I

103D CONGRESS

1ST SESSION H. R. 3229

To amend the Elementary and Secondary Education Act of 1965.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 6, 1993

Mr. SERRANO (for himself, Mr. BECERRA, Ms. ROYBAL-ALLARD, Mr. PASTOR,

Mr. DE LA GARZA, Mr. DE LUGO, Mr. ORTIZ, Mr. RICHARDSON, Mr.

TORRES, Ms. ROS-LEHTINEN, Mr. DIAZ-BALART, Mr. GUTIERREZ, Mr.

MENENDEZ, Mr. ROMERO-BARCELO ́, Mr. TEJEDA, Ms. VELA ́ZQUEZ, Mr.

UNDERWOOD, Mr. GENE GREEN of Texas, Mr. MILLER of California, and

Ms. ENGLISH of Arizona) introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To amend the Elementary and Secondary Education Act

of 1965.

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

3 TITLE I—EDUCATION

4 IMPROVEMENT

5 SECTION 1. EDUCATION IMPROVEMENT.

6 Section 1001 of the Elementary and Secondary Edu7 cation Act of 1965 is amended to read as follows:
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1 ‘‘SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF

2 PURPOSE.

3 ‘‘(a) DECLARATION OF POLICY.—In recognition of—

4 ‘‘(1) the most urgent need for educational im5 provement in the Nation in schools with high con6 centrations of children from low-income families and

7 that it is the Federal role to provide assistance to

8 such schools;

9 ‘‘(2) the fact that all children, regardless of eco10 nomic circumstance, race, national origin, or English

11 proficiency, can learn and have the capacity to ac12 quire the high-level knowledge and skills in a broad

13 range of subjects that will allow them to participate

14 fully in the economic, social, and political life of the

15 Nation;

16 ‘‘(3) the fact that within the educational sys17 tem, positive change in the lives of children occurs

18 largely at the school site and, therefore, there is a

19 compelling need for measures to strengthen the ca20 pacity of principals, teachers, school staff, parents,

21 students, and other members of the school commu22 nity to work in partnership to bring about such

23 change;

24 ‘‘(4) the fact that parents and other responsible

25 family members are the first educators of children,

26 particularly in the early years, and must be actively
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1 involved in their children’s development and edu2 cation both at home and in school to help children

3 to achieve the high-level skills called for under this

4 chapter;

5 ‘‘(5) the fact that parent involvement programs

6 under this chapter can help remove barriers to effec7 tive parent participation in the success of the pro8 gram and the education of their children, and en9 hance the participation of parents and other family

10 members already involved;

11 ‘‘(6) the fact that schools have a role in work12 ing with parents and health and social service pro13 viders to help eliminate external barriers to learning

14 and that patients and health and social service pro15 viders have an obligation to assist and cooperate

16 with schools in performing this role;

17 ‘‘(7) the fact that effective strategies for edu18 cational improvement, in particular schoolwide re19 structuring, have been developed which, if made

20 available to and implemented by principals, teachers,

21 and staff who have access to high-quality profes22 sional training, will enable virtually all students to

23 acquire high level skills and knowledge;

24 ‘‘(8) the fact that all children are entitled to

25 participate in a broad and challenging curriculum
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1 and to have access to resources sufficient to address

2 other education needs;

3 ‘‘(9) the fact that the purposes of this chapter

4 will be best served by the elimination of barriers to

5 student learning that separate children from the reg6 ular instructional program, homogeneous grouping

7 and tracking, reliance upon low-level, basic skills,

8 norm-referenced testing, and the replacement of

9 these practices with the education practices, services,

10 and resources called for by this chapter;

11 ‘‘(10) the fact that the historic exclusion from

12 Chapter 1 services of limited English proficient chil13 dren from low-income families does not foster the

14 purposes of this chapter, since such children are

15 often at high risk of school failure, and that the pur16 poses of this Act will best be served by ensuring the

17 participation of low-income limited English pro18 ficient students; and

19 ‘‘(11) the economic, political, social, and ethical

20 reasons that national policy predicated on the propo21 sition that all children can and must learn and that

22 no other objective of national policy shall be ac23 corded higher priority or greater immediacy,

24 the Congress declares it to be the policy of the United

25 States to—
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1 ‘‘(A) provide financial assistance to State and

2 local educational agencies to meet the special needs

3 of economically disadvantaged children at the pre4 school, elementary, and secondary levels;

5 ‘‘(B) expand the program authorized by this

6 chapter over the next 10 years by increasing funding

7 for this chapter each fiscal year thereby increasing

8 the percentage of eligible children served in each fis9 cal year with the intent of serving all eligible chil10 dren by fiscal year 2004; and

11 ‘‘(C) provide such assistance in a way which

12 eliminates unnecessary administrative burden and

13 paperwork and overly prescriptive regulations and

14 provides flexibility to State and local educational

15 agencies in making sound educational decisions.

16 ‘‘(b) STATEMENT OF PURPOSE.—It is the purpose of

17 this chapter to assist State and local educational agencies

18 to meet the education needs of the children of low-income

19 families, particularly children in schools with high con20 centrations of poverty, so that all such children will attain

21 high levels of proficiency in the knowledge and skills that

22 are necessary for sustained success. The means for accom23 plishing the mission include—
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1 ‘‘(1) establishing prekindergarten and other ef2 fective services and programs to ensure readiness for

3 school;

4 ‘‘(2) fostering the establishment of high levels

5 of expectation and high standards for student per6 formance and accurate means for assessing whether

7 standards have been met;

8 ‘‘(3) assisting teachers through professional de9 velopment and other programs in enhancing their

10 teaching skills and practices to address the special

11 needs of educationally at-risk and limited English

12 proficient students and to improve the educational

13 outcomes of all students;

14 ‘‘(4) assisting in the establishment at each par15 ticipating school of a broad and challenging curricu16 lum available to all students, including limited Eng17 lish proficient students;

18 ‘‘(5) strengthening the classroom program as

19 part of restructuring the school to improve edu20 cational outcomes of all students by providing in21 class and extra services and assistance, including ex22 tending the school day or school year, or recon23 structing the school day or instituting team teaching

24 or combining different grade-levels, which strengthen

25 and reinforce the experience children receive through
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1 full participation in a regular school program of high

2 quality;

3 ‘‘(6) assuring that all schools within a state

4 that participate in the chapter 1 program receive es5 sential educational services that are comparable to

6 those received by schools that do not participate in

7 the chapter 1 program; and

8 ‘‘(7) establishing methods of school, district,

9 and state-level accountability, including incentives

10 and sanctions, that will help ensure that the mission

11 of this chapter is achieved.’’.

12 SEC. 2. BASIC PROGRAMS.

13 Part A of chapter 1 of title I of the Elementary and

14 Secondary Education Act of 1965 is amended to read as

15 follows:

16 ‘‘PART A—BASIC PROGRAMS OPERATED BY

17 LOCAL EDUCATIONAL AGENCIES

18 ‘‘Subpart 1—Allocations

19 ‘‘SEC. 1005. BASIC GRANTS.

20 ‘‘(a) AMOUNT OF GRANTS.—

21 ‘‘(1) GRANTS FOR TERRITORIES.—There is au22 thorized to be appropriated for each fiscal year for

23 the purpose of this subparagraph 0.8 percent of the

24 amount appropriated for such year for payments to

25 States under this part. The amount appropriated
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1 pursuant to this subparagraph shall be allotted by

2 the Secretary (A) among Guam, American Samoa,

3 the Virgin Islands, the Northern Mariana Islands,

4 and the Trust Territory of the Pacific Islands ac5 cording to their respective need for grants under this

6 part, and (B) to the Secretary of the Interior in the

7 amount necessary (i) to make payments pursuant to

8 paragraph (1) of subsection (d), and (ii) to make

9 payments pursuant to paragraph (2) of subsection

10 (d). The grant which a local educational agency in

11 Guam, American Samoa, the Virgin Islands, the

12 Northern Mariana Islands, and the Trust Territory

13 of the Pacific Islands is eligible to receive shall be

14 determined pursuant to such criteria as the Sec15 retary determines will best carry out the purposes of

16 this chapter.

17 ‘‘(2) GRANTS FOR LOCAL EDUCATIONAL AGEN18 CIES.—

19 ‘‘(A) In any case in which the Secretary

20 determines that satisfactory data for that pur21 pose are available, the grant which a local edu22 cational agency in a State is eligible to receive

23 under this subpart for a fiscal year shall (except

24 as provided in paragraph (3)), be determined by

25 multiplying the number of children counted
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1 under subsection (c) by 40 percent of the

2 amount determined under the next sentence.

3 The amount determined under this sentence

4 shall be the average per pupil expenditure in

5 the State except that (i) if the average per pupil

6 expenditure in the State is less than 80 percent

7 of the average per pupil expenditure in the

8 United States, such amount shall be 80 percent

9 of the average per pupil expenditure in the

10 United States, or (ii) if the average per pupil

11 expenditure in the State is more than 120 per12 cent of the average per pupil expenditure in the

13 United States, such amount shall be 120 per14 cent of the average per pupil expenditure in the

15 United States.

16 ‘‘(B) In any case in which such data are

17 not available, subject to paragraph (3), the

18 grant for any local educational agency in a

19 State shall be determined on the basis of the

20 aggregate amount of such grants for all such

21 agencies in the county or counties in which the

22 school district of the particular agency is lo23 cated, which aggregate amount shall be equal to

24 the aggregate amount determined under sub25 paragraph (A) for such county or counties, and
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1 shall be allocated among those agencies upon

2 such equitable basis in accordance with the

3 basic criteria prescribed by the Secretary.

4 ‘‘(3) SPECIAL ALLOCATION PROCEDURES.—

5 ‘‘(A) Upon determination by the State edu6 cational agency that a local educational agency

7 in the State is unable or unwilling to provide

8 for the special educational needs of children de9 scribed in clause (C) of paragraph (1) of sub10 section (c), who are living in institutions for ne11 glected or delinquent children, the State edu12 cational agency shall, if it assumes responsibil13 ity for the special educational needs of such

14 children, be eligible to receive the portion of the

15 allocation to such local educational agency

16 which is attributable to such neglected or delin17 quent children, but if the State educational

18 agency does not assume such responsibility, any

19 other State or local public agency, as deter20 mined by regulations established by the Sec21 retary, which does assume such responsibility,

22 shall be eligible to receive such portion of the

23 allocation.

24 ‘‘(B) In the case of local educational agen25 cies which serve in whole or in part the same
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1 geographical area, and in the case of a local

2 educational agency which provides free public

3 education for a substantial number of children

4 who reside in the school district of another local

5 educational agency, the State educational agen6 cy may allocate the amount of the grants for

7 those agencies among them in such manner as

8 it determines will best carry out the purposes of

9 this chapter.

10 ‘‘(C) In any State in which a large number

11 of local educational agencies overlap county

12 boundaries, the State educational agency may

13 apply to the Secretary for authority during any

14 particular fiscal year to make the allocations

15 under this part (other than section 1006) di16 rectly to local educational agencies without re17 gard to the counties or may continue to make

18 such allocations if the agency had the authority

19 to do so under chapter 1 of the Education Con20 solidation and Improvement Act of 1981. If the

21 Secretary approves an application of a State

22 educational agency for a particular year under

23 this subparagraph, the State educational agency

24 shall provide assurance that such allocations

25 will be made using precisely the same factors
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1 for determining a grant as are used under this

2 part and that a procedure will be established

3 through which local educational agencies dissat4 isfied with the determinations made by the

5 State educational agency may appeal directly to

6 the Secretary for a final determination.

7 ‘‘(4) DEFINITION.—For purposes of this sub8 section, the term ‘State’ does not include Guam,

9 American Samoa, the Virgin Islands, the Northern

10 Mariana Islands, and the Trust Territory of the Pa11 cific Islands.

12 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUAL13 IFY.—No grant may be made under this part to a local

14 educational agency with fewer than 10 children counted

15 under subsection (c) of this section. No grant may be

16 made under this part to a local educational agency with

17 fewer than 100 children counted under subsection (c) un18 less the number of children counted under such subsection

19 is equal to, or greater than, 18 percent of the total number

20 of children aged 5–17 years, inclusive, in the local edu21 cational agency.

22 ‘‘(c) CHILDREN TO BE COUNTED.—

23 ‘‘(1) CATEGORIES OF CHILDREN.—The number

24 of children to be counted for purposes of this section

25 is the aggregate of—
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1 ‘‘(A) the number of children aged 5 to 17,

2 inclusive, in the school district of the local edu3 cational agency from families below the poverty

4 level as determined under paragraph (2)(A);

5 ‘‘(B) the number of children aged 5 to 17,

6 inclusive, in the school district of such agency

7 from families above the poverty level as deter8 mined under paragraph (2)(B);

9 ‘‘(C) the number of children aged 5 to 17,

10 inclusive, in the school district of such agency

11 living in institutions for neglected or delinquent

12 children (other than such institutions operated

13 by the United States) but not counted pursuant

14 to subpart 3 of part D for the purposes of a

15 grant to a State agency, or being supported in

16 foster homes with public funds; and

17 ‘‘(D) the number of children aged 5 to 17,

18 inclusive, in the school district of such agency

19 who are not counted under subparagraph (A)

20 and who speak English less than ‘very well’, as

21 determined by the most recent satisfactory data

22 available from the Department of Commerce;

23 minus a number equal to 2 percent of the population

24 of children, aged 5 to 17, inclusive, in the local edu-
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1 cational agency as determined by the Department of

2 Commerce.

3 ‘‘(2) DETERMINATION OF NUMBER OF CHIL4 DREN.—

5 ‘‘(A) For the purposes of this section, the

6 Secretary shall determine the number of chil7 dren aged 5 to 17, inclusive, from families

8 below the poverty level on the basis of the 1990

9 decennial census (with updates provided by the

10 Department of Commerce as required under

11 subparagraph (C)) for local educational agen12 cies; and in determining the families which are

13 below the poverty level, the Secretary shall uti14 lize the criteria of poverty used by the Bureau

15 of the Census in compiling the most recent de16 cennial census.

17 ‘‘(B) For purposes of this section, the Sec18 retary shall determine the number of children

19 aged 5 to 17, inclusive, from families above the

20 poverty level on the basis of the number of such

21 children from families receiving an annual in22 come, in excess of the current criteria of pov23 erty, from payments under the program of aid

24 to families with dependent children under a

25 State plan approved, under title IV of the So-
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1 cial Security Act; and in making such deter2 minations the Secretary shall utilize the criteria

3 of poverty used by the Bureau of the Census in

4 compiling the most recent decennial census for

5 a family of 4 in such form as those criteria

6 have been updated by increases in the

7 Consumer Price Index. The Secretary shall de8 termine the number of such children and the

9 number of children of such ages living in insti10 tutions for neglected or delinquent children, or

11 being supported in foster homes with public

12 funds, on the basis of the caseload data for the

13 month of October of the preceding fiscal year

14 (using, in the case of children described in the

15 preceding sentence, the criteria of poverty and

16 the form of such criteria required by such sen17 tence which were determined for the calendar

18 year preceding such month of October) or, to

19 the extent that such data are not available to

20 the Secretary before January of the calendar

21 year in which the Secretary’s determination is

22 made, then on the basis of the most recent reli23 able data available to the Secretary at the time

24 of such determination. The Secretary of Health

25 and Human Services shall collect and transmit
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1 the information required by this subparagraph

2 to the Secretary not later than January 1 of

3 each year.

4 ‘‘(C) For purposes of section 2(A), begin5 ning in 1995 and every 2 years thereafter, the

6 Secretary of Commerce shall make a special up7 dated estimate of the number of children of

8 such ages who are from families below the pov9 erty level in each State, county, and local edu10 cational agency. The Secretary is authorized to

11 pay (either in advance or by way of reimburse12 ment) the Secretary of Commerce the cost of

13 making this special estimate. The Secretary of

14 Commerce shall adjust such estimates for popu15 lation undercounts of certain groups, particu16 larly low-income families. The Secretary of

17 Commerce shall give consideration to any re18 quest of the chief executive of a State for the

19 collection of additional census information. For

20 purposes of this section, the Secretary shall

21 consider all children who are in correctional in22 stitutions to be living in institutions for delin23 quent children.

24 ‘‘(d) PROGRAM FOR INDIAN CHILDREN.—
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1 ‘‘(1) From the amount allotted for payments to

2 the Secretary of the Interior under the second sen3 tence of subsection (a)(1), the Secretary of the Inte4 rior shall make payments to local educational agen5 cies, upon such terms as the Secretary determines

6 will best carry out the purposes of this chapter with

7 respect to out-of-State Indian children in the ele8 mentary and secondary schools of such agencies

9 under special contracts with the Department of the

10 Interior. The amount of such payment may not ex11 ceed, for each such child, 40 percent of (A) the aver12 age per pupil expenditure in the State in which the

13 agency is located, or (B) 120 percent of such ex14 penditure in the United States, whichever is the

15 greater.

16 ‘‘(2) The amount allotted for payments to the

17 Secretary of the Interior under the second sentence

18 of subsection (a)(1) for any fiscal year shall be, as

19 determined pursuant to criteria established by the

20 Secretary, the amount necessary to meet the special

21 educational needs of educationally deprived Indian

22 children on reservations serviced by elementary and

23 secondary schools for Indian children operated with

24 Federal assistance or operated by the Department of

25 the Interior. Such payment shall be made pursuant
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1 to an agreement between the Secretary and the Sec2 retary of the Interior containing such assurances

3 and terms as the Secretary determines will best

4 achieve the purposes of this chapter. Such agree5 ment shall contain (A) an assurance that payments

6 made pursuant to this subparagraph will be used

7 solely for programs and projects approved by the

8 Secretary of the Interior which meet the applicable

9 requirements of subpart 2 of this part and that the

10 Department of the Interior will comply in all other

11 respects with the requirements of this chapter, and

12 (B) provision for carrying out the applicable provi13 sions of subpart 2 of this part and part F. Such

14 agreement shall consider a tribal organization oper15 ating a school under the Indian Self-determination

16 and Education Assistance Act (25 U.S.C. 450 et

17 seq.) or the Tribally Controlled Schools Act of 1987

18 as a local educational agency, and shall consider the

19 Secretary of the Interior as a State or State edu20 cational agency for all purposes defining the author21 ity of States or State educational agencies relative to

22 local educational agencies. If, in the capacity as a

23 State educational agency, the Secretary of the Inte24 rior promulgates regulations applicable to such tribal

25 organizations, the Secretary shall comply with sec-
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1 tion 1451 of this Act and with section 553 of title

2 5 of the United States Code, relating to administra3 tive procedure, and such regulations must be con4 sistent with subsections (d) and (e) of section 1121,

5 section 1130, and section 1133 of the Education

6 Amendments of 1978.

7 ‘‘(e) STATE MINIMUM.—

8 ‘‘(1) For any fiscal year for which—

9 ‘‘(A) sums available for the purposes of

10 this section exceed sums available under chap11 ter 1 of the Education Consolidation and Im12 provement Act of 1981 for fiscal year 1988;

13 and

14 ‘‘(B)(i) sums available for the purpose of

15 section 1006 equal or exceed $400,000,000, or

16 ‘‘(ii) sums available for the purpose of sec17 tion 1005 equal or exceed amounts appro18 priated for such purpose in fiscal year 1988 by

19 $700,000,000,

20 the aggregate amount allotted for all local edu21 cational agencies within a State may not be less

22 than one-quarter of 1 percent of the total amount

23 available for such fiscal year under this section.

24 ‘‘(2) The provisions of paragraph (1) shall

25 apply only if each State is allotted an amount which
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1 is not less than the payment made to each State

2 under chapter 1 of the Education Consolidation and

3 Improvement Act of 1981 for fiscal year 1988.

4 ‘‘(3)(A) No State shall, by reason of the appli5 cation of the provisions of paragraph (1) of this sub6 section, be allotted more than—

7 ‘‘(i) 150 percent of the amount that the

8 State received in the fiscal year preceding the

9 fiscal year for which the determination is made,

10 or

11 ‘‘(ii) the amount calculated under subpara12 graph (B), whichever is less.

13 ‘‘(B) For the purpose of subparagraph (A)(ii),

14 the amount for each State equals—

15 ‘‘(i) the number of children in such State

16 counted under subsection (c) in the fiscal year

17 specified in subparagraph (A), multiplied by

18 ‘‘(ii) 150 percent of the national average

19 per pupil payment made with funds available

20 under this section for that year.

21 ‘‘(f) DURATION OF ASSISTANCE.—During the period

22 beginning January 1, 1995, and ending September 30,

23 2004, the Secretary shall, in accordance with the provi24 sions of this part, make payments to State educational
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1 agencies for grants made on the basis of entitlements cre2 ated under this section.

3 ‘‘SEC. 1006. GRANTS FOR LOCAL EDUCATIONAL, AGENCIES

4 IN COUNTIES WITH ESPECIALLY HIGH CON5 CENTRATIONS OF CHILDREN FROM LOW-IN6 COME FAMILIES.

7 ‘‘(a) ELIGIBILITY FOR AND AMOUNT OF SPECIAL

8 GRANTS.—

9 ‘‘(1)(A) Except as otherwise provided in this

10 paragraph, each county, in a State other than

11 Guam, American Samoa, the Virgin Islands, the

12 Northern Mariana Islands, and the Trust Territory

13 of the Pacific Islands, which is eligible for a grant

14 under this chapter for any fiscal year shall be enti15 tled to an additional grant under this section for

16 that fiscal year if—

17 ‘‘(i) the number of children counted under

18 section 1005(c) of this chapter in the school

19 district of local educational agencies in such

20 county for the preceding fiscal year exceeds

21 6,500, or

22 ‘‘(ii) the number of children counted under

23 section 1005(c) exceeds 18 percent of the total

24 number of children aged five to seventeen, in25 clusive, in the school districts of local edu-
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1 cational agencies in such county in that fiscal

2 year.

3 ‘‘(B) Except as provided in subparagraph (C),

4 no State described in subparagraph (A) shall receive

5 less than—

6 ‘‘(i) one-quarter of 1 percent of the sums

7 appropriated under subsection (c) of this sec8 tion for such fiscal year; or

9 ‘‘(ii) $250,000, whichever is higher.

10 ‘‘(C) No State shall, by reason of the applica11 tion of the provisions of subparagraph (B)(i) of this

12 paragraph, be allotted more than—

13 ‘‘(i) 150 percent of the amount that the

14 State received in the fiscal year preceding the

15 fiscal year for which the determination is made,

16 or

17 ‘‘(ii) the amount calculated under subpara18 graph (B), whichever is less.

19 ‘‘(D) For the purpose of subparagraph (C), the

20 amount for each State equals—

21 ‘‘(i) the number of children in such State

22 counted for purposes of this section in the fiscal

23 year specified in subparagraph (B), multiplied

24 by
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1 ‘‘(ii) 150 percent of the national average

2 per pupil payment made with funds available

3 under this section for that year.

4 ‘‘(2) For each county in which there are local

5 educational agencies eligible to receive an additional

6 grant under this section for any fiscal year the Sec7 retary shall determine the product of—

8 ‘‘(A) the number of children counted under

9 section 1005(c) for the current fiscal year—

10 ‘‘(i) the number of children in excess

11 of 6,500 counted under section 1005(c) for

12 the preceding fiscal year, in the school dis13 tricts of local educational agencies of a

14 county which qualifies on the basis of sub15 paragraph (A) of paragraph (1); or

16 ‘‘(ii) the number of children counted

17 under section 1005(c) for the preceding

18 fiscal year in the school districts of local

19 educational agencies in a county which

20 qualifies on the basis of subparagraph (B)

21 of paragraph (1); and

22 ‘‘(B) the quotient resulting from the divi23 sion of the amount determined for those agen24 cies under section 1005(a)(2) of this chapter

25 for the fiscal year for which the determination
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1 is being made divided by the total number of

2 children counted under section 1005(c) for that

3 agency for the preceding fiscal year.

4 ‘‘(3) The amount of the additional grant to

5 which an eligible county is entitled under this section

6 for any fiscal year shall be an amount which bears

7 the same ratio to the amount reserved under sub8 section (c) for that fiscal year as the product deter9 mined under paragraph (2) for such county for that

10 fiscal year bears to the sum of such products for all

11 counties in the United States for that fiscal year.

12 ‘‘(4) For the purposes of this section, the Sec13 retary shall determine the number of children count14 ed under section 1005(c) for any county, and the

15 total number of children aged five to seventeen, in16 clusive, in school districts of local educational agen17 cies in such county, on the basis of the most recent

18 satisfactory data available at the time of the pay19 ment for such county as determined under section

20 1005.

21 ‘‘(b) PAYMENTS; USE OF FUNDS.—

22 ‘‘(1) The total amount which counties in a

23 State are entitled to under this section for any fiscal

24 year shall be added to the amount paid to that State

25 under section 1401 for such year. From the amount
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1 paid to it under this section, the State shall distrib2 ute to local educational agencies in each county of

3 the State the amount (if any) to which it is entitled

4 under this section.

5 ‘‘(2) The amount paid to a local educational

6 agency under this section shall be used by that agen7 cy for activities undertaken pursuant to its applica8 tion submitted under section 1012 and shall be sub9 ject to the other requirements in subpart 2 of this

10 part.

11 ‘‘(c) RESERVATION OF FUNDS.—Of the total

12 amounts made available for this part, 50 percent shall be

13 allocated following the provisions of section 1005, and 50

14 percent shall be allocated following the provisions of sub15 sections (a) and (b) of this section.

16 ‘‘(d) RATABLE REDUCTION RULE.—If the sums

17 available under subsection (c) for any fiscal year for mak18 ing payments under this section are not sufficient to pay

19 in full the total amounts which all States are entitled to

20 receive under subsection (a) for such fiscal year, the maxi21 mum amounts which all States are entitled to receive

22 under subsection (a) for such fiscal year shall be ratably

23 reduced. In case additional funds become available for

24 making such payments for any fiscal year during which

25 the preceding sentence is applicable, such reduced
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1 amounts shall be increased on the same basis as they were

2 reduced.

3 ‘‘Subpart 2—Allocations

4 ‘‘SEC. 1011. USES OF FUNDS.

5 ‘‘A local educational agency may use funds received

6 under this part only for education programs and activities

7 which are designed to facilitate the attainment by students

8 and schools of the standards set forth in section 1012 and

9 which are included in an application for assistance ap10 proved by the State educational agency. Such programs

11 and activities may include—

12 ‘‘(1) preschool through secondary instructional

13 programs, including programs conducted before,

14 during and after the regular school day and during

15 the summer;

16 ‘‘(2) staff development and training programs

17 to improve instructional practices aimed at effective

18 teaching strategies for economically deprived or lim19 ited-English proficient children, the development and

20 use of nondiscriminatory, developmentally appro21 priate, and linguistically accessible classroom-based

22 assessments, use of district and State assessment in23 struments, and effective strategies for involving par24 ents, in particular limited-English proficient parents

25 and parents with limited literacy skills;
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1 ‘‘(3) the design and implementation of, and

2 staff development and training on the use of, assess3 ments based on sound psychometric practice and

4 theoretically based research, including contemporary

5 theories and research on language proficiency and

6 communicative competence and other measures to

7 assess whether a student is limited-English pro8 ficient and the monitoring of the students’ academic

9 and English language acquisition progress;

10 ‘‘(4) design and implementation at the school

11 and district levels of assessments integrated with

12 curriculum and instruction, that foster teaching and

13 learning, are adaptable to diverse student popu14 lations, encourage self-reflection and decision-mak15 ing, emphasize students’ strengths and incorporate

16 into the design and implementation those elements

17 and characteristics that enable all students to bene18 fit from instructional practices and assessment out19 comes, including opportunities for limited-English

20 proficient students to be assessed in their primary

21 language;

22 ‘‘(5) planning and implementing schoolwide im23 provement initiatives to improve instruction and

24 other education reforms, including restructuring the

25 school day, team teaching, heterogeneous classes,
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1 and other methods, that do not separate participat2 ing children from instruction in the regular school

3 program in core subjects;

4 ‘‘(6) development and implementation of parent

5 involvement activities and training pursuant to sec6 tion 1016;

7 ‘‘(7) acquisition of equipment and multilingual

8 materials, including books, computers, and other in9 structional resources;

10 ‘‘(8) activities undertaken pursuant to section

11 1019 designed to increase eligible students’ access to

12 health and social services, if funds are spent in ac13 cordance with section 1019(e);

14 ‘‘(9) hiring additional teachers, including bilin15 gual teachers, consultants, bilingual aides, or other

16 staff to implement programs under this chapter; and

17 ‘‘(10) rewards provided pursuant to sections

18 1012 and 1021.

