Calendar No. 491

106TH CONGRESS

2D SESSION S. 2

[Report No. 106–261]

A BILL

To extend programs and activities under the

Elementary and Secondary Education Act of 1965.

APRIL 12, 2000

Reported with an amendment
II

Calendar No. 491

106TH CONGRESS

2D SESSION S. 2

[Report No. 106–261]

To extend programs and activities under the Elementary and Secondary

Education Act of 1965.

IN THE SENATE OF THE UNITED STATES

JANUARY 19, 1999

Mr. JEFFORDS (for himself, Mr. GREGG, Mr. LOTT, Mr. MCCAIN, Mr. MACK,

Mr. COVERDELL, Mr. HAGEL, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on

Health, Education, Labor, and Pensions

APRIL 12, 2000

Reported by Mr. JEFFORDS, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To extend programs and activities under the Elementary

and Secondary Education Act of 1965.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Educational Opportu5 nities Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds as follows:

3 (1) RETURNING CONTROL TO PARENTS.—Par4 ents have the primary responsibility for their chil5 dren’s education. Parents are the first and best edu6 cators of their children. Congress supports proposals

7 which provide parents greater control to choose new

8 and unique opportunities to meet the educational

9 need of their children.

10 (2) SUPPORTING EXCEPTIONAL TEACHERS.—

11 Every child should have an exceptional teacher in

12 the classroom. Congress supports rewarding teachers

13 for their successful efforts. Congress also believes in

14 schools being more accountable to parents. Every

15 parent deserves to know if their child is being taught

16 by a teacher who is highly qualified.

17 (3) SAFER AND MORE SECURE.—Quality in18 struction and learning can only occur in a first class

19 school that is safe and orderly. No child can learn

20 when schoolyards attract random violence or class21 rooms are interrupted by disruptive behavior. Con22 gress supports proposals that give schools the tools

23 the schools need to protect teachers and students,

24 remove disruptive influences, and create a positive

25 learning atmosphere.
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1 (4) DOLLARS TO THE CLASSROOM.—Congress

2 rejects a one-size-fits-all approach to education.

3 America’s rural schools often face challenges quite

4 different than their urban counterparts. Congress

5 believes that students should be the primary bene6 ficiaries of educational spending. Congress supports

7 the goal of ensuring that the maximum amount of

8 Federal education dollars are spent directly in the

9 classrooms. State and local communities should have

10 the freedom to tailor their education plans and re11 forms according to the unique educational needs of

12 their children.

13 (5) BASIC ACADEMICS.—Success in education is

14 best achieved when instruction is focused on basic

15 academics and fundamental skills. Students should

16 no longer be subjected to untried and untested edu17 cational theories of instruction, rather our Nation’s

18 education efforts should be geared to proven meth19 ods of instruction.

20 SEC. 3. PURPOSE.

21 The purpose of this Act is—

22 (1) to put our Nation’s children first by cre23 ating first class schools because nothing is more im24 portant to the future of our Nation than the edu25 cation of its children;
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1 (2) to give parents and local schools more con2 trol over their schools;

3 (3) to make our Nation’s schools safe and se4 cure, and return to an emphasis on basic academic

5 and quality instruction; and

6 (4) to support those exceptional teachers who

7 make a difference in the lives of our Nation’s chil8 dren.

9 SEC. 4. EXTENSION OF PROGRAMS AND ACTIVITIES.

10 The authorization of appropriations for, and the du11 ration of, each program or activity under the Elementary

12 and Secondary Education Act of 1965 (20 U.S.C. 6301

13 et seq.) is extended through fiscal year 2004.

14 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

15 (a) SHORT TITLE.—This Act may be cited as the

16 ‘‘Educational Opportunities Act’’.

17 (b) TABLE OF CONTENTS.—The table of contents for

18 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. References.

Sec. 3. Short title; purpose; definitions.

TITLE I—HELPING DISADVANTAGED CHILDREN MEET HIGH

STANDARDS

Sec. 101. Policy and purpose.

Sec. 102. Authorization of appropriations.

Sec. 103. Reservation and allocation for school improvement.

PART A—BASIC PROGRAMS

Sec. 111. State plans.

Sec. 112. Local educational agency plans.

Sec. 113. Eligible school attendance areas.

Sec. 114. Schoolwide programs.
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Sec. 115. Targeted assistance schools.

Sec. 116. Pupil safety and family school choice.

Sec. 117. Assessment and local educational agency and school improvement.

Sec. 118. Assistance for school support and improvement.

Sec. 119. Parental involvement.

Sec. 120. Professional development.

Sec. 120A. Participation of children enrolled in private schools.

Sec. 120B. Early childhood education.

Sec. 120C. Allocations.

Sec. 120D. Establishment of the child centered program.

PART B—EVEN START FAMILY LITERACY PROGRAMS

Sec. 121. Even start family literacy programs.

PART C—EDUCATION OF MIGRATORY CHILDREN

Sec. 131. Program purpose.

Sec. 132. State application.

Sec. 133. Comprehensive plan.

Sec. 134. Coordination.

PART D—PARENTAL ASSISTANCE

Sec. 141. Parental assistance.

PART E—GENERAL PROVISIONS; COMPREHENSIVE SCHOOL REFORM;

ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS

Sec. 151. General provisions; comprehensive school reform; assistance to address

school dropout problems.

TITLE II—PROFESSIONAL DEVELOPMENT FOR TEACHERS

Sec. 201. Teacher quality.

Sec. 202. Leadership education and development program.

Sec. 203. Reading excellence.

Sec. 204. National Writing Project.

Sec. 205. General provisions.

Sec. 206. New century program and digital education content collaborative.

Sec. 207. Conforming amendments.

TITLE III—ENRICHMENT INITIATIVES

Sec. 301. Enrichment initiatives.

Sec. 302. Dissemination of advanced placement information.

Sec. 303. Technical and conforming amendments.

TITLE IV—SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

Sec. 401. Amendment to the Elementary and Secondary Education Act of 1965.

Sec. 402. Gun-free requirements.

Sec. 403. School safety and violence prevention.

Sec. 404. Background checks.

Sec. 405. Constitutionality of memorial services and memorials at public schools.

Sec. 406. Environmental tobacco smoke.
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TITLE V—EDUCATIONAL OPPORTUNITY INITIATIVES

Sec. 501. Educational opportunity initiatives.

PART A—TECHNOLOGY EDUCATION

Sec. 511. Technology education.

PART B—WOMEN’S EDUCATIONAL EQUITY; STAR SCHOOLS

Sec. 521. Women’s educational equity.

Sec. 522. Star schools.

PART C—MAGNET SCHOOLS ASSISTANCE

Sec. 531. Magnet schools assistance.

PART D—PUBLIC CHARTER SCHOOLS

Sec. 541. Public charter schools.

PART E—CIVIC EDUCATION; FIE; ELLENDER FELLOWSHIPS; READY-TO-LEARN

TELEVISION; INEXPENSIVE BOOK DISTRIBUTION

Sec. 551. Civic education; FIE; Ellender fellowships; ready-to-learn television; inexpensive book distribution.

PART F—TECHNICAL AND CONFORMING AMENDMENTS

Sec. 561. Technical and conforming amendments.

TITLE VI—INNOVATIVE EDUCATION

Sec. 601. Innovative education.

Sec. 602. Technical and conforming amendment.

TITLE VII—BILINGUAL EDUCATION

Sec. 701. Purpose.

Sec. 702. Authorization of appropriations.

Sec. 703. Repeal of program development and implementation grants.

Sec. 704. Program enhancement projects.

Sec. 705. Comprehensive school and systemwide improvement grants.

Sec. 706. Repeal of systemwide improvement grants.

Sec. 707. Applications.

Sec. 708. Repeal of intensified instruction.

Sec. 709. Repeal of subgrants, priority, and coordination provisions.

Sec. 710. Evaluations.

Sec. 711. Research.

Sec. 712. Academic excellence awards.

Sec. 713. State grant program.

Sec. 714. National Clearinghouse.

Sec. 715. Instructional materials development.

Sec. 716. Training for all teachers program.

Sec. 717. Graduate fellowships.

Sec. 718. Repeal of program requirements.

Sec. 719. Program evaluations.

Sec. 720. Special rule.

Sec. 721. Repeal of finding relating to foreign language assistance.
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Sec. 722. Foreign language assistance applications.

Sec. 723. Emergency immigrant education purpose.

Sec. 724. Emergency immigrant education State administrative costs.

Sec. 725. Conforming amendments.

Sec. 726. Emergency immigrant education authorization of appropriations.

Sec. 727. Coordination and reporting requirements.

TITLE VIII—IMPACT AID

Sec. 801. Short title.

Sec. 802. Purpose.

Sec. 803. Payments relating to Federal acquisition of real property.

Sec. 804. Payments for eligible federally connected children.

Sec. 805. Sudden and substantial increases in attendance of military dependents.

Sec. 806. School construction and facility modernization.

Sec. 807. State consideration of payments in providing State aid.

Sec. 808. Federal administration.

Sec. 809. Administrative hearings and judicial review.

Sec. 810. Forgiveness of overpayments.

Sec. 811. Applicability.

Sec. 812. Definitions.

Sec. 813. Authorization of appropriations.

Sec. 814. Technical and conforming amendment.

TITLE IX—INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE

EDUCATION

Sec. 901. Programs.

Sec. 902. Conforming amendments.

TITLE X—GENERAL PROVISIONS

Sec. 10001. Uniform provisions.

Sec. 10002. Evaluations.

Sec. 10003. America’s Education Goals.

Sec. 10004. America’s Education Goals Panel.

Sec. 10005. Comprehensive regional assistance centers.

Sec. 10006. Repeals.

Sec. 10007. Technical and conforming amendments.

TITLE XI—AMENDMENTS TO OTHER LAWS

PART A—REPEALS

Sec. 11101. Goals 2000: Educate America Act.

Sec. 11102. Higher Education Amendments of 1998.

Sec. 11103. Conforming amendments.

PART B—EDUCATION FOR HOMELESS CHILDREN AND YOUTH

Sec. 11201. Statement of policy.

Sec. 11202. Grants for State and local activities.

Sec. 11203. Local educational agency grants.

Sec. 11204. Secretarial responsibilities.

Sec. 11205. Definitions.

Sec. 11206. Authorization of appropriations.

Sec. 11207. Conforming amendments.
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PART C—ALBERT EINSTEIN DISTINGUISHED EDUCATORS

Sec. 11301. Albert Einstein Distinguished Educator Act of 1994.

1 SEC. 2. REFERENCES.

2 Except as otherwise expressly provided, whenever in

3 this Act an amendment or repeal is expressed in terms of

4 an amendment to, or repeal of, a section or other provision,

5 the reference shall be considered to be made to a section or

6 other provision of the Elementary and Secondary Edu7 cation Act of 1965 (20 U.S.C. 6301 et seq.).

8 SEC. 3. SHORT TITLE; PURPOSE; DEFINITIONS.

9 The Act (20 U.S.C. 6301 et seq.) is amended—

10 (1) in the heading for section 1, by striking

11 ‘‘TABLE OF CONTENTS’’ and inserting ‘‘SHORT

12 TITLE’’; and

13 (2) by adding after section 1 the following:

14 ‘‘SEC. 2. PURPOSE.

15 ‘‘It is the purpose of this Act to support programs and

16 activities that will improve the Nation’s schools and enable

17 all children to achieve high standards.

18 ‘‘SEC. 3. DEFINITIONS.

19 ‘‘Except as otherwise provided, in this Act:

20 ‘‘(1) AVERAGE DAILY ATTENDANCE.—

21 ‘‘(A) IN GENERAL.—Except as provided oth22 erwise by State law or this paragraph, the term

23 ‘average daily attendance’ means—
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1 ‘‘(i) the aggregate number of days of

2 attendance of all students during a school

3 year; divided by

4 ‘‘(ii) the number of days school is in

5 session during such school year.

6 ‘‘(B) CONVERSION.—The Secretary shall

7 permit the conversion of average daily member8 ship (or other similar data) to average daily at9 tendance for local educational agencies in States

10 that provide State aid to local educational agen11 cies on the basis of average daily membership or

12 such other data.

13 ‘‘(C) SPECIAL RULE.—If the local edu14 cational agency in which a child resides makes

15 a tuition or other payment for the free public

16 education of the child in a school located in an17 other school district, the Secretary shall, for pur18 poses of this Act—

19 ‘‘(i) consider the child to be in attend20 ance at a school of the agency making such

21 payment; and

22 ‘‘(ii) not consider the child to be in at23 tendance at a school of the agency receiving

24 such payment.
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1 ‘‘(D) CHILDREN WITH DISABILITIES.—If a

2 local educational agency makes a tuition pay3 ment to a private school or to a public school of

4 another local educational agency for a child with

5 a disability, as defined in section 602 of the In6 dividuals with Disabilities Education Act, the

7 Secretary shall, for the purposes of this Act, con8 sider such child to be in attendance at a school

9 of the agency making such payment.

10 ‘‘(2) AVERAGE PER-PUPIL EXPENDITURE.—The

11 term ‘average per-pupil expenditure’ means, in the

12 case of a State or of the United States—

13 ‘‘(A) without regard to the source of

14 funds—

15 ‘‘(i) the aggregate current expenditures,

16 during the third fiscal year preceding the

17 fiscal year for which the determination is

18 made (or, if satisfactory data for that year

19 are not available, during the most recent

20 preceding fiscal year for which satisfactory

21 data are available) of all local educational

22 agencies in the State or, in the case of the

23 United States for all States (which, for the

24 purpose of this paragraph, means the 50

25 States and the District of Columbia); plus
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1 ‘‘(ii) any direct current expenditures

2 by the State for the operation of such agen3 cies; divided by

4 ‘‘(B) the aggregate number of children in

5 average daily attendance to whom such agencies

6 provided free public education during such pre7 ceding year.

8 ‘‘(3) CHILD.—The term ‘child’ means any person

9 within the age limits for which the State provides free

10 public education.

11 ‘‘(4) COMMUNITY-BASED ORGANIZATION.—The

12 term ‘community-based organization’ means a public

13 or private nonprofit organization of demonstrated ef14 fectiveness that—

15 ‘‘(A) is representative of a community or

16 significant segments of a community; and

17 ‘‘(B) provides educational or related services

18 to individuals in the community.

19 ‘‘(5) CONSOLIDATED LOCAL APPLICATION.—The

20 term ‘consolidated local application’ means an appli21 cation submitted by a local educational agency pursu22 ant to section 6505.

23 ‘‘(6) CONSOLIDATED LOCAL PLAN.—The term

24 ‘consolidated local plan’ means a plan submitted by

25 a local educational agency pursuant to section 6505.
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1 ‘‘(7) CONSOLIDATED STATE APPLICATION.—The

2 term ‘consolidated State application’ means an appli3 cation submitted by a State educational agency pur4 suant to section 6502.

5 ‘‘(8) CONSOLIDATED STATE PLAN.—The term

6 ‘consolidated State plan’ means a plan submitted by

7 a State educational agency pursuant to section

8 14302.

9 ‘‘(9) COUNTY.—The term ‘county’ means one of

10 the divisions of a State used by the Secretary of Com11 merce in compiling and reporting data regarding

12 counties.

13 ‘‘(10) COVERED PROGRAM.—The term ‘covered

14 program’ means each of the programs authorized

15 by—

16 ‘‘(A) part A of title I;

17 ‘‘(B) part C of title I;

18 ‘‘(C) title II (other than section 2103 and

19 part D);

20 ‘‘(D) subpart 2 of part A of title V;

21 ‘‘(E) part A of title IV (other than section

22 4114); and

23 ‘‘(F) title VI.

24 ‘‘(11) The term ‘current expenditures’ means ex25 penditures for free public education—
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1 ‘‘(A) including expenditures for administra2 tion, instruction, attendance and health services,

3 pupil transportation services, operation and

4 maintenance of plant, fixed charges, and net ex5 penditures to cover deficits for food services and

6 student body activities; but

7 ‘‘(B) not including expenditures for commu8 nity services, capital outlay, and debt service, or

9 any expenditures made from funds received

10 under title I and title VI.

11 ‘‘(12) DEPARTMENT.—The term ‘Department’

12 means the Department of Education.

13 ‘‘(13) EDUCATIONAL SERVICE AGENCY.—The

14 term ‘educational service agency’ means a regional

15 public multiservice agency authorized by State statute

16 to develop, manage, and provide services or programs

17 to local educational agencies.

18 ‘‘(14) ELEMENTARY SCHOOL.—The term ‘elemen19 tary school’ means a nonprofit institutional day or

20 residential school, including a public elementary

21 charter school, that provides elementary education, as

22 determined under State law.

23 ‘‘(15) FREE PUBLIC EDUCATION.—The term ‘free

24 public education’ means education that is provided—
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1 ‘‘(A) at public expense, under public super2 vision and direction, and without tuition charge;

3 and

4 ‘‘(B) as elementary school or secondary

5 school education as determined under applicable

6 State law, except that such term does not include

7 any education provided beyond grade 12.

8 ‘‘(16) GIFTED AND TALENTED.—The term ‘gifted

9 and talented’, when used with respect to students,

10 children or youth, means students, children or youth

11 who give evidence of high performance capability in

12 areas such as intellectual, creative, artistic, or leader13 ship capacity, or in specific academic fields, and who

14 require services or activities not ordinarily provided

15 by the school in order to fully develop such capabili16 ties.

17 ‘‘(17) INSTITUTION OF HIGHER EDUCATION.—

18 The term ‘institution of higher education’ has the

19 meaning given the term in section 101 of the Higher

20 Education Act of 1965.

21 ‘‘(18) LOCAL EDUCATIONAL AGENCY.—

22 ‘‘(A) IN GENERAL.—The term ‘local edu23 cational agency’ means a public board of edu24 cation or other public authority legally con25 stituted within a State for either administrative
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1 control or direction of, or to perform a service

2 function for, public elementary schools or sec3 ondary schools in a city, county, township,

4 school district, or other political subdivision of a

5 State, or for such combination of school districts

6 or counties as are recognized in a State as an

7 administrative agency for the State’s public ele8 mentary or secondary schools.

9 ‘‘(B) ADMINISTRATIVE CONTROL AND DI10 RECTION.—The term includes any other public

11 institution or agency having administrative con12 trol and direction of a public elementary or sec13 ondary school.

14 ‘‘(C) BIA SCHOOLS.—The term includes an

15 elementary school or secondary school funded by

16 the Bureau of Indian Affairs but only to the ex17 tent that such inclusion makes such school eligi18 ble for programs for which specific eligibility is

19 not provided to such school in another provision

20 of law and such school does not have a student

21 population that is smaller than the student pop22 ulation of the local educational agency receiving

23 assistance under this Act with the smallest stu24 dent population, except that such school shall not

25 be subject to the jurisdiction of any State edu-
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1 cational agency other than the Bureau of Indian

2 Affairs.

3 ‘‘(19) MENTORING.—The term ‘mentoring’ means

4 a program in which an adult works with a child or

5 youth on a 1-to-1 basis, establishing a supportive re6 lationship, providing academic assistance, and intro7 ducing the child or youth to new experiences that en8 hance the child or youth’s ability to excel in school

9 and become a responsible citizen.

10 ‘‘(20) OTHER STAFF.—The term ‘other staff’

11 means pupil services personnel, librarians, career

12 guidance and counseling personnel, education aides,

13 and other instructional and administrative personnel.

14 ‘‘(21) OUTLYING AREA.—The term ‘outlying

15 area’ means the United States Virgin Islands, Guam,

16 American Samoa, the Commonwealth of the Northern

17 Mariana Islands, and for the purpose of section 1121

18 and any other discretionary grant program under

19 this Act, the Republic of the Marshall Islands, the

20 Federated States of Micronesia, and the Republic of

21 Palau.

22 ‘‘(22) PARENT.—The term ‘parent’ includes a

23 legal guardian or other person standing in loco

24 parentis.
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1 ‘‘(23) PARENTAL INVOLVEMENT.—The term ‘pa2 rental involvement’ means the participation of par3 ents on all levels of a school’s operation, including all

4 of the activities described in section 1118.

5 ‘‘(24) PUBLIC TELECOMMUNICATIONS ENTITY.—

6 The term ‘public telecommunication entity’ has the

7 same meaning given to such term in section 397 of

8 the Communications Act of 1934.

9 ‘‘(25) PUPIL SERVICES PERSONNEL; PUPIL SERV10 ICES.—

11 ‘‘(A) PUPIL SERVICES PERSONNEL.—The

12 term ‘pupil services personnel’ means school

13 counselors, school social workers, school psycholo14 gists, and other qualified professional personnel

15 involved in providing assessment, diagnosis,

16 counseling, educational, therapeutic, and other

17 necessary services (including related services as

18 such term is defined in section 602 of the Indi19 viduals with Disabilities Education Act) as part

20 of a comprehensive program to meet student

21 needs.

22 ‘‘(B) PUPIL SERVICES.—The term ‘pupil

23 services’ means the services provided by pupil

24 services personnel.
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1 ‘‘(26) RESEARCH-BASED.—The term ‘research2 based’ used with respect to an activity or a program,

3 means an activity based on specific strategies and im4 plementation of such strategies that, based on theory,

5 research and evaluation, are effective in improving

6 student achievement and performance and other pro7 gram objectives.

8 ‘‘(27) SECONDARY SCHOOL.—The term ‘sec9 ondary school’ means a nonprofit institutional day or

10 residential school, including a public secondary char11 ter school, that provides secondary education, as de12 termined under State law, except that such term does

13 not include any education beyond grade 12.

14 ‘‘(28) SECRETARY.—The term ‘Secretary’ means

15 the Secretary of Education.

16 ‘‘(29) STATE.—The term ‘State’ means each of

17 the 50 States, the District of Columbia, the Common18 wealth of Puerto Rico, and each of the outlying areas.

19 ‘‘(30) STATE EDUCATIONAL AGENCY.—The term

20 ‘State educational agency’ means the agency pri21 marily responsible for the State supervision of public

22 elementary schools and secondary schools.

23 ‘‘(31) TECHNOLOGY.—The term ‘technology’

24 means the latest state-of-the-art technology products

25 and services, such as closed circuit television systems,
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1 educational television or radio programs and services,

2 cable television, satellite, copper fiber optic trans3 mission, computer hardware and software, video and

4 audio laser and CD–ROM disks, video and audio

5 tapes, including interactive forms of such products

6 and services, or other technologies.’’.

7 TITLE I—HELPING DISADVAN8 TAGED CHILDREN MEET HIGH

9 STANDARDS

10 SEC. 101. POLICY AND PURPOSE.

11 Section 1001 (20 U.S.C. 6301) is amended to read as

12 follows:

13 ‘‘SEC. 1001. STATEMENT OF PURPOSE.

14 ‘‘The purpose of this title is to enable schools to provide

15 opportunities for children served under this title to acquire

16 the knowledge and skills contained in the challenging State

17 content standards and to meet the challenging State student

18 performance standards developed for all children. This pur19 pose should be accomplished by—

20 ‘‘(1) ensuring high standards for all children

21 and aligning the efforts of States, local educational

22 agencies, and schools to help children served under

23 this title to reach such standards;

24 ‘‘(2) providing children an enriched and acceler25 ated educational program, including the use of
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1 schoolwide programs or additional services that in2 crease the amount and quality of instructional time

3 so that children served under this title receive at least

4 the classroom instruction that other children receive;

5 ‘‘(3) promoting schoolwide reform and ensuring

6 access of children (from the earliest grades, including

7 prekindergarten) to effective instructional strategies

8 and challenging academic content that includes inten9 sive complex thinking and problem-solving experi10 ences;

11 ‘‘(4) significantly elevating the quality of in12 struction by providing staff in participating schools

13 with substantial opportunities for professional devel14 opment;

15 ‘‘(5) coordinating services under all parts of this

16 title with each other, with other educational services,

17 and to the extent feasible, with other agencies pro18 viding services to youth, children, and families that

19 are funded from other sources;

20 ‘‘(6) affording parents substantial and meaning21 ful opportunities to participate in the education of

22 their children at home and at school;

23 ‘‘(7) distributing resources in amounts sufficient

24 to make a difference to local educational agencies and

25 schools where needs are greatest;
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1 ‘‘(8) improving and strengthening account2 ability, teaching, and learning by using State assess3 ment systems designed to measure how well children

4 served under this title are achieving challenging State

5 student performance standards expected of all chil6 dren; and

7 ‘‘(9) providing greater decisionmaking authority

8 and flexibility to schools and teachers in exchange for

9 greater responsibility for student performance.’’.

10 SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

11 Section 1002 (20 U.S.C. 6302) is amended—

12 (1) in subsection (a), by striking

13 ‘‘$7,400,000,000 for fiscal year 1995’’ and inserting

14 ‘‘$15,000,000,000 for fiscal year 2001’’;

15 (2) in subsection (b), by striking ‘‘$118,000,000

16 for fiscal year 1995’’ and inserting ‘‘$500,000,000 for

17 fiscal year 2001’’;

18 (3) in subsection (c), by striking ‘‘$310,000,000

19 for fiscal year 1995’’ and inserting ‘‘$400,000,000 for

20 fiscal year 2001’’;

21 (4) by amending subsection (d) to read as fol22 lows:

23 ‘‘(d) PARENTAL ASSISTANCE.—For the purpose of car24 rying out part D, there are authorized to be appropriated
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1 $50,000,000 for fiscal year 2001 and such sums as may be

2 necessary for each of the 4 succeeding fiscal years.’’;

3 (5) by amending subsection (e) to read as fol4 lows:

5 ‘‘(e) CAPITAL EXPENSES.—For the purpose of carrying

6 out section 1120(e), there are authorized to be appropriated

7 $15,000,000 for fiscal year 2001, $15,000,000 for fiscal year

8 2002, and $5,000,000 for fiscal year 2003.’’;

9 (6) in subsection (f), by striking ‘‘1996 and each

10 of the three’’ and inserting ‘‘2001 and each of the

11 four’’;

12 (7) by amending subsection (g) to read as fol13 lows:

14 ‘‘(g) FEDERAL ACTIVITIES.—

15 ‘‘(1) SECTION 1501.—For the purpose of carrying

16 out section 1501, there are authorized to be appro17 priated $10,000,000 for fiscal year 2001 and such

18 sums as may be necessary for each of the four suc19 ceeding fiscal years.

20 ‘‘(2) SECTION 1502.—For the purpose of carrying

21 out section 1502 there are authorized to be appro22 priated $25,000,000 for fiscal year 2001 and such

23 sums as may be necessary for each of the four suc24 ceeding fiscal years.’’; and

25 (8) by adding at the end the following:
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1 ‘‘(h) COMPREHENSIVE SCHOOL REFORM.—For the

2 purpose of carrying out part F, there are authorized to be

3 appropriated $200,000,000 for fiscal year 2001 and such

4 sums as may be necessary for each of the four succeeding

5 fiscal years.’’.

6 SEC. 103. RESERVATION AND ALLOCATION FOR SCHOOL IM7 PROVEMENT.

8 Section 1003 (20 U.S.C. 6303) is amended to read as

9 follows:

10 ‘‘SEC. 1003. RESERVATIONS AND ALLOCATIONS FOR

11 SCHOOL IMPROVEMENT.

12 ‘‘(a) SECRETARY’S RESERVATION AND ALLOCATION

13 FOR SCHOOL IMPROVEMENT FROM AMOUNTS IN EXCESS OF

14 $8,076,000,000.—

15 ‘‘(1) RESERVATION.—The Secretary shall reserve

16 50 percent of the amount appropriated to carry out

17 part A for fiscal year 2001 and each of the 4 suc18 ceeding fiscal years that is in excess of $8,076,000,000

19 to make allotments to States under paragraph (2).

20 ‘‘(2) ADDITIONAL STATE ALLOTMENTS FOR AS21 SESSMENT DEVELOPMENT, SCHOOL IMPROVEMENT,

22 AND ACADEMIC ACHIEVEMENT AWARDS.—

23 ‘‘(A) ALLOTMENTS.—The Secretary shall

24 allot to each State for a fiscal year an amount

25 that bears the same relation to the amount re-
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1 served under paragraph (1) for the fiscal year as

2 the amount all local educational agencies in the

3 State received under section 1124 for the fiscal

4 year bears to the amount all local educational

5 agencies in all States received under section 1124

6 for the fiscal year, except that no State shall re7 ceive less than 0.5 percent of the amount reserved

8 under paragraph (1) for the fiscal year.

9 ‘‘(B) USE OF FUNDS.—Funds allotted under

10 subparagraph (A) shall be used by a State to

11 carry out section 1111(b)(3), subsections (c) and

12 (d) of section 1116, and section 1117.

13 ‘‘(C) PUBLIC NOTICE AND COMMENT.—Each

14 State using funds allotted under this subsection

15 shall—

16 ‘‘(i) provide the public with adequate

17 and efficient notice of the proposed uses of

18 the funds;

19 ‘‘(ii) provide the opportunity for par20 ents, educators, and all other interested

21 members of the community to comment re22 garding the proposed uses of funds; and

23 ‘‘(iii) provide the opportunity de24 scribed in clause (ii) in accordance with

25 any applicable State law specifying how the
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1 comments may be received, and how the

2 comments may be reviewed by any member

3 of the public.

4 ‘‘(D) DEFINITION.—For purposes of this

5 subsection, the term ‘State’ means each of the

6 several States of the United States, the District

7 of Columbia, and the Commonwealth of Puerto

8 Rico.

9 ‘‘(b) STATE RESERVATION AND ALLOCATION FOR

10 SCHOOL IMPROVEMENT.—

11 ‘‘(1) PAYMENT FOR SCHOOL IMPROVEMENT.—

12 ‘‘(A) IN GENERAL.—Except as provided in

13 paragraph (3), for fiscal year 2001 and each suc14 ceeding fiscal year each State may reserve for the

15 proper and efficient performance of its duties

16 under subsections (c) and (d) of section 1116,

17 and section 1117, one-half of 1 percent of the

18 funds made available to the State under—

19 ‘‘(i) part A, except that such reserved

20 amount shall not exceed one-half of 1 per21 cent of the funds made available to the

22 State under part A for fiscal year 2000;

23 and
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1 ‘‘(ii) part C of this title, and part B

2 of title III, for the fiscal year for which the

3 reservation is made.

4 ‘‘(B) MINIMUM.—The total amount that

5 may be reserved by each State, other than the

6 outlying areas, under this subsection for any fis7 cal year, when added to amounts appropriated

8 for such fiscal year under section 1002(f) that

9 are allocated to the State under paragraph (2),

10 if any, may not be less than $200,000. The total

11 amount that may be reserved by each outlying

12 area under this subsection for any fiscal year,

13 when added to amounts appropriated for such

14 fiscal year under section 1002(f) that are allo15 cated under paragraph (2) to the outlying area,

16 if any, may not be less than $25,000.

