II

103D CONGRESS

1ST SESSION S. 1267

To amend the Dwight D. Eisenhower Mathematics and Science Education

Act, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 20 (legislative day, JUNE 30), 1993

Mr. HATFIELD introduced the following bill; which was read twice and

referred to the Committee on Labor and Human Resources

A BILL

To amend the Dwight D. Eisenhower Mathematics and

Science Education Act, and for other purposes.

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

3 SECTION 1. AMENDMENT OF THE DWIGHT D. EISENHOWER

4 MATHEMATICS AND SCIENCE EDUCATION

5 ACT.

6 Except as otherwise expressly provided, whenever in

7 this Act an amendment or repeal is expressed in terms

8 of an amendment to, or repeal of, a section or other provi9 sion, the reference shall be considered to be made to a
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1 section or other provision of the Dwight D. Eisenhower

2 Mathematics and Science Education Act.

3 SEC. 2. IN-STATE APPORTIONMENT.

4 Paragraph (1) of section 2005(c) (20 U.S.C.

5 2985(c)(1)) is amended—

6 (1) by striking ‘‘or institution’’ and inserting ‘‘,

7 institution’’; and

8 (2) by inserting ‘‘, nonprofit organization, mu9 seum, or public or private partnership’’ after ‘‘higher

10 education’’.

11 SEC. 3. ELEMENTARY AND SECONDARY EDUCATION PRO12 GRAMS.

13 Section 2006 (20 U.S.C. 2986) is amended—

14 (1) in paragraph (1) of subsection (b)—

15 (A) in subparagraph (B), by inserting ‘‘, or

16 teachers who are members of populations that

17 are underserved by and underrepresented in

18 mathematics and science education,’’ after ‘‘mi19 nority teachers’’; and

20 (B) in subparagraph (C)—

21 (i) by inserting ‘‘calculators,’’ after

22 ‘‘use of’’; and

23 (ii) by striking all beginning with

24 ‘‘(which’’ through ‘‘met)’’;

25 (2) in subsection (d)—
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1 (A) by amending paragraph (1) to read as

2 follows:

3 ‘‘(1) GENERAL RULE.—Except as provided in

4 paragraph (2), at least 60 percent of the amount

5 available to a local educational agency under this

6 section in each fiscal year shall be used to provide

7 training for mathematics teachers and science teach8 ers in elementary or middle schools.’’;

9 (B) in paragraph (2)—

10 (i) by striking ‘‘elementary and mid11 dle’’ and inserting ‘‘elementary or middle’’;

12 and

13 (ii) by inserting ‘‘, as the Secretary

14 determines appropriate,’’ after ‘‘such local

15 educational agency’’; and

16 (C) by adding at the end the following new

17 paragraph:

18 ‘‘(3) SPECIAL RULE.—Each local educational

19 agency receiving assistance under this section shall

20 make every effort to give priority to coordinating

21 teacher training in the use of hands-on

22 manipulatives received under this section with the

23 materials received under subpart 3, and to include

24 in such training the recipients of such materials.’’.
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1 SEC. 4. HIGHER EDUCATION PROGRAMS.

2 Section 2007 (20 U.S.C. 2987) is amended—

3 (1) in subsection (b)—

4 (A) by amending subparagraph (B) of

5 paragraph (1) to read as follows:

6 ‘‘(B)(i) The State agency for higher edu7 cation, from not less than 80 percent of the

8 amount available for this section, shall award

9 grants on a competitive basis to institutions of

10 higher education, nonprofit organizations, mu11 seums, and public or private partnerships in the

12 State which apply for payments under this sec13 tion and which demonstrate involvement of local

14 educational agencies.

