINATION.—A description

4 of the extent to which the State has combined State

5 programs for educating disadvantaged students and

6 State social, health, mental health, and substance

7 abuse programs with similar Federal programs, in8 cluding the administration of such programs.

9 ‘‘(5) MONITORING PROCESS.—An assurance

10 that the State educational agency shall monitor the

11 progress of the schools in meeting the goals outlined

12 in the application and that such agency shall report

13 annually on such progress to the Secretary.

14 ‘‘(6) APPROPRIATE APPROVAL.—If a local edu15 cational agency has requested a waiver of a Federal

16 or State statutory or regulatory requirement that is

17 not within the jurisdiction of the State educational

18 agency, the written approval of the appropriate

19 State official responsible for such requirement.

20 ‘‘(c) PRIORITIES.—

21 ‘‘(1) LOCAL PRIORITY.—The State educational

22 agency shall give priority consideration to the selec23 tion of local educational agencies with schools serv24 ing large numbers or percentages of students eligible
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1 to receive a free or reduced price meal, and schools

2 that are—

3 ‘‘(A) participating in schoolwide projects

4 under chapter 1;

5 ‘‘(B) recipients of multiple Federal edu6 cational programs serving disadvantaged stu7 dents; and

8 ‘‘(C) combining Federal and State social,

9 health, mental health, and substance abuse

10 services with Federal and State education pro11 grams affected by this part.

12 ‘‘(2) STATE PRIORITY.—The Secretary shall

13 give priority consideration to an application of a

14 State that—

15 ‘‘(A) demonstrates that actions have been

16 taken to waive State statutory or regulatory re17 quirements in programs similar to the Federal

18 programs for which the waivers are sought; and

19 ‘‘(B) demonstrates (and provides evidence

20 of authority) that the State has or intends to

21 coordinate and combine the administration of

22 similar Federal and State education programs

23 affected by this part and also to coordinate

24 such programs with social, health, mental

25 health, and substance abuse programs.
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1 ‘‘SEC. 8409. RESTRICTIONS ON WAIVERS.

2 ‘‘(a) IN GENERAL.—

3 ‘‘(1) PARTICIPATION REQUIREMENT.—A local

4 educational agency may request waivers only for

5 those programs in which such agency participates.

6 ‘‘(2) CONSTRUCTION.—Nothing in this part

7 shall be construed:

8 ‘‘(A) CIVIL RIGHTS AND DISCRIMINA9 TION.—To authorize any changes in, substi10 tutions for, or lessening of, the mandates and

11 protections of Federal laws and regulations re12 garding civil rights (under title VI of the Civil

13 Rights Act of 1964), discrimination (under title

14 IX of the Education Amendments of 1972, or

15 section 504 of the Rehabilitation Act of 1973,

16 the Age Discrimination Act of 1975, title II of

17 the Americans with Disabilities Act of 1990, or

18 the Individuals with Disabilities Education

19 Act), and safety, and the procedural safeguards

20 contained in such provisions.

21 ‘‘(B) USAGE OF FUNDS.—To affect regula22 tions and prohibitions concerning the diversion

23 of Federal funds for private use.

24 ‘‘(C) GENERAL REQUIREMENTS.—To ab25 solve any State, local educational agency or

26 school from—
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1 ‘‘(i) maintenance of effort or com2 parability of services requirements under

3 any program;

4 ‘‘(ii) requirements that Federal funds

5 supplement, not supplant non-Federal

6 funds;

7 ‘‘(iii) requirements to provide for the

8 equitable participation of private school

9 students;

10 ‘‘(iv) requirements under sections 438

11 and 439 of the General Education Provi12 sions Act; or

13 ‘‘(v) requirements relating to parental

14 participation.

15 ‘‘(D) FUND DISTRIBUTION.—(i) To alter

16 the distribution of funds to schools within the

17 local educational agency.

18 ‘‘(ii) To change the way funds are utilized

19 within schools for programs not included in the

20 waiver.

21 ‘‘(b) RESTRICTIONS OF SCHOOL LUNCH AND CHILD

22 NUTRITION PROGRAMS.—Nothing in this part shall be

23 construed:

24 ‘‘(1) DISCLOSURE OF INFORMATION.—To lessen

25 the mandates regarding the prohibition on the dis-
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1 closure of information regarding students receiving

2 free or reduced price meals.

3 ‘‘(2) PRICE LIMITATION.—To allow eligible

4 schools to charge more than the statutory price limit

5 for a reduced price meal.

6 ‘‘(3) MEAL COSTS.—To lessen the mandates re7 garding the requirements for serving free or reduced

8 price meals to eligible students.

9 ‘‘(4) REIMBURSEMENT.—To allow schools to re10 ceive a reimbursement at an amount greater than

11 the number or proportion of students eligible for

12 free, reduced price, or paid meals.

13 ‘‘(5) PROHIBITION.—To lessen the require14 ments regarding the prohibition on operating a prof15 it-producing program.

16 ‘‘(6) SALE.—To lessen the requirements re17 garding the sale of competitive foods.

18 ‘‘(7) NUTRITION.—To lessen the mandates re19 garding the nutritional content of the meals served.

20 ‘‘(c) SPECIAL RULE.—Any reports statutorily re21 quired of programs affected by sections 8404, 8405, and

22 8406 shall be waived and considered satisfied by the re23 porting requirements in this part.
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1 ‘‘SEC. 8410. TERMINATION OF WAIVER AUTHORITY.

2 ‘‘(a) EARLY TERMINATION.—A waiver granted under

3 this part shall be terminated when the following occurs:

4 ‘‘(1) INADEQUATE PROGRESS.—A recipient of a

5 waiver has not demonstrated adequate progress to6 ward meeting the goals outlined in the application of

7 the local educational agency.

8 ‘‘(2) VIOLATION.—When a State or school has

9 been found in violation of any restriction on the

10 waiver authority.

11 ‘‘(b) FINAL TERMINATION.—The authority of the

12 Secretary to grant waivers shall expire on September 30,

13 1997.

14 ‘‘(c) DECLINE PARTICIPATION.—A school, at any

15 time, may decline to participate in a project assisted under

16 this part.

17 ‘‘SEC. 8411. REPORTING REQUIREMENTS.

18 ‘‘(a) REPORTS AND EVALUATIONS.—

19 ‘‘(1) PROJECT REPORTS.—Each State edu20 cational agency that is selected for a demonstration

21 project under this part shall submit, not later than

22 90 days after the end of each year of the project,

23 an annual report to the Secretary that—

24 ‘‘(A) summarizes the principal activities of

25 the project;
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1 ‘‘(B) contains school-by-school and other

2 data, as described in the project plan, that show

3 the extent to which the project is meeting its

4 overall goals, including its goals for improving

5 the performance of disadvantaged students,

6 with respect to student performance in basic

7 and advanced skills, and is meeting the goals

8 for each school or other site;

9 ‘‘(C) describes the impact of the project on

10 disadvantaged children in schools, if any, that

11 are not participating in the demonstration; and

12 ‘‘(D) describes the effectiveness of efforts

13 to coordinate programs and services for chil14 dren and their families, as appropriate, includ15 ing specific steps taken to—

16 ‘‘(i) expand or restrict eligibility for

17 services or programs; and

18 ‘‘(ii) integrate services from other sys19 tems (such as health, mental health, nutri20 tion, social services, and substance abuse

21 prevention and treatment).

22 ‘‘(b) SECRETARIAL REQUIREMENT.—The Secretary

23 shall report annually to the Committee on Education and

24 Labor in the House of Representatives and the Committee

25 on Labor and Human Resources of the Senate, and the
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1 Committee on Agriculture, Nutrition, and Forestry of the

2 Senate, on the progress in each of the schools participat3 ing in a demonstration project in meeting the goals in the

4 application of the local educational agency.

5 ‘‘SEC. 8412. EVALUATION.