19 ‘‘SEC. 1012. STANDARDS, ASSURANCES, APPLICATIONS AND

20 CAPACITY BUILDING.

21 ‘‘(a) STANDARDS.—

22 ‘‘(1) DUTIES OF THE SECRETARY.—The Sec23 retary shall adopt guidelines for the development by

24 State educational agencies of State standards in ac25 cordance with the following principles:
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•HR 3229 IH

1 ‘‘(A) OVERARCHING STANDARD.—The

2 overarching standard shall be the attainment of

3 high level skills and knowledge, meaning the

4 ability to reason, read, understand, interpret

5 and analyze complex material in a broad range

6 of academic subjects, to use quantitative skills

7 for planning, analysis, and problem solving, to

8 speak and write effectively, and to work coop9 eratively in teams as well as to think and act

10 independently.

11 ‘‘(B) TYPES OF STANDARDS.—The stand12 ards shall be of three types:

13 ‘‘(i) Content standards that are cul14 turally sensitive and set out the knowledge

15 and skills, that schools must teach to en16 able all students, including those with lim17 ited English proficiency, to attain high lev18 els of proficiency, and

19 ‘‘(I) shall be geared to the devel20 opment of competencies that will qual21 ify students for higher education and

22 higher-skill occupations and will pre23 pare them to function as knowledge24 able and contributing citizens in soci25 ety;
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•HR 3229 IH

1 ‘‘(II) shall relate to specific sub2 ject areas, including reading, mathe3 matics, and science, and shall also re4 quire the integration of knowledge

5 and problem-solving skills in several

6 disciplines;

7 ‘‘(III) shall be broad-ranging and

8 encompass reading, mathematics,

9 writing, science, history, and geog10 raphy and other subjects as appro11 priate; and

12 ‘‘(IV) shall also call for the devel13 opment of knowledge and skills in

14 other areas that will prepare students

15 to function as knowledgeable and con16 tributing citizens, such as health, ac17 quisition of a second-language, the

18 arts and community service.

19 ‘‘(ii) Student performance standards

20 that establish both the degree or quality of

21 proficiency ultimately expected of students,

22 including limited English proficient stu23 dents, in meeting the content standards

24 and a range of intermediate benchmarks to
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1 serve as indicators for assessing the status

2 and progress of student performance.

3 ‘‘(iii) Opportunity-to-learn standards

4 that include a series of measures that will

5 be used to determine whether schools and

6 teachers have been provided with the

7 means to meet content standards and

8 whether students, including limited English

9 proficient students, have been provided a

10 meaningful opportunity to meet perform11 ance standards including—

12 ‘‘(I) provision to students in each

13 local educational agency and school of

14 a culturally sensitive, developmentally

15 appropriate, and linguistically acces16 sible curriculum that meets the con17 tent standards prescribed in sub18 section (a)(1)(B)(i);

19 ‘‘(II) the use in each local edu20 cational agency and school of appro21 priately trained, licensed, or certified

22 staff who are teaching in their areas

23 of licensure or certification, and the

24 use of appropriately trained or cer-
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•HR 3229 IH

1 tified staff to teach limited English

2 proficient students;

3 ‘‘(III) the use in each local edu4 cational agency and school of system5 atic instructional practices that can be

6 shown to help economically deprived

7 and limited English proficient stu8 dents attain the standards set forth in

9 this section and the elimination of in10 structional practices that have been

11 shown to be ineffective in attaining

12 the standards;

13 ‘‘(IV) provision to students in

14 each local educational agency and

15 school of technologically advanced

16 equipment, such as computers, soft17 ware programs or other equipment

18 which facilitates learning;

19 ‘‘(V) provision to students in

20 each local educational agency and

21 school of an adequate quantity of de22 velopmentally appropriate, culturally

23 sensitive, and linguistically accessible

24 up-to-date resource materials and

25 books;
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1 ‘‘(VI) provision to limited-Eng2 lish proficient students of a curricu3 lum designed to build on their existing

4 linguistic and cognitive skills and ad5 dress specific developmental needs

6 based on students’ strengths in lan7 guage (listening, speaking, reading or

8 writing) or content;

9 ‘‘(VII) the establishment by each

10 local educational agency and school of

11 an adequate number of facilities for

12 students that are conducive to learn13 ing, clean, and safe;

14 ‘‘(VIII) the provision in each

15 local educational agency and school of

16 the high-quality staff development and

17 other capacity-building measures spec18 ified in section 1012(c);

19 ‘‘(IX) the establishment in each

20 local educational agency and school of

21 the programs and procedures for par22 ent involvement specified in section

23 1016;

24 ‘‘(X) the allocation of time in

25 teachers’ schedules that is adequate to
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1 enable them to review and share infor2 mation on student achievement, to

3 consult with their colleagues on the

4 needs of individual students and on

5 school improvement, to increase pro6 fessional knowledge and skills, and to

7 improve the effectiveness of their

8 teaching;

9 ‘‘(XI) the use in each local edu10 cational agency and school of valid

11 and nondiscriminatory assessment

12 systems that are linguistically acces13 sible and capable of providing coher14 ent information about student attain15 ments relative to the content stand16 ards and that are modeled on good in17 structional practices; and

18 ‘‘(XII) the use of appropriately

19 trained teachers and other instruc20 tional staff in the development and

21 use of State and local assessment

22 measures.

23 ‘‘(C) ASSISTANCE TO STATE AND LOCAL

24 EDUCATIONAL AGENCIES.—The Secretary shall

25 make available to all State educational agencies
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1 the best standards set by professional associa2 tions and exemplary standards submitted by

3 State educational agencies under paragraph (2)

4 of this subsection and shall provide other tech5 nical assistance to States and to the extent

6 practicable to local educational agencies in the

7 development of standards.

8 ‘‘(D) REVIEW OF STANDARDS.—The Sec9 retary shall determine within 90 days after sub10 mission whether each State educational agency

11 has submitted standards that meet the require12 ments of this section and shall require State

13 educational agencies that fail to submit accept14 able standards to select a set of standards from

15 among those State educational agency submis16 sions the Secretary has found acceptable.

17 ‘‘(2) DUTIES OF STATE EDUCATIONAL AGEN18 CIES.—

19 ‘‘(A) Each State educational agency shall

20 submit to the Secretary by January 1, 1997,

21 statewide content, performance, and oppor22 tunity-to-learn standards that comply with the

23 requirements set forth in this section, and

24 guidelines for the development of local stand-
36

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1 ards by local educational agencies that comply

2 with the State standards.

3 ‘‘(B) Each State educational agency shall

4 develop standards and guidelines that—

5 ‘‘(i) incorporate the best standards set

6 by professional associations;

7 ‘‘(ii) provide assurances that the

8 standards adopted for Chapter 1 students

9 are not lower than those the State and

10 local educational agency applies to non11 Chapter 1 students; and

12 ‘‘(iii) provide assurances that the

13 standards adopted for Chapter 1 students

14 who are limited-English proficient are not

15 lower than those developed for non-limited16 English proficient students.

17 ‘‘(C) To assist in the development of

18 standards, each State educational agency shall

19 establish and engage in a process of public con20 sultation that shall encourage the informed par21 ticipation of persons involved or interested in

22 public education, including leaders of profes23 sional education associations, practitioners and

24 persons experienced in the teaching of economi25 cally deprived and limited-English proficient
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1 children, parents, and community and business

2 leaders.

3 ‘‘(D) Each State educational agency, after

4 approval of its submission by the Secretary,

5 shall assure that its standards and guidelines

6 are distributed to all local educational agencies,

7 that they are made widely available on request

8 and that summaries and other information

9 about the approved standards are prepared and

10 made available to professional education asso11 ciations, community and business leaders,

12 teachers, parents, and students. The informa13 tion contained therein shall be translated, to the

14 extent feasible, into any language that a signifi15 cant percentage of the parents of participatory

16 children in the school speak as their primary

17 language.

18 ‘‘(3) SUPPLEMENTAL LOCAL STANDARDS.—

19 Each local educational agency and school shall—

20 ‘‘(A) engage parents, teachers, and other

21 school staff and members of the school commu22 nity in a discussion of the State standards and

23 guidelines for the purpose of developing local

24 standards to assure adherence to the State

25 standards;
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•HR 3229 IH

1 ‘‘(B) determine what additions to or revi2 sions of curriculum and instructional strategies

3 are necessary to enable students, including lim4 ited-English proficient students, to meet the

5 State standards;

6 ‘‘(C) develop specific local educational

7 agency and school standards which facilitate

8 adherence to the State standards;

9 ‘‘(D) assure that all members of the school

10 community are provided with clear information

11 about the State and local standards and about

12 their responsibilities for meeting them; and

13 ‘‘(E) include the local standards with the

14 school and local educational agency achievement

15 plans, submitted to the State educational agen16 cy pursuant to section 1012(c).

17 ‘‘(b) ASSURANCES.—

18 ‘‘(1) STATE EDUCATIONAL AGENCY ASSUR19 ANCES.—Any State desiring to participate under

20 this chapter shall submit to the Secretary, through

21 its State educational agency, assurances that such

22 agency—

23 ‘‘(A) will meet the requirements in section

24 435 (b)(2) and (b)(5) of the General Education
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•HR 3229 IH

1 Provisions Act relating to fiscal control and

2 fund accounting procedures;

3 ‘‘(B) will carry out the activities required

4 under this chapter, including standards, local

5 educational agency capacity-building, statewide

6 comparability, health and social services, assess7 ment, and enforcement;

8 ‘‘(C) has on file a plan that meets the re9 quirements of section 1012(c)(4)(C); and

10 ‘‘(D) will ensure that its local educational

11 agencies and State agencies receiving funds

12 under this chapter comply with all applicable

13 statutory and regulatory provisions pertaining

14 to this chapter.

15 ‘‘(2) LOCAL EDUCATIONAL ASSURANCES.—As

16 part of its application pursuant to section

17 1012(c)(3), any local educational agency desiring to

18 participate under this chapter shall submit to the

19 State educational agency, assurances that the local

20 educational agency—

21 ‘‘(A) will carry out the activities required

22 under this chapter, including standards, capac23 ity building, parent involvement, school com24 parability, health and social services, assess25 ment, and enforcement; and
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•HR 3229 IH

1 ‘‘(B) will ensure that all programs and ac2 tivities funded in whole or in part under this

3 section are properly evaluated and conducted

4 according to accepted professional standards

5 and the results made widely available to par6 ents, school staff, and the public. The informa7 tion contained therein shall be translated, to the

8 extent feasible, into any language that a signifi9 cant percentage of the parents of participating

10 children in the school speak as their primary

11 language.

12 ‘‘(c) CAPACITY BUILDING, STAFF DEVELOPMENT,

13 AND SCHOOL IMPROVEMENT.—

14 ‘‘(1) GOALS.—The goals of capacity building,

15 staff development and school improvement programs

16 funded under this chapter are—

17 ‘‘(A) to assure that the curriculum, assess18 ment, instruction, support services and course

19 placement practices at each participating school

20 operate to enable all economically deprived stu21 dents, including limited-English proficient stu22 dents, to achieve at the high levels called for

23 under this chapter;
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•HR 3229 IH

1 ‘‘(B) to build the capacity of the school as

2 a whole to become self-critical, self-regulating,

3 and continually focused on improving results;

4 ‘‘(C) to assure that individual professionals

5 on the school team have the knowledge and

6 skills to enable economically deprived students,

7 including limited-English proficient students, to

8 achieve at the high levels called for under this

9 chapter;

10 ‘‘(D) to inform professional staff in partici11 pating schools with developments in their pro12 fessions and disciplines; and

13 ‘‘(E) to develop the capacity of school staff

14 to work with parents so that parents may be15 come full participants in their children’s edu16 cation, both at home and at school.

17 ‘‘(2) PARTICIPATING SCHOOLS.—Each partici18 pating school shall plan and undertake a program of

19 staff development and school improvement activities,

20 in accordance with its school achievement plan and

21 the goals specified in this section. Prior to receiving

22 any funds under this chapter, and every two years

23 thereafter, each participating school shall prepare

24 and submit to the local educational agency a com25 prehensive school achievement plan that describes
42

•HR 3229 IH

1 the program to be implemented under this chapter.

2 The school shall involve teachers, other professional

3 staff, parents, and in the case of secondary schools,

4 students, in identifying needs and in developing the

5 school plan.

6 ‘‘(A) SCHOOL ACHIEVEMENT PLANS.—

7 Each participating achievement plan of a school

8 shall include—

9 ‘‘(i) an analysis and description of re10 liable data based on—

11 ‘‘(I) student achievement pat12 terns, and student’s progress in meet13 ing the State and local standards sep14 arately stated by race, national origin,

15 gender, status as a limited-English

16 proficient student, and status as eco17 nomically deprived and

18 noneconomically deprived;

19 ‘‘(II) the number of economically

20 deprived students in the school and a

21 description of the methodology used to

22 identify economically deprived stu23 dents;

24 ‘‘(III) grade-level retention rates,

25 school drop-out rates, school rates of
43

•HR 3229 IH

1 special education student placements,

2 and school suspension and other dis3 ciplinary rates by race, national ori4 gin, status as a limited-English pro5 ficient student, and gender; and

6 ‘‘(IV) the current program being

7 offered to limited-English proficient

8 students and a description of the

9 number and percentage of students

10 identified as limited-English proficient

11 and non-limited English proficient;

12 and

13 ‘‘(ii) based on such analysis—

14 ‘‘(I) steps the school will take

15 over the course of the academic year

16 to ensure that increasing proportions

17 of economically deprived students, in18 cluding limited English proficient stu19 dents, meet the State and local stand20 ards;

21 ‘‘(II) steps the school will take to

22 address any disproportionate increases

23 on the basis of race, national origin,

24 gender, or status as a limited English

25 proficient student in school drop-out
44

•HR 3229 IH

1 rates, school rates of special education

2 student placements, school discipli3 nary and suspension rates and grade4 level retention rates;

5 ‘‘(III) steps the school will take

6 to reduce the number of dropouts;

7 ‘‘(IV) steps the school will take

8 to supplement and not supplant the

9 program for economically deprived

10 and limited English proficient stu11 dents;

12 ‘‘(V) steps the school will take to

13 provide linguistically accessible chal14 lenging content and curriculum and to

15 ensure that the school program serves

16 limited-English proficient students to

17 the same extent it serves participating

18 non-limited English proficient stu19 dents and the extent limited-English

20 proficient students are included;

21 ‘‘(VI) steps the school will take

22 to provide maximum coordination be23 tween services provided under this

24 chapter and services provided to ad25 dress a student’s handicapping condi-
45

•HR 3229 IH

1 tions or limited-English proficiency, in

2 order to increase program effective3 ness, eliminate duplication and reduce

4 fragmentation of the students’ pro5 grams; and

6 ‘‘(VII) steps the school will take

7 to ensure parent involvement pursu8 ant to section 1016; and

9 ‘‘(iii) the plan shall include a budget

10 and a timeline for staff development and

11 school improvement activities.

12 Plans submitted before States have adopted

13 new standards and assessment systems should

14 be based on an analysis of available data on

15 student achievement, on a review of content and

16 performance standards generated by profes17 sional organizations and a comparison of in18 structional practice at the school with available

19 research and professional standards of best

20 practice.

21 ‘‘(B) ASSISTANCE TO STUDENTS.—Each

22 participating school shall undertake measures

23 to ensure that economically deprived students

24 who experience difficulty mastering any of the

25 standards during the course of the school year
46

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1 shall be provided with effective, timely addi2 tional assistance, which shall include—

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

4 difficulties are identified on a timely basis

5 and with sufficient particularity to provide

6 effective assistance;

7 ‘‘(ii) periodic training for teachers on

8 how to identify such difficulties and to pro9 vide assistance to individual students;

10 ‘‘(iii) for any student who has not

11 demonstrated proficiency in mastering the

12 standards in subsection (a), a joint review

13 at least annually by the student’s teacher

14 and parents, of the results of the student’s

15 assessment required by section 1020, at

16 which time the teacher and parents shall

17 also discuss what the school will do to help

18 the student meet the standards, what the

19 parents can do to help the student improve

20 his or her performance, and additional as21 sistance which may be available to the stu22 dent at the school or elsewhere in the com23 munity; and

24 ‘‘(iv) measures to ensure that all par25 ents, including those with limited literacy
47

•HR 3229 IH

1 or limited-English proficiency, have the

2 necessary information and other assistance

3 to participate fully in the review required

4 by subsection (iii).

5 ‘‘(C) Each participating school shall spend

6 not less than 10 percent in 1995 and 1996, 18

7 percent in 1997, and 20 percent in 1998 and

8 each year thereafter, of funds received annually

9 under this chapter on staff development and

10 school improvement programs and activities au11 thorized by this section.

12 ‘‘(3) PARTICIPATING LOCAL EDUCATIONAL

13 AGENCIES.—(A) Prior to receiving any funds under

14 this chapter, and every two years thereafter, each

15 participating local educational agency shall develop

16 and implement a districtwide plan which shall—

17 ‘‘(i) be based on analyses of reliable data

18 of student achievement patterns for the local

19 educational agency as a whole, and by school,

20 separately stated by race, national origin, gen21 der, status as a limited-English proficient stu22 dent, and status as an economically deprived

23 student;

24 ‘‘(ii) be based on analyses of grade-level re25 tentions, drop-outs, special education student
48

•HR 3229 IH

1 placement, and suspension and other discipli2 nary actions, separated by race, national origin,

3 gender, status as a limited-English proficient

4 student;

5 ‘‘(iii) include a description of the steps the

6 local educational agency will take to ensure all

7 students to be served by the program are given

8 access to the same challenging content and be

9 held to the same expectations as those for all

10 other students in the district;

11 ‘‘(iv) include a description of the steps to

12 be taken to ensure that the individual school

13 programs serve limited-English proficient stu14 dents to the same extent they serve participat15 ing nonlimited-English proficient students, sup16 plement and do not supplant the services being

17 provided to economically deprived and limited18 English proficient students, provide linguis19 tically accessible challenging content and cur20 riculum for limited-English proficient students,

21 provide linguistically accessible classroom and

22 library materials for limited-English proficient

23 students, provide for bilingual aides, and if 5

24 percent or more of the enrolled students in the

25 district are identified as limited-English pro-
49

•HR 3229 IH

1 ficient and there is a lack of bilingual teachers,

2 institute a recruitment program to hire addi3 tional bilingual teachers;

4 ‘‘(v) include a description of the steps to

5 be taken districtwide to reduce the number of

6 dropouts; and

7 ‘‘(vi) include a description of steps to ad8 dress any disproportionate increases district9 wide or at individual schools on the basis of

10 race, national origin, gender, and status as a

11 limited-English proficient student in school and

12 students as an economically deprived student in

13 school, drop-out rates, rates of special education

14 placements, disciplinary and suspension rates,

15 and grade-level retention rates;

16 ‘‘(B) In developing its plan, the local edu17 cational agency shall consider the student achieve18 ment plans and budgets developed by each partici19 pating school pursuant to section 1012(c)(2), and

20 shall identify any additional programs for staff de21 velopment and school improvement, including a

22 budget, that the local educational agency may decide

23 to undertake utilizing Chapter 1 funds. The local

24 educational agency shall involve teachers, other pro25 fessional staff, parent representatives and commu-
50

•HR 3229 IH

1 nity representatives in developing the districtwide

2 plan.

3 ‘‘(C) Notwithstanding the requirements of sub4 section (3), each local educational agency shall sub5 mit its budget for programs funded under this chap6 ter to the State educational agency on an annual

7 basis.

8 ‘‘(4) STATE EDUCATIONAL AGENCIES.—Each

9 State educational agency shall design and carry out

10 a strategy to ensure the availability of high-quality

11 professional development and school improvement

12 assistance to participating local educational agencies

13 and schools.

14 ‘‘(A) In consultation with local educational

15 agencies, teacher and parent representatives,

16 paraprofessionals, and university and other pro17 viders of staff development services, the State

18 educational agency shall—

19 ‘‘(i) conduct an analysis of the sources

20 of assistance, public and private, currently

21 available to local educational agencies and

22 schools for staff development and school

23 improvement and of the adequacy of these

24 sources in enabling local educational agen25 cies and schools to help economically de-
51

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1 prived students, including limited English

2 proficient students, meet the standards re3 quired by section 1012(a);

4 ‘‘(ii) develop initiatives to increase the

5 resources available for staff development

6 and school improvement, including re7 sources to assist teachers with curricular,

8 instructional, assessment and pedagogical

9 strategies for economically deprived stu10 dents and making subject matter content

11 linguistically accessible to limited English

12 proficient students, to assist principals

13 with leadership and management training,

14 to assist counselors and school aides with

15 techniques for supporting high achieve16 ment, to assist staff to recruit additional

17 bilingual teachers and bilingual aides, and

18 to provide parents with the means to orga19 nize and sustain school improvement ef20 forts; and

21 ‘‘(iii) disseminate to local educational

22 agencies and schools information about

23 educational practices and programs which

24 will assist them in meeting the standards

25 required by section 1012(a), including staff
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•HR 3229 IH

1 development programs offered by univer2 sities and private providers.

3 ‘‘(B) Each State educational agency shall

4 ensure to all local educational agencies and

5 schools within its jurisdiction the availability

6 of—

7 ‘‘(i) assistance aimed at building the

8 organizational capacity of the school as a

9 whole, including helping the staff to learn

10 how to analyze student achievement data,

11 to develop and implement plans for school

12 improvement, to remove barriers to student

13 success, and to monitor progress; and

14 ‘‘(ii) assistance with particular tasks

15 such as redesigning science curricula, im16 proving instruction in reading, improving

17 instruction to ensure linguistically acces18 sible content curricula for limited English

19 proficient students, enhancing skills of key

20 professionals, and engaging parents.

21 ‘‘(C) State Educational Agency Plan and

22 Self Evaluation:

23 ‘‘(i) On or before January 1, 1996,

24 the State educational agency shall prepare

25 and submit to the Secretary, with its appli-
53

•HR 3229 IH

1 cation for assistance, an initial plan and

2 annual budget for programs and activities

3 to be undertaken pursuant to section 1012.

4 ‘‘(ii) In each succeeding year, the

5 State educational agency shall submit to

6 the Secretary, with its application, an an7 nual budget, and every two years, a revised

8 plan and self-evaluation of programs and

9 activities conducted during the preceding

10 years pursuant to this section.

11 ‘‘(5) ELIGIBILITY.—

12 ‘‘(A) All principals and other administra13 tors, certified teachers and other staff, and

14 paraprofessionals employed in participating

15 schools are eligible to participate in staff devel16 opment and school improvement programs

17 funded in whole or in part under this section.

18 ‘‘(B) To the extent that State educational

19 agencies and local educational agencies under20 take staff development programs, where the

21 beneficiaries of such programs include children

22 in schools eligible and ineligible to receive funds

23 under this chapter, such funds may be used to

24 pay for that portion of the program’s cost that

25 can be apportioned to participants employed in
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1 schools that receive funds under this chapter,

2 provided however that the programs are de3 signed with an ultimate objective of enabling

4 students who attend participating schools to

5 achieve at the high levels required under this

6 chapter.

7 ‘‘(6) GUIDELINES FOR EFFECTIVE STAFF DE8 VELOPMENT AND SCHOOL IMPROVEMENT.—

9 ‘‘(A) The Secretary of Education, not later

10 than September 1, 1996, shall publish guide11 lines for programs and activities funded under

12 this section, which shall include—

13 ‘‘(i) characteristics of effective staff

14 development programs for the education of

15 economically deprived children;

16 ‘‘(ii) characteristics of effective ap17 proaches to schoolwide improvements;

18 ‘‘(iii) characteristics of effective par19 ent education and involvement programs;

20 and

21 ‘‘(iv) examples of programs that have

22 been demonstrated to be effective in

23 achieving the purposes of this Chapter.

24 ‘‘(B) In specifying the characteristics of ef25 fective staff development and school improve-
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1 ment in guidelines adopted pursuant to sub2 paragraph (A), the Secretary shall take into ac3 count factors including—

4 ‘‘(i) whether the program provides

5 sufficient time (including release time for

6 teachers) and personnel for both training

7 and follow-up activities, including feedback

8 to, and supervision of participants who

9 have completed the training, and ongoing

10 time for instructional planning;

11 ‘‘(ii) whether staff development activi12 ties are part of an overall school improve13 ment plan; and

14 ‘‘(iii) whether participants are assured

15 sufficient resources (books, other material,

16 supplies, equipment, and bilingual aides

17 and support staff) to use the training ef18 fectively in the classroom.

19 ‘‘(C) The guidelines shall be disseminated

20 widely to State educational agencies, to local

21 educational agencies, and to parent and teacher

22 associations.

23 ‘‘(7) OTHER MEASURES TO IMPROVE TEACH24 ING.—
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1 ‘‘(A) State and local educational agencies

2 shall take steps to ensure that teachers in par3 ticipating schools receive, from funding sources

4 other than this chapter, at least a proportionate

5 share of staff development and other programs

6 designed to update their skills and knowledge.

7 ‘‘(B) State and local educational agencies

8 are encouraged to establish other programs for

9 teachers and paraprofessionals in participating

10 schools to update and enhance their skills and

11 knowledge. Such programs may include tuition

12 reimbursement programs, internships, partici13 pation in conferences and professional organiza14 tions, career ladders and other incentives de15 signed to assist teacher aides in becoming fully

16 certified teachers, especially programs designed

17 to increase the number of certified bilingual

18 teachers. Local educational agencies shall re19 quire participating staff to make a contractual

20 commitment to remain at their school for a pe21 riod of time as a condition for receiving such

22 training or other benefits under this subsection.

23 ‘‘SEC. 1013. ELIGIBLE SCHOOLS.

24 ‘‘(a) GENERAL PROVISIONS.—
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1 ‘‘(1) Subject to subsection (b) a local edu2 cational agency shall use funds received under this

3 chapter in school attendance areas having high con4 centrations of children from low-income families (re5 ferred to in this section as ‘‘eligible school attend6 ance areas’’) in which it determines that high-quality

7 programs can be designed and conducted in a man8 ner reasonably calculated to ensure that all children

9 in attendance at such schools will achieve the stand10 ards required by section 1012. Where funds under

11 this chapter are insufficient to provide high quality

12 programs and projects, a local educational agency

13 shall annually rank its eligible school attendance

14 areas in which the continuation of children from low15 income families exceeds 75 percent from highest to

16 lowest within each grade span grouping or for the

17 entire local educational agency, according to the per18 centage of children from low-income families. A local

19 educational agency may carry out a program or

20 project assisted under this chapter in an eligible

21 school attendance area only if it also carries out

22 such program or project in all other eligible school

23 attendance areas which are ranked higher under the

24 first sentence of this paragraph.
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1 ‘‘(2) The same measure of low income, which

2 shall be selected by the local educational agency on

3 the basis of the best and most current available

4 data, which may be a composite of several indicators

5 including census data, augmented by free or reduced

6 lunch program participation data and any local esti7 mates collected by or available to local educational

8 agencies, shall be used with respect to all school at9 tendance areas within a grade span grouping or for

10 the entire local educational agency, both to identify

11 the areas having high concentrations of children

12 from low-income families and to determine the rank13 ing of each area. Notwithstanding other provisions

14 of this chapter, data from aid to families with de15 pendent children shall not be employed as a measure

16 of low income.

17 ‘‘(3) The requirements of this subsection shall

18 not apply in the case of a local educational agency

19 with a total enrollment of less than 1,000 children,

20 but this paragraph does not relieve such an agency

21 from the responsibility to serve eligible children ac22 cording to the provisions of section 1014.

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

24 Notwithstanding subsection (a)(1) of this section, a local
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1 educational agency shall have discretion to identify and

2 rank eligible attendance areas as follows:

3 ‘‘(1) DESIGNATION OF SCHOOL ATTENDANCE

4 AREA.—A local educational agency may designate

5 any school attendance area in which at least 50 per6 cent of the children are from low-income families as

7 an eligible school attendance area if the aggregate

8 amount expended under this chapter and under a

9 State program meeting the comparability require10 ments of section 1018(d)(1)(B) in that fiscal year in

11 each school attendance area of that agency eligible

12 under subsection (a) in which projects assisted

13 under this chapter were carried out in the preceding

14 fiscal year equals or exceeds the amount expended

15 from those sources in that area in such preceding

16 fiscal year.

17 ‘‘(2) INELIGIBLE SCHOOL ATTENDANCE

18 AREA.—Funds received under this part may be used

19 for economically deprived children who are in a

20 school which is not located in an eligible school at21 tendance area when the percentage of students from

22 low-income families enrolled in a school is substan23 tially equal to, or greater than, the proportion of

24 students from low-income families in an eligible
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1 school attendance area of the local educational agen2 cy.

3 ‘‘(3) MINIMUM REQUIREMENT.—Notwithstand4 ing the ineligibility of the schools under paragraphs

5 (1) and (2), a public school is eligible if it is partici6 pating in a desegregation plan and the number of

7 low-income children enrolled in the school is at least

8 100 or represents at least ten percent of the total

9 school enrollment.

10 ‘‘(4) SUBSEQUENT DESIGNATION.—If an eligi11 ble school attendance area or eligible school was so

12 designated and served in accordance with subsection

13 (a) in the immediately preceding fiscal year, it may

14 continue to be so designated for the subsequent fis15 cal year even though it does not qualify as eligible

16 under such subsection in such additional year.

17 ‘‘(5) HIGHER NUMBER OR PROPORTION OF

18 LOW-INCOME FAMILIES.—With the approval of the

19 State educational agency, eligible school attendance

20 areas or eligible schools which have higher propor21 tions or numbers of children from low-income fami22 lies may be skipped if they are receiving, from

23 non-Federal funds, services of the same nature and

24 scope as would otherwise be provided under this

25 part, except that—
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1 ‘‘(A) the number of children attending pri2 vate elementary and secondary schools who re3 ceive services under this part shall be deter4 mined without regard to non-Federal compen5 satory education funds which serve eligible chil6 dren in public elementary and secondary

7 schools, and

8 ‘‘(B) children attending private elementary

9 and secondary schools who receive assistance

10 under this part shall be identified in accordance

11 with this section and without regard to skipping

12 public school attendance areas or schools under

13 this paragraph.

14 ‘‘(c) ALLOCATIONS.—A local educational agency shall

15 allocate funds equally to school attendance areas or eligi16 ble schools under this chapter on the basis of the number

17 of children from low-income families enrolled.

18 ‘‘SEC. 1014. ELIGIBLE CHILDREN.

19 ‘‘(a) GENERAL PROVISIONS.—The eligible population

20 for services under this part are—

21 ‘‘(1) children up to age 21 who are entitled to

22 a free public education through grade 12, and

23 ‘‘(2) children who are not yet at a grade level

24 where the local educational agency provides a free

25 public education, yet are of an age at which they can
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1 benefit from an organized instructional program pro2 vided in a school or other educational setting.

3 ‘‘(b) LIMITED-ENGLISH PROFICIENT CHILDREN.—

4 Limited-English proficient children shall be eligible for

5 participation to the same extent as other participating

6 children.

7 ‘‘(c) SPECIAL RULE.—Nothing in this chapter shall

8 be construed to prohibit the participation of any child in

9 a program or activity funded in whole or in part under

10 this chapter on grounds that the child has not been identi11 fied as educationally deprived.

12 ‘‘SEC. 1015. PARENTAL INVOLVEMENT.

13 ‘‘(a) GENERAL REQUIREMENTS.—Each school that

14 receives funds under this chapter shall implement pro15 grams, activities, and procedures for the involvement of

16 parents and other responsible family members, which shall

17 be planned and implemented together with parents of chil18 dren enrolled at the school and shall be of sufficient size,

19 scope, and quality to give reasonable promise of achieving

20 goals that include—

21 ‘‘(1) the empowerment of parents and other re22 sponsible family members to contribute to the at23 tainment by their children of the high-level skills and

24 knowledge called for under this chapter;
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1 ‘‘(2) the provision for parents with the means

2 by which to understand the standards and the other

3 requirements of this chapter, and to hold schools ac4 countable for implementing and achieving the chap5 ter’s purposes;

6 ‘‘(3) the achievement of full and effective par7 ticipation of parents, and, in the case of secondary

8 schools, students, in district and school-based plan9 ning, design, and implementation of programs and

10 activities required under this chapter to ensure that

11 as large a sector of the school community as possible

12 is working to effectively promote the outcomes re13 quired by this chapter;

14 ‘‘(4) the inclusion of parents, and, in the case

15 of secondary schools, students, in the school-based

16 process required under this chapter, including—

17 ‘‘(A) consideration and development of

18 local standards pursuant to section 1012(a)(3);

19 and

20 ‘‘(B) the development of school achieve21 ment plans pursuant to section 1012(c)(2);

22 ‘‘(5) the identification of parents and other

23 family members of participating children who could

24 benefit from programs to improve literacy, English

25 language, and other basic skills to more effectively
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1 work with their children in the home to attain the

2 instructional objectives of programs, and to better

3 understand the program standards and requirements

4 under this chapter; and

5 ‘‘(6) the training of teachers and other staff in6 volved in programs under this chapter to work effec7 tively with the parents of participating students and

8 build a partnership between home and school.

9 ‘‘(b) MECHANISMS FOR PARENT INVOLVEMENT.—

10 ‘‘(1) Each participating school shall establish a

11 parental involvement program that has the following

12 components:

13 ‘‘(A) Effective notice shall be provided to

14 all parents of a school’s participation in the

15 program, and of a meeting that will be held at

16 the beginning of the school year to inform such

17 parents of the requirements of this chapter, and

18 of the programs and activities provided with

19 funds under this chapter, and to determine the

20 process for jointly developing a written plan for

21 parent involvement. The initial notice, times,

22 places, and substance of the meeting shall be

23 planned with parents to maximize parent par24 ticipation, with particular focus on reaching and

25 involving all sectors of the parent body, includ-
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1 ing those with limited-literacy or limited-Eng2 lish proficiency.

3 ‘‘(B) Parents in each participating school

4 shall determine how to organize to consult with

5 the school officials, communicate among them6 selves, and to develop other opportunities for in7 volvement in education. Parents shall have the

8 discretion to determine the role, if any, of other

9 individuals in the organization. The duly con10 stituted parent organizations, their elected offi11 cers, and their elected representatives shall be

12 consulted in the development implementation of

13 the program.

14 ‘‘(C) School officials and the organization

15 of parents shall then jointly develop, with final

16 approval by each, a written parent involvement

17 plan. The plan shall be designed to achieve the

18 full involvement of parents in the design, oper19 ation, and evaluation of programs, and in the

20 education of their children, and shall provide

21 the resources and support needed for parent in22 volvement activities. All parents, and in the

23 case of secondary schools, all students, shall be

24 given an effective opportunity to participate in

25 the formation of the plan. The final version of
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1 the plan shall be provided to all the parents and

2 incorporated into the school achievement plan

3 required by section 1012(c)(2). The parent in4 volvement plans shall state in a detailed and

5 comprehensible manner, at a minimum, the spe6 cific means for carrying out each requirement

7 contained in subsection (c).

8 ‘‘(D) An annual evaluation of parent in9 volvement shall be conducted, with full parent

10 participation, that assesses the effectiveness of

11 parent involvement, and identifies any barriers

12 to greater participation, and any steps needed

13 to expand participation and, if necessary, to re14 vise the policy. As part of this evaluation, the

15 school officials and parents shall identify and

16 take steps to remove barriers resulting in lower

17 rates of participation in the parent organization

18 and in all phases of the parent involvement pro19 gram by parents who are low-income, have lim20 ited literacy, or have limited-English pro21 ficiency, or parents from any racial, ethnic or

22 linguistic background.

23 ‘‘(E) If secondary schools are included in

24 the local program, students shall be involved in

25 developing, through similar mechanisms, a pol-
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1 icy for full involvement of students in the de2 sign and implementation of the program.

3 ‘‘(F) Each school shall ensure that parents

4 of limited-English proficient children are af5 forded the same access to parent involvement

6 opportunities as the access limited-English pro7 ficient children are afforded to the programs

8 funded under this chapter. The schools are au9 thorized to hire parent involvement facilitators

10 who are fluent in the non-English languages

11 represented among the children served at the

12 schools receiving funds under this chapter. The

13 school shall make every effort feasible to pro14 vide all information to parents with limited15 English proficiency in a language and form the

16 parents understand.

17 ‘‘(2) Each local educational agency that receives

18 funds under this chapter—

19 ‘‘(A) shall ensure participating schools’

20 compliance with this section;

21 ‘‘(B) shall provide the coordination, tech22 nical assistance, and other support necessary to

23 assist participating schools in planning and im24 plementing effective parent involvement;
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1 ‘‘(C) shall establish a local parent resource

2 center, to assist parents to participate in the

3 parent involvement activities, except that local

4 educational agencies whose allocation is less

5 than the median allocation to all local edu6 cational agencies under this chapter may estab7 lish a center as a consortium with other local

8 educational agencies, provided that such center

9 is accessible to the parents of each agency; and

10 ‘‘(D) shall reserve not less than 1 percent

11 of its allocation for carrying out the require12 ments of this section.

13 ‘‘(c) PARENT INVOLVEMENT PROGRAMS AND ACTIVI14 TIES.—Each participating school and parents, and each

15 local educational agency and parents, together shall, in ac16 cordance with subsection (b)(1)(C), decide how to achieve

17 the goals contained in subsection (a), including—

18 ‘‘(1) a comprehensive range of effective oppor19 tunities for parents to be involved, in an organized

20 and timely way, in all aspects of program planning,

21 design, implementation, and evaluation, including

22 the joint development and final approval of the

23 school achievement plan, including the uses of funds

24 under this chapter;
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1 ‘‘(2) timely response to the concerns and rec2 ommendations of parents;

3 ‘‘(3) effective involvement of parents in the edu4 cation of their own children through family language

5 development programs, through support for the ef6 forts of parents to work with their children at home

7 to attain the instructional objectives of this chapter,

8 and through opportunities for parent participation in

9 school, including—

10 ‘‘(A) training of parents in areas including

11 helping their children learn more effectively,

12 working with educators, monitoring student

13 progress, and understanding and evaluating the

14 program, its requirements, and the curriculum;

15 and

16 ‘‘(B) the development and dissemination of

17 materials and other assistance to implement

18 home-based education activities that reinforce

19 classroom instruction and student motivation;

20 ‘‘(4) the timely provision, in a manner and form

21 understandable to parents, of information needed for

22 full and effective involvement under paragraphs (1)

23 and (2) which, at a minimum, include—

24 ‘‘(A) annual meetings and other regular

25 meetings at the school level throughout the
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1 year, during which all parents of participating

2 children must be informed about the standards,

3 health and social services, assessment and en4 forcement provisions as required by this chap5 ter, the specific uses of funds, the specific in6 structional objectives and methods that will be

7 used in the schools, opportunities for involve8 ment both at home and school, and their rights

9 of involvement and access under this chapter as

10 parents of children in participating schools;

11 ‘‘(B) reasonable access to observe class12 rooms;

13 ‘‘(C) reasonable access to program docu14 ments including the school achievement plan, all

15 other local educational agency and school plans

16 and applications required by this chapter, infor17 mation on assessments, state and local stand18 ards, and enforcement, budget information,

19 evaluation data, and local State and Federal

20 laws, regulations, and guidelines, all of which

21 shall be publicized and readily available, upon

22 request; and

23 ‘‘(D) provision to each parent of a state24 ment explaining the rights of the parent’s child

25 to educational programs and assistance which
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1 conform to the requirements of section 1012.

2 The statement shall be translated, to the extent

3 feasible, into any language that a significant

4 percentage of the parents of participating chil5 dren speak as their primary language;

6 ‘‘(5) frequent reports to parents on their chil7 dren’s progress as required by section 1012 (b), and

8 at least one parent-teacher conference per year to

9 discuss the child’s progress, program, and place10 ment, and what parents and the school can do to

11 further academic achievement;

12 ‘‘(6) ongoing training of parents in areas, in13 cluding understanding the standards and the re14 quirements of this chapter, helping children learn

15 more effectively, working with educators, forming or16 ganizations and running meetings, monitoring stu17 dent progress, and understanding and evaluating the

18 program and its curriculum;

19 ‘‘(7) Such reasonable support as parents, in as20 sessing their own needs, determine necessary and re21 quest for activities they undertake on their own ini22 tiative, such as newsletters, duplication of materials,

23 parent meetings (and incidental costs of attending

24 them), educational and training events, orientations,

25 the development and operation of parent resource
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1 centers, and for educational events in which parents

2 would like to participate;

3 ‘‘(8) a separate budget for parent involvement

4 adequate to carry out school policy;

5 ‘‘(9) training for teachers, principals, and other

6 staff in the value and utility of contributions of par7 ents, in how to communicate and work with parents

8 as equal partners, how to implement and coordinate

9 parent programs, and how to build ties between

10 home and school; and

11 ‘‘(10) appropriate roles for community-based

12 organizations in parent involvement activities, in13 cluding sufficient information to such organizations

14 about the programs and opportunities for them to

15 work with parents and schools, including providing

16 technical assistance and training to parents to im17 plement the goals of this section.

18 ‘‘SEC. 1016. PARTICIPATION OF CHILDREN ENROLLED IN

19 PRIVATE SCHOOLS.

20 ‘‘(a) GENERAL REQUIREMENTS.—To the extent con21 sistent with the number of economically deprived children

22 in the school district of the local educational agency who

23 are enrolled in private elementary and secondary schools,

24 such agency shall, after timely and meaningful consulta25 tion with appropriate private school officials, make provi-
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1 sions for including special educational services and ar2 rangements (such as dual enrollment, educational radio

3 and television, computer equipment and materials, other

4 technology, and mobile educational services and equip5 ment) in which such children can participate. The edu6 cational services or other benefits, including materials and

7 equipment, must be secular and nonidealogical. Expendi8 tures for educational services and arrangements pursuant

9 to this section for economically deprived children in pri10 vate schools shall be equitable in comparison (taking into

11 account the number of children to be served and the spe12 cial educational needs of such children) to services and

13 expenditures for children enrolled in the public schools of

14 the local educational agency.

15 ‘‘(b) BYPASS PROVISION.—

16 ‘‘(1) If a local educational agency is prohibited

17 by law from providing for the participation in special

18 programs for economically deprived children enrolled

19 in private elementary and secondary schools as re20 quired by subsection (a), the Secretary shall waive

21 such requirements, and shall arrange for the provi22 sion of services to such children through arrange23 ments which shall be subject to the requirements of

24 subsection (a).
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1 ‘‘(2) If the Secretary determines that a local

2 educational agency has substantially failed to pro3 vide for the participation on an equitable basis of

4 economically deprived children enrolled in private el5 ementary and secondary schools as required by sub6 section (a), the Secretary shall arrange for the provi7 sion of services to such children through arrange8 ments which shall be subject to the requirements of

9 subsection (a), upon which determination the provi10 sions of subsection (a) shall be waived.

11 ‘‘(3) When the Secretary arranges for services

12 pursuant to this subsection, the Secretary shall,

13 after consultation with the appropriate public and

14 private school officials, pay to the provider the cost

15 of such services, including the administrative cost of

16 arranging for such services, from the appropriate al17 location or allocations under this chapter.

18 ‘‘(c) PRIOR DETERMINATION.—Any bypass deter19 mination by the Secretary under title I of the Elementary

20 and Secondary Education Act of 1965, as in effect prior

21 to July 1, 1993, or Chapter 1 of the Education Consolida22 tion and Improvement Act of 1981 shall remain in effect

23 to the extent consistent with the purposes of this chapter.

24 ‘‘(d) CAPITAL EXPENSES.—
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1 ‘‘(1) A local educational agency may apply to

2 the State educational agency for payments for cap3 ital expenses consistent with the provisions of this

4 subsection. State educational agencies shall distrib5 ute funds to local educational agencies based on the

6 degree of need as set forth in the application. Such

7 an application shall contain information on such

8 capital expenses by fiscal year and shall contain an

9 assurance that any funds received pursuant to this

10 subsection shall be used solely for purposes of the

11 program authorized by this chapter.

12 ‘‘(2)(A) From the amount appropriated for the

13 purposes of this subsection for any fiscal year, the

14 amount which each State shall be eligible to receive

15 shall be an amount which bears the same ratio to

16 the amount appropriated as the number of children

17 enrolled in private schools who were served under

18 chapter 1 of the Education Consolidation and Im19 provement Act of 1981 in the State during the pe20 riod July 1, 1984 through June 30, 1985, bears to

21 the total number of such children served during such

22 period in all States.

23 ‘‘(B) Amounts which are not used by a State

24 for the purposes of this subsection shall be reallo-
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1 cated by the Secretary among other States on the

2 basis of need.

3 ‘‘(3) There is authorized to be appropriated

4 $100,000,000 for fiscal year 1995, $150,000,000 for

5 the fiscal year 1996, and such sums as may be nec6 essary for each of the fiscal years 1997, 1998, 1999,

7 through fiscal year 2004. Any sums appropriated

8 under this provision shall be used for increases in

9 capital expenses paid from funds under chapter 1 of

10 the Education Consolidation and Improvement Act

11 or this section subsequent to July 1, 1985, of local

12 educational agencies in providing the instructional

13 services required under section 557 of the Education

14 Consolidation and Improvement Act and this section,

15 when without such funds, services to private school16 children would have been or have been reduced or

17 would be reduced or adversely affected.

18 ‘‘(4) For the purposes of this subsection, the

19 term ‘capital expenses’ is limited to expenditures for

20 noninstructional goods and services such as the pur21 chase, lease and renovation of real and personal

22 property (including but not limited to mobile edu23 cational units and leasing of neutral sites or space),

24 insurance and maintenance costs, transportation,

25 and other comparable goods and services.
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1 ‘‘SEC. 1017. FISCAL REQUIREMENTS.

2 ‘‘(a) MAINTENANCE OF EFFORT.—

3 ‘‘(1) Except as provided in paragraph (2), a

4 local educational agency may receive funds under

5 this chapter for any fiscal year only if the State edu6 cational agency finds that either the combined fiscal

7 effort per student or the aggregate expenditures of

8 that agency and the State with respect to the provi9 sion of free public education by that agency for the

10 preceding fiscal year was not less than 90 percent of

11 such combined fiscal effort or aggregate expendi12 tures for the second preceding fiscal year.

13 ‘‘(2) The State educational agency shall reduce

14 the amount of the allocation of funds under this

15 chapter in any fiscal year in the exact proportion to

16 which a local educational agency fails to meet the re17 quirement of paragraph (1) by falling below 90 per18 cent of both the combined fiscal effort per student

19 and aggregate expenditures (using the measure most

20 favorable to such local agency), and no such lesser

21 amount shall be used for computing the effort re22 quired under paragraph (1) for subsequent years.

23 ‘‘(3) Each State educational agency may waive,

24 for 1 fiscal year only, the requirements of this sub25 section if the State educational agency determines

26 that such a waiver would be equitable due to excep-
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1 tional or uncontrolled circumstances such as a natu2 ral disaster or a precipitous and unforeseen decline

3 in the financial resources of the local educational

4 agency.

5 ‘‘(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUP6 PLANT REGULAR NON-FEDERAL FUNDS.—A State edu7 cational agency or other State agency in operating its

8 State level programs or a local educational agency may

9 use funds received under this chapter only so as to supple10 ment and, to the extent practicable, increase the level of

11 funds that would, in the absence of such Federal funds,

12 be made available from non-Federal sources for the edu13 cation of pupils participating in programs and projects as14 sisted under this chapter and in no case may such funds

15 be so used as to supplant such funds from such non-Fed16 eral sources. In order to demonstrate compliance with this

17 subsection, no State educational agency, other State agen18 cy, or local educational agency shall be required to provide

19 services under this chapter through use of a particular in20 structional method or in a particular instructional setting.

21 ‘‘(c) COMPARABILITY OF SERVICES.—

22 ‘‘(1) A local educational agency may receive

23 funds under this chapter only if State and local

24 funds will be used in the district of such agency to

25 provide essential educational services in project
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1 areas which, taken as a whole, are at least com2 parable to essential educational services being

3 provided in areas in such district which are not re4 ceiving funds under this chapter. Where all school

5 attendance areas in the district of the agency are

6 designated as project areas, the agency may receive

7 such funds only if State and local funds are used to

8 provide essential educational services which, taken as

9 a whole, are substantially comparable in each project

10 area.

11 ‘‘(2) A State educational agency may receive

12 funds under this chapter only if State and local

13 funds will be used in the district of each local edu14 cational agency to provide essential educational serv15 ices which, taken as a whole, are at least comparable

16 to essential educational services being provided in

17 districts which are not receiving funds under this

18 chapter. In cases in which all districts in the State

19 receive funds under this chapter, the State may re20 ceive funds only if State and local funds are used to

21 provide essential educational services which, taken as

22 a whole, are substantially comparable in each dis23 trict.

24 ‘‘(3) ASSURANCES.—
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1 ‘‘(A) A local educational agency shall be

2 considered to have met the requirements of

3 paragraph (1) if it has filed with the State edu4 cational agency a written assurance that it has

5 established and implemented a policy to ensure

6 the delivery of comparable essential educational

7 services to all participating children based on

8 comparable needs.

9 ‘‘(B) A State educational agency shall be

10 considered to have met the requirements of

11 paragraph (2) if it has filed with the Secretary

12 a written assurance that it has established and

13 implemented a policy to ensure the delivery of

14 comparable essential educational services to all

15 participating children based on comparable

16 needs.

17 ‘‘(C) Unpredictable changes in student en18 rollment or personnel assignments which occur

19 after the beginning of a school year shall not be

20 included as a factor in determining comparabil21 ity of services.

22 ‘‘(4) Each educational agency shall develop pro23 cedures for compliance with the provisions of this

24 subsection, and shall annually maintain records doc25 umenting compliance. Each State educational agency
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1 shall monitor the compliance of local educational

2 agencies within the State with respect to the require3 ments of this subsection.

4 ‘‘(5) Each local educational agency with not

5 more than one building for each grade span shall not

6 be subject to the provisions of this subsection.

7 ‘‘(6) Each State and local educational agency

8 which is found to be out of compliance with this sub9 section shall be ineligible for funds under this chap10 ter.

11 ‘‘(d) EXCLUSION OF SPECIAL STATE AND LOCAL

12 PROGRAM FUNDS.—

13 ‘‘(1)(A) For the purposes of determining com14 pliance with the requirements of subsections (b) and

15 (c), State and local educational agencies or a State

16 agency operating a program under part D of this

17 chapter may exclude State and local funds expended

18 for carrying out special programs to meet the edu19 cational needs of economically deprived children

20 after prior determination pursuant to paragraphs

21 (3) and (4) of this subsection that such programs

22 meet the requirements of subparagraph (B).

23 ‘‘(B) A State or local program meets the re24 quirements of this subparagraph if it is similar to

25 programs assisted under this part. The Secretary
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1 shall consider a State or local program to be similar

2 to programs assisted under this part if—

3 ‘‘(i) all children participating in the pro4 gram are economically deprived,

5 ‘‘(ii) the program is based on similar per6 formance objectives related to educational

7 achievement and is evaluated in a manner con8 sistent with those performance objectives,

9 ‘‘(iii) the program provides supplementary

10 services designed to meet the special edu11 cational needs of the children who are partici12 pating,

13 ‘‘(iv) the local educational agency keeps

14 such records and affords such access thereto as

15 are necessary to assure the correctness and ver16 ification of the requirements of this subpara17 graph, and

18 ‘‘(v) the State educational agency monitors

19 performance under the program to assure that

20 the requirements of this subparagraph are met.

21 ‘‘(2)(A) For the purpose of determining compli22 ance with the requirements of subsection (c), a local

23 educational agency may exclude State and local

24 funds expended for—
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1 ‘‘(i) bilingual education for children of lim2 ited English proficiency,

3 ‘‘(ii) special education for children with

4 disabilities, and

5 ‘‘(iii) certain State phase-in programs as

6 described in subparagraph (B).

7 ‘‘(B) A State education program which is being

8 phased into full operation meets the requirements of

9 this subparagraph if the Secretary is satisfied that—

10 ‘‘(i) the program is authorized and gov11 erned specifically by the provisions of State law;

12 ‘‘(ii) the purpose of the program is to pro13 vide for the comprehensive and systematic re14 structuring of the total educational environment

15 at the level of the individual school;

16 ‘‘(iii) the program is based on objectives,

17 including but not limited to, performance objec18 tives related to educational achievement and is

19 evaluated in a manner consistent with those ob20 jectives;

21 ‘‘(iv) parents and school staff are involved

22 in comprehensive planning, implementation, and

23 evaluation of the program;
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1 ‘‘(v) the program will benefit all children in

2 a particular school or grade-span within a

3 school;

4 ‘‘(vi) schools participating in a program

5 describe, in a school level plan, program strate6 gies for meeting the special educational needs

7 of economically deprived children;

8 ‘‘(vii) at all times during such phase-in pe9 riod at least 50 percent of the schools partici10 pating in the program are the schools serving

11 project areas which have the greatest number

12 or concentrations of economically deprived chil13 dren;

14 ‘‘(viii) State funds made available for the

15 phase-in program will supplement, and not sup16 plant, State and local funds which would, in the

17 absence of the phase-in program, have been

18 provided for schools participating in such pro19 gram;

20 ‘‘(ix) the local educational agency is sepa21 rately accountable, for purposes of compliance

22 with the clauses of this subparagraph, to the

23 State educational agency for any funds ex24 pended for such program; and
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1 ‘‘(x) the local educational agencies carrying

2 out the program are complying with the clauses

3 of this subparagraph and the State educational

4 agency is complying with applicable provisions

5 of this paragraph.

6 ‘‘(3) The Secretary shall make an advance de7 termination of whether or not a State program

8 meets the requirements of this subsection. The Sec9 retary shall require each State educational agency to

10 submit the provisions of State law together with im11 plementing rules, regulations, orders, guidelines, and

12 interpretations which are necessary for an advance

13 determination. The Secretary’s determination shall

14 be in writing and shall include the reasons for the

15 determination. Whenever there is any material

16 change in pertinent State law affecting the program,

17 the State educational agency shall submit such

18 changes to the Secretary.