17 ‘‘(C) SPECIAL RULE.—If the amount re18 served under subparagraph (A) when added to

19 the amount made available under section 1002(f)

20 for a State is less than $200,000 for any fiscal

21 year, then such State may reserve such addi22 tional funds under parts A and C of this title,

23 and part C of title III, as are necessary to make

24 $200,000 available to such State.
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1 ‘‘(2) ADDITIONAL STATE ALLOCATIONS FOR

2 SCHOOL IMPROVEMENT.—From the amount appro3 priated under section 1002(f) for any fiscal year, each

4 State shall be eligible to receive an amount that bears

5 the same ratio to the amount appropriated as the

6 amount allocated to the State under part A (other

7 than section 1120(e)) bears to the total amount allo8 cated to all States under part A (other than section

9 1120(e)).’’.

10 PART A—BASIC PROGRAMS

11 SEC. 111. STATE PLANS.

12 Section 1111 (20 U.S.C. 6311) is amended—

13 (1) in subsection (a)—

14 (A) in paragraph (1)—

15 (i) by striking ‘‘the Goals 2000: Edu16 cate America Act,’’ and inserting ‘‘the Indi17 viduals with Disabilities Education Act, the

18 Carl D. Perkins Vocational and Technical

19 Education Act of 1998, the Head Start

20 Act,’’; and

21 (ii) by striking ‘‘14306’’ and inserting

22 ‘‘6506’’; and

23 (B) in paragraph (2), by striking ‘‘14302’’

24 and inserting ‘‘6502’’;

25 (2) in subsection (b)—
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1 (A) in paragraph (1)—

2 (i) by amending subparagraph (B) to

3 read as follows:

4 ‘‘(B) The standards described in subpara5 graph (A) shall be the same standards that the

6 State applies to all schools and children in the

7 State.’’; and

8 (ii) by amending subparagraph (C) to

9 read as follows:

10 ‘‘(C) The State shall have the standards de11 scribed in subparagraph (A) for elementary

12 school and secondary school children served

13 under this part in subjects determined by the

14 State that include at least mathematics, and

15 reading or language arts, and such standards

16 shall require the same knowledge, skills, and lev17 els of performance for all children.’’;

18 (B) in paragraph (2), by amending sub19 paragraph (B) to read as follows:

20 ‘‘(B) Adequate yearly progress shall be de21 fined in a manner—

22 ‘‘(i) that is sufficient to achieve the

23 goal of all children served under this part

24 meeting the State’s proficient and advanced

25 levels of performance within 10 years;
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1 ‘‘(ii) that results in continuous and

2 substantial academic improvement for all

3 students, including economically disadvan4 taged and limited English proficient stu5 dents, except that this clause shall not apply

6 if the State demonstrates to the Secretary

7 that the State has an insufficient number of

8 economically disadvantaged or limited

9 English proficient students;

10 ‘‘(iii) that is based primarily on the

11 standards described in paragraph (1) and

12 the assessments aligned to State standards

13 described in paragraph (3), and shall in14 clude specific State determined yearly

15 progress requirements in subjects and grades

16 included in the State assessments; and

17 ‘‘(iv) that is linked to performance on

18 the assessments carried out under this sec19 tion while permitting progress to be estab20 lished in part through other academic indi21 cators, whether defined in the State plan or

22 in a State-approved local educational agen23 cy plan, such as dropout rates.’’;

24 (C) in paragraph (3)—

25 (i) in subparagraph (F)—
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1 (I) in clause (ii), by striking

2 ‘‘and’’ after the semicolon;

3 (II) in clause (iii), by inserting

4 ‘‘and’’ after the semicolon; and

5 (III) by adding at the end the fol6 lowing:

7 ‘‘(iv) notwithstanding clause (iii), the

8 assessment (using tests written in English)

9 of reading or language arts of any student

10 who has attended school in the United

11 States (excluding the Commonwealth of

12 Puerto Rico) for 3 or more consecutive

13 years for the purpose of school account14 ability;’’; and

15 (ii) by amending subparagraph (H) to

16 read as follows:

17 ‘‘(H) provide individual student interpre18 tive and descriptive reports, which shall include

19 scores or other information on the attainment of

20 student performance standards, such as measures

21 of student course work over time, student attend22 ance rates, student dropout rates, and student

23 participation in advanced level courses;’’; and

24 (D) in paragraph (5) by striking ‘‘through

25 the Office of Bilingual Education and Minority
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1 Languages Affairs’’ and inserting ‘‘, but shall

2 not mandate a specific assessment or mode of in3 struction’’;

4 (3) in subsection (c)—

5 (A) in paragraph (1)(B)—

6 (i) by striking ‘‘1119 and’’ and insert7 ing ‘‘1119,’’; and

8 (ii) by inserting ‘‘, and parental in9 volvement under section 1118’’ after

10 ‘‘1117’’;

11 (B) by redesignating paragraphs (5) and

12 (6) as paragraphs (8) and (9), respectively;

13 (C) by inserting after paragraph (4) the fol14 lowing:

15 ‘‘(5) the State educational agency will inform

16 the Secretary and the public regarding how Federal

17 laws hinder, if at all, the ability of States to hold

18 local educational agencies and schools accountable for

19 student academic performance;

20 ‘‘(6) the State educational agency will inform

21 the Secretary and the public regarding how the State

22 educational agency is reducing, if necessary, State fis23 cal, accounting, and other barriers to local school and

24 school district reform, including barriers to imple25 menting schoolwide programs;
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1 ‘‘(7) the State educational agency will inform

2 local educational agencies of the local educational

3 agencies’ ability to obtain waivers under part F of

4 title VI and, if the State is an Ed-Flex Partnership

5 State, waivers under the Educational Flexibility

6 Partnership Act of 1999 (20 U.S.C. 5891a et seq.);’’;

7 and

8 (D) by amending paragraph (9) (as so re9 designated) to read as follows:

10 ‘‘(9) the State will coordinate activities funded

11 under this part with other Federal activities as ap12 propriate.’’;

13 (4) by redesignating subsections (d) through (g)

14 as subsections (e) through (h), respectively;

15 (5) by inserting after subsection (c) the fol16 lowing:

17 ‘‘(d) PARENTAL INVOLVEMENT.—Each State plan shall

18 demonstrate that the State will support, in collaboration

19 with the regional educational laboratories, the collection

20 and dissemination to local educational agencies and schools

21 of effective parental involvement practices. Such practices

22 shall—

23 ‘‘(1) be based on the most current research on ef24 fective parental involvement that fosters achievement

25 to high standards for all children; and
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1 ‘‘(2) be geared toward lowering barriers to great2 er participation in school planning, review, and im3 provement experienced by parents.’’;

4 (6) in subsection (e)(1)(B) (as so redesignated),

5 by inserting ‘‘, and who are familiar with edu6 cational standards, assessments, accountability, and

7 other diverse educational needs of students’’ before the

8 semicolon;

9 (7) in subsection (h) (as so redesignated), by

10 striking ‘‘1998’’ and inserting ‘‘2005’’; and

11 (8) by adding at the end the following:

12 ‘‘(i) PRIVACY.—Information collected under this sec13 tion shall be collected and disseminated in a manner that

14 protects the privacy of individuals.

15 SEC. 112. LOCAL EDUCATIONAL AGENCY PLANS.

16 Section 1112 (20 U.S.C. 6312) is amended—

17 (1) in subsection (a)—

18 (A) in paragraph (1), by striking ‘‘the

19 Goals’’ and all that follows through ‘‘section

20 14306’’ and inserting ‘‘the Individuals with Dis21 abilities Education Act, the Carl D. Perkins Vo22 cational and Technical Education Act of 1998,

23 the Head Start Act, and other Acts, as appro24 priate’’; and
34

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1 (B) in paragraph (2), by striking ‘‘14304’’

2 and inserting ‘‘6504’’;

3 (2) in subsection (b)—

4 (A) in paragraph (3), by inserting ‘‘, which

5 strategy shall be coordinated with activities

6 under title II if the local educational agency re7 ceives funds under title II’’ before the semicolon;

8 (B) in paragraph (4)—

9 (i) in subparagraph (A)—

10 (I) by striking ‘‘programs, voca11 tional’’ and inserting ‘‘programs and

12 vocational’’; and

13 (II) by striking ‘‘, and school-to14 work transition programs’’; and

15 (ii) in subparagraph (B)—

16 (I) by striking ‘‘served under part

17 C’’ and all that follows through

18 ‘‘1994’’; and

19 (II) by striking ‘‘served under

20 part D’’; and

21 (C) by amending paragraph (9) to read as

22 follows:

23 ‘‘(9) where appropriate, a description of how the

24 local educational agency will use funds under this
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1 part to support early childhood education programs

2 under section 1120B.’’;

3 (3) by amending subsection (c) to read as fol4 lows:

5 ‘‘(c) ASSURANCES.—Each local educational agency

6 plan shall provide assurances that the local educational

7 agency will—

8 ‘‘(1) inform eligible schools and parents of

9 schoolwide project authority;

10 ‘‘(2) provide technical assistance and support to

11 schoolwide programs;

12 ‘‘(3) work in consultation with schools as the

13 schools develop the schools’ plans pursuant to section

14 1114 and assist schools as the schools implement such

15 plans or undertake activities pursuant to section 1115

16 so that each school can make adequate yearly progress

17 toward meeting the State content standards and State

18 student performance standards;

19 ‘‘(4) fulfill such agency’s school improvement re20 sponsibilities under section 1116, including taking

21 corrective actions under section 1116(c)(5);

22 ‘‘(5) work in consultation with schools as the

23 schools develop and implement their plans or activi24 ties under sections 1118 and 1119;
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1 ‘‘(6) coordinate and collaborate, to the extent fea2 sible and necessary as determined by the local edu3 cational agency, with other agencies providing serv4 ices to children, youth, and families, including health

5 and social services;

6 ‘‘(7) provide services to eligible children attend7 ing private elementary and secondary schools in ac8 cordance with section 1120, and timely and meaning9 ful consultation with private school officials regarding

10 such services;

11 ‘‘(8) take into account the experience of model

12 programs for the educationally disadvantaged, and

13 the findings of relevant research indicating that serv14 ices may be most effective if focused on students in the

15 earliest grades at schools that receive funds under this

16 part;

17 ‘‘(9) comply with the requirements of section

18 1119 regarding professional development;

19 ‘‘(10) inform eligible schools of the local edu20 cational agency’s authority to obtain waivers on the

21 school’s behalf under part F of title VI, and if the

22 State is an Ed-Flex Partnership State, waivers under

23 the Education Flexibility Partnership Act of 1999;

24 and
37

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1 ‘‘(11) coordinate and collaborate, to the extent

2 feasible and necessary as determined by the local edu3 cational agency, with other agencies providing serv4 ices to children, youth, and families.’’; and

5 (4) in subsection (e)—

6 (A) in paragraph (1), by striking ‘‘, except

7 that’’ and all that follows through ‘‘finally ap8 proved by the State educational agency’’; and

9 (B) in paragraph (3)—

10 (i) by striking ‘‘professional develop11 ment’’; and

12 (ii) by striking ‘‘section 1119’’ and in13 serting ‘‘sections 1118 and 1119’’.

14 SEC. 113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

15 Section 1113(b)(1) (20 U.S.C. 6313(b)(2)) is

16 amended—

17 (1) in subparagraph (B), by striking ‘‘and’’ after

18 the semicolon;

19 (2) in subparagraph (C)(iii), by striking the pe20 riod and inserting ‘‘; and’’; and

21 (3) by adding at the end the following:

22 ‘‘(D) designate and serve a school attend23 ance area or school that is not an eligible school

24 attendance area under subsection (a)(2), but that

25 was an eligible school attendance area and was
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1 served in the fiscal year preceding the fiscal year

2 for which the determination is made, but only

3 for 1 additional fiscal year.’’.

4 SEC. 114. SCHOOLWIDE PROGRAMS.

5 Section 1114 (20 U.S.C. 6314) is amended—

6 (1) in subsection (a)—

7 (A) by striking paragraph (1) and inserting

8 the following:

9 ‘‘(1) IN GENERAL.—A local educational agency

10 may use funds under this part, together with other

11 Federal, State, and local funds, to upgrade the entire

12 educational program of a school that serves an eligible

13 school attendance area in which not less than 40 per14 cent of the children are from low-income families, or

15 not less than 40 percent of the children enrolled in the

16 school are from such families, for the initial year of

17 the schoolwide program.’’; and

18 (B) in paragraph (4)—

19 (i) by amending the heading to read as

20 follows: ‘‘EXEMPTION FROM STATUTORY AND

21 REGULATORY REQUIREMENTS.—’’; and

22 (ii) by adding at the end the following:

23 ‘‘(C) A school that chooses to use funds from such

24 other programs under this section shall not be re25 quired to maintain separate fiscal accounting records,
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1 by program, that identify the specific activities sup2 ported by those particular funds as long as the school

3 maintains records that demonstrate that the

4 schoolwide program, considered as a whole, addresses

5 the intent and purposes of each of the programs that

6 were consolidated to support the schoolwide pro7 gram.’’; and

8 (2) in subsection (b)—

9 (A) in paragraph (1)—

10 (i) in subparagraph (B)(vii), by strik11 ing ‘‘, if any, approved under title III of

12 the Goals 2000: Educate America Act’’; and

13 (ii) in subparagraph (E), by striking

14 ‘‘, such as family literacy services’’ and in15 serting ‘‘(including activities described in

16 section 1118), such as family literacy serv17 ices, in-school volunteer opportunities, or

18 parent membership on school-based leader19 ship or management teams.’’; and

20 (B) in paragraph (2)—

21 (i) in subparagraph (A)—

22 (I) in the matter preceding clause

23 (i), by striking ‘‘Improving America’s

24 Schools Act of 1994’’ and inserting

25 ‘‘Educational Opportunities Act’’; and
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1 (II) in clause (iv), by inserting

2 ‘‘in a language the family can under3 stand’’ after ‘‘results’’; and

4 (ii) in subparagraph (C)—

5 (I) in clause (i)(II), by striking

6 ‘‘Improving America’s Schools Act of

7 1994’’ and inserting ’’Educational Op8 portunities Act’’; and

9 (II) in clause (v), by striking ‘‘the

10 School-to-Work Opportunities Act of

11 1994’’ and inserting ‘‘part C of title

12 II’’.

13 SEC. 115. TARGETED ASSISTANCE SCHOOLS.

14 Section 1115 (20 U.S.C. 6315) is amended—

15 (1) in subsection (b)—

16 (A) in paragraph (1)(A)(ii), by striking ‘‘,

17 yet’’ and all that follows through ‘‘setting’’; and

18 (B) in paragraph (2)—

19 (i) in subparagraph (B), insert ‘‘or in

20 early childhood education services under

21 this title,’’ after ‘‘program,’’; and

22 (ii) in subparagraph (C)(i), by strik23 ing ‘‘under part D (or its predecessor au24 thority)’’; and

25 (2) in subsection (c)(1)—
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1 (A) by amending subparagraph (G) to read

2 as follows:

3 ‘‘(G) provide opportunities for professional

4 development with resources provided under this

5 part, and to the extent practicable, from other

6 sources, for teachers, principals, administrators,

7 paraprofessionals, pupil services personnel, and

8 parents, who work with participating children

9 in programs under this section or in the regular

10 education program; and’’; and

11 (B) in subparagraph (H), by striking ‘‘,

12 such as family literacy services’’ and inserting

13 ‘‘(including activities described in section 1118),

14 such as family literacy services, in-school volun15 teer opportunities, or parent membership on

16 school-based leadership or management teams.’’.

17 SEC. 116. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

18 Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.)

19 is amended by inserting after section 1115A (20 U.S.C.

20 6316) the following:

21 ‘‘SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

22 ‘‘(a) IN GENERAL.—If a student is eligible to be served

23 under section 1115(b), or attends a school eligible for a

24 schoolwide program under section 1114, and—
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1 ‘‘(1) becomes a victim of a violent criminal of2 fense while in or on the grounds of a public elemen3 tary school or secondary school that the student at4 tends and that receives assistance under this part,

5 then the local educational agency shall allow such stu6 dent to transfer to another public school or public

7 charter school in the same State as the school where

8 the criminal offense occurred, that is selected by the

9 student’s parent unless allowing such transfer is

10 prohibited—

11 ‘‘(A) under the provisions of a State or local

12 law; or

13 ‘‘(B) by a local educational agency policy

14 that is approved by a local school board; or

15 ‘‘(2) the public school that the student attends

16 and that receives assistance under this part has been

17 designated as an unsafe public school, then the local

18 educational agency may allow such student to trans19 fer to another public school or public charter school

20 in the same State as the school where the criminal of21 fense occurred, that is selected by the student’s parent.

22 ‘‘(b) STATE EDUCATIONAL AGENCY DETERMINA23 TIONS.—
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1 ‘‘(1) The State educational agency shall deter2 mine, based upon State law, what actions constitute

3 a violent criminal offense for purposes of this section.

4 ‘‘(2) The State educational agency shall deter5 mine which schools in the State are unsafe public

6 schools.

7 ‘‘(3) The term ‘unsafe public schools’ means a

8 public school that has serious crime, violence, illegal

9 drug, and discipline problems, as indicated by condi10 tions that may include high rates of—

11 ‘‘(A) expulsions and suspensions of students

12 from school;

13 ‘‘(B) referrals of students to alternative

14 schools for disciplinary reasons, to special pro15 grams or schools for delinquent youth, or to juve16 nile court;

17 ‘‘(C) victimization of students or teachers

18 by criminal acts, including robbery, assault and

19 homicide;

20 ‘‘(D) enrolled students who are under court

21 supervision for past criminal behavior;

22 ‘‘(E) possession, use, sale or distribution of

23 illegal drugs;
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1 ‘‘(F) enrolled students who are attending

2 school while under the influence of illegal drugs

3 or alcohol;

4 ‘‘(G) possession or use of guns or other

5 weapons;

6 ‘‘(H) participation in youth gangs; or

7 ‘‘(I) crimes against property, such as theft

8 or vandalism.

9 ‘‘(c) TRANSPORTATION COSTS.—The local educational

10 agency that serves the public school in which the violent

11 criminal offense occurred or that serves the designated un12 safe public school may use funds provided under this part

13 to provide transportation services or to pay the reasonable

14 costs of transportation for the student to attend the school

15 selected by the student’s parent.

16 ‘‘(d) SPECIAL RULE.—Any school receiving assistance

17 provided under this section shall comply with title VI of

18 the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and

19 not discriminate on the basis of race, color, or national ori20 gin.

21 ‘‘(e) PART B OF THE INDIVIDUALS WITH DISABILITIES

22 EDUCATION ACT.—Nothing in this section shall be con23 strued to affect the requirements of part B of the Individ24 uals with Disabilities Education Act (20 U.S.C. 1411 et

25 seq.).
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1 ‘‘(f) MAXIMUM AMOUNT.—Notwithstanding any other

2 provision of this section, the amount of assistance provided

3 under this part for a student who elects a transfer under

4 this section shall not exceed the per pupil expenditures for

5 elementary or secondary school students as provided by the

6 local educational agency that serves the school involved in

7 the transfer.’’.

8 SEC. 117. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY

9 AND SCHOOL IMPROVEMENT.

10 Section 1116 (20 U.S.C. 6317) is amended—

11 (1) by amending subsection (a) to read as fol12 lows:

13 ‘‘(a) LOCAL REVIEW.—

14 ‘‘(1) IN GENERAL.—Each local educational agen15 cy receiving funds under this part shall—

16 ‘‘(A) use the State assessments described in

17 the State plan;

18 ‘‘(B) use any additional measures or indi19 cators described in the local educational agency’s

20 plan to review annually the progress of each

21 school served under this part to determine wheth22 er the school is meeting, or making adequate

23 progress as defined in section 1111(b)(2)(A)(i)

24 toward enabling its students to meet the State’s
46

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1 student performance standards described in the

2 State plan; and

3 ‘‘(C) provide the results of the local annual

4 review to schools so that the schools can contin5 ually refine the program of instruction to help

6 all children served under this part in those

7 schools meet the State’s student performance

8 standards.

9 ‘‘(2) LOCAL REPORTS.—(A) Following the an10 nual review specified in paragraph (1)(B), each local

11 educational agency receiving funds under this part

12 shall prepare and disseminate an annual performance

13 report regarding each school that receives funds under

14 this part. The report, at a minimum, shall include

15 information regarding—

16 ‘‘(i) each school’s performance in making

17 adequate yearly progress and whether the school

18 has been identified for school improvement;

19 ‘‘(ii) the progress of each school in enabling

20 all students served under this part to meet the

21 State-determined levels of performance, including

22 the progress of economically disadvantaged stu23 dents and limited English proficient students,

24 except that this clause shall not apply to a State

25 if the State demonstrates that the State has an
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1 insufficient number of economically disadvan2 taged or limited English proficient students; and

3 ‘‘(iii) any other information the local edu4 cational agency determines appropriate (such as

5 information on teacher quality, school safety,

6 and drop-out rates).

7 ‘‘(B) The local educational agency shall publicize

8 and disseminate the report to teachers and other staff,

9 parents, students, and the community. Such report

10 shall be concise and presented in a format and man11 ner that parents can understand. The local edu12 cational agency may issue individual school perform13 ance reports directly to teachers and other staff, par14 ents, students, and the community, or the local edu15 cational agency may publicize and disseminate the

16 report through a widely read or distributed medium,

17 such as posting on the Internet or distribution to the

18 media.

19 ‘‘(C) Information collected and reported under

20 this section shall be collected and disseminated in a

21 manner that protects the privacy of individuals.

22 ‘‘(D) In the case of a local educational agency

23 for which the State report described in section

24 1116(d) contains data about an individual school

25 served by the local educational agency that is equiva-
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1 lent to the data required by this subsection, such local

2 educational agency shall not be required to prepare or

3 distribute a report regarding such school under this

4 paragraph.’’;

5 (2) by amending subsection (c) to read as fol6 lows:

7 ‘‘(c) SCHOOL IMPROVEMENT.—

8 ‘‘(1) IN GENERAL.—(A) A local educational

9 agency shall identify for school improvement any

10 school served under this part that for 2 consecutive

11 years failed to make adequate yearly progress as de12 fined in the State’s plan in section 1111, except that

13 in the case of a targeted assistance program under

14 section 1115, a local educational agency may review

15 the progress of only those students in such school who

16 are served under this part.

17 ‘‘(B) The 2 year period described in clause (i)

18 shall include any continuous period of time imme19 diately preceding the date of enactment of the Edu20 cation Opportunities Act, during which a school did

21 not make adequate yearly progress as defined in the

22 State’s plan, as such plan was in effect on the day

23 preceding the date of such enactment.

24 ‘‘(C) Before identifying a school for school im25 provement under subparagraph (A), the local edu-
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1 cational agency shall provide the school with an op2 portunity to review the school-level data, including

3 assessment data, on which such identification is

4 based. The review period shall not exceed 30 days,

5 and at the end of the review period the local edu6 cational agency shall make a final determination as

7 to the school improvement status of the school. If the

8 school believes that such identification for school im9 provement is in error for statistical or other sub10 stantive reasons, such school may provide evidence to

11 the local educational agency to support such belief.

12 ‘‘(2) SCHOOL PLAN.—(A) Each school identified

13 under paragraph (1), in consultation with parents,

14 the local educational agency, and the school support

15 team or other outside experts, shall revise a school

16 plan that addresses the fundamental teaching and

17 learning needs in the school and—

18 ‘‘(i) describes the specific achievement prob19 lems to be solved;

20 ‘‘(ii) includes research-based strategies, sup21 ported with specific goals and objectives, that

22 have the greatest likelihood of improving the per23 formance of participating children in meeting

24 the State’s student performance standards;
50

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1 ‘‘(iii) explains how those strategies will

2 work to address the achievement problems identi3 fied under clause (i);

4 ‘‘(iv) addresses the need for high-quality

5 staff by setting goals for ensuring that high qual6 ity professional development programs are sup7 ported with funds under this part;

8 ‘‘(v) addresses the professional development

9 needs of instructional staff by committing to

10 spend not less than 10 percent of the funds re11 ceived by the school under this part during 1 fis12 cal year for professional development, which pro13 fessional development shall increase the content

14 knowledge of teachers and build the capacity of

15 the teachers to align classroom instruction with

16 challenging content standards and to bring all

17 students to proficient or advanced levels of per18 formance as determined by the State;

19 ‘‘(vi) identifies specific goals and objectives

20 the school will undertake for making adequate

21 yearly progress, which goals and objectives shall

22 be consistent with State and local standards;

23 ‘‘(vii) specifies the responsibilities of the

24 school and the local educational agency, includ25 ing how the local educational agency will hold
51

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1 the school accountable for, and assist the school

2 in, meeting the school’s obligations to provide en3 riched and accelerated curricula, effective in4 structional methods, high quality professional de5 velopment, and timely and effective individual

6 assistance, in partnership with parents; and

7 ‘‘(viii) includes strategies to promote effec8 tive parental involvement in the school.

9 ‘‘(B) The school shall submit the plan or revised

10 plan to the local educational agency for approval

11 within 3 months of being identified. The local edu12 cational agency shall promptly subject the plan to a

13 review process, work with the school to revise the plan

14 as necessary, and approve the plan within 1 month

15 of submission. The school shall implement the plan as

16 soon as the plan is approved.

17 ‘‘(3) PARENTAL NOTIFICATION.—Each school

18 identified under paragraph (1) shall in understand19 able language and form, promptly notify the parents

20 of each student enrolled in the school that the school

21 was designated by the local educational agency as

22 needing improvement and provide with the

23 notification—

24 ‘‘(A) the reasons for such designation;
52

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1 ‘‘(B) information about opportunities for

2 parents to participate in the school improvement

3 process; and

4 ‘‘(C) an explanation of the option afforded

5 to parents, pursuant to paragraph (6), to trans6 fer their child to another public school, including

7 a public charter school, that is not identified for

8 school improvement.

9 ‘‘(4) TECHNICAL ASSISTANCE.—(A) For each

10 school identified for school improvement under para11 graph (1), the local educational agency shall provide

12 technical assistance as the school develops and imple13 ments its plan. Such technical assistance shall include

14 effective methods and research-based instructional

15 strategies.

16 ‘‘(B) Such technical assistance shall be designed

17 to strengthen the core academic program for the stu18 dents served under this part and addresses specific

19 elements of student performance problems, including

20 problems, if any, in implementing the parental in21 volvement requirements described in section 1118, the

22 professional development requirements described in

23 section 1119, and the responsibilities of the school and

24 local educational agency under the school plan.
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1 ‘‘(5) CORRECTIVE ACTION.—In order to help stu2 dents served under this part meet challenging State

3 standards, each local educational agency shall imple4 ment a system of corrective action in accordance with

5 the following:

6 ‘‘(A) After providing technical assistance

7 under paragraph (4), the local educational agen8 cy may take corrective action at any time with

9 respect to a school that has been identified under

10 paragraph (1), but shall take corrective action

11 with respect to any school that fails to make ade12 quate yearly progress, as defined by the State, at

13 the end of the second year following the school’s

14 identification under paragraph (1) and shall

15 continue to provide technical assistance while in16 stituting any corrective action.

17 ‘‘(B) Consistent with State and local law,

18 in the case of a school described in subparagraph

19 (A) for which corrective action is required, the

20 local educational agency shall not take less than

21 1 of the following corrective actions:

22 ‘‘(i) Instituting and fully imple23 menting a new curriculum that is based on

24 State and local standards, including appro25 priate research-based professional develop-
54

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1 ment for all relevant staff that offers sub2 stantial promise of improving educational

3 achievement for low-performing students.

4 ‘‘(ii) Restructuring the school, such as

5 by—

6 ‘‘(I) making alternative govern7 ance arrangements (such as the cre8 ation of a public charter school); or

9 ‘‘(II) creating schools within

10 schools or other small learning envi11 ronments.

12 ‘‘(iii) Developing and implementing a

13 joint plan between the local educational

14 agency and the school that addresses specific

15 elements of student performance problems

16 and that specifies the responsibilities of the

17 local educational agency and the school

18 under the plan.

19 ‘‘(iv) Reconstituting the school staff.

20 ‘‘(v) Decreasing decisionmaking au21 thority at the school level.

22 ‘‘(C) Consistent with State and local law,

23 in the case of a school described in subparagraph

24 (A), the local educational agency may take the

25 following corrective actions:
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1 ‘‘(i) Deferring, reducing, or with2 holding funds.

3 ‘‘(ii) Restructuring or abolishing the

4 school.

5 ‘‘(D) A local educational agency may delay,

6 for a period not to exceed 1 year, implementa7 tion of corrective action if—

8 ‘‘(i) the local educational agency as9 sesses the school’s performance and deter10 mines that the school is meeting the specific

11 State-determined yearly progress require12 ments in subjects and grades included in

13 the State assessments; and

14 ‘‘(ii) the school will meet the State’s

15 criteria for adequate yearly progress within

16 1 year;

17 ‘‘(E) The local educational agency shall

18 publish, and disseminate to the public and to

19 parents, in a format and, to the extent prac20 ticable, in a language that the parents can un21 derstand, any corrective action the local edu22 cational agency takes under this paragraph,

23 through such means as the Internet, the media,

24 and public agencies.

25 ‘‘(6) PUBLIC SCHOOL CHOICE.—
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1 ‘‘(A) SCHOOLS IDENTIFIED FOR IMPROVE2 MENT.—

3 ‘‘(i) SCHOOLS IDENTIFIED ON OR BE4 FORE ENACTMENT.—Not later than 6

5 months after the date of the enactment of

6 the Educational Opportunities Act, a local

7 educational agency shall provide all stu8 dents enrolled in a school identified (on or

9 before such date of enactment) under para10 graphs (1) and (5) with an option to trans11 fer to any other public school within the

12 local educational agency or any public

13 school consistent with subparagraph (B),

14 including a public charter school that has

15 not been identified for school improvement,

16 unless such option to transfer is

17 prohibited—

18 ‘‘(I) under the provisions of a

19 State or local law; or

20 ‘‘(II) by a local educational agen21 cy policy that is approved by a local

22 school board.

23 ‘‘(ii) SCHOOLS IDENTIFIED AFTER EN24 ACTMENT.—Not later than 6 months after

25 the date on which a local educational agen-
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1 cy identifies a school under paragraphs (1)

2 and (5), the agency shall provide all stu3 dents enrolled in such school with an option

4 described in clause (i).

5 ‘‘(B) COOPERATIVE AGREEMENTS.—If all

6 public schools in the local educational agency to

7 which a child may transfer are identified under

8 paragraphs (1) and (5), then the agency, to the

9 extent practicable, shall establish a cooperative

10 agreement with other local educational agencies

11 in the area for the transfer, unless the transfer

12 is prohibited under—

13 ‘‘(i) the provisions of a State or local

14 law; or

15 ‘‘(ii) a local educational agency policy

16 that is approved by a local school board.

17 ‘‘(C) TRANSPORTATION.—

18 ‘‘(i) IN GENERAL.—The local edu19 cational agency in which the schools have

20 been identified under paragraph (1) may

21 use funds under this part to provide trans22 portation to students whose parents choose

23 to transfer their child or children to a dif24 ferent school.
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1 ‘‘(ii) CORRECTIVE ACTION.—If a school

2 has been identified under paragraph (5), the

3 local educational agency shall provide such

4 students transportation (or the costs of

5 transportation) to schools not identified

6 under paragraph (1) or (5).

7 ‘‘(iii) MAXIMUM AMOUNT.—Notwith8 standing any other provision of this para9 graph, the amount of assistance provided

10 under this part for a student who elects a

11 transfer under this paragraph shall not ex12 ceed the per pupil expenditures for elemen13 tary school or secondary school students as

14 provided by the local educational agency

15 that serves the school involved in the trans16 fer.

17 ‘‘(D) CONTINUE OPTION.—Once a school is

18 no longer identified for school improvement, the

19 local educational agency shall continue to pro20 vide public school choice as an option to students

21 in such school for a period of not less than 2

22 years.

23 ‘‘(7) STATE EDUCATIONAL AGENCY RESPONSIBIL24 ITIES.—If a State educational agency determines that

25 a local educational agency failed to carry out the
59

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1 local educational agency’s responsibilities under this

2 section, the State educational agency shall take into

3 account such action as the State educational agency

4 finds necessary, consistent with this section, to im5 prove the affected schools and to ensure that the local

6 educational agency carries out the local educational

7 agency’s responsibilities under this section.

8 ‘‘(8) SPECIAL RULE.—Schools that, for at least 2

9 of the 3 years following identification under para10 graph (1), make adequate progress toward meeting the

11 State’s proficient and advanced levels of performance

12 shall no longer need to be identified for school im13 provement.

14 ‘‘(9) WAIVERS.—The State educational agency

15 shall review any waivers approved for a school des16 ignated for improvement or corrective action prior to

17 the date of enactment of the Educational Opportuni18 ties Act and shall terminate any waiver approved by

19 the State under the Educational Flexibility Partner20 ship Act of 1999 if the State determines, after notice

21 and an opportunity for a hearing, that the waiver is

22 not helping such school to make yearly progress to

23 meet the objectives and specific goals described in the

24 school’s improvement plan.’’; and

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

2 follows:

3 ‘‘(1) IN GENERAL.—(A) A State educational

4 agency shall annually review the progress of each

5 local educational agency receiving funds under this

6 part to determine whether schools receiving assistance

7 under this part are making adequate progress as de8 fined in section 1111(b)(2)(A)(ii) toward meeting the

9 State’s student performance standards.

10 ‘‘(B) STATE REPORTS.—Following the annual

11 review specified in subparagraph (A), each State edu12 cational agency that receives funds under this part

13 shall prepare and disseminate an annual performance

14 report regarding each local educational agency that

15 receives funds under this part.

16 ‘‘(C) CONTENTS.—The State, at a minimum,

17 shall include in the report information on each local

18 educational agency regarding—

19 ‘‘(i) local educational agency performance

20 in making adequate yearly progress, including

21 the number and percentage of schools that did

22 and did not make adequate yearly progress;

23 ‘‘(ii) the progress of the local educational

24 agency in enabling all students served under this

25 part to meet the State’s proficient and advanced
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1 levels of performance, including the progress of

2 economically disadvantaged students and limited

3 English proficient students, except that this

4 clause shall not apply to a State if the State

5 demonstrates that the State has an insufficient

6 number of economically disadvantaged or limited

7 English proficient students; and

8 ‘‘(iii) any other information the State deter9 mines appropriate (such as information on

10 teacher quality, school safety, and drop-out

11 rates).

12 ‘‘(D) PARENT AND PUBLIC DISSEMINATION.—The

13 State shall publicize and disseminate to local edu14 cational agencies, teachers and other staff, parents,

15 students, and the community, the report. Such report

16 shall be concise and presented in a format and man17 ner that parents can understand. The State may issue

18 local educational agency performance reports directly

19 to the local educational agencies, teachers and other

20 staff, parents, students, and the community or the

21 State may publicize and disseminate the report

22 through a widely read or distributed medium, such as

23 posting on the Internet or distribution to the media.’’.

24 (B) by amending paragraph (4) to read as

25 follows:
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1 ‘‘(4) LOCAL EDUCATIONAL AGENCY REVISIONS.—

2 (A) Each local educational agency identified under

3 paragraph (3) shall, not later than 3 months after

4 being so identified, revise a local educational agency

5 plan as described under section 1112. The plan

6 shall—

7 ‘‘(i) include specific State-determined year8 ly progress requirements in subjects and grades

9 to ensure that all students will meet proficient

10 levels of performance within 10 years;

11 ‘‘(ii) address the fundamental teaching and

12 learning needs in the schools of that agency, and

13 the specific academic problems of low-performing

14 students including a determination of why the

15 local educational agency’s prior plan failed to

16 bring about increased student achievement and

17 performance;

18 ‘‘(iii) incorporate research-based strategies

19 that strengthen the core academic program in the

20 local educational agency;

21 ‘‘(iv) address the professional development

22 needs of the instructional staff by committing to

23 spend not less than 10 percent of the funds re24 ceived by the school under this part during 1 fis25 cal year for professional development, which pro-
63

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1 fessional development shall increase the content

2 knowledge of teachers and build the capacity of

3 the teachers to align classroom instruction with

4 challenging content standards and to bring all

5 students to proficient or advanced levels of per6 formance as determined by the State;

7 ‘‘(v) identify specific goals and objectives

8 the local educational agency will undertake for

9 making adequate yearly progress, which goals

10 and objectives shall be consistent with State

11 standards;

12 ‘‘(vi) identify how the local educational

13 agency will provide written notification to par14 ents in a format, and to the extent practicable,

15 in a language that the parents can understand;

16 ‘‘(vii) specify the responsibilities of the

17 State educational agency and the local edu18 cational agency under the plan; and

19 ‘‘(viii) include strategies to promote effective

20 parental involvement in the school.’’;

21 (C) by amending subparagraph (B) of

22 paragraph (5) to read as follows:

23 ‘‘(B) Technical assistance provided under

24 this section by the State educational agency or

25 an entity authorized by such agency shall be
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1 supported by effective methods and research2 based instructional strategies.’’;

3 (D) in paragraph (6)—

4 (i) by amending subparagraph (B) to

5 read as follows:

6 ‘‘(B)(i) Consistent with State and local law,

7 in order to help students served under this part

8 meet challenging State and local standards, each

9 State educational agency shall implement a cor10 rective action system in accordance with the fol11 lowing:

12 ‘‘(I) After providing technical assist13 ance as described under paragraph (5), the

14 State educational agency—

15 ‘‘(aa) may take corrective action

16 at any time with respect to a local

17 educational agency that has been iden18 tified under paragraph (3);

19 ‘‘(bb) shall take corrective action

20 with respect to any local educational

21 agency that fails to make adequate

22 yearly progress, as defined by the

23 State; and
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1 ‘‘(cc) shall continue to provide

2 technical assistance while imple3 menting any corrective action.

4 ‘‘(II) Consistent with State and local

5 law, in the case of a local educational agen6 cy described under subclause (I), the State

7 educational agency shall not take less than

8 1 of the following corrective actions:

9 ‘‘(aa) Instituting and fully imple10 menting a new curriculum that is

11 based on State and local standards, in12 cluding appropriate research-based

13 professional development for all rel14 evant staff that offers substantial

15 promise of improving educational

16 achievement for low-performing stu17 dents.

18 ‘‘(bb) Restructuring the local edu19 cational agency.

20 ‘‘(cc) Developing and imple21 menting a joint plan between the State

22 educational agency and the local edu23 cational agency that addresses specific

24 elements of student performance prob25 lems and that specifies the responsibil-
66

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1 ities of the State educational agency

2 and the local educational agency under

3 the plan.

4 ‘‘(dd) Reconstituting school dis5 trict personnel.

6 ‘‘(ee) Making alternative govern7 ance arrangements.

8 ‘‘(III) Consistent with State and local

9 law, in the case of a local educational agen10 cy described under subclause (I), the State

11 educational agency may take 1 of the fol12 lowing corrective actions:

13 ‘‘(aa) Deferring, reducing, or

14 withholding funds.

15 ‘‘(bb) Restructuring or abolishing

16 the local educational agency.

17 ‘‘(cc) Removal of particular

18 schools from the jurisdiction of the

19 local educational agency and establish20 ment of alternative arrangements for

21 public governance and supervision of

22 such schools.

23 ‘‘(dd) Appointment by the State

24 educational agency of a receiver or

25 trustee to administer the affairs of the
67

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1 local educational agency in place of the

2 superintendent and school board.

3 ‘‘(ii) Notwithstanding clause (i), corrective

4 actions taken pursuant to this section shall not

5 include the actions described in subclauses (I),

6 (II), and (III) of clause (i) until the State has

7 developed assessments that meet the requirements

8 of paragraph (3)(C) of section 1111(b).’’; and

9 (ii) by striking subparagraph (C) and

10 inserting the following:

11 ‘‘(C) HEARING.—Prior to implementing

12 any corrective action, the State educational

13 agency shall provide notice and a hearing to the

14 affected local educational agency, if State law

15 provides for such notice and hearing. The hear16 ing shall take place not later than 45 days fol17 lowing the decision to implement corrective ac18 tion.

19 ‘‘(D) NOTIFICATION TO PARENTS.—The

20 State educational agency shall publish, and dis21 seminate to parents and the public, any correc22 tive action the State educational agency takes

23 under this paragraph through a widely read or

24 distributed medium.
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1 ‘‘(E) DELAY.—A State educational agency

2 may delay, for a period not to exceed 1 year, im3 plementation of corrective action if—

4 ‘‘(i) the State educational agency de5 termines that the local educational agency

6 is meeting the State-determined yearly

7 progress requirements in subjects and grades

8 included in the State assessments; and

9 ‘‘(ii) the schools within the local edu10 cational agency will meet the State’s cri11 teria for improvement within 1 year.

12 ‘‘(F) WAIVERS.—The State educational

13 agency shall review any waivers approved prior

14 to the date of enactment of the Educational Op15 portunities Act for a local educational agency

16 designated for improvement or corrective action

17 and shall terminate any waiver approved by the

18 State under the Educational Flexibility Partner19 ship Act of 1999 if the State determines, after

20 notice and an opportunity for a hearing, that

21 the waiver is not helping the local educational

22 agency make yearly progress to meet the objec23 tives and specific goals described in the local

24 educational agency’s improvement plan.’’.
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1 SEC. 118. ASSISTANCE FOR SCHOOL SUPPORT AND IM2 PROVEMENT.

3 Section 1117 (20 U.S.C. 6318) is amended—

4 (1) in subsection (a), by adding at the end the

5 following:

6 ‘‘(3) PRIORITIES.—In carrying out this section,

7 a State educational agency shall—

8 ‘‘(A) first, provide support and assistance to

9 local educational agencies subject to corrective

10 action described in section 1116 and assist

11 schools, in accordance with section 1116, for

12 which a local educational agency has failed to

13 carry out its responsibilities under section 1116;

14 ‘‘(B) second, provide support and assistance

15 to other local educational agencies and schools

16 identified as in need of improvement under sec17 tion 1116; and

18 ‘‘(C) third, provide support and assistance

19 to other local educational agencies and schools

20 participating under this part that need support

21 and assistance in order to achieve the purpose of

22 this part.’’;

23 (2) in subsection (b), by striking ‘‘the com24 prehensive regional technical assistance centers under

25 part A of title XIII and’’ and inserting ‘‘comprehen26 sive regional technical assistance centers, and’’; and
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1 (3) in subsection (c)—

2 (A) by amending paragraph (1) to read as

3 follows:

4 ‘‘(1) APPROACHES.—In order to achieve the pur5 pose described in subsection (a), each such system

6 shall provide technical assistance and support

7 through such approaches as—

8 ‘‘(A) school support teams which are com9 posed of individuals who are knowledgeable

10 about research and practice on teaching and

11 learning, particularly about strategies for im12 proving educational results for low-achieving

13 children and persons knowledgeable about effec14 tive parental involvement programs, including

15 parents;

16 ‘‘(B) the designation and use of distin17 guished teachers and principals, chosen from

18 schools served under this part that have been es19 pecially successful in improving academic

20 achievement;

21 ‘‘(C) providing assistance to the local edu22 cational agency or school in the implementation

23 of research-based comprehensive school reform

24 models; and
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1 ‘‘(D) a review process designed to increase

2 the capacity of local educational agencies and

3 schools to develop high-quality school improve4 ment plans.’’;

5 (B) in paragraph (2)—

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

7 ‘‘part which’’ and all that follows through

8 the period and inserting ‘‘part.’’; and

9 (ii) in subparagraph (C)—

10 (I) by striking ‘‘and may’’ and

11 inserting ‘‘(and may’’; and

12 (II) by striking ‘‘exemplary per13 formance’’ and inserting ‘‘exemplary

14 performance)’’; and

15 (C) in paragraph (3)—

16 (i) in the paragraph heading, by strik17 ing ‘‘EDUCATORS’’ and inserting ‘‘TEACH18 ERS AND PRINCIPALS’’;

19 (ii) by amending subparagraph (A) to

20 read as follows:

21 ‘‘(A) The State may also recognize and pro22 vide financial awards to teachers or principals

23 in a school described in paragraph (2) whose

24 students consistently make significant gains in

25 academic achievement.’’;
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1 (iii) in subparagraph (B), by striking

2 ‘‘educators’’ and inserting ‘‘teachers or

3 principals’’; and

4 (iv) by striking subparagraph (C).

5 SEC. 119. PARENTAL INVOLVEMENT.

6 Section 1118 (20 U.S.C. 6319) is amended—

7 (1) in subsection (a)(2)(B), by inserting ‘‘activi8 ties to improve student achievement and student and

9 school performance’’ after ‘‘involvement’’;

10 (2) in subsection (b)(1)—

11 (A) in the first sentence, by inserting ‘‘(in

12 a language parents can understand)’’ after ‘‘dis13 tribute’’; and

14 (B) in the second sentence, insert ‘‘shall be

15 made available to the local community and’’

16 after ‘‘Such policy’’;

17 (3) in subsection (e)—

18 (A) in paragraph (1), by striking ‘‘partici19 pating parents in such areas as understanding

20 the National’’ and inserting ‘‘parents of children

21 served by the school or local educational agency,

22 as appropriate, in understanding America’s’’;

23 (B) in paragraph (14), by striking ‘‘and’’

24 after the semicolon;
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1 (C) by amending paragraph (15) to read as

2 follows:

3 ‘‘(15) may establish a school district wide parent

4 advisory council to advise the school and local edu5 cational agency on all matters related to parental in6 volvement in programs supported under this section;

7 and’’; and

8 (D) by adding at the end the following:

9 ‘‘(16) shall provide such other reasonable support

10 for parental involvement activities under this section

11 as parents may request, which may include emerging

12 technologies.’’;

13 (4) in subsection (f), by striking ‘‘or with’’ and

14 inserting ‘‘, parents of migratory children, or parents

15 with’’; and

16 (5) by amending subsection (g) to read as fol17 lows:

18 ‘‘(g) INFORMATION FROM PARENTAL INFORMATION

19 AND RESOURCE CENTERS.—In a State where a parental

20 information and resource center is established to provide

21 training, information, and support to parents and individ22 uals who work with local parents, local educational agen23 cies, and schools receiving assistance under this part, each

24 school or local educational agency that receives assistance

25 under this part and is located in the State, shall assist par-
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1 ents and parental organizations by informing such parents

2 and organizations of the existence and purpose of such cen3 ters, providing such parents and organizations with a de4 scription of the services and programs provided by such cen5 ters, advising parents on how to use such centers, and help6 ing parents to contact such centers.’’.

7 SEC. 120. PROFESSIONAL DEVELOPMENT.

8 Section 1119 (20 U.S.C. 6320) is amended—

9 (1) in subsection (b)—

10 (A) in paragraph (1), by amending sub11 paragraph (A) to read as follows:

12 ‘‘(A) support professional development ac13 tivities that give teachers, principals, adminis14 trators, paraprofessionals, pupil services per15 sonnel, and parents the knowledge and skills to

16 provide students with the opportunity to meet

17 challenging State or local content standards and

18 student performance standards;’’;

19 (B) by redesignating subparagraphs (B)

20 through (E) as subparagraphs (D) through (G),

21 respectively;

22 (C) by inserting after subparagraph (A) the

23 following:

24 ‘‘(B) advance teacher understanding of ef25 fective instructional strategies, based on research
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1 for improving student achievement, at a min2 imum in reading or language arts and mathe3 matics;

4 ‘‘(C) be of sufficient intensity and duration

5 (not to include 1-day or short-term workshops

6 and conferences) to have a positive and lasting

7 impact on the teacher’s performance in the class8 room, except that this subparagraph shall not

9 apply to an activity if such activity is 1 compo10 nent of a long-term comprehensive professional

11 development plan established by the teacher and

12 the teacher’s supervisor based upon an assess13 ment of the needs of the teacher, the needs of stu14 dents, and the needs of the local educational

15 agency;’’;

16 (D) in subparagraph (E) (as so redesig17 nated), by striking ‘‘title III of the Goals 2000:

18 Educate America Act,’’;

19 (E) in subparagraph (F) (as so redesig20 nated), by striking ‘‘and’’ after the semicolon;

21 (F) in subparagraph (G) (as so redesig22 nated), by striking the period and inserting a

23 semicolon; and

24 (G) by adding at the end the following:
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1 ‘‘(H) to the extent appropriate, provide

2 training for teachers in the use of technology and

3 the applications of technology that are effectively

4 used—

5 ‘‘(i) in the classroom to improve teach6 ing and learning in the curriculum; and

7 ‘‘(ii) in academic content areas in

8 which the teachers provide instruction;

9 ‘‘(I) be regularly evaluated for their impact

10 on increased teacher effectiveness and improved

11 student performance and achievement, with the

12 findings of such evaluations used to improve the

13 quality of professional development; and

14 ‘‘(J) include strategies for identifying and

15 eliminating gender and racial bias in instruc16 tional materials, methods, and practices.’’; and

17 (2) in subsection (g), by striking ‘‘title III of the

18 Goals 2000: Educate America Act,’’ and inserting

19 ‘‘other Acts’’.

20 SEC. 120A. PARTICIPATION OF CHILDREN ENROLLED IN

21 PRIVATE SCHOOLS.

22 (a) AMENDMENTS.—Section 1120 (20 U.S.C. 6321) is

23 amended—

24 (1) in subsection (a)—
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1 (A) in paragraph (1), by inserting ‘‘that

2 address their needs, and shall ensure that teach3 ers and families of such children participate, on

4 an equitable basis, in services and activities

5 under sections 1118 and 1119’’ before the period;

6 (B) in paragraph (3), by inserting ‘‘and

7 shall be provided in a timely manner’’ before the

8 period; and

9 (C) in paragraph (4), insert ‘‘as determined

10 by the local educational agency each year or

11 every 2 years’’ before the period;

12 (2) in subsection (b)—

13 (A) in paragraph (1)—

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

15 ‘‘and where’’ and inserting ‘‘, where, and by

16 whom’’;

17 (ii) by amending subparagraph (D) to

18 read as follows:

19 ‘‘(D) how the services will be assessed and

20 how the results of that assessment will be used to

21 improve those services;’’;

22 (iii) in subparagraph (E), by striking

23 the period and inserting ‘‘; and’’; and

24 (iv) by adding at the end the following:
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1 ‘‘(F) how and when the local educational

2 agency will make decisions about the delivery of

3 services to eligible private school children, in4 cluding a thorough consideration and analysis of

5 the views of private school officials regarding the

6 provision of contract services through potential

7 third party providers, and if the local edu8 cational agency disagrees with the views of the

9 private school officials on such provision of serv10 ices, the local educational agency shall provide

11 in writing to such private school officials an

12 analysis of the reasons why the local educational

13 agency has chosen not to so provide such serv14 ices.’’; and

15 (B) by adding at the end the following:

16 ‘‘(4) CONSULTATION.—Each local educational

17 agency shall provide to the State educational agency,

18 and maintain in the local educational agency’s

19 records, a written affirmation signed by officials of

20 each participating private school that the consultation

21 required by this section has occurred. If a private

22 school declines in writing to have eligible children in

23 the private school participate in services provided

24 under this section, the local educational agency is not

25 required to further consult with the private school of-
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1 ficials or to document the local educational agency’s

2 consultation with the private school officials until the

3 private school officials request in writing such con4 sultation. The local educational agency shall inform

5 the private school each year of the opportunity for eli6 gible children to participate in services provided

7 under this section.

8 ‘‘(5) COMPLIANCE.—A private school official

9 shall have the right to appeal to the State educational

10 agency the decision of a local educational agency as

11 to whether consultation provided for in this section

12 was meaningful and timely, and whether due consid13 eration was given to the views of the private school

14 official. If the private school official wishes to appeal

15 the decision, the basis of the claim of noncompliance

16 with this section by the local educational agencies

17 shall be provided to the State educational agency, and

18 the local educational agency shall forward the appro19 priate documentation to the State educational agen20 cy.’’;

21 (3) by redesignating subsections (c), (d), and (e)

22 as subsections (d), (e), and (f), respectively; and

23 (4) by inserting after subsection (b) the fol24 lowing:
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1 ‘‘(c) ALLOCATION FOR EQUITABLE SERVICE TO PRI2 VATE SCHOOL STUDENTS.—

3 ‘‘(1) CALCULATION.—A local educational agency

4 shall have the final authority, consistent with this sec5 tion, to calculate the number of private school chil6 dren, ages 5 through 17, who are low-income by—

7 ‘‘(A) using the same measure of low-income

8 used to count public school children;

9 ‘‘(B) using the results of a survey that, to

10 the extent possible, protects the identity of fami11 lies of private school students, and allowing such

12 survey results to be extrapolated if complete ac13 tual data are unavailable; or

14 ‘‘(C) applying the low-income percentage of

15 each participating public school attendance area,

16 determined pursuant to this section, to the num17 ber of private school children who reside in that

18 school attendance area.

19 ‘‘(2) COMPLAINT PROCESS.—Any dispute regard20 ing low-income data for private school students shall

21 be subject to the complaint process authorized in sec22 tion 10105.’’;

23 (5) in subsection (e) (as so redesignated),

24 (A) in paragraph (2), by striking ‘‘14505

25 and 14506’’ and inserting ‘‘10105 and 10106’’;
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1 (B) by redesignating paragraphs (1) and

2 (2) (as so amended) as subparagraphs (A) and

3 (B), respectively;

4 (C) by striking ‘‘If a’’ and inserting the fol5 lowing:

6 ‘‘(1) IN GENERAL.—If a’’; and

7 (D) by adding at the end the following:

8 ‘‘(2) DETERMINATION.—In making the deter9 mination under paragraph (1), the Secretary shall

10 consider 1 or more factors, including the quality, size,

11 scope, or location of the program, or the opportunity

12 of eligible children to participate in the program.’’;

13 and

14 (6) by repealing subsection (f) (as so redesig15 nated).

16 (b) EFFECTIVE DATE.—The amendment made by sub17 section (a)(4) shall take effect on September 30, 2003.

18 (c) CONFORMING AMENDMENT.—Section 1120A(a) (20

19 U.S.C. 6322(a)) is amended by striking ‘‘14501 of this Act’’

20 and inserting ‘‘10101’’.

21 SEC. 120B. EARLY CHILDHOOD EDUCATION.

22 Section 1120B (20 U.S.C. 6321) is amended—

23 (1) by amending the section heading to read as

24 follows:
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1 ‘‘SEC. 1120B. COORDINATION REQUIREMENTS; EARLY

2 CHILDHOOD EDUCATION SERVICES.’’;

3 (2) in subsection (c), by striking ‘‘Head Start

4 Act Amendments of 1994’’ and inserting ‘‘Head Start

5 Amendments of 1998’’; and

6 (3) by adding at the end the following:

7 ‘‘(d) EARLY CHILDHOOD SERVICES.—A local edu8 cational agency may use funds received under this part to

9 provide preschool services—

10 ‘‘(1) directly to eligible preschool children in all

11 or part of its school district;

12 ‘‘(2) through any school participating in the

13 local educational agency’s program under this part;

14 or

15 ‘‘(3) through a contract with a local Head Start

16 agency, an eligible entity operating an Even Start

17 program, a State-funded preschool program, or a

18 comparable public early childhood development pro19 gram.

20 ‘‘(e) EARLY CHILDHOOD EDUCATION PROGRAMS.—

21 Early childhood education programs operated with funds

22 provided under this part may be operated and funded joint23 ly with Even Start programs under part B of this title,

24 Head Start programs, or State-funded preschool programs.

25 Early childhood education programs funded under this part

26 shall—
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1 ‘‘(1) focus on the developmental needs of partici2 pating children, including their social, cognitive, and

3 language-development needs, and use research-based

4 approaches that build on competencies that lead to

5 school success, particularly in language and literacy

6 development and in reading;

7 ‘‘(2) teach children to understand and use lan8 guage in order to communicate for various purposes;

9 ‘‘(3) enable children to develop and demonstrate

10 an appreciation of books; and

11 ‘‘(4) in the case of children with limited English

12 proficiency, enable the children to progress toward ac13 quisition of the English language.’’.

14 SEC. 120C. ALLOCATIONS.

15 Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.)

16 is amended to read as follows:

17 ‘‘Subpart 2—Allocations

18 ‘‘SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE

19 SECRETARY OF THE INTERIOR.

20 ‘‘(a) RESERVATION OF FUNDS.—From the amount ap21 propriated for any fiscal year under section 1002(a), the

22 Secretary shall reserve a total of 1 percent to provide assist23 ance to—

24 ‘‘(1) the outlying areas on the basis of their re25 spective need for such assistance according to such
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1 criteria as the Secretary determines will best carry

2 out the purpose of this part; and

3 ‘‘(2) the Secretary of the Interior in the amount

4 necessary to make payments pursuant to subsection

5 (c).

6 ‘‘(b) ASSISTANCE TO THE OUTLYING AREAS.—

7 ‘‘(1) IN GENERAL.—From amounts made avail8 able under subsection (a)(1) in each fiscal year the

9 Secretary shall make grants to local educational agen10 cies in the outlying areas.

11 ‘‘(2) COMPETITIVE GRANTS.—

12 ‘‘(A) IN GENERAL.—For fiscal years 2000

13 and 2001, the Secretary shall reserve $5,000,000

14 from the amounts made available under sub15 section (a)(1) to award grants, on a competitive

16 basis, to local educational agencies in the Freely

17 Associated States. The Secretary shall award

18 such grants according to the recommendations of

19 the Pacific Region Educational Laboratory

20 which shall conduct a competition for such

21 grants.

22 ‘‘(B) USES.—Except as provided in sub23 paragraph (C), grant funds awarded under this

24 paragraph only may be used—
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1 ‘‘(i) for programs described in this Act,

2 including teacher training, curriculum de3 velopment, instructional materials, or gen4 eral school improvement and reform; and

5 ‘‘(ii) to provide direct educational serv6 ices.

7 ‘‘(C) ADMINISTRATIVE COSTS.—The Sec8 retary may provide 5 percent of the amount

9 made available for grants under this paragraph

10 to the Pacific Region Educational Laboratory to

11 pay the administrative costs of the Pacific Re12 gion Educational Laboratory regarding activi13 ties assisted under this paragraph.

14 ‘‘(c) ALLOTMENT TO THE SECRETARY OF THE INTE15 RIOR.—

16 ‘‘(1) IN GENERAL.—The amount reserved for

17 payments to the Secretary of the Interior under sub18 section (a)(2) for any fiscal year shall be, as deter19 mined pursuant to criteria established by the Sec20 retary, the amount necessary to meet the special edu21 cational needs of—

22 ‘‘(A) Indian children on reservations served

23 by elementary schools and secondary schools for

24 Indian children operated or supported by the De25 partment of the Interior; and
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1 ‘‘(B) out-of-State Indian children in ele2 mentary schools and secondary schools in local

3 educational agencies under special contracts with

4 the Department of the Interior.

5 ‘‘(2) PAYMENTS.—From the amount reserved for

6 payments to the Secretary of the Interior under sub7 section (a)(2), the Secretary of the Interior shall make

8 payments to local educational agencies, upon such

9 terms as the Secretary determines will best carry out

10 the purposes of this part, with respect to out-of-State

11 Indian children described in paragraph (1)(B). The

12 amount of such payment may not exceed, for each

13 such child, the greater of—

14 ‘‘(A) 40 percent of the average per-pupil ex15 penditure in the State in which the agency is lo16 cated; or

17 ‘‘(B) 48 percent of such expenditure in the

18 United States.

19 ‘‘SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRA20 TION GRANTS, AND TARGETED GRANTS.

21 ‘‘(a) IN GENERAL.—For each of the fiscal years 2001

22 through 2005—

23 ‘‘(1) the amount appropriated to carry out this

24 part that is less than or equal to the amount appro-
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1 priated to carry out section 1124 for fiscal year 2000,

2 shall be allocated in accordance with section 1124;

3 ‘‘(2) the amount appropriated to carry out this

4 part that is not used under paragraph (1) that equals

5 the amount appropriated to carry out section 1124A

6 for fiscal year 2000, shall be allocated in accordance

7 with section 1124A; and

8 ‘‘(3) any amount appropriated to carry out this

9 part for the fiscal year for which the determination

10 is made that is not used to carry out paragraphs (1)

11 and (2) shall be allocated in accordance with section

12 1125.

13 ‘‘(b) ADJUSTMENTS WHERE NECESSITATED BY AP14 PROPRIATIONS.—

15 ‘‘(1) IN GENERAL.—If the sums made available

16 under this part for any fiscal year are insufficient to

17 pay the full amounts that all local educational agen18 cies in States are eligible to receive under sections

19 1124, 1124A, and 1125 for such year, the Secretary

20 shall ratably reduce the allocations to such local edu21 cational agencies, subject to subsections (c) and (d).

22 ‘‘(2) ADDITIONAL FUNDS.—If additional funds

23 become available for making payments under sections

24 1124, 1124A, and 1125 for such fiscal year, alloca25 tions that were reduced under paragraph (1) shall be
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1 increased on the same basis as the allocations were re2 duced.

3 ‘‘(c) HOLD-HARMLESS AMOUNTS.—

4 ‘‘(1) IN GENERAL.—For each fiscal year the

5 amount made available to each local educational

6 agency under each of sections 1124, 1124A, and 1125

7 shall be not less than—

8 ‘‘(A) 95 percent of the amount made avail9 able to the local educational agency under each

10 such section for the preceding fiscal year if the

11 number of children counted for grants under sec12 tion 1124 is not less than 30 percent of the total

13 number of children aged 5 to 17 years, inclusive,

14 served by the local educational agency;

15 ‘‘(B) 90 percent of the amount made avail16 able to the local educational agency under each

17 such section for the preceding fiscal year if such

18 percentage is not less than 15 percent and not

19 more than 30 percent; and

20 ‘‘(C) 85 percent of the amount made avail21 able to the local educational agency under each

22 such section for the preceding fiscal year if such

23 percentage is less than 15 percent.

24 ‘‘(2) SPECIAL RULES.—If sufficient funds are

25 appropriated, the hold-harmless amounts described in
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1 paragraph (1) shall be paid to all local educational

2 agencies that received grants under section 1124,

3 1124A, or 1125 for the preceding fiscal year, regard4 less of whether the local educational agency meets the

5 minimum eligibility criteria provided in section

6 1124(b), 1124A(a)(1)(A), or 1125(a), respectively, ex7 cept that a local educational agency that does not

8 meet such minimum eligibility criteria for 5 consecu9 tive years shall no longer be eligible to receive a hold10 harmless amount under this subsection.

11 ‘‘(3) COUNTY CALCULATION BASIS.—Any fiscal

12 year for which the Secretary calculates grants on the

13 basis of population data for counties, the Secretary

14 shall apply the hold-homeless percentages in para15 graphs (1) and (2) to counties, and if the Secretary’s

16 allocation for a county is not sufficient to meet the

17 hold-harmless requirements of this subsection for every

18 local educational agency within that county, then the

19 State educational agency shall reallocate funds pro20 portionately from all other local educational agencies

21 in the State that receive funds for the fiscal year in

22 excess of the hold-harmless amounts specified in this

23 paragraph.

24 ‘‘(d) RATABLE REDUCTIONS.—
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1 ‘‘(1) IN GENERAL.—If the sums made available

2 under this part for any fiscal year are insufficient to

3 pay the full amounts that all States are eligible to re4 ceive under subsection (c) for such year, the Secretary

5 shall ratably reduce such amounts for such year.

6 ‘‘(2) ADDITIONAL FUNDS.—If additional funds

7 become available for making payments under sub8 section (c) for such fiscal year, amounts that were re9 duced under paragraph (1) shall be increased on the

10 same basis as such amounts reduced.

11 ‘‘SEC. 1123. DEFINITIONS.

12 ‘‘In this subpart:

13 ‘‘(1) FREELY ASSOCIATED STATES.—The term

14 ‘Freely Associated States’ means the Republic of the

15 Marshall Islands, the Federated States of Micronesia,

16 and the Republic of Palau.

17 ‘‘(2) OUTLYING AREAS.—The term ‘outlying

18 areas’ means the United States Virgin Islands, Guam,

19 American Samoa, and the Commonwealth of the

20 Northern Mariana Islands.

21 ‘‘(3) STATE.—The term ‘State’ means each of the

22 several States of the United States, the District of Co23 lumbia, and the Commonwealth of Puerto Rico.
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1 ‘‘SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGEN2 CIES.

3 ‘‘(a) AMOUNT OF GRANTS.—

4 ‘‘(1) GRANTS FOR LOCAL EDUCATIONAL AGEN5 CIES AND PUERTO RICO.—Except as provided in

6 paragraph (4) and in section 1126, the grant that a

7 local educational agency is eligible to receive under

8 this section for a fiscal year is the amount determined

9 by multiplying—

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

11 subsection (c); and

12 ‘‘(B) 40 percent of the average per-pupil ex13 penditure in the State, except that the amount

14 determined under this subparagraph shall not be

15 less than 32 percent, and not more than 48 per16 cent, of the average per-pupil expenditure in the

17 United States.

18 ‘‘(2) CALCULATION OF GRANTS.—

19 ‘‘(A) ALLOCATIONS TO LOCAL EDUCATIONAL

20 AGENCIES.—The Secretary shall calculate grants

21 under this section on the basis of the number of

22 children counted under subsection (c) for local

23 educational agencies, unless the Secretary and

24 the Secretary of Commerce determine that some

25 or all of those data are unreliable or that their
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1 use would be otherwise inappropriate, in which

2 case—

3 ‘‘(i) the Secretary and the Secretary of

4 Commerce shall publicly disclose the reasons

5 for their determination in detail; and

6 ‘‘(ii) paragraph (3) shall apply.

7 ‘‘(B) ALLOCATIONS TO LARGE AND SMALL

8 LOCAL EDUCATIONAL AGENCIES.—

9 ‘‘(i) LARGE LOCAL EDUCATIONAL

10 AGENCIES.—In the case of an allocation

11 under this section to a large local edu12 cational agency, the amount of the grant

13 under this section for the large local edu14 cational agency shall be the amount deter15 mined under paragraph (1).

16 ‘‘(ii) SMALL LOCAL EDUCATIONAL

17 AGENCIES.—

18 ‘‘(I) IN GENERAL.—In the case of

19 an allocation under this section to a

20 small local educational agency the

21 State educational agency may—

22 ‘‘(aa) distribute grants under

23 this section in amounts deter24 mined by the Secretary under

25 paragraph (1); or
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1 ‘‘(bb) use an alternative

2 method approved by the Secretary

3 to distribute the portion of the

4 State’s total grants under this sec5 tion that is based on those small

6 local educational agencies.

7 ‘‘(II) ALTERNATIVE METHOD.—

8 An alternative method under subclause

9 (I)(bb) shall be based on population

10 data that the State educational agency

11 determines best reflect the current dis12 tribution of children in poor families

13 among the State’s small local edu14 cational agencies that meet the min15 imum number of children to qualify

16 described in subsection (b).

17 ‘‘(III) APPEAL.—If a small local

18 educational agency is dissatisfied with

19 the determination of the amount of its

20 grant by the State educational agency

21 under subclause (I)(bb), the small local

22 educational agency may appeal the de23 termination to the Secretary, who shall

24 respond within 45 days of receiving the

25 appeal.
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1 ‘‘(iii) DEFINITIONS.—In this

2 subparagraph—

3 ‘‘(I) the term ‘large local edu4 cational agency’ means a local edu5 cational agency serving a school dis6 trict with a total population of 20,000

7 or more; and

8 ‘‘(II) the term ‘small local edu9 cational agency’ means a local edu10 cational agency serving a school dis11 trict with a total population of less

12 than 20,000.

13 ‘‘(3) ALLOCATIONS TO COUNTIES.—

14 ‘‘(A) IN GENERAL.—For any fiscal year to

15 which this paragraph applies, the Secretary shall

16 calculate grants under this section on the basis

17 of the number of children counted under section

18 1124(c) for counties, and State educational agen19 cies shall allocate county amounts to local edu20 cational agencies, in accordance with regulations

21 promulgated by the Secretary.

22 ‘‘(B) APPLICATION.—In any State in which

23 a large number of local educational agencies

24 overlap county boundaries, or for which the

25 State believes the State has data that would bet-
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1 ter target funds than allocating the funds by

2 county, the State educational agency may apply

3 to the Secretary for authority to make the alloca4 tions under this part for a particular fiscal year

5 directly to local educational agencies without re6 gard to counties.

7 ‘‘(C) ALLOCATIONS TO LOCAL EDUCATIONAL

8 AGENCIES.—If the Secretary approves its appli9 cation under subparagraph (B), the State edu10 cational agency shall provide the Secretary an

11 assurance that the allocations will be made—

12 ‘‘(i) using precisely the same factors

13 for determining a grant as are used under

14 this section; or

15 ‘‘(ii) using data that the State edu16 cational agency submits to the Secretary for

17 approval that more accurately target pov18 erty.

19 ‘‘(D) APPEAL.—The State educational agen20 cy shall provide the Secretary an assurance that

21 a procedure is or will be established through

22 which local educational agencies that are dissat23 isfied with determinations under subparagraph

24 (B) may appeal directly to the Secretary for a

25 final determination.
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1 ‘‘(4) PUERTO RICO.—For each fiscal year, the

2 Secretary shall determine the percentage which the

3 average per-pupil expenditure in the Commonwealth

4 of Puerto Rico is of the lowest average per-pupil ex5 penditure of any of the 50 States. The grant which

6 the Commonwealth of Puerto Rico shall be eligible to

7 receive under this section for a fiscal year shall be the

8 amount arrived at by multiplying the number of chil9 dren counted under subsection (c) for the Common10 wealth of Puerto Rico by the product of—

11 ‘‘(A) the percentage determined under the

12 preceding sentence; and

13 ‘‘(B) 32 percent of the average per-pupil ex14 penditure in the United States.

15 ‘‘(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—

16 A local educational agency is eligible for a basic grant

17 under this section for any fiscal year only if the number

18 of children counted under subsection (c) for that agency is—

19 ‘‘(1) 10 or more; and

20 ‘‘(2) more than 2 percent of the total school-age

21 population in the school district of the local edu22 cational agency.

23 ‘‘(c) CHILDREN TO BE COUNTED.—
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1 ‘‘(1) CATEGORIES OF CHILDREN.—The number

2 of children to be counted for purposes of this section

3 is the aggregate of—

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

5 inclusive, in the school district of the local edu6 cational agency from families below the poverty

7 level as determined under paragraphs (2) and

8 (3);

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

10 inclusive, in the school district of such agency

11 from families above the poverty level as deter12 mined under paragraph (4); and

13 ‘‘(C) the number of children determined

14 under paragraph (4) for the preceding year as

15 described in that paragraph, or for the second

16 preceding year, as the Secretary finds appro17 priate) aged 5 to 17, inclusive, in the school dis18 trict of such agency in institutions for neglected

19 and delinquent children and youth (other than

20 such institutions operated by the United States),

21 but not counted pursuant to chapter 1 of subpart

22 2 of part C of title III for the purposes of a

23 grant to a State agency, or being supported in

24 foster homes with public funds.
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1 ‘‘(2) DETERMINATION OF NUMBER OF CHIL2 DREN.—For the purposes of this section, the Secretary

3 shall determine the number of children aged 5 to 17,

4 inclusive, from families below the poverty level on the

5 basis of the most recent satisfactory data, described in

6 paragraph (3), available from the Department of

7 Commerce. The District of Columbia and the Com8 monwealth of Puerto Rico shall be treated as indi9 vidual local educational agencies. If a local edu10 cational agency contains 2 or more counties in their

11 entirety, then each county will be treated as if such

12 county were a separate local educational agency for

13 purposes of calculating grants under this part. The

14 total of grants for such counties shall be allocated to

15 such a local educational agency, which local edu16 cational agency shall distribute to schools in each

17 county within such agency a share of the local edu18 cational agency’s total grant that is no less than the

19 county’s share of the population counts used to cal20 culate the local educational agency’s grant.

21 ‘‘(3) POPULATION UPDATES.—In fiscal year

22 2001 and every 2 years thereafter, the Secretary shall

23 use updated data on the number of children, aged 5

24 to 17, inclusive, from families below the poverty level

25 for counties or local educational agencies, published
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1 by the Department of Commerce, unless the Secretary

2 and the Secretary of Commerce determine that use of

3 the updated population data would be inappropriate

4 or unreliable. If the Secretary and the Secretary of

5 Commerce determine that some or all of the data re6 ferred to in this paragraph are inappropriate or un7 reliable, the Secretary and the Secretary of Commerce

8 shall publicly disclose their reasons. In determining

9 the families which are below the poverty level, the Sec10 retary shall utilize the criteria of poverty used by the

11 Bureau of the Census in compiling the most recent de12 cennial census, in such form as those criteria have

13 been updated by increases in the Consumer Price

14 Index for all urban consumers, published by the Bu15 reau of Labor Statistics.

16 ‘‘(4) OTHER CHILDREN TO BE COUNTED.—For

17 purposes of this section, the Secretary shall determine

18 the number of children aged 5 to 17, inclusive, from

19 families above the poverty level on the basis of the

20 number of such children from families receiving an

21 annual income, in excess of the current criteria of

22 poverty, from payments under a State program fund23 ed under part A of title IV of the Social Security Act.

24 In making such determinations the Secretary shall

25 utilize the criteria of poverty used by the Bureau of
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1 the Census in compiling the most recent decennial

2 census for a family of 4 in such form as those criteria

3 have been updated by increases in the Consumer Price

4 Index for all urban consumers, published by the Bu5 reau of Labor Statistics. The Secretary shall deter6 mine the number of children aged 5 through 17 living

7 in institutions for neglected or delinquent children, or

8 being supported in foster homes with public funds, on

9 the basis of the caseload data for the month of October

10 of the preceding fiscal year (using, in the case of chil11 dren described in the preceding sentence, the criteria

12 of poverty and the form of such criteria required by

13 such sentence which were determined for the calendar

14 year preceding such month of October) or, to the ex15 tent that such data are not available to the Secretary

16 before January of the calendar year in which the Sec17 retary’s determination is made, then on the basis of

18 the most recent reliable data available to the Sec19 retary at the time of such determination. The Sec20 retary of Health and Human Services shall collect

21 and transmit the information required by this sub22 paragraph to the Secretary not later than January 1

23 of each year. For the purpose of this section, the Sec24 retary shall consider all children who are in correc-
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1 tional institutions to be living in institutions for de2 linquent children.

3 ‘‘(5) ESTIMATE.—When requested by the Sec4 retary, the Secretary of Commerce shall make a spe5 cial updated estimate of the number of children of

6 such ages who are from families below the poverty

7 level (as determined under paragraph (2)) in each

8 school district, and the Secretary is authorized to pay

9 (either in advance or by way of reimbursement) the

10 Secretary of Commerce the cost of making this special

11 estimate. The Secretary of Commerce shall give con12 sideration to any request of the chief executive of a

13 State for the collection of additional census informa14 tion. For purposes of this section, the Secretary shall

15 consider all children who are in correctional institu16 tions to be living in institutions for delinquent chil17 dren.

18 ‘‘(d) STATE MINIMUM.—Notwithstanding section 1122,

19 the aggregate amount allotted for all local educational agen20 cies within a State may not be less than the lesser of—

21 ‘‘(1) 0.25 percent of the total amount made

22 available to carry out this section for such fiscal year;

23 or

24 ‘‘(2) the average of—
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1 ‘‘(A) 0.25 percent of the total amount made

2 available to carry out this section for such fiscal

3 year; and

4 ‘‘(B) the number of children in such State

5 counted under subsection (c) in the fiscal year

6 multiplied by 150 percent of the national aver7 age per-pupil payment made with funds avail8 able under this section for that fiscal year.

9 ‘‘SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDU10 CATIONAL AGENCIES.

11 ‘‘(a) ELIGIBILITY FOR AND AMOUNT OF GRANTS.—

12 ‘‘(1) ELIGIBILITY.—

13 ‘‘(A) IN GENERAL.—Except as otherwise

14 provided in this paragraph, each local edu15 cational agency in a State that is eligible for a

16 grant under section 1124 for any fiscal year is

17 eligible for an additional grant under this sec18 tion for that fiscal year if the number of children

19 counted under section 1124(c) who are served by

20 the agency exceeds—

21 ‘‘(i) 6,500; or

22 ‘‘(ii) 15 percent of the total number of

23 children aged 5 through 17 served by the

24 agency.
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1 ‘‘(B) MINIMUM.—Notwithstanding section

2 1122, no State shall receive under this section an

3 amount that is less than the lesser of—

4 ‘‘(i) 0.25 percent of the total amount

5 made available to carry out this section for

6 such fiscal year; or

7 ‘‘(ii) the average of—

8 ‘‘(I) 0.25 percent of the sums

9 available to carry out this section for

10 such fiscal year; and

11 ‘‘(II) the greater of—

12 ‘‘(aa) $340,000; or

13 ‘‘(bb) the number of children

14 in such State counted for purposes

15 of this section in that fiscal year

16 multiplied by 150 percent of the

17 national average per-pupil pay18 ment made with funds available

19 under this section for that fiscal

20 year.

21 ‘‘(2) DETERMINATION.—For each county or local

22 educational agency eligible to receive an additional

23 grant under this section for any fiscal year the Sec24 retary shall determine the product of—
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1 ‘‘(A) the number of children counted under

2 section 1124(c) for that fiscal year; and

3 ‘‘(B) the amount in section 1124(a)(1)(B)

4 for all States except the Commonwealth of Puerto

5 Rico, and the amount in section 1124(a)(3) for

6 the Commonwealth of Puerto Rico.

7 ‘‘(3) AMOUNT.—The amount of the additional

8 grant for which an eligible local educational agency

9 or county is eligible under this section for any fiscal

10 year shall be an amount that bears the same ratio to

11 the amount available to carry out this section for that

12 fiscal year as the product determined under para13 graph (2) for such local educational agency for that

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

15 local educational agencies in the United States for

16 that fiscal year.

17 ‘‘(4) LOCAL ALLOCATIONS.—

18 ‘‘(A) IN GENERAL.—Grant amounts under

19 this section shall be calculated in the same man20 ner as grant amounts are calculated under sec21 tion 1124(a) (2) and (3).

22 ‘‘(B) SPECIAL RULE.—For any fiscal year

23 for which the Secretary allocates funds under

24 this section on the basis of counties, a State may

25 reserve not more than 2 percent of the amount
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1 made available to the State under this section for

2 any fiscal year to make grants to local edu3 cational agencies that meet the criteria in para4 graph (1)(A) (i) or (ii) but that are in ineligible

5 counties.

6 ‘‘(b) RATABLE REDUCTION RULE.—If the sums avail7 able under subsection (a) for any fiscal year for making

8 payments under this section are not sufficient to pay in

9 full the total amounts which all States are eligible to receive

10 under subsection (a) for such fiscal year, the maximum

11 amounts that all States are eligible to receive under sub12 section (a) for such fiscal year shall be ratably reduced. In

13 the case that additional funds become available for making

14 such payments for any fiscal year during which the pre15 ceding sentence is applicable, such reduced amounts shall

16 be increased on the same basis as they were reduced.

17 ‘‘(c) STATES RECEIVING 0.25 PERCENT OR LESS.—In

18 States that receive 0.25 percent or less of the total amount

19 made available to carry out this section for a fiscal year,

20 the State educational agency shall allocate such funds

21 among the local educational agencies in the State—

22 ‘‘(1) in accordance with paragraphs (2) and (4)

23 of subsection (a); or

24 ‘‘(2) based on their respective concentrations and

25 numbers of children counted under section 1124(c),
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1 except that only those local educational agencies with

2 concentrations or numbers of children counted under

3 section 1124(c) that exceed the statewide average per4 centage of such children or the statewide average

5 number of such children shall receive any funds on

6 the basis of this paragraph.

7 ‘‘SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL

8 AGENCIES.

9 ‘‘(a) ELIGIBILITY OF LOCAL EDUCATIONAL AGEN10 CIES.—

11 ‘‘(1) IN GENERAL.—A local educational agency

12 in a State is eligible to receive a targeted grant under

13 this section for any fiscal year if—

14 ‘‘(A) the number of children in the local

15 educational agency counted under section

16 1124(c), before application of the weighted child

17 count described in subsection (c), is at least 10;

18 and

19 ‘‘(B) if the number of children counted for

20 grants under section 1124(c), before application

21 of the weighted child count described in sub22 section (c), is at least 5 percent of the total num23 ber of children aged 5 to 17 years, inclusive, in

24 the school district of the local educational agen25 cy.
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1 ‘‘(2) SPECIAL RULE.—For any fiscal year for

2 which the Secretary allocates funds under this section

3 on the basis of counties, funds made available as a re4 sult of applying this subsection shall be reallocated by

5 the State educational agency to other eligible local

6 educational agencies in the State in proportion to the

7 distribution of other funds under this section.

8 ‘‘(b) GRANTS FOR LOCAL EDUCATIONAL AGENCIES,

9 THE DISTRICT OF COLUMBIA, AND THE COMMONWEALTH

10 OF PUERTO RICO.—

11 ‘‘(1) IN GENERAL.—The amount of the grant

12 that a local educational agency in a State (other than

13 the Commonwealth of Puerto Rico) is eligible to re14 ceive under this section for any fiscal year shall be

15 the product of—

16 ‘‘(A) the weighted child count determined

17 under subsection (c); and

18 ‘‘(B) the amount of the grant the local edu19 cational agency is eligible to receive under sec20 tion 1124(a)(1).

21 ‘‘(2) PUERTO RICO.—For each fiscal year, the

22 amount of the grant the Commonwealth of Puerto

23 Rico is eligible to receive under this section shall be

24 equal to the number of children counted under sub25 section (c) for the Commonwealth of Puerto Rico,
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1 multiplied by the amount determined in section

2 1124(a)(4) for the Commonwealth of Puerto Rico.

3 ‘‘(c) WEIGHTED CHILD COUNT.—

4 ‘‘(1) WEIGHTS FOR ALLOCATIONS TO COUN5 TIES.—

6 ‘‘(A) IN GENERAL.—For each fiscal year for

7 which the Secretary uses county population data

8 to calculate grants, the weighted child count used

9 to determine a county’s allocation under this sec10 tion is the larger of the 2 amounts determined

11 under subparagraphs (B) and (C).

12 ‘‘(B) BY PERCENTAGE OF CHILDREN.—The

13 amount referred to in subparagraph (A) is deter14 mined by adding—

15 ‘‘(i) the number of children determined

16 under section 1124(c) for that county who

17 constitute not more than 12.20 percent, in18 clusive, of the county’s total population

19 aged 5 to 17, inclusive, multiplied by 1.0;

20 ‘‘(ii) the number of such children who

21 constitute more than 12.20 percent, but not

22 more than 17.70 percent, of such popu23 lation, multiplied by 1.75;

24 ‘‘(iii) the number of such children who

25 constitute more than 17.70 percent, but not
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1 more than 22.80 percent, of such popu2 lation, multiplied by 2.5;

3 ‘‘(iv) the number of such children who

4 constitute more than 22.80 percent, but not

5 more than 29.70 percent, of such popu6 lation, multiplied by 3.25; and

7 ‘‘(v) the number of such children who

8 constitute more than 29.70 percent of such

9 population, multiplied by 4.0.

10 ‘‘(C) BY NUMBER OF CHILDREN.—The

11 amount referred to in subparagraph (A) is deter12 mined by adding—

13 ‘‘(i) the number of children determined

14 under section 1124(c) who constitute not

15 more than 1,917, inclusive, of the county’s

16 total population aged 5 to 17, inclusive,

17 multiplied by 1.0;

18 ‘‘(ii) the number of such children be19 tween 1,918 and 5,938, inclusive, in such

20 population, multiplied by 1.5;

21 ‘‘(iii) the number of such children be22 tween 5,939 and 20,199, inclusive, in such

23 population, multiplied by 2.0;
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1 ‘‘(iv) the number of such children be2 tween 20,200 and 77,999, inclusive, in such

3 population, multiplied by 2.5; and

4 ‘‘(v) the number of such children in ex5 cess of 77,999 in such population, multi6 plied by 3.0.

7 ‘‘(D) PUERTO RICO.—Notwithstanding sub8 paragraph (A), the weighting factor for the Com9 monwealth of Puerto Rico under this paragraph

10 shall not be greater than the total number of

11 children counted under section 1124(c) multi12 plied by 1.72.

13 ‘‘(2) WEIGHTS FOR ALLOCATIONS TO LOCAL EDU14 CATIONAL AGENCIES.—

15 ‘‘(A) IN GENERAL.—For each fiscal year for

16 which the Secretary uses local educational agen17 cy data, the weighted child count used to deter18 mine a local educational agency’s grant under

19 this section is the larger of the 2 amounts deter20 mined under subparagraphs (B) and (C).

21 ‘‘(B) BY PERCENTAGE OF CHILDREN.—The

22 amount referred to in subparagraph (A) is deter23 mined by adding—

24 ‘‘(i) the number of children determined

25 under section 1124(c) for that local edu-
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1 cational agency who constitute not more

2 than 14.265 percent, inclusive, of the agen3 cy’s total population aged 5 to 17, inclusive,

4 multiplied by 1.0;

5 ‘‘(ii) the number of such children who

6 constitute more than 14.265 percent, but not

7 more than 21.553 percent, of such popu8 lation, multiplied by 1.75;

9 ‘‘(iii) the number of such children who

10 constitute more than 21.553 percent, but not

11 more than 29.223 percent, of such popu12 lation, multiplied by 2.5;

13 ‘‘(iv) the number of such children who

14 constitute more than 29.223 percent, but not

15 more than 36.538 percent, of such popu16 lation, multiplied by 3.25; and

17 ‘‘(v) the number of such children who

18 constitute more than 36.538 percent of such

19 population, multiplied by 4.0.

20 ‘‘(C) BY NUMBER OF CHILDREN.—The

21 amount referred to in subparagraph (A) is deter22 mined by adding—

23 ‘‘(i) the number of children determined

24 under section 1124(c) who constitute not

25 more than 575, inclusive, of the agency’s
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1 total population aged 5 to 17, inclusive,

2 multiplied by 1.0;

3 ‘‘(ii) the number of such children be4 tween 576 and 1,870, inclusive, in such

5 population, multiplied by 1.5;

6 ‘‘(iii) the number of such children be7 tween 1,871 and 6,910, inclusive, in such

8 population, multiplied by 2.0;

9 ‘‘(iv) the number of such children be10 tween 6,911 and 42,000, inclusive, in such

11 population, multiplied by 2.5; and

12 ‘‘(v) the number of such children in ex13 cess of 42,000 in such population, multi14 plied by 3.0.

15 ‘‘(D) PUERTO RICO.—Notwithstanding sub16 paragraph (A), the weighting factor for the Com17 monwealth of Puerto Rico under this paragraph

18 shall not be greater than the total number of

19 children counted under section 1124(c) multi20 plied by 1.72.

21 ‘‘(d) CALCULATION OF GRANT AMOUNTS.—Grant

22 amounts under this section shall be calculated in the same

23 manner as grant amounts are calculated under section

24 1124(a) (2) and (3).
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1 ‘‘(e) STATE MINIMUM.—Notwithstanding any other

2 provision of this section or section 1122, from the total

3 amount available for any fiscal year to carry out this sec4 tion, each State shall be allotted not less than the lesser of—

5 ‘‘(1) 0.25 percent of the total amount made

6 available to carry out this section for such fiscal year;

7 or

8 ‘‘(2) the average of—

9 ‘‘(A) 0.25 percent of the total amount made

10 available to carry out this section for such fiscal

11 year; and

12 ‘‘(B) 150 percent of the national average

13 grant under this section per child described in

14 section 1124(c), without application of a weight15 ed child count, multiplied by the State’s total

16 number of children described in section 1124(c),

17 without application of a weighted child count.

18 ‘‘SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.

19 ‘‘(a) GRANTS.—From funds appropriated under sub20 section (e) the Secretary is authorized to make grants to

21 States, from allotments under subsection (b), to carry out

22 the purposes of this part.

23 ‘‘(b) DISTRIBUTION BASED UPON FISCAL EFFORT AND

24 EQUITY.—

25 ‘‘(1) IN GENERAL.—
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1 ‘‘(A) IN GENERAL.—Except as provided in

2 subparagraph (B), funds appropriated pursuant

3 to subsection (e) shall be allotted to each State

4 based upon the number of children aged 5 to 17,

5 inclusive, in such State multiplied by the prod6 uct of—

7 ‘‘(i) such State’s effort factor described

8 in paragraph (2); multiplied by

9 ‘‘(ii) 1.30 minus such State’s equity

10 factor described in paragraph (3).

11 ‘‘(B) MINIMUM.—For each fiscal year no

12 State shall receive under this section less than

13 0.25 percent of the total amount appropriated

14 under subsection (e) for the fiscal year.

15 ‘‘(2) EFFORT FACTOR.—

16 ‘‘(A) IN GENERAL.—Except as provided in

17 subparagraph (B), the effort factor for a State

18 shall be determined in accordance with the suc19 ceeding sentence, except that such factor shall not

20 be less than 0.95 nor greater than 1.05. The ef21 fort factor determined under this sentence shall

22 be a fraction the numerator of which is the prod23 uct of the 3-year average per-pupil expenditure

24 in the State multiplied by the 3-year average per

25 capita income in the United States and the de-
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1 nominator of which is the product of the 3-year

2 average per capita income in such State multi3 plied by the 3-year average per-pupil expendi4 ture in the United States.

5 ‘‘(B) COMMONWEALTH OF PUERTO RICO.—

6 The effort factor for the Commonwealth of Puerto

7 Rico shall be equal to the lowest effort factor cal8 culated under subparagraph (A) for any State.

9 ‘‘(3) EQUITY FACTOR.—

10 ‘‘(A) DETERMINATION.—

11 ‘‘(i) IN GENERAL.—Except as provided

12 in subparagraph (B), the Secretary shall

13 determine the equity factor under this sec14 tion for each State in accordance with

15 clause (ii).

16 ‘‘(ii) COMPUTATION.—

17 ‘‘(I) IN GENERAL.—For each

18 State, the Secretary shall compute a

19 weighted coefficient of variation for the

20 per-pupil expenditures of local edu21 cational agencies in accordance with

22 subclauses (II), (III), (IV), and (V).

23 ‘‘(II) VARIATION.—In computing

24 coefficients of variation, the Secretary

25 shall weigh the variation between per-
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1 pupil expenditures in each local edu2 cational agency and the average per3 pupil expenditures in the State accord4 ing to the number of pupils served by

5 the local educational agency.

6 ‘‘(III) NUMBER OF PUPILS.—In

7 determining the number of pupils

8 under this paragraph served by each

9 local educational agency and in each

10 State, the Secretary shall multiply the

11 number of children from low-income

12 families by a factor of 1.4.

13 ‘‘(IV) ENROLLMENT REQUIRE14 MENT.—In computing coefficients of

15 variation, the Secretary shall include

16 only those local educational agencies

17 with an enrollment of more than 200

18 students.

19 ‘‘(V) SEPARATE COEFFICIENTS.—

20 The Secretary shall compute separate

21 coefficients of variation for elementary

22 schools, secondary schools, and unified

23 local educational agencies and shall

24 combine such coefficients into a single

25 weighted average coefficient for the
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1 State by multiplying each coefficient

2 by the total enrollments of the local

3 educational agencies in each group,

4 adding such products, and dividing

5 such sum by the total enrollments of

6 the local educational agencies in the

7 State.

8 ‘‘(B) SPECIAL RULE.—The equity factor for

9 a State that meets the disparity standard de10 scribed in section 222.162 of title 34, Code of

11 Federal Regulations (as such section was in ef12 fect on the day preceding the date of enactment

13 of the Educational Opportunities Act) or a State

14 with only 1 local educational agency shall be not

15 greater than 0.10.

16 ‘‘(C) REVISIONS.—The Secretary may revise

17 each State’s equity factor as necessary based on

18 the advice of independent education finance

19 scholars to reflect other need-based costs of local

20 educational agencies in addition to low-income

21 student enrollment, such as differing geographic

22 costs, costs associated with students with disabil23 ities, children with limited English-proficiency

24 or other meaningful educational needs, which de25 serve additional support. In addition, after ob-
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1 taining the advice of independent education fi2 nance scholars, the Secretary may revise each

3 State’s equity factor to incorporate other valid

4 and accepted methods to achieve adequacy of

5 educational opportunity that may not be re6 flected in a coefficient of variation method.

7 ‘‘(c) USE OF FUNDS.—All funds awarded to each State

8 under this section shall be allocated to local educational

9 agencies and schools on a basis consistent with the distribu10 tion of other funds to such agencies and schools under sec11 tions 1124, 1124A, and 1125 to carry out activities under

12 this part.

13 ‘‘(d) MAINTENANCE OF EFFORT.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), a State is entitled to receive its full allot16 ment of funds under this section for any fiscal year

17 if the Secretary finds that either the combined fiscal

18 effort per student or the aggregate expenditures within

19 the State with respect to the provision of free public

20 education for the fiscal year preceding the fiscal year

21 for which the determination is made was not less

22 than 90 percent of such combined fiscal effort or ag23 gregate expenditures for the second fiscal year pre24 ceding the fiscal year for which the determination is

25 made.
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1 ‘‘(2) REDUCTION OF FUNDS.—The Secretary

2 shall reduce the amount of funds awarded to any

3 State under this section in any fiscal year in the

4 exact proportion to which the State fails to meet the

5 requirements of paragraph (1) by falling below 90

6 percent of both the fiscal effort per student and aggre7 gate expenditures (using the measure most favorable

8 to the State), and no such lesser amount shall be used

9 for computing the effort required under paragraph (1)

10 for subsequent years.

11 ‘‘(3) WAIVERS.—The Secretary may waive, for 1

12 fiscal year only, the requirements of this subsection if

13 the Secretary determines that such a waiver would be

14 equitable due to exceptional or uncontrollable cir15 cumstances such as a natural disaster or a precipi16 tous and unforeseen decline in the financial resources

17 of the State.

18 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

19 authorized to be appropriated to carry out this section

20 $200,000,000 for fiscal year 2001 and such sums as may

21 be necessary for each of the 4 succeeding fiscal years.

22 ‘‘SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

23 ‘‘(a) ALLOCATIONS FOR NEGLECTED CHILDREN.—

24 ‘‘(1) IN GENERAL.—If a State educational agen25 cy determines that a local educational agency in the
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1 State is unable or unwilling to provide for the special

2 educational needs of children who are living in insti3 tutions for neglected or delinquent children as de4 scribed in section 1124(c)(1)(C), the State educational

5 agency shall, if such agency assumes responsibility for

6 the special educational needs of such children, receive

7 the portion of such local educational agency’s alloca8 tion under sections 1124, 1124A, and 1125 that is at9 tributable to such children.

10 ‘‘(2) SPECIAL RULE.—If the State educational

11 agency does not assume such responsibility, any other

12 State or local public agency that does assume such re13 sponsibility shall receive that portion of the local edu14 cational agency’s allocation.

15 ‘‘(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL

16 AGENCIES.—The State educational agency may allocate the

17 amounts of grants under sections 1124, 1124A, and 1125

18 among the affected local educational agencies—

19 ‘‘(1) if 2 or more local educational agencies

20 serve, in whole or in part, the same geographical

21 area;

22 ‘‘(2) if a local educational agency provides free

23 public education for children who reside in the school

24 district of another local educational agency; or
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1 ‘‘(3) to reflect the merger, creation, or change of

2 boundaries of 1 or more local educational agencies.

3 ‘‘(c) REALLOCATION.—If a State educational agency

4 determines that the amount of a grant a local educational

5 agency would receive under sections 1124, 1124A, and 1125

6 is more than such local educational agency will use, the

7 State educational agency shall make the excess amount

8 available to other local educational agencies in the State

9 that need additional funds in accordance with criteria es10 tablished by the State educational agency.

11 ‘‘SEC. 1127. CARRYOVER AND WAIVER.

12 ‘‘(a) LIMITATION ON CARRYOVER.—Notwithstanding

13 section 421 of the General Education Provisions Act or any

14 other provision of law, not more than 15 percent of the

15 funds allocated to a local educational agency for any fiscal

16 year under this subpart (but not including funds received

17 through any reallocation under this subpart) may remain

18 available for obligation by such agency for one additional

19 fiscal year.

20 ‘‘(b) WAIVER.—A State educational agency may, once

21 every 3 years, waive the percentage limitation in subsection

22 (a) if—

23 ‘‘(1) the agency determines that the request of a

24 local educational agency is reasonable and necessary;

25 or
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1 ‘‘(2) supplemental appropriations for this sub2 part become available.

3 ‘‘(c) EXCLUSION.—The percentage limitation under

4 subsection (a) shall not apply to any local educational

5 agency that receives less than $50,000 under this subpart

6 for any fiscal year.’’.

7 SEC. 120D. ESTABLISHMENT OF THE CHILD CENTERED PRO8 GRAM.

9 Part A of title I (20 U.S.C. 6311 et seq.) is amended

10 by adding at the end the following:

11 ‘‘Subpart 3—Child Centered Program

12 ‘‘SEC. 1131. DEFINITIONS.

13 ‘‘In this subpart:

14 ‘‘(1) ELIGIBLE CHILD.—The term ‘eligible child’

15 means a child who—

16 ‘‘(A) is eligible to be counted under section

17 1124(c); or

18 ‘‘(B)(i) the State or participating local edu19 cational agency elects to serve under this sub20 part; and

21 ‘‘(ii) is a child eligible to be served under

22 this part pursuant to section 1115(b).

23 ‘‘(2) PARTICIPATING LOCAL EDUCATIONAL AGEN24 CY.—The term ‘participating local educational agen25 cy’ means a local educational agency that elects under
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1 section 1133(b) to carry out a child centered program

2 under this subpart.

3 ‘‘(3) SCHOOL.—The term ‘school’ means an in4 stitutional day or residential school that provides ele5 mentary or secondary education, as determined under

6 State law, except that such term does not include any

7 school that provides education beyond grade 12.

8 ‘‘(4) SUPPLEMENTAL EDUCATION SERVICES.—

9 The term ‘supplemental education services’ means

10 educational services intended—

11 ‘‘(A) to meet the individual educational

12 needs of eligible children; and

13 ‘‘(B) to enable eligible children to meet chal14 lenging State curriculum, content, and student

15 performance standards.

16 ‘‘(5) TUTORIAL ASSISTANCE PROVIDERS.—The

17 term ‘tutorial assistance provider’ means a public or

18 private entity that—

19 ‘‘(A) has a record of effectiveness in pro20 viding tutorial assistance to school children; or

21 ‘‘(B) uses instructional practices based on

22 scientific research.

23 ‘‘SEC. 1132. CHILD CENTERED PROGRAM FUNDING.

24 ‘‘(a) FUNDING.—Notwithstanding any other provision

25 of law, not more than 10 States and not more than 20 par-
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1 ticipating local educational agencies may use the funds

2 made available under subparts 1 and 2, and shall use the

3 funds made available under subsection (c), to carry out a

4 child centered program under this subpart.

5 ‘‘(b) PARTICIPATING LOCAL EDUCATIONAL AGENCY

6 ELECTION.—

7 ‘‘(1) IN GENERAL.—If a State does not carry out

8 a child centered program under this subpart or does

9 not have an application approved under section 1134

10 for a fiscal year, a local educational agency in the

11 State may elect to carry out a child centered program

12 under this subpart, and the Secretary shall provide

13 the funds that the local educational agency (with an

14 application approved under section 1134) is eligible

15 to receive under subparts 1 and 2, and subsection (c),

16 directly to the local educational agency to enable the

17 local educational agency to carry out the child cen18 tered program.

19 ‘‘(2) SUBMISSION APPROVAL.—In order to be eli20 gible to carry out a child centered program under this

21 subpart a participating local educational agency shall

22 obtain from the State approval of the submission, but

23 not the contents, of the application submitted under

24 section 1134.

25 ‘‘(c) INCENTIVE GRANTS.—
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1 ‘‘(1) IN GENERAL.—From amounts appropriated

2 under paragraph (3) for a fiscal year the Secretary

3 shall award grants to each State, or participating

4 local educational agency described in subsection (b),

5 that elects to carry out a child centered program

6 under this subpart and has an application approved

7 under section 1134, to enable the State or partici8 pating local educational agency to carry out the child

9 centered program.

10 ‘‘(2) AMOUNT.—Each State or participating

11 local educational agency that elects to carry out a

12 child centered program under this subpart and has an

13 application approved under section 1134 for a fiscal

14 year shall receive a grant in an amount that bears

15 the same relation to the amount appropriated under

16 paragraph (3) for the fiscal year as the amount the

17 State or participating local educational agency re18 ceived under subparts 1 and 2 for the fiscal year

19 bears to the amount all States and participating local

20 educational agencies carrying out a child centered

21 program under this subpart received under subparts

22 1 and 2 for the fiscal year.

23 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

24 There are authorized to be appropriated $500,000,000
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1 to carry out this subsection for fiscal year 2000 and

2 each of the 4 succeeding fiscal years.

3 ‘‘SEC. 1133. CHILD CENTERED PROGRAM REQUIREMENTS.

4 ‘‘(a) USES.—Each State or participating local edu5 cational agency with an application approved under sec6 tion 1134 shall use funds made available under subparts

7 1 and 2, and subsection (c), to carry out a child centered

8 program under which—

9 ‘‘(1) the State or participating local educational

10 agency establishes a per pupil amount based on the

11 number of eligible children in the State or the school

12 district served by the participating local educational

13 agency; and

14 ‘‘(2) the State or participating local educational

15 agency may vary the per pupil amount to take into

16 account factors that may include—

17 ‘‘(A) variations in the cost of providing

18 supplemental education services in different

19 parts of the State or the school district served by

20 the participating local educational agency;

21 ‘‘(B) the cost of providing services to pupils

22 with different educational needs; or

23 ‘‘(C) the desirability of placing priority on

24 selected grades; and
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1 ‘‘(3) in the case of a child centered program for

2 eligible children at a public school, the State or the

3 participating local educational agency makes avail4 able, not later than 3 months after the beginning of

5 the school year, the per pupil amount determined

6 under paragraphs (1) and (2) to the public school in

7 which an eligible child is enrolled, which per pupil

8 amount shall be used for supplemental education serv9 ices for the eligible child that are—

10 ‘‘(A) subject to subparagraph (B), provided

11 by the school directly or through the provision of

12 supplemental education services with any gov13 ernmental or nongovernmental agency, school,

14 postsecondary educational institution, or other

15 entity, including a private organization or busi16 ness; or

17 ‘‘(B) if directed by the parent of an eligible

18 child, provided by the school or local educational

19 agency through a school-based program or

20 through the provision of supplemental education

21 services with a tutorial service provider, and in

22 the case that a parent directs that the services be

23 provided through a tutorial assistance provider,

24 the school or local educational agency shall en25 sure that the provider selected by the parent is
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1 reimbursed (not to exceed the per pupil amount)

2 for their tutorial services following notification

3 to the school or local educational agency by the

4 parent that those services were provided in a sat5 isfactory manner.

6 ‘‘(b) SCHOOLWIDE PROGRAMS.—

7 ‘‘(1) IN GENERAL.—In the case of a public school

8 in which 50 percent of the students enrolled in the

9 school are eligible children, the public school may use

10 funds provided under this subpart, in combination

11 with other Federal, State, and local funds, to carry

12 out a schoolwide program to upgrade the entire edu13 cational program in the school.

14 ‘‘(2) PLAN.—If the public school elects to use

15 funds provided under this part in accordance with

16 paragraph (1), and does not have a plan approved by

17 the Secretary under section 1114(b)(2), the public

18 school shall develop and adopt a comprehensive plan

19 for reforming the entire educational program of the

20 public school that—

21 ‘‘(A) incorporates—

22 ‘‘(i) strategies for improving achieve23 ment for all children to meet the State’s

24 proficient and advanced levels of perform25 ance described in section 1111(b);
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1 ‘‘(ii) instruction by highly qualified

2 staff;

3 ‘‘(iii) professional development for

4 teachers and aides in content areas in

5 which the teachers or aides provide instruc6 tion and, where appropriate, professional

7 development for pupil services personnel,

8 parents, and principals, and other staff to

9 enable all children in the school to meet the

10 State’s student performance standards; and

11 ‘‘(iv) activities to ensure that eligible

12 children who experience difficulty mastering

13 any of the standards described in section

14 1111(b) during the course of the school year

15 shall be provided with effective, timely addi16 tional assistance;

17 ‘‘(B) describes the school’s use of funds pro18 vided under this subpart and from other sources

19 to implement the activities described in subpara20 graph (A);

21 ‘‘(C) includes a list of State and local edu22 cational agency programs and other Federal pro23 grams that will be included in the schoolwide

24 program;
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1 ‘‘(D) describes how the school will provide

2 individual student assessment results, including

3 an interpretation of those results, to the parents

4 of an eligible child who participates in the as5 sessment; and

6 ‘‘(E) describes how and where the school

7 will obtain technical assistance services and a

8 description of such services.

9 ‘‘(3) SPECIAL RULE.—In the case of a public

10 school operating a schoolwide program under this

11 subsection, the Secretary may, through publication of

12 a notice in the Federal Register, exempt child cen13 tered programs under this section from statutory or

14 regulatory requirements of any other noncompetitive

15 formula grant program administered by the Sec16 retary, or any discretionary grant program adminis17 tered by the Secretary (other than formula or discre18 tionary grant programs under the Individuals with

19 Disabilities Education Act), to support the schoolwide

20 program, if the intent and purposes of such other

21 noncompetitive or discretionary programs are met.

22 ‘‘(c) PRIVATE SCHOOL CHILDREN.—A State or par23 ticipating local educational agency carrying out a child

24 centered program under this subpart shall ensure that eligi25 ble children who are enrolled in a private school receive sup-
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1 plemental education services in the same manner as such

2 services are provided under section 1120.

3 ‘‘(d) OPEN ENROLLMENT.—

4 ‘‘(1) IN GENERAL.—In order to be eligible to

5 carry out a child centered program under this sub6 part a State or participating local educational agen7 cy shall operate a statewide or school district wide,

8 respectively, open enrollment program that permits

9 parents to enroll their child in any public school in

10 the State or school district, respectively, if space is

11 available in the public school and the child meets the

12 qualifications for attendance at the public school.

13 ‘‘(2) WAIVER.—The Secretary may waive para14 graph (1) for a State or participating local edu15 cational agency if the State or agency, respectively,

16 demonstrates that parents served by the State or

17 agency, respectively—

18 ‘‘(A) have sufficient options to enroll their

19 child in multiple public schools; or

20 ‘‘(B) will have sufficient options to use the

21 per pupil amount made available under this sub22 part to purchase supplemental education services

23 from multiple tutorial assistance providers or

24 schools.

25 ‘‘(e) PARENT INVOLVEMENT.—
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1 ‘‘(1) IN GENERAL.—Any public school receiving

2 funds under this subpart shall convene an annual

3 meeting at a convenient time. All parents of eligible

4 children shall be invited and encouraged to attend the

5 meeting, in order to explain to the parents the activi6 ties assisted under this subpart and the requirements

7 of this subpart. At the meeting, the public school shall

8 explain to parents how the school will use funds pro9 vided under this subpart to enable eligible children

10 enrolled at the school to meet challenging State cur11 riculum, content, and student performance standards.

12 In addition, the public school shall inform parents of

13 their right to choose to have supplemental education

14 services provided under this subpart to an eligible

15 child through a school-based program or a tutorial as16 sistance provider.

17 ‘‘(2) INFORMATION.—Any public school receiving

18 funds under this subpart shall provide to parents a

19 description and explanation of the curriculum in use

20 at the school, the forms of assessment used to measure

21 student progress, and the proficiency levels students

22 are expected to meet.

23 ‘‘SEC. 1134. APPLICATION.

24 ‘‘(a) IN GENERAL.—Each State or participating local

25 educational agency desiring to carry out a child centered
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1 program under this subpart shall submit an application to

2 the Secretary at such time, in such manner, and accom3 panied by such information as the Secretary may require.

4 Each such application shall contain—

5 ‘‘(1) a detailed description of the program to be

6 assisted, including an assurance that—

7 ‘‘(A) the per pupil amount established

8 under section 1133(a) will follow each eligible

9 child described in that section to the school or tu10 torial assistance provider of the parent’s choice;

11 ‘‘(B) funds made available under this sub12 part will be spent in accordance with the re13 quirements of this subpart; and

14 ‘‘(C) parents have the option to select to

15 have their child receive the supplemental edu16 cation services from multiple tutorial assistance

17 providers and schools;

18 ‘‘(2) an assurance that the State or participating

19 local educational agency will publish in a widely

20 read or distributed medium an annual report card

21 that contains—

22 ‘‘(A) information regarding the academic

23 progress of all students served by the State or

24 participating local educational agency in meet25 ing State standards, including students assisted
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1 under this subpart, with results disaggregated by

2 race, family income, and limited English pro3 ficiency, if such disaggregation can be performed

4 in a statistically sound manner; and

5 ‘‘(B) such other information as the State or

6 participating local educational agency may re7 quire;

8 ‘‘(3) a description of how the State or partici9 pating local educational agency will make available,

10 to parents of children participating in the child cen11 tered program, annual school report cards, with re12 sults disaggregated by race, family income, and lim13 ited English proficiency, for schools in the State or in

14 the school district of the participating local edu15 cational agency;

16 ‘‘(4) in the case of an application from a par17 ticipating local educational agency, an assurance that

18 the participating local educational agency has noti19 fied the State regarding the submission of the appli20 cation;

21 ‘‘(5) a description of specific measurable objec22 tives for improving the student performance of stu23 dents served under this subpart;
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1 ‘‘(6) a description of the process by which the

2 State or participating local educational agency will

3 measure progress in meeting the objectives;

4 ‘‘(7)(A) in the case of an application from a

5 State, an assurance that the State meets the require6 ments of subsections (a), (b) and (f) of section 1111

7 as applied to activities assisted under this subpart;

8 and

9 ‘‘(B) in the case of an application from a par10 ticipating local educational agency, an assurance that

11 the State’s application under section 1111 met the re12 quirements of subsections (a), (b) and (f) of such sec13 tion; and

14 ‘‘(8) an assurance that each local educational

15 agency serving a school that receives funds under this

16 subpart will meet the requirements of subsections (a)

17 and (c) of section 1116 as applied to activities as18 sisted under this subpart.

19 ‘‘SEC. 1135. ADMINISTRATIVE PROVISIONS.

20 ‘‘(a) PROGRAM DURATION.—A State or participating

21 local educational agency shall carry out a child centered

22 program under this subpart for a period of 5 years.

23 ‘‘(b) ADMINISTRATIVE COSTS.—A State may reserve 2

24 percent of the funds made available to the State under this

25 subpart, and a participating local educational agency may
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1 reserve 5 percent of the funds made available to the partici2 pating local educational agency under this subpart, to pay

3 the costs of administrative expenses of the child centered

4 program. The costs may include costs of providing technical

5 assistance to schools receiving funds under this subpart, in

6 order to increase the opportunity for all students in the

7 schools to meet the State’s content standards and student

8 performance standards. The technical assistance may be

9 provided directly by the State educational agency, local

10 educational agency, or, with a local educational agency’s

11 approval, by an institution of higher education, by a pri12 vate nonprofit organization, by an educational service

13 agency, by a comprehensive regional assistance center, or

14 by another entity with experience in helping schools im15 prove student achievement.

16 ‘‘(c) REPORTS.—

17 ‘‘(1) ANNUAL REPORTS.—

18 ‘‘(A) IN GENERAL.—The State educational

19 agency serving each State, and each partici20 pating local educational agency, carrying out a

21 child centered program under this subpart shall

22 submit to the Secretary an annual report, that

23 is consistent with data provided under section

24 1134(a)(2)(A), regarding the performance of eli-
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1 gible children receiving supplemental education

2 services under this subpart.

3 ‘‘(B) DATA.—Not later than 2 years after

4 establishing a child centered program under this

5 subpart and each year thereafter, each State or

6 participating local educational agency shall in7 clude in the annual report data on student

8 achievement for eligible children served under

9 this subpart with results disaggregated by race,

10 family income, and limited English proficiency,

11 demonstrating the degree to which measurable

12 progress has been made toward meeting the objec13 tives described in section 1134(a)(5).

14 ‘‘(C) DATA ASSURANCES.—Each annual re15 port shall include—

16 ‘‘(i) an assurance from the managers of

17 the child centered program that data used

18 to measure student achievement under sub19 paragraph (B) is reliable, complete, and ac20 curate, as determined by the State or par21 ticipating local educational agency; or

22 ‘‘(ii) a description of a plan for im23 proving the reliability, completeness, and

24 accuracy of such data as determined by the
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1 State or participating local educational

2 agency.

3 ‘‘(2) SECRETARY’S REPORT.—The Secretary shall

4 make each annual report available to Congress, the

5 public, and the Comptroller General of the United

6 States (for purposes of the evaluation described in sec7 tion 1136).

8 ‘‘(d) TERMINATION.—Three years after the date a

9 State or participating local educational agency establishes

10 a child centered program under this subpart the Secretary

11 shall review the performance of the State or participating

12 local educational agency in meeting the objectives described

13 in section 1134(a)(5). The Secretary, after providing notice

14 and an opportunity for a hearing, may terminate the au15 thority of the State or participating local educational agen16 cy to operate a child centered program under this subpart

17 if the State or participating local educational agency sub18 mitted data that indicated the State or participating local

19 educational agency has not made any progress in meeting

20 the objectives.

21 ‘‘(e) TREATMENT OF AMOUNTS RECEIVED.—The per

22 pupil amount provided under this subpart for an eligible

23 child shall not be treated as income of the eligible child or

24 the parent of the eligible child for purposes of Federal tax
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1 laws, or for determining the eligibility for or amount of

2 any other Federal assistance.

3 ‘‘SEC. 1136. EVALUATION.

4 ‘‘(a) ANNUAL EVALUATION.—

5 ‘‘(1) CONTRACT.—The Comptroller General of the

6 United States shall enter into a contract, with an

7 evaluating entity that has demonstrated experience in

8 conducting evaluations, for the conduct of an ongoing

9 rigorous evaluation of child centered programs under

10 this subpart.

11 ‘‘(2) ANNUAL EVALUATION REQUIREMENT.—The

12 contract described in paragraph (1) shall require the

13 evaluating entity entering into such contract to annu14 ally evaluate each child centered program under this

15 subpart in accordance with the evaluation criteria de16 scribed in subsection (b).

17 ‘‘(3) TRANSMISSION.—The contract described in

18 paragraph (1) shall require the evaluating entity en19 tering into such contract to transmit to the Comp20 troller General of the United States the findings of

21 each annual evaluation under paragraph (2).

22 ‘‘(b) EVALUATION CRITERIA.—The Comptroller Gen23 eral of the United States, in consultation with the Sec24 retary, shall establish minimum criteria for evaluating the
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1 child centered programs under this subpart. Such criteria

2 shall provide for a description of—

3 ‘‘(1) the implementation of each child centered

4 program under this subpart;

5 ‘‘(2) the effects of the programs on the level of pa6 rental participation and satisfaction with the pro7 grams; and

8 ‘‘(3) the effects of the programs on the edu9 cational achievement of eligible children participating

10 in the programs.

11 ‘‘SEC. 1137. REPORTS.

12 ‘‘(a) REPORTS BY COMPTROLLER GENERAL.—

13 ‘‘(1) INTERIM REPORTS.—Three years after the

14 date of enactment of this subpart the Comptroller

15 General of the United States shall submit an interim

16 report to Congress on the findings of the annual eval17 uations under section 1136(a)(2) for each child cen18 tered program assisted under this subpart. The report

19 shall contain a copy of the annual evaluation under

20 section 1136(a)(2) of each child centered program

21 under this subpart.

22 ‘‘(2) FINAL REPORT.—The Comptroller General

23 shall submit a final report to Congress, not later than

24 March 1, 2006, that summarizes the findings of the

25 annual evaluations under section 1136(a)(2).’’.
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1 ‘‘SEC. 1138. LIMITATION ON CONDITIONS; PREEMPTION.

2 ‘‘Nothing in this subpart shall be construed—

3 ‘‘(1) to authorize or permit an officer or em4 ployee of the Federal Government to mandate, direct,

5 or control a State, local educational agency, or

6 school’s specific instructional content or student per7 formance standards and assessments, curriculum, or

8 program of instruction, as a condition of eligibility to

9 receive funds under this subpart; and

10 ‘‘(2) to preempt any provision of a State con11 stitution or State statute that pertains to the expendi12 ture of State funds in or by religious institutions.’’.

13 PART B—EVEN START FAMILY LITERACY

14 PROGRAMS

15 SEC. 121. EVEN START FAMILY LITERACY PROGRAMS.

16 (a) PROGRAM AUTHORIZED.—

17 (1) RESERVATION FOR MIGRANT PROGRAMS,

18 OUTLYING AREAS, AND INDIAN TRIBES.—Section

19 1202(a) (20 U.S.C. 6362(a)) is amended—

20 (A) in paragraph (1), by inserting ‘‘(or, if

21 such appropriated amount exceeds $250,000,000,

22 6 percent of such amount)’’ after ‘‘1002(b)’’;

23 (B) in paragraph (2), by striking ‘‘If the

24 amount of funds made available under this sub25 section exceeds $4,600,000,’’ and inserting ‘‘After
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1 the date of the enactment of the Educational Op2 portunities Act,’’; and

3 (C) by adding at the end the following:

4 ‘‘(3) COORDINATION OF PROGRAMS FOR AMER5 ICAN INDIANS.—The Secretary shall ensure that pro6 grams under paragraph (1)(C) are coordinated with

7 family literacy programs operated by the Bureau of

8 Indian Affairs in order to avoid duplication and to

9 encourage the dissemination of information on high10 quality family literacy programs serving American

11 Indians.’’.

12 (2) RESERVATION FOR FEDERAL ACTIVITIES.—

13 Section 1202(b) (20 U.S.C. 6362(b)) is amended to

14 read as follows:

15 ‘‘(b) RESERVATION FOR FEDERAL ACTIVITIES.—

16 ‘‘(1) EVALUATION, TECHNICAL ASSISTANCE, PRO17 GRAM IMPROVEMENT, AND REPLICATION ACTIVI18 TIES.—From amounts appropriated under section

19 1002(b), the Secretary may reserve not more than 3

20 percent of such amounts or the amount reserved to

21 carry out the activities described in paragraphs (1)

22 and (2) of subsection (a) for the fiscal year 1994,

23 whichever is greater, for purposes of—

24 ‘‘(A) carrying out the evaluation required

25 by section 1209; and
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1 ‘‘(B) providing, through grants or contracts

2 with eligible organizations, technical assistance,

3 program improvement, and replication activi4 ties.

5 ‘‘(2) RESEARCH.—In the case of fiscal years

6 2001 through 2005, if the amounts appropriated

7 under section 1002(b) for any of such years exceed

8 such amounts appropriated for the preceding fiscal

9 year, the Secretary shall reserve from such excess

10 amount $2,000,000 or 50 percent, whichever is less, to

11 carry out section 1211.’’.

12 (3) RESERVATION FOR GRANTS.—Section 1202(c)

13 (20 U.S.C. 6362(c)) is amended—

14 (A) in the subsection heading, by striking

15 ‘‘FOR GRANTS’’ and inserting ‘‘FOR STATEWIDE

16 FAMILY LITERACY INITIATIVES’’; and

17 (B) by striking ‘‘From funds reserved under

18 section 2260(b)(3), the Secretary shall’’ and in19 serting ‘‘From funds appropriated under section

20 1002(b) for any fiscal year, the Secretary may’’.

21 (c) STATE PLAN.—Part B of title I (20 U.S.C. 6361

22 et seq.) is amended by inserting after section 1202 (20

23 U.S.C. 6362) the following:
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1 ‘‘SEC. 1202A. STATE PLAN.

2 ‘‘(a) CONTENTS.—Each State that desires to receive a

3 grant under this part shall submit a plan to the Secretary

4 containing such budgetary and other information as the

5 Secretary may require. Each plan shall—

6 ‘‘(1) include the State’s indicators of program

7 quality developed under section 1210, or if the State

8 has not completed work on those indicators, describe

9 the State’s progress in developing the indicators;

10 ‘‘(2) describe how the State is using, or will use,

11 the indicators to monitor, evaluate, and improve

12 projects the State assists under this part, and to de13 cide whether to continue to assist those projects;

14 ‘‘(3) describe how the State will help each pro15 gram assisted under this part ensure the full imple16 mentation of the program elements described in sec17 tion 1205, including how the State will encourage

18 local programs to use technology, such as distance

19 learning, to improve program access and the intensity

20 of services, especially for isolated populations;

21 ‘‘(4) describe how the State will conduct competi22 tion for subgrants, including the application of the

23 criteria described in section 1208; and

24 ‘‘(5) describe how the State will coordinate re25 sources, especially among State agencies, to improve

26 family literacy services in the State.
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1 ‘‘(b) DURATION.—Each State plan shall—

2 ‘‘(1) be submitted for the first year for which this

3 part is in effect after the date of enactment of the

4 Educational Opportunities Act;

5 ‘‘(2) remain in effect for the duration of the

6 State’s participation under this part; and

7 ‘‘(3) be periodically reviewed and revised by the

8 State, as necessary.’’.

9 (d) USES OF FUNDS.—Section 1204 (20 U.S.C. 6364)

10 is amended—

11 (1) in subsection (b)(1)(A)—

12 (A) in clause (iv), by striking ‘‘and’’ after

13 the semicolon; and

14 (B) by striking clause (v) and inserting the

15 following:

16 ‘‘(v) 50 percent in the fifth, sixth, sev17 enth, and eighth such years; and

18 ‘‘(vi) 35 percent in any subsequent

19 such year.’’; and

20 (2) by adding at the end the following:

21 ‘‘(c) USE OF FUNDS FOR FAMILY LITERACY SERV22 ICES.—

23 ‘‘(1) IN GENERAL.—A State may use a portion

24 of funds received under this part to assist eligible en25 tities receiving a subgrant under section 1203(b) in
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1 improving the quality of family literacy services pro2 vided under Even Start programs under this part, ex3 cept that in no case may a State’s use of funds for

4 this purpose for a fiscal year result in a decrease

5 from the level of activities and services provided to

6 program participants in the preceding year.

7 ‘‘(2) PRIORITY.—In carrying out paragraph (1),

8 a State shall give priority to programs that were of

9 low quality, as evaluated based on the indicators of

10 program quality developed by the State under section

11 1210.

12 ‘‘(3) TECHNICAL ASSISTANCE AND TRAINING.—

13 Assistance under paragraph (1) shall be in the form

14 of technical assistance and training, provided by a

15 State through a grant, contract, or cooperative agree16 ment with an entity that has experience in offering

17 high quality training and technical assistance to fam18 ily literacy providers.’’.

19 (e) PROGRAM ELEMENTS.—Section 1205 (20 U.S.C.

20 6365) is amended—

21 (1) by amending paragraph (4) to read as fol22 lows:

23 ‘‘(4) provide high-quality, intensive family lit24 eracy services using instructional approaches that the

25 best available research on reading indicates will be
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1 most effective in building adult literacy and chil2 dren’s language development and reading ability;’’;

3 (2) by amending paragraph (7) to read as fol4 lows:

5 ‘‘(7) use methods that ensure that participating

6 families successfully complete the program,

7 including—

8 ‘‘(A) operating a year-round program, in9 cluding continuing to provide some instructional

10 services for participants during the summer

11 months;

12 ‘‘(B) providing developmentally appropriate

13 educational services for at least a 3-year age

14 range of children;

15 ‘‘(C) encouraging participating families to

16 regularly attend and remain in the program for

17 a sufficient time to meet their program goals;

18 and

19 ‘‘(D) promoting the continuity of family lit20 eracy services across critical points in the lives

21 of children and their parents so that those indi22 viduals can retain and improve their edu23 cational outcomes;’’;

24 (3) by amending paragraph (10) to read as fol25 lows:
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1 ‘‘(10) provide for an independent evaluation of

2 the program to be used for program improvement.’’;

3 (4) by redesignating paragraphs (9) and (10) (as

4 so amended) as paragraphs (10) and (11), respec5 tively; and

6 (5) by inserting after paragraph (8) the fol7 lowing:

8 ‘‘(9) use instructional programs based on sci9 entifically based reading research (as defined in sec10 tion 2252) for children and, to the extent such re11 search is available, for adults;’’.

12 (f) ELIGIBLE PARTICIPANTS.—Section 1206(b) (20

13 U.S.C. 6366(b)) is amended by adding at the end the fol14 lowing:

15 ‘‘(3) CHILDREN 8 YEARS OF AGE OR OLDER.—If

16 an Even Start program assisted under this part col17 laborates with a program under part A, and funds re18 ceived under such part A program contribute to pay19 ing the cost of providing programs under this part to

20 children 8 years of age or older, the Even Start pro21 gram, notwithstanding subsection (a)(2), may permit

22 the participation of children 8 years of age or older.’’.

23 (g) APPLICATION.—

24 (1) PLAN.—Section 1207(c)(1)(F) (20 U.S.C.

25 6367(c)(1)(F)) is amended—
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1 (A) by striking ‘‘Act, the Goals 2000: Edu2 cate America Act,’’ and inserting ‘‘Act’’; and

3 (B) by striking ‘‘14306’’ and inserting

4 ‘‘6506’’.

5 (2) CONSOLIDATED APPLICATION.—Section

6 1207(d) (20 U.S.C. 6367(d)) is amended by striking

7 ‘‘14302’’ and inserting ‘‘6502’’.

8 (h) AWARD OF SUBGRANTS.—

9 (1) REVIEW PANEL.—The matter preceding sub10 paragraph (A) of section 1208(a)(3) (20 U.S.C.

11 6368(a)(3)) is amended—

12 (A) by inserting ‘‘and one individual with

13 expertise in family literacy programs.’’ after

14 ‘‘education professional,’’; and

15 (B) by striking ‘‘and one or more of the fol16 lowing individuals:’’ and inserting ‘‘The review

17 panel may include other individuals such as one

18 or more of the following:’’.

19 (2) CONTINUING ELIGIBILITY; FEDERAL

20 SHARE.—Section 1208(b) (20 U.S.C. 6368(b)) is

21 amended—

22 (A) by striking paragraph (3) and inserting

23 the following:

24 ‘‘(3) CONTINUING ELIGIBILITY.—In awarding

25 subgrant funds to continue a program under this part
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1 after the first year, the State educational agency shall

2 review the progress of each eligible entity in meeting

3 the goals of the program referred to in section

4 1207(c)(1)(A) and shall evaluate the program based

5 on the indicators of program quality developed by the

6 State under section 1210.’’; and

7 (B) in paragraph (5)—

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

9 the last sentence; and

10 (ii) by amending subparagraph (B) to

11 read as follows:

12 ‘‘(B) The Federal share of any subgrant renewed

13 under subparagraph (A) shall be limited in accord14 ance with section 1204(b).’’.

15 (i) INDICATORS OF PROGRAM QUALITY.—Section 1210

16 (20 U.S.C. 6369a) is amended—

17 (1) in the matter preceding paragraph (1), by

18 striking ‘‘Each’’ and inserting ‘‘Not later than Sep19 tember 30, 2000, each’’; and

20 (2) by adding at the end the following:

21 ‘‘(3) With respect to a program’s implementation

22 of high-quality, intensive family literacy services, spe23 cific levels of intensity of those services and the dura24 tion of individuals’ participation that are necessary

25 to result in the outcomes described in paragraphs (1)
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1 and (2), which levels the State periodically shall re2 view and revise as needed to achieve those outcomes.’’.

3 (j) RESEARCH.—Section 1211 (20 U.S.C. 6369b) is

4 amended to read as follows:

5 ‘‘SEC. 1211. RESEARCH.

6 ‘‘(a) IN GENERAL.—From amounts reserved under sec7 tion 1202(b)(2), the Secretary, in consultation with the Na8 tional Institute for Literacy and other appropriate organi9 zations, may carry out, directly or through grants or con10 tracts, research on family literacy services, including—

11 ‘‘(1) scientifically based research on the develop12 ment of reading and literacy in young children;

13 ‘‘(2) the most effective ways of improving the lit14 eracy skills of adults with reading difficulties; and

15 ‘‘(3) how family literacy services can best pro16 vide parents with the knowledge and skills the parents

17 need to support their children’s literacy development.

18 ‘‘(b) DISSEMINATION.—The Secretary shall ensure the

19 dissemination, through the National Institute for Literacy

20 and other appropriate means, of the results of the research

21 conducted under subsection (a).’’.

22 PART C—EDUCATION OF MIGRATORY CHILDREN

23 SEC. 131. PROGRAM PURPOSE.

24 Section 1301 (20 U.S.C. 6391) is amended—
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1 (1) by redesignating paragraphs (2) through (5)

2 as paragraphs (3) through (7), respectively;

3 (2) by inserting after paragraph (1) the fol4 lowing:

5 ‘‘(2) ensure that migratory children who move

6 among the States are not penalized in any manner

7 by disparities among the States in curriculum, grad8 uation requirements, and State student performance

9 and content standards;’’;

10 (3) in paragraph (5) (as so redesignated), by

11 striking ‘‘and’’ after the semicolon;

12 (4) in paragraph (6) (as so redesignated), by

13 striking the period and inserting ‘‘; and’’; and

14 (5) by adding at the end the following:

15 ‘‘(7) ensure that migratory children receive full

16 and appropriate opportunities to meet the same chal17 lenging State content and student performance stand18 ards that all children are expected to meet.’’.

19 SEC. 132. STATE APPLICATION.

20 Section 1304 (20 U.S.C. 6394) is amended—

21 (1) in subsection (b)—

22 (A) in paragraph (1), by striking ‘‘a com23 prehensive’’ and all that follows through ‘‘1306;’’

24 and inserting ‘‘the full range of services that are

25 available for migratory children from appro-
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1 priate local, State, and Federal educational pro2 grams;’’;

3 (B) by redesignating paragraphs (2)

4 through (6) as paragraphs (3) through (7), re5 spectively; and

6 (C) by inserting after paragraph (1) the fol7 lowing:

8 ‘‘(2) a description of joint planning efforts that

9 will be made with respect to programs assisted under

10 this Act, local, State, and Federal programs, and bi11 lingual education programs under part A of title

12 VII;’’; and

13 (2) in subsection (c), by amending paragraph

14 (3) to read as follows:

15 ‘‘(3) in the planning and operation of programs

16 and projects at both the State and local agency oper17 ating level there is consultation with parent advisory

18 councils for programs of one school year in duration,

19 and that all such programs and projects are carried

20 out—

21 ‘‘(A) in a manner consistent with section

22 1118 unless extraordinary circumstances make

23 implementation with such section impractical;

24 and
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1 ‘‘(B) in a format and language understand2 able to the parents;’’.

3 SEC. 133. COMPREHENSIVE PLAN.

4 Section 1306(a)(1) (20 U.S.C. 6396(a)(1)) is

5 amended—

6 (1) in subparagraph (A)—

7 (A) by striking ‘‘the Goals 2000: Educate

8 America Act,’’; and

9 (B) by striking ‘‘14306’’ and inserting

10 ‘‘6506’’; and

11 (2) in subparagraph (B), by striking ‘‘14302;’’

12 and inserting ‘‘6502, if—

13 ‘‘(i) the special needs of migratory

14 children are specifically addressed in the

15 comprehensive State plan;

16 ‘‘(ii) the comprehensive State plan is

17 developed in collaboration with parents of

18 migratory children; and

19 ‘‘(iii) the comprehensive State plan20 ning is not used to supplant State efforts

21 regarding, or administrative funding for,

22 this part;’’.

23 SEC. 134. COORDINATION.

24 Section 1308 (20 U.S.C. 6398) is amended—
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1 (1) by amending subsection (b) to read as fol2 lows:

3 ‘‘(b) ACCESS TO INFORMATION ON MIGRANT STU4 DENTS.—

5 ‘‘(1) NATIONAL SYSTEM.—(A) The Secretary

6 shall establish a national system for electronically ex7 changing, among the States, health and educational

8 information regarding all students served under this

9 part. Such information shall include—

10 ‘‘(i) immunization records and other health

11 information;

12 ‘‘(ii) elementary and secondary academic

13 history (including partial credit), credit accrual,

14 and results from State assessments required

15 under this title;

16 ‘‘(iii) other academic information essential

17 to ensuring that migrant children achieve to

18 high standards; and

19 ‘‘(iv) eligibility for services under the Indi20 viduals with Disabilities Education Act.

21 ‘‘(B) The Secretary shall publish, not later than

22 120 days after the date of enactment of the Edu23 cational Opportunities Act, a notice in the Federal

24 Register seeking public comment on the proposed data

25 elements that each State receiving funds under this
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1 part shall be required to collect for purposes of elec2 tronic transfer of migrant student information, the

3 requirements for immediate electronic access to such

4 information, and the educational agencies eligible to

5 access such information.

6 ‘‘(C) Such system of electronic access to migrant

7 student information shall be operational not later

8 than 1 year after the date of enactment of the Edu9 cational Opportunities Act.

10 ‘‘(D) For the purpose of carrying out this sub11 section in any fiscal year, the Secretary shall reserve

12 not more than $10,000,000 of the amount appro13 priated to carry out this part for such year.

14 ‘‘(2) REPORT TO CONGRESS.—(A) Not later than

15 April 30, 2002, the Secretary shall report to the Com16 mittee on Health, Education, Labor, and Pensions of

17 the Senate and the Committee on Education and the

18 Workforce of the House of Representatives the Sec19 retary’s findings and recommendations regarding

20 services under this part, and shall include in this re21 port, recommendations for the interim measures that

22 may be taken to ensure continuity of services under

23 this part.

24 ‘‘(B) The Secretary shall assist States in devel25 oping effective methods for the transfer of student
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1 records and in determining the number of students or

2 full-time equivalent students in each State if such in3 terim measures are required.’’.

4 (2) in subsection (c), by striking ‘‘$6,000,000’’

5 and inserting ‘‘$10,000,000’’;

6 (3) in subsection (d)(1), by striking

7 ‘‘$1,500,000’’ and inserting ‘‘$3,000,000’’; and

8 (4) by adding at the end the following:

9 ‘‘(e) DATA COLLECTION.—The Secretary shall direct

10 the National Center for Education Statistics to collect data

11 on migratory children.’’.

12 PART D—PARENTAL ASSISTANCE

13 SEC. 141. PARENTAL ASSISTANCE.

14 Part D of title I (20 U.S.C. 6421 et seq.) is amended

15 to read as follows:

16 ‘‘PART D—PARENTAL ASSISTANCE

17 ‘‘SEC. 1401. PARENTAL INFORMATION AND RESOURCE CEN18 TERS.

19 ‘‘(a) PURPOSE.—The purpose of this part is—

20 ‘‘(1) to provide leadership, technical assistance,

21 and financial support to nonprofit organizations and

22 local educational agencies to help the organizations

23 and agencies implement successful and effective pa24 rental involvement policies, programs, and activities

25 that lead to improvements in student performance;
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1 ‘‘(2) to strengthen partnerships among parents

2 (including parents of preschool age children), teach3 ers, principals, administrators, and other school per4 sonnel in meeting the educational needs of children;

5 ‘‘(3) to develop and strengthen the relationship

6 between parents and the school;

7 ‘‘(4) to further the developmental progress pri8 marily of children assisted under this part; and

9 ‘‘(5) to coordinate activities funded under this

10 part with parental involvement initiatives funded

11 under section 1118 and other provisions of this Act.

12 ‘‘(b) GRANTS AUTHORIZED.—

13 ‘‘(1) IN GENERAL.—The Secretary is authorized

14 to award grants in each fiscal year to nonprofit orga15 nizations, and nonprofit organizations in consortia

16 with local educational agencies, to establish school17 linked or school-based parental information and re18 source centers that provide training, information, and

19 support to—

20 ‘‘(A) parents of children enrolled in elemen21 tary schools and secondary schools;

22 ‘‘(B) individuals who work with the parents

23 described in subparagraph (A); and

24 ‘‘(C) State educational agencies, local edu25 cational agencies, schools, organizations that
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1 support family-school partnerships (such as par2 ent-teacher associations), and other organizations

3 that carry out parent education and family in4 volvement programs.

5 ‘‘(2) AWARD RULE.—In awarding grants under

6 this part, the Secretary shall ensure that such grants

7 are distributed in all geographic regions of the United

8 States.

9 ‘‘SEC. 1402. APPLICATIONS.

10 ‘‘(a) GRANTS APPLICATIONS.—

11 ‘‘(1) IN GENERAL.—Each nonprofit organization

12 or nonprofit organization in consortium with a local

13 educational agency that desires a grant under this

14 part shall submit an application to the Secretary at

15 such time and in such manner as the Secretary shall

16 require.

17 ‘‘(2) CONTENTS.—Each application submitted

18 under paragraph (1), at a minimum, shall include

19 assurances that the organization or consortium will—

20 ‘‘(A)(i) be governed by a board of directors

21 the membership of which includes parents; or

22 ‘‘(ii) be an organization or consortium that

23 represents the interests of parents;

24 ‘‘(B) establish a special advisory committee

25 the membership of which includes—
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1 ‘‘(i) parents described in section

2 1401(b)(1)(A);

3 ‘‘(ii) representatives of education pro4 fessionals with expertise in improving serv5 ices for disadvantaged children; and

6 ‘‘(iii) representatives of local elemen7 tary schools and secondary schools who may

8 include students and representatives from

9 local youth organizations;

‘‘(C) use at least 1 10 ⁄2 of the funds provided

11 under this part in each fiscal year to serve areas

12 with high concentrations of low-income families

13 in order to serve parents who are severely educa14 tionally or economically disadvantaged;

15 ‘‘(D) operate a center of sufficient size,

16 scope, and quality to ensure that the center is

17 adequate to serve the parents in the area;

18 ‘‘(E) serve both urban and rural areas;

19 ‘‘(F) design a center that meets the unique

20 training, information, and support needs of par21 ents described in section 1401(b)(1)(A), particu22 larly such parents who are educationally or eco23 nomically disadvantaged;

24 ‘‘(G) demonstrate the capacity and expertise

25 to conduct the effective training, information
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1 and support activities for which assistance is

2 sought;

3 ‘‘(H) network with—

4 ‘‘(i) local educational agencies and

5 schools;

6 ‘‘(ii) parents of children enrolled in el7 ementary schools and secondary schools;

8 ‘‘(iii) parent training and information

9 centers assisted under section 682 of the In10 dividuals with Disabilities Education Act;

11 ‘‘(iv) clearinghouses; and

12 ‘‘(v) other organizations and agencies;

13 ‘‘(I) focus on serving parents described in

14 section 1401(b)(1)(A) who are parents of low-in15 come, minority, and limited English proficient,

16 children;

17 ‘‘(J) use part of the funds received under

18 this part to establish, expand, or operate Parents

19 as Teachers programs or Home Instruction for

20 Preschool Youngsters programs;

21 ‘‘(K) provide assistance to parents in such

22 areas as understanding State and local stand23 ards and measures of student and school per24 formance; and
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1 ‘‘(L) work with State and local educational

2 agencies to determine parental needs and deliv3 ery of services.

4 ‘‘(b) GRANT RENEWAL.—For each fiscal year after the

5 first fiscal year an organization or consortium receives as6 sistance under this part, the organization or consortium

7 shall demonstrate in the application submitted for such fis8 cal year after the first fiscal year that a portion of the serv9 ices provided by the organization or consortium is sup10 ported through non-Federal contributions, which contribu11 tions may be in cash or in kind.

12 ‘‘SEC. 1403. USES OF FUNDS.

13 ‘‘(a) IN GENERAL.—Grant funds received under this

14 part shall be used—

15 ‘‘(1) to assist parents in participating effectively

16 in their children’s education and to help their chil17 dren meet State and local standards, such as assisting

18 parents—

19 ‘‘(A) to engage in activities that will im20 prove student performance, including under21 standing the accountability systems in place

22 within their State educational agency and local

23 educational agency and understanding their

24 children’s educational performance in compari25 son to State and local standards;
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1 ‘‘(B) to provide followup support for their

2 children’s educational achievement;

3 ‘‘(C) to communicate effectively with teach4 ers, principals, counselors, administrators, and

5 other school personnel;

6 ‘‘(D) to become active participants in the

7 development, implementation, and review of

8 school-parent compacts, parent involvement poli9 cies, and school planning and improvement;

10 ‘‘(E) to participate in the design and provi11 sion of assistance to students who are not mak12 ing adequate educational progress;

13 ‘‘(F) to participate in State and local deci14 sionmaking; and

15 ‘‘(G) to train other parents;

16 ‘‘(2) to obtain information about the range of op17 tions, programs, services, and resources available at

18 the national, State, and local levels to assist parents

19 and school personnel who work with parents;

20 ‘‘(3) to help the parents learn and use the tech21 nology applied in their children’s education;

22 ‘‘(4) to plan, implement, and fund activities for

23 parents that coordinate the education of their children

24 with other Federal programs that serve their children

25 or their families; and
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1 ‘‘(5) to provide support for State or local edu2 cational personnel if the participation of such per3 sonnel will further the activities assisted under the

4 grant.

5 ‘‘(b) PERMISSIVE ACTIVITIES.—Grant funds received

6 under this part may be used to assist schools with activities

7 such as—

8 ‘‘(1) developing and implementing their plans or

9 activities under sections 1118 and 1119; and

10 ‘‘(2) developing and implementing school im11 provement plans, including addressing problems that

12 develop in the implementation of sections 1118 and

13 1119.

14 ‘‘(3) providing information about assessment

15 and individual results to parents in a manner and

16 a language the family can understand;

17 ‘‘(4) coordinating the efforts of Federal, State,

18 and local parent education and family involvement

19 initiatives; and

20 ‘‘(5) providing training, information, and sup21 port to—

22 ‘‘(A) State educational agencies;

23 ‘‘(B) local educational agencies and schools,

24 especially those local educational agencies and

25 schools that are low performing; and
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1 ‘‘(C) organizations that support family2 school partnerships.

3 ‘‘(c) GRANDFATHER CLAUSE.—The Secretary shall use

4 funds made available under this part to continue to make

5 grant or contract payments to each entity that was awarded

6 a multiyear grant or contract under title IV of the Goals

7 2000: Educate America Act (as such title was in effect on

8 the day before the date of enactment of the Educational Op9 portunities Act) for the duration of the grant or contract

10 award.

11 ‘‘SEC. 1404. TECHNICAL ASSISTANCE.

12 ‘‘The Secretary shall provide technical assistance, by

13 grant or contract, for the establishment, development, and

14 coordination of parent training, information, and support

15 programs and parental information and resource centers.

16 ‘‘SEC. 1405. REPORTS.

17 ‘‘(a) INFORMATION.—Each organization or consortium

18 receiving assistance under this part shall submit to the Sec19 retary, on an annual basis, information concerning the pa20 rental information and resource centers assisted under this

21 part, including—

22 ‘‘(1) the number of parents (including the num23 ber of minority and limited English proficient par24 ents) who receive information and training;
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1 ‘‘(2) the types and modes of training, informa2 tion, and support provided under this part;

3 ‘‘(3) the strategies used to reach and serve par4 ents of minority and limited English proficient chil5 dren, parents with limited literacy skills, and other

6 parents in need of the services provided under this

7 part;

8 ‘‘(4) the parental involvement policies and prac9 tices used by the center and an evaluation of whether

10 such policies and practices are effective in improving

11 home-school communication, student achievement, stu12 dent and school performance, and parental involve13 ment in school planning, review, and improvement;

14 and

15 ‘‘(5) the effectiveness of the activities that local

16 educational agencies and schools are carrying out

17 with regard to parental involvement and other activi18 ties assisted under this Act that lead to improved stu19 dent achievement and improved student and school

20 performance.

21 ‘‘(b) DISSEMINATION.—The Secretary annually shall

22 disseminate, widely to the public and to Congress, the infor23 mation that each organization or consortium submits under

24 subsection (a) to the Secretary.
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1 ‘‘SEC. 1406. GENERAL PROVISIONS.

2 ‘‘Notwithstanding any other provision of this part—

3 ‘‘(1) no person, including a parent who educates

4 a child at home, a public school parent, or a private

5 school parent, shall be required to participate in any

6 program of parent education or developmental screen7 ing pursuant to the provisions of this part; and

8 ‘‘(2) no program or center assisted under this

9 part shall take any action that infringes in any man10 ner on the right of a parent to direct the education

11 of their children.’’.

12 PART E—GENERAL PROVISIONS; COMPREHEN13 SIVE SCHOOL REFORM; ASSISTANCE TO AD14 DRESS SCHOOL DROPOUT PROBLEMS

15 SEC. 151. GENERAL PROVISIONS; COMPREHENSIVE SCHOOL

16 REFORM; ASSISTANCE TO ADDRESS SCHOOL

17 DROPOUT PROBLEMS.

18 Part A of title I (20 U.S.C. 6311) is amended—

19 (1) by redesignating part F as part H;

20 (2) by redesignating sections 1601 through 1604

21 as sections 1901 through 1904, respectively; and

22 (3) by inserting after part E the following:

23 ‘‘PART F—COMPREHENSIVE SCHOOL REFORM

24 ‘‘SEC. 1601. PURPOSE.

25 ‘‘The purpose of this part is to provide financial incen26 tives for schools to develop comprehensive school reforms
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1 based upon promising and effective practices and research2 based programs that emphasize basic academics and paren3 tal involvement so that all children can meet challenging

4 State content and student performance standards.

5 ‘‘SEC. 1602. PROGRAM AUTHORIZATION.

6 ‘‘(a) PROGRAM AUTHORIZED.—

7 ‘‘(1) IN GENERAL.—The Secretary is authorized

8 to award grants to State educational agencies, from

9 allotments under paragraph (2), to enable the State

10 educational agencies to award subgrants to local edu11 cational agencies to carry out the purpose described

12 in section 1601.

13 ‘‘(2) ALLOTMENTS.—

14 ‘‘(A) RESERVATIONS.—Of the amount ap15 propriated under section 1002(h) for a fiscal

16 year, the Secretary may reserve—

17 ‘‘(i) not more than 1 percent to provide

18 assistance to schools supported by the Bu19 reau of Indian Affairs and in the United

20 States Virgin Islands, Guam, American

21 Samoa, and the Commonwealth of the

22 Northern Mariana Islands according to

23 their respective needs for assistance under

24 this part; and
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1 ‘‘(ii) not more than 1 percent to con2 duct national evaluation activities described

3 in section 1607.

4 ‘‘(B) IN GENERAL.—Of the amount appro5 priated under section 1002(h) that remains after

6 making the reservation under subparagraph (A)

7 for a fiscal year, the Secretary shall allot to each

8 State for the fiscal year an amount that bears

9 the same ratio to the remainder for that fiscal

10 year as the amount made available under section

11 1124 to the State for the preceding fiscal year

12 bears to the total amount made available under

13 section 1124 to all States for that year.

14 ‘‘(C) REALLOTMENT.—If a State does not

15 apply for funds under this section, the Secretary

16 shall reallot such funds to other States that do

17 not apply in proportion to the amount allotted

18 to such other States under subparagraph (B).

19 ‘‘SEC. 1603. STATE APPLICATIONS.

20 ‘‘(a) IN GENERAL.—Each State educational agency

21 that desires to receive a grant under this section shall sub22 mit an application to the Secretary at such time, in such

23 manner, and containing such information as the Secretary

24 may reasonably require.
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1 ‘‘(b) CONTENTS.—Each such application shall

2 describe—

3 ‘‘(1) the process and selection criteria by which

4 the State educational agency, using expert review,

5 will select local educational agencies to receive sub6 grants under this section;

7 ‘‘(2) how the State educational agency will en8 sure that only comprehensive school reforms that are

9 based on promising and effective practices and re10 search-based programs receive funds under this part;

11 ‘‘(3) how the State educational agency will dis12 seminate information on comprehensive school re13 forms that are based on promising and effective prac14 tices and research-based programs;

15 ‘‘(4) how the State educational agency will

16 evaluate the implementation of such reforms and

17 measure the extent to which the reforms have resulted

18 in increased student academic performance; and

19 ‘‘(5) how the State educational agency will make

20 available technical assistance to a local educational

21 agency or consortia of local educational agencies in

22 evaluating, developing, and implementing comprehen23 sive school reform.
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1 ‘‘SEC. 1604. STATE USE OF FUNDS.

2 ‘‘(a) IN GENERAL.—Except as provided in subsection

3 (e), a State educational agency that receives a grant under

4 this part shall use the grant funds to award subgrants, on

5 a competitive basis, to local educational agencies or con6 sortia of local educational agencies in the State that receive

7 funds under part A.

8 ‘‘(b) SUBGRANT REQUIREMENTS.—A subgrant to a

9 local educational agency or consortium shall be—

10 ‘‘(1) of sufficient size and scope to support the

11 initial costs for the particular comprehensive school

12 reform plan selected or designed by each school identi13 fied in the application of the local educational agency

14 or consortium;

15 ‘‘(2) in an amount not less than $50,000 for each

16 participating school; and

17 ‘‘(3) renewable for 2 additional 1-year periods

18 after the initial 1-year grant is made if the school is

19 making substantial progress in the implementation of

20 reforms.

21 ‘‘(c) PRIORITY.—A State educational agency, in

22 awarding subgrants under this part, shall give priority to

23 local educational agencies or consortia that—

24 ‘‘(1) plan to use the funds in schools identified

25 as being in need of improvement or corrective action

26 under section 1116(c); and
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1 ‘‘(2) demonstrate a commitment to assist schools

2 with budget allocation, professional development, and

3 other strategies necessary to ensure the comprehensive

4 school reforms are properly implemented and are sus5 tained in the future.

6 ‘‘(d) GRANT CONSIDERATION.—In awarding subgrants

7 under this part, the State educational agency shall take into

8 consideration the equitable distribution of subgrants to dif9 ferent geographic regions within the State, including urban

10 and rural areas, and to schools serving elementary school

11 and secondary students.

12 ‘‘(e) ADMINISTRATIVE COSTS.—A State educational

13 agency that receives a grant under this part may reserve

14 not more than 5 percent of the grant funds for administra15 tive, evaluation, and technical assistance expenses.

16 ‘‘(f) SUPPLEMENT.—Funds made available under this

17 part shall be used to supplement, and not supplant, any

18 other Federal, State, or local funds that would otherwise

19 be available to carry out the activities assisted under this

20 part.

21 ‘‘(g) REPORTING.—Each State educational agency

22 that receives a grant under this part shall provide to the

23 Secretary such information as the Secretary may require,

24 including the names of local educational agencies and

25 schools receiving assistance under this part, the amount of
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1 the assistance, and a description of the comprehensive school

2 reform model selected and used.

3 ‘‘SEC. 1605. LOCAL APPLICATIONS.

4 ‘‘(a) IN GENERAL.—Each local educational agency or

5 consortium of local educational agencies desiring a

6 subgrant under this section shall submit an application to

7 the State educational agency at such time, in such manner,

8 and containing such information as the State educational

9 agency may reasonably require.

10 ‘‘(b) CONTENTS.—Each such application shall—

11 ‘‘(1) identify the schools, that are eligible for as12 sistance under part A, that plan to implement a com13 prehensive school reform program, including the pro14 jected costs of such a program;

15 ‘‘(2) describe the promising and effective prac16 tices and research-based programs that such schools

17 will implement;

18 ‘‘(3) describe how the local educational agency or

19 consortium will provide technical assistance and sup20 port for the effective implementation of the promising

21 and effective practices and research-based school re22 forms selected by such schools; and

23 ‘‘(4) describe how the local educational agency or

24 consortium will evaluate the implementation of such
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1 reforms and measure the results achieved in improv2 ing student academic performance.

3 ‘‘SEC. 1606. LOCAL USE OF FUNDS.

4 ‘‘(a) USES OF FUNDS.—A local educational agency or

5 consortium that receives a subgrant under this section shall

6 provide the subgrant funds to schools, that are eligible for

7 assistance under part A and served by the agency, to enable

8 the schools to implement a comprehensive school reform pro9 gram for—

10 ‘‘(1) employing innovative strategies for student

11 learning, teaching, and school management that are

12 based on promising and effective practices and re13 search-based programs and have been replicated suc14 cessfully in schools with diverse characteristics;

15 ‘‘(2) integrating a comprehensive design for effec16 tive school functioning, including instruction, assess17 ment, classroom management, professional develop18 ment, parental involvement, and school management,

19 that aligns the school’s curriculum, technology, and

20 professional development into a comprehensive reform

21 plan for schoolwide change designed to enable all stu22 dents to meet challenging State content and student

23 performance standards and addresses needs identified

24 through a school needs assessment;
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1 ‘‘(3) providing high quality and continuous

2 teacher and staff professional development;

3 ‘‘(4) the inclusion of measurable goals for student

4 performance;

5 ‘‘(5) support for teachers, principals, adminis6 trators, and other school personnel staff;

7 ‘‘(6) meaningful community and parental in8 volvement initiatives that will strengthen school im9 provement activities;

10 ‘‘(7) using high quality external technical sup11 port and assistance from an entity that has experi12 ence and expertise in schoolwide reform and improve13 ment, which may include an institution of higher

14 education;

15 ‘‘(8) evaluating school reform implementation

16 and student performance; and

17 ‘‘(9) identification of other resources, including

18 Federal, State, local, and private resources, that shall

19 be used to coordinate services that will support and

20 sustain the school reform effort.

21 ‘‘(b) SPECIAL RULE.—A school that receives funds to

22 develop a comprehensive school reform program shall not

23 be limited to using the approaches identified or developed

24 by the Secretary, but may develop the school’s own com-
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1 prehensive school reform programs for schoolwide change as

2 described in subsection (a).

3 ‘‘SEC. 1607. NATIONAL EVALUATION AND REPORTS.

4 ‘‘(a) IN GENERAL.—The Secretary shall develop a plan

5 for a national evaluation of the programs assisted under

6 this part.

7 ‘‘(b) EVALUATION.—The national evaluation shall—

8 ‘‘(1) evaluate the implementation and results

9 achieved by schools after 3 years of implementing

10 comprehensive school reforms; and

11 ‘‘(2) assess the effectiveness of comprehensive

12 school reforms in schools with diverse characteristics.

13 ‘‘(c) REPORTS.—Prior to the completion of the na14 tional evaluation, the Secretary shall submit an interim re15 port describing implementation activities for the Com16 prehensive School Reform Program, which began in 1998,

17 to the Committee on Education and the Workforce, and the

18 Committee on Appropriations of the House of Representa19 tives, and the Committee on Health, Education, Labor, and

20 Pensions, and the Committee on Appropriations of the Sen21 ate.
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1 ‘‘PART G—ASSISTANCE TO ADDRESS SCHOOL

2 DROPOUT PROBLEMS

3 ‘‘SEC. 1701. PURPOSE.

4 ‘‘The purpose of this part is to provide for school drop5 out prevention and reentry and to raise academic achieve6 ment levels by providing grants, to schools through State

7 educational agencies, that—

8 ‘‘(1) challenge all children to attain their highest

9 academic potential; and

10 ‘‘(2) ensure that all students have substantial

11 and ongoing opportunities to do so through

12 schoolwide programs proven effective in school drop13 out prevention.

14 ‘‘Subpart 1—Coordinated National Strategy

15 ‘‘SEC. 1711. NATIONAL ACTIVITIES.

16 ‘‘(a) IN GENERAL.—The Secretary is authorized—

17 ‘‘(1) to collect systematic data on the participa18 tion in the programs described in paragraph (2)(C)

19 of individuals disaggregated within each State, local

20 educational agency, and school by gender, by each

21 major racial and ethnic group, by English proficiency

22 status, by migrant status, by students with disabil23 ities as compared to nondisabled students, and by eco24 nomically disadvantaged students as compared to stu25 dents who are not economically disadvantaged;
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1 ‘‘(2) to establish and to consult with an inter2 agency working group which shall—

3 ‘‘(A) address inter- and intra-agency pro4 gram coordination issues at the Federal level

5 with respect to school dropout prevention and

6 middle school and secondary school reentry, as7 sess the targeting of existing Federal services to

8 students who are most at risk of dropping out of

9 school, and the cost-effectiveness of various pro10 grams and approaches used to address school

11 dropout prevention;

12 ‘‘(B) describe the ways in which State and

13 local agencies can implement effective school

14 dropout prevention programs using funds from a

15 variety of Federal programs, including the pro16 grams under this title and the School-to-Work

17 Opportunities Act of 1994; and

18 ‘‘(C) address all Federal programs with

19 school dropout prevention or school reentry ele20 ments or objectives, programs under title I of

21 this Act, the School-to-Work Opportunities Act of

22 1994, part B of title IV of the Job Training

23 Partnership Act, subtitle C of title I of the Work24 force Investment Act of 1998, and other pro25 grams; and
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1 ‘‘(3) carry out a national recognition program

2 in accordance with subsection (b) that recognizes

3 schools that have made extraordinary progress in low4 ering school dropout rates under which a public mid5 dle school or secondary school from each State will be

6 recognized.

7 ‘‘(b) RECOGNITION PROGRAM.—

8 ‘‘(1) NATIONAL GUIDELINES.—The Secretary

9 shall develop uniform national guidelines for the rec10 ognition program which shall be used to recognize

11 schools from nominations submitted by State edu12 cational agencies.

13 ‘‘(2) ELIGIBLE SCHOOLS.—The Secretary may

14 recognize under the recognition program any public

15 middle school or secondary school (including a charter

16 school) that has implemented comprehensive reforms

17 regarding the lowering of school dropout rates for all

18 students at that school.

19 ‘‘(3) SUPPORT.—The Secretary may make mone20 tary awards to schools recognized under the recogni21 tion program in amounts determined by the Sec22 retary. Amounts received under this section shall be

23 used for dissemination activities within the school

24 district or nationally.
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1 ‘‘Subpart 2—National School Dropout Prevention

2 Initiative

3 ‘‘SEC. 1721. PROGRAM AUTHORIZED.

4 ‘‘(a) ALLOTMENTS TO STATES.—

5 ‘‘(1) IN GENERAL.—From the sum made avail6 able under section 1732(b) for a fiscal year the Sec7 retary shall make an allotment to each State in an

8 amount that bears the same relation to the sum as the

9 amount the State received under this title for the pre10 ceding fiscal year bears to the amount received by all

11 States under this title for the preceding fiscal year.

12 ‘‘(2) DEFINITION OF STATE.—In this subpart,

13 the term ‘State’ means each of the several States of the

14 United States, the District of Columbia, the Common15 wealth of Puerto Rico, the United States Virgin Is16 lands, Guam, American Samoa, the Commonwealth of

17 the Northern Mariana Islands, the Republic of the

18 Marshall Islands, the Federated States of Micronesia,

19 and the Republic of Palau.

20 ‘‘(b) GRANTS.—From amounts made available to a

21 State under subsection (a), the State educational agency

22 may award grants to public middle schools or secondary

23 schools, that have school dropout rates which are in the

highest 1 24 ⁄3 of all school dropout rates in the State, to enable

25 the schools to pay only the startup and implementation

26 costs of effective, sustainable, coordinated, and whole school
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1 dropout prevention programs that involve activities such

2 as—

3 ‘‘(1) professional development;

4 ‘‘(2) obtaining curricular materials;

5 ‘‘(3) release time for professional staff;

6 ‘‘(4) planning and research;

7 ‘‘(5) remedial education;

8 ‘‘(6) reduction in pupil-to-teacher ratios;

9 ‘‘(7) efforts to meet State student achievement

10 standards;

11 ‘‘(8) counseling and mentoring for at-risk stu12 dents; and

13 ‘‘(9) comprehensive school reform models.

14 ‘‘(c) AMOUNT.—

15 ‘‘(1) IN GENERAL.—Subject to subsection (d) and

16 except as provided in paragraph (2), a grant under

17 this subpart shall be awarded—

18 ‘‘(A) in the first year that a school receives

19 a grant payment under this subpart, in an

20 amount that is not less than $50,000 and not

21 more than $100,000, based on factors such as—

22 ‘‘(i) school size;

23 ‘‘(ii) costs of the model or set of preven24 tion and reentry strategies being imple25 mented; and
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1 ‘‘(iii) local cost factors such as poverty

2 rates;

3 ‘‘(B) in the second such year, in an amount

4 that is not less than 75 percent of the amount the

5 school received under this subpart in the first

6 such year;

7 ‘‘(C) in the third year, in an amount that

8 is not less than 50 percent of the amount the

9 school received under this subpart in the first

10 such year; and

11 ‘‘(D) in each succeeding year in an amount

12 that is not less than 30 percent of the amount the

13 school received under this subpart in the first

14 such year.

15 ‘‘(2) INCREASES.—The Secretary shall increase

16 the amount awarded to a school under this subpart

17 by 10 percent if the school creates smaller learning

18 communities within the school and the creation is cer19 tified by the State educational agency.

20 ‘‘(d) DURATION.—A grant under this subpart shall be

21 awarded for a period of 3 years, and may be continued

22 for a period of 2 additional years if the State educational

23 agency determines, based on the annual reports described

24 in section 1727(a), that significant progress has been made

25 in lowering the school dropout rate for students partici-
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1 pating in the program assisted under this subpart com2 pared to students at similar schools who are not partici3 pating in the program.

4 ‘‘SEC. 1722. STRATEGIES AND CAPACITY BUILDING.

5 ‘‘(a) STRATEGIES.—Each school receiving a grant

6 under this subpart shall implement research-based, sustain7 able, and widely replicated, strategies for school dropout

8 prevention and reentry that address the needs of an entire

9 school population rather than a subset of students. The

10 strategies may include—

11 ‘‘(1) specific strategies for targeted purposes,

12 such as effective early intervention programs designed

13 to identify at-risk students, effective programs encom14 passing traditionally underserved students, including

15 racial and ethnic minorities and pregnant and par16 enting teenagers, designed to prevent such students

17 from dropping out of school, and effective programs to

18 identify and encourage youth who have already

19 dropped out of school to reenter school and complete

20 their secondary education; and

21 ‘‘(2) approaches such as breaking larger schools

22 down into smaller learning communities and other

23 comprehensive reform approaches, creating alternative

24 school programs, developing clear linkages to career

25 skills and employment, and addressing specific gate-
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1 keeper hurdles that often limit student retention and

2 academic success.

3 ‘‘(b) CAPACITY BUILDING.—

4 ‘‘(1) IN GENERAL.—The Secretary, through a

5 contract with a non-Federal entity, shall conduct a

6 capacity building and design initiative in order to

7 increase the types of proven strategies for dropout

8 prevention and reentry that address the needs of an

9 entire school population rather than a subset of stu10 dents.

11 ‘‘(2) NUMBER AND DURATION.—

12 ‘‘(A) NUMBER.—The Secretary shall award

13 not more than 5 contracts under this subsection.

14 ‘‘(B) DURATION.—The Secretary shall

15 award a contract under this section for a period

16 of not more than 5 years.

17 ‘‘(c) SUPPORT FOR EXISTING REFORM NETWORKS.—

18 ‘‘(1) IN GENERAL.—The Secretary shall provide

19 appropriate support to eligible entities to enable the

20 eligible entities to provide training, materials, devel21 opment, and staff assistance to schools assisted under

22 this subpart.

23 ‘‘(2) DEFINITION OF ELIGIBLE ENTITY.—The

24 term ‘eligible entity’ means an entity that, prior to
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1 the date of enactment of the Educational Opportuni2 ties Act—

3 ‘‘(A) provided training, technical assistance,

4 and materials to 100 or more elementary schools

5 or secondary schools; and

6 ‘‘(B) developed and published a specific

7 educational program or design for use by the

8 schools.

9 ‘‘SEC. 1723. SELECTION OF SCHOOLS.

10 ‘‘(a) SCHOOL APPLICATION.—

11 ‘‘(1) IN GENERAL.—Each school desiring a grant

12 under this subpart shall submit an application to the

13 State educational agency at such time, in such man14 ner, and accompanied by such information as the

15 State educational agency may require.

16 ‘‘(2) CONTENTS.—Each application submitted

17 under paragraph (1) shall—

18 ‘‘(A) contain a certification from the local

19 educational agency serving the school that—

20 ‘‘(i) the school has the highest number

21 or rates of school dropouts in the age group

22 served by the local educational agency;

23 ‘‘(ii) the local educational agency is

24 committed to providing ongoing operational

25 support, for the school’s comprehensive re-
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1 form plan to address the problem of school

2 dropouts, for a period of 5 years; and

3 ‘‘(iii) the local educational agency will

4 support the plan, including—

5 ‘‘(I) release time for teacher train6 ing;

7 ‘‘(II) efforts to coordinate activi8 ties for feeder schools; and

9 ‘‘(III) encouraging other schools

10 served by the local educational agency

11 to participate in the plan;

12 ‘‘(B) demonstrate that the faculty and ad13 ministration of the school have agreed to apply

14 for assistance under this subpart, and provide

15 evidence of the school’s willingness and ability to

16 use the funds under this subpart, including pro17 viding an assurance of the support of 80 percent

18 or more of the professional staff at the school;

19 ‘‘(C) describe the instructional strategies to

20 be implemented, how the strategies will serve all

21 students, and the effectiveness of the strategies;

22 ‘‘(D) describe a budget and timeline for im23 plementing the strategies;

24 ‘‘(E) contain evidence of coordination with

25 existing resources;
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1 ‘‘(F) provide an assurance that funds pro2 vided under this subpart will supplement and

3 not supplant other Federal, State, and local

4 funds;

5 ‘‘(G) describe how the activities to be as6 sisted conform with research-based knowledge

7 about school dropout prevention and reentry;

8 and

9 ‘‘(H) demonstrate that the school and local

10 educational agency have agreed to conduct a

11 schoolwide program under section 1114.

12 ‘‘(b) STATE AGENCY REVIEW AND AWARD.—The State

13 educational agency shall review applications and award

14 grants to schools under subsection (a) according to a review

15 by a panel of experts on school dropout prevention.

16 ‘‘(c) ELIGIBILITY.—A school is eligible to receive a

17 grant under this subpart if the school is—

18 ‘‘(1) a public school (including a public alter19 native school)—

20 ‘‘(A) that is eligible to receive assistance

21 under part A, including a comprehensive sec22 ondary school, a vocational or technical sec23 ondary school, and a charter school; and

24 ‘‘(B)(i) that serves students 50 percent or

25 more of whom are low-income individuals; or
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1 ‘‘(ii) with respect to which the feeder schools

2 that provide the majority of the incoming stu3 dents to the school serve students 50 percent or

4 more of whom are low-income individuals; or

5 ‘‘(2) participating in a schoolwide program

6 under section 1114 during the grant period.

7 ‘‘(d) COMMUNITY-BASED ORGANIZATIONS.—A school

8 that receives a grant under this subpart may use the grant

9 funds to secure necessary services from a community-based

10 organization, including private sector entities, if—

11 ‘‘(1) the school approves the use;

12 ‘‘(2) the funds are used to provide school dropout

13 prevention and reentry activities related to schoolwide

14 efforts; and

15 ‘‘(3) the community-based organization has dem16 onstrated the organization’s ability to provide effec17 tive services as described in section 107(a) of the Job

18 Training Partnership Act, or section 122 of the Work19 force Investment Act of 1998.

20 ‘‘(e) COORDINATION.—Each school that receives a

21 grant under this subpart shall coordinate the activities as22 sisted under this subpart with other Federal programs, such

23 as programs assisted under chapter 1 of subpart 2 of part

24 A of title IV of the Higher Education Act of 1965 and the

25 School-to-Work Opportunities Act of 1994.
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1 ‘‘SEC. 1724. DISSEMINATION ACTIVITIES.

2 ‘‘Each school that receives a grant under this subpart

3 shall provide information and technical assistance to other

4 schools within the school district, including presentations,

5 document-sharing, and joint staff development.

6 ‘‘SEC. 1725. PROGRESS INCENTIVES.

7 ‘‘Notwithstanding any other provision of law, each

8 local educational agency that receives funds under this title

9 shall use such funding to provide assistance to schools served

10 by the agency that have not made progress toward lowering

11 school dropout rates after receiving assistance under this

12 subpart for 2 fiscal years.

13 ‘‘SEC. 1726. SCHOOL DROPOUT RATE CALCULATION.

14 ‘‘For purposes of calculating a school dropout rate

15 under this subpart, a school shall use—

16 ‘‘(1) the annual event school dropout rate for stu17 dents leaving a school in a single year determined in

18 accordance with the National Center for Education

19 Statistics’ Common Core of Data, if available; or

20 ‘‘(2) in other cases, a standard method for calcu21 lating the school dropout rate as determined by the

22 State educational agency.

23 ‘‘SEC. 1727. REPORTING AND ACCOUNTABILITY.

24 ‘‘(a) REPORTING.—In order to receive funding under

25 this subpart for a fiscal year after the first fiscal year a

26 school receives funding under this subpart, the school shall
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1 provide, on an annual basis, to the Secretary a report re2 garding the status of the implementation of activities fund3 ed under this subpart, the outcome data for students at

4 schools assisted under this subpart disaggregated in the

5 same manner as information under section 1711(a) (such

6 as dropout rates), and certification of progress from the eli7 gible entity whose strategies the school is implementing.

8 ‘‘(b) ACCOUNTABILITY.—On the basis of the reports

9 submitted under subsection (a), the Secretary shall evaluate

10 the effect of the activities assisted under this subpart on

11 school dropout prevention compared to a control group.

12 ‘‘SEC. 1728. STATE RESPONSIBILITIES.

13 ‘‘(a) UNIFORM DATA COLLECTION.—Within 1 year

14 after the date of enactment of the Educational Opportuni15 ties Act, a State educational agency that receives funds

16 under this part shall report to the Secretary and statewide,

17 all school district and school data regarding school dropout

18 rates in the State disaggregated in the same manner as in19 formation under section 1711(a), according to procedures

20 that conform with the National Center for Education Sta21 tistics’ Common Core of Data.

22 ‘‘(b) ATTENDANCE-NEUTRAL FUNDING POLICIES.—

23 Within 2 years after the date of enactment of the Edu24 cational Opportunities Act, a State educational agency that

25 receives funds under this part shall develop and implement
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1 education funding formula policies for public schools that

2 provide appropriate incentives to retain students in school

3 throughout the school year, such as—

4 ‘‘(1) a student count methodology that does not

5 determine annual budgets based on attendance on a

6 single day early in the academic year; and

7 ‘‘(2) specific incentives for retaining enrolled stu8 dents throughout each year.

9 ‘‘(c) SUSPENSION AND EXPULSION POLICIES.—Within

10 2 years after the date of enactment of the Educational Op11 portunities Act, a State educational agency that receives

12 funds under this part shall develop uniform, long-term sus13 pension and expulsion policies for serious infractions result14 ing in more than 10 days of exclusion from school per aca15 demic year so that similar violations result in similar pen16 alties.

17 ‘‘(d) REGULATIONS.—The Secretary shall promulgate

18 regulations implementing subsections (a) through (c).

19 ‘‘Subpart 3—Definitions; Authorization of

20 Appropriations

21 ‘‘SEC. 1731. DEFINITIONS.

22 ‘‘In this part:

23 ‘‘(1) LOW-INCOME.—The term ‘low-income’, used

24 with respect to an individual, means an individual
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1 determined to be low-income in accordance with

2 measures described in section 1113(a)(5).

3 ‘‘(2) SCHOOL DROPOUT.—The term ‘school drop4 out’ has the meaning given the term in section 4(17)

5 of the School-to-Work Opportunities Act of 1994.

6 ‘‘SEC. 1732. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘(a) SUBPART 1.—There are authorized to be appro8 priated to carry out subpart 1, $5,000,000 for fiscal year

9 2001 and such sums as may be necessary for each of the

10 4 succeeding fiscal years.

11 ‘‘(b) SUBPART 2.—There are authorized to be appro12 priated to carry out subpart 2, $145,000,000 for fiscal year

13 2001 and such sums as may be necessary for each of the

14 4 succeeding fiscal years, of which—

15 ‘‘(1) $125,000,000 shall be available to carry out

16 section 1721; and

17 ‘‘(2) $20,000,000 shall be available to carry out

18 section 1722.’’.

19 TITLE II—PROFESSIONAL

20 DEVELOPMENT FOR TEACHERS

21 SEC. 201. TEACHER QUALITY.

22 Title II (20 U.S.C. 6601 et seq.) is amended by strik23 ing the title heading and all that follows through part A

24 and inserting the following:
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1 ‘‘TITLE II—TEACHER QUALITY

2 ‘‘PART A—TEACHER EMPOWERMENT

3 ‘‘SEC. 2001. PURPOSE.

4 ‘‘The purpose of this part is to provide grants to States

5 and local educational agencies, in order to assist their ef6 forts to increase student academic achievement and student

7 performance through such strategies as improving teacher

8 quality.

9 ‘‘Subpart 1—Grants to States

10 ‘‘SEC. 2011. FORMULA GRANTS TO STATES.

11 ‘‘(a) IN GENERAL.—In the case of each State that, in

12 accordance with section 2014, submits to the Secretary and

13 obtains approval of an application for a fiscal year, the

14 Secretary shall make a grant for the year to the State for

15 the uses specified in section 2012. The grant shall consist

16 of the allotment determined for the State under subsection

17 (b).

18 ‘‘(b) DETERMINATION OF AMOUNT OF ALLOTMENT.—

19 ‘‘(1) RESERVATION OF FUNDS.—

20 ‘‘(A) IN GENERAL.—From the total amount

21 made available to carry out this subpart for any

22 fiscal year, the Secretary shall reserve—

‘‘(i) 1 23 ⁄2 of 1 percent for allotments for

24 the United States Virgin Islands, Guam,

25 American Samoa, and the Commonwealth
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1 of the Northern Mariana Islands, to be dis2 tributed among those outlying areas on the

3 basis of their relative need, as determined

4 by the Secretary in accordance with the

5 purpose of this part; and

‘‘(ii) 1 6 ⁄2 of 1 percent for the Secretary

7 of the Interior for programs under this part

8 for professional development activities for

9 teachers and other staff in schools operated

10 or funded by the Bureau of Indian Affairs.

11 ‘‘(B) LIMITATION.—In reserving an amount

12 for the purposes described in clauses (i) and (ii)

13 of subparagraph (A) for a fiscal year, the Sec14 retary shall not reserve more than the total

15 amount the outlying areas and the schools oper16 ated or funded by the Bureau of Indian Affairs

17 received under the authorities described in para18 graph (2)(A)(i) for fiscal year 2000.

19 ‘‘(2) STATE ALLOTMENTS.—

20 ‘‘(A) HOLD HARMLESS.—

21 ‘‘(i) IN GENERAL.—Subject to subpara22 graph (B), from the total amount made

23 available to carry out this subpart for any

24 fiscal year and not reserved under para25 graph (1), the Secretary shall allot to each
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1 of the 50 States, the District of Columbia,

2 and the Commonwealth of Puerto Rico an

3 amount equal to the total amount that such

4 State received for fiscal year 2000 under—

5 ‘‘(I) section 2202(b) of this Act

6 (as in effect on the day before the date

7 of enactment of the Educational Op8 portunities Act); and

9 ‘‘(II) section 310 of the Depart10 ment of Education Appropriations Act,

11 2000 (as enacted by section 1000(a)(4)

12 of division B of Public Law 106–113).

13 ‘‘(ii) RATABLE REDUCTION.—If the

14 total amount made available to carry out

15 this subpart for any fiscal year and not re16 served under paragraph (1) is insufficient

17 to pay the full amounts that all States are

18 eligible to receive under clause (i) for any

19 fiscal year, the Secretary shall ratably re20 duce such amounts for such fiscal year.

21 ‘‘(B) ALLOTMENT OF ADDITIONAL FUNDS.—

22 ‘‘(i) IN GENERAL.—Subject to clause

23 (ii), for any fiscal year for which the total

24 amount made available to carry out this

25 subpart and not reserved under paragraph
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1 (1) exceeds the total amount made available

2 to the 50 States, the District of Columbia,

3 and the Commonwealth of Puerto Rico for

4 fiscal year 2000 under the authorities de5 scribed in subparagraph (A)(i), the Sec6 retary shall allot to each of those States the

7 sum of—

8 ‘‘(I) an amount that bears the

9 same relationship to 50 percent of the

10 excess amount as the number of indi11 viduals age 5 through 17 in the State,

12 as determined by the Secretary on the

13 basis of the most recent satisfactory

14 data, bears to the number of those indi15 viduals in all such States, as so deter16 mined; and

17 ‘‘(II) an amount that bears the

18 same relationship to 50 percent of the

19 excess amount as the number of indi20 viduals age 5 through 17 from families

21 with incomes below the poverty line in

22 the State, as determined by the Sec23 retary on the basis of the most recent

24 satisfactory data, bears to the number
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1 of those individuals in all such States,

2 as so determined.

3 ‘‘(ii) EXCEPTION.—No State receiving

4 an allotment under clause (i) may receive

less than 1 5 ⁄2 of 1 percent of the total excess

6 amount allotted under clause (i) for a fiscal

7 year.

8 ‘‘(3) REALLOTMENT.—If any State does not

9 apply for an allotment under this subsection for any

10 fiscal year, the Secretary shall reallot such amount to

11 the remaining States in accordance with this sub12 section.

13 ‘‘SEC. 2012. ALLOCATIONS WITHIN STATES.

14 ‘‘(a) USE OF FUNDS.—Each State receiving a grant

15 under this subpart shall use the funds provided under the

16 grant in accordance with this section to carry out activities

17 for the improvement of teaching and learning.

18 ‘‘(b) REQUIRED AND AUTHORIZED EXPENDITURES.—

19 ‘‘(1) REQUIRED EXPENDITURES.—The Secretary

20 may make a grant to a State under this subpart only

21 if the State agrees to expend not less than 90 percent

22 of the amount of the funds provided under the grant

23 for the purpose of making subgrants to local edu24 cational agencies and eligible partnerships (as defined

25 in section 2021(e)), in accordance with subsection (c).
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1 ‘‘(2) AUTHORIZED EXPENDITURES.—A State

2 that receives a grant under this subpart may expend

3 a portion equal to not more than 10 percent of the

4 amount of the funds provided under the grant for 1

5 or more of the authorized State activities described in

6 section 2013 or to make grants to eligible partner7 ships to enable the partnerships to carry out subpart

8 2 (but not more than 5 percent of such portion may

9 be used for planning and administration related to

10 carrying out such purpose).

11 ‘‘(c) DISTRIBUTION OF SUBGRANTS TO LOCAL EDU12 CATIONAL AGENCIES AND ELIGIBLE PARTNERSHIPS.—

13 ‘‘(1) ALLOCATIONS TO LOCAL EDUCATIONAL

14 AGENCIES.—

15 ‘‘(A) IN GENERAL.—A State receiving a

16 grant under this subpart shall distribute a por17 tion equal to 95 percent of the amount described

18 in subsection (b)(1) by allocating to each eligible

19 local educational agency the sum of—

20 ‘‘(i) an amount that bears the same re21 lationship to 25 percent of the portion as

22 the number of individuals enrolled in public

23 and private nonprofit elementary schools

24 and secondary schools in the geographic

25 area served by the agency bears to the num-
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1 ber of those individuals in the geographic

2 areas served by all the local educational

3 agencies in the State; and

4 ‘‘(ii) an amount that bears the same

5 relationship to 75 percent of the portion as

6 the number of individuals age 5 through 17

7 from families with incomes below the pov8 erty line, in the geographic area served by

9 the agency, as determined by the Secretary

10 on the basis of the most recent satisfactory

11 data, bears to the number of those individ12 uals in the geographic areas served by all

13 the local educational agencies in the State,

14 as so determined.

15 ‘‘(B) USE OF FUNDS.—The State shall make

16 subgrants to local educational agencies from allo17 cations made under this paragraph to enable the

18 agencies to carry out subpart 3.

19 ‘‘(2) COMPETITIVE SUBGRANTS TO ELIGIBLE

20 PARTNERSHIPS.—

21 ‘‘(A) COMPETITIVE PROCESS.—A State re22 ceiving a grant under this subpart shall transfer

23 a portion equal to 5 percent of the amount de24 scribed in subsection (b)(1) to the State agency
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1 for higher education, which shall distribute the

2 portion through a competitive process.

3 ‘‘(B) PARTICIPANTS.—The competitive proc4 ess carried out under subparagraph (A) shall be

5 open to eligible partnerships (as defined in sec6 tion 2021(e)).

7 ‘‘(C) USE OF FUNDS.—In distributing funds

8 under this paragraph, the State agency for high9 er education shall make subgrants to the eligible

10 partnerships to enable the partnerships to carry

11 out subpart 2 (but not more than 5 percent of

12 the funds made available to the eligible partner13 ships through the subgrants may be used for

14 planning and administration related to carrying

15 out such purpose).

16 ‘‘SEC. 2013. STATE USE OF FUNDS.

17 ‘‘(a) AUTHORIZED STATE ACTIVITIES.—The author18 ized State activities referred to in section 2012(b)(2) are

19 the following:

20 ‘‘(1) Reforming teacher certification (including

21 recertification) or licensing requirements to ensure

22 that—

23 ‘‘(A) teachers have the necessary teaching

24 skills and academic content knowledge in the
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1 academic subjects in which the teachers are as2 signed to teach;

3 ‘‘(B) the requirements are aligned with the

4 State’s challenging State content standards; and

5 ‘‘(C) teachers have the knowledge and skills

6 necessary to help students meet challenging State

7 student performance standards.

8 ‘‘(2) Carrying out programs that—

9 ‘‘(A) include support during the initial

10 teaching experience, such as mentoring pro11 grams; and

12 ‘‘(B) establish, expand, or improve alter13 native routes to State certification of teachers for

14 highly qualified individuals with a baccalaureate

15 degree, including mid-career professionals from

16 other occupations, paraprofessionals, former

17 military personnel, and recent college or univer18 sity graduates with records of academic distinc19 tion who demonstrate the potential to become

20 highly effective teachers.

21 ‘‘(3) Developing and implementing effective

22 mechanisms to assist local educational agencies and

23 schools in effectively recruiting and retaining highly

24 qualified and effective teachers and principals.
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1 ‘‘(4) Developing or improving systems of per2 formance measures to evaluate the effectiveness of pro3 fessional development programs and activities in im4 proving teacher quality, skills, and content knowledge,

5 and increasing student academic achievement and

6 student performance.

7 ‘‘(5) Developing or improving systems to evalu8 ate the impact of teachers on student academic

9 achievement and student performance.

10 ‘‘(6) Providing technical assistance to local edu11 cational agencies consistent with this part.

12 ‘‘(7) Funding projects to promote reciprocity of

13 teacher certification or licensure between or among

14 States, except that no reciprocity agreement developed

15 under this paragraph or developed using funds pro16 vided under this part may lead to the weakening of

17 any State teaching certification or licensing require18 ment.

19 ‘‘(8) Developing or assisting local educational

20 agencies or eligible partnerships (as defined in section

21 2021(e)) in the development and utilization of proven,

22 innovative strategies to deliver intensive professional

23 development programs and activities that are both

24 cost-effective and easily accessible, such as through the

25 use of technology and distance learning.
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1 ‘‘(9) Supporting activities to encourage and sup2 port teachers seeking national board certification

3 from the National Board for Professional Teaching

4 Standards or other recognized entities.

5 ‘‘(10) Providing professional development activi6 ties involving training in advanced placement in7 struction.

8 ‘‘(b) COORDINATION.—A State that receives a grant to

9 carry out this subpart and a grant under section 202 of

10 the Higher Education Act of 1965 shall coordinate the ac11 tivities carried out under this section and the activities car12 ried out under that section 202.

13 ‘‘SEC. 2014. APPLICATIONS BY STATES.

14 ‘‘(a) IN GENERAL.—To be eligible to receive a grant

15 under this subpart, a State shall submit an application to

16 the Secretary at such time, in such manner, and containing

17 such information as the Secretary may reasonably require.

18 ‘‘(b) CONTENTS.—Each application submitted under

19 this section shall include the following:

20 ‘‘(1) A description of how the State will ensure

21 that a local educational agency receiving a subgrant

22 to carry out subpart 3 will comply with the require23 ments of such subpart.
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1 ‘‘(2)(A) An assurance that the State will meas2 ure the annual progress of the local educational agen3 cies and schools in the State with respect to—

4 ‘‘(i) improving student academic achieve5 ment and student performance, in accordance

6 with content standards and student performance

7 standards established under part A of title I;

8 ‘‘(ii) closing academic achievement gaps, re9 flected in disaggregated data described in section

10 1111(b)(3)(I), between minority and non-minor11 ity groups and low-income and non-low-income

12 groups; and

13 ‘‘(iii) improving performance on other spe14 cific indicators for professional development,

15 such as increasing the percentage of classes in

16 core academic subjects that are taught by highly

17 qualified teachers.

18 ‘‘(B) An assurance that the State will require

19 each local educational agency and school in the State

20 receiving funds under this part to publicly report in21 formation on the agency’s or school’s annual progress,

22 measured as described in subparagraph (A).

23 ‘‘(3) A description of how the State will hold the

24 local educational agencies and schools accountable for
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1 making annual progress as described in paragraph

2 (2), subject to part A of title I.

3 ‘‘(4)(A) A description of how the State will co4 ordinate professional development activities author5 ized under this part with professional development

6 activities provided under other Federal, State, and

7 local programs, including those authorized under—

8 ‘‘(i) titles I and IV, part A of title V, and

9 part A of title VII; and

10 ‘‘(ii) where applicable, the Individuals with

11 Disabilities Education Act, the Carl D. Perkins

12 Vocational and Technical Education Act of 1998,

13 and title II of the Higher Education Act of 1965.

14 ‘‘(B) A description of the comprehensive strategy

15 that the State will use as part of the effort to carry

16 out the coordination, to ensure that teachers, para17 professionals, and principals are trained in the utili18 zation of technology so that technology and technology

19 applications are effectively used in the classroom to

20 improve teaching and learning in all curriculum

21 areas and academic subjects, as appropriate.

22 ‘‘(5) A description of how the State will encour23 age the development of proven, innovative strategies to

24 deliver intensive professional development programs

25 that are both cost-effective and easily accessible, such
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1 as through the use of technology and distance learn2 ing.

3 ‘‘(6) A description of how the activities to be car4 ried out by the State under this subpart will be based

5 on a review of relevant research and an explanation

6 of why the activities are expected to improve student

7 performance and outcomes.

8 ‘‘(c) APPLICATION SUBMISSION.—A State application

9 submitted to the Secretary under this section shall be ap10 proved by the Secretary unless the Secretary makes a writ11 ten determination, within 90 days after receiving the appli12 cation, that the application is in violation of the provisions

13 of this Act.

14 ‘‘Subpart 2—Subgrants to Eligible Partnerships

15 ‘‘SEC. 2021. PARTNERSHIP GRANTS.

16 ‘‘(a) IN GENERAL.—From the portion described in sec17 tion 2012(c)(2)(A), the State agency for higher education,

18 working in conjunction with the State educational agency

19 (if such agencies are separate), shall award subgrants on

20 a competitive basis under section 2012(c) to eligible part21 nerships to enable such partnerships to carry out activities

22 described in subsection (b). The State agency for higher edu23 cation shall ensure that such subgrants shall be equitably

24 distributed by geographic area within the State, or ensure
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1 that eligible partnerships in all geographic areas within the

2 State are served through the grants.

3 ‘‘(b) USE OF FUNDS.—An eligible partnership that re4 ceives funds under section 2012 shall use the funds for—

5 ‘‘(1) professional development activities in core

6 academic subjects to ensure that teachers, paraprofes7 sionals, and, if appropriate, principals have content

8 knowledge in the academic subjects that the teachers

9 teach; and

10 ‘‘(2) developing and providing assistance to local

11 educational agencies and individuals who are teach12 ers, paraprofessionals or principals of public and pri13 vate schools served by each such agency, for sustained,

14 high-quality professional development activities

15 that—

16 ‘‘(A) ensure that the agencies and individ17 uals are able to use State content standards, per18 formance standards, and assessments to improve

19 instructional practices and improve student aca20 demic achievement and student performance; and

21 ‘‘(B) may include intensive programs de22 signed to prepare such individuals who will re23 turn to a school to provide such instruction to

24 other such individuals within such school.
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1 ‘‘(c) SPECIAL RULE.—No single participant in an eli2 gible partnership may use more than 50 percent of the funds

3 made available to the partnership under section 2012.

4 ‘‘(d) COORDINATION.—An eligible partnership that re5 ceives a grant to carry out this subpart and a grant under

6 section 203 of the Higher Education Act of 1965 shall co7 ordinate the activities carried out under this section and

8 the activities carried out under that section 203.

9 ‘‘(e) ELIGIBLE PARTNERSHIP.—In this section, the

10 term ‘eligible partnership’ means an entity that—

11 ‘‘(1) shall include—

12 ‘‘(A) a private or State institution of higher

13 education and the division of the institution that

14 prepares teachers;

15 ‘‘(B) a school of arts and sciences; and

16 ‘‘(C) a high need local educational agency;

17 and

18 ‘‘(2) may include other local educational agen19 cies, a public charter school, a public or private ele20 mentary school or secondary school, an educational

21 service agency, a public or private nonprofit edu22 cational organization, other institutions of higher

23 education, a school of arts and sciences within such

24 an institution, the division of such an institution that

25 prepares teachers, a nonprofit cultural organization,
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1 an entity carrying out a prekindergarten program, a

2 teacher organization, or a business.

3 ‘‘Subpart 3—Subgrants to Local Educational

4 Agencies

5 ‘‘SEC. 2031. LOCAL USE OF FUNDS.

6 ‘‘(a) REQUIRED ACTIVITIES.—

7 ‘‘(1) IN GENERAL.—Each local educational agen8 cy that receives a subgrant to carry out this subpart

9 shall use the subgrant to carry out the activities de10 scribed in this subsection.

11 ‘‘(2) REQUIRED PROFESSIONAL DEVELOPMENT

12 ACTIVITIES.—

13 ‘‘(A) MATHEMATICS AND SCIENCE.—

14 ‘‘(i) IN GENERAL.—Each local edu15 cational agency that receives a subgrant to

16 carry out this subpart shall use a portion of

17 the funds made available through the

18 subgrant for professional development ac19 tivities in mathematics and science in ac20 cordance with section 2032.

21 ‘‘(ii) GRANDFATHER OF OLD WAIV22 ERS.—A waiver provided to a local edu23 cational agency under part D of title XIV

24 prior to the date of enactment of the Edu25 cational Opportunities Act shall be deemed
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1 to be in effect until such time as the waiver

2 otherwise would have ceased to be effective.

3 ‘‘(B) PROFESSIONAL DEVELOPMENT ACTIVI4 TIES.—Each local educational agency that re5 ceives a subgrant to carry out this subpart shall

6 use a portion of the funds made available

7 through the subgrant for professional develop8 ment activities that give teachers, paraprofes9 sionals, and principals the knowledge and skills

10 to provide students with the opportunity to meet

11 challenging State or local content standards and

12 student performance standards. Such activities

13 shall be consistent with section 2032.

14 ‘‘(b) ALLOWABLE ACTIVITIES.—Each local educational

15 agency that receives a subgrant to carry out this subpart

16 may use the funds made available through the subgrant to

17 carry out the following activities:

18 ‘‘(1) Recruiting and hiring certified or licensed

19 teachers, including teachers certified through State

20 and local alternative routes, in order to reduce class

21 size, or hiring special education teachers.

22 ‘‘(2) Initiatives to assist in recruitment of highly

23 qualified teachers who will be assigned teaching posi24 tions within their fields, including—
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1 ‘‘(A) providing signing bonuses or other fi2 nancial incentives, such as differential pay, for

3 teachers to teach in academic subjects in which

4 there exists a shortage of such teachers within a

5 school or the area served by the local educational

6 agency;

7 ‘‘(B) establishing programs that—

8 ‘‘(i) recruit professionals from other

9 fields and provide such professionals with

10 alternative routes to teacher certification;

11 and

12 ‘‘(ii) provide increased opportunities

13 for minorities, individuals with disabilities,

14 and other individuals underrepresented in

15 the teaching profession; and

16 ‘‘(C) implementing hiring policies that en17 sure comprehensive recruitment efforts as a way

18 to expand the applicant pool of teachers, such as

19 identifying teachers certified through alternative

20 routes, and by implementing a system of inten21 sive screening designed to hire the most qualified

22 applicants.

23 ‘‘(3) Initiatives to promote retention of highly

24 qualified teachers and principals, including—
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1 ‘‘(A) programs that provide mentoring to

2 newly hired teachers, such as mentoring from

3 master teachers, and to newly hired principals;

4 and

5 ‘‘(B) programs that provide other incen6 tives, including financial incentives, to retain

7 teachers who have a record of success in helping

8 low-achieving students improve their academic

9 success.

10 ‘‘(4) Programs and activities that are designed

11 to improve the quality of the teacher force, and the

12 abilities of paraprofessionals and principals, such

13 as—

14 ‘‘(A) innovative professional development

15 programs (which may be through partnerships

16 including institutions of higher education), in17 cluding programs that train teachers, para18 professionals, and principals to utilize tech19 nology to improve teaching and learning, that

20 are consistent with the requirements of section

21 2032;

22 ‘‘(B) development and utilization of proven,

23 cost-effective strategies for the implementation of

24 professional development activities, such as
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1 through the utilization of technology and dis2 tance learning;

3 ‘‘(C) professional development programs

4 that provide instruction in how to teach children

5 with different learning styles, particularly chil6 dren with disabilities and children with special

7 learning needs (including children who are gifted

8 and talented); and

9 ‘‘(D) professional development programs

10 that provide instruction in how best to discipline

11 children in the classroom and identify early and

12 appropriate interventions to help children de13 scribed in subparagraph (C) to learn.

14 ‘‘(5) Activities that provide teacher opportunity

15 payments, consistent with section 2033.

16 ‘‘SEC. 2032. PROFESSIONAL DEVELOPMENT FOR TEACHERS.

17 ‘‘(a) LIMITATION RELATING TO CURRICULUM AND

18 ACADEMIC SUBJECTS.—

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), funds made available to carry out this sub21 part may be provided for a teacher, paraprofessional,

22 or principal, and a professional development activity,

23 only if the activity is—
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1 ‘‘(A) directly related to the curriculum and

2 academic subjects in which a teacher provides

3 instruction; or

4 ‘‘(B) designed to enhance the ability of a

5 teacher, paraprofessional, or principal to under6 stand and use State standards for the academic

7 subjects in which a teacher provides instruction.

8 ‘‘(2) EXCEPTION.—Paragraph (1) shall not be

9 construed to prohibit the use of the funds for profes10 sional development activities that provide instruction

11 described in subparagraphs (C) and (D) of section

12 2031(b)(4).

13 ‘‘(b) OTHER REQUIREMENTS.—Professional develop14 ment activities provided under this subpart—

15 ‘‘(1) shall be tied to challenging State or local

16 content standards and student performance stand17 ards;

18 ‘‘(2) shall be tied to strategies and programs that

19 demonstrate effectiveness in increasing student aca20 demic achievement and student performance, or sub21 stantially increasing the knowledge and teaching

22 skills of the teachers participating in the activities;

23 ‘‘(3) in the case of activities for teachers, shall be

24 of sufficient intensity and duration to have a positive

25 and lasting impact on the performance of a teacher
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1 in the classroom (which shall not include 1-day or

2 short-term workshops and conferences), except that

3 this paragraph shall not apply to an activity if such

4 activity is 1 component described in a long-term com5 prehensive professional development plan established

6 by the teacher and the teacher’s supervisor based upon

7 an assessment of the needs of the teacher, the students

8 of the teacher, and the local educational agency in9 volved; and

10 ‘‘(4) shall be developed with extensive participa11 tion of teachers, paraprofessionals, and principals of

12 schools to be served under this part.

13 ‘‘(c) ACCOUNTABILITY AND REQUIRED PAYMENTS.—

14 ‘‘(1) IN GENERAL.—If, at the end of any fiscal

15 year, a State determines that a local educational

16 agency has failed to make progress in accordance with

17 section 2014(b)(2) during the fiscal year, the State

18 shall notify the local educational agency that the

19 agency shall be subject to the requirement of para20 graph (3).

21 ‘‘(2) TECHNICAL ASSISTANCE.—A local edu22 cational agency that receives notification pursuant to

23 paragraph (1) may request technical assistance from

24 the State in order to provide the opportunity for such
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1 local educational agency to make progress in accord2 ance with section 2014(b)(2).

3 ‘‘(3) REQUIREMENT TO PROVIDE TEACHER OP4 PORTUNITY PAYMENTS.—

5 ‘‘(A) IN GENERAL.—A local educational

6 agency that receives notification pursuant to

7 paragraph (1) with respect to any 2 consecutive

8 fiscal years shall expend under section 2033 for

9 the succeeding fiscal year a proportion of the

10 funds made available to the agency to carry out

11 this subpart equal to the proportion of such

12 funds expended by the agency for professional de13 velopment activities for the second fiscal year for

14 which the agency received the notification.

15 ‘‘(B) REQUESTS.—On request by a group of

16 teachers in schools served by the local edu17 cational agency, the agency shall use a portion

18 of the funds provided to the agency to carry out

19 this subpart, to provide payments in accordance

20 with section 2033.

21 ‘‘(4) SPECIAL RULE.—

22 ‘‘(A) SUBSEQUENT YEARS OF PROGRESS.—

23 A local educational agency that receives notifica24 tion from the State pursuant to paragraph (1)

25 with respect to a fiscal year and makes progress
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1 in accordance with section 2014(b)(2) for at least

2 the 2 subsequent years shall not be required to

3 provide payments in accordance with section

4 2033 for the next subsequent year.

5 ‘‘(B) SUBSEQUENT YEARS WITHOUT

6 PROGRESS.—A local educational agency that re7 ceives notification from the State pursuant to

8 paragraph (1) with respect to a fiscal year and

9 fails to make progress in accordance with section

10 2014(b)(2) for at least the 2 subsequent fiscal

11 years shall request the technical assistance de12 scribed in paragraph (2) from the State for the

13 next subsequent year.

14 ‘‘(d) DEFINITION.—In this section, the term ‘profes15 sional development activity’ means an activity described in

16 subsection (a)(2) or (b)(4) of section 2031.

17 ‘‘SEC. 2033. TEACHER OPPORTUNITY PAYMENTS.

18 ‘‘(a) IN GENERAL.—A local educational agency receiv19 ing funds to carry out this subpart may (or in the case

20 of section 2032(c)(3), shall) provide payments directly to

21 a teacher or a group of teachers seeking opportunities to

22 participate in a professional development activity of their

23 choice that meets the criteria set forth in subsections (a)

24 and (b) of section 2032.
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1 ‘‘(b) NOTICE TO TEACHERS.—Each local educational

2 agency distributing payments under this section—

3 ‘‘(1) shall establish and implement a timely

4 process through which proper notice of availability of

5 the payments will be given to all teachers in schools

6 served by the agency; and

7 ‘‘(2) shall develop a process through which teach8 ers will be specifically recommended by principals to

9 participate in such opportunities by virtue of—

10 ‘‘(A) the teachers’ lack of full certification

11 or licensing to teach the academic subjects in

12 which the teachers teach; or

13 ‘‘(B) the teachers’ need for additional assist14 ance to ensure that their students make progress

15 toward meeting challenging State content stand16 ards and student performance standards.

17 ‘‘(c) SELECTION OF TEACHERS.—In the event ade18 quate funding is not available to provide payments under

19 this section to all teachers seeking such payments, or rec20 ommended under subsection (b)(2), a local educational

21 agency shall establish procedures for selecting teachers for

22 the payments, which shall provide priority for those teach23 ers recommended under subsection (b)(2).

24 ‘‘(d) ELIGIBLE ACTIVITY.—A teacher receiving a pay25 ment under this section shall have the choice of attending
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1 any professional development activity that meets the cri2 teria set forth in subsections (a) and (b) of section 2032,

3 as determined by the State involved.

4 ‘‘SEC. 2034. LOCAL APPLICATIONS.

5 ‘‘(a) IN GENERAL.—A local educational agency seeking

6 to receive a subgrant from a State to carry out this subpart

7 shall submit an application to the State at such time as

8 the State shall require.

9 ‘‘(b) LOCAL APPLICATION CONTENTS.—The local ap10 plication described in subsection (a) shall include, at a

11 minimum, the following:

12 ‘‘(1) A description of how the local educational

13 agency intends to use funds provided to carry out this

14 subpart.

15 ‘‘(2) An assurance that the local educational

16 agency will target funds to schools served by the local

17 educational agency that—

18 ‘‘(A) have the lowest proportions of highly

19 qualified teachers;

20 ‘‘(B) are identified for school improvement

21 under section 1116(c); or

22 ‘‘(C) are identified for school improvement

23 in accordance with other measures of school

24 quality as determined and documented by the

25 local educational agency.
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1 ‘‘(3) A description of how the local educational

2 agency will coordinate professional development ac3 tivities authorized under this subpart with profes4 sional development activities provided through other

5 Federal, State, and local programs, including those

6 authorized under—

7 ‘‘(A) titles I and IV, part A of title V, and

8 part A of title VII; and

9 ‘‘(B) where applicable, the Individuals with

10 Disabilities Education Act, the Carl D. Perkins

11 Vocational and Technical Education Act of 1998,

12 and title II of the Higher Education Act of 1965.

13 ‘‘(4) A description of how the local educational

14 agency will integrate funds received to carry out this

15 subpart with funds received under part A of title V

16 that are used for professional development to train

17 teachers, paraprofessionals, and principals in how to

18 use technology to improve learning and teaching.

19 ‘‘(5) A description of how the local educational

20 agency has collaborated with teachers, paraprofes21 sionals, principals, and parents in the preparation of

22 the application.

23 ‘‘(6) A description of how the activities to be car24 ried out by the local educational agency under this

25 subpart will be based on a review of relevant research
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1 and an explanation of why the activities are expected

2 to improve student performance and outcomes.

3 ‘‘Subpart 4—National Activities

4 ‘‘SEC. 2041. ALTERNATIVE ROUTES TO TEACHING AND PRO5 MOTING EXCELLENCE IN TEACHING.

6 ‘‘(a) TEACHER EXCELLENCE ACADEMIES.—

7 ‘‘(1) IN GENERAL.—The Secretary may award

8 grants on a competitive basis to eligible consortia to

9 carry out activities described in this subsection.

10 ‘‘(2) USE OF FUNDS.—

11 ‘‘(A) IN GENERAL.—An eligible consortium

12 receiving funds under this subsection shall use

13 the funds to pay the costs associated with the es14 tablishment or expansion of a teacher academy,

15 in an elementary school or secondary school fa16 cility, that carries out—

17 ‘‘(i) the activities promoting alter18 native routes to teacher certification speci19 fied in subparagraph (B); or

20 ‘‘(ii) the model professional develop21 ment activities specified in subparagraph

22 (C).

23 ‘‘(B) PROMOTING ALTERNATIVE ROUTES TO

24 TEACHER CERTIFICATION.—The activities pro25 moting alternative routes to teacher certification
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1 shall, to the extent practicable, provide opportu2 nities for highly qualified individuals with a

3 baccalaureate degree (including mid-career pro4 fessionals from other occupations, paraprofes5 sionals, former military personnel, and recent

6 college or university graduates with records of

7 academic distinction) to enter the teaching field,

8 through activities such as—

9 ‘‘(i) providing stipends, in exchange

10 for fulfillment of a reasonable service re11 quirement, to the highly qualified individ12 uals, to permit the individuals to fill teach13 ing needs in academic subjects in which

14 there is a demonstrated shortage of teachers;

15 ‘‘(ii) providing for the recruitment and

16 hiring of master teachers to mentor and

17 train student teachers within such acad18 emies; or

19 ‘‘(iii) carrying out other activities that

20 promote and strengthen alternative routes to

21 teacher certification.

22 ‘‘(C) MODEL PROFESSIONAL DEVELOP23 MENT.—The model professional development ac24 tivities shall be activities providing ongoing pro-
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1 fessional development opportunities for teachers,

2 such as—

3 ‘‘(i) innovative programs and model

4 curricula in the area of professional devel5 opment, which may serve as models to be

6 disseminated to other schools and local edu7 cational agencies; and

8 ‘‘(ii) the development of innovative

9 techniques for evaluating the effectiveness of

10 professional development programs.

11 ‘‘(3) GRANT FOR SPECIAL CONSORTIUM.—In

12 making grants under this subsection, the Secretary

13 shall award not less than 1 grant to an eligible con14 sortium that—

15 ‘‘(A) includes a high need local educational

16 agency located in a rural area; and

17 ‘‘(B) proposes activities that involve the ex18 tensive use of distance learning in order to pro19 vide the applicable course work to student teach20 ers.

21 ‘‘(4) SPECIAL RULE.—No single participant in

22 an eligible consortium may use more than 50 percent

23 of the funds made available to the consortium under

24 this subsection.
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1 ‘‘(5) APPLICATION.—To be eligible to receive a

2 grant under this subsection, an eligible consortium

3 shall submit an application to the Secretary at such

4 time, in such manner, and containing such informa5 tion as the Secretary may reasonably require.

6 ‘‘(6) ELIGIBLE CONSORTIUM.—In this subsection,

7 the term ‘eligible consortium’ means a consortium for

8 a State that—

9 ‘‘(A) shall include—

10 ‘‘(i) the State agency responsible for

11 certifying or licensing teachers;

12 ‘‘(ii) not less than 1 high need local

13 educational agency;

14 ‘‘(iii) a school of arts and sciences; and

15 ‘‘(iv) an institution that prepares

16 teachers; and

17 ‘‘(B) may include local educational agen18 cies, public charter schools, public or private ele19 mentary schools or secondary schools, edu20 cational service agencies, public or private non21 profit educational organizations, museums, or

22 businesses.

23 ‘‘(b) NATIONAL BOARD FOR PROFESSIONAL TEACHING

24 STANDARDS.—
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1 ‘‘(1) NATIONAL BOARD CERTIFICATION.—The

2 Secretary may award grants to the National Board

3 for Professional Teaching Standards to enable the

4 Board to complete a system of national board certifi5 cation. The Secretary may award grants for fiscal

6 year 2001.

7 ‘‘(2) ADVANCED CERTIFICATION OR

8 CREDENTIALING.—The Secretary may support activi9 ties to encourage and support teachers seeking ad10 vanced certification or advanced credentialing

11 through high quality professional teacher enhance12 ment programs designed to improve teaching and

13 learning.

14 ‘‘(c) TEACHER TRAINING IN MATHEMATICS AND

15 SCIENCE.—

16 ‘‘(1) IN GENERAL.—The Secretary may award

17 grants, on a competitive basis, to eligible entities to

18 support and promote the establishment of teacher

19 training programs relating to the core subject areas

20 of mathematics and science.

21 ‘‘(2) USE OF FUNDS.—The programs shall in22 clude teacher training with respect to the establish23 ment of mentoring programs, model programs, or

24 other programs, that encourage students, including

25 young women, to pursue demanding careers and post-
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1 secondary degrees in mathematics and science, includ2 ing engineering and technology.

3 ‘‘(3) DEVELOPMENT.—In carrying out a teacher

4 training program under this section, the eligible enti5 ty may carry out a program jointly developed by the

6 entity and by a business, an industry, or an institu7 tion of higher education.

8 ‘‘(4) APPLICATION.—To be eligible to receive a

9 grant under this subsection, an entity shall submit an

10 application to the Secretary at such time, in such

11 manner, and containing such information as the Sec12 retary may require.

13 ‘‘(d) EISENHOWER NATIONAL CLEARINGHOUSE FOR

14 MATHEMATICS AND SCIENCE EDUCATION.—

15 ‘‘(1) IN GENERAL.—The Secretary may award a

16 grant or contract, in consultation with the Director

17 of the National Science Foundation, to an entity to

18 continue the Eisenhower National Clearinghouse for

19 Mathematics and Science Education (referred to in

20 this subsection as the ‘Clearinghouse’).

21 ‘‘(2) USE OF FUNDS.—

22 ‘‘(A) IN GENERAL.—The Clearinghouse may

23 use the funds made available through the grant

24 or contract to carry out the functions of the
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1 Clearinghouse, as of the date of enactment of the

2 Educational Opportunities Act.

3 ‘‘(B) LANGUAGE ARTS; SOCIAL STUDIES.—

4 The Clearinghouse may also use the funds to pro5 vide information and resources in the areas of

6 language arts and social studies.

7 ‘‘(C) QUALITATIVE AND EVALUATIVE MATE8 RIALS AND PROGRAMS.—The Clearinghouse may

9 also use the funds to collect (in consultation with

10 the Secretary, national teacher associations, pro11 fessional associations, and other reviewers and

12 developers of educational materials and pro13 grams) qualitative and evaluative materials and

14 programs for the Clearinghouse, review the eval15 uation of the materials and programs, rank the

16 effectiveness of the materials and programs on

17 the basis of the evaluations, and distribute the

18 results of the reviews to teachers in an easily ac19 cessible manner. Nothing in this subparagraph

20 shall be construed to permit the Clearinghouse to

21 directly conduct an evaluation of the qualitative

22 and evaluative materials or programs.

23 ‘‘(e) TROOPS-TO-TEACHERS PROGRAM.—

24 ‘‘(1) PURPOSE.—The purpose of this subsection

25 is to authorize a mechanism for the funding and ad-
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1 ministration of the Troops-to-Teachers Program es2 tablished by the Troops-to-Teachers Program Act of

3 1999 (title XVII of the National Defense Authoriza4 tion Act for Fiscal Year 2000).

5 ‘‘(2) TRANSFER OF FUNDS FOR ADMINISTRATION

6 OF PROGRAM.—To the extent that funds are made

7 available under this Act for the Troops-to-Teachers

8 Program, the Secretary of Education shall use the

9 funds to enter into a contract with the Defense Activ10 ity for Non-Traditional Education Support of the De11 partment of Defense. The Defense Activity shall use

12 the amounts made available through the contract to

13 perform the actual administration of the Troops-to14 Teachers Program, including the selection of partici15 pants in the Program under section 1704 of the

16 Troops-to-Teachers Program Act of 1999. The Sec17 retary of Education may retain a portion of the

18 funds to identify local educational agencies with con19 centrations of children from low-income families or

20 with teacher shortages and States with alternative

21 certification or licensure requirements, as required by

22 section 1702 of such Act.
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1 ‘‘Subpart 5—Funding

2 ‘‘SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.

3 ‘‘(a) FISCAL YEAR 2001.—There are authorized to be

4 appropriated to carry out this part $2,000,000,000 for fis5 cal year 2001, of which $40,000,000 shall be available to

6 carry out subpart 4.

7 ‘‘(b) OTHER FISCAL YEARS.—There are authorized to

8 be appropriated to carry out this part such sums as may

9 be necessary for each of fiscal years 2002 through 2005.

10 ‘‘Subpart 6—General Provisions

11 ‘‘SEC. 2061. DEFINITIONS.

12 ‘‘In this part:

13 ‘‘(1) ARTS AND SCIENCES.—The term ‘arts and

14 sciences’ has the meaning given the term in section

15 201(b) of the Higher Education Act of 1965.

16 ‘‘(2) CORE ACADEMIC SUBJECTS.—The term ‘core

17 academic subjects’ means those subjects listed under

18 the third of the America’s Education Goals.

19 ‘‘(3) HIGHLY QUALIFIED.—The term ‘highly

20 qualified’ means—

21 ‘‘(A) with respect to an elementary school

22 teacher, a teacher—

23 ‘‘(i) with an academic major in the

24 arts and sciences; or
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1 ‘‘(ii) who can demonstrate competence

2 through a high level of performance in core

3 academic subjects; and

4 ‘‘(B) with respect to a secondary school

5 teacher, a teacher—

6 ‘‘(i) with an academic major in the

7 academic subject in which the teacher teach8 es or in a related field;

9 ‘‘(ii) who can demonstrate a high level

10 of competence through rigorous academic

11 subject tests; or

12 ‘‘(iii) who can demonstrate competence

13 through a high level of performance in rel14 evant content areas.

15 ‘‘(4) HIGH NEED LOCAL EDUCATIONAL AGEN16 CY.—The term ‘high need local educational agency’

17 has the meaning given the term in section 201(b) of

18 the Higher Education Act of 1965.

19 ‘‘(5) OUT-OF-FIELD TEACHER.—The term ‘out-of20 field teacher’ means a teacher—

21 ‘‘(A) teaching an academic subject for which

22 the teacher is not highly qualified, as determined

23 by the State involved; or
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1 ‘‘(B) who did not receive a degree from an

2 institution of higher education with a major or

3 minor in the field in which the teacher teaches.

4 ‘‘(6) POVERTY LINE.—The term ‘poverty line’

5 means the poverty line (as defined by the Office of

6 Management and Budget and revised annually in ac7 cordance with section 673(2) of the Community Serv8 ices Block Grant Act) applicable to a family of the

9 size involved.

10 ‘‘(7) STATE.—The term ‘State’, used with respect

11 to an individual, entity, or agency, means—

12 ‘‘(A) except as provided in subparagraph

13 (B), the Governor of a State (as defined in sec14 tion 3); or

15 ‘‘(B) in the case of a State (as so defined)

16 for which the constitution or law of the State

17 designates another individual, entity, or agency

18 in the State to be responsible for elementary and

19 secondary education programs, such individual,

20 entity, or agency.’’.

21 SEC. 202. LEADERSHIP EDUCATION AND DEVELOPMENT

22 PROGRAM.

23 Part B of title II (20 U.S.C. 6641 et seq.) is amended

24 to read as follows:
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1 ‘‘PART B—LEADERSHIP EDUCATION AND

2 DEVELOPMENT PROGRAM

3 ‘‘SEC. 2201. LEADERSHIP PROGRAMS.

4 ‘‘(a) DEFINITION.—In this section, the term ‘school

5 leader’ means an elementary school or secondary school su6 perintendent, principal, assistant principal, or teacher, or

7 another individual in a management or leadership position

8 with a State or region of a State whose work directly im9 pacts teaching and learning relating to elementary or sec10 ondary education.

11 ‘‘(b) GRANTS.—The Secretary shall award grants to

12 eligible entities (including State educational agencies, insti13 tutions of higher education, local educational agencies, and

14 nonprofit educational organizations) and consortia of such

15 entities to enable such entities or consortia to pay for the

16 Federal share of the cost of providing professional develop17 ment services for school leaders to develop or enhance the

18 leadership skills of the school leaders. In providing the serv19 ices, the entities and consortia shall work in cooperation

20 with school leaders and other appropriate individuals.

21 ‘‘(c) AWARD BASIS.—The Secretary shall award a

22 grant under this section to an eligible entity or consortium

23 on the basis of criteria that include—

24 ‘‘(1) the quality of the proposed use of the grant

25 funds;
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1 ‘‘(2) the educational need of the State, commu2 nity, or region to be served under the grant; and

3 ‘‘(3) the need for equitable distribution of the

4 grants among urban and rural communities and

5 school districts, and equitable geographic representa6 tion of regions of the United States.

7 ‘‘(d) APPLICATION.—To be eligible to receive a grant

8 under this section, an eligible entity or consortium shall

9 prepare and submit to the Secretary an application at such

10 time, in such manner, and containing such information as

11 the Secretary may require, including an assurance that

12 school leaders were involved in developing the application

13 and determining the proposed use of the grant funds.

14 ‘‘(e) USE OF FUNDS.—

15 ‘‘(1) IