I

103D CONGRESS

1ST SESSION H. R. 1097

To assist the Nation in achieving the national education goals.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1993

Mr. GOODLING (for himself, Mr. MICHEL, Mr. PETRI, Mr. GUNDERSON, Ms.

MOLINARI, Mr. BARRETT of Nebraska, Mr. CUNNINGHAM, and Mr. MILLER of Florida) introduced the following bill; which was referred to the

Committee on Education and Labor

A BILL

To assist the Nation in achieving the national education

goals.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Educational Excellence

5 for All Students Act of 1993’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) the Federal Government currently spends

9 more than $9,000,000,000 supporting education at
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1 the kindergarten through 12th grade level in the

2 United States;

3 (2) these programs, and the funds authorized,

4 currently do not contribute sufficiently to lifting the

5 educational achievement of all students or com6 plement the important education reforms taking

7 place around the country;

8 (3) the Federal Government should support on9 going efforts to establish national educational goals,

10 voluntary national standards and a State and local

11 educational agency-based, voluntary system of as12 sessments;

13 (4) States should be assisted in carrying out

14 systemic reforms of their school systems as a means

15 to meeting the national education goals; and

16 (5) the reauthorization of the Elementary, Sec17 ondary and Vocational Education Act should trans18 form such programs into a major school reform vehi19 cle by which States, school districts, teachers, and

20 parents can help every child meet the national edu21 cation goals.

22 SEC. 3. PURPOSES.

23 The purposes of this Act are—

24 (1) to establish as the policy of the United

25 States the 6 national education goals;
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1 (2) to authorize the National Education Goals

2 Panel to monitor the Nation’s progress toward meet3 ing the national education goals;

4 (3) to establish a process in support of vol5 untary national education standards and a national

6 system of voluntary assessments;

7 (4) to authorize a grant program to States to

8 encourage dramatic, new approaches to education

9 that are likely to provide students with an oppor10 tunity to achieve the national goals; and

11 (5) to establish a system by which States, local

12 educational agencies, and schools can utilize Federal,

13 State, and local education program funds in a more

14 flexible manner in order to improve delivery and

15 effectiveness of programs.

16 SEC. 4. NATIONAL POLICY.

17 It is the sense of Congress that—

18 (1) READINESS FOR SCHOOL.—By the year

19 2000, all children in America will start school ready

20 to learn.

21 (2) HIGH SCHOOL COMPLETION.—By the year

22 2000, the high school graduation rate will increase

23 to at least 90 percent.

24 (3) STUDENT ACHIEVEMENT AND CITIZEN25 SHIP.—By the year 2000, students in the United
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1 States will leave grades 4, 8, and 12 having dem2 onstrated competency in challenging subject matter

3 including English, mathematics, science, history, and

4 geography; and every school in the United States

5 will ensure that all students learn to use their minds

6 well, so they may be prepared for responsible citizen7 ship, further learning, and productive employment in

8 our modern economy.

9 (4) SCIENCE AND MATHEMATICS.—By the year

10 2000, students in the United States will be first in

11 the world in science and mathematics achievement.

12 (5) ADULT LITERACY AND LIFELONG LEARN13 ING.—By the year 2000, every adult American will

14 be literate and will possess the knowledge and skills

15 necessary to compete in a global economy and exer16 cise the rights and responsibilities of citizenship.

17 (6) SAFE, DISCIPLINED, AND DRUG-FREE

18 SCHOOLS.—By the year 2000, every school in the

19 United States will be free of drugs and violence and

20 will offer a disciplined environment conducive to

21 learning.
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1 TITLE I—VOLUNTARY

2 STANDARDS AND ASSESSMENT

3 PART A—NATIONAL EDUCATION GOALS PANEL

4 SECTION 101. GOALS PANEL.

5 (a) ESTABLISHMENT.—There is established a Na6 tional Education Goals Panel (referred to in this title as

7 the ‘‘Panel’’).

8 (b) COMPOSITION.—

9 (1) IN GENERAL.—The Panel shall be composed

10 of 14 members (referred to in this title as members),

11 including—

12 (A) two members appointed by the Presi13 dent;

14 (B) eight Governors, three of whom shall

15 be from the same political party as the Presi16 dent and five of whom shall be of the opposite

17 political party to the President, appointed by

18 the Chairperson or Vice Chairperson of the Na19 tional Governors’ Association, with each ap20 pointing individuals of such respective political

21 party, in consultation with each other and in

22 accordance with paragraph (2); and

23 (C) four Members of Congress appointed

24 as follows:
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1 (i) The majority leader of the Senate

2 shall appoint 1 individual from among the

3 Members of the Senate.

4 (ii) The minority leader of the Senate

5 shall appoint 1 individual from among the

6 Members of the Senate.

7 (iii) The Speaker of the House of

8 Representatives shall appoint 1 individual

9 from among the Members of the House of

10 Representatives.

11 (iv) The minority leader of the House

12 of Representatives shall appoint 1 individ13 ual from among the Members of the House

14 of Representatives.

15 (2) SPECIAL APPOINTMENT RULES.—(A) The

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

17 shall be appointed as follows:

18 (i) If the Chairperson of the National Gov19 ernors’ Association is from the same political

20 party as the President, the Chairperson shall

21 appoint 3 individuals pursuant to such para22 graph and the Vice Chairperson shall appoint 5

23 persons pursuant to such paragraph.

24 (ii) If the Chairperson of the National

25 Governors’ Association is from the opposite po-
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1 litical party as the President, the Chairperson

2 shall appoint 5 persons pursuant to such para3 graph and the Vice Chairperson shall appoint 3

4 persons pursuant to such paragraph.

5 (B) If the National Governors’ Association has

6 appointed a panel that meets the requirements of

7 this subsection prior to the date of enactment of this

8 Act, the members serving on such panel shall be

9 deemed to be in compliance with the provisions of

10 this subsection and shall not be required to be

11 reappointed pursuant to this subsection.

12 (c) TERMS.—The terms of service of members shall

13 be as follows:

14 (1) EXECUTIVE BRANCH.—Members appointed

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

16 of the President.

17 (2) GOVERNORS.—Members appointed under

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

19 that the initial appointments under such paragraph

20 shall be made to ensure staggered terms with one21 half of such member’s terms concluding every two

22 years.

23 (3) MEMBERS OF CONGRESS.—Members ap24 pointed under paragraph (1)(C) shall serve a term

25 of four years.
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1 (d) INITIATION.—The Panel may begin to carry out

2 the duties of the Panel under this part when seven mem3 bers of the Panel have been appointed.

4 (e) DATE OF APPOINTMENT.—The initial members

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

6 of enactment of this Act.

7 (f) RETENTION.—In order to retain an appointment

8 to the Panel, a member must attend at least two-thirds

9 of the scheduled meetings of the Panel in any given year.

10 (g) VACANCIES.—A vacancy on the Panel shall not

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

12 same manner as the original appointment.

13 (h) TRAVEL.—Each member shall be allowed travel

14 expenses, including per diem in lieu of subsistence, as au15 thorized by section 5703 of title 5, United States Code,

16 for each day the member is engaged in the performance

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

18 of the member.

19 (i) CHAIRPERSON SELECTION.—The Panel shall se20 lect a chairperson from among members appointed under

21 subsection (b)(1)(B).

22 SEC. 102. FUNCTIONS.

23 (a) FUNCTIONS.—

24 (1) IN GENERAL.—The Panel shall—
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1 (A) propose the indicators to be used to

2 measure the National Education Goals and re3 porting progress in achieving such goals, the

4 baselines and benchmarks against which

5 progress may be evaluated, and the format for

6 an annual report to the Nation;

7 (B) select interim and final measures and

8 appropriate measurement tools to be developed

9 as necessary in each goal area;

10 (C) report on the Federal actions that ful11 fill responsibilities to education, including fund12 ing the Federal financial role, providing more

13 flexibility and controlling mandates that limit

14 the States’ ability to fund education;

15 (D) issue a report annually to the Presi16 dent, the Congress, the Governors, and the Na17 tion regarding progress in achieving the Na18 tional Education Goals;

19 (E) assure, through requirements for State

20 reports, that student performance is reported in

21 the context of other relevant information about

22 student, school, and system performance;

23 (F) identify gaps in existing educational

24 data, make recommendations for improvements

25 in the methods and procedures for assessments
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1 that would be appropriate in assessing progress

2 in achieving the National Education Goals, pro3 pose changes in national and international

4 measurement systems as appropriate and make

5 recommendations to the President, the Con6 gress, and the Governors for needed improve7 ments;

8 (G) appoint members to the National Edu9 cation Standards and Assessments Council; and

10 (H) in accordance with paragraph (2),

11 issue certification of content and student per12 formance standards and the criteria for world13 class assessments after submission of such noti14 fication of approval by the National Education

15 Standards and Assessments Council.

16 (2) SPECIAL RULE.—In the event that the

17 Panel denies certification to all or part of a certifi18 cation of the National Education Standards and As19 sessments Council, all or part of a certification shall

20 be returned to such Council with detailed written

21 explanations for such denial.

22 (b) PERFORMANCE OF FUNCTIONS.—In carrying out

23 its responsibilities, the Panel shall operate on the principle

24 of consensus.
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1 (c) DATA COLLECTION.—The Panel shall make ar2 rangements with any appropriate entity to generate or col3 lect such data as may be necessary to appropriately assess

4 progress in achieving the National Education Goals.

5 SEC. 103. ANNUAL REPORT CARD.

6 (a) IN GENERAL.—The Panel shall prepare and sub7 mit to the President, the appropriate committees of Con8 gress, and the Governor of each State a national report

9 card, that—

10 (1) sets forth an analysis of the progress of the

11 United States toward achieving the National Edu12 cation Goals; and

13 (2) may, as determined necessary by the Panel

14 based on the findings of the Panel and an analysis

15 of the views and comments of all interested par16 ties—

17 (A) identify continuing gaps in existing

18 educational data; and

19 (B) make recommendations for improve20 ment in the methods and procedures of assess21 ing educational attainment and strengthening

22 the national educational assessment and infor23 mation system of the Department of Education

24 or any other appropriate Federal Government

25 entity.
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1 (b) CONTINUATION.—The Panel shall issue a na2 tional report card on an annual basis for the duration of

3 the existence of the Panel.

4 (c) FORMAT.—National Report Cards shall be pre5 sented in a form that is understandable to parents and

6 the general public.

7 SEC. 104. POWERS OF THE PANEL.

8 (a) HEARINGS.—

9 (1) IN GENERAL.—The Panel shall, for the pur10 pose of carrying out this part, conduct such hear11 ings, sit and act at such times and places, take such

12 testimony, and receive such evidence, as the Panel

13 considers appropriate.

14 (2) PUBLIC HEARINGS.—In carrying out this

15 part, the Panel shall conduct public hearings in dif16 ferent geographic areas of the country, both urban

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

18 of a broad spectrum of experts and the public re19 garding the Panel’s functions described in section

20 102(a).

21 (b) INFORMATION.—The Panel may secure directly

22 from any department or agency of the United States, in23 formation necessary to enable the Panel to carry out this

24 title. Upon request of the Chairperson of the Panel, the
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1 head of a department or agency shall furnish such infor2 mation to the Panel to the extent permitted by law.

3 (c) GIFTS.—The Panel may accept, use, and dispose

4 of gifts or donations of services or property.

5 (d) POSTAL SERVICES.—The Panel may use the

6 United States mail in the same manner and under the

7 same conditions as other departments and agencies of the

8 United States.

9 (e) ADMINISTRATIVE AND SUPPORTIVE SERVICES.—

10 The Secretary of Education shall provide to the Panel, on

11 a reimbursable basis, administrative support services as

12 the Panel may request.

13 SEC. 105. ADMINISTRATIVE PROVISIONS.

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

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

16 Panel or a majority of its members.

17 (b) QUORUM.—A majority of the members shall con18 stitute a quorum for the transaction of business.

19 (c) VOTING.—No individual may vote or exercise any

20 of the powers of a member by proxy.

21 SEC. 106. DIRECTOR AND STAFF; EXPERTS AND CONSULT22 ANTS.

23 (a) DIRECTOR.—The Chairperson of the Panel shall,

24 without regard to the provisions of title 5, United States

25 Code, relating to the appointment and compensation of of-
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1 ficers or employees of the United States, appoint a Direc2 tor to be paid at a rate not to exceed the rate of basic

3 pay payable for level V of the Executive Schedule.

4 (b) APPOINTMENT AND PAY OF STAFF.—The Chair5 person of the Panel may appoint personnel as the Chair6 person considers appropriate without regard to the provi7 sions of title 5, United States Code, governing appoint8 ments to the competitive service. The staff of the Panel

9 may be paid without regard to the provisions of chapter

10 51 and subchapter III of chapter 53 of title 5, United

11 States Code, relating to classification and General Sched12 ule pay rates. The rate of pay of the staff of the Panel

13 shall not exceed the rate of basic pay payable for GS–

14 15 of the General Schedule.

15 (c) EXPERTS AND CONSULTANTS.—The Panel may

16 procure temporary and intermittent services under section

17 3019(b) of title 5, United States Code.

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

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

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

23 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

24 There are authorized to be appropriated $2,000,000

25 for fiscal year 1993 and such sums as may be necessary
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1 for each of the fiscal years 1994 through 2001 to carry

2 out this part.

3 PART B—VOLUNTARY NATIONAL EDUCATION

4 STANDARDS AND ASSESSMENTS

5 SEC. 111. NATIONAL EDUCATION STANDARDS AND ASSESS6 MENTS COUNCIL.

7 (a) ESTABLISHMENT.—There is established a Na8 tional Education Standards and Assessments Council (re9 ferred to in this title as the ‘‘Council’’).

10 (b) APPOINTMENT AND COMPOSITION.—

11 (1) APPOINTMENT.—The Council shall be com12 posed of 19 members (referred to in this part as

13 ‘‘members’’) appointed by the National Education

14 Goals Panel described in section 101.

15 (2) COMPOSITION.—The Council shall be com16 posed of—

17 (A) 9 educators who have demonstrated

18 leadership in educational innovation, including

19 at least 1 person with expertise in each of edu20 cational measurement, assessment, subject mat21 ter scholarship, and curriculum design;

22 (B) 5 State and local public officials who

23 possess strong education backgrounds and have

24 displayed a commitment to improving edu25 cation; and
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1 (C) 5 members of the general public who

2 have demonstrated a commitment to improving

3 education and bring additional perspectives

4 from the business, foundation, and advocacy

5 communities within the private sector.

6 (c) QUALIFICATIONS.—

7 (1) IN GENERAL.—Members shall be appointed

8 to the Council on the basis of widely recognized ex9 perience in, knowledge of, commitment to, and a

10 demonstrated record of service to, education and to

11 achieving education excellence at the Federal, State

12 or local level.

13 (2) NOMINATIONS.—Members under this sub14 section shall be appointed from among qualified indi15 viduals nominated by the public and other groups

16 representative of public officials, educators, and indi17 viduals described in subsection (c)(1).

18 (d) TERMS.—

19 (1) IN GENERAL.—The members shall be ap20 pointed for 3-year terms, with no member serving

21 more than 2 consecutive terms.