19 ‘‘(4) The State educational agency shall make

20 an advance determination of whether or not a local

21 program meets the requirements of this subsection.

22 The State educational agency shall require each local

23 educational agency to submit the provisions of local

24 law, together with implementing rules, regulations,

25 guidelines, and interpretations which are necessary
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1 to make such an advance determination. The State

2 educational agency’s determination shall be in

3 writing and shall include the reasons for the deter4 mination. Whenever there is any material change in

5 pertinent local law affecting the program, the local

6 educational agency shall submit such changes to the

7 State educational agency.

8 ‘‘SEC. 1018. HEALTH AND SOCIAL SERVICES.

9 ‘‘(a) PURPOSES.—The obligations imposed on States,

10 State educational agencies and local educational agencies

11 under this section are for the purposes of assuring that

12 to the extent practicable, all school-aged children who are

13 eligible to participate in programs under this chapter enter

14 school ready and able to learn and have access to health

15 and social services sufficient to enable them to attend

16 school on a regular basis and to achieve the high-level

17 standards required under section 1012.

18 ‘‘(b) STATE PLAN TO ELIMINATE BARRIERS TO

19 LEARNING.—By January 1, 1996, and every two years

20 thereafter, each governor in consultation with the State

21 educational agency and other appropriate State agencies,

22 shall develop and submit to the Secretary a plan which

23 shall be coordinated with any existing State plan that

24 identifies, on a local educational agency and statewide

25 basis—
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1 ‘‘(1) barriers to learning experienced by eco2 nomically deprived children that stem from factors

3 external to the public school system, (including poor

4 health, poor nutrition, inadequate housing, and lack

5 of appropriate preschool and before- and after-school

6 supervision), that could be ameliorated by the provi7 sion of appropriate services by the local educational

8 agency or by referral of the children and their fami9 lies to service providers other than the local edu10 cational agency;

11 ‘‘(2) the health, social services, and early edu12 cational programs necessary to ensure the attain13 ment of the readiness, attendance, and achievement

14 objectives described in subsection (a);

15 ‘‘(3) how programs funded from a variety of

16 sources, including other Federal sources, are or will

17 be coordinated in a systematic way, on a statewide

18 basis, to ensure maximum effectiveness in the deliv19 ery of services to children and families with the ob20 jective of eliminating barriers to learning described

21 in subsection (b)(1);

22 ‘‘(4) on a local educational agency basis, the ex23 tent to which such services are unavailable, inacces24 sible, or underutilized by the economically deprived

25 student population and their families, including bar-
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1 riers to obtaining services faced by single or working

2 parent families and by families with limited literacy

3 or limited-English proficiency;

4 ‘‘(5) measures that will be taken by the State

5 educational agency and by other State agencies to

6 increase access to and availability of the services

7 identified in subsection (b)(2), including—

8 ‘‘(A) integration of services, so that one

9 agency may provide or coordinate a variety of

10 services for which a family may be eligible;

11 ‘‘(B) colocation of health and social serv12 ices at school sites that receive funds under this

13 chapter to ensure, inter alia, that Medicaid-eli14 gible children receive early and periodic screen15 ing, diagnosis and treatment services;

16 ‘‘(C) establishment of multiservice centers

17 for low-income families at or near school sites;

18 ‘‘(D) adjustments to service eligibility re19 quirements and other regulatory or statutory

20 changes to facilitate access to services; and

21 ‘‘(E) expansion of existing State or local

22 programs or the creation and funding of new

23 programs designed to meet the objectives of

24 subsection (a).
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1 ‘‘(6) In developing the plan required pursuant

2 to subsection (b), the Governor shall consult with

3 and involve—

4 ‘‘(A) the State educational agency;

5 ‘‘(B) State and local government agencies

6 charged with providing health and social serv7 ices to children and families;

8 ‘‘(C) participating local educational agen9 cies;

10 ‘‘(D) private and nonprofit entities en11 gaged in child advocacy, resource, and referral

12 and entities that provide direct services to chil13 dren and families, including Head Start and

14 other programs or facilities providing early

15 childhood services; and

16 ‘‘(E) parent and teacher representatives.

17 ‘‘(7) Copies of the plan shall be furnished to the

18 State educational agency, to each local educational

19 agency and to all public agencies that provide

20 health, welfare and social services to children and

21 their families. The plan shall specifically identify the

22 barriers that are within the jurisdiction of such

23 agencies. Copies shall also be provided to statewide

24 parent and teacher organizations.
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1 ‘‘(8) By January 1, 1997, each State shall

2 begin implementation of the measures specified in

3 subsection (b)(5). The State educational agency

4 shall report by January 1, 1999, and every two

5 years thereafter to the Secretary on progress in

6 eliminating the barriers identified in subsection

7 (b)(1) and on providing the services called for by

8 subsection (b)(2). Copies of the annual reports shall

9 be furnished to the Governor, to State health and

10 social service agencies, to all local educational agen11 cies, and to statewide parent and teacher organiza12 tions.

13 ‘‘(c) LOCAL EDUCATIONAL AGENCIES REPORT.—By

14 June 1, 1996, each participating local educational agency

15 shall identify and report to the State educational agency—

16 ‘‘(1) barriers to learning experienced by eco17 nomically deprived children which stem from fac18 tors—

19 ‘‘(A) external to the public school system,

20 (including poor health, poor nutrition, inad21 equate housing, and lack of appropriate pre22 school and before- and after-school supervision);

23 and

24 ‘‘(B) internal to the public school system

25 (including poor or inadequate facilities, insuffi-
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1 cient staff and other resources, and lack of par2 ticipation in Federally subsidized school nutri3 tion programs) that could be ameliorated by the

4 provision of appropriate services by the local

5 educational agency or by referral of the children

6 and their families to service providers other

7 than the local educational agency;

8 ‘‘(2) the extent to which the health, social serv9 ice, and early educational inputs necessary to ensure

10 the attainment of the readiness, attendance, and

11 achievement objectives described in subsection (a)

12 are unavailable, inaccessible, or underutilized by the

13 economically deprived student population and their

14 families;

15 ‘‘(3) the extent to which locally-based collabo16 rative efforts among education, health, and social

17 service providers might facilitate increased access

18 and effective delivery of the services;

19 ‘‘(4) the extent to which additional resources

20 are needed by the local educational agency to accom21 plish the purposes of this section;

22 ‘‘(5) the measures that will be undertaken lo23 cally to ameliorate or eliminate the barriers de24 scribed in paragraphs (1) and (2), and to comply

25 with subsection (d); and
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1 ‘‘(6) in preparing its report pursuant to sub2 section (c), each local educational agency shall con3 sult with county and municipal health and social

4 service providers, housing officials, Head Start and

5 other early childhood providers, and organizations

6 representing parents and teachers.

7 ‘‘(d) DUTY OF LOCAL EDUCATIONAL AGENCIES.—

8 ‘‘(1) Each local educational agency shall ensure

9 that all participating children attending schools re10 ceiving funds under this chapter are—

11 ‘‘(A) fully immunized upon entry to school;

12 ‘‘(B) screened for nutritional and devel13 opmental deficiencies, for hearing and vision

14 problems that may impair learning, for alcohol

15 or substance abuse, and for any other health or

16 environmental conditions that in the judgment

17 of the local educational agency, are likely to im18 pair learning; and

19 ‘‘(C) referred by school or local educational

20 agency staff to appropriate service providers in

21 the community, and that designated staff follow

22 up to determine whether the services were re23 ceived by the children referred.

24 ‘‘(2) Each participating local educational agen25 cy shall cooperate with State efforts to comply with
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1 subsection (b) and shall participate, as required or

2 encouraged by the State educational agency, in the

3 State plan to eliminate barriers to learning described

4 in subsection (b)(1).

5 ‘‘(e) USE OF FUNDS.—Local educational agencies

6 may use funds under this chapter to pay professional and

7 other staff salaries, and other reasonable expenses, in8 curred in carrying out the purposes of this section, includ9 ing integration and coordination of services with other

10 local, State, or Federal providers.

11 ‘‘SEC. 1019. ASSESSMENT.

12 ‘‘(a) PURPOSES OF ASSESSMENT.—Each of the three

13 types of assessments conducted under this section of stu14 dents, schools, local educational agencies, State education

15 agencies and of the program under this chapter has a sep16 arate purpose—

17 ‘‘(1) as set forth in subsection (b), to provide

18 information and guidance to teachers, parents, and

19 others on the progress being made by individual stu20 dents in meeting the content standards prescribed in

21 section 1012, and to serve as an aid in improving in22 struction, curriculum, and the performance of stu23 dents;

24 ‘‘(2) as set forth in subsection (c), to provide a

25 means for evaluating the effectiveness of the pro-
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1 gram under this chapter on a national basis so that

2 any needed changes can be made to aid in reaching

3 the goals of this chapter of assuring that children of

4 low-income families acquire the high level knowledge

5 and skills that are necessary for sustained success;

6 and

7 ‘‘(3) as set forth in subsections (d) through (g)

8 of this section to provide a means for holding indi9 vidual schools, local educational agencies, and State

10 educational agencies accountable for student per11 formance in meeting the content standards pre12 scribed in section 1012, and to serve as a basis for

13 recognizing and rewarding the entities that improve

14 student performance and for taking corrective action

15 with respect to the entities that do not, pursuant to

16 section 1012.

17 ‘‘(b) ASSESSMENTS TO AID STUDENT PROGRESS.—

18 ‘‘(1) Each local educational agency and school

19 shall implement assessment measures that are de20 signed to provide information and guidance to teach21 ers, parents, and students on the progress being

22 made by individual students in meeting the stand23 ards prescribed in section 1012 and to aid in im24 proving the performance of individual students. Such

25 assessment measures shall aid teachers in evaluating
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1 the progress that individual students are making on

2 the curriculum and on classroom tasks, shall be con3 trolled and administered by teachers, and shall be an

4 integral part of the instructional program.

5 ‘‘(2) At least once each year, each school shall

6 inform parents of the progress their children are

7 making in meeting the standards prescribed in sec8 tion 1012 and shall provide specific information on

9 deficiencies in performance and on assistance avail10 able to remedy deficiencies.

11 ‘‘(3) Each local educational agency and school

12 shall disseminate to parents, students and teachers

13 a description and explanation of the curriculum in

14 use at the school, of the forms of assessment used

15 to measure student progress, and of the proficiency

16 levels students are expected to meet.

17 ‘‘(4) Each local educational agency and school

18 shall assure that the methods of assessment em19 ployed are integrated with curriculum and instruc20 tion, foster teaching and learning, are adaptable to

21 diverse student populations, encourage self-reflection

22 and decisionmaking, emphasize students’ strengths

23 and incorporate into the design and implementation

24 those elements and characteristics that enable all

25 students to benefit from instructional practices and
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1 assessment outcomes, including opportunities for

2 limited English proficient students to be assessed in

3 their primary language.

4 ‘‘(c) ASSESSMENTS TO EVALUATE CHAPTER 1.—The

5 Secretary shall—

6 ‘‘(1) submit to the President, the Congress and

7 the public at least biannually a report evaluating na8 tional progress in equipping economically deprived

9 students with the knowledge and skills called for by

10 this chapter and evaluating the effectiveness of this

11 chapter in achieving stated goals;

12 ‘‘(2) in carrying out the evaluations called for

13 by such a report, use the National Assessment of

14 Educational Progress or other forms of assessment

15 that are consistent with the assessment measures

16 that are required by this section; and

17 ‘‘(3) develop evaluation methods that facilitate

18 comparisons of information about student outcomes

19 by State however, the Secretary shall not deny ap20 proval to an otherwise acceptable State educational

21 agency assessment program on grounds that it does

22 not permit comparisons between States, or require

23 State educational agencies to collect or aggregate

24 data solely for the purpose of Federal evaluation

25 under this subsection.
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1 ‘‘(d) DUTY TO ASSESS FOR ACCOUNTABILITY PUR2 POSES.—

3 ‘‘(1) Each participating State educational agen4 cy shall adopt by January 1, 1997, and describe in

5 its application to the Secretary for fiscal year 1998

6 a set of assessments that the State educational

7 agency proposes to use as its primary means for

8 gauging the performance of local educational agen9 cies that participate in the program under this chap10 ter in enabling students, including limited-English

11 proficient students, to meet the standards set forth

12 in section 1012.

13 ‘‘(2) Each participating State educational agen14 cy may authorize any local educational agencies

15 within its jurisdiction to use its own measures of as16 sessment for accountability purposes, if such meas17 ures meet all of the requirements of this section and

18 are approved by the State educational agency.

19 ‘‘(3) If any State education agency fails by Jan20 uary 1, 1997, to adopt an assessment program that

21 meets the requirements of this section, such agency

22 shall be required to select one of the assessment pro23 grams approved by the Secretary pursuant to para24 graph (4), but selection of an assessment program

25 under this subsection shall not relieve the State edu-
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1 cational agency of the requirements under this chap2 ter that assessments be aligned with standards and

3 curriculum.

4 ‘‘(4) The Secretary shall approve only assess5 ment measures—

6 ‘‘(A) that meet the requirements of sub7 section (c);

8 ‘‘(B) that are aligned with State standards

9 and that have been validated in terms of their

10 particular uses and consequences and to assure

11 racial, ethnic, and gender fairness; and

12 ‘‘(C) that provide for periodic monitoring

13 to assure continuing validity.

14 ‘‘(e) SCOPE, FREQUENCY, CHARACTERISTICS AND

15 METHODS OF ASSESSMENT.—

16 ‘‘(1) SCOPE AND FREQUENCY.—

17 ‘‘(A) Assessments for accountability shall

18 be conducted annually in the grades designated

19 under subparagraph (B) in all participating

20 schools and shall be applied to at least a sample

21 of all students, provided, however, that where

22 sampling methods are used, the sample shall be

23 constructed so as to yield representative data—
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1 ‘‘(i) for each participating school, local

2 educational agency, and for the State as a

3 whole; and

4 ‘‘(ii) within each participating school

5 for each major racial and ethnic group, for

6 economically disadvantaged and

7 nondisadvantaged students, and for lim8 ited-English proficient and non-limited

9 English proficient students.

10 ‘‘(B) An assessment pursuant to subpara11 graph (E) shall be completed at grade 1, sub12 ject to the limitations described in paragraph

13 (2)(B) at some time during grade 3, at some

14 time during grade 7, and at some time during

15 grade 10, but students who have been retained

16 in grade shall be considered for assessment at

17 the time they would otherwise have been as18 sessed if they had not been retained in grade.

19 ‘‘(C) Where sampling methods are used

20 pursuant to subparagraph (A), the methods

21 shall meet professional standards of representa22 tiveness.

23 ‘‘(D) Notwithstanding the provisions of

24 subparagraph (A), local educational agencies

25 and individual schools are not required to as-
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1 sess a student who has been clearly dem2 onstrated, using valid evaluation methods, to be

3 so severely disabled as to lack the capacity to

4 make educational progress in meeting the

5 standards set out in section 1012 even with the

6 provision of supplemental services.

7 ‘‘(E) No student shall be exempted from

8 assessment on grounds that the student has not

9 attended a particular school or has not been a

10 resident in the local educational agency attend11 ance area for a full academic year, but—

12 ‘‘(i) the performance of students who

13 have attended more than one school in a

14 local educational agency in any academic

15 year shall not be used in determining the

16 progress of any individual school but only

17 in determining the progress of the local

18 educational agency; and

19 ‘‘(ii) the performance of students who

20 have not resided in the local educational

21 agency for a full academic year shall not

22 be used to determine the progress either of

23 any individual school or of the local edu24 cational agency.
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1 ‘‘(2) CHARACTERISTICS.—In addition to the re2 quirements set forth in subsection (d)(4), the assess3 ment instruments adopted pursuant to this sub4 section shall meet the following criteria:

5 ‘‘(A) Except for grade 1, assessments shall

6 measure the proficiency of students in subjects

7 including reading, mathematics, writing, his8 tory, geography and science.

9 ‘‘(B) In grade 1, assessments shall be con10 ducted only to determine the acquisition of de11 velopmentally appropriate levels of skills in oral

12 language, emerging reading skills, and social

13 skills important to progress in school.

14 ‘‘(C) Assessments shall provide an accurate

15 measure of the proportion of students attaining

16 nonproficient, partially proficient, proficient,

17 and highly proficient levels of achievement in all

18 aspects of each subject.

19 ‘‘(D) There shall be some variation in the

20 particular items used from one assessment to

21 the next, so that students can be prepared for

22 the test only by being taught a full range of im23 portant knowledge and skills.

24 ‘‘(E) Assessments shall state clearly what

25 is sought to be measured in the assessment and
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1 shall be designed to gauge only the proficiency

2 and accomplishments of students rather than

3 any presumed innate traits or characteristics.

4 ‘‘(F) Local educational agencies and indi5 vidual schools are required to determine if a

6 student has limited English proficiency and to

7 monitor the student’s English language acquisi8 tion progress by using assessments based on

9 sound psychometric practice and theoretically

10 based research, including contemporary theories

11 and research, on language proficiency and com12 municative competence. Schools should not base

13 placement decisions about language assistance

14 services on a single test or assessment score but

15 on a profile that summarizes results of multiple

16 assessments and attends to the multi17 dimensional aspects of language skills.

18 ‘‘(G) In determining the appropriate place19 ment for a limited English proficient student,

20 the procedures need to accurately assess stu21 dents’ language proficiency and content knowl22 edge so that schools can provide appropriate in23 struction that builds on existing linguistic and

24 cognitive skills.
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1 ‘‘(H) In assessing students’ mastery of

2 skills in subjects other than English, students

3 of limited-English proficiency shall be assessed,

4 to the extent practicable, in the language and

5 form most likely to yield accurate and reliable

6 information on what the limited English pro7 ficient students know and can do.

8 ‘‘(3) METHODS.—

9 ‘‘(A) In carrying out its duties pursuant to

10 subsection (d)(1) each State educational agency

11 shall employ multiple methods of assessment

12 tailored to its standards.

13 ‘‘(B) The local educational agency shall

14 identify the languages other than English that

15 are present in the participating student popu16 lation and make a determination of the lan17 guages for which appropriate assessment meas18 ures are not available and are needed. If the

19 local educational agency is unable to develop

20 appropriate assessment measures in these lan21 guages, the local educational agency shall notify

22 the State educational agency of the absence of

23 such assessment measures. The State edu24 cational agency shall notify the Secretary and

25 make every effort to identify or develop such as-
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1 sessment measures. Upon notification by the

2 State educational agency, the Secretary shall

3 also assist in the identification of appropriate

4 assessment measures in the needed languages

5 through the Assistant Secretary of the Office of

6 Bilingual Education and Minority Languages

7 Affairs.

8 ‘‘(f) PREREQUISITES FOR IMPLEMENTATION OF AS9 SESSMENTS.—

10 ‘‘(1) Prior to the conduct of the first assess11 ment for accountability, each State educational

12 agency shall, with the assistance of each local edu13 cational agency, disseminate widely to parents,

14 teachers, and students an understandable statement

15 of the standards expected of participating students,

16 the goals of the assessment instruments, the uses of

17 the assessment, and the knowledge and skills to be

18 assessed. Such statements shall include examples of

19 student work at the appropriate level that would

20 meet the standard at such level.

21 ‘‘(2) As soon as feasible, but prior to the ad22 ministration of the second assessment, each State

23 educational agency shall—

24 ‘‘(A) complete all necessary steps, by devel25 oping curriculum frameworks or model curric-
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1 ula and by providing training or assistance to

2 local educational agencies, to assure that cur3 riculum is revised in a manner that will enable

4 students to meet the standards set forth in sec5 tion 1012; and

6 ‘‘(B) adopt measures, including those re7 quired by section 1012, to assure that teachers

8 in schools receiving funds under this chapter

9 have the capacity to implement instructional

10 strategies designed to equip children with the

11 ability to perform successfully on the assess12 ments required by this section.

13 ‘‘(g) USES OF ASSESSMENTS AND SAFEGUARDS.—

14 ‘‘(1) The assessments developed under sub15 section (d) shall be used by State and local agencies

16 to improve the performance of participating schools

17 to enable students participating under this chapter

18 to master high level knowledge and skills.

19 ‘‘(2) The Secretary shall report the information

20 gathered through the assessments required by sub21 section (d) in such a way as to permit evaluation of

22 the annual progress made by the State, by each local

23 educational agency, and by each school in which the

24 assessment is conducted, and within each State,

25 local educational agency, and school, by each major
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1 racial and ethnic group, by English proficiency sta2 tus and by economically deprived students as com3 pared to students who are not economically deprived.

4 ‘‘(3) The assessments prescribed by subsection

5 (d) shall not be used by State and local educational

6 agencies to withhold from any student a high school

7 diploma or other form of certification or for retain8 ing students in grade.

9 ‘‘SEC. 1020. ENFORCEMENT.

10 ‘‘(a) STATE ENFORCEMENT PROCESS.—Each State

11 educational agency shall develop and submit to the Sec12 retary not later than January 1, 1997, a plan for an en13 forcement process designed to assure the performance of

14 all responsibilities vested by this chapter in the State edu15 cational agency and in all local educational agencies and

16 schools under its jurisdiction. The enforcement process

17 shall consist of the following elements:

18 ‘‘(1) Provisions shall be designed to assure that

19 within five years after the completion of the first as20 sessment conducted pursuant to sections 1012 and

21 1020, all participating schools in which 50 percent

22 or more of the students enrolled are economically de23 prived will have made substantial progress pursuant

24 to the criteria established in section 1431 in assist25 ing all participating students in reaching proficient
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1 or highly proficient levels of achievement appropriate

2 to their grade level under the standards provided for

3 in section 1012 and, in the event that substantial

4 progress has not been made to assure that the edu5 cational environment and services made available to

6 students will be changed significantly enough to en7 able them to reach these levels.

8 ‘‘(2) Provisions shall be designed to assure that

9 within five years after the completion of the first as10 sessment conducted pursuant to sections 1012 and

11 1020, participating schools in which less than 50

12 percent of the students enrolled are economically de13 prived will have made substantial progress pursuant

14 to the criteria established in section 1431 in assist15 ing economically deprived students in reaching pro16 ficient or highly proficient levels of achievement ap17 propriate to their grade level under the standards

18 provided for in section 1012 and, in the event that

19 substantial progress has not been made to assure

20 that the educational environment and services made

21 available to economically deprived students will be

22 changed significantly enough to enable them to

23 reach these levels.

24 ‘‘(3) Assurance shall be provided by the State

25 educational agency that persons charged with re-
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1 sponsibility under this chapter are provided with

2 adequate resources, pursuant to the requirements of

3 section 1012 and section 1018 and with adequate

4 decisionmaking authority to carry out their duties

5 effectively.

6 ‘‘(4) A timetable for the achievement of the ob7 jectives specified in paragraphs (1) and (2), which

8 shall include—

9 ‘‘(A) an identification, beginning with the

10 third annual assessment, of local educational

11 agencies and individual schools that are failing

12 to make substantial progress pursuant to the

13 criteria developed under section 1431, in de14 creasing the proportions of children who are not

15 proficient and in increasing the proportions of

16 children who have attained the proficient and

17 highly proficient levels of achievement called for

18 in sections 1012 and 1020;

19 ‘‘(B) for those identified schools failing to

20 make substantial progress, the State edu21 cational agency shall appoint an inspector or in22 spection team, where the school or local edu23 cational agency has a 5 percent limited-English

24 proficient student population, the inspector or

25 inspection team shall be knowledgeable about
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1 effective education strategies for limited Eng2 lish proficient students. The inspector or in3 spection team shall promptly visit the site to

4 determine—

5 ‘‘(i) whether the identification of the

6 local educational agency or school as hav7 ing failed to make substantial progress has

8 resulted from a consistent application of

9 State educational agency standards and as10 sessment programs throughout the State

11 or local educational agency and, if so

12 ‘‘(ii) whether there are immediate

13 measures that may be undertaken by the

14 local educational agency or school that

15 hold substantial promise of demonstrating

16 substantial progress pursuant to the cri17 teria developed under section 1431 within

18 a period not to exceed 120 days from the

19 date of the visit. If the inspection team de20 termines that such immediate measures

21 hold promise and are warranted it shall

22 have authority to order the implementation

23 of such measures and to secure from the

24 State educational agency or local edu25 cational agency resources that it deter-
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1 mines are necessary to secure substantial

2 progress. Any violations of Federal civil

3 rights law shall be referred to the Office of

4 Civil Rights, Department of Education;

5 ‘‘(C) the publication and dissemination to

6 teachers, parents, students, and the community

7 of the results of the school and local educational

8 agency assessments and the convening of public

9 meetings to explain the results of the assess10 ments and to describe any corrective action that

11 will be undertaken; and

12 ‘‘(D) the prescription of measures that will

13 be taken to change the educational environment

14 if, after the fourth assessment, a local edu15 cational agency or an individual school fails to

16 make substantial cumulative progress pursuant

17 to the criteria developed under section 1431.

18 ‘‘(5) The changes in educational environment

19 called for in subparagraph (D) shall be provided

20 through benefits in the form of incentives and re21 wards that enhance the resources and status of suc22 cessful schools, by sanctions that close or change the

23 operation of unsuccessful schools and by other meas24 ures that provide opportunities for students to move

25 from unsuccessful to successful schools. Such bene-
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1 fits, sanctions, and other measures shall be applied

2 to schools and local educational agencies and shall

3 be both individual and institutional in character:

4 ‘‘(A) In the case of individual schools that

5 make substantial progress, benefits may in6 clude—

7 ‘‘(i) institutional rewards, such as rec8 ognition for the school, greater decision9 making authority at the school building

10 level, increased access to resources or

11 supplemental services such as summer pro12 grams that may be used to sustain and in13 crease success, additional financial assist14 ance to accommodate the needs of students

15 who transfer under the provisions of para16 graph (5)(C), otherwise enable the school

17 to serve larger numbers of eligible children

18 or to render assistance to other schools; or

19 ‘‘(ii) individual rewards, such as rec20 ognition of school staff, additional profes21 sional development opportunities, opportu22 nities to participate in special projects

23 involving increased responsibility, such as

24 curriculum development projects, and fi25 nancial bonuses.
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1 ‘‘(B) In the case of individual schools that

2 fail to make substantial progress, sanctions may

3 include—

4 ‘‘(i) institutional penalties, such as

5 publication of the deficiencies of the school,

6 loss of decision-making authority at the

7 school building level, the initiation of alter8 native governance arrangements or closing

9 of the school; or

10 ‘‘(ii) individual penalties, such as re11 ductions in pay, dismissal, or transfer of

12 the principal or other staff members in ac13 cordance with the applicable provisions of

14 state law or collective bargaining agree15 ments provided, however, that no staff

16 member transferred under the provisions

17 of this subsection shall be retained as a

18 staff member at a participating school.

19 ‘‘(C) Notwithstanding the adoption of any

20 other measure under paragraph (5)(B) applying

21 to schools that fail to make substantial

22 progress, the State educational agency shall es23 tablish a right of transfer by students from

24 schools that are failing to make substantial

25 progress to other schools in the local edu-
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1 cational agency that are making such progress,

2 and shall assure that adequate resources are

3 provided for transportation to make the right

4 effective.

5 ‘‘(D) In the cases of local educational

6 agencies that make substantial progress, bene7 fits may include, but are not limited to, institu8 tional and individual rewards of the kind de9 scribed for individual schools in paragraph

10 (5)(A), but that are applicable on a districtwide

11 level.