15 ‘‘(ii) The State agency for higher edu16 cation, from not more than 20 percent of the

17 amount available under this subsection, may

18 award grants, on a noncompetitive basis, for

19 purposes of addressing the needs of populations

20 that are underserved by and underrepresented

21 in mathematics and science education, to insti22 tutions of higher education, nonprofit organiza23 tions, museums, and public or private partner24 ships in the State which apply for payments

25 under this section and which demonstrate in26 volvement of local educational agencies.
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1 ‘‘(iii) In awarding grants under this sec2 tion the State agency for higher education shall

3 make every effort to ensure equitable participa4 tion of private and public institutions of higher

5 education.’’; and

6 (B) in paragraph (2)—

7 (i) in subparagraph (A), by striking

8 ‘‘who will specialize in teaching mathe9 matics and science at the secondary school

10 level’’ and inserting ‘‘of mathematics and

11 science at the elementary and secondary

12 school levels’’;

13 (ii) in subparagraph (B)—

14 (I) by inserting ‘‘, and for train15 ing of elementary school teachers to

16 increase such teachers’ content knowl17 edge of mathematics and science,’’ be18 fore ‘‘including’’; and

19 (II) by striking ‘‘and’’ after the

20 semicolon; and

21 (iii) in subparagraph (C)—

22 (I) by striking ‘‘teaching skills’’

23 and inserting ‘‘content knowledge,

24 teaching skills, and instructional prac25 tices based on current research’’;
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1 (II) by striking the period at the

2 end and inserting ‘‘; and’’; and

3 (III) by adding at the end the

4 following new subparagraph:

5 ‘‘(D) recruiting and training minority stu6 dents to become mathematics and science teach7 ers.’’;

8 (2) by amending subsection (d) to read as fol9 lows:

10 ‘‘(d) TECHNICAL ASSISTANCE AND EVALUATION.—

11 Not more than 5 percent of the amount available under

12 this section, or $30,000, whichever is greater, may be used

13 by the State agency for higher education for—

14 ‘‘(1) providing technical assistance to local edu15 cational agencies, institutions of higher education,

16 and nonprofit organizations, including museums and

17 libraries, to enable such entities to conduct programs

18 in accordance with this section;

19 ‘‘(2) the costs incurred by the State agency for

20 higher education for evaluating programs assisted

21 under this subpart; and

22 ‘‘(3) developing plans for reform of teacher

23 preparation in mathematics and science at the State

24 level.’’; and
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1 (3) by adding at the end the following new sub2 section:

3 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per4 cent of the amount available under this section, or

5 $20,000, whichever is greater, may be used by the State

6 agency for higher education for the costs of the adminis7 tration and assessment of programs assisted under this

8 subpart.’’.

9 SEC. 5. STATE APPLICATION.

10 Subsection (d) of section 2008 (20 U.S.C. 2988(d))

11 is amended by adding at the end the following new para12 graph:

13 ‘‘(5) How the programs planned under this sub14 part reflect consideration of the emerging standards

15 in mathematics and science.’’.

16 SEC. 6. LOCAL APPLICATION.

17 Section 2009 (20 U.S.C. 2989) is amended—

18 (1) in subsection (b)—

19 (A) in paragraph (2), by inserting ‘‘and

20 how the activities and services for which assist21 ance is sought reflect consideration of the

22 emerging standards in mathematics and

23 science’’ before the semicolon; and

24 (B) in paragraph (3)—
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1 (i) by striking ‘‘Foundation, or’’ and

2 inserting ‘‘Foundation or’’; and

3 (ii) by striking ‘‘both’’ and inserting

4 ‘‘with respect to any other Federal pro5 gram that supports a clearly articulated

6 State or local education reform plan;’’; and

7 (2) by adding at the end the following new sub8 section:

9 ‘‘(d) APPLICABILITY OF REGULATIONS UNDER

10 OTHER MATHEMATICS OR SCIENCE EDUCATION PRO11 GRAMS.—Notwithstanding the provisions of subsection

12 (b)(3), in carrying out the provisions of this subpart a

13 State educational agency, local educational agency or in14 stitution of higher education shall not be required to com15 ply with regulations promulgated pursuant to any Federal

16 mathematics or science education program other than reg17 ulations promulgated pursuant to this subpart.’’.

18 SEC. 7. NATIONAL PROGRAMS.

19 Section 2012 (20 U.S.C. 2992) is amended—

20 (1) in subsection (d)—

21 (A) in the heading for such subsection, by

22 inserting ‘‘EISENHOWER’’ before ‘‘NATIONAL

23 CLEARINGHOUSE’’;
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1 (B) in paragraph (1), by striking ‘‘a Na2 tional’’ and inserting ‘‘an Eisenhower Na3 tional’’; and

4 (C) in paragraph (4)—

5 (i) in subparagraph (C), by striking

6 ‘‘and’’ after the semicolon;

7 (ii) in subparagraph (D), by striking

8 ‘‘and non-Federal data bases.’’ and insert9 ing ‘‘, non-Federal and, where feasible,

10 international data bases;’’; and

11 (iii) by adding at the end the follow12 ing new subparagraphs:

13 ‘‘(E) participate in collaborative meetings

14 of representatives of the Clearinghouse and the

15 regional consortiums under subpart 2 of this

16 part to discuss issues of common interest and

17 concern, to foster effective collaboration and co18 operation in acquiring and distributing curricu19 lum materials and programs, and to coordinate

20 computer network access to the Clearinghouse

21 and the resources of the regional consortiums,

22 except that not more than 3 percent of the

23 funds awarded under this section shall be used

24 to carry out this subparagraph; and
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1 ‘‘(F) gather qualitative and evaluative data

2 on submissions to the Clearinghouse.’’; and

3 (2) by adding at the end the following new sub4 section:

5 ‘‘(f) MODEL SCIENCE START PROGRAMS FOR THE

6 INTRODUCTION OF SCIENCE IN EARLY CHILDHOOD EDU7 CATION.—

8 ‘‘(1) GRANTS AUTHORIZED.—(A) The Secretary

9 may award grants to organizations to enable such

10 organizations to support model programs that pro11 vide instruction to Head Start personnel regarding

12 the introduction of science activities to children en13 rolled in Head Start programs.

14 ‘‘(B) Grants awarded under this subsection

15 shall be known as Science Start Grants.

16 ‘‘(2) PRIORITY.—In awarding grants under this

17 subsection, the Secretary shall give priority to appli18 cants that demonstrate the ability to—

19 ‘‘(A) provide teacher training programs

20 that involve participants in hands-on activities

21 similar to activities that are intended for stu22 dents;

23 ‘‘(B) attract broad teacher participation;

24 ‘‘(C) use classroom teachers as instructors;
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1 ‘‘(D) provide those materials required by

2 the activities described in subparagraph (A),

3 but not commonly found in Head Start class4 rooms, except that not more than 25 percent of

5 the funds awarded to any organization for a

6 model program shall be used to carry out this

7 subparagraph; and

8 ‘‘(E) provide for periodic followup activities

9 conducted, at minimum, during a 6-month pe10 riod.

11 ‘‘(3) DISSEMINATION.—Each recipient of a

12 grant under this subsection shall report the results

13 of the model program to the Eisenhower National

14 Clearinghouse for Mathematics and Science Edu15 cation in an appropriate format for dissemination.

16 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated $1,000,000

18 for fiscal year 1994 and such sums as may be nec19 essary for each succeeding fiscal year to carry out

20 this subsection.’’.

21 SEC. 8. EISENHOWER REGIONAL MATHEMATICS AND

22 SCIENCE EDUCATION CONSORTIUMS.

23 (a) AMENDMENT TO HEADING.—The heading for

24 subpart 2 (20 U.S.C. 2994 et seq.) is amended by insert25 ing ‘‘Eisenhower’’ before ‘‘Regional’’.
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1 (b) AMENDMENT TO TEXT.—Subsection (a) of sec2 tion 2016 (20 U.S.C. 2994(a)) is amended by adding at

3 the end the following new paragraph:

4 ‘‘(4) DESIGNATION.—Each regional consortium

5 assisted under this section shall be known as an ‘Ei6 senhower regional consortium’.’’.

7 SEC. 9. USE OF FUNDS.

8 Section 2017 (20 U.S.C. 2994a) is amended—

9 (1) by amending paragraph (1) to read as fol10 lows:

11 ‘‘(1) work cooperatively with the other regional

12 consortiums and the National Clearinghouse for

13 Science and Mathematics Education established

14 under section 2012(d) to more effectively accomplish

15 the activities described in this section;’’;

16 (2) by amending paragraph (8) to read as fol17 lows:

18 ‘‘(8) assist State and local educational agencies

19 in identifying science equipment needs and help such

20 agencies or consortia thereof assess the need for and

21 desirability of regional mathematics and science

22 academies;’’.

23 (3) by amending paragraph (14) to read as fol24 lows:
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1 ‘‘(14) identify exemplary teaching practices and

2 materials from within the region and communicate

3 such practices and materials to the Eisenhower Na4 tional Clearinghouse for Mathematics and Science

5 Education;’’;

6 (4) in paragraph (15), by striking ‘‘and’’ after

7 the semicolon;

8 (5) in paragraph (16), by striking the period;

9 and

10 (6) by adding at the end the following new

11 paragraphs:

12 ‘‘(17) communicate, on a regular basis, with en13 tities within the region who are delivering services to

14 students and teachers of mathematics and science,

15 including, at a minimum, State supervisors of math16 ematics and science, State coordinators of programs

17 assisted under this part, the Director of the regional

18 education laboratory, personnel of the National Dif19 fusion Network, the regional laboratories supported

20 by the Department of Energy, a principal investiga21 tor or program director of the National Science

22 Foundation State Systemic Initiative within the re23 gion served by the regional consortium, and the Di24 rectors of the Eisenhower National State Curriculum
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1 framework grant programs within the region served

2 by the Eisenhower regional consortium;

3 ‘‘(18) participate in collaborative meetings of

4 representatives of the Eisenhower National Clearing5 house for Science and Mathematics Education and

6 the regional consortiums to discuss issues of com7 mon interest and concern, to foster effective collabo8 ration and cooperation in acquiring and distributing

9 curriculum materials and programs, and to coordi10 nate computer network access to the Clearinghouse

11 and resources of the regional consortiums, except

12 that not more than 5 percent of the funds awarded

13 to a regional consortium under this section shall be

14 used to carry out this paragraph;

15 ‘‘(19) provide technical assistance to State edu16 cational agencies and local educational agencies for

17 evaluation of mathematics and science programs;

18 ‘‘(20) assist in the development of State and re19 gional plans and activities that hold promise of

20 bringing about systemic reform in student perform21 ance in mathematics and science; and

22 ‘‘(21) assist in the coordinated implementation

23 of the kindergarten through twelfth grade programs

24 of the Federal Coordinating Council for Science, En25 gineering and Technology in the regions.’’.
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1 SEC. 10. REGIONAL BOARDS.

2 Subsection (b) of section 2019 (20 U.S.C. 2994c(b))

3 is amended by inserting ‘‘, except that at the discretion

4 of a regional board, Federal funds may be used to provide

5 assistance such as travel and accommodations for board

6 members who could not otherwise afford to participate as

7 members of the board’’ before the period.

8 SEC. 11. FEDERAL SHARE.

9 Section 2020 (20 U.S.C. 2994e) is amended—

10 (1) by amending subsection (b) to read as fol11 lows:

12 ‘‘(b) FEDERAL SHARE.—For the purpose of sub13 section (a), the Federal share shall be 80 percent.’’; and

14 (2) in subsection (c), by adding at the end the

15 following new sentence: ‘‘At least 10 percent of such

16 non-Federal share shall be from sources other than

17 the Federal Government or State or local govern18 ment.’’.

19 SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

20 Section 2023 (20 U.S.C. 2994g) is amended by strik21 ing ‘‘$17,000,000 for the fiscal year 1991, and such sums

22 as may be necessary for each of the fiscal years 1992 and

23 1993’’ and inserting ‘‘$23,000,000 for the fiscal year

24 1994, and such sums as may be necessary for each of the

25 fiscal years 1995, 1996, 1997, and 1998’’.
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1 SEC. 13. DEFINITIONS.

2 Section 2031 (20 U.S.C. 2996) is amended by adding

3 at the end the following new paragraph:

4 ‘‘(3) The terms ‘mathematics’ and ‘science’ in5 clude the technology education associated with such

6 mathematics and science, respectively.’’.

7 SEC. 14. ELEMENTARY SCIENCE AND MATHEMATICS EQUIP8 MENT.

9 Part A (20 U.S.C. 2981 et seq.) is amended by in10 serting after section 2023 the following new subpart:

11 ‘‘Subpart 3—Elementary Mathematics and Science

12 Equipment

13 ‘‘SEC. 3031. SHORT TITLE.

14 ‘‘This subpart may be cited as the ‘Elementary Math15 ematics and Science Equipment Act’.

16 ‘‘SEC. 3032. STATEMENT OF PURPOSE.

17 ‘‘It is the purpose of this subpart to raise the quality

18 of instruction in mathematics and science in the Nation’s

19 elementary schools by providing equipment and materials

20 necessary for hands-on instruction through assistance to

21 State and local educational agencies and schools.

22 ‘‘SEC. 3033. PROGRAM AUTHORIZED.

23 ‘‘(a) GRANTS.—The Secretary is authorized to make

24 allotments to State educational agencies under section

25 3034 to enable such agencies to award grants to local edu26 cational agencies for the purpose of providing equipment
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1 and materials to elementary schools to improve mathe2 matics and science education in such schools.

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated $30,000,000 for fiscal

5 year 1994, and such sums as necessary for each of the

6 fiscal years 1995, 1996, 1997, and 1998, to carry out this

7 subpart.

8 ‘‘SEC. 3034. ALLOTMENTS OF FUNDS.

9 ‘‘(a) IN GENERAL.—From the amount appropriated

10 under section 3033(b) for any fiscal year, the Secretary

11 shall reserve—

12 ‘‘(1) not more than one-half of 1 percent for al13 lotment among Guam, American Samoa, the Virgin

14 Islands, the Northern Mariana Islands, the Republic

15 of the Marshall Islands, the Federated States of Mi16 cronesia, and the Republic of Palau according to

17 their respective needs for assistance under this sub18 part; and

19 ‘‘(2) one-half of 1 percent for programs for In20 dian students served by schools funded by the Sec21 retary of the Interior which are consistent with the

22 purposes of this subpart.

23 ‘‘(b) ALLOTMENT.—

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2) and from the amount not reserved pursu-
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1 ant to subsection (a), the Secretary shall make allot2 ments among State educational agencies in the

3 States as follows:

4 ‘‘(A) One-half of such remainder shall be

5 distributed among such State educational agen6 cies by allotting to each State educational agen7 cy an amount which bears the same ratio to

8 such one-half of such remainder as the number

9 of children aged 5 to 11, inclusive, in the State

10 bears to the number of such children in all

11 States.

12 ‘‘(B) One-half of such remainder shall be

13 distributed among such State educational agen14 cies according to each State’s share of alloca15 tions under chapter 1 of title I of this Act.

16 ‘‘(2) MINIMUM.—No State shall receive in any

17 fiscal year an allotment under paragraph (1) which

18 is less than—

19 ‘‘(A) one-half of 1 percent of the amount

20 available under this subsection in such fiscal

21 year; or

22 ‘‘(B) the amount allotted to such State for

23 fiscal year 1988 under title II of the Education

24 for Economic Security Act.
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1 ‘‘(c) REALLOTMENT OF UNUSED FUNDS.—The

2 amount of any State’s allotment under subsection (b) for

3 any fiscal year to carry out this subpart which the Sec4 retary determines will not be required for that fiscal year

5 to carry out this subpart shall be available for reallotment

6 from time to time, on such dates during that year as the

7 Secretary may determine, to other States in proportion to

8 the original allotments to those States under subsection

9 (b) for that year but with such proportionate amount for

10 any of those other States being reduced to the extent it

11 exceeds the sum the Secretary estimates that the State

12 needs and will be able to use for that year, and the total

13 of those reductions shall be similarly reallotted among the

14 States whose proportionate amounts were not so reduced.

15 Any amounts reallotted to a State under this subsection

16 during a year shall be deemed a part of its allotment under

17 subsection (b) for that year.

18 ‘‘(d) DEFINITIONS.—For the purposes of this sub19 part—

20 ‘‘(1) the term ‘Secretary’, unless otherwise

21 specified, means the Secretary of Education; and

22 ‘‘(2) the term ‘State’ means each of the 50

23 States, the District of Columbia, and the Common24 wealth of Puerto Rico.
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1 ‘‘(e) DATA.—The number of children aged 5 to 11,

2 inclusive, in a State and in all States shall be determined

3 by the Secretary on the basis of the most recent satisfac4 tory data available to the Secretary.

5 ‘‘SEC. 3035. STATE APPLICATION.