22 (2) CONFLICT OF INTEREST.—(A) No member

23 of the Council may concurrently serve as a member

24 of the Panel.
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1 (B)(i) No waiver shall be granted to members

2 of the Council pursuant to section 208(b)(3) of title

3 18, United States Code, regarding conflict of

4 interest.

5 (ii) Any person who serves on the Council shall

6 report any subsequent proposals for Federal, State,

7 or local funding related to the standards and assess8 ments described in subsection (e) to the National

9 Goals Panel.

10 (3) DATE OF APPOINTMENT.—The initial mem11 bers shall be appointed by the Panel, not later than

12 120 days after the date of enactment of this Act.

13 (4) RETENTION.—In order to retain an ap14 pointment to the Council, a member must attend at

15 least two-thirds of the scheduled meetings of the

16 Council in any given year.

17 (5) OFFICER SELECTION.—The members ap18 pointed under subsection (b)(2) shall select officers

19 of the Council from among the members of the

20 Council. The officers of the Council shall serve for

21 1-year terms.

22 (6) VACANCIES.—A vacancy on the Council

23 shall not affect the powers of the Council, but shall

24 be filled in the same manner as the original appoint25 ment.
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1 (7) TRAVEL.—Each member of the Council

2 shall be allowed travel expenses, including per diem

3 in lieu of subsistence, as authorized by section 5703

4 of title 5, United States Code, for each day the

5 member is engaged in the performance of duties

6 away from the home or regular place of business of

7 the member.

8 (e) FUNCTIONS OF THE COUNCIL.—

9 (1) STANDARDS.—The Council shall, with re10 gards to standards—

11 (A) coordinate the effort to establish vol12 untary national education content and student

13 performance standards;

14 (B) develop criteria for what constitutes

15 world-class content and student performance

16 standards and establish guidelines for standard

17 setting and development to ensure consensus

18 building and broad participation in the process;

19 and

20 (C) issue approval of content and student

21 performance standards as world-class based on

22 the criteria and guidelines described in subpara23 graph (B) and transmit such approved stand24 ards to the Panel for the Panel’s certification.
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1 (2) ASSESSMENTS.—The Council shall, with re2 gards to assessments—

3 (A) be a coordinating body to encourage a

4 voluntary system of assessments for individual

5 students consistent with the voluntary national

6 standards;

7 (B) establish guidelines for the develop8 ment and use of assessments to ensure that as9 sessments are valid, reliable, and fair;

10 (C) develop criteria for assessments, and

11 the use of such assessments, to ensure that the

12 assessments measure the world class standards

13 and meet the guidelines described in subpara14 graph (B);

15 (D) establish procedures and criteria to de16 termine whether assessments are comparable to

17 each other without sacrificing the validity, reli18 ability, and fairness of the assessments; and

19 (E) transmit such criteria to the Panel to

20 review for certification.

21 (3) REEXAMINATION.—The Council shall reex22 amine the criteria for certification at least once

23 every 3 years and shall reexamine any certified na24 tional standards at least once every 3 years to ascer-
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1 tain whether such standards continue to meet the

2 criteria described in paragraphs (1) and (2).

3 (f) PERFORMANCE OF FUNCTIONS.—In carrying out

4 its responsibilities, the Council shall work with Federal

5 and non-Federal agencies and organizations which are

6 conducting research, studies, or demonstration projects to

7 determine world-class education standards and assess8 ments based on such standards.

9 (g) PROCEDURES.—

10 (1) PUBLICATION.—The Council shall publish

11 in the Federal Register—

12 (A) proposed criteria for determining what

13 are world-class content and student perform14 ance standards;

15 (B) proposed guidelines for standards set16 ting;

17 (C) proposed procedures and criteria for

18 certifying content standards as world class; and

19 (D) proposed procedures and criteria for

20 assessments that measure such world-class

21 standards.

22 (2) FINAL REGULATIONS.—Final regulations,

23 reflecting public comment, for the proposals devel24 oped in accordance with paragraph (1) shall be pub-
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1 lished in the Federal Register prior to the implemen2 tation of such regulations.

3 (h) DATA COLLECTION.—The Council shall make ar4 rangements with any appropriate entity to generate or

5 collect such data as may be necessary to carry out the

6 Council’s functions.

7 SEC. 112. ANNUAL REPORTS.

8 (a) IN GENERAL.—Not later than 1 year after the

9 date that the Council concludes its first meeting of mem10 bers and in each succeeding year, the Council shall pre11 pare and submit to the President, the appropriate commit12 tees of Congress, the Secretary, and the Governor of each

13 State a report regarding its findings. Such report shall—

14 (1) analyze the progress and obstacles, if any,

15 toward the development and certification of world16 class content and student performance standards;

17 (2) analyze the progress and obstacles, if any,

18 toward the development and certification of any cri19 teria for assessments that reflect the world-class

20 standards; and

21 (3) analyze the progress and obstacles, if any,

22 to the adoption of certified content and student per23 formance standards by State and local educational

24 agencies.
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1 (b) SPECIAL RULE.—In carrying out paragraph (3)

2 of subsection (a), the Council, through the National Cen3 ter for Education Statistics, shall collect information on

4 the implementation by State and local educational agen5 cies of certified content standards, including—

6 (1) adoption of curricula frameworks, including

7 instructional materials, assessments and teacher

8 training that incorporates or reflects world-class con9 tent standards;

10 (2) availability of school resources, including in11 structional materials and technology, necessary to

12 meet world-class standards;

13 (3) staff capacity;

14 (4) school governance systems; and

15 (5) barriers to implementation of world-class

16 standards.

17 SEC. 113. POWERS OF THE COUNCIL.

18 ‘‘(a) REGIONAL MEETINGS.—(1) The Council may

19 convene regional meetings to obtain public involvement in

20 the development of proposed regulations implementing

21 this section. Such meetings should include individuals and

22 representatives of the groups involved in content and stu23 dent performance standards setting and assessments, in24 cluding educators, administrators, students, parents, cur-
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1 riculum and assessment experts, and organizations which

2 have demonstrated experience in these areas.

3 (2) The meetings described in paragraph (1) should

4 provide for a comprehensive discussion and exchange of

5 information regarding the implementation of this section

6 and the Council should take into account the information

7 received in such meetings in developing regulations.

8 (3) The Council shall solicit public comment on any

9 proposed guidelines and criteria and on standards submit10 ted for approval and certification.

11 (b) INFORMATION.—The Council may secure directly

12 from any department or agency of the United States infor13 mation necessary to enable the Council to carry out this

14 part. Upon request of the Chairperson of the Council, the

15 head of a department or agency shall furnish such infor16 mation to the Council to the extent permitted by law.

17 (c) POSTAL SERVICES.—The Council may use the

18 United States mail in the same manner and under the

19 same conditions as other departments and agencies of the

20 United States.

21 (d) ADMINISTRATIVE AND SUPPORTIVE SERVICES.—

22 The Secretary shall provide to the Council, on a reimburs23 able basis, administrative support services as the Council

24 may request.
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1 SEC. 114. ADMINISTRATIVE PROVISIONS.

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

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

4 Council or a majority of its members.

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

7 (c) VOTING.—The Council shall take all action of the

8 Council by a two-thirds majority vote of the total member9 ship of the Council, assuring the right of the minority to

10 issue written views. No individual may vote or exercise any

11 of the powers of a member by proxy.