12 ‘‘(E) In the case of local educational agen13 cies that fail to make substantial progress, pen14 alties may include—

15 ‘‘(i) dismissal of the superintendent or

16 other local educational agency personnel by

17 the State educational agency;

18 ‘‘(ii) appointment by the State edu19 cational agency of a receiver or trustee to

20 administer the affairs of the local edu21 cational agency in place of the super22 intendent and school board;

23 ‘‘(iii) the removal of particular schools

24 from the jurisdiction of the local edu25 cational agency and the establishment of
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1 alternative arrangements for governing and

2 supervising such schools; or

3 ‘‘(iv) abolition or restructuring of the

4 local educational agency through annex5 ation by other local educational agencies or

6 by other means.

7 ‘‘(F) Notwithstanding the adoption of any

8 other measure under paragraph (5)(E) applying

9 to local educational agencies that fail to make

10 substantial progress, the State educational

11 agency shall establish a right of transfer by stu12 dents from local educational agencies that are

13 failing to make substantial progress to schools

14 in other local educational agencies that are

15 making such progress, and shall assure that

16 adequate resources are provided for transpor17 tation to make the right effective.

18 ‘‘(6) COMPLAINT ADJUDICATION.—

19 ‘‘(A) An administrative process shall be es20 tablished within the State educational agency

21 for the adjudication of complaints by parents,

22 students, teachers, other school staff or their

23 representatives. Such process shall provide to

24 complainants remedies for the failure of a local

25 educational agency or school to comply with the
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1 opportunity to learn standards set forth in sec2 tion 1012, unless such local educational agency

3 or school has made substantial progress under

4 section 1431 of this section, to carry out the

5 staff development obligations set out in section

6 1012 to implement the parent involvement

7 measures set out in section 1016 and imple8 mentation of section 1017. Included in the

9 process shall be the method by which the State

10 educational agency will notify parents and stu11 dents about the availability of administrative

12 remedies and the provision of technical assist13 ance to parents and students who avail them14 selves of such remedies. The process shall speci15 fy timelines designed to assure that decisions

16 will be reached in an expeditious manner and

17 also provide for the appointment of independent

18 administrative law judges whose sole respon19 sibilities are administration adjudication. State

20 educational agencies are encouraged to supple21 ment this administrative process by establishing

22 procedures for conciliation or other forms of al23 ternative dispute resolution to resolve disputes

24 within a local educational agency between local

25 educational agency officials, teachers and other
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1 staff, parents, and students on matters within

2 the purview of this chapter.

3 ‘‘(B) The State educational agency shall

4 establish procedures that effectively prevent re5 taliatory personnel practices by any recipient

6 against an employee for assisting or dem7 onstrating an intent to assist in securing any

8 right guaranteed by this chapter or in achieving

9 compliance with any requirement of this chap10 ter.

11 ‘‘(b) DUTIES OF THE SECRETARY.—To assure com12 pliance with all provisions of this chapter, the Secretary

13 shall—

14 ‘‘(1) initiate enforcement action in any case

15 where a State educational agency fails to comply

16 with its obligations under section 1012 (Standards,

17 Assurances, Applications and Capacity Building),

18 section 1019 (Health and Social Services), section

19 1020 (Assessment) and section 1021 (Enforcement)

20 of this chapter or where a local educational agency

21 or school fails to comply with obligations under sec22 tion 1012 (Standards, Assurances, Applications and

23 Capacity Building), section 1016 (Parent Involve24 ment), section 1019 (Health and Social Services),

25 section 1020 (Assessment) and section 1021 (En-
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1 forcement) of this chapter, but such an action may

2 not be commenced against a local educational agency

3 or school that has made substantial progress;

4 ‘‘(2) prepare and publish annually a report to

5 the Congress and the public on the status of imple6 mentation for each state, which report will describe

7 whether substantial progress is being made on a

8 statewide basis and assess the adequacy of State en9 forcement; and

10 ‘‘(3) ensure that notwithstanding the State’s

11 primary role in the enforcement of this chapter, the

12 Department of Education’s Office for Civil Rights

13 shall monitor and enforce compliance with Title VI

14 of the Civil Rights Act of 1964, in particular non15 discriminatory access of limited-English proficient

16 students to participation under this chapter.

17 ‘‘SEC. 1021. RESEARCH, DEVELOPMENT, EVALUATION, AND

18 DISSEMINATION.

19 ‘‘(a) The Secretary shall reserve the greater of

20 $70,000,000 or 1 percent of funds appropriated under this

21 chapter each year to fund research, development, evalua22 tion, and dissemination of effective practices and strate23 gies for the education of economically deprived children,

24 including assistance to universities, research organiza25 tions, and other institutions—
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1 ‘‘(1) to develop, evaluate, and disseminate pro2 grams, materials, teaching methods, staff develop3 ment methods, school organization plans, and other

4 replicable programs and practices intended to en5 hance the higher order skills of students attending

6 participating schools as defined in this chapter;

7 ‘‘(2) to conduct third-party, independent eval8 uations of programs and practices identified by the

9 Secretary as promising;

10 ‘‘(3) to study the processes by which schools

11 adopt, adapt, and institutionalize innovations; to

12 identify and study unusually effective schools and

13 programs funded under this chapter; to experiment

14 with means of implementing and maintaining com15 prehensive school-wide organizational improvements;

16 and to conduct other research needed to provide par17 ticipating schools with the exemplary instructional,

18 curricular, organizational, and professional develop19 ment programs;

20 ‘‘(4) to fund formative evaluation of changes in

21 educational systems brought about in whole or in

22 part as a result of this chapter, including assistance

23 to universities, research organizations, State and

24 local educational agencies, and other institutions to

25 conduct research and evaluation at the State, local
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1 educational agency and school level including, but

2 not limited to, research either singly or in combina3 tion—

4 ‘‘(A) on uses, types, and effects of stand5 ards developed and promulgated pursuant to

6 section 1012 of assessment systems developed

7 pursuant to section 1020; and of enforcement

8 systems developed pursuant to section 1021;

9 ‘‘(B) on the school planning, improvement,

10 decisionmaking, assistance, and parent involve11 ment processes undertaken pursuant to sections

12 1012, 1016, and 1021; and

13 ‘‘(C) on the types and effects of changes in

14 State and local educational agency resource al15 location systems attributable to the require16 ments of sections 1013, 1014, and 11018.

17 ‘‘(5) to provide assistance to developers of suc18 cessful programs to establish national or regional

19 dissemination to replicate their programs, which may

20 include model ‘‘lighthouse’’ schools to serve State or

21 region;

22 ‘‘(6) to inform staff of participating schools

23 about alternative, effective programs and strategies

24 that may meet their needs;
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1 ‘‘(7) to establish predoctoral and postdoctoral

2 fellowships and training programs to attract talented

3 social scientists and educators, especially members of

4 underrepresented minority groups, into research and

5 development of programs for deprived students, and

6 to provide such persons with high-quality training;

7 and

8 ‘‘(8) to provide periodic summaries of research

9 on topics relevant to the design and implementation

10 of effective chapter 1 programs, such as research on

11 reading and content area instruction, parent involve12 ment, early childhood education, grouping, classroom

13 assessment, and motivation. Such summaries shall

14 be written for and disseminated to parents and com15 munity members, as well as for educators.

16 ‘‘(b) The provisions in this section are intended to

17 supplement and not to supersede research functions cur18 rently retained by the United States Department of Edu19 cation, such as those of Policy Evaluation Services and

20 the Office of Educational Research and Improvement.’’.

21 TITLE II—ADDITIONAL

22 EDUCATION AMENDMENTS

23 SEC. 201. PAYMENTS.

24 Part E of title I of the Elementary and Secondary

25 Education Act of 1965 is amended to read as follows:
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1 ‘‘PART E—PAYMENTS

2 ‘‘SEC. 1404. PAYMENTS FOR STATE ADMINISTRATION.

3 ‘‘(a) IN GENERAL.—The Secretary is authorized to

4 pay to each State amounts equal to the amounts expended

5 by it for the proper and efficient performance of its duties

6 under this chapter, except that the total of such payments

7 in any fiscal year shall be the greater of the following:

8 ‘‘(1) 2 percent of the amount allocated to the

9 State and its local educational agencies and to other

10 State agencies as determined for that year under

11 parts A and D for program administration, includ12 ing compliance with the provisions of sections 1012,

13 1019, and 1021, and for coordinating the inclusion

14 of limited-English proficient students; and

15 ‘‘(2) 2 percent of the amount allocated to the

16 State and its local educational agencies and to other

17 State agencies as determined for that year under

18 parts A and C for fiscal years 1995, 1996, and 1997

19 and 1 percent in each year thereafter for the devel20 opment and implementation of the assessment pro21 gram authorized by sections 1020 and 1021, in par22 ticular for the development of linguistically acces23 sible assessment instruments; or

24 ‘‘(3) $650,000, or $100,000 in the case of

25 Guam, American Samoa, the Virgin Islands, the
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1 Northern Mariana Islands, or the Trust Territory of

2 the Pacific Islands.

3 ‘‘(b) LIMITATION ON INDIRECT COSTS.—Not more

4 than 15 percent of the State administrative allocation

5 under subsection (a) may be used for indirect costs of the

6 grant.

7 ‘‘SEC. 1405. FUNDS FOR THE IMPLEMENTATION OF SCHOOL

8 IMPROVEMENT PROGRAMS.

9 ‘‘(a) GENERAL AUTHORITY.—The Secretary is au10 thorized to pay to each State, for the purpose of carrying

11 out program improvement activities described in section

12 1012(c)(4) and to provide supplemental capacity building

13 grants to support projects conducted within the State in

14 an amount equal to—

15 ‘‘(1) 8 percent of the amount allocated to the

16 State and its local educational agencies as deter17 mined under parts A and D;

18 ‘‘(2) $135,000 or $22,500 in the case of Guam,

19 American Samoa, the Virgin Islands, the Northern

20 Mariana Islands, or the Trust Territory of the Pa21 cific Islands; or

22 ‘‘(3) any amounts paid to schools and local edu23 cational services under this section shall be supple24 mental to the funds received by them pursuant to

25 section 1402.
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1 ‘‘(b) LIMITATIONS.—

2 ‘‘(1) No funds made available to States under

3 subsection (a) may be used for administrative func4 tions related to any provisions of this chapter.

5 ‘‘(c) SUPPLEMENTAL CAPACITY BUILDING

6 GRANTS.—

7 ‘‘(1) Funds made available to States under this

8 section shall also be used to support projects con9 ducted within the State by local educational agencies

10 or schools designed to demonstrate the following:

11 ‘‘(A) Innovative staff development and

12 school improvement strategies aimed at improv13 ing the capacity of participating schools to meet

14 the standards for economically deprived chil15 dren and limited English proficient students re16 quired by section 1012(a).

17 ‘‘(B) Research-based approaches to educat18 ing and assessing economically deprived and

19 limited English proficient children, including in20 structional and curricular approaches.

21 ‘‘(C) Innovative schoolwide projects for

22 schools in which 50 percent or more of the stu23 dents enrolled are economically deprived.

24 ‘‘(2) State educational agencies will be respon25 sible for setting up a procedure for awarding such
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1 grants and for evaluating the effectiveness of the

2 program and individual grants. Qualified recipients

3 shall be determined by the State educational agency.

4 ‘‘(3) Any local educational agency or school re5 ceiving funds under this section is not relieved of

6 any of its obligations under Chapter 1, in particular

7 the obligations imposed by section 1021.’’.

8 SEC. 202. GENERAL PROVISIONS.

9 Part F of title I of the Elementary and Secondary

10 Act of 1965 is amended to read as follows:

11 ‘‘PART F—GENERAL PROVISIONS

12 ‘‘Subpart 1—Federal Administration

13 ‘‘SEC. 1431. FEDERAL REGULATIONS.

14 ‘‘(a) IN GENERAL.—The Secretary is authorized to

15 issue such regulations as are considered necessary to rea16 sonably ensure that there is compliance with the specific

17 requirements and assurances required by this chapter.

18 ‘‘(b) PROCEDURE.—

19 ‘‘(1) Prior to publishing proposed regulations

20 pursuant to this chapter, the Secretary shall convene

21 regional meetings which shall provide input to the

22 Secretary on the content of proposed regulations.

23 Such meetings shall include representatives of Fed24 eral, State and local administrators, parents, teach25 ers, including teachers who are familiar with effec-
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1 tive instructional approaches for economically de2 prived and limited English proficient children, and

3 members of local boards of education involved with

4 implementation of programs under this chapter.

5 ‘‘(2) Subsequent to regional meetings and prior

6 to publishing proposed regulations in the Federal

7 Register, the Secretary shall prepare draft regula8 tions and submit regulations on a minimum of 4 key

9 issues to a modified negotiated rulemaking process

10 as a demonstration of such process. The modified

11 process shall waive application of the Federal Advi12 sory Committee Act, but shall otherwise follow the

13 guidance provided in the Administrative Conference

14 of the United States in Recommendation 82–4,

15 ‘‘Procedures for Negotiating Proposed Regulations’’

16 (47 Fed. Reg. 30708, June 18, 1982) and any suc17 cessor regulation. Participants in the demonstration

18 shall be chosen by the Secretary from among partici19 pants in the regional meetings, representing the

20 groups described in paragraph (1) and all geo21 graphic regions. The demonstration shall be con22 ducted in a timely manner in order that final regula23 tions may be issued by the Secretary within the 240-

24 day period required by section 421(g) of the General

25 Education Provisions Act.
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1 ‘‘(3) In an emergency situation in which regula2 tions pursuant to this chapter must be issued within

3 a very limited time to assist State and local edu4 cational agencies with the operation of the program,

5 the Secretary may issue a regulation without such

6 prior consultation, but shall immediately thereafter

7 convene regional meetings to review the emergency

8 regulation prior to issuance in final form.

9 ‘‘(c) COMPILATION AND REPORTING.—The Secretary

10 shall prescribe, by regulation, forms for the compilation

11 and public reporting of the information necessary to deter12 mine if the purposes of this Act have been fulfilled. The

13 regulations shall include—

14 ‘‘(1) standards to determine whether among

15 local educational agencies in a State and among

16 schools in a local educational agency, essential edu17 cational services are comparable within a reasonable

18 range pursuant to section 1018(c);

19 ‘‘(2) the method for compiling and reporting in20 formation gathered through the assessments re21 quired by section 1020. The information shall be re22 ported in such a way as to permit evaluation of the

23 annual progress made—
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1 ‘‘(A) by the State, by each local edu2 cational agency, and by each school in which

3 the assessment is conducted; and

4 ‘‘(B) within each State, local educational

5 agency and school, by race, national origin, sta6 tus as a limited-English proficient student, and

7 economically deprived students as compared to

8 students who are not economically deprived;

9 ‘‘(3) a definition for ‘substantial progress’ as

10 used in section 1021 by schools and local edu11 cational agencies toward the goal of assuring that all

12 students acquire the knowledge and skills that are

13 necessary for sustained success. In defining ‘sub14 stantial progress,’ the regulations—

15 ‘‘(A) shall call for a comparison at each

16 school of the proportions of students who have

17 attained non-proficient, partially proficient, pro18 ficient, and highly proficient levels of achieve19 ment in all aspects of each subject at the grade

20 levels at which assessments, conducted under

21 section 1012 prior to approval by the Secretary

22 of the new State standards or under section

23 1020, are conducted with the proportions in

24 each of the four categories one period earlier,

25 provided that the periods established for com-
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1 parison shall be rolling two-year periods in

2 which the second year of each period will be in3 cluded as the first year of the succeeding period

4 and the comparisons will be based on average

5 scores for each two-year period;

6 ‘‘(B) shall require cumulative reductions in

7 school dropout rates or grade-level retention

8 rates or shall require cumulative increases in

9 secondary school completion rates;

10 ‘‘(C) shall require after the fourth assess11 ment period (when two comparisons will have

12 been made) a cumulative reduction in the pro13 portions of students who are not proficient and

14 a substantial cumulative increase in the propor15 tions of students who are proficient or ad16 vanced, provided, however, that where a State

17 educational agency adopts supplemental out18 come measures such as reductions in dropout

19 rates, a school may be deemed to have made

20 substantial progress if it—

21 ‘‘(i) reaches 80 percent of its goal

22 with respect to student proficiency; and

23 ‘‘(ii) meets its targets on the supple24 mental outcome measures;
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1 ‘‘(D) shall require for each assessment pe2 riod after the fourth assessment that there be

3 a substantial progressive reduction in the pro4 portion of students who are not proficient and

5 a substantial increase in the proportion of stu6 dents who are proficient or highly proficient of

7 at least five percentage points;

8 ‘‘(E) while requiring compilation and re9 porting of comparative data on each subject on

10 which students are assessed and for each grade,

11 shall permit the establishment of a composite

12 rating under which a school shall be deemed to

13 have made substantial progress when the reduc14 tions and increases required by subparagraphs

15 (B) and (C) are achieved in a majority of the

16 subjects at each grade level assessed; and

17 ‘‘(F) shall permit a local educational agen18 cy to be deemed to have made substantial

19 progress when the reductions and increases re20 quired by subparagraphs (B) and (C) are

21 achieved on a systemwide basis, which includes

22 all schools in which chapter 1 services are of23 fered in a majority of the subjects and in a ma24 jority of the grade levels assessed.
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1 ‘‘(d) SPECIAL RULE.—Funds made available under

2 sections 1437 and 1463 of this chapter shall be released

3 for expenditure by the Secretary only at such time as final

4 regulations pertaining to this chapter are published in the

5 Federal Register.

6 ‘‘(e) LIMITATION.—Programs under this chapter may

7 not be required to follow any instructional model, such as

8 the provision of services outside the regular classroom or

9 school program.

10 ‘‘SEC. 1434. COORDINATION OF FEDERAL, STATE, AND

11 LOCAL ADMINISTRATION.

12 ‘‘(a) POLICY MANUAL.—The Secretary shall, not

13 later than 6 months after the publication of final regula14 tions with respect to this chapter, prepare and distribute

15 to State educational agencies, State agencies operating

16 programs under part D, and local educational agencies,

17 and shall make available to parents and other interested

18 individuals, organizations, and agencies, a revised policy

19 manual for this chapter to—

20 ‘‘(1) assist such agencies in—

21 ‘‘(A) preparing applications for program

22 funds under this chapter;

23 ‘‘(B) meeting the applicable program re24 quirements under this chapter; and
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1 ‘‘(C) enhancing the quality, increasing the

2 depth, or broadening the scope of activities for

3 programs under this chapter;

4 ‘‘(2) assist State educational agencies in achiev5 ing proper and efficient administration of programs

6 funded under this chapter;

7 ‘‘(3) assist parents to become involved in the

8 planning for, and implementation and evaluation of,

9 programs and projects under this chapter; and

10 ‘‘(4) ensure that officers and employees of the

11 Department of Education, including officers and em12 ployees of the Secretary and officers and employees

13 of such Department charged with auditing programs

14 carried on under this chapter, uniformly interpret,

15 apply, and enforce requirements under this chapter

16 throughout the United States.

17 ‘‘(b) CONTENTS OF POLICY MANUAL.—The policy

18 manual shall, with respect to programs carried out under

19 this chapter, contain descriptions, statements, procedural

20 and substantive rules, opinions, policy statements and in21 terpretations and indices to and amendments of the fore22 going, and in particular, whether or not such items are

23 required under section 552 of title 5, United States Code

24 to be published or made available. The manual shall in25 clude—
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1 ‘‘(1) a statement of the requirements applicable

2 to the programs carried out under this chapter, in3 cluding such requirements contained in this chapter,

4 the General Education Provisions Act, other applica5 ble statutes, and regulations issued under the au6 thority of such statutes;

7 ‘‘(2) an explanation of the purpose of each re8 quirement and its interrelationship with other appli9 cable requirements;

10 ‘‘(3) a statement of the procedures to be fol11 lowed by the Secretary with respect to proper and

12 efficient performance of administrative responsibil13 ities;

14 ‘‘(4) summaries of (A) advisory opinions inter15 preting and applying applicable requirements, and

16 (B) final audit determinations relevant to programs

17 under this chapter, including examples of actual ap18 plications of the legal requirements of applicable

19 statutes and regulations;

20 ‘‘(5) model forms and instructions developed by

21 the Secretary for use by State and local educational

22 agencies, at their discretion, including, but not lim23 ited to, application forms, application review check24 lists, and instruments for monitoring programs

25 under this chapter;
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1 ‘‘(6) summaries of appropriate court decisions

2 concerning programs under this chapter; and

3 ‘‘(7) model forms, policies, and procedures de4 veloped by State educational agencies.

5 ‘‘(c) RESPONSE TO INQUIRIES.—The Secretary shall

6 respond with written guidance not more than 90 days

7 after any written request (return receipt requested) from

8 a State or local educational agency regarding a policy,

9 question, or interpretation under this chapter. In the case

10 of a request from a local educational agency, such agency

11 must first have addressed its request to the State edu12 cational agency.

13 ‘‘(d) TECHNICAL ASSISTANCE.—From funds avail14 able to the Secretary for studies, evaluations, and tech15 nical assistance, the Secretary shall continue, establish,

16 and expand technical assistance centers to provide assist17 ance to State and local educational agencies with respect

18 to programs under this chapter. In providing such assist19 ance, centers shall place particular emphasis on informa20 tion relating to program improvement, parental involve21 ment, instruction, testing and evaluation, and curriculum

22 under this chapter. Such centers shall be accessible

23 through electronic means.

24 ‘‘(e) FEDERAL DISSEMINATION OF EXEMPLARY PRO25 GRAMS.—To the extent possible, the Secretary shall pro-
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1 vide information to State and local educational agencies

2 regarding opportunities for dissemination of exemplary

3 programs under this chapter through the National Diffu4 sion Network. The Secretary shall emphasize programs

5 which are exemplary in their implementation of the parent

6 involvement provisions of section 1016. The Secretary

7 shall coordinate Federal exemplary project identification

8 activities with the National Diffusion Network.

9 ‘‘(f) FEDERAL REVIEW OF STATE AND LOCAL AD10 MINISTRATION.—The Secretary shall provide for a review

11 of State and local administration of programs under this

12 chapter. In addition to such other areas as the Secretary

13 may consider appropriate, the review shall consider State

14 policies, guidance materials, monitoring and enforcement

15 activities, and the detection and resolution of problems of

16 local noncompliance.

17 ‘‘Subpart 2—State Administration

18 ‘‘SEC. 1451. STATE REGULATIONS.

19 ‘‘(a) IN GENERAL.—

20 ‘‘(1) Except as provided in paragraph (2), noth21 ing in this chapter may be interpreted to preempt,

22 prohibit, or encourage State regulations issued pur23 suant to State law which are not inconsistent with

24 the provisions of this chapter, regulations promul-
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1 gated under this chapter, or other applicable Federal

2 statutes and regulations.

3 ‘‘(2) State rules or policies may not limit local

4 school districts’ decisions regarding the grade levels

5 to be served; instructional setting, materials or

6 teaching techniques to be used; instructional staff to

7 be employed as long as such staff meet State certifi8 cation and licensing requirements for education per9 sonnel); or other support services (such as counsel10 ing and other pupil personnel services) to be pro11 vided as part of the programs authorized under this

12 chapter.

13 ‘‘(3) Nothing in this subsection may be con14 strued to inhibit the State educational agency’s re15 sponsibility to work jointly with local educational

16 agencies and other State agencies receiving funds

17 under this chapter in setting standards under sec18 tion 1012(a), implementing capacity building and

19 school improvement activities under sections

20 1012(c)(4) and 1405 complying with the health and

21 social services requirements of section 1019, develop22 ing assessments under section 1020 and complying

23 with the enforcement provisions of section 1021.

24 ‘‘(b) REVIEW BY COMMITTEE OF PRACTITIONERS.—

25 Before publication of any proposed or final State rule or
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1 regulation pursuant to this chapter, each such rule shall

2 be reviewed by a State committee of practitioners which

3 shall include administrators, teachers, including teachers

4 who are familiar with effective instructional approaches

5 for economically deprived and limited English proficient

6 children, parents, and members of local boards of edu7 cation, and on which a majority of the members shall be

8 local educational agency representatives. In an emergency

9 situation where such regulation must be issued within a

10 very limited time to assist local educational agencies with

11 the operation of the program, the State educational agen12 cy may issue a regulation without such prior consultation,

13 but shall immediately thereafter convene a State commit14 tee of practitioners to review the emergency regulation

15 prior to issuance in final form.

16 ‘‘(c) IDENTIFICATION AS STATE REQUIREMENT.—

17 The imposition of any State rule or policy relating to the

18 administration and operation of programs funded by this

19 chapter (including those based on State interpretation of

20 any Federal law, regulation, or guideline) shall be identi21 fied as a State imposed requirement.

22 ‘‘Subpart 4—Studies

23 ‘‘SEC. 1461. REPORT ON STATE AND LOCAL EVALUATIONS.

24 ‘‘The Secretary shall submit a comprehensive and de25 tailed report concerning State and local evaluation results
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1 based on data collected under sections 1012, 1021,

2 1107(a), 1202(a)(6), and 1242(d) to the appropriate com3 mittees of the Congress on a biennial basis.’’.

4 SEC. 203. DEFINITIONS.

5 Section 1471 of the Elementary and Secondary Edu6 cation Act of 1965 is amended by adding at the end the

7 following:

8 ‘‘(24) ‘Economically deprived’ means being

9 from a low-income family as defined in section 1005.

10 ‘‘(25) The term ‘limited English proficient’

11 means a language minority person who has difficulty

12 understanding, speaking, reading, or writing the

13 English language at a level appropriate to his or her

14 age and grade and is, thereby, academically deprived

15 in programs conducted exclusively in English.

16 ‘‘(26) The term ‘language minority’ means—

17 ‘‘(A) individuals whose native language is

18 other than English;

19 ‘‘(B) individuals who usually speak a lan20 guage other than English or come from home

21 environments where a language other than Eng22 lish is usually spoken; or

23 ‘‘(C) American Indians, Alaskan Natives,

24 and Hawaiian Natives.
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1 ‘‘(27) ‘Essential educational services’ shall in2 clude preschool child development programs; reading

3 programs in the early grades; adequate pupil-staff

4 ratios in the classrooms; counseling, health, and so5 cial services; the education and experience of teach6 ers, including the distribution of experienced and in7 experienced teachers among schools and local edu8 cational agencies, certification of teachers, including

9 National Board certification, and assignment to

10 teach in their area of certification; a broad and com11 prehensive curriculum, including appropriate courses

12 at each grade level designed to teach the advanced

13 skills and knowledge called for under section

14 1012(a); and services for limited English proficient

15 students.

16 ‘‘(28) ‘Comparable services’ refers to services of

17 a substantially equivalent nature, duration, intensity,

18 method, and effectiveness.

19 ‘‘(29) ‘Comparable needs’ refers to identified

20 needs of children for services to address substan21 tially similar needs, problems, or conditions, and

22 may be measured in terms of age or grade level,

23 family income, and behavioral and academic indicia

24 of need.
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1 ‘‘(30) ‘High-level knowledge and skills’ include

2 the ability to reason, to read, understand, interpret,

3 and analyze complex material in a broad range of

4 academic subjects; to use quantitative skills for plan5 ning, analysis, and problem solving; to speak and

6 write effectively; to produce as well as to reproduce

7 knowledge; and to work cooperatively in teams as

8 well as to think and act independently.

9 ‘‘(31) ‘Broad and challenging curriculum’ en10 compasses material that will foster the mastery of

11 high level knowledge and skills in disciplines, includ12 ing but not limited to, reading, writing, mathe13 matics, science, history, and geography.

14 ‘‘(32) The term ‘native language,’ when used

15 with reference to an individual, means the language

16 normally used by such individuals, or, in the case of

17 a child, the language normally used by the parents

18 of the child.’’.