6 ‘‘(a) APPLICATION.—Each State educational agency

7 desiring to receive an allotment under this subpart shall

8 file an application with the Secretary which covers a pe9 riod of 5 fiscal years. Such application shall be filed at

10 such time, in such manner, and containing or accompanied

11 by such information as the Secretary may reasonably re12 quire.

13 ‘‘(b) CONTENTS OF APPLICATION.—Each application

14 described in subsection (a) shall—

15 ‘‘(1) provide assurances that—

16 ‘‘(A) the State educational agency shall use

17 the allotment provided under this subpart to

18 award grants to local educational agencies with19 in the State to enable such local educational

20 agencies to carry out the purpose of this sub21 part;

22 ‘‘(B) the State educational agency will pro23 vide such fiscal control and funds accounting as

24 the Secretary may require;
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1 ‘‘(C) every public elementary school in the

2 State is eligible to receive a grant under this

3 subpart once over the 5-year duration of the

4 program assisted under this subpart;

5 ‘‘(D) funds provided under this subpart

6 will supplement, not supplant, State and local

7 funds made available for activities authorized

8 under this subpart;

9 ‘‘(E) during the 5-year period described in

10 the application, the State educational agency

11 will evaluate its standards and programs for

12 teacher preparation and inservice professional

13 development for elementary mathematics and

14 science;

15 ‘‘(F) the State educational agency will take

16 into account the needs for greater access to and

17 participation in mathematics and science by

18 students and teachers from historically

19 underrepresented groups, including females, mi20 norities, individuals with limited-English pro21 ficiency, the economically disadvantaged, and

22 individuals with disabilities; and

23 ‘‘(G) the needs of teachers and students in

24 areas with high concentrations of low-income

25 students and sparsely populated areas will be
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1 considered in awarding grants under this sub2 part;

3 ‘‘(2) provide a description of how funds made

4 available under this subpart will be coordinated with

5 State and local funds and other Federal resources,

6 particularly with respect to programs for the profes7 sional development and inservice training of elemen8 tary school teachers in science and mathematics; and

9 ‘‘(3) describe procedures—

10 ‘‘(A) for submitting applications for assist11 ance in accordance with sections 3036 and

12 3037;

13 ‘‘(B) for the distribution of grant pay14 ments under this subpart within the State; and

15 ‘‘(C) for approval of applications by the

16 State educational agency, including appropriate

17 procedures to assure that such agency will not

18 disapprove an application without notice and

19 opportunity for a hearing.

20 ‘‘(c) STATE ADMINISTRATION.—Not more than 5

21 percent of the funds allotted to each State educational

22 agency under this part shall be used for the administrative

23 costs of such agency associated with carrying out the pro24 gram assisted under this subpart.
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1 ‘‘SEC. 3036. LOCAL APPLICATION.

2 ‘‘(a) APPLICATION.—A local educational agency that

3 desires to receive a grant under this subpart shall submit

4 an application to the State educational agency. Each such

5 application shall contain assurances that each school

6 served by the local educational agency shall be eligible for

7 only one grant under this subpart.

8 ‘‘(b) CONTENTS OF APPLICATION.—Each application

9 described in subsection (a) shall—

10 ‘‘(1) provide assurances that the local edu11 cational agency shall use the grant such agency re12 ceives under this subpart to award grants to schools

13 served by such agency to enable such schools to

14 carry out the purpose of this subpart;

15 ‘‘(2) describe how the local educational agency

16 plans to set priorities on the use and distribution

17 among schools of grant funds received under this

18 subpart to meet the purpose of this subpart;

19 ‘‘(3) include assurances that the local edu20 cational agency has made every effort to match on

21 a dollar-for-dollar basis from private or public

22 sources the grant funds received under this subpart,

23 except that no such application shall be penalized or

24 denied assistance under this subpart based on fail25 ure to provide such matching funds;
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1 ‘‘(4) describe how funds under this subpart will

2 be coordinated with State, local, and other Federal

3 resources, especially with respect to programs for

4 the professional development and inservice training

5 of elementary school teachers in science and mathe6 matics; and

7 ‘‘(5) describe the process which will be used to

8 determine different levels of grant amounts to be

9 awarded to schools with different needs.