12 SEC. 115. DIRECTOR AND STAFF; EXPERTS AND CONSULT13 ANTS.

14 (a) DIRECTOR.—The Council shall, without regard to

15 the provisions of title 5, United States Code, relating to

16 the appointment and compensation of officers or employ17 ees of the United States, appoint a Director, who by virtue

18 of education, training, and experience, is eminently quali19 fied to assist the Council in administering the functions

20 described in section 101(e) of this part to be paid at a

21 rate not to exceed the rate of basic pay payable for level

22 V of the Executive Schedule.

23 (b) APPOINTMENT AND PAY OF STAFF.—The Coun24 cil may appoint personnel who by virtue of education,

25 training, and experience are eminently qualified to assist

26 the Council in administering the functions described in
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1 section 101(e). Such appointments can be made without

2 regard to the provisions of title 5, United States Code,

3 governing appointments to the competitive service and the

4 staff of the Council may be paid without regard to the

5 provisions of chapter 51 and subchapter III of chapter 53

6 of title 5, United States Code, relating to classification

7 and General Schedule pay rates. The rate of pay of the

8 staff of the Council shall not exceed the rate of basic pay

9 payable for GS–15 of the General Schedule.

10 (c) EXPERTS AND CONSULTANTS.—The Council may

11 procure temporary and intermittent services under section

12 3019(b) of title 5, United States Code, if the individual

13 performing such services, by virtue of education, training,

14 and experience, is eminently qualified to assist the Council

15 in administering the functions described in section 101(e).

16 (d) STAFF OF FEDERAL AGENCIES.—Upon the re17 quest of the Council, the head of any department or agen18 cy of the United States is authorized to detail, on a reim19 bursable basis, any of the personnel of that department

20 or agency to the Council to assist the Council in its duties

21 under this part.

22 (e) CONFLICT OF INTEREST.—No director, staff, ex23 pert, or consultant may serve the Council if such person

24 directly or indirectly has any financial interest in the de25 velopment of tests or assessments related to the standards
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1 described in section 101(e). Any person who served the

2 Council in such capacity shall submit any subsequent pro3 posals for Federal, State, or local funding related to the

4 standards or assessments described in section 101(e) to

5 the National Goals Panel, the Congress, and to the

6 Department of Education.

7 SEC. 116. EVALUATION.

8 The National Academy of Sciences shall conduct an

9 evaluation of the work of the Council, including—

10 (1) an analysis of the technical expertise of the

11 panel and its use of outside technical assistance;

12 (2) an analysis of the process of establishing

13 guidelines and criteria for the development and cer14 tification of standards and such guidelines and cri15 teria;

16 (3) a review of standards that are certified;

17 (4) an evaluation of the process for establishing

18 criteria for assessments of world-class standards and

19 such criteria; and

20 (5) an evaluation of the research and develop21 ment work being carried out by the Department of

22 Education, in the areas of education standards, cur23 riculum, and assessment.
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1 SEC. 117. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to the Coun3 cil $2,000,000 for each of the fiscal years 1993, and 1994

4 and such sums as may be necessary for each of the fiscal

5 years 1995 through 1999 to carry out this part.

6 PART C—NATIONAL COMMISSION ON EARLY

7 CHILDHOOD ASSESSMENT

8 SEC. 121. ESTABLISHMENT.

9 There is established a National Commission on Early

10 Childhood Assessment (referred to in this Act as the

11 ‘‘Commission’’)

12 SEC. 122. FINDINGS.

13 The Congress finds that there is no assessment avail14 able at this time which adequately assesses the full range

15 of early learning and development necessary to obtain a

16 valid indication of the Nation’s progress toward the first

17 national education goal—that all children in America will

18 start school ready to learn.

19 SEC. 123. PURPOSE.

20 The purpose of the Commission is to—

21 (1) assist the Nation in tracking progress to22 ward the first national education goal;

23 (2) oversee the development of an early child24 hood assessment that advances a broad view of

25 school readiness and expands our knowledge of how

26 to assess young children equitably; and
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1 (3) ensures that such an assessment is not used

2 to label, stigmatize, or track any individual child but

3 to focus and improve policies and services to ensure

4 that all children do start school ready to learn.

5 SEC. 124. APPOINTMENT AND COMPOSITION.

6 (a) APPOINTMENTS.—Members of the Commission

7 shall be appointed by the National Education Goals Panel.

8 (b) NOMINATIONS.—The Panel shall appoint such

9 members to the Commission from among qualified individ10 uals nominated by the public.

11 (c) QUALIFICATIONS.—The Panel shall ensure that

12 the Commission is made up of individuals with the quali13 fications necessary to carry out the purposes of this

14 section.

15 (d) TERMS.—Members shall serve for 3-year terms

16 with no member serving more than 2 consecutive terms.

17 SEC. 125. FUNCTIONS OF THE COMMISSION.

18 The Commission shall—

19 (1) serve as a standing advisory group to the

20 Panel on the first national goal;

21 (2) establish a framework by which school read22 iness can be understood and assessed, taking into

23 account the many dimensions of early childhood de24 velopment;
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1 (3) create clear guidelines as to the functions

2 and uses of such an assessment system;

3 (4) coordinate a program of research and devel4 opment to create the necessary knowledge and tech5 nology to make such an assessment possible;

6 (5) oversee the development of a national as7 sessment of young children based on our best think8 ing of what defines early learning and development

9 during this period and the best assessment tech10 nology available so as to provide the Nation with a

11 fair and valid indication of the status of these

12 children;

13 (6) monitor the field testing of such an assess14 ment and approve its national use; and

15 (7) carry out a sustained and intensive evalua16 tion of the assessments and their use so as to ensure

17 that they are achieving the intended results and

18 being used for the purposes for which they were

19 designed.

20 SEC. 126. REPORTS.

21 The Commission shall prepare and submit a report

22 regarding its work to the Panel and the Congress not later

23 than 1 year after the date of its first meeting and in each

24 succeeding year.
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1 SEC. 127. AUTHORIZATION OF APPROPRIATIONS.

2 There are authorized to be appropriated to the Coun3 cil $1,000,000 for fiscal year 1994 and such sums as may

4 be necessary for each of the fiscal years 1995 through

5 2000.

6 TITLE II—NATIONAL EDUCATION

7 REFORM AND EXCELLENCE

8 SEC. 201. SHORT TITLE.

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

10 Reform and Excellence Act’’.

11 SEC. 202. CONGRESSIONAL FINDINGS.

12 The Congress finds that—

13 (1) a national consenus has been reached that

14 every effort must be made to achieve the National

15 Education Goals;

16 (2) work at the national level to establish what

17 all students should know and be able to do must be

18 accompanied by State and local efforts to make sure

19 the education delivery system is up to the task of

20 delivering high quality instruction based on such

21 standards;

22 (3) strategies must be developed by States and

23 communities to support the revitalization of all local

24 schools by fundamentally changing the entire system

25 of education through comprehensive, coherent, and

26 coordinated improvement;
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1 (4) parents, teachers and other local educators,

2 and community leaders must be involved in develop3 ing system-wide reform strategies that reflect the

4 needs of their individual communities;

5 (5) States and local educational agencies, work6 ing together, must immediately set about developing

7 and implementing such system-wide reform strate8 gies if the Nation is to educate all children to meet

9 their full potential and achieve national goals;

10 (6) in order to be successful, Federal funds di11 rected at school reform must leverage substantive

12 change in the education system as a whole; and

13 (7) more specifically, Federal education pro14 grams such as chapter 1 must be recast so as to be

15 a catalyst for improving the education of disadvan16 taged students so that they are included in the na17 tional effort to achieve the National Education

18 Goals.

19 SEC. 203. PURPOSE.

20 The purpose of this title is to raise the quality of edu21 cation for all students by supporting a long-term broad

22 based effort to promote coherent and coordinated changes

23 in the system of education throughout the Nation at the

24 State and local level.
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1 SEC. 204. PROGRAM AUTHORIZED.

2 The Secretary is authorized, in accordance with the

3 provisions of this title, to make grants to State educational

4 agencies to enable States and local educational agencies

5 to reform and improve the quality of education throughout

6 the Nation. Such grants shall be used to—

7 (1) develop innovative educational reform plans,

8 which—

9 (A) include State achievement goals, a

10 means for developing or adopting high quality,

11 challenging curricular frameworks and coordi12 nated curricular materials, professional develop13 ment strategies, and assessment instruments;

14 (B) describe how Federal and State cat15 egorical programs will be utilized in State and

16 local reform efforts;

17 (C) create a process for allowing local edu18 cational agencies greater flexibility in achieving

19 national and State goals and standards; and

20 (2) implement such reforms and plans to im21 prove the education system at the State and local

22 levels.

23 SEC. 205. APPLICATION.

24 (a) IN GENERAL.—If a State desires to receive assist25 ance under this title, the State educational agency shall

26 submit an application to the Secretary at such time, in
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1 such manner, and accompanied by such additional infor2 mation as the Secretary may reasonably require. Such

3 application shall cover a 5-year period.

4 (b) CONSIDERATION OF APPLICATIONS.—Each such

5 application shall—

6 (1) contain satisfactory evidence that the State

7 educational agency has or will have authority, by

8 legislation if necessary, to implement the plan re9 quired under section 206;

10 (2) describe how a State will ensure broad par11 ticipation in the planning process to establish the

12 goals and to refine them in the future, as well as

13 participate in the development of all other compo14 nents of the plan;

15 (3) provide an assurance that the State will no16 tify the public (including individuals with limited

17 English proficiency), and local educational agen18 cies—

19 (A) that the State has made application

20 for funds under this title; and

21 (B) that the State is developing a plan

22 under section 206;

23 (4) provide an assurance that the State has the

24 goal of providing all students with equal access to
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1 the curricular frameworks, high quality curricular

2 materials, and well-qualified teachers;

3 (5) describe actions taken and resources identi4 fied or committed to meet the requirements of this

5 title;

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

7 will prepare and submit to the Secretary, annual

8 evaluations of and reports concerning the State pro9 gram; and

10 (7) provide an assurance that the State will

11 carry out the provisions of section 206.

12 (c) APPROVAL.—The Secretary shall approve an ap13 plication and any amendment to the application if the ap14 plication or the amendment to such application meets the

15 requirements of this section and is of sufficient quality to

16 meet the objectives of this title. The Secretary shall not

17 finally disapprove an application or an amendment to such

18 application except after giving reasonable notice, technical

19 assistance, and an opportunity for a hearing.

20 (d) REAPPLICATION.—(1) A State educational agen21 cy may apply for assistance for a second 5-year period and

22 such application shall be approved by the Secretary if the

23 State—

24 (A) has met all of its reporting requirements;

25 and
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1 (B) demonstrates that it has made substantial

2 progress in carrying out its plan.

3 (2) The Secretary shall not finally disapprove an ap4 plication or an amendment to such application except after

5 giving reasonable notice, technical assistance, and an

6 opportunity for a hearing.

7 SEC. 206. DEVELOPMENT AND APPROVAL OF STATE PLAN.

8 (a) ESTABLISHMENT OF PANEL.—Each State pro9 gram assisted under this title shall establish a panel to

10 develop a statewide reform plan. Such panel shall consist

11 of—

12 (1) the chief executive of the State (or des13 ignee);

14 (2) the presiding officers and the minority lead15 ers of the State legislature (or designees);

16 (3) the chief State school officer;

17 (4) the head of the office that coordinates high18 er education programs in the State or, if there is no

19 such office, the head of the office designated under

20 section 2008 of the Dwight D. Eisenhower Mathe21 matics and Science Education Act (20 U.S.C. 2988)

22 (or designee); and

23 (5) individuals representing each of the follow24 ing:

25 (A) Teachers.
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1 (B) School administrators.

2 (C) Local school boards.

3 (D) Parents.

4 (E) Businesses.

5 (F) State board of education.

6 (b) ADDITIONAL MEMBERS.—(1) The first meeting

7 of such panel shall be convened by the chief executive of

8 the State. At such meeting, the panel members designated

9 and nominated in subsection (a) shall select additional

10 panel members.

11 (2) The membership of the panel shall be geographi12 cally representative of all areas of the State.

13 (3) Following the selection of additional members, the

14 chief executive of the State shall convene a meeting of the

15 full panel to establish procedures regarding the operation

16 of subsequent meetings, including the designation of a

17 panel chairperson, consistent with applicable State law.

18 (c) DEVELOPMENT OF STATE PLAN.—(1) The panel

19 shall develop a plan that will result in—

20 (A) the establishment of State goals to maxi21 mize achievement for all children in conjunction with

22 national educational goals;

23 (B) the establishment of curricular frameworks

24 in specific subject matter areas that incorporate the

25 goals established under subparagraph (A);
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1 (C) the development or adoption of instruc2 tional materials to assist the implementation of the

3 curricular frameworks;

4 (D) the allocation of resources to implement

5 such a system-wide reform plan;

6 (E) the establishment or adoption of a valid, re7 liable, and fair assessment system based upon the

8 curricular frameworks that is capable of accurately

9 measuring the skills and knowledge required to meet

10 State goals;

11 (F) professional development strategies nec12 essary for achieving the State goals;

13 (G) the establishment of a process for reviewing

14 Federal, State, and local laws and regulations and

15 for seeking waivers to Federal education laws and

16 regulations as set forth in title III of this Act;

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

20 (I) provides for the ongoing evaluation of the

21 effectiveness of the State plan in closing the gap be22 tween high and low achieving students to be as23 sessed using achievement and other measures such

24 as attendance, grade retention, and dropout rates;
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1 (J) provides for the availability of curricular

2 frameworks, curricular materials, and professional

3 development in a manner ensuring equal access by

4 all local educational agencies in the State;

5 (K) describes the steps the State educational

6 agency shall take to ensure that successful programs

7 and practices supported by subgrants awarded to

8 local educational agencies under this title shall be

9 disseminated to other local educational agencies in

10 the State; and

11 (L) describes methods, such as interagency co12 operative agreements, of coordinating health and so13 cial services with education.

14 (2) In developing the plan, the panel shall—

15 (A) emphasize outcome measures rather than

16 prescribing how the State and local educational

17 agencies should achieve such outcomes;

18 (B) review recent innovations by other States

19 and by national professional subject matter organi20 zations in educational goals, curricula, and assess21 ment nationally;

22 (C) review existing Federal education programs

23 and how they can contribute to the State plan; and

24 (D) ensure broad-based participation through

25 regular notice and dissemination of information to
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1 the public (including individuals with limited English

2 proficiency) using print and electronic media.

3 (3) Following the development of the plan, the panel

4 shall seek public comment and after providing the public

5 with an opportunity to comment on the plan, the panel

6 shall consider the public comments and make appropriate

7 changes.

8 (4) The plan shall be submitted to the State edu9 cational agency for review except that any changes to such

10 plan shall be made with the concurrence of the panel. Be11 fore any funds under this Act may be used to implement

12 the plan, the State educational agency shall submit such

13 plan to the Secretary for approval. In the event that the

14 State has previously accomplished any of the reform ac15 tivities required under this title in a specific subject area

16 or set of grade levels, the State is not required to include

17 them in the plan but shall include a request for a waiver,

18 including a description of such accomplishments.

19 (5)(A) The Secretary shall approve a State’s plan if

20 such plan—

21 (i) meets the requirements of this section;

22 (ii) is of sufficient quality to meet the objectives

23 of this title; and

24 (iii) provides evidence that the State has, or will

25 have, the resources necessary to carry it out.
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1 (B) The Secretary shall not finally disapprove a plan

2 or an amendment to such plan except after giving reason3 able notice, technical assistance, and an opportunity for

4 a hearing.

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

6 State educational agency shall review on an ongoing basis,

7 the implementation of the State plan for the period during

8 which the State receives funding under this title. The re9 sults of such review shall be prepared in writing by the

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

11 the Secretary under section 213(a).

12 SEC. 207. STATE USES OF FUNDS.

13 (a) USES OF FUNDS.—Funds allotted by the Sec14 retary under section 211(a) and State and private funds

15 contributed to make up the total cost of a State program

16 as provided in section 211(b) shall be used by a State with

17 an approved application for the following purposes—

18 ‘‘(1) development and implementation of the

19 State plan, including the establishment of State

20 goals, curricular frameworks, and assessment sys21 tems;

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

23 expenses of the members of such panel);

24 ‘‘(3) subgrants to local educational agencies;
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1 ‘‘(4) technical assistance (including dissemina2 tion of information) to local educational agencies to

3 assist in developing and carrying out their plans;

4 and

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

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

7 year that a State receives an allotment under this title,

8 the State educational agency may make subgrants for the

9 purpose of developing local plans as provided in section

10 208 consistent with section 206(c)(1)(H). In the second

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

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

13 educational agency shall make subgrants to local edu14 cational agencies which shall include at least one local edu15 cational agency in each congressional district which shall

16 receive a subgrant.

17 (c) SPECIAL PROVISION.—Funds available under sec18 tion 211 shall be used to carry out the plan in a manner

19 which ensures that all children, especially those identified

20 through the assessment process (using achievement and

21 other measures) as not achieving satisfactorily, are af22 forded ample opportunity to reach local, State, and

23 national goals.
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1 SEC. 208. DEVELOPMENT AND APPROVAL OF LOCAL PLANS.

2 (a) LOCAL TASK FORCE.—(1) A local educational

3 agency which desires to receive a subgrant under this sec4 tion shall establish a school reform task force comprised

5 of—

6 (A) the chief elected officer of the unit of gen7 eral purpose local government with boundaries which

8 are most closely aligned with the geographic bound9 aries of the local educational agency;

10 (B) the superintendent of the local educational

11 agency;

12 (C) a representative nominated by the local

13 school board;

14 (D) a representative nominated by local teach15 ers;

16 (E) a representative nominated by the largest

17 business association with business members having

18 an interest in educational improvement that operate

19 in a geographic area that is most closely aligned

20 with the local educational agency; and

21 (F) a representative nominated by the parents

22 of children served in the schools.

23 (2) The first meeting of such task force shall be con24 vened by the superintendent to enable the committee mem25 bers designated and selected in paragraph (1) to select ad-
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1 ditional members necessary to carry out the duties and

2 activities required by this section.

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

4 the superintendent shall convene a meeting of the task

5 force to establish procedures regarding the operation of

6 subsequent meetings, including the designation of a task

7 force chairperson, consistent with applicable State and

8 local law.

9 (4) Each meeting of such task force shall be open

10 to the public.

11 (5) The task force shall develop the local plan

12 described in subsection (b).

13 (b) LOCAL PLAN.—As described in the State reform

14 plan, and consistent with the recommendations of the

15 panel established under section 206, the State shall make

16 subgrants to local educational agencies. Each subgrant

17 shall be of a sufficient amount to develop or implement

18 a locally developed plan which—

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

21 (2) describes a process to ensure broad-based

22 community participation in the development of the

23 local plan;

24 (3) proposes district-wide reform which in25 cludes—
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1 (A) the setting of local goals;

2 (B) the development or adoption of cur3 ricular and instructional materials which reflect

4 State goals, State curricular frameworks and

5 local goals;

6 (C) the development or adoption of an as7 sessment system which is curriculum based and

8 includes achievement and other indicators that

9 validly, fairly, and reliably measure progress of

10 all students (including students from non-Eng11 lish language backgrounds and students with

12 disabilities) toward meeting State and local

13 goals;

14 (D) the provision of teacher and adminis15 trator training relevant to the new curricular

16 and instructional materials; and

17 (E) a review and restructuring, if nec18 essary, of the administrative and staffing struc19 ture of the local educational agency and individ20 ual schools within such agency.

21 (4) describes how parents are involved in the

22 development, operation, and evaluation of programs

23 and activities assisted under this title;

24 (5) provides for the ongoing evaluation of the

25 effectiveness of the local plan in meeting State and
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1 local goals and in closing the gap between high and

2 low achieving students;

3 (6) reviews existing Federal education pro4 grams, including early childhood education pro5 grams, and describes how such programs will be uti6 lized as part of the district reform plan;

7 (7) based on the recommendations of teachers,

8 principals and the task force, identifies provisions of

9 Federal, State, and local laws and regulations that

10 may impede the implementation of the plan and

11 seeks a waiver of such provisions as set forth in title

12 III of this Act;

13 (8) describes the process that will be used to

14 ensure that the funds received will be used to the

15 maximum extent at the local school level; and

16 (9) describes the steps the local educational

17 agency shall take to ensure that successful practices

18 supported by assistance provided to schools under

19 this title shall be disseminated to other schools in

20 the local educational agency.

21 (c) ASSISTANCE FOR LOCAL PLAN DEVELOPMENT.—

22 The State shall, upon the request of the task force of a

23 local educational agency, provide technical assistance in

24 the development of a local plan.
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1 (d) SUBMISSION OF LOCAL PLAN.—(1) Prior to sub2 mitting the local plan to the State Panel for possible fund3 ing, the task force and the local education agency shall

4 hold public meetings to explain the plan to the public, seek

5 input on possible changes to the plan, and solicit input

6 from persons not involved in the development of the initial

7 plan.

8 (2) After making any changes in the plan as a result

9 of the public meetings, the local education agency and the

10 task force shall jointly submit the plan to the State Panel

11 for review and possible funding.

12 (3) Such plan shall be accompanied by any written

13 comments from individuals and groups in the community

14 that either support or oppose parts of the plan.

15 (e) ADDITIONAL SUBGRANT.—A local educational

16 agency may not receive an additional subgrant in a suc17 ceeding year unless such local educational agency dem18 onstrates substantial progress in the implementation of its

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

20 title, provides evidence of improved student achievement

21 and progress toward State and local national goals.

22 (f) REVIEW OF LOCAL PLAN.—(1) The task force

23 and the local educational agency shall review, on an ongo24 ing basis, the progress of the local educational agency in
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1 implementing the local plan for the period during which

2 such agency receives funding under this title.

3 (2) The local education agency and the task force

4 shall annually submit a joint written progress report to

5 the State panel established under section 206, and the

6 State educational agency.

7 SEC. 209. LOCAL USES OF FUNDS.

8 A local educational agency which receives a subgrant

9 under this title shall use the funds for the purpose of dis10 trict-wide reform, consistent with the State and local

11 plans. Activities authorized under this section are—

12 (1) the development and implementation of the

13 local plan;

14 (2) schools which reflect the best available

15 knowledge regarding teaching and learning for all

16 students in public schools, which use the highest

17 quality instructional materials and technologies, and

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

19 educational goals as well as the particular needs of

20 their students and communities;

21 (3) public school choice programs, including

22 charter schools, which permit parents to select the

23 public school their children will attend;

24 (4) systems such as performance schools and

25 performance pay which reward public schools and
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1 teachers with students who, as a group, demonstrate

2 improved performance on curriculum related out3 come measures;

4 (5) activities that supplement early childhood

5 education programs and increase the readiness of

6 young children to learn;

7 (6) site-based management which places maxi8 mum decisionmaking authority at the individual

9 school level and that, at a minimum, involves teach10 ers and other professional staff;

11 (7) activities which maximize parental involve12 ment in improving the education of their children;

13 (8) coordination of health and social services

14 with education;

15 (9) planning to improve the use of technology

16 in schools;

17 (10) development or adoption, with substantial

18 involvement of principals, teachers, and other admin19 istrators, of curricula, instructional materials, and

20 assessment instruments which are consistent with

21 State frameworks and local goals; and

22 (11) other school reform activities which will

23 bring about comprehensive school improvement

24 through systemic change in the local educational

25 agency.
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1 SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

2 For the purpose of carrying out this title, there are

3 authorized to be appropriated $200,000,000 for the fiscal

4 year 1994, and such sums as may be necessary for each

5 of the fiscal years 1995 through 2001.

6 SEC. 211. ALLOTMENT OF FUNDS.

7 (a) TO STATES.—(1) From funds appropriated under

8 section 210, the Secretary shall allot to the Secretary of

the Interior for each fiscal year an amount equal to 1 9 ⁄2

10 of 1 percent of the funds appropriated, not to exceed

11 $2,000,000 in any fiscal year, to benefit Indian students

12 enrolled in schools funded by the Department of the Inte13 rior for Indian students. The provisions of subsection (b)

14 of this section shall not apply to payments made under

15 this paragraph.

16 (2) From the remaining amount appropriated under

17 section 210, the Secretary shall make annual grants to

18 States with approved applications based upon the formula

19 established in part A of chapter 1 of title I of the Elemen20 tary and Secondary Education Act.

21 (b) MATCHING REQUIREMENT.—(1) The Federal

22 share under this title may not exceed—

23 (A) 100 percent of the total cost of a program

24 for the first year for which a State receives funds

25 under this title;
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1 (B) 85 percent of the total cost of a program

2 for the second year for which a State receives funds

3 under this title;

4 (C) 60 percent of the total cost of a program

5 for the third year for which a State receives funds

6 under this title;

7 (D) 45 percent of the total cost of a program

8 for the fourth year for which a State receives funds

9 under this title; and

10 (E) 33 percent of the total cost of a program

11 for the fifth and any succeeding year for which a

12 State receives funds under this title.

13 (2) The remaining cost of a program that receives

14 assistance under this title shall be paid by the State from

15 State funds or Federal chapter 2 funds and may include

16 contributions from the private sector.

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

18 funds appropriated under this title may be in cash or in

19 kind fairly evaluated.

20 (4) The requirements of this subsection shall not

21 apply to the Virgin Islands, the Commonwealth of Puerto

22 Rico, or Pacific outlying areas.

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

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

25 any fiscal year if the Secretary finds that either the com-
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1 bined fiscal effort per student or the aggregate expendi2 tures within the State with respect to the provision of free

3 public education for the preceding fiscal year was not less

4 than 90 percent of such combined fiscal effort or aggre5 gate expenditures for the second preceding fiscal year.

6 (d) ADMINISTRATIVE COSTS.—From its annual allot7 ment, a State may reserve for administration (not to in8 clude the activities of the panel) an amount not to exceed

9 4 percent or $250,000, whichever is greater.

10 (e) ASSURANCES AND TERMS.—The funds allotted to

11 the Secretary of the Interior under subsection (a)(1) shall

12 be made in a payment which shall be pursuant to an

13 agreement between the Secretary and the Secretary of the

14 Interior containing such assurances and terms as the Sec15 retary determines will best achieve the purposes of this

16 title.

17 SEC. 212. AVAILABILITY OF INFORMATION AND TRAINING.

18 (a) INFORMATION AND TRAINING.—Proportionate to

19 the number of children in a State or in a local educational

20 agency who are enrolled in private elementary or second21 ary schools—

22 (1) a State educational agency or local edu23 cational agency which uses funds under this title to

24 develop goals, curricular frameworks, curricular ma25 terials, and assessments shall, upon request, make
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1 information related to such goals, frameworks, mate2 rials, and assessments available to private schools;

3 and

4 (2) a State educational agency or local edu5 cational agency which uses funds under this title for

6 teacher and administrator training shall provide in

7 its plan for the training of teachers and administra8 tors of private schools located in the geographical

9 area served by such agency.

10 (b) WAIVER.—If, by reason of any provisions of law,

11 a State or local educational agency is prohibited from pro12 viding for the equitable participation of teachers and ad13 ministrators from private schools in training programs as14 sisted with Federal funds provided under this title, or if

15 the Secretary determines that a State or local educational

16 agency has substantially failed or is unwilling to provide

17 for such participation, the Secretary shall waive such re18 quirements and shall arrange for the provision of training

19 consistent with State goals and curricular frameworks for

20 such teachers and administrators. Such waivers shall be

21 subject to consultation, withholding, notice, and judicial

22 review in accordance with section 1017 of this Act.
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1 SEC. 213. ANNUAL PROGRESS REPORTS: TECHNICAL AS2 SISTANCE.

3 A State which receives funds under this title shall

4 annually report to the Secretary—

5 (1) regarding such State’s progress in meeting

6 its goals and plan; and

7 (2) describing proposed activities for the suc8 ceeding year.

9 SEC. 214. EVALUATION AND DISSEMINATION.

10 (a) EVALUATION.—The Secretary shall evaluate a

11 representative sample of such State and local reform ef12 forts over the course of the 10-year authorization in order

13 to assess the effectiveness of such plans and activities in

14 improving the education performance of all children. Such

15 evaluations shall specifically examine the effects of such

16 activities on disadvantaged students. The Secretary may

reserve up to 3 17 ⁄4 of one percent of the appropriations for

this title to carry out this section provided that 1 18 ⁄2 of one

19 percent of such appropriation shall be reserved for tech20 nical assistance under section 213(c) and for subsection

21 (c) of this section.

22 (b) DISSEMINATION.—The Secretary shall, annually

23 and upon request, disseminate to the States information

24 on approaches and materials developed under this title or

25 through related efforts.
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1 SEC. 215. REPORT TO CONGRESS.

2 The Secretary shall submit annually to the chair3 person of the Committee on Education and Labor of the

4 House of Representatives and the Committee on Labor

5 and Human Resources of the Senate a report that con6 tains—

7 (1) a description of the progress that States re8 ceiving funds under this title have made in develop9 ing and implementing their plans; and

10 (2) information from State and local reports re11 garding requirements in Federal law or regulation

12 which have been identified by States and local edu13 cational agencies as impeding the system-wide re14 form schools under this title.

15 SEC. 216. GENERAL PROVISIONS.

16 Nothing in this title shall—

17 (1) supersede State law; or

18 (2) be construed to authorize any department,

19 agency, officer, or employee of the Federal Govern20 ment to—

21 (A) exercise any control over the curricu22 lum, program of instruction, administration or

23 personnel of any educational institution or

24 school system; or

25 (B) prescribe the use of a particular exam26 ination or standards.
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1 SEC. 217. DEFINITIONS.

2 For purposes of this title:

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

4 system for measuring the abilities and academic

5 achievement of students that is based upon a set of

6 curricular frameworks and the expected outcomes

7 embodied therein.

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

9 description, in a particular subject area, of the

10 knowledge and skills children should acquire at each

11 grade level.

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

13 American Samoa, Guam, the Commonwealth of the

14 Northern Mariana Islands, and the Republic of

15 Palau (until such time as the compact of Free

16 Association is ratified.

17 TITLE III—FREEDOM TO IM18 PROVE EDUCATIONAL

19 ACHIEVEMENT

20 SEC. 301. PURPOSE.

21 It is the purpose of this title to allow States, local

22 educational agencies, and schools the flexibility to use and

23 combine Federal, State, and local funds to improve the

24 educational achievement of all elementary and secondary

25 school students, including students with disabilities, stu26 dents who are disadvantaged, and students who are lim-
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1 ited English proficient, and to help schools and students

2 meet the National Education Goals by waiving certain

3 statutory and regulatory requirements. Such waivers shall

4 maintain appropriate protections with respect to civil

5 rights, discrimination, and safety.

6 SEC. 302. PROGRAM AUTHORIZED.

7 (a) EDUCATION PROGRAMS.—The Secretary of Edu8 cation is authorized to waive certain Federal statutory and

9 regulatory requirements (except as provided in section

10 304) for States, local educational agencies, and schools

11 that can demonstrate that such waivers are part of efforts

12 to achieve education reform and meet the National Edu13 cation Goals for all students, where such waivers are part

14 of a State or local systemic reform plan, and where such

15 States and local educational agencies have implemented

16 similar waiver plans.

17 (b) ADDITIONAL PROGRAMS.—Waivers may also be

18 requested for requirements regarding the following pro19 grams:

20 (1) The Head Start Act.

21 (2) The Runaway and Homeless Youth Act.

22 (3) The Juvenile Justice and Delinquency Pre23 vention Act.

24 (4) The National School Lunch Act.

25 (5) The School Breakfast Program.
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1 (6) The Child and Adult Care Food Program.

2 (7) The Special School Milk Program.

3 (8) The Summer Food Service Program.

4 (9) The Community Services Block Grant Pro5 gram.

6 If such waivers are requested, the Secretary shall consult

7 with the heads of other appropriate Federal agencies, if

8 any, in determining whether to approve a project. The

9 Secretary shall obtain the approval of such agency head

10 as part of final approval of such project.

11 SEC. 303. APPLICATIONS.

12 (a) GENERAL REQUIREMENTS.—A school, local edu13 cational agency, or State that desires to receive a waiver

14 under this part shall—

15 (1) indicate which Federal requirements are to

16 be waived and how waiving such requirements will

17 improve educational achievement among all students;

18 (2) describe educational programs and goals

19 being proposed and how such programs will meet the

20 needs of all students;

21 (3) identify the Federal programs to be in22 cluded in the project;

23 (4) indicate which State and local requirements

24 to be waived;
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1 (5) describe specific, measurable educational

2 improvement goals and expected outcomes for all af3 fected students;

4 (6) describe methods to be used to measure

5 progress toward meeting such goals;

6 (7) describe how programs will continue to

7 focus on the same populations served by programs

8 for which waivers are requested;

9 (8) describe how students not now eligible for

10 programs for which waivers are granted can be

11 served without weakening the program benefits for

12 eligible populations; and

13 (9) describe the student population at proposed

14 schools, including—

15 (A) current data regarding the achieve16 ment levels of students, particularly disadvan17 taged students;

18 (B) the number of students who—

19 (i) are of limited English proficiency,

20 as defined in section 7003(a)(1) of the Bi21 lingual Education Act;

22 (ii) are children with disabilities, as

23 defined in section 602(a)(1) of the Individ24 uals with Disabilities Education Act;
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1 (iii) are currently or were, within the

2 past 5 years, migratory;

3 (iv) are educationally disadvantaged

4 for the purposes of chapter 1 of title I of

5 the Elementary and Secondary Education

6 Act of 1965; and

7 (v) are eligible for a free or reduced8 price lunch.

9 (b) ADDITIONAL REQUIREMENTS.—The Secretary of

10 Education may include additional requirements as may

11 reasonably be required.

12 (c) INDIVIDUAL SCHOOL APPLICATIONS.—A local

13 school that desires to receive a waiver under this title shall

14 submit an application to the local educational agency,

15 which, after review, shall submit such application to the

16 State educational agency.

17 (d) LOCAL APPLICATIONS.—(1) A local educational

18 agency that desires to receive a waiver under this title

19 shall submit an application to the State educational

20 agency for review.

21 (2) A State educational agency that approves an ap22 plication submitted by a local educational agency shall for23 ward such application to the Secretary of Education for

24 consideration, unless such application requires waivers for

25 programs other than education programs.
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1 (3) An application that requests a waiver for a pro2 gram other than an education program shall be submitted

3 to the chief executive of the State and such executive shall

4 forward such application to the Secretary of Education.

5 (e) STATE APPLICATIONS.—(1) A State educational

6 agency that desires to receive a waiver under this title

7 shall submit an application to the Secretary of Education

8 for consideration, unless such application requires waivers

9 for other than education programs.

10 (2) Such application shall be submitted to the chief

11 executive of the State for review before forwarding such

12 application to the Secretary of Education.

13 SEC. 304. WAIVER RESTRICTIONS.

14 Nothing in this section shall be construed to author15 ize any changes in, substitutions for, or lessening of the

16 protections of Federal laws and regulations regarding civil

17 rights, discrimination, and safety or to affect regulations

18 and prohibitions concerning the diversion of Federal funds

19 for private use. Requirements which shall not be waived

20 include—

21 (1) requirements governing fund allocations;

22 (2) requirements governing privacy of pupil

23 records;

24 (3) requirements under title VI of the Civil

25 Rights Act of 1964;
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1 (4) provisions of section 504 of the Rehabilita2 tion Act of 1973;

3 (5) provisions of title II of the Americans with

4 Disabilities Act;

5 (6) requirements of title IX of the Education

6 Amendments of 1972;

7 (7) requirements of parts A, B, and H under

8 the Individuals with Disabilities Education Act;

9 (8) requirements governing—

10 (A) maintenance of effort;

11 (B) comparability; or

12 (C) the equitable participation of students

13 attending private schools; and

14 (9) requirements on parental participation and

15 involvement.

16 SEC. 305. EVALUATIONS AND TECHNICAL ASSISTANCE.

17 (a) WAIVERS.—Three years after a waiver is provided

18 to a school or local educational agency, the Secretary of

19 Education shall evaluate the effectiveness of such waiver,

20 based on reports and evaluations conducted by the State

21 educational agency, in meeting the goals outlined in their

22 application, in achieving educational reform, in raising

23 student achievement for all students, including students

24 with disabilities, students who are disadvantaged, and stu-
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1 dents who are limited English proficient, and in meeting

2 the National Education Goals.

3 (b) TECHNICAL ASSISTANCE.—If the Secretary de4 termines that progress in achieving education reform is

5 not satisfactory, the Secretary may provide technical as6 sistance to a school or local educational agency.

7 (c) TERMINATION.—If the Secretary determines that

8 the technical assistance does not improve education reform

9 efforts, the Secretary may immediately terminate any

10 waivers previously granted.

11 (d) NATIONAL EVALUATION.—Three years after the

12 flexibility program is implemented and at the end of every

13 succeeding 3-year period, the Secretary shall evaluate the

14 effectiveness of the flexibility program nationwide. The

15 findings of such evaluation shall be submitted to the Con16 gress not later than 120 days after such evaluation is

17 completed.

18 SEC. 306. REPORTS.

19 (a) LOCAL REPORTS.—A local educational agency or

20 school that participates in a flexibility project under this

21 title shall submit an annual report to the State educational

22 agency that—

23 (1) describes project activities;

24 (2) evaluates the progress in achieving the goals

25 stated in the application; and
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1 (3) evaluates the effectiveness of coordinating

2 services for students and their families.

3 (b) STATE REPORTS.—(1) A State that participates

4 in a flexibility project under this title shall submit an an5 nual report to the Secretary of Education which evaluates

6 the progress in achieving goals stated in the application.

7 (2) The State Educational Agency, upon receipt of

8 reports of local educational agencies or schools participat9 ing in a flexibility project, shall review such documents

10 and evaluate the progress of such programs in elevating

11 academic achievement for all students, accomplishing edu12 cation reform and meeting the National Education Goals.

13 Such reports and evaluations shall be submitted to the

14 Secretary of Education on an annual basis.

15 (c) SECRETARY REPORTS.—The Secretary of Edu16 cation shall submit to the Congress a biennial report,

17 based on State reports, regarding the national progress

18 of flexibility programs and the effect of such programs on

19 improving educational achievement for all students and

20 meeting the National Education Goals. The Secretary

21 shall disseminate information on exemplary practices

22 through the National Diffusion Network.

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