19 TITLE III—BILINGUAL

20 EDUCATION

21 SEC. 301. BILINGUAL EDUCATION.

22 Title VII of the Elementary and Secondary Edu23 cation Act of 1965 is amended to read as follows:
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1 ‘‘TITLE VII—BILINGUAL

2 EDUCATION PROGRAMS

3 ‘‘SEC. 7001. SHORT TITLE.

4 ‘‘This title may be cited as the ‘Bilingual Education Act’.

5 ‘‘SEC. 7002. FINDINGS, POLICY, AND PURPOSE.

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

7 ‘‘(1) language-minority Americans constitute a

8 large and growing proportion of the Nation’s popu9 lation;

10 ‘‘(2) language-minority Americans speak vir11 tually all world languages plus many that are indige12 nous to the United States;

13 ‘‘(3) while language-minority Americans live in

14 all parts of the Nation, they are highly concentrated

15 in certain States and communities;

16 ‘‘(4) the presence of language-minority Ameri17 cans is related to past and current Federal actions

18 and policies respecting territorial acquisition, immi19 gration, refugee protection, the conduct of national

20 diplomacy, and the prosecution of wars;

21 ‘‘(5) many language-minority Americans are

22 limited in their English proficiency, and many have

23 limited education and income;

24 ‘‘(6) limited-English-proficient children, like all

25 other children, have diverse educational needs and
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1 strengths and therefore require access to all edu2 cational programs and services;

3 ‘‘(7) many language-minority and limited-Eng4 lish-proficient students continue to be deprived of

5 equal educational opportunity, and the Federal Gov6 ernment has a special and continuing obligation to

7 assist in providing equal educational opportunity and

8 eliminating segregation;

9 ‘‘(8) the Federal Government has a responsibil10 ity for the education of American Indians and a spe11 cial obligation to Native Alaskans, Native Hawaiians

12 and native residents of the territories and freely as13 sociated nations to redress the effect of past Federal

14 policies which repressed native languages and cul15 tures;

16 ‘‘(9) research has shown that linguistically in17 appropriate educational practices, including invalid

18 and unreliable assessments, contribute to a wide

19 range of serious education problems affecting lan20 guage-minority and limited-English-proficient stu21 dents including high rates of student grade reten22 tion, overrepresentation in special education pro23 grams, under-representation in gifted and talented

24 education programs, disproportionate tracking into
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1 noncollegiate and occupational dead-end programs,

2 and high school dropout rates;

3 ‘‘(10) many institutions of higher education fail

4 to appropriately prepare teachers, administrators

5 and other school personnel to understand and build

6 upon the educational strengths and needs of lan7 guage-minority and culturally diverse student enroll8 ments;

9 ‘‘(11) it is the responsibility of all schools to en10 sure that limited-English-proficient students master

11 English and develop high levels of academic attain12 ment in content areas;

13 ‘‘(12) a primary means by which a child learns

14 is through the use of the child’s native language,

15 cultural heritage, and instructional programs which

16 utilize and build upon a child’s non-English native

17 language and cultural heritage promote parent and

18 community involvement in education, and student

19 self-esteem, proficiency in English and subject mat20 ter achievement;

21 ‘‘(13) quality bilingual programs enable chil22 dren to learn English and meet high academic

23 standards including proficiency in more than one

24 language;
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1 ‘‘(14) as the world becomes increasingly inter2 dependent and as international communication be3 comes a daily occurrence in government, business,

4 commerce, and family life, multilingual skills con5 stitute an important national resource which de6 serves protection and development;

7 ‘‘(15) educational technology has the potential

8 for improving the education of language-minority

9 and limited-English-proficient students and their

10 families, and the Federal Government should foster

11 this development; and

12 ‘‘(16) research, development, implementation

13 and dissemination of effective bilingual education

14 methods, practices, and programs are essential to

15 systemwide school reform that improves education

16 for all children.

17 ‘‘(b) POLICY.—Congress declares it to be the policy

18 of the United States to promote educational excellence and

19 equal educational opportunity for all children including

20 language-minority and limited-English-proficient students

21 by developing the capacity of State and local educational

22 agencies, institutions of higher education, and community

23 based organizations to deliver bilingual education pro24 grams and services.
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1 ‘‘(c) PURPOSE.—The purpose of this title is to de2 velop—

3 ‘‘(1) systemic improvement and reform of edu4 cational programs serving language-minority and

5 limited-English-proficient students through the de6 velopment and implementation of exemplary bilin7 gual education programs;

8 ‘‘(2) a national network of information collec9 tion and dissemination, research, materials develop10 ment, and technical assistance including support for

11 program evaluations and student assessments which

12 is focused on school improvement for language-mi13 nority and limited-English-proficient students; and

14 ‘‘(3) programs which strengthen and improve

15 the professional training of educational personnel

16 who work with limited-English-proficient and lan17 guage-minority students.

18 ‘‘SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘(a) IN GENERAL.—There are authorized to be ap20 propriated $300,000,000 for the fiscal year 1994,

21 $450,000,000 for the fiscal year 1995, $500,000,000 for

22 the fiscal year 1996, $550,000,000 for fiscal year 1997

23 and such sums in subsequent years for the purpose of car24 rying out the provisions of this title.
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1 ‘‘(b) DISTRIBUTION.—From the sums appropriated

2 under subsection (a) for any fiscal year, the Secretary

3 shall reserve 60 percent for the programs carried out

4 under part A, 15 percent for part B and 25 percent for

5 part C of this title;

6 ‘‘(c) EVALUATION.—Of the funds provided under this

7 title, 0.5 percent shall be reserved for evaluation of activi8 ties conducted under this title. Such evaluations shall be

9 conducted for at least a representative sample of each type

10 of grants for the purpose of improving instructional prac11 tice through identification and dissemination of exemplary

12 models and products through the national bilingual edu13 cation network and other means. Evaluation of part A pro14 grams shall be conducted in accordance with the provi15 sions set out in section 7037.

16 ‘‘(d) REVIEW.—Of funds provided under this title,

17 the Secretary may use 0.15 percent for costs associated

18 with monitoring implementation and outcomes of grants

19 made under this title. Permissible costs include, but are

20 not limited to travel, field visits and program evaluation.

21 ‘‘SEC. 7004. DEFINITIONS; REGULATIONS:

22 ‘‘(a) GENERAL RULE.—For purposes of this title—

23 ‘‘(1) The term ‘native language’, when used

24 with reference to an individual, means the language

25 normally used by such individuals, or, in the case of
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1 a child, the language normally used by the parents

2 of the child.

3 ‘‘(2) The term ‘language-minority’ means—

4 ‘‘(A) individuals whose native language is

5 other than English;

6 ‘‘(B) individuals who usually speak a lan7 guage other than English or come from home

8 environments where a language other than Eng9 lish is usually spoken; or

10 ‘‘(C) American Indians, Alaskan Natives,

11 and Hawaiian Natives and native residents of

12 the territories and freely associated nations.

13 ‘‘(3) The term ‘limited-English-proficient’

14 means a language-minority person who has difficulty

15 understanding, speaking, reading, or writing the

16 English language at a level appropriate to his or her

17 age and grade and is, thereby, academically dis18 advantaged in programs conducted exclusively in

19 English.

20 ‘‘(4) The term ‘bilingual education’ refers to

21 educational programs for limited-English-proficient

22 students which make instructional use of both Eng23 lish and a student’s native language. Programs of

24 bilingual education must enable limited-English-pro25 ficient students to achieve English proficiency and
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1 academic mastery of subject matter content and

2 higher order skills, including critical thinking, so as

3 to meet age-appropriate grade-promotion and grad4 uation standards and national education goals. Bi5 lingual education programs may also develop the na6 tive language skills of limited-English-proficient stu7 dents, or ancestral languages of American Indians,

8 Alaskan Natives, Hawaiian Natives and native resi9 dents of the territories and freely associated nations.

10 English proficient students may participate in bilin11 gual education programs if the programs are de12 signed to enable all enrolled students to become pro13 ficient in English and a second language.

14 ‘‘(5) The term ‘special alternative instructional

15 program’ refers to educational programs for limited16 English-proficient students which utilize specially de17 signed English language curricula and services but

18 do not use the students native language for instruc19 tional purposes. Special alternative instructional pro20 grams must enable limited-English-proficient stu21 dents to achieve English proficiency and academic

22 mastery of subject matter content and higher order

23 skills, including critical thinking so as to meet age24 appropriate grade-promotion and graduation stand25 ards and national education goals. Special alter-
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1 native instructional programs are suitable for

2 schools where the diversity of the limited-English3 proficient students’ native languages and the small

4 number of students speaking each respective lan5 guage makes bilingual education impractical.

6 ‘‘(6) The term ‘family education programs’ re7 fers to bilingual education or special alternative in8 structional programs designed to help limited-Eng9 lish-proficient adults and out of school youths

10 achieve proficiency in the English language and to

11 provide instruction on how parents and family mem12 bers can facilitate the educational achievement of

13 their children. Such programs shall give preference

14 to participation by parents and immediate family

15 members of children attending school. Family edu16 cation programs may also provide instruction to fa17 cilitate higher education and employment outcomes.

18 ‘‘(7) The term ‘institution of higher education’

19 has the meaning given such term in section 1201 (a)

20 of the Higher Education Act of 1965.

21 ‘‘(8) The term ‘Office’ means the Office of Bi22 lingual Education and Minority Languages Affairs.

23 ‘‘(9) The term ‘Assistant Secretary’ means the

24 Assistant Secretary of the Office of Bilingual Edu25 cation and Minority Languages Affairs.
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1 ‘‘(10) The term ‘Secretary’ means the Secretary

2 of Education.

3 ‘‘(11) The term ‘articulation agreement’ means

4 a commitment to a postsecondary program, which

5 may include secondary school programs, designed to

6 provide students with a nonduplicative sequence of

7 progressive achievement leading to meeting profes8 sional standards and certification as a bilingual

9 teacher.

10 ‘‘(12) The term ‘community college’ has the

11 meaning given such term in section 1201 (a) of the

12 Higher Education Act of 1965 for an institution

13 which provides not less than a 2-year program which

14 is acceptable for full credit toward a bachelor’s de15 gree, including institutions receiving assistance

16 under the Tribally Controlled Community College

17 Assistance Act of 1978.

18 ‘‘(13) The term ‘bilingual career ladder pro19 gram’ means a program, linking elementary or sec20 ondary schools and postsecondary institutions, which

21 is open to participation by educational personnel and

22 to secondary and postsecondary students, which—

23 ‘‘(A) leads to certification as a bilingual

24 teacher; and

25 ‘‘(B) leads to placement in employment.
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1 ‘‘(14) The term ‘paraprofessional’ means an in2 dividual who is employed in preschool or elementary

3 or secondary school under the supervision of a cer4 tified or licensed teacher, including individuals em5 ployed in bilingual education, special education and

6 migrant education.

7 ‘‘(15) The term ‘local educational agency’

8 means a public board of education or other public

9 authority legally constituted within a State for either

10 administrative control or direction of, or to perform

11 a service or function for, public elementary or sec12 ondary schools in a city, county, township, school

13 district or other political subdivision of a State or

14 such combination of school districts or counties as

15 are recognized in a State as an administrative agen16 cy for its public elementary or secondary schools.

17 Such term includes any other public institution or

18 agency having administrative control and direction

19 of a public elementary or secondary school as well as

20 those local government agencies separate from the

21 State Department of Education whose mission is the

22 preservation and maintenance of native languages.

23 For the purpose of carrying out programs under this title

24 for individuals served by elementary, secondary or post25 secondary schools operated predominantly for Indian or
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1 Alaskan or Hawaiian Native students, an Indian tribe or

2 tribally sanctioned educational authority may be consid3 ered a local educational agency as such term is used in

4 this title, subject to the following qualifications:

5 ‘‘(A) The term ‘Indian tribe’ means any

6 Indian tribe, band, nation or other organized

7 group or community, including any Alaska Na8 tive village or regional or village corporations as

9 defined in or established pursuant to the Alas10 kan Native Claims Settlement Act (85 Stat.

11 588) which is recognized for the special pro12 grams and services provided by the United

13 States to Indians because of their status as In14 dians.

15 ‘‘(B) The term ‘tribally sanctioned edu16 cational authority’ means any department or di17 vision of education operating within the admin18 istrative structure of the duly constituted gov19 erning body of an Indian tribe, as well as any

20 nonprofit institution or organization which is

21 chartered by the governing body of an Indian

22 tribe to operate any such school or oversee de23 livery of educational services to members of

24 that tribe which is approved by the Secretary

25 for the purposes of this section.
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1 ‘‘(16) The term ‘other relevant local, State, and

2 Federal programs’ includes Head Start, Even Start,

3 Chapter 1 of the Elementary and Secondary Edu4 cation Act, Individuals With Disabilities Educational

5 Act, foreign language education, Eisenhower Math

6 and Science programs, magnet schools, vocational

7 and applied technology education, adult education,

8 the National Literacy Act, Job Training Partnership

9 Act, and Job Opportunities and Basic Skills Train10 ing Program, Vocational and Applied Technology

11 Education Act, and the Library Services and Con12 struction Act.

13 ‘‘(17) The term ‘community-based organization’

14 means a private nonprofit organization or Indian

15 tribe or tribally sanctioned educational authority

16 which is representative of a community or significant

17 segments of a community and which provides edu18 cational or related services to individuals in the com19 munity.

20 ‘‘(b) REGULATION RULE.—(1) In prescribing regula21 tions under this title, the Secretary shall consult with

22 State and local educational agencies, organizations rep23 resenting persons of limited English proficiency, and orga24 nizations representing teachers and other personnel in25 volved in bilingual education.
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1 ‘‘(2) The Secretary shall not prescribe any regula2 tions under this title that further define the terms defined

3 in subsection (a) or any regulations restricting or expand4 ing the definitions set out in subsection (a).

5 ‘‘(c) SPECIAL INFORMATION RULE.—Parents of chil6 dren participating in programs assisted under this title

7 shall be informed of—

8 ‘‘(1) a student’s level of English proficiency,

9 how it was assessed, the status of a student’s aca10 demic achievement and the implications of a stu11 dent’s educational strengths and needs for age and

12 grade appropriate academic attainment, promotion,

13 and graduation;

14 ‘‘(2) what programs are available to meet the

15 student’s educational strengths and needs and how

16 the programs differ in content and instructional

17 goals, and in the case of a handicapped student, how

18 the program meets the objectives of a student’s indi19 vidualized education plan;

20 ‘‘(3) the instructional goals of the bilingual edu21 cation or special alternative instructional program,

22 and how the program will specifically help the lim23 ited-English-proficient student acquire English and

24 meet age-appropriate standards for grade-promotion

25 and graduation;
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1 ‘‘(4) parents shall also be informed that they

2 have the option of declining enrollment of their chil3 dren in such programs and shall be given an oppor4 tunity to do so if they so choose;

5 ‘‘(5) every effort shall be made to provide infor6 mation required by this subsection in a language

7 and form that is comprehensible to the parents; and

8 ‘‘(6) no action may involve the admission or ex9 clusion of students to or from any federally assisted

10 education program merely on the basis of the sur11 names or language-minority status of such students.

12 ‘‘PART A—BILINGUAL EDUCATION CAPACITY AND

13 DEMONSTRATION GRANTS

14 ‘‘SEC. 7021. PURPOSE OF GRANTS.

15 ‘‘Grants under this part shall be used to develop the

16 capacity of educational agencies, institutions of higher

17 education, and community-based organization providers of

18 educational programs and services to initiate, develop, en19 hance or improve bilingual education or special alternative

20 instruction programs for limited-English-proficient stu21 dents.

22 ‘‘SEC. 7022. PROGRAM DEVELOPMENT AND IMPLEMENTA23 TION GRANTS.

24 ‘‘(a) PURPOSE.—The purpose of this section is to

25 provide financial assistance to eligible applicants to de-
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1 velop and implement new comprehensive, coherent, and

2 successful bilingual education or special alternative in3 structional programs for limited-English-proficient stu4 dents including programs of early childhood education, K5 12 education, special education, gifted and talented edu6 cation, and vocational and applied technology education.

7 ‘‘(b) PROGRAM AUTHORIZED.—

8 ‘‘(1) The Secretary is authorized to make pro9 gram development and implementation grants of up

10 to $100,000 annually for 5 years to eligible appli11 cants.

12 ‘‘(2) Grants approved under this section shall

13 be used to improve the education of limited-English14 proficient students and their families by—

15 ‘‘(A) developing and implementing com16 prehensive preschool, elementary, or secondary

17 bilingual education or special alternative in18 structional programs that are coordinated with

19 other relevant programs and services to meet

20 the full range of educational needs of limited21 English-proficient students;

22 ‘‘(B) providing inservice training to class23 room teachers, administrators, and other school

24 or community-based organizational personnel to

25 improve the instruction and assessment of lan-
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1 guage-minority and limited-English-proficient

2 students; and

3 ‘‘(C) implementing family education pro4 grams and activities.

5 ‘‘(c) PROGRAM PLAN.—To be eligible to receive a

6 grant under this section, eligible applicants shall submit

7 a plan of operation as part of the application provided for

8 in section 7027 which includes—

9 ‘‘(1) a description of the population to be

10 served, their educational needs, and the approximate

11 number of participants in the proposed program;

12 ‘‘(2) a description of the instructional program,

13 student services, inservice training, and family edu14 cation programs to be provided under the grant;

15 ‘‘(3) a description, if appropriate, of the rela16 tionship between the proposed program and other

17 school improvement efforts of the applicant pursuant

18 to local or State education improvement plans, in19 cluding any developed under Goals 2000 or Chapter

20 1;

21 ‘‘(4) a description of the program’s goals and

22 expected student outcomes and methods for monitor23 ing attainment of those goals and outcomes;

24 ‘‘(5) a description, if appropriate, of the appli25 cant’s collaborative activities with institutions of
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1 higher education, community-based organizations,

2 local or State educational agencies, private schools,

3 nonprofit organizations or businesses in carrying out

4 the proposed program;

5 ‘‘(6) a description of how the proposed program

6 will be coordinated with other local, State, and Fed7 eral programs and how the resources of those pro8 grams will be used for the education of limited-Eng9 lish-proficient students and contribute to the attain10 ment of the goals described in the grant application;

11 and

12 ‘‘(7) a budget for grant funds.

13 ‘‘(d) ELIGIBLE ENTITIES.—A grant may be made

14 under this section only upon application by one or more

15 local educational agencies, applying alone or in collabora16 tion with an institution of higher education, community17 based organization or local or State educational agency.

18 A grant also may be made under this section upon applica19 tion by a community-based organization to develop and

20 implement early childhood education or family education

21 programs or to conduct an instructional program which

22 supplements the educational services provided by a local

23 educational agency.
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1 ‘‘(e) PRIORITY.—The Secretary shall give priority to

2 applications for early childhood education and secondary

3 education programs.

4 ‘‘SEC. 7023. PROGRAM ENHANCEMENT PROJECTS.

5 ‘‘(a) PURPOSE.—The purpose of this section is to

6 provide financial assistance to eligible applicants to carry

7 out highly focused, innovative, locally designed projects to

8 expand or enhance existing bilingual education or special

9 alternative instructional programs for limited-English-pro10 ficient students.

11 ‘‘(b) PROGRAM AUTHORIZED.—

12 ‘‘(1) The Secretary is authorized to make pro13 gram enhancement project grants of up to $100,000

14 for 2 years to eligible applicants.

15 ‘‘(2) Grants approved under this section may be

16 used for—

17 ‘‘(A) improving the instructional program

18 for limited-English-proficient students by up19 grading curriculum, instructional materials, and

20 assessment procedures and, if appropriate, ap21 plying educational technology;

22 ‘‘(B) providing inservice training to class23 room teachers, administrators, and other school

24 or community-based organization personnel to

25 improve the instruction and assessment of lan-
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1 guage-minority and limited-English-proficient

2 students;

3 ‘‘(C) implementing family education pro4 grams and activities; and

5 ‘‘(D) providing intensified instruction.

6 ‘‘(c) PROJECT PLAN.—To be eligible to receive a

7 grant under this section, eligible applicants shall submit

8 a plan of operation as part of the application provided for

9 in section 7027 which includes—

10 ‘‘(1) a description of the population to be

11 served, their educational needs, and the approximate

12 number of participants in the proposed project;

13 ‘‘(2) a description of the existing bilingual edu14 cation or special alternative instruction program

15 which the project is designed to enhance;

16 ‘‘(3) a description of proposed project activities;

17 ‘‘(4) a description, if appropriate, of the rela18 tionship between the proposed project and other

19 school improvement efforts of the applicant pursuant

20 to local or State education improvement plans in21 cluding any developed under Goals 2000 or Chapter

22 1;

23 ‘‘(5) a description of the project’s goals and ex24 pected student outcomes and methods for monitor25 ing attainment of those goals and outcomes;
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1 ‘‘(6) a description, if appropriate, of the appli2 cant’s collaborative activities with institutions of

3 higher education, community based organizations,

4 local or State educational agencies, private schools,

5 nonprofit organizations or businesses in carrying out

6 the proposed project;

7 ‘‘(7) a description of how the proposed project

8 will be coordinated with other local, State, and Fed9 eral programs and how the resources of those pro10 grams will be used for the education of limited-Eng11 lish-proficient students and contribute to the attain12 ment of the goals described in the grant application;

13 and

14 ‘‘(8) a budget for grant funds.

15 ‘‘(d) ELIGIBLE ENTITIES.—A grant may be made

16 under this section only upon application by one or more

17 local educational agencies, applying alone or in collabora18 tion with an institution of higher education, community19 based organization or local or State educational agency.

20 A grant also may be made under this section upon applica21 tion by a community-based organization to enhance early

22 childhood education or family education programs or to

23 conduct an instructional project which supplements the

24 educational services provided by a local educational agen25 cy.
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1 ‘‘SEC. 7024. WHOLE-SCHOOL PROGRAMS.

2 ‘‘(a) PURPOSE.—The purpose of this section is to

3 provide financial assistance to eligible applicants to re4 form, restructure, and upgrade all relevant programs and

5 operations within an individual school to fulfill the com6 prehensive educational needs of all of a school’s limited7 English-proficient students and their families.

8 ‘‘(b) PROGRAM AUTHORIZED.—

9 ‘‘(1) The Secretary is authorized to make 5-

10 year grants of up to $100,000 for the first year and

11 up to $250,000 for each of the subsequent 4 years

12 to eligible applicants.

13 ‘‘(2) Grants approved under this section shall

14 be used to improve education of limited-English-pro15 ficient students and their families by reviewing, re16 structuring, and upgrading—

17 ‘‘(A) the school’s instructional program for

18 limited-English-proficient students including

19 curriculum, instructional materials, and assess20 ment systems, and, if appropriate, applying

21 educational technology;

22 ‘‘(B) inservice training for all school staff

23 and, if appropriate, for community-based orga24 nization personnel;

25 ‘‘(C) family education programs and activi26 ties; and
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1 ‘‘(D) intensified instruction.

2 ‘‘(3) During the first year of the grant, funds

3 may only be used for preparatory activities including

4 planning, training, curriculum development, and ma5 terials acquisition or development.

6 ‘‘(c) PROJECT PLAN.—To be eligible to receive a

7 grant under this section, eligible applicants shall submit

8 a plan of operation as part of the application provided for

9 in section 7027 which includes—

10 ‘‘(1) a description of the population to be

11 served, their educational needs, and the approximate

12 number of participants in the proposed program;

13 ‘‘(2) a description of the instructional program,

14 student services, inservice training, and family edu15 cation programs to be provided under the grant;

16 ‘‘(3) a description, if appropriate, of the rela17 tionship between the proposed program and other

18 school improvement efforts of the applicant pursuant

19 to local or State education improvement plans in20 cluding any developed under Goals 2000 or Chapter

21 1;

22 ‘‘(4) a description of the program’s goals and

23 expected student outcomes and methods for monitor24 ing attainment of those goals and outcomes;
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1 ‘‘(5) a description, if appropriate, of the appli2 cant’s collaborative activities with institutions of

3 higher education, community-based organizations,

4 local or State education agencies, private schools,

5 nonprofit organizations or businesses in carrying out

6 the proposed program;

7 ‘‘(6) a description of how the proposed program

8 will be coordinated with other local, State, and Fed9 eral programs and how the resources of those pro10 grams will be used for the education of limited-Eng11 lish-proficient students and contribute to the attain12 ment of the goals described in the grant application;

13 and

14 ‘‘(7) a budget for grant funds.

15 ‘‘(d) ELIGIBLE ENTITIES.—A grant may be made

16 under this section only upon application by one or more

17 local educational agencies, applying alone or in collabora18 tion with an institution of higher education, community19 based organizations or local or State educational agency.

20 ‘‘(e) PRIORITY.—The Secretary shall give priority to

21 applications for schools which enroll a large portion of lim22 ited-English-proficient students.

23 ‘‘SEC. 7025. SYSTEM-WIDE IMPROVEMENT GRANTS.

24 ‘‘(a) PURPOSE.—The purpose of this section is to

25 provide financial assistance to improve, reform, and up-
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1 grade relevant programs and operations with an entire

2 local or state education agency to fulfill the comprehensive

3 educational needs of all the agency’s limited-English-pro4 ficient students and their families.

5 ‘‘(b) PROGRAM AUTHORIZED.—

6 ‘‘(1) The Secretary is authorized to make 5-

7 year grants of up to $1,000,000 for the first year

8 and up to $5,000,000 for each of the subsequent 4

9 years to eligible applicants.

10 ‘‘(2) Grants approved under this section shall

11 be used to improve education of limited-English-pro12 ficient students and their families by reviewing, re13 structuring, and upgrading—

14 ‘‘(A) educational goals, curriculum guide15 lines and content, standards and assessments;

16 ‘‘(B) personnel policies and practices in17 cluding recruitment, certification, staff develop18 ment, and assignment;

19 ‘‘(C) student grade-promotion and gradua20 tion requirements;

21 ‘‘(D) student assignment policies and prac22 tices;

23 ‘‘(E) program delivery standards, manage24 ment information and accountability systems;
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1 ‘‘(F) instructional and extracurricular pro2 grams and services; and

3 ‘‘(G) application of educational technology.

4 ‘‘(3) During the first year of the grant, funds

5 may only be used for preparatory activities including

6 planning, training, and development.

7 ‘‘(c) GRANT PLAN.—To be eligible to receive a grant

8 under this section, eligible applicants shall submit a plan

9 of operation as part of the application provided for in sec10 tion 7027 which includes—

11 ‘‘(1) a description of the population to be

12 served, their educational needs, and the approximate

13 number of persons involved in or benefiting from the

14 grant;

15 ‘‘(2) a description of the activities which would

16 be carried out under the grant;

17 ‘‘(3) a description, if appropriate, of the rela18 tionship between the proposed grant activities and

19 other school improvement efforts of the applicant

20 pursuant to local or State education improvement

21 plans, including any developed under Goals 2000 or

22 Chapter 1;

23 ‘‘(4) a description of the grant’s goals and ex24 pected outcomes and methods for monitoring attain25 ment of those goals and outcomes;
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1 ‘‘(5) a description, if appropriate, of the appli2 cant’s collaborative activities with institutions of

3 higher education, community-based organizations,

4 local or State education agencies, private schools,

5 nonprofit organizations or businesses in carrying out

6 grant activities;

7 ‘‘(6) a description of how grant activities will be

8 coordinated with other local, State, and Federal pro9 grams and how the resources of those programs will

10 be used for the education of limited-English-pro11 ficient students and contribute to the attainment of

12 the goals described in the grant application; and

13 ‘‘(7) a budget for grant funds.

14 ‘‘(d) ELIGIBLE ENTITIES.—A grant may be made

15 under this section only upon application by one or more

16 local or State educational agencies, applying alone or in

17 collaboration with an institution of higher education, com18 munity-based organization or local or State educational

19 agency.