10 ‘‘(c) PRIORITY.—In awarding grants under this sub11 part, the State educational agency shall give priority to

12 local applications that—

13 ‘‘(1) assign highest priority to providing assist14 ance to schools which are most seriously under15 equipped;

16 ‘‘(2) are attentive to the needs of

17 underrepresented groups in science and mathe18 matics;

19 ‘‘(3) demonstrate how science and mathematics

20 equipment will be part of a comprehensive plan of

21 curriculum planning or implementation and teacher

22 training supporting hands-on laboratory activities;

23 ‘‘(4) give priority to providing equipment and

24 materials for students in grades 1 through 6; and
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1 ‘‘(5) provide assurances that equipment and

2 materials provided under this subpart shall be equi3 tably available to all children in the classroom.

4 ‘‘SEC. 3037. PARTICIPATION OF PRIVATE NONPROFIT ELE5 MENTARY SCHOOLS.

6 ‘‘(a) PARTICIPATION OF PRIVATE SCHOOLS.—To the

7 extent consistent with the number of children in the State

8 or in the school district of each local educational agency

9 who are enrolled in private nonprofit elementary schools,

10 such State educational agency shall, after consultation

11 with appropriate private school representatives, make pro12 vision to include services and arrangements for the benefit

13 of such children as will assure the equitable participation

14 of such children in the purpose and benefits of this sub15 part.

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

17 law a local educational agency is prohibited from providing

18 for the participation of children or teachers from private

19 nonprofit elementary schools as required by subsection (a),

20 or if the Secretary determines that a State or local edu21 cational agency has substantially failed or is unwilling to

22 provide for such participation on an equitable basis, the

23 Secretary shall waive such requirements and shall arrange

24 for the provision of services to such children or teachers

25 subject to the requirement of this subpart. Such waivers
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1 shall be subject to consultation, withholding, notice, and

2 judicial review requirements described in section 1017.

3 ‘‘SEC. 3038. PROGRAM REQUIREMENTS.

4 ‘‘(a) COORDINATION.—Each State educational agen5 cy receiving a grant under this subpart shall—

6 ‘‘(1) disseminate information to school districts

7 and schools, including private nonprofit elementary

8 schools, regarding the grant program assisted under

9 this subpart;

10 ‘‘(2) evaluate applications of local educational

11 agencies;

12 ‘‘(3) award grants to local educational agencies

13 based on the priorities described in section 3036(c);

14 and

15 ‘‘(4) evaluate local educational agencies’ end-of16 the-year summaries.

17 ‘‘(b) LIMITATIONS ON USE OF FUNDS.—

18 ‘‘(1) IN GENERAL.—Grant funds and matching

19 funds under this subpart only shall be used to pur20 chase science equipment, science materials, or math21 ematical manipulative materials and shall not be

22 used for computers, computer peripherals, software,

23 textbooks, or staff development costs.

24 ‘‘(2) CAPITAL IMPROVEMENTS.—Grant funds

25 under this subpart may not be used for capital im-
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1 provements. Not more than 50 percent of matching

2 funds provided by the local educational agency may

3 be used for capital improvements of classroom

4 science facilities to support the hands-on instruction

5 that this subpart is intended to support, such as the

6 installation of electrical outlets, plumbing, lab tables

7 or counters, or ventilation mechanisms.

8 ‘‘SEC. 3039. FEDERAL ADMINISTRATION.

9 ‘‘(a) TECHNICAL ASSISTANCE AND EVALUATION

10 PROCEDURES.—The Secretary shall provide technical as11 sistance and, in consultation with State and local rep12 resentatives of the program assisted under this subpart,

13 shall develop procedures for State and local evaluations

14 of the programs assisted under this subpart.

15 ‘‘(b) REPORT.—Beginning 1 year after the date of

16 enactment of this subpart and each year thereafter, the

17 Secretary shall report to the Congress on the program as18 sisted under this subpart.’’.

19 SEC. 15. TECHNICAL AMENDMENT.

20 The heading for part C of title II of the Elementary

21 and Secondary Education Act of 1965 (20 U.S.C. 2996)

22 (as added by Public Law 101–589) is amended by striking

23 ‘‘PART C—GENERAL PROVISIONS’’ and insert24 ing ‘‘Subpart 4—General Provisions’’.

S 1267 IS——2