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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1097 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Educational Excellence for All 
Students Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) the Federal Government currently spends more than 
        $9,000,000,000 supporting education at the kindergarten through 
        12th grade level in the United States;
            (2) these programs, and the funds authorized, currently do 
        not contribute sufficiently to lifting the educational 
        achievement of all students or complement the important 
        education reforms taking place around the country;
            (3) the Federal Government should support ongoing efforts 
        to establish national educational goals, voluntary national 
        standards and a State and local educational agency-based, 
        voluntary system of assessments;
            (4) States should be assisted in carrying out systemic 
        reforms of their school systems as a means to meeting the 
        national education goals; and
            (5) the reauthorization of the Elementary, Secondary and 
        Vocational Education Act should transform such programs into a 
        major school reform vehicle by which States, school districts, 
        teachers, and parents can help every child meet the national 
        education goals.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to establish as the policy of the United States the 6 
        national education goals;
            (2) to authorize the National Education Goals Panel to 
        monitor the Nation's progress toward meeting the national 
        education goals;
            (3) to establish a process in support of voluntary national 
        education standards and a national system of voluntary 
        assessments;
            (4) to authorize a grant program to States to encourage 
        dramatic, new approaches to education that are likely to 
        provide students with an opportunity to achieve the national 
        goals; and
            (5) to establish a system by which States, local 
        educational agencies, and schools can utilize Federal, State, 
        and local education program funds in a more flexible manner in 
        order to improve delivery and effectiveness of programs.

SEC. 4. NATIONAL POLICY.

    It is the sense of Congress that--
            (1) Readiness for school.--By the year 2000, all children 
        in America will start school ready to learn.
            (2) High school completion.--By the year 2000, the high 
        school graduation rate will increase to at least 90 percent.
            (3) Student achievement and citizenship.--By the year 2000, 
        students in the United States will leave grades 4, 8, and 12 
        having demonstrated competency in challenging subject matter 
        including English, mathematics, science, history, and 
        geography; and every school in the United States will ensure 
        that all students learn to use their minds well, so they may be 
        prepared for responsible citizenship, further learning, and 
        productive employment in our modern economy.
            (4) Science and mathematics.--By the year 2000, students in 
        the United States will be first in the world in science and 
        mathematics achievement.
            (5) Adult literacy and lifelong learning.--By the year 
        2000, every adult American will be literate and will possess 
        the knowledge and skills necessary to compete in a global 
        economy and exercise the rights and responsibilities of 
        citizenship.
            (6) Safe, disciplined, and drug-free schools.--By the year 
        2000, every school in the United States will be free of drugs 
        and violence and will offer a disciplined environment conducive 
        to learning.

              TITLE I--VOLUNTARY STANDARDS AND ASSESSMENT

                 PART A--NATIONAL EDUCATION GOALS PANEL

SECTION 101. GOALS PANEL.

    (a) Establishment.--There is established a National Education Goals 
Panel (referred to in this title as the ``Panel'').
    (b) Composition.--
            (1) In general.--The Panel shall be composed of 14 members 
        (referred to in this title as members), including--
                    (A) two members appointed by the President;
                    (B) eight Governors, three of whom shall be from 
                the same political party as the President and five of 
                whom shall be of the opposite political party to the 
                President, appointed by the Chairperson or Vice 
                Chairperson of the National Governors' Association, 
                with each appointing individuals of such respective 
                political party, in consultation with each other and in 
                accordance with paragraph (2); and
                    (C) four Members of Congress appointed as follows:
                            (i) The majority leader of the Senate shall 
                        appoint 1 individual from among the Members of 
                        the Senate.
                            (ii) The minority leader of the Senate 
                        shall appoint 1 individual from among the 
                        Members of the Senate.
                            (iii) The Speaker of the House of 
                        Representatives shall appoint 1 individual from 
                        among the Members of the House of 
                        Representatives.
                            (iv) The minority leader of the House of 
                        Representatives shall appoint 1 individual from 
                        among the Members of the House of 
                        Representatives.
            (2) Special appointment rules.--(A) The members appointed 
        pursuant to paragraph (1)(B) shall be appointed as follows:
                    (i) If the Chairperson of the National Governors' 
                Association is from the same political party as the 
                President, the Chairperson shall appoint 3 individuals 
                pursuant to such paragraph and the Vice Chairperson 
                shall appoint 5 persons pursuant to such paragraph.
                    (ii) If the Chairperson of the National Governors' 
                Association is from the opposite political party as the 
                President, the Chairperson shall appoint 5 persons 
                pursuant to such paragraph and the Vice Chairperson 
                shall appoint 3 persons pursuant to such paragraph.
            (B) If the National Governors' Association has appointed a 
        panel that meets the requirements of this subsection prior to 
        the date of enactment of this Act, the members serving on such 
        panel shall be deemed to be in compliance with the provisions 
        of this subsection and shall not be required to be reappointed 
        pursuant to this subsection.
    (c) Terms.--The terms of service of members shall be as follows:
            (1) Executive branch.--Members appointed under paragraph 
        (1)(A) shall serve at the pleasure of the President.
            (2) Governors.--Members appointed under paragraph (1)(B) 
        shall serve a two-year term, except that the initial 
        appointments under such paragraph shall be made to ensure 
        staggered terms with one-half of such member's terms concluding 
        every two years.
            (3) Members of congress.--Members appointed under paragraph 
        (1)(C) shall serve a term of four years.
    (d) Initiation.--The Panel may begin to carry out the duties of the 
Panel under this part when seven members of the Panel have been 
appointed.
    (e)  Date of Appointment.--The initial members shall be appointed 
not later than 60 days after the date of enactment of this Act.
    (f)  Retention.--In order to retain an appointment to the Panel, a 
member must attend at least two-thirds of the scheduled meetings of the 
Panel in any given year.
    (g) Vacancies.--A vacancy on the Panel shall not affect the powers 
of the Panel, but shall be filled in the same manner as the original 
appointment.
    (h) Travel.--Each member shall be allowed travel expenses, 
including per diem in lieu of subsistence, as authorized by section 
5703 of title 5, United States Code, for each day the member is engaged 
in the performance of duties away from the home or regular place of 
business of the member.
    (i) Chairperson Selection.--The Panel shall select a chairperson 
from among members appointed under subsection (b)(1)(B).

SEC. 102. FUNCTIONS.