20 ‘‘(e) PRIORITY.—The Secretary shall give priority to

21 applications from—

22 ‘‘(1) applicants which enroll a large proportion

23 of limited-English-proficient students; and
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1 ‘‘(2) consortia of eligible applicants to serve

2 limited-English-proficient students in rural and lin3 guistically isolated settings.

4 ‘‘SEC. 7026. GRANT EVALUATION REGULATIONS AND RE5 QUIRED REPORTS.

6 ‘‘(a) REGULATIONS.—The Secretary shall issue, not

7 later than 6 months after the date of the enactment of

8 this Act, regulations which set forth a comprehensive de9 sign for assessing and reporting on activities supported

10 by grants under this part. The regulations shall be devel11 oped by the Secretary in consultation with the evaluation

12 and assessment centers authorized in section 7037, State

13 and local directors of bilingual education programs, and

14 individuals and organizations with expertise in assessing

15 limited-English-proficient students and evaluating edu16 cational programs for limited-English-proficient students

17 and their families. The regulations shall provide for the

18 collection of formative information and data describing

19 grant context, activities, and implementation as well as

20 summative information and data on grant outcomes, the

21 extent to which grant goals were achieved, and how im22 provement efforts will continue after the conclusion of the

23 grant. The regulations shall provide for critical consider24 ation of the validity, reliability, and fairness of measure25 ment instruments and procedures, including portfolio and
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1 performance assessments, used to evaluate grant activities

2 and their utility for improving educational outcomes.

3 ‘‘(b) EVALUATION REPORTS.—

4 ‘‘(1) Not later than 6 months after the comple5 tion of each grant year recipients of grants under

6 sections 7021, 7023, and 7024 shall submit to the

7 Secretary an annual evaluation report which con8 forms to the regulations developed pursuant to this

9 section; and

10 ‘‘(2) not later than 6 months after the comple11 tion of the final grant tear, all recipients of grants

12 under Part A shall submit to the Secretary and, if

13 applicable, to the appropriate State educational

14 agency, a final evaluation report, and summary,

15 which conforms to the regulations authorized by the

16 section.

17 ‘‘SEC. 7027. APPLICATIONS.

18 ‘‘(a) SUBMISSION.—To receive a grant under this

19 part, applicants shall submit an application to the Sec20 retary in such form and containing such information as

21 the Secretary may require:

22 ‘‘(1) An application for a grant under this part

23 shall be developed in consultation with an advisory

24 council—
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1 ‘‘(A) which with respect to applications by

2 State educational agencies, shall be composed of

3 representatives from the local educational agen4 cies, institutions of higher education, and non5 profit organizations located in the State;

6 ‘‘(B) which with respect to applications by

7 other applicants eligible under this part, shall

8 be composed of representatives of those entities

9 responsible for implementing grant activities

10 and parents and other relatives of the children

11 to be served in such programs; parents shall

12 comprise a majority of all council members;

13 ‘‘(C) and accompanied by documentation

14 of such consultations and by the comments

15 which the council makes on the application; and

16 ‘‘(D) contain an assurance that, after the

17 application has been approved, the applicant

18 will ensure continuing consultation and involve19 ment of the council and will provide support of

20 additional advisory council activities if support

21 is requested by the advisory council.

22 ‘‘(2) All applicants for grants under this part,

23 except for those applicants identified in section

24 7004(a)(15)(A) and section 7004(a)(17), shall sub25 mit a copy of the application to the relevant State
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1 educational agency. The State educational agency

2 may submit to the Secretary written comments on

3 the application and rank-listings of applications with

4 respect to how the applications further State edu5 cation improvement plans including any developed

6 under Goals 2000 or Chapter 1. The Secretary shall

7 take comments and rankings into consideration

8 when funding applications under this part.

9 ‘‘(b) REQUIRED DOCUMENTATION.—Such applica10 tion shall include documentation that the applicant has

11 the qualified personnel required to develop, administer,

12 and implement the program required by this part.

13 ‘‘(c) APPROVAL OF APPLICATIONS.—An application

14 for a grant under this part may be approved only if the

15 Secretary determines that—

16 ‘‘(1) the program will use qualified personnel,

17 including those personnel who are proficient in the

18 language or languages used for instruction;

19 ‘‘(2) in designing the program for which appli20 cation is made, the needs of children in nonprofit

21 private elementary and secondary schools have been

22 taken into account through consultation with appro23 priate private school officials and, consistent with

24 the number of such children enrolled in such schools

25 in the area to be served whose educational needs are
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1 of the type and whose language and grade levels are

2 of a similar type which the program is intended to

3 address, after consultation with appropriate private

4 school officials, provision has been made for the par5 ticipation of such children on a basis comparable to

6 that provided for public school children;

7 ‘‘(3) student evaluation and assessment proce8 dures in the program are valid, reliable, and fair for

9 limited-English-proficient students, and that limited10 English-proficient students who are disabled are

11 identified and served in accordance with the require12 ments of the Individuals with Disabilities Education

13 Act;

14 ‘‘(4) Federal funds made available for the

15 project or activity will be used so as to supplement

16 the level of State and local funds that, in the ab17 sence of such Federal funds, would have been ex18 pended for special programs for children of limited

19 English proficiency and in no case to supplant such

20 State and local funds, except that nothing in this

21 paragraph shall preclude a local educational agency

22 from using funds under this title for activities car23 ried out under an order of a court of the United

24 States or of any State respecting services to be pro25 vided such children, or to carry out a plan approved
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1 by the Secretary as adequate under title VI of the

2 Civil Rights Act of 1964 with respect to services to

3 be provided such children;

4 ‘‘(5) the assistance provided under the applica5 tion will contribute toward building the capacity of

6 the applicant to provide a program on a regular

7 basis, similar to that proposed for assistance, which

8 will be of sufficient size, scope, and quality to prom9 ise significant improvement in the education of stu10 dents of limited-English-proficiency, and that the ap11 plicant will have the resources and commitment to

12 continue the program when assistance under this

13 title is reduced or no longer available;

14 ‘‘(6) the applicant will provide or secure train15 ing for personnel participating in or preparing to

16 participate in the program which will assist them in

17 meeting State and local certification requirements

18 and that, to the extent possible, college or university

19 credit will be awarded for such training; and

20 ‘‘(7) the applicant provides for utilization of the

21 bilingual education network and other State and na22 tional dissemination sources for program design and

23 in dissemination of results and products.

24 ‘‘(d) SPECIAL CONSIDERATION AND PRIORITIES.—
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1 ‘‘(1) The Secretary shall give priority to appli2 cations which provide for the development of bilin3 gual proficiency for all participating students.

4 ‘‘(2) Grants for special alternative instructional

5 programs shall not exceed 25 percent of the funds

6 provided for any type of grant under any section or

7 of total funds provided under this part.

8 ‘‘(3) In approving applications under this part,

9 the Secretary shall give consideration to the degree

10 to which the program for which assistance is sought

11 involves the collaborative efforts of institutions of

12 higher education, community-based organizations,

13 the appropriate local and State educational agency,

14 or business.

15 ‘‘(4) The Secretary shall ensure that projects

16 funded under this part address the full needs of

17 school systems of all sizes and geographical areas,

18 including rural schools.

19 ‘‘(e) INTENSIFIED INSTRUCTION.—In carrying out

20 this title, each grantee may intensify instruction for lim21 ited-English-proficient students by—

22 ‘‘(1) lowering student-teacher classroom ratios;

23 ‘‘(2) expanding the educational calendar of the

24 school in which such student is enrolled to include
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1 programs before and after school and during the

2 summer months;

3 ‘‘(3) expanding the use of professional and vol4 unteer aids;

5 ‘‘(4) applying technology to the course of in6 struction; and

7 ‘‘(5) providing intensified instruction through

8 supplementary instruction or activities, including

9 educationally enriching extracurricular activities,

10 during times when school is not routinely in session.

11 ‘‘SEC. 7028. PROGRAMS IN PUERTO RICO.

12 ‘‘Programs authorized under this title in the Com13 monwealth of Puerto Rico may, notwithstanding any other

14 provisions of this title, include programs of instruction,

15 teacher training, curriculum development, research, eval16 uation, and assessment and testing designed to improve

17 both the English language proficiency of limited-English18 proficient students and the Spanish language proficiency

19 of limited-Spanish-proficient students.

20 ‘‘SEC. 7029. INDIAN CHILDREN IN SCHOOLS.

21 ‘‘(a) BUREAU OF INDIAN AFFAIRS SCHOOLS.—From

22 the sums appropriated pursuant to section 7003, the Sec23 retary is authorized to make payments to applicants to

24 carry out programs of bilingual education for Indian chil-
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1 dren served by elementary and secondary schools operated

2 or funded by the Bureau of Indian Affairs.

3 ‘‘(b) ANNUAL REPORT.—(1) The Assistant Secretary

4 of the Interior for the Bureau of Indian Affairs in collabo5 ration with the Secretary shall submit to the Congress,

6 the President, and the Secretary, by September 30 of each

7 year, a report which provides—

8 ‘‘(A) an assessment of the educational outcomes

9 and needs of Indian children with respect to the pur10 poses of this title in schools operated or funded by

11 the Department of the Interior, including tribes and

12 local educational agencies receiving assistance under

13 the Johnson-O’Malley Act and the Native American

14 Languages Act; and

15 ‘‘(B) an assessment of the extent to which such

16 needs are being met by funds provided to such

17 schools for educational purposes through the Sec18 retary of the Interior.

19 ‘‘(2) The results presented in this report shall be in20 cluded in the report under section 7051(c) of this Act.

21 ‘‘PART B—RESEARCH, DEVELOPMENT AND

22 DISSEMINATION

23 ‘‘SEC. 7031. PURPOSE.

24 ‘‘The purpose of this part is to provide for the im25 proved education of limited-English-proficient and lan-
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1 guage-minority students through the establishment and

2 implementation of a national bilingual education network

3 of research, data collection, instructional materials devel4 opment, inservice training technical assistance, evaluation

5 and dissemination, working in collaboration with local,

6 State, and Federal agencies and the broader educational

7 community, to improve the education of language-minority

8 and limited-English-proficient students and their families

9 and to ensure the success of programs, projects, and ac10 tivities funded under this title.

11 ‘‘SEC. 7032. THE NATIONAL BILINGUAL EDUCATION NET12 WORK.

13 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab14 lish the national bilingual education network, referred to

15 in this part as the ‘network’. The network shall consist

16 of the National Clearinghouse on Bilingual Education, the

17 Evaluation and Assessment Centers, and the

18 Multifunctional Resource Centers, and shall operate in

19 close collaboration with the Department’s research, devel20 opment and dissemination activities, including the Blue

21 Ribbon Schools Program, the National Diffusion Network,

22 the Educational Resources and Information Centers, the

23 National Center for Research on Vocational Education,

24 the regional education labs and centers operated by the

25 Office of Educational Research and Improvement and
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1 local and State education agencies. The network shall pro2 vide a coherent system of research, instructional materials,

3 development, technical assistance, and dissemination to

4 practitioners, parents, and the public of information on

5 language and education, including the roles of multilingual

6 skills and bilingual education.

7 ‘‘(b) COLLABORATION AND COORDINATION OF DIS8 SEMINATION.—The Secretary shall ensure that in con9 ducting activities under this part, grantees shall collabo10 rate with entities operated by the Department and other

11 agencies, including the National Dissemination Network,

12 the Educational Resources and Information centers, the

13 regional educational labs and centers, the entities operated

14 under the Carl D. Perkins Vocational and Applied Tech15 nology Education Act, the Individuals with Disabilities

16 Education Act, and the National Occupational Informa17 tion Coordinating Committee. Each grantee under this

18 part shall be responsible for providing copies of materials

19 developed under the grant to the national clearinghouse

20 on bilingual education for broader dissemination. The Sec21 retary shall provide abstracts and relevant information re22 garding funded projects and State and local educational

23 agency services to language-minority and limited-English24 proficient students to the national clearinghouse on bilin25 gual education. The Secretary shall also use existing dis-
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1 semination systems within the Department to ensure

2 broad access at the State and local levels to information

3 on exemplary instructional programs and related services

4 for limited-English-proficient students and their families.

5 ‘‘(c) GIFTS, BEQUESTS, AND DEVISES.—The entities

6 of the national bilingual education network may accept

7 (but not solicit), use, and dispose of gifts, bequests, or

8 devises of services or property, both real and personal for

9 the purpose of aiding or facilitating the work of the na10 tional bilingual education network. Gifts, bequests, or de11 vises of money and proceeds from sales of other property

12 received as gifts, bequests or devises shall be deposited in

13 the Treasury and shall be available for disbursement upon

14 order to the national clearinghouse on bilingual education,

15 the Evaluation and Assessment Center or Multifunctional

16 Resource Center, respectively.

17 ‘‘SEC. 7033. RESEARCH.

18 ‘‘(a) RESEARCH ACTIVITIES.—The Secretary shall

19 provide through competitive grants to institutions of high20 er education, nonprofit and for-profit organizations, and

21 local and State educational agencies, for research studies

22 which are of practical application to teachers, counselors,

23 paraprofessionals, school administrators, parents, and oth24 ers involved in improving the education of limited-English25 proficient students and their families.
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1 ‘‘(b) AUTHORIZED ACTIVITIES.—

2 ‘‘(1) The Secretary shall conduct research ac3 tivities that include—

4 ‘‘(A) identifying criteria for the establish5 ment, use and monitoring of local, State, or

6 Federal education goals, content, performance

7 and delivery standards, and assessments for all

8 students that provide for valid, reliable, and fair

9 participation by limited-English-proficient and

10 language-minority students;

11 ‘‘(B) identifying determinants of appro12 priate high quality secondary school programs

13 for limited-English-proficient students, and the

14 availability of high quality curriculum-related

15 instructional materials; and

16 ‘‘(C) identifying determinants of appro17 priate high quality early childhood development

18 programs for limited-English-proficient chil19 dren, including the role of families and the

20 availability of appropriate high quality mate21 rials.

22 ‘‘(2) The Secretary is authorized to conduct re23 search activities under this part, including—

24 ‘‘(A) studies to identify models of effective

25 program articulation that provide for student
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1 success when entering English language class2 rooms while developing and maintaining pro3 ficiency in languages other than English;

4 ‘‘(B) studies of effective curricula and in5 structional strategies for the development and

6 maintenance of high levels of student pro7 ficiency in both their native language and Eng8 lish, including the role of family, community,

9 and career contexts;

10 ‘‘(C) identification of strategies for effec11 tive participation by limited-English-proficient

12 parents in their children’s education for attain13 ment of educational excellence;

14 ‘‘(D) methods of improving classification,

15 placement, and services to limited-English-pro16 ficient students including, but not limited to

17 their participation in early childhood develop18 ment programs, chapter 1, special education,

19 foreign language education, and gifted and tal20 ented education;

21 ‘‘(E) identification of methods for effective

22 delivery of bilingual education to rural schools

23 and in the less-commonly-taught languages

24 using educational technology and electronic

25 communications networks; and
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1 ‘‘(F) identification of trends in demand for

2 language skills and of career opportunities for

3 individuals with high levels of proficiency in

4 English and a second language.

5 ‘‘(c) FIELD-INITIATED RESEARCH.—The Secretary

6 shall reserve at least 5 percent of the funds available

7 under this section for field-initiated research by current

8 or recent recipients of grants under parts A or C of this

9 title. Research must be conducted by current grant recipi10 ents or by former recipients who have received such grants

11 within the previous 5 years. Field initiated research may

12 provide for longitudinal studies of students or teachers in

13 bilingual education, monitoring the education of such stu14 dents from entry in bilingual education through high

15 school completion. Applicants may submit an application

16 for field-initiated research at the same time as applica17 tions are submitted under part A or part C. The Secretary

18 shall complete a review of such applications on a timely

19 basis to allow research and program grants to proceed in

20 coordination where appropriate.

21 ‘‘SEC. 7034. COORDINATION OF RESEARCH.

22 ‘‘The Secretary, in consultation with the Assistant

23 Secretary, representatives of State and local education

24 agencies, appropriate groups and organizations involved in

25 bilingual education, the Committee on Labor and Human
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1 Resources of the Senate, and the Committee on Education

2 and Labor of the House of Representatives shall ensure

3 that research, standards and assessment development, and

4 data collection conducted or funded by the Department

5 embodies a coherent research agenda that systematically

6 addresses issues regarding the effective education of lan7 guage-minority and limited-English-proficient students

8 and their participation in system-wide school improve9 ment.

10 ‘‘SEC. 7035. EDUCATION STATISTICS.

11 ‘‘(a) DATA COLLECTION.—(1) The Secretary, in con12 sultation with the Office of Bilingual Education and Mi13 nority Languages Affairs, the Office for Civil Rights, the

14 National Center for Education Statistics and the Depart15 ment of Labor, shall modify existing general purpose and

16 program data systems to ensure that language-minority

17 and limited-English-proficient populations are included in

18 the design, implementation, and reporting of such systems

19 in order to fulfill the information reporting requirements

20 of this title. Such data systems shall include information

21 on the number of language-minority students, their lin22 guistic competencies in English and native languages, the

23 quantity and quality of educational services received by

24 such students, and the educational status of such students
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1 in relation to achieving national educational goals and

2 standards.

3 ‘‘(2) The National Center for Education Statistics

4 shall collect data on the number and qualifications of

5 teachers providing services to limited-English-proficient

6 students, the nature of such services, and the language

7 proficiencies of such teachers. Data on current and pro8 jected demand for bilingual teachers and other educational

9 personnel shall be collected, in consultation with local and

10 State educational agencies, the Bureau of Labor Statis11 tics, and the National Occupational Information Coordi12 nating Committee.

13 ‘‘(3) The Secretary, acting through the National Cen14 ter for Education Statistics and in consultation with the

15 Office of Bilingual Education and Minority Languages Af16 fairs, the National Cooperative Educational Statistics Sys17 tem and experts in bilingual education, second language

18 acquisition and English-as-a-second language, shall estab19 lish a common definition of ‘limited-English-proficient’ for

20 purposes of national data collection. Using this definition,

21 the Secretary shall provide for continuing a collection of

22 data on limited-English-proficient students as part of the

23 data systems operated by the Department.
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1 ‘‘(b) USE AND COMPATIBILITY WITH OTHER DATA

2 SYSTEMS.—In carrying out the activities under this sec3 tion the Secretary shall—

4 ‘‘(1) use existing data collection systems oper5 ated by the Secretary and, to the extent appropriate,

6 data collection systems operated by other Federal

7 agencies and local and State education agencies;

8 ‘‘(2) conduct additional data collection, includ9 ing increasing sample sizes for special populations,

10 to augment the data collection systems described in

11 subparagraph A by providing information necessary

12 for policy analysis and program improvement re13 quired in this title; and

14 ‘‘(3) use any independent data collection efforts

15 that are complementary to the data collection efforts

16 described in paragraphs (1) and (2).

17 ‘‘SEC. 7036. GRANTS FOR STATE PROGRAMS.

18 ‘‘(a) IN GENERAL.—The Secretary is authorized to

19 make grants to State education agencies for data collec20 tion and dissemination activities and assistance in building

21 State capacity to serve limited-English-proficient students.

22 ‘‘(b) DATA COLLECTION AND DISSEMINATION.—

23 Upon application from a State educational agency, the

24 Secretary shall make provision for the submission and ap25 proval of a State data collection program, developed in
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1 consultation with the National Cooperative Education Sta2 tistics System, for the collection, aggregation, analysis,

3 and publication of data and information on the State’s

4 population of limited-English-proficient and language-mi5 nority individuals and on the educational services provided

6 or available to such persons. At a minimum, States shall

7 provide current information and data on the language-mi8 nority and limited-English-proficient populations, includ9 ing trends in legislation, funding levels, language-minority

10 student data, teacher certification requirements, criteria

11 to identify limited English proficiency and any specific

12 content, delivery or performance standards related to lan13 guage-minority students.

14 ‘‘(c) ASSISTANCE IN BUILDING STATE CAPACITY TO

15 SERVE LIMITED-ENGLISH-PROFICIENT STUDENTS.—

16 Grants approved under this section shall provide for train17 ing of State educational agency personnel in the design,

18 planning, implementation, coordination, and evaluation of

19 programs serving language-minority and limited-English20 proficient students, and in valid, reliable, and fair mon21 itoring of the impact of educational goals, standards, and

22 assessments on such students. Such activities shall include

23 outreach and technical assistance to tribal organizations,

24 rural schools, and schools with high concentrations of low25 income students in developing and submitting proposals
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1 for funding of bilingual education and special alternative

2 instructional programs under this title.

3 ‘‘(d) OTHER USES OF FUNDS.—State programs au4 thorized under this section may also provide for—

5 ‘‘(1) the development or adoption of State

6 goals, content and performance and delivery stand7 ards, and assessments that are valid, reliable, and

8 fair in assessing the educational strengths and needs

9 of limited-English proficient and language-minority

10 students;

11 ‘‘(2) the inclusion of data on limited-English

12 proficient and language minority students as an in13 tegrated element of the State educational agency’s

14 general purpose and program data systems to ensure

15 that adequate information on such students is in16 cluded in the design, implementation, and reporting

17 of such systems;

18 ‘‘(3) the planning and development of bilingual

19 educational programs and special alternative instruc20 tional programs for inclusion in any State education

21 improvement plans, including any developed under

22 Goals 2000 or chapter 1;

23 ‘‘(4) the review and evaluation of staffing, deliv24 ery standards, and other aspects of bilingual edu25 cation, special alternative instructional programs, in-
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1 cluding programs that are not funded under this

2 title;

3 ‘‘(5) the provision, coordination, or supervision

4 of training, technical and other forms of non5 financial assistance, in collaboration with the na6 tional bilingual education network, to local edu7 cational agencies, community-based organizations

8 and schools that serve limited-English proficient in9 dividuals;

10 ‘‘(6) the identification and dissemination of ex11 emplary programs of bilingual education within the

12 State and provision for national dissemination

13 through the national bilingual education network, in14 cluding assistance in applying for Federal and State

15 programs recognizing exemplary schools or pro16 grams;

17 ‘‘(7) the training of State and local educational

18 agency staff to carry out the purposes of this title

19 and assisting educational personnel in meeting State

20 and local certification requirements for bilingual

21 education and in content areas; and

22 ‘‘(8) other activities and services designed to

23 build the capacity of the State and local educational

24 agencies to serve the educational needs of individuals

25 of limited English proficiency.
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1 ‘‘(e) PAYMENTS.—The Secretary shall pay from the

2 amounts appropriated under this part for each fiscal year

3 to each State educational agency which has a State pro4 gram submitted and approved under this section such

5 sums as may be necessary for the proper and efficient con6 duct of such State program. The amount paid by the Sec7 retary to any State educational agency under the preced8 ing sentence for any fiscal year may not be less than

9 $100,000 nor greater than 5 percent of the aggregate of

10 the amounts paid through grants authorized under part

11 A for programs within such State in the fiscal year preced12 ing the fiscal year to which this limitation applies.

13 ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Funds made

14 available under this section for any fiscal year shall be

15 used by the State educational agency to supplement and,

16 to the extent practical, to increase to level of funds that

17 would, in the absence of such funds, be made available

18 by the State for the purposes described in this section,

19 and in no case to supplant such funds.

20 ‘‘(g) REPORT TO THE SECRETARY.—State edu21 cational agencies receiving grants under this section shall

22 provide for the annual submission of a summary report

23 to the Secretary containing information on such matters

24 as the Secretary shall, by regulation, determine necessary

25 and proper to achieve the purposes of this title, including
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1 information on State capacity and progress in meeting the

2 education needs of all limited-English-proficient children,

3 timetables for additional action, the effect of standards

4 and assessments in improving their education. Such re5 ports shall be in such form and shall be submitted on such

6 date as the Secretary shall specify by regulation.

7 ‘‘SEC. 7037. INSTRUCTIONAL MATERIALS DEVELOPMENT.

8 ‘‘The Secretary shall provide grants for the develop9 ment, publication and dissemination of high quality in10 structional materials in Native American and other lan11 guages for which instructional materials are not readily

12 available. The Secretary shall give priority to the develop13 ment of instructional materials in languages indigenous to

14 the United States, its territories, and freely associated na15 tions. The Secretary shall also accord priority to applica16 tions which provide for developing and evaluating mate17 rials in collaboration with activities under parts A and C

18 of this title.

19 ‘‘SEC. 7038. EVALUATION AND ASSESSMENT CENTERS.

20 ‘‘(a) ESTABLISHMENT.—

21 ‘‘(1) The Secretary shall establish, through a 5-

22 year competitive grant program to institutions of

23 higher education, not less than 2 evaluation and as24 sessment centers (referred to in this title as ‘EACs’).
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1 Additional centers may be established if funding for

2 each existing center is not less than $1,000,000.

3 ‘‘(2) The EACs shall provide technical assist4 ance to local and State educational agencies regard5 ing methods and techniques for assessing the

6 strengths and needs of limited-English proficient

7 and language minority students and evaluating pro8 grams such as those assisted under this title, for the

9 purpose of improving delivery of instruction, includ10 ing the development and implementation of content,

11 performance and delivery standards, and assess12 ments.

13 ‘‘(b) SERVICES.—The EACs shall provide outreach,

14 training, and technical assistance to State and local edu15 cational agencies and other entities conducting programs

16 funded under this title or similar to those funded under

17 this title:

18 ‘‘(1) In accordance with the requirements of

19 section 7003(c), the EACs shall conduct evaluations

20 of a representative sample of all types of grants sup21 ported under part A of this title. In conducting these

22 evaluations, the EACs shall develop model evaluation

23 materials that are written so that they are easily un24 derstood by educators, policymakers, and the general

25 public; adhere to established technical standards;
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1 and provide the program staff and broader commu2 nity with useful information and data for improving

3 instructional services for language-minority and lim4 ited-English-proficient students.

5 ‘‘(2) EACs shall provide coordinated training

6 and technical assistance to State and local edu7 cational agencies in—

8 ‘‘(A) fulfilling Federal and State evalua9 tion requirements;

10 ‘‘(B) using program evaluations effectively

11 to improve instructional services to language12 minority and limited-English-proficient stu13 dents;

14 ‘‘(C) involving parents and practitioners in

15 the program evaluation process;

16 ‘‘(D) developing model evaluation designs,

17 strategies, and systems;

18 ‘‘(E) developing and utilizing assessment

19 instruments to ensure valid, reliable, and fair

20 evaluations of language-minority and limited21 English-proficient student performance; and

22 ‘‘(F) monitoring the use and impact of

23 standards and assessments developed pursuant

24 to State or local education improvement plans

25 including any developed under Goals 2000 or
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1 chapter 1 on language-minority and limited2 English-proficient students.

3 ‘‘SEC. 7039. MULTIFUNCTIONAL RESOURCE CENTERS.

4 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab5 lish, through a 5-year competitive grant program, at least

6 16 multifunctional resource centers (referred to in this

7 title as ‘MRCs’). Grants shall be awarded with consider8 ation given to the geographical and linguistic distribution

9 of children of limited English proficiency and the number

10 of projects funded under parts A and C of this title to

11 be served by each MRC.

12 ‘‘(b) REQUIRED SERVICES.—

13 ‘‘(1) Each multifunctional resource center shall

14 provide training and technical assistance related

15 to—

16 ‘‘(A) the development and implementation

17 of grants under parts A and C of this Act;

18 ‘‘(B) incorporating the results of research

19 into teaching practice;

20 ‘‘(C) utilizing technology for instructional

21 purposes; and

22 ‘‘(D) developing and implementing content,

23 delivery and performance standards, and devel24 oping and implementing family and community

25 involvement activities.
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1 ‘‘(2) In carrying out these activities MRCs

2 may—

3 ‘‘(A) develop training criteria;

4 ‘‘(B) develop software training tutorials;

5 ‘‘(C) integrate media in preparing training

6 and technical assistance activities;

7 ‘‘(D) develop training modules for ongoing

8 programs to train teachers, counselors, para9 professionals, school board members and ad10 ministrators; and

11 ‘‘(E) assist successful programs in apply12 ing for local, State, or Departmental programs

13 which recognize school excellence and provide

14 technical assistance in the dissemination of in15 formation through the national clearinghouse

16 on bilingual education on such successful pro17 grams.

18 ‘‘(c) TRAINING MATERIALS DEVELOPMENT AND DIS19 SEMINATION.—

20 ‘‘(1) Each MRC, in consultation with the clear21 inghouse and the EACs, shall be responsible for de22 veloping training modules and accompanying mate23 rials with direct practical application for the im24 provement of instruction for limited-English-pro-
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1 ficient and language-minority students in one of the

2 following areas:

3 ‘‘(A) The role of bilingualism in schoolwide

4 and systemwide improvement, including partici5 pation in local, State and national goals, stand6 ards, and assessments.

7 ‘‘(B) Bilingualism and early childhood de8 velopment.

9 ‘‘(C) Bilingual family empowerment in

10 home-school partnerships.

11 ‘‘(D) Bilingualism and special education.

12 ‘‘(E) Bilingual gifted and talented edu13 cation.

14 ‘‘(F) Bilingual math education.

15 ‘‘(G) Bilingual science education.

16 ‘‘(H) Effective bilingual programs in sec17 ondary schools.

18 ‘‘(I) Bilingual vocational and applied tech19 nology education including the role of bilingual

20 skills in postsecondary education and career op21 tions.

22 ‘‘(J) Bilingual adult education and job

23 training, including adult literacy and workplace

24 literacy programs.
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1 ‘‘(K) Bilingual education program adminis2 tration.

3 ‘‘(L) Native American language conserva4 tion and development.

5 ‘‘(M) Counseling and career education pro6 grams for limited-English-proficient students

7 including the role of multilingual skills in evolv8 ing economy.

9 ‘‘(N) The role of sustained multilingual

10 skills in educational excellence and career op11 portunities.

12 ‘‘(O) Bilingual career ladder programs for

13 teacher certification.

14 ‘‘(P) Education technology and distance

15 learning in bilingual education.

16 ‘‘(Q) Other areas identified as high need

17 areas in reviews by the Secretary.

18 ‘‘(2) Each MRC shall make the training mod19 ules and materials developed under this section na20 tionally available by providing copies of such mate21 rials to the Clearinghouse and to all other MRCs.

22 ‘‘SEC. 7040. NATIONAL CLEARINGHOUSE ON BILINGUAL

23 EDUCATION.

24 ‘‘(a) ESTABLISHMENT.—The Secretary shall,

25 through a 5-year competitive grant program, provide for
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1 the operation of a national clearinghouse on bilingual edu2 cation which shall collect, analyze, and disseminate infor3 mation about bilingual education and the education of lan4 guage-minority and limited-English-proficient students

5 and related research, policy and programs to educators,

6 administrators, researchers, students and their families,

7 and others.

8 ‘‘(b) SERVICES.—The clearinghouse shall—

9 ‘‘(1) establish a computerized information sys10 tem in consonance with federally funded computer

11 information networks, and with the Educational Re12 sources and Information Center clearinghouses. The

13 system shall be available to all recipients of funding

14 under this title and shall consist of resources and

15 bibliographic databases, a bulletin board, and elec16 tronic mail. The system may include information re17 lated to technology used for instructing language-mi18 nority students and their families. Access to the sys19 tem shall be available at no cost for basic services

20 and at-cost for additional authorized services;

21 ‘‘(2) produce publications on a cost-shared basis

22 for school district and university personnel and oth23 ers involved in the education of language-minority

24 students and shall produce synthesis reports related

25 to all programs funded under this title. It shall also
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1 produce and disseminate publications related to is2 sues relevant to the education of language-minority

3 students;

4 ‘‘(3) offer toll-free telephone and fax service to

5 those interested in seeking information about the

6 education of language-minority students;

7 ‘‘(4) also be involved in coordination activities

8 with all projects funded under this title. The clear9 inghouse shall implement an outreach program with

10 other information entities and with professional or11 ganizations and other Federal and State programs

12 providing services to limited-English-proficient and

13 language-minority students. The clearinghouse shall

14 be a vehicle for the coordination of information on

15 national education goals and curriculum, training

16 and testing efforts related to content, delivery and

17 performance standards affecting limited-English18 proficient and language-minority students;

19 ‘‘(5) provide clearinghouse services the recruit20 ment of teachers and other educational personnel in

21 low-incidence languages and related outreach includ22 ing but not limited to, professional organizations

23 and educational agencies;

24 ‘‘(6) in consultation and collaboration with

25 EACs and MRCs, and others, disseminate informa-
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1 tion on exemplary practices from programs funded

2 under this title, including those recognized under

3 section 7040; and

4 ‘‘(7) in collaboration with OBEMLA, partici5 pate in planning, consolidating, analyzing and dis6 seminating grantee-generated information through

7 computerized data bases.

8 ‘‘SEC. 7041. BLUE RIBBON BILINGUAL EDUCATION

9 SCHOOLS.

10 ‘‘(a) ESTABLISHMENT.—Not later than six months

11 following enactment of this Act, the Secretary shall estab12 lish the Blue Ribbon Bilingual Education Schools Pro13 gram as part of the Blue Ribbon Schools Program to

14 recognize schools or programs which have established

15 standards of excellence in bilingual education and which

16 have demonstrated a high level of quality.

17 ‘‘(b) SCHOOL AND PROGRAM SELECTION.—The Sec18 retary shall competitively select schools and programs to

19 be recognized from among public and private schools or

20 programs within the States and schools funded by the De21 partment of the Interior who have been nominated by

22 State or local educational agencies, tribal organizations,

23 professional organizations, institutions of higher edu24 cation, or community based organizations.
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1 ‘‘(c) RECOGNITION OF SCHOOLS OPERATING BILIN2 GUAL EDUCATION PROGRAMS.—On at least a biennial

3 basis the Secretary shall provide recognition of not less

4 than 12 schools operating bilingual education programs

5 that develop student proficiency in English and a second

6 language as ‘Blue Ribbon Bilingual Education Schools’.

7 Information on Blue Ribbon Bilingual Education Schools

8 shall be disseminated through the Blue Ribbon Schools

9 Program, the national bilingual education network, the

10 National Dissemination Network and other appropriate

11 entities.

12 ‘‘PART C—BILINGUAL EDUCATION TEACHER

13 TRAINING

14 ‘‘SEC. 7051. PURPOSE.

15 ‘‘The purpose of this part is to assist in preparing

16 educators to improve the delivery of educational services

17 to language-minority and limited-English18 proficient students. This part supports the training of all

19 educational personnel to serve more effectively limited20 English-proficient students. This part provides for the

21 training of not less than 50,000 teachers who meet profes22 sional preparation and certification standards for bilingual

23 education teachers by the year 2000.
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1 ‘‘SEC. 7052. TRAINING FOR ALL TEACHERS PROGRAM.

2 ‘‘(a) PURPOSE.—The purpose of this section is to

3 provide for the incorporation of courses and curricula on

4 appropriate and effective instructional and assessment

5 methodologies, strategies and resources specific to limited6 English-proficient and language-minority students into

7 education personnel preparation programs for teachers,

8 counselors, administrators and other education personnel.

9 ‘‘(b) AUTHORIZATION.—The Secretary shall award

10 grants for up to 5 years to institutions of higher education

11 in consortia with local education agencies or State edu12 cation agencies or nonprofit organizations.

13 ‘‘(c) PERMISSIBLE ACTIVITIES.—Activities conducted

14 under this section may include the development of inserv15 ice training programs in collaboration with training under

16 chapter 1, the Eisenhower Math and Science program,

17 Head Start and other relevant programs.

18 ‘‘(d) PRIORITY.—The Secretary shall give priority to

19 applications from institutions of higher education which

20 currently operate, with full-time tenured faculty, programs

21 to prepare educators and administrators to work with lan22 guage-minority and limited-English-proficient students in

23 bilingual education settings. The Secretary shall give spe24 cial consideration to such programs if they train secondary

25 school teachers or early childhood development teachers.
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1 ‘‘SEC. 7053. BILINGUAL EDUCATION TEACHERS AND PER2 SONNEL GRANTS.

3 ‘‘(a) PURPOSE.—The purpose of this section is to

4 provide for degree programs to prepare new bilingual edu5 cation teachers, administrators, counselors, and other edu6 cational personnel to meet high professional standards for

7 bilingual education teachers.

8 ‘‘(b) AUTHORIZATION.—The Secretary shall award

9 grants for up to 5 years to institutions of higher education

10 in consortia with local or State educational agencies.

11 ‘‘SEC. 7054. BILINGUAL EDUCATION CAREER LADDER PRO12 GRAM.

13 ‘‘(a) PURPOSE.—The purpose of this section is to up14 grade the qualifications and skills of existing educational

15 personnel, especially educational paraprofessionals, to

16 meet high professional standards, including certification

17 and licensure as bilingual education teachers and other

18 educational personnel who serve limited-English-proficient

19 students, through collaborative training programs oper20 ated by institutions of higher education and local and

21 State educational agencies. Grants for programs under

22 this section may also provide for collaborative programs

23 operated by institutions of higher education and secondary

24 schools which are designed to recruit and train secondary

25 school students as bilingual education teachers and other
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1 educational personnel to serve limited-English-proficient

2 students.

3 ‘‘(b) AUTHORIZATION.—The Secretary shall award 5-

4 year grants for bilingual education career ladder programs

5 to institutions of higher education applying in consortia

6 with local or State educational agencies; consortia may in7 clude community-based organizations or professional edu8 cation organizations.

9 ‘‘(c) ACTIVITIES.—Grants funded under this section

10 may—

11 ‘‘(1) include the development of bilingual edu12 cation career ladder program curricula appropriate

13 to the needs of the consortium participants;

14 ‘‘(2) provide assistance for stipends and costs

15 related to tuition, fees and books for enrolling in

16 courses required to complete degree and certification

17 requirements as bilingual education teachers; and

18 ‘‘(3) include programs for future bilingual edu19 cation teachers consisting of activities for introduc20 tion to teaching during secondary school preceding

21 graduation and providing for articulation with other

22 activities under this section;

23 ‘‘(d) REQUIREMENT.—Programs funded under this

24 section must be carried out under an articulation agree25 ment between the participants in the consortium;
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1 ‘‘(e) SPECIAL CONSIDERATION.—The Secretary shall

2 give special consideration to applications under this sec3 tion which provide for—

4 ‘‘(1) participant completion of baccalaureate

5 and masters degree teacher education programs, cer6 tification and effective employment placement activi7 ties;

8 ‘‘(2) development of teacher proficiency in Eng9 lish and a second language, including required dem10 onstration of proficiency in the instructional use of

11 English and a second language in classroom con12 texts;

13 ‘‘(3) coordination with TRIO, the Teacher

14 Corps, National Community and Service Trust Act

15 and other programs for the recruitment and reten16 tion of bilingual students in secondary and post-sec17 ondary programs to train as bilingual educators; and

18 ‘‘(4) the applicant’s contribution of additional

19 student financial aid to participating students.

20 ‘‘SEC. 7055. GRADUATE FELLOWSHIPS IN BILINGUAL EDU21 CATION PROGRAM.

22 ‘‘(a) AUTHORIZATION.—The Secretary is authorized

23 to award fellowships for advanced study in bilingual edu24 cation leading to a masters or doctorate degree. For fiscal

25 year 1994 not less than 500 fellowships leading to a mas-
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1 ters or doctorate degree shall be awarded under this sec2 tion, rising each subsequent year of this authorization by

3 not less than 50. The Secretary shall include information

4 on the operation and the number of fellowships awarded

5 of the fellowship program in the report required under sec6 tion 7051(c) of this title.

7 ‘‘(b) FELLOWSHIP REQUIREMENTS.—Any individual

8 receiving a fellowship under this section shall agree either

9 to repay the cost of such assistance or to work in an activ10 ity related to programs and activities such as those au11 thorized under this title in return for cancellation of a per12 centage of such debt based on years of qualifying service.

13 The percentage of debt for such assistance which shall be

14 canceled under this paragraph is at the rate of 15 percent

15 for each of the first and second years of such service, 20

16 percent for each of the third and fourth years of such serv17 ice, and 30 percent for the fifth year of such service. The

18 Secretary may waive this requirement in extraordinary cir19 cumstances.

20 ‘‘(c) PRIORITY.—In making grants for fellowships,

21 the Secretary shall give priority to eligible applicants

22 with—

23 ‘‘(1) demonstrated competence and experience

24 in programs and activities such as those authorized

25 under this Act; and
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1 ‘‘(2) which will fund from other sources at least

2 one fellowship for each three funded under this Act.

3 ‘‘SEC. 7056. APPLICATIONS.

4 ‘‘(a) IN GENERAL.—Each applicant or consortium

5 that desires to receive a grant under this part shall submit

6 an application to the Secretary and the State educational

7 agency or State board for higher education as appropriate,

8 at such time and in such manner as the Secretary shall

9 prescribe. The application shall demonstrate integration,

10 where appropriate, with the State and local plans, if such

11 plans exist, for serving limited-English-proficient students.

12 The State and local educational agency, and where appli13 cable the State board for higher education, may comment

14 in writing on the application indicating how the applica15 tion furthers State education reform activities, including

16 the provision of appropriate high quality education to all

17 language minority students. The Secretary shall take any

18 written comments that have been made into consideration

19 when considering applications under this part.

20 ‘‘(b) ELIGIBLE ENTITIES.—

21 ‘‘(1) A grant may be made under this part

22 upon application of an institution of higher edu23 cation, applying individually or jointly with one or

24 more local educational agencies, nonprofit organiza25 tions, or State educational agencies.
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1 ‘‘(2) The Secretary shall provide for outreach

2 and technical assistance to institutions of higher

3 education eligible under title III of the Higher Edu4 cation Act and tribally controlled institutions of

5 higher education to facilitate their participation in

6 activities under this part.

7 ‘‘(c) APPLICATION REQUIREMENTS FOR BILINGUAL

8 TEACHER TRAINING PROGRAMS.—

9 ‘‘(1) An application for a grant for preservice

10 or inservice training activities described in this part

11 shall be developed in consultation with an advisory

12 council composed of representatives of State and

13 local educational agencies within the applicant’s

14 service area or geographical region which operate

15 programs of bilingual education.

16 ‘‘(2) The application shall demonstrate integra17 tion, where appropriate, with the State plan, if one

18 exists, for serving limited-English-proficient stu19 dents.

20 ‘‘(d) PREFERENCE IN ASSISTANCE AND PURPOSE OF

21 TRAINING.—

22 ‘‘(1) In making a grant under this part the Sec23 retary shall give preference to programs which—

24 ‘‘(A) include tenured faculty in bilingual

25 education, and
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1 ‘‘(B) provide additional resources for such

2 training from other sources.

3 ‘‘(2) In making grants under sections 7042,

4 7043 and 7044, the Secretary shall give special con5 sideration to programs that ensure that individuals

6 completing such programs demonstrate proficiency

7 in English and a second language.

8 ‘‘(e) PROGRAM REQUIREMENTS.—Activities con9 ducted under this part shall assist educational personnel

10 in meeting State and local certification requirements for

11 bilingual education and, wherever possible, shall award

12 college or university credit.

13 ‘‘(f) STIPENDS.—In the terms of any arrangement

14 described in this part, the Secretary shall provide for the

15 payment, to persons participating in training programs so

16 described, of such stipends including allowances for sub17 sistence and other expenses for such persons and their de18 pendents) as the Secretary may determine to be consistent

19 with prevailing practices under comparable federally sup20 ported programs.

21 ‘‘PART D—ADMINISTRATION

22 ‘‘SEC. 7061. OFFICE OF BILINGUAL EDUCATION AND MINOR23 ITY LANGUAGE AFFAIRS.

24 ‘‘(a) ESTABLISHMENT.—There shall be, in the De25 partment of Education, an Office of Bilingual Education
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1 and Minority Languages Affairs (hereafter in this section

2 referred to as the ‘Office’) through which the Secretary

3 shall carry out functions relating to bilingual education

4 [and multilingual proficiency].

5 ‘‘(b) ASSISTANT SECRETARY.—(1) The Office shall

6 be headed by an Assistant Secretary of Bilingual Edu7 cation and Minority Languages Affairs, appointed by the

8 Secretary, to whom the Secretary shall delegate all dele9 gable functions relating to bilingual education. The Assist10 ant Secretary shall also be assigned responsibility for rec11 ommending improvements and providing technical assist12 ance to other Federal programs serving language-minority

13 and limited-English-proficient students and their families.

14 ‘‘(2) The Office shall be organized as the Assistant

15 Secretary determines to be appropriate in order to carry

16 out such functions and responsibilities effectively.

17 ‘‘(3) The Secretary shall ensure that limited-English18 proficient and language-minority students are included in

19 ways that are valid, reliable and fair under all standards

20 and assessment development conducted or funded by the

21 Department.

22 ‘‘(c) REPORT.—The Assistant Secretary shall prepare

23 and, not later than February 1 of each year, shall submit

24 to Congress, the President, the Governors, and the clear25 inghouse a report on—
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1 ‘‘(1) the activities carried out under this title

2 and their effectiveness in improving the education

3 provided to limited-English-proficient students;

4 ‘‘(2) a critical synthesis of data reported by the

5 States pursuant to section 7035;

6 ‘‘(3) an estimate of the number of certified bi7 lingual education personnel in the field and an esti8 mate of the number of bilingual education teachers

9 which will be needed for the succeeding 5 fiscal

10 years;

11 ‘‘(4) the major findings of research carried out

12 under this title; and

13 ‘‘(5) recommendations for further developing

14 the capacity of our Nation’s schools to educate effec15 tively limited-English-proficient student.

16 ‘‘(d) ASSESSMENT OF BORDER EDUCATION.—The

17 Secretary shall identify effective policies for strengthening

18 the quality of education for all students, including limited19 English-proficient and language-minority students who re20 side near the United States border with Canada and Mex21 ico, as well as Hawaii, the Commonwealth of Puerto Rico,

22 the territories and freely associated nations. The report

23 shall include identification of—

24 ‘‘(1) current and likely trends in student and

25 out-of-school youth migration in border communities
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1 and the implications for school delivery of quality

2 education in such communities,

3 ‘‘(2) existing procedures for the international

4 transfer of student records for transferring students

5 and options for improvement,

6 ‘‘(3) the native language and second language

7 proficiency of students residing in border commu8 nities,

9 ‘‘(4) opportunities for elementary, secondary,

10 and postsecondary teacher exchanges, particularly

11 for teachers of languages other than English, bilin12 gual and English-as-a-second-language educators, to

13 become familiar with the culture and languages of

14 students they are responsible for teaching;

15 ‘‘(5) options for improving access to language

16 and other instruction through authentic materials,

17 live interactive broadcasts, and other electronic tech18 nology, and

19 ‘‘(6) the need for and availability of opportuni20 ties for training in language for specific purposes for

21 internationally related activities including health, law

22 enforcement, and internationally related activity of

23 small business. The study may also address other

24 matters determined by the Secretary to be relevant.
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1 A preliminary report on these issues shall be provided to

2 the Congress not later than 2 years after the enactment

3 of this Act. The final report including policy proposals for

4 improvements in these areas shall be provided to Congress

5 and the President not later than October 21, 1997.

6 ‘‘(e) COORDINATION WITH RELATED PROGRAMS.—

7 ‘‘(1) In order to maximize Federal efforts

8 aimed at serving the educational needs of children of

9 limited-English proficiency, the Secretary shall co10 ordinate and ensure close cooperation with other

11 programs serving language-minority and limited12 English-proficient students that are administered by

13 the Department of Education and other agencies.

14 The Secretary shall consult with the Secretary of

15 Labor, the Secretary of Health and Human Services,

16 the Secretary of Agriculture and other relevant

17 agencies to identify and eliminate barriers to appro18 priate coordination of programs that affect lan19 guage-minority and limited-English-proficient stu20 dents and their families. The Secretary shall provide

21 for continuing consultation and collaboration be22 tween OBEMLA and relevant programs operated by

23 the Department, including chapter 1, in planning,

24 contracts, providing joint technical assistance, pro25 viding joint field monitoring activities and in other
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1 relevant activities to ensure effective program coordi2 nation to provide high quality education opportuni3 ties to all language-minority and limited-English4 proficient students. In no case shall such coordina5 tion at the local, State or Federal level permit funds

6 under this title to be used in programs that do not

7 provide bilingual education or special alternative in8 structional programs for the instruction of language9 minority or limited-English-proficient students.

10 ‘‘(2) The Secretary’s reports under section

11 6213 of the Augustus F. Hawkins-Robert T. Staf12 ford Elementary and Secondary School Improvement

13 Amendments of 1988 and under section 7051 (c) of

14 this Act shall include demonstration that such co15 ordination has taken place.

16 ‘‘(f) STAFFING REQUIREMENTS.—The Secretary

17 shall ensure that the Office of Bilingual Education and

18 Minority Language Affairs is staffed with sufficient per19 sonnel trained or with experience in bilingual education

20 to discharge effectively the provisions of this title.

21 ‘‘(1) Notwithstanding section 403 of the De22 partment of Education Organization Act, the Assist23 ant Secretary may appoint not more than 7 addi24 tional employees to serve as staff without regard to
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1 the provisions of title 5, United States Code, govern2 ing appointments in the competitive service.

3 ‘‘(2) 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 minimum rate of basic pay payable for GS–15

9 of the General Schedule.

10 ‘‘(g) READING AND SCORING APPLICATIONS.—For

11 the purpose of reading and scoring applications for com12 petitive grants authorized under this title, the Secretary

13 shall use persons who are not employees of the Federal

14 Government and who are experienced and involved in bi15 lingual education including teachers, researchers, and ad16 ministrators of educational programs similar to those as17 sisted under this title. Readers and scorers of applications

18 for grants involving conservation of Indian languages and

19 other indigenous language which are subject to loss shall

20 include individuals with expertise in such programs. The

21 Secretary shall solicit nominations for application readers

22 from State directors of bilingual education, graduate pro23 grams of bilingual education, tribal organizations and pro24 fessional associations and shall use funds appropriated for

25 the programs authorized under this title to pay for the
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1 application reading and scoring services required by this

2 provision. Such readers shall serve for a period of 3 years,

3 with one third of the appointments expiring each year. The

4 Secretary shall provide relevant training for reviewers.

5 ‘‘(h) PUBLICATION OF PROPOSALS.—The Secretary

6 shall publish and disseminate all requests for proposals for

7 programs funded under this title.

8 ‘‘(i) TEXTBOOKS.—Nothing in this title shall be con9 strued as authorizing the Secretary to conduct or support

10 studies or analyses of the content of educational textbooks.

11 ‘‘SEC. 7062. RELEASE TIME.

12 ‘‘Professional development programs funded under

13 this Act shall permit use of funds for professional release

14 time to enable participation in programs assisted under

15 this part.

16 ‘‘SEC. 7063. EDUCATION TECHNOLOGY.

17 ‘‘Funds available under this Act may be used to pro18 vide for the acquisition or development of education tech19 nology or instructional materials, including authentic ma20 terials in languages other than English, access to and par21 ticipation in electronic networks for materials, training

22 and communications, and incorporation of such resources

23 in curricula and programs such as those funded under this

24 title.
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1 ‘‘SEC. 7064. LANGUAGE AND CULTURAL INSTITUTES.

2 ‘‘Funds provided under this title may be used to con3 duct intensified programs using native language teachers,

4 including summer programs that include activities of

5 international cooperation so that teachers of limited-Eng6 lish-proficient students better understand the students

7 they serve. Institutes may include provision of technology8 based training programs and development of electronic

9 networks for delivery of such training on an ongoing basis.

10 Priority shall be given to applications which include teach11 ers, counselors and administrators in secondary schools.

12 ‘‘SEC. 7065. NOTIFICATION.

13 ‘‘The State educational agency, when applicable, the

14 State Board for postsecondary education when applicable,

15 and the clearinghouse, and the applicable Evaluation and

16 Assessment Center and Multifunctional Resource Center

17 shall be notified within three working days of the date a

18 grant is made to an eligible entity within the State.

19 ‘‘SEC. 7066. DISTRIBUTION OF FUNDING.

20 ‘‘The Secretary shall, to the extent feasible in con21 sonance with high quality programming, allocate funds ap22 propriated in proportion to the geographical distribution

23 of children of limited-English-proficiency throughout the

24 Nation, with due regard for the relative ability of particu25 lar local and State educational agencies to carry out such

26 programs.
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1 ‘‘SEC. 7067. CONTINUED ELIGIBILITY.

2 ‘‘Entities receiving grants under this title shall re3 main eligible for grants for subsequent activities which ex4 tend and do not duplicate those activities supported by

5 a previous grant under this title. In considering applica6 tions for grants under this section the Secretary shall take

7 into consideration the applicant’s record of accomplish8 ments under previous grants.

9 ‘‘SEC. 7068. WITHHOLDING OF PAYMENTS.

10 ‘‘(a) FAILURE TO COMPLY.—Whenever the Sec11 retary, after reasonable notice to the grantee and the

12 State educational agency and an opportunity for a hearing

13 on the record, finds that there has been a failure to comply

14 substantially with any assurances required to be given or

15 conditions required to be met under this chapter, the Sec16 retary shall notify such grantee of these findings and that

17 beginning 60 days after the date of such notification,

18 funding will be reduced or terminated until the Secretary

19 is satisfied that there is no longer any such failure to com20 ply. Until the Secretary is so satisfied, no further pay21 ments shall be made to the grantee under the part or sub22 part thereof, or payments shall be limited to entities in

23 the grantee consortium not affected by the failure, or pay24 ments to particular grantees shall be reduced, as the case

25 may be.
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1 ‘‘(b) NOTICE TO PUBLIC.—Upon submission to a

2 grantee of a notice under subsection (a) that the Secretary

3 is withholding payments, the Secretary shall take such ac4 tion as may be necessary to bring the withholding of pay5 ments to the attention of the public and the States.

6 ‘‘SEC. 7069. JUDICIAL REVIEW.

7 ‘‘If any grantee is dissatisfied with the Secretary’s

8 action under section 7027(f), such grantee may, within 60

9 days after notice of such action, file with the United States

10 court of appeals for the circuit in which such grantee is

11 located, a petition for review of that action. A copy of the

12 petition shall be forthwith transmitted by the clerk of the

13 court to the Secretary. The filing of such petition shall

14 act to suspend any withholding of funds by the Secretary

15 pending the judgment of the court and prior to a final

16 action on any review of such judgment. The Secretary,

17 thereupon, shall file in the court the record of the proceed18 ings on which the Secretary’s action was based, as pro19 vided in section 1254, of title 28, United States Code.

20 ‘‘SEC. 7070. LIMITATION OF AUTHORITY.

21 ‘‘The Secretary shall not impose restrictions on the

22 availability of funds authorized under this title other than

23 those set out in this title or other applicable Federal stat24 utes and regulations.
218

•HR 3229 IH

1 ‘‘PART E—TRANSITION

2 ‘‘SEC. 7081. TRANSITION PROVISIONS.

3 ‘‘Any grant or contract awarded under this title prior

4 to the effective date of these amendments shall be allowed

5 to complete the term of the original award in accordance

6 with the conditions of the original award, except, in the

7 case of contracts, the term shall also include applicable

8 option years.’’.

9 Æ

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