6 ‘‘(a) NATIONAL ACADEMY OF EDUCATION.—The

7 Secretary shall contract with the National Academy of

8 Education to conduct an evaluation of the demonstration

9 projects under this part to determine the following:

10 ‘‘(1) STATE REPORTING REQUIREMENTS.—The

11 accuracy of the information required under section

12 8411.

13 ‘‘(2) ACHIEVEMENT AND EFFICIENCY.—The ef14 fectiveness of raising educational achievement levels

15 of disadvantaged students and improving the general

16 efficiency of program operations at each school par17 ticipating in a demonstration project.

18 ‘‘(3) COORDINATED SERVICE AGREEMENTS.—

19 The effectiveness of the coordinated service agree20 ments at the State and local levels in the delivery of

21 comprehensive services to disadvantaged children.

22 ‘‘(b) SUBMISSION DEADLINE.—Such evaluation shall

23 be submitted by the National Academy of Education to

24 the Committee on Education and Labor of the House of

25 Representatives, the Committee on Labor and Human Re-
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1 sources and the Committee on Agriculture, Nutrition,

2 and Forestry of the Senate not later than January 1,

3 1999.

4 ‘‘SEC. 8413. DEFINITIONS.

5 ‘‘For purposes of this part:

6 ‘‘(1) The term ‘chapter 1’ means chapter 1 of

7 title I of this Act.

8 ‘‘(2) The terms ‘disadvantaged children’ and

9 ‘disadvantaged students’ mean children, ages 3 to 17

10 years, who are eligible for services under chapter 1,

11 the Head Start Act, the National School Lunch Act,

12 the Follow Through Act, or the Emergency Immi13 grant Education Act.

14 ‘‘SEC. 8414. BUDGET NEUTRALITY.

15 ‘‘The authority provided by this part shall not be ex16 ercised in a manner that, for any fiscal year, increases

17 total obligations or outlays of discretionary appropriations

18 for programs subject to such authority, or that increases

19 total obligations or outlays of funding for all direct-spend20 ing programs subject to such authority over those that

21 would have occurred absent such authority.

22 ‘‘SEC. 8415. AUTHORIZATION OF APPROPRIATIONS.

23 ‘‘There are authorized to be appropriated $1,000,000

24 for fiscal year 1997, which shall remain available until ex25 pended, to carry out section 8412.
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1 ‘‘TITLE IX—NATIONAL BOARD ON

2 WORKFORCE SKILLS

3 ‘‘SEC. 9001. PURPOSE.

4 ‘‘The purpose of this title is—

5 ‘‘(1) to conduct research to identify and to de6 termine the validity of generic workplace readiness

7 skills which all students should have attained upon

8 completion of high school in order to be effective

9 participants in the workforce; and

10 ‘‘(2) to make recommendations regarding how

11 the attainment of such generic workplace readiness

12 skills can be incorporated into the development of

13 national content standards and national school deliv14 ery standards.

15 ‘‘SEC. 9002. RESEARCH.

16 ‘‘(a) NATIONAL ACADEMY OF SCIENCES.—The Sec17 retary of Education, through grant or contract with the

18 National Academy of Sciences (referred to in this title as

19 the Academy), shall—

20 ‘‘(1) in consultation with employers, workers,

21 representatives of labor, educators, and others as ap22 propriate, identify generic workplace readiness skills

23 that all students should have upon completion of

24 high school;
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1 ‘‘(2) conduct research on such skills, including

2 evaluating existing research and practices to deter3 mine the relationship between possession of the skills

4 and competent job performance;

5 ‘‘(3) make recommendations for integrating ge6 neric workforce readiness skills into school-based

7 learning; and

8 ‘‘(4) propose methods to update generic

9 workforce skills as the requirements of the economy

10 change.

11 ‘‘(b) NATIONAL BOARD.—The Academy shall estab12 lish a National Board on Workforce Skills composed of

13 representatives from business and industry, organized

14 labor (including organizations with national training pro15 grams), education, local government, and others with ex16 pertise regarding the identification and teaching of generic

17 workplace readiness skills.

18 ‘‘SEC. 9003. RECOMMENDATIONS.

19 ‘‘The Academy shall work with the National Edu20 cation Goals Panel and the groups and organizations au21 thorized to develop national content standards and na22 tional schools delivery standards pursuant to sections

23 8011 and 8012, respectively, to include skills identified

24 under this part and the National Education Goals Panel
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1 and such groups and organizations shall utilize the rec2 ommendations of the Academy.

3 ‘‘SEC. 9004. TIME AND CONDITIONS.

4 ‘‘The Secretary shall, not later than 90 days after

5 the receipt of funds appropriated under section 9005,

6 enter into an appropriate arrangement with the Academy

7 to carry out the responsibilities outlined under this title.

8 ‘‘SEC. 9005. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘There are authorized to be appropriated $2,000,000

10 for each of the fiscal years 1993 and 1994 to carry out

11 this title. Such appropriation shall be available until ex12 pended.’’.

13 SEC. 102. EISENHOWER NATIONAL PROGRAMS.

14 Section 2012 of the Elementary and Secondary Edu15 cation Act of 1965 is amended by adding at the end the

16 following:

17 ‘‘(g) MODEL ASSESSMENTS FOR MATHEMATICS

18 STANDARDS.—The Secretary, with funds appropriated to

19 carry out this section and in consultation with the panel

20 and committee established under title VIII of this Act, is

21 authorized to make grants to State educational agencies,

22 local educational agencies, institutions of higher edu23 cation, organizations with expertise in assessments, or a

24 combination of such agencies and organizations, to sup-
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1 port the development of model assessments tied to the vol2 untary national content standards for mathematics.’’.

3 TITLE II—GENERAL EDUCATION

4 PROVISIONS ACT AMENDMENTS

5 SEC. 201. FUNCTIONS OF NATIONAL ASSESSMENT.

6 (a) IN GENERAL.—Section 406 of the General Edu7 cation Provisions Act (20 U.S.C. 1221e–1) is amended—

8 (1) in paragraph (1) of subsection (f), by strik9 ing ‘‘and 1993’’ and inserting ‘‘1993, and 1994’’;

10 (2) in subparagraph (C) of subsection (i)(2)—

11 (A) by redesignating clauses (iii), (iv), and

12 (v) as clauses (iv), (v), and (vi), respectively;

13 (B) by inserting after clause (ii) the

14 following:

15 ‘‘(iii) The National Assessment shall—

16 ‘‘(I) conduct, in 1994, a trial mathematics as17 sessment for the 4th and 8th grades and a trial

18 reading assessment for the 4th grade, in States that

19 wish to participate, for the purpose of determining

20 whether such assessments yield valid and reliable

21 State representative data;

22 ‘‘(II) develop a trial mathematics assessment

23 for the 12th grade, a trial reading assessment for

24 the 8th and 12th grades, and a trial science assess25 ment for the 4th, 8th, and 12th grades, to be ad-
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1 ministered in 1994 in States that wish to partici2 pate, for the purpose of determining whether such

3 assessments yield valid and reliable State represent4 ative data; and

5 ‘‘(III) include in each such sample assessment

6 referred to in subclauses (I) and (II) students in

7 public and private schools in a manner that ensures

8 comparability with the national sample.’’; and

9 (C) in clause (vi) (as redesignated by sub10 paragraph (A) of this paragraph)—

11 (i) in the first sentence, by striking

12 ‘‘and the fairness and accuracy of the data

13 they produce’’ and inserting ‘‘, the fairness

14 and accuracy of the data they produce, and

15 important issues affecting the quality and

16 integrity of the National Assessment’’; and

17 (ii) by striking ‘‘paragraph (C)(i) and

18 (ii)’’ and inserting ‘‘clauses (i), (ii),

19 and (iii)’’.

20 (b) CONFORMING AMENDMENT.—Subparagraph (D)

21 of section 405(f)(1) of the General Education Provisions

22 Act (20 U.S.C. 1221e(f)(1)) is amended by striking

23 ‘‘1993’’ and inserting ‘‘1994’’.

24 (c) ADDITIONAL REPORT.—
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1 (1) IN GENERAL.—The Secretary shall provide

2 for the organization that conducts the independent

3 evaluation required by section 406(i)(2)(C)(vi) of the

4 General Education Provisions Act to study and re5 port to the Congress on—

6 (A) the process whereby achievement goals

7 are set pursuant to section 406(i)(6) of such

8 Act; and

9 (B) the ability of the National Assessment

10 of Educational Progress to maintain valid data

11 with respect to trends in student performance.

12 (2) TIME FOR SUBMISSION OF REPORT.—The

13 report required by paragraph (1) shall be submitted

14 as soon as practicable, but in any event not later

15 than 120 days after the date of the enactment of

16 this Act.

17 SEC. 202. RESPONSIBILITY OF STATES TO FURNISH INFOR18 MATION CONCERNING USES OF FEDERAL

19 FUNDS.

20 Section 406A of the General Education Provisions

21 Act (20 U.S.C. 1232f) is amended to read as follows:

22 ‘‘RESPONSIBILITY OF STATES TO FURNISH INFORMATION

23 ‘‘SEC. 406A. (a) Each State educational agency shall

24 submit to the Secretary a report on or before March 15

25 of every second year. Each such report shall include—
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1 ‘‘(1) information with respect to the uses of

2 Federal funds in such State in the 2 preceding fiscal

3 years under any applicable program under the juris4 diction of the State educational agency; and

5 ‘‘(2) information with respect to the uses of

6 Federal funds in such State in the 2 preceding fiscal

7 years under any Federal program administered by

8 the State that provided grants or contracts to a local

9 educational agency in the State.

10 ‘‘(b) Each report submitted as required by subsection

11 (a) shall—

12 ‘‘(1) list, with respect to each program for

13 which information is provided, all grants made to

14 and contracts entered into with local educational

15 agencies and other public and private agencies and

16 institutions within the State during each fiscal year

17 concerned;

18 ‘‘(2) analyze the information included in the re19 port by local educational agency and by program;

20 ‘‘(3) include the total amount of funds available

21 to the State under each such program for each fiscal

22 year concerned and specify which appropriation Act

23 or Acts made such funds available;
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1 ‘‘(4) separately account for any funds carried

2 over from a preceding fiscal year by any State or

3 local educational agency; and

4 ‘‘(5) be made readily available by the State to

5 local educational agencies and institutions within the

6 State and to the public.

7 ‘‘(c) If the Secretary does not receive a report by the

8 date required under subsection (a), or receives an incom9 plete report, the Secretary, not later than 30 days after

10 such report is required to be submitted, shall take all rea11 sonable measures to obtain the delinquent or incomplete

12 information from the State educational agency.

13 ‘‘(d) When the Secretary receives a report required

14 under subsection (a), the Secretary shall provide such in15 formation to the National Center for Education Statistics,

16 and shall make such information available to any individ17 ual who requests it and as part of a telecommunications

18 network that is readily accessible to every member of Con19 gress and other interested parties.

20 ‘‘(e) On or before August 15th of each year in which

21 reports are submitted under subsection (a), the Secretary

22 shall submit a report to the Committee on Education and

23 Labor of the House of Representatives and the Committee

24 on Labor and Human Resources of the Senate. Such re25 port shall include—
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1 ‘‘(1) an analysis of the content and data quality

2 of such reports;

3 ‘‘(2) a compilation of statistical data derived

4 from such reports; and

5 ‘‘(3) information obtained by the Secretary with

6 respect to—

7 ‘‘(A) direct grants made to local edu8 cational agencies by the Federal Government;

9 and

10 ‘‘(B) contracts entered into between such

11 agencies and the Federal Government.’’.

12 TITLE III—MISCELLANEOUS

13 PROVISIONS

14 SEC. 301. ASSESSMENT OF EDUCATIONAL PROGRESS AC15 TIVITIES.

16 Section 421(h) of the Carl D. Perkins Vocational and

17 Applied Technology Education Act is amended—

18 (1) by inserting after ‘‘(1)’’ and ‘‘(h)’’; and

19 (2) by inserting at the end the following:

20 ‘‘(2)(A) Notwithstanding any provision of section 406

21 of the General Education Provisions Act, the Commis22 sioner of Education Statistics may authorize a State edu23 cational agency or a consortium of such agencies to use

24 items and data from the National Assessment of Edu25 cational Progress for the purpose of evaluating a course
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1 of study related to vocational education, if the Commis2 sioner has determined, in writing, that such use will not—

3 ‘‘(i) result in the identification of characteristics

4 or performance of individual students or schools;

5 ‘‘(ii) result in the ranking or comparing of

6 schools or local educational agencies;

7 ‘‘(iii) be used to evaluate the performance of

8 teachers, principals, or other local educators for the

9 purpose of dispensing rewards or punishments; or

10 ‘‘(iv) corrupt or harm the use and value of data

11 collected for the National Assessment of Educational

12 Progress.

13 ‘‘(B) Not later than 60 days after making an author14 ization under subsection (a), the Commissioner shall sub15 mit to the chairperson of the Committee on Education and

16 Labor of the House of Representatives and to the chair17 person of the Committee on Labor and Human Resources

18 of the Senate, a report which contains—

19 ‘‘(i) a copy of the request for such authoriza20 tion;

21 ‘‘(ii) a copy of the written determination under

22 subsection (a); and

23 ‘‘(iii) a description of the details and duration

24 of such authorization.
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1 ‘‘(C) The Commissioner may not grant more than one

2 such authorization in any fiscal year and shall ensure that

3 the authorized use of items or data from the National As4 sessment is evaluated for technical merit and for its affect

5 on the National Assessment. The results of such evalua6 tions shall be promptly reported to the committees speci7 fied in subparagraph (B).’’.

8 SEC. 302. AMENDMENTS TO THE CARL D. PERKINS VOCA9 TIONAL AND APPLIED TECHNOLOGY EDU10 CATION ACT.

11 Section 422 of the Carl D. Perkins Vocational and

12 Applied Technology Education Act (20 U.S.C. 2422) is

13 amended—

14 (1) in paragraph (2) of subsection (a), by in15 serting ‘‘, including postsecondary employment and

16 training programs,’’ after ‘‘training programs’’; and

17 (2) in subsection (b)—

18 (A) by redesignating subparagraphs (A)

19 and (B) as paragraphs (1) and (2), respectively;

20 (B) in the matter preceding paragraph (1)

21 (as redesignated in subparagraph (A)), by in22 serting ‘‘the State board or agency governing

23 higher education’’ after ‘‘coordinating council,’’;

24 and
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1 (C) in paragraph (1) (as redesignated in

2 subparagraph (A))—

3 (i) by striking ‘‘Act and of’’ and in4 serting ‘‘Act, of’’; and

5 (ii) by inserting ‘‘and of the State

6 board or agency governing higher edu7 cation’’ after ‘‘Job Training Partnership

8 Act’’; and

9 (3) by redesignating subsection (d) as sub10 section (e); and

11 (4) by inserting after subsection (c) the follow12 ing new subsection:

13 ‘‘(d) DATA COLLECTION SYSTEM.—In the develop14 ment and design of a system to provide data on graduation

15 or completion rates, job placement rates from occupation16 ally specific programs, and licensing rates, each State

17 board for higher education shall develop a data collection

18 system whose results can be integrated into the occupa19 tional information system developed under this section.’’.

20 SEC. 303. REPORT AND AUTHORIZATIONS EXTENSIONS.

21 Section 102 of Public Law 102–62 is amended—

22 (1) in subsection (d) by striking ‘‘2’’ and insert23 ing ‘‘3’’; and

24 (2) in subsection (h)—
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1 (A) by striking ‘‘1991’’ and all that follows

2 through ‘‘and 1993’’; and

3 (B) by inserting ‘‘1993 through 1995’’.

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