    (a) Functions.--
            (1) In general.--The Panel shall--
                    (A) propose the indicators to be used to measure 
                the National Education Goals and reporting progress in 
                achieving such goals, the baselines and benchmarks 
                against which progress may be evaluated, and the format 
                for an annual report to the Nation;
                    (B) select interim and final measures and 
                appropriate measurement tools to be developed as 
                necessary in each goal area;
                    (C) report on the Federal actions that fulfill 
                responsibilities to education, including funding the 
                Federal financial role, providing more flexibility and 
                controlling mandates that limit the States' ability to 
                fund education;
                    (D) issue a report annually to the President, the 
                Congress, the Governors, and the Nation regarding 
                progress in achieving the National Education Goals;
                    (E) assure, through requirements for State reports, 
                that student performance is reported in the context of 
                other relevant information about student, school, and 
                system performance;
                    (F) identify gaps in existing educational data, 
                make recommendations for improvements in the methods 
                and procedures for assessments that would be 
                appropriate in assessing progress in achieving the 
                National Education Goals, propose changes in national 
                and international measurement systems as appropriate 
                and make recommendations to the President, the 
                Congress, and the Governors for needed improvements;
                    (G) appoint members to the National Education 
                Standards and Assessments Council; and
                    (H) in accordance with paragraph (2), issue 
                certification of content and student performance 
                standards and the criteria for world-class assessments 
                after submission of such notification of approval by 
                the National Education Standards and Assessments 
                Council.
            (2) Special rule.--In the event that the Panel denies 
        certification to all or part of a certification of the National 
        Education Standards and Assessments Council, all or part of a 
        certification shall be returned to such Council with detailed 
        written explanations for such denial.
    (b) Performance of Functions.--In carrying out its 
responsibilities, the Panel shall operate on the principle of 
consensus.
    (c) Data Collection.--The Panel shall make arrangements with any 
appropriate entity to generate or collect such data as may be necessary 
to appropriately assess progress in achieving the National Education 
Goals.

SEC. 103. ANNUAL REPORT CARD.

    (a) In General.--The Panel shall prepare and submit to the 
President, the appropriate committees of Congress, and the Governor of 
each State a national report card, that--
            (1) sets forth an analysis of the progress of the United 
        States toward achieving the National Education Goals; and
            (2) may, as determined necessary by the Panel based on the 
        findings of the Panel and an analysis of the views and comments 
        of all interested parties--
                    (A) identify continuing gaps in existing 
                educational data; and
                    (B) make recommendations for improvement in the 
                methods and procedures of assessing educational 
                attainment and strengthening the national educational 
                assessment and information system of the Department of 
                Education or any other appropriate Federal Government 
                entity.
    (b) Continuation.--The Panel shall issue a national report card on 
an annual basis for the duration of the existence of the Panel.
    (c) Format.--National Report Cards shall be presented in a form 
that is understandable to parents and the general public.

SEC. 104. POWERS OF THE PANEL.

    (a) Hearings.--
            (1) In general.--The Panel shall, for the purpose of 
        carrying out this part, conduct such hearings, sit and act at 
        such times and places, take such testimony, and receive such 
        evidence, as the Panel considers appropriate.
            (2) Public hearings.--In carrying out this part, the Panel 
        shall conduct public hearings in different geographic areas of 
        the country, both urban and rural, to receive the reports, 
        views, and analyses of a broad spectrum of experts and the 
        public regarding the Panel's functions described in section 
        102(a).
    (b) Information.--The Panel may secure directly from any department 
or agency of the United States, information necessary to enable the 
Panel to carry out this title. Upon request of the Chairperson of the 
Panel, the head of a department or agency shall furnish such 
information to the Panel to the extent permitted by law.
    (c) Gifts.--The Panel may accept, use, and dispose of gifts or 
donations of services or property.
    (d) Postal Services.--The Panel may use the United States mail in 
the same manner and under the same conditions as other departments and 
agencies of the United States.
    (e) Administrative and Supportive Services.--The Secretary of 
Education shall provide to the Panel, on a reimbursable basis, 
administrative support services as the Panel may request.

SEC. 105. ADMINISTRATIVE PROVISIONS.

    (a) Meetings.--The Panel shall meet on a regular basis, as 
necessary, at the call of the Chairperson of the Panel or a majority of 
its members.
    (b) Quorum.--A majority of the members shall constitute a quorum 
for the transaction of business.
    (c) Voting.--No individual may vote or exercise any of the powers 
of a member by proxy.

SEC. 106. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Chairperson of the Panel shall, without regard 
to the provisions of title 5, United States Code, relating to the 
appointment and compensation of officers or employees of the United 
States, appoint a Director to be paid at a rate not to exceed the rate 
of basic pay payable for level V of the Executive Schedule.
    (b) Appointment and Pay of Staff.--The Chairperson of the Panel may 
appoint personnel as the Chairperson considers appropriate without 
regard to the provisions of title 5, United States Code, governing 
appointments to the competitive service. The staff of the Panel may be 
paid without regard to the provisions of chapter 51 and subchapter III 
of chapter 53 of title 5, United States Code, relating to 
classification and General Schedule pay rates. The rate of pay of the 
staff of the Panel shall not exceed the rate of basic pay payable for 
GS-15 of the General Schedule.
    (c) Experts and Consultants.--The Panel may procure temporary and 
intermittent services under section 3019(b) of title 5, United States 
Code.
    (d) Staff of Federal Agencies.--Upon the request of the Panel, the 
head of any department or agency of the United States is authorized to 
detail, on a reimbursable basis, any of the personnel of that agency to 
the Panel to assist the Panel in its duties under this title.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $2,000,000 for fiscal year 
1993 and such sums as may be necessary for each of the fiscal years 
1994 through 2001 to carry out this part.

     PART B--VOLUNTARY NATIONAL EDUCATION STANDARDS AND ASSESSMENTS

SEC. 111. NATIONAL EDUCATION STANDARDS AND ASSESSMENTS COUNCIL.

    (a) Establishment.--There is established a National Education 
Standards and Assessments Council (referred to in this title as the 
``Council'').
    (b) Appointment and Composition.--
            (1) Appointment.--The Council shall be composed of 19 
        members (referred to in this part as ``members'') appointed by 
        the National Education Goals Panel described in section 101.
            (2) Composition.--The Council shall be composed of--
                    (A) 9 educators who have demonstrated leadership in 
                educational innovation, including at least 1 person 
                with expertise in each of educational measurement, 
                assessment, subject matter scholarship, and curriculum 
                design;
                    (B) 5 State and local public officials who possess 
                strong education backgrounds and have displayed a 
                commitment to improving education; and
                    (C) 5 members of the general public who have 
                demonstrated a commitment to improving education and 
                bring additional perspectives from the business, 
                foundation, and advocacy communities within the private 
                sector.
    (c) Qualifications.--
            (1) In general.--Members shall be appointed to the Council 
        on the basis of widely recognized experience in, knowledge of, 
        commitment to, and a demonstrated record of service to, 
        education and to achieving education excellence at the Federal, 
        State or local level.
            (2) Nominations.--Members under this subsection shall be 
        appointed from among qualified individuals nominated by the 
        public and other groups representative of public officials, 
        educators, and individuals described in subsection (c)(1).
    (d) Terms.--
            (1) In general.--The members shall be appointed for 3-year 
        terms, with no member serving more than 2 consecutive terms.
            (2) Conflict of interest.--(A) No member of the Council may 
        concurrently serve as a member of the Panel.
            (B)(i) No waiver shall be granted to members of the Council 
        pursuant to section 208(b)(3) of title 18, United States Code, 
        regarding conflict of interest.
            (ii) Any person who serves on the Council shall report any 
        subsequent proposals for Federal, State, or local funding 
        related to the standards and assessments described in 
        subsection (e) to the National Goals Panel.
            (3) Date of appointment.--The initial members shall be 
        appointed by the Panel, not later than 120 days after the date 
        of enactment of this Act.
            (4) Retention.--In order to retain an appointment to the 
        Council, a member must attend at least two-thirds of the 
        scheduled meetings of the Council in any given year.
            (5) Officer selection.--The members appointed under 
        subsection (b)(2) shall select officers of the Council from 
        among the members of the Council. The officers of the Council 
        shall serve for 1-year terms.
            (6) Vacancies.--A vacancy on the Council shall not affect 
        the powers of the Council, but shall be filled in the same 
        manner as the original appointment.
            (7) Travel.--Each member of the Council shall be allowed 
        travel expenses, including per diem in lieu of subsistence, as 
        authorized by section 5703 of title 5, United States Code, for 
        each day the member is engaged in the performance of duties 
        away from the home or regular place of business of the member.
    (e) Functions of the Council.--
            (1) Standards.--The Council shall, with regards to 
        standards--
                    (A) coordinate the effort to establish voluntary 
                national education content and student performance 
                standards;
                    (B) develop criteria for what constitutes world-
                class content and student performance standards and 
                establish guidelines for standard setting and 
                development to ensure consensus building and broad 
                participation in the process; and
                    (C) issue approval of content and student 
                performance standards as world-class based on the 
                criteria and guidelines described in subparagraph (B) 
                and transmit such approved standards to the Panel for 
                the Panel's certification.
            (2) Assessments.--The Council shall, with regards to 
        assessments--
                    (A) be a coordinating body to encourage a voluntary 
                system of assessments for individual students 
                consistent with the voluntary national standards;
                    (B) establish guidelines for the development and 
                use of assessments to ensure that assessments are 
                valid, reliable, and fair;
                    (C) develop criteria for assessments, and the use 
                of such assessments, to ensure that the assessments 
                measure the world class standards and meet the 
                guidelines described in subparagraph (B);
                    (D) establish procedures and criteria to determine 
                whether assessments are comparable to each other 
                without sacrificing the validity, reliability, and 
                fairness of the assessments; and
                    (E) transmit such criteria to the Panel to review 
                for certification.
            (3) Reexamination.--The Council shall reexamine the 
        criteria for certification at least once every 3 years and 
        shall reexamine any certified national standards at least once 
        every 3 years to ascertain whether such standards continue to 
        meet the criteria described in paragraphs (1) and (2).
    (f) Performance of Functions.--In carrying out its 
responsibilities, the Council shall work with Federal and non-Federal 
agencies and organizations which are conducting research, studies, or 
demonstration projects to determine world-class education standards and 
assessments based on such standards.
    (g) Procedures.--
            (1) Publication.--The Council shall publish in the Federal 
        Register--
                    (A) proposed criteria for determining what are 
                world-class content and student performance standards;
                    (B) proposed guidelines for standards setting;
                    (C) proposed procedures and criteria for certifying 
                content standards as world class; and
                    (D) proposed procedures and criteria for 
                assessments that measure such world-class standards.
            (2) Final regulations.--Final regulations, reflecting 
        public comment, for the proposals developed in accordance with 
        paragraph (1) shall be published in the Federal Register prior 
        to the implementation of such regulations.
    (h) Data Collection.--The Council shall make arrangements with any 
appropriate entity to generate or collect such data as may be necessary 
to carry out the Council's functions.

SEC. 112. ANNUAL REPORTS.

    (a) In General.--Not later than 1 year after the date that the 
Council concludes its first meeting of members and in each succeeding 
year, the Council shall prepare and submit to the President, the 
appropriate committees of Congress, the Secretary, and the Governor of 
each State a report regarding its findings. Such report shall--
            (1) analyze the progress and obstacles, if any, toward the 
        development and certification of world-class content and 
        student performance standards;
            (2) analyze the progress and obstacles, if any, toward the 
        development and certification of any criteria for assessments 
        that reflect the world-class standards; and
            (3) analyze the progress and obstacles, if any, to the 
        adoption of certified content and student performance standards 
        by State and local educational agencies.
    (b) Special Rule.--In carrying out paragraph (3) of subsection (a), 
the Council, through the National Center for Education Statistics, 
shall collect information on the implementation by State and local 
educational agencies of certified content standards, including--
            (1) adoption of curricula frameworks, including 
        instructional materials, assessments and teacher training that 
        incorporates or reflects world-class content standards;
            (2) availability of school resources, including 
        instructional materials and technology, necessary to meet 
        world-class standards;
            (3) staff capacity;
            (4) school governance systems; and
            (5) barriers to implementation of world-class standards.

SEC. 113. POWERS OF THE COUNCIL.

    ``(a) Regional Meetings.--(1) The Council may convene regional 
meetings to obtain public involvement in the development of proposed 
regulations implementing this section. Such meetings should include 
individuals and representatives of the groups involved in content and 
student performance standards setting and assessments, including 
educators, administrators, students, parents, curriculum and assessment 
experts, and organizations which have demonstrated experience in these 
areas.
    (2) The meetings described in paragraph (1) should provide for a 
comprehensive discussion and exchange of information regarding the 
implementation of this section and the Council should take into account 
the information received in such meetings in developing regulations.
    (3) The Council shall solicit public comment on any proposed 
guidelines and criteria and on standards submitted for approval and 
certification.
    (b) Information.--The Council may secure directly from any 
department or agency of the United States information necessary to 
enable the Council to carry out this part. Upon request of the 
Chairperson of the Council, the head of a department or agency shall 
furnish such information to the Council to the extent permitted by law.
    (c) Postal Services.--The Council may use the United States mail in 
the same manner and under the same conditions as other departments and 
agencies of the United States.
    (d) Administrative and Supportive Services.--The Secretary shall 
provide to the Council, on a reimbursable basis, administrative support 
services as the Council may request.

SEC. 114. ADMINISTRATIVE PROVISIONS.

    (a) Meetings.--The Council shall meet on a regular basis, as 
necessary, at the call of the Chairperson of the Council or a majority 
of its members.
    (b) Quorum.--A majority of the members shall constitute a quorum 
for the transaction of business.
    (c) Voting.--The Council shall take all action of the Council by a 
two-thirds majority vote of the total membership of the Council, 
assuring the right of the minority to issue written views. No 
individual may vote or exercise any of the powers of a member by proxy.

SEC. 115. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.

    (a) Director.--The Council shall, without regard to the provisions 
of title 5, United States Code, relating to the appointment and 
compensation of officers or employees of the United States, appoint a 
Director, who by virtue of education, training, and experience, is 
eminently qualified to assist the Council in administering the 
functions described in section 101(e) of this part to be paid at a rate 
not to exceed the rate of basic pay payable for level V of the 
Executive Schedule.
    (b) Appointment and Pay of Staff.--The Council may appoint 
personnel who by virtue of education, training, and experience are 
eminently qualified to assist the Council in administering the 
functions described in section 101(e). Such appointments can be made 
without regard to the provisions of title 5, United States Code, 
governing appointments to the competitive service and the staff of the 
Council may be paid without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of title 5, United States Code, relating 
to classification and General Schedule pay rates. The rate of pay of 
the staff of the Council shall not exceed the rate of basic pay payable 
for GS-15 of the General Schedule.
    (c) Experts and Consultants.--The Council may procure temporary and 
intermittent services under section 3019(b) of title 5, United States 
Code, if the individual performing such services, by virtue of 
education, training, and experience, is eminently qualified to assist 
the Council in administering the functions described in section 101(e).
    (d) Staff of Federal Agencies.--Upon the request of the Council, 
the head of any department or agency of the United States is authorized 
to detail, on a reimbursable basis, any of the personnel of that 
department or agency to the Council to assist the Council in its duties 
under this part.
    (e) Conflict of Interest.--No director, staff, expert, or 
consultant may serve the Council if such person directly or indirectly 
has any financial interest in the development of tests or assessments 
related to the standards described in section 101(e). Any person who 
served the Council in such capacity shall submit any subsequent 
proposals for Federal, State, or local funding related to the standards 
or assessments described in section 101(e) to the National Goals Panel, 
the Congress, and to the Department of Education.

SEC. 116. EVALUATION.

    The National Academy of Sciences shall conduct an evaluation of the 
work of the Council, including--
            (1) an analysis of the technical expertise of the panel and 
        its use of outside technical assistance;
            (2) an analysis of the process of establishing guidelines 
        and criteria for the development and certification of standards 
        and such guidelines and criteria;
            (3) a review of standards that are certified;
            (4) an evaluation of the process for establishing criteria 
        for assessments of world-class standards and such criteria; and
            (5) an evaluation of the research and development work 
        being carried out by the Department of Education, in the areas 
        of education standards, curriculum, and assessment.

SEC. 117. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Council $2,000,000 
for each of the fiscal years 1993, and 1994 and such sums as may be 
necessary for each of the fiscal years 1995 through 1999 to carry out 
this part.

       PART C--NATIONAL COMMISSION ON EARLY CHILDHOOD ASSESSMENT

SEC. 121. ESTABLISHMENT.

    There is established a National Commission on Early Childhood 
Assessment (referred to in this Act as the ``Commission'')

SEC. 122. FINDINGS.

    The Congress finds that there is no assessment available at this 
time which adequately assesses the full range of early learning and 
development necessary to obtain a valid indication of the Nation's 
progress toward the first national education goal--that all children in 
America will start school ready to learn.

SEC. 123. PURPOSE.

    The purpose of the Commission is to--
            (1) assist the Nation in tracking progress toward the first 
        national education goal;
            (2) oversee the development of an early childhood 
        assessment that advances a broad view of school readiness and 
        expands our knowledge of how to assess young children 
        equitably; and
            (3) ensures that such an assessment is not used to label, 
        stigmatize, or track any individual child but to focus and 
        improve policies and services to ensure that all children do 
        start school ready to learn.

SEC. 124. APPOINTMENT AND COMPOSITION.

    (a) Appointments.--Members of the Commission shall be appointed by 
the National Education Goals Panel.
    (b) Nominations.--The Panel shall appoint such members to the 
Commission from among qualified individuals nominated by the public.
    (c) Qualifications.--The Panel shall ensure that the Commission is 
made up of individuals with the qualifications necessary to carry out 
the purposes of this section.
    (d) Terms.--Members shall serve for 3-year terms with no member 
serving more than 2 consecutive terms.

SEC. 125. FUNCTIONS OF THE COMMISSION.

    The Commission shall--
            (1) serve as a standing advisory group to the Panel on the 
        first national goal;
            (2) establish a framework by which school readiness can be 
        understood and assessed, taking into account the many 
        dimensions of early childhood development;
            (3) create clear guidelines as to the functions and uses of 
        such an assessment system;
            (4) coordinate a program of research and development to 
        create the necessary knowledge and technology to make such an 
        assessment possible;
            (5) oversee the development of a national assessment of 
        young children based on our best thinking of what defines early 
        learning and development during this period and the best 
        assessment technology available so as to provide the Nation 
        with a fair and valid indication of the status of these 
        children;
            (6) monitor the field testing of such an assessment and 
        approve its national use; and
            (7) carry out a sustained and intensive evaluation of the 
        assessments and their use so as to ensure that they are 
        achieving the intended results and being used for the purposes 
        for which they were designed.

SEC. 126. REPORTS.

    The Commission shall prepare and submit a report regarding its work 
to the Panel and the Congress not later than 1 year after the date of 
its first meeting and in each succeeding year.

SEC. 127. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Council $1,000,000 
for fiscal year 1994 and such sums as may be necessary for each of the 
fiscal years 1995 through 2000.

           TITLE II--NATIONAL EDUCATION REFORM AND EXCELLENCE

SEC. 201. SHORT TITLE.

    This title may be cited as the ``National Education Reform and 
Excellence Act''.

SEC. 202. CONGRESSIONAL FINDINGS.

    The Congress finds that--
            (1) a national consenus has been reached that every effort 
        must be made to achieve the National Education Goals;
            (2) work at the national level to establish what all 
        students should know and be able to do must be accompanied by 
        State and local efforts to make sure the education delivery 
        system is up to the task of delivering high quality instruction 
        based on such standards;
            (3) strategies must be developed by States and communities 
        to support the revitalization of all local schools by 
        fundamentally changing the entire system of education through 
        comprehensive, coherent, and coordinated improvement;
            (4) parents, teachers and other local educators, and 
        community leaders must be involved in developing system-wide 
        reform strategies that reflect the needs of their individual 
        communities;
            (5) States and local educational agencies, working 
        together, must immediately set about developing and 
        implementing such system-wide reform strategies if the Nation 
        is to educate all children to meet their full potential and 
        achieve national goals;
            (6) in order to be successful, Federal funds directed at 
        school reform must leverage substantive change in the education 
        system as a whole; and
            (7) more specifically, Federal education programs such as 
        chapter 1 must be recast so as to be a catalyst for improving 
        the education of disadvantaged students so that they are 
        included in the national effort to achieve the National 
        Education Goals.

SEC. 203. PURPOSE.

    The purpose of this title is to raise the quality of education for 
all students by supporting a long-term broad based effort to promote 
coherent and coordinated changes in the system of education throughout 
the Nation at the State and local level.

SEC. 204. PROGRAM AUTHORIZED.

    The Secretary is authorized, in accordance with the provisions of 
this title, to make grants to State educational agencies to enable 
States and local educational agencies to reform and improve the quality 
of education throughout the Nation. Such grants shall be used to--
            (1) develop innovative educational reform plans, which--
                    (A) include State achievement goals, a means for 
                developing or adopting high quality, challenging 
                curricular frameworks and coordinated curricular 
                materials, professional development strategies, and 
                assessment instruments;
                    (B) describe how Federal and State categorical 
                programs will be utilized in State and local reform 
                efforts;
                    (C) create a process for allowing local educational 
                agencies greater flexibility in achieving national and 
                State goals and standards; and
            (2) implement such reforms and plans to improve the 
        education system at the State and local levels.

SEC. 205. APPLICATION.

    (a) In General.--If a State desires to receive assistance under 
this title, the State educational agency shall submit an application to 
the Secretary at such time, in such manner, and accompanied by such 
additional information as the Secretary may reasonably require. Such 
application shall cover a 5-year period.
    (b) Consideration of Applications.--Each such application shall--
            (1) contain satisfactory evidence that the State 
        educational agency has or will have authority, by legislation 
        if necessary, to implement the plan required under section 206;
            (2) describe how a State will ensure broad participation in 
        the planning process to establish the goals and to refine them 
        in the future, as well as participate in the development of all 
        other components of the plan;
            (3) provide an assurance that the State will notify the 
        public (including individuals with limited English 
        proficiency), and local educational agencies--
                    (A) that the State has made application for funds 
                under this title; and
                    (B) that the State is developing a plan under 
                section 206;
            (4) provide an assurance that the State has the goal of 
        providing all students with equal access to the curricular 
        frameworks, high quality curricular materials, and well-
        qualified teachers;
            (5) describe actions taken and resources identified or 
        committed to meet the requirements of this title;
            ``(6) provide an assurance that the applicant will prepare 
        and submit to the Secretary, annual evaluations of and reports 
        concerning the State program; and
            (7) provide an assurance that the State will carry out the 
        provisions of section 206.
    (c) Approval.--The Secretary shall approve an application and any 
amendment to the application if the application or the amendment to 
such application meets the requirements of this section and is of 
sufficient quality to meet the objectives of this title. The Secretary 
shall not finally disapprove an application or an amendment to such 
application except after giving reasonable notice, technical 
assistance, and an opportunity for a hearing.
    (d) Reapplication.--(1) A State educational agency may apply for 
assistance for a second 5-year period and such application shall be 
approved by the Secretary if the State--
            (A) has met all of its reporting requirements; and
            (B) demonstrates that it has made substantial progress in 
        carrying out its plan.
    (2) The Secretary shall not finally disapprove an application or an 
amendment to such application except after giving reasonable notice, 
technical assistance, and an opportunity for a hearing.

SEC. 206. DEVELOPMENT AND APPROVAL OF STATE PLAN.

    (a) Establishment of Panel.--Each State program assisted under this 
title shall establish a panel to develop a statewide reform plan. Such 
panel shall consist of--
            (1) the chief executive of the State (or designee);
            (2) the presiding officers and the minority leaders of the 
        State legislature (or designees);
            (3) the chief State school officer;
            (4) the head of the office that coordinates higher 
        education programs in the State or, if there is no such office, 
        the head of the office designated under section 2008 of the 
        Dwight D. Eisenhower Mathematics and Science Education Act (20 
        U.S.C. 2988) (or designee); and
            (5) individuals representing each of the following:
                    (A) Teachers.
                    (B) School administrators.
                    (C) Local school boards.
                    (D) Parents.
                    (E) Businesses.
                    (F) State board of education.
    (b) Additional Members.--(1) The first meeting of such panel shall 
be convened by the chief executive of the State. At such meeting, the 
panel members designated and nominated in subsection (a) shall select 
additional panel members.
    (2) The membership of the panel shall be geographically 
representative of all areas of the State.
    (3) Following the selection of additional members, the chief 
executive of the State shall convene a meeting of the full panel to 
establish procedures regarding the operation of subsequent meetings, 
including the designation of a panel chairperson, consistent with 
applicable State law.
    (c) Development of State Plan.--(1) The panel shall develop a plan 
that will result in--
            (A) the establishment of State goals to maximize 
        achievement for all children in conjunction with national 
        educational goals;
            (B) the establishment of curricular frameworks in specific 
        subject matter areas that incorporate the goals established 
        under subparagraph (A);
            (C) the development or adoption of instructional materials 
        to assist the implementation of the curricular frameworks;
            (D) the allocation of resources to implement such a system-
        wide reform plan;
            (E) the establishment or adoption of a valid, reliable, and 
        fair assessment system based upon the curricular frameworks 
        that is capable of accurately measuring the skills and 
        knowledge required to meet State goals;
            (F) professional development strategies necessary for 
        achieving the State goals;
            (G) the establishment of a process for reviewing Federal, 
        State, and local laws and regulations and for seeking waivers 
        to Federal education laws and regulations as set forth in title 
        III of this Act;
            (H) provides a process for selecting local educational 
        agencies for participation in local system-wide reform efforts;
            (I) provides for the ongoing evaluation of the 
        effectiveness of the State plan in closing the gap between high 
        and low achieving students to be assessed using achievement and 
        other measures such as attendance, grade retention, and dropout 
        rates;
            (J) provides for the availability of curricular frameworks, 
        curricular materials, and professional development in a manner 
        ensuring equal access by all local educational agencies in the 
        State;
            (K) describes the steps the State educational agency shall 
        take to ensure that successful programs and practices supported 
        by subgrants awarded to local educational agencies under this 
        title shall be disseminated to other local educational agencies 
        in the State; and
            (L) describes methods, such as interagency cooperative 
        agreements, of coordinating health and social services with 
        education.
    (2) In developing the plan, the panel shall--
            (A) emphasize outcome measures rather than prescribing how 
        the State and local educational agencies should achieve such 
        outcomes;
            (B) review recent innovations by other States and by 
        national professional subject matter organizations in 
        educational goals, curricula, and assessment nationally;
            (C) review existing Federal education programs and how they 
        can contribute to the State plan; and
            (D) ensure broad-based participation through regular notice 
        and dissemination of information to the public (including 
        individuals with limited English proficiency) using print and 
        electronic media.
    (3) Following the development of the plan, the panel shall seek 
public comment and after providing the public with an opportunity to 
comment on the plan, the panel shall consider the public comments and 
make appropriate changes.
    (4) The plan shall be submitted to the State educational agency for 
review except that any changes to such plan shall be made with the 
concurrence of the panel. Before any funds under this Act may be used 
to implement the plan, the State educational agency shall submit such 
plan to the Secretary for approval. In the event that the State has 
previously accomplished any of the reform activities required under 
this title in a specific subject area or set of grade levels, the State 
is not required to include them in the plan but shall include a request 
for a waiver, including a description of such accomplishments.
    (5)(A) The Secretary shall approve a State's plan if such plan--
            (i) meets the requirements of this section;
            (ii) is of sufficient quality to meet the objectives of 
        this title; and
            (iii) provides evidence that the State has, or will have, 
        the resources necessary to carry it out.
    (B) The Secretary shall not finally disapprove a plan or an 
amendment to such plan except after giving reasonable notice, technical 
assistance, and an opportunity for a hearing.
    (d) Review of State Plan.--The panel and the State educational 
agency shall review on an ongoing basis, the implementation of the 
State plan for the period during which the State receives funding under 
this title. The results of such review shall be prepared in writing by 
the panel and included by the State in its annual report to the 
Secretary under section 213(a).

SEC. 207. STATE USES OF FUNDS.

    (a) Uses of Funds.--Funds allotted by the Secretary under section 
211(a) and State and private funds contributed to make up the total 
cost of a State program as provided in section 211(b) shall be used by 
a State with an approved application for the following purposes--
            ``(1) development and implementation of the State plan, 
        including the establishment of State goals, curricular 
        frameworks, and assessment systems;
            ``(2) activities of the panel (including the travel 
        expenses of the members of such panel);
            ``(3) subgrants to local educational agencies;
            ``(4) technical assistance (including dissemination of 
        information) to local educational agencies to assist in 
        developing and carrying out their plans; and
            ``(5) evaluation, reporting, and data collection.
    ``(b) Local Educational Agencies.--In the first year that a State 
receives an allotment under this title, the State educational agency 
may make subgrants for the purpose of developing local plans as 
provided in section 208 consistent with section 206(c)(1)(H). In the 
second year, and in each succeeding year, from not less than 75 percent 
of the total cost of a State's program, the State educational agency 
shall make subgrants to local educational agencies which shall include 
at least one local educational agency in each congressional district 
which shall receive a subgrant.
    (c) Special Provision.--Funds available under section 211 shall be 
used to carry out the plan in a manner which ensures that all children, 
especially those identified through the assessment process (using 
achievement and other measures) as not achieving satisfactorily, are 
afforded ample opportunity to reach local, State, and national goals.

SEC. 208. DEVELOPMENT AND APPROVAL OF LOCAL PLANS.

    (a) Local Task Force.--(1) A local educational agency which desires 
to receive a subgrant under this section shall establish a school 
reform task force comprised of--
            (A) the chief elected officer of the unit of general 
        purpose local government with boundaries which are most closely 
        aligned with the geographic boundaries of the local educational 
        agency;
            (B) the superintendent of the local educational agency;
            (C) a representative nominated by the local school board;
            (D) a representative nominated by local teachers;
            (E) a representative nominated by the largest business 
        association with business members having an interest in 
        educational improvement that operate in a geographic area that 
        is most closely aligned with the local educational agency; and
            (F) a representative nominated by the parents of children 
        served in the schools.
    (2) The first meeting of such task force shall be convened by the 
superintendent to enable the committee members designated and selected 
in paragraph (1) to select additional members necessary to carry out 
the duties and activities required by this section.
    (3) Following the selection of the additional members, the 
superintendent shall convene a meeting of the task force to establish 
procedures regarding the operation of subsequent meetings, including 
the designation of a task force chairperson, consistent with applicable 
State and local law.
    (4) Each meeting of such task force shall be open to the public.
    (5) The task force shall develop the local plan described in 
subsection (b).
    (b) Local Plan.--As described in the State reform plan, and 
consistent with the recommendations of the panel established under 
section 206, the State shall make subgrants to local educational 
agencies. Each subgrant shall be of a sufficient amount to develop or 
implement a locally developed plan which--
            (1) is formally approved by the local educational agency;
            (2) describes a process to ensure broad-based community 
        participation in the development of the local plan;
            (3) proposes district-wide reform which includes--
                    (A) the setting of local goals;
                    (B) the development or adoption of curricular and 
                instructional materials which reflect State goals, 
                State curricular frameworks and local goals;
                    (C) the development or adoption of an assessment 
                system which is curriculum based and includes 
                achievement and other indicators that validly, fairly, 
                and reliably measure progress of all students 
                (including students from non-English language 
                backgrounds and students with disabilities) toward 
                meeting State and local goals;
                    (D) the provision of teacher and administrator 
                training relevant to the new curricular and 
                instructional materials; and
                    (E) a review and restructuring, if necessary, of 
                the administrative and staffing structure of the local 
                educational agency and individual schools within such 
                agency.
            (4) describes how parents are involved in the development, 
        operation, and evaluation of programs and activities assisted 
        under this title;
            (5) provides for the ongoing evaluation of the 
        effectiveness of the local plan in meeting State and local 
        goals and in closing the gap between high and low achieving 
        students;
            (6) reviews existing Federal education programs, including 
        early childhood education programs, and describes how such 
        programs will be utilized as part of the district reform plan;
            (7) based on the recommendations of teachers, principals 
        and the task force, identifies provisions of Federal, State, 
        and local laws and regulations that may impede the 
        implementation of the plan and seeks a waiver of such 
        provisions as set forth in title III of this Act;
            (8) describes the process that will be used to ensure that 
        the funds received will be used to the maximum extent at the 
        local school level; and
            (9) describes the steps the local educational agency shall 
        take to ensure that successful practices supported by 
        assistance provided to schools under this title shall be 
        disseminated to other schools in the local educational agency.
    (c) Assistance for Local Plan Development.--The State shall, upon 
the request of the task force of a local educational agency, provide 
technical assistance in the development of a local plan.
    (d) Submission of Local Plan.--(1) Prior to submitting the local 
plan to the State Panel for possible funding, the task force and the 
local education agency shall hold public meetings to explain the plan 
to the public, seek input on possible changes to the plan, and solicit 
input from persons not involved in the development of the initial plan.
    (2) After making any changes in the plan as a result of the public 
meetings, the local education agency and the task force shall jointly 
submit the plan to the State Panel for review and possible funding.
    (3) Such plan shall be accompanied by any written comments from 
individuals and groups in the community that either support or oppose 
parts of the plan.
    (e) Additional Subgrant.--A local educational agency may not 
receive an additional subgrant in a succeeding year unless such local 
educational agency demonstrates substantial progress in the 
implementation of its local plan and, after its third year of funding 
under this title, provides evidence of improved student achievement and 
progress toward State and local national goals.
    (f) Review of Local Plan.--(1) The task force and the local 
educational agency shall review, on an ongoing basis, the progress of 
the local educational agency in implementing the local plan for the 
period during which such agency receives funding under this title.
    (2) The local education agency and the task force shall annually 
submit a joint written progress report to the State panel established 
under section 206, and the State educational agency.

SEC. 209. LOCAL USES OF FUNDS.

    A local educational agency which receives a subgrant under this 
title shall use the funds for the purpose of district-wide reform, 
consistent with the State and local plans. Activities authorized under 
this section are--
            (1) the development and implementation of the local plan;
            (2) schools which reflect the best available knowledge 
        regarding teaching and learning for all students in public 
        schools, which use the highest quality instructional materials 
        and technologies, and which are designed to meet national, 
        State, and local educational goals as well as the particular 
        needs of their students and communities;
            (3) public school choice programs, including charter 
        schools, which permit parents to select the public school their 
        children will attend;
            (4) systems such as performance schools and performance pay 
        which reward public schools and teachers with students who, as 
        a group, demonstrate improved performance on curriculum related 
        outcome measures;
            (5) activities that supplement early childhood education 
        programs and increase the readiness of young children to learn;
            (6) site-based management which places maximum 
        decisionmaking authority at the individual school level and 
        that, at a minimum, involves teachers and other professional 
        staff;
            (7) activities which maximize parental involvement in 
        improving the education of their children;
            (8) coordination of health and social services with 
        education;
            (9) planning to improve the use of technology in schools;
            (10) development or adoption, with substantial involvement 
        of principals, teachers, and other administrators, of 
        curricula, instructional materials, and assessment instruments 
        which are consistent with State frameworks and local goals; and
            (11) other school reform activities which will bring about 
        comprehensive school improvement through systemic change in the 
        local educational agency.

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out this title, there are authorized to 
be appropriated $200,000,000 for the fiscal year 1994, and such sums as 
may be necessary for each of the fiscal years 1995 through 2001.

SEC. 211. ALLOTMENT OF FUNDS.

    (a) To States.--(1) From funds appropriated under section 210, the 
Secretary shall allot to the Secretary of the Interior for each fiscal 
year an amount equal to \1/2\ of 1 percent of the funds appropriated, 
not to exceed $2,000,000 in any fiscal year, to benefit Indian students 
enrolled in schools funded by the Department of the Interior for Indian 
students. The provisions of subsection (b) of this section shall not 
apply to payments made under this paragraph.
    (2) From the remaining amount appropriated under section 210, the 
Secretary shall make annual grants to States with approved applications 
based upon the formula established in part A of chapter 1 of title I of 
the Elementary and Secondary Education Act.
    (b) Matching Requirement.--(1) The Federal share under this title 
may not exceed--
            (A) 100 percent of the total cost of a program for the 
        first year for which a State receives funds under this title;
            (B) 85 percent of the total cost of a program for the 
        second year for which a State receives funds under this title;
            (C) 60 percent of the total cost of a program for the third 
        year for which a State receives funds under this title;
            (D) 45 percent of the total cost of a program for the 
        fourth year for which a State receives funds under this title; 
        and
            (E) 33 percent of the total cost of a program for the fifth 
        and any succeeding year for which a State receives funds under 
        this title.
    (2) The remaining cost of a program that receives assistance under 
this title shall be paid by the State from State funds or Federal 
chapter 2 funds and may include contributions from the private sector.
    (3) The share of payments from sources other than funds 
appropriated under this title may be in cash or in kind fairly 
evaluated.
    (4) The requirements of this subsection shall not apply to the 
Virgin Islands, the Commonwealth of Puerto Rico, or Pacific outlying 
areas.
    (c) Maintenance of Effort.--A State is entitled to receive its full 
allotment of funds under this section for any fiscal year if the 
Secretary finds that either the combined fiscal effort per student or 
the aggregate expenditures within the State with respect to the 
provision of free public education for the preceding fiscal year was 
not less than 90 percent of such combined fiscal effort or aggregate 
expenditures for the second preceding fiscal year.
    (d) Administrative Costs.--From its annual allotment, a State may 
reserve for administration (not to include the activities of the panel) 
an amount not to exceed 4 percent or $250,000, whichever is greater.
    (e) Assurances and Terms.--The funds allotted to the Secretary of 
the Interior under subsection (a)(1) shall be made in a payment which 
shall be pursuant to an agreement between the Secretary and the 
Secretary of the Interior containing such assurances and terms as the 
Secretary determines will best achieve the purposes of this title.

SEC. 212. AVAILABILITY OF INFORMATION AND TRAINING.

    (a) Information and Training.--Proportionate to the number of 
children in a State or in a local educational agency who are enrolled 
in private elementary or secondary schools--
            (1) a State educational agency or local educational agency 
        which uses funds under this title to develop goals, curricular 
        frameworks, curricular materials, and assessments shall, upon 
        request, make information related to such goals, frameworks, 
        materials, and assessments available to private schools; and
            (2) a State educational agency or local educational agency 
        which uses funds under this title for teacher and administrator 
        training shall provide in its plan for the training of teachers 
        and administrators of private schools located in the 
        geographical area served by such agency.
    (b) Waiver.--If, by reason of any provisions of law, a State or 
local educational agency is prohibited from providing for the equitable 
participation of teachers and administrators from private schools in 
training programs assisted with Federal funds provided under this 
title, or if the Secretary determines that a State or local educational 
agency has substantially failed or is unwilling to provide for such 
participation, the Secretary shall waive such requirements and shall 
arrange for the provision of training consistent with State goals and 
curricular frameworks for such teachers and administrators. Such 
waivers shall be subject to consultation, withholding, notice, and 
judicial review in accordance with section 1017 of this Act.

SEC. 213. ANNUAL PROGRESS REPORTS: TECHNICAL ASSISTANCE.

    A State which receives funds under this title shall annually report 
to the Secretary--
            (1) regarding such State's progress in meeting its goals 
        and plan; and
            (2) describing proposed activities for the succeeding year.

SEC. 214. EVALUATION AND DISSEMINATION.

    (a) Evaluation.--The Secretary shall evaluate a representative 
sample of such State and local reform efforts over the course of the 
10-year authorization in order to assess the effectiveness of such 
plans and activities in improving the education performance of all 
children. Such evaluations shall specifically examine the effects of 
such activities on disadvantaged students. The Secretary may reserve up 
to \3/4\ of one percent of the appropriations for this title to carry 
out this section provided that \1/2\ of one percent of such 
appropriation shall be reserved for technical assistance under section 
213(c) and for subsection (c) of this section.
    (b) Dissemination.--The Secretary shall, annually and upon request, 
disseminate to the States information on approaches and materials 
developed under this title or through related efforts.

SEC. 215. REPORT TO CONGRESS.

    The Secretary shall submit annually to the chairperson of the 
Committee on Education and Labor of the House of Representatives and 
the Committee on Labor and Human Resources of the Senate a report that 
contains--
            (1) a description of the progress that States receiving 
        funds under this title have made in developing and implementing 
        their plans; and
            (2) information from State and local reports regarding 
        requirements in Federal law or regulation which have been 
        identified by States and local educational agencies as impeding 
        the system-wide reform schools under this title.

SEC. 216. GENERAL PROVISIONS.

    Nothing in this title shall--
            (1) supersede State law; or
            (2) be construed to authorize any department, agency, 
        officer, or employee of the Federal Government to--
                    (A) exercise any control over the curriculum, 
                program of instruction, administration or personnel of 
                any educational institution or school system; or
                    (B) prescribe the use of a particular examination 
                or standards.

SEC. 217. DEFINITIONS.

    For purposes of this title:
            (1) The term ``assessment system'' means a system for 
        measuring the abilities and academic achievement of students 
        that is based upon a set of curricular frameworks and the 
        expected outcomes embodied therein.
            (2) The term ``curricular framework'' means a description, 
        in a particular subject area, of the knowledge and skills 
        children should acquire at each grade level.
            (3) The term ``Pacific outlying area'' means American 
        Samoa, Guam, the Commonwealth of the Northern Mariana Islands, 
        and the Republic of Palau (until such time as the compact of 
        Free Association is ratified.

         TITLE III--FREEDOM TO IMPROVE EDUCATIONAL ACHIEVEMENT

SEC. 301. PURPOSE.

    It is the purpose of this title to allow States, local educational 
agencies, and schools the flexibility to use and combine Federal, 
State, and local funds to improve the educational achievement of all 
elementary and secondary school students, including students with 
disabilities, students who are disadvantaged, and students who are 
limited English proficient, and to help schools and students meet the 
National Education Goals by waiving certain statutory and regulatory 
requirements. Such waivers shall maintain appropriate protections with 
respect to civil rights, discrimination, and safety.

SEC. 302. PROGRAM AUTHORIZED.

    (a) Education Programs.--The Secretary of Education is authorized 
to waive certain Federal statutory and regulatory requirements (except 
as provided in section 304) for States, local educational agencies, and 
schools that can demonstrate that such waivers are part of efforts to 
achieve education reform and meet the National Education Goals for all 
students, where such waivers are part of a State or local systemic 
reform plan, and where such States and local educational agencies have 
implemented similar waiver plans.
    (b) Additional Programs.--Waivers may also be requested for 
requirements regarding the following programs:
            (1) The Head Start Act.
            (2) The Runaway and Homeless Youth Act.
            (3) The Juvenile Justice and Delinquency Prevention Act.
            (4) The National School Lunch Act.
            (5) The School Breakfast Program.
            (6) The Child and Adult Care Food Program.
            (7) The Special School Milk Program.
            (8) The Summer Food Service Program.
            (9) The Community Services Block Grant Program.
If such waivers are requested, the Secretary shall consult with the 
heads of other appropriate Federal agencies, if any, in determining 
whether to approve a project. The Secretary shall obtain the approval 
of such agency head as part of final approval of such project.

SEC. 303. APPLICATIONS.

    (a) General Requirements.--A school, local educational agency, or 
State that desires to receive a waiver under this part shall--
            (1) indicate which Federal requirements are to be waived 
        and how waiving such requirements will improve educational 
        achievement among all students;
            (2) describe educational programs and goals being proposed 
        and how such programs will meet the needs of all students;
            (3) identify the Federal programs to be included in the 
        project;
            (4) indicate which State and local requirements to be 
        waived;
            (5) describe specific, measurable educational improvement 
        goals and expected outcomes for all affected students;
            (6) describe methods to be used to measure progress toward 
        meeting such goals;
            (7) describe how programs will continue to focus on the 
        same populations served by programs for which waivers are 
        requested;
            (8) describe how students not now eligible for programs for 
        which waivers are granted can be served without weakening the 
        program benefits for eligible populations; and
            (9) describe the student population at proposed schools, 
        including--
                    (A) current data regarding the achievement levels 
                of students, particularly disadvantaged students;
                    (B) the number of students who--
                            (i) are of limited English proficiency, as 
                        defined in section 7003(a)(1) of the Bilingual 
                        Education Act;
                            (ii) are children with disabilities, as 
                        defined in section 602(a)(1) of the Individuals 
                        with Disabilities Education Act;
                            (iii) are currently or were, within the 
                        past 5 years, migratory;
                            (iv) are educationally disadvantaged for 
                        the purposes of chapter 1 of title I of the 
                        Elementary and Secondary Education Act of 1965; 
                        and
                            (v) are eligible for a free or reduced-
                        price lunch.
    (b) Additional Requirements.--The Secretary of Education may 
include additional requirements as may reasonably be required.
    (c) Individual School Applications.--A local school that desires to 
receive a waiver under this title shall submit an application to the 
local educational agency, which, after review, shall submit such 
application to the State educational agency.
    (d) Local Applications.--(1) A local educational agency that 
desires to receive a waiver under this title shall submit an 
application to the State educational agency for review.
    (2) A State educational agency that approves an application 
submitted by a local educational agency shall forward such application 
to the Secretary of Education for consideration, unless such 
application requires waivers for programs other than education 
programs.
    (3) An application that requests a waiver for a program other than 
an education program shall be submitted to the chief executive of the 
State and such executive shall forward such application to the 
Secretary of Education.
    (e) State Applications.--(1) A State educational agency that 
desires to receive a waiver under this title shall submit an 
application to the Secretary of Education for consideration, unless 
such application requires waivers for other than education programs.
    (2) Such application shall be submitted to the chief executive of 
the State for review before forwarding such application to the 
Secretary of Education.

SEC. 304. WAIVER RESTRICTIONS.

    Nothing in this section shall be construed to authorize any changes 
in, substitutions for, or lessening of the protections of Federal laws 
and regulations regarding civil rights, discrimination, and safety or 
to affect regulations and prohibitions concerning the diversion of 
Federal funds for private use. Requirements which shall not be waived 
include--
            (1) requirements governing fund allocations;
            (2) requirements governing privacy of pupil records;
            (3) requirements under title VI of the Civil Rights Act of 
        1964;
            (4) provisions of section 504 of the Rehabilitation Act of 
        1973;
            (5) provisions of title II of the Americans with 
        Disabilities Act;
            (6) requirements of title IX of the Education Amendments of 
        1972;
            (7) requirements of parts A, B, and H under the Individuals 
        with Disabilities Education Act;
            (8) requirements governing--
                    (A) maintenance of effort;
                    (B) comparability; or
                    (C) the equitable participation of students 
                attending private schools; and
            (9) requirements on parental participation and involvement.

SEC. 305. EVALUATIONS AND TECHNICAL ASSISTANCE.

    (a) Waivers.--Three years after a waiver is provided to a school or 
local educational agency, the Secretary of Education shall evaluate the 
effectiveness of such waiver, based on reports and evaluations 
conducted by the State educational agency, in meeting the goals 
outlined in their application, in achieving educational reform, in 
raising student achievement for all students, including students with 
disabilities, students who are disadvantaged, and students who are 
limited English proficient, and in meeting the National Education 
Goals.
    (b) Technical Assistance.--If the Secretary determines that 
progress in achieving education reform is not satisfactory, the 
Secretary may provide technical assistance to a school or local 
educational agency.
    (c) Termination.--If the Secretary determines that the technical 
assistance does not improve education reform efforts, the Secretary may 
immediately terminate any waivers previously granted.
    (d) National Evaluation.--Three years after the flexibility program 
is implemented and at the end of every succeeding 3-year period, the 
Secretary shall evaluate the effectiveness of the flexibility program 
nationwide. The findings of such evaluation shall be submitted to the 
Congress not later than 120 days after such evaluation is completed.

SEC. 306. REPORTS.

    (a) Local Reports.--A local educational agency or school that 
participates in a flexibility project under this title shall submit an 
annual report to the State educational agency that--
            (1) describes project activities;
            (2) evaluates the progress in achieving the goals stated in 
        the application; and
            (3) evaluates the effectiveness of coordinating services 
        for students and their families.
    (b) State Reports.--(1) A State that participates in a flexibility 
project under this title shall submit an annual report to the Secretary 
of Education which evaluates the progress in achieving goals stated in 
the application.
    (2) The State Educational Agency, upon receipt of reports of local 
educational agencies or schools participating in a flexibility project, 
shall review such documents and evaluate the progress of such programs 
in elevating academic achievement for all students, accomplishing 
education reform and meeting the National Education Goals. Such reports 
and evaluations shall be submitted to the Secretary of Education on an 
annual basis.
    (c) Secretary Reports.--The Secretary of Education shall submit to 
the Congress a biennial report, based on State reports, regarding the 
national progress of flexibility programs and the effect of such 
programs on improving educational achievement for all students and 
meeting the National Education Goals. The Secretary shall disseminate 
information on exemplary practices through the National Diffusion 
Network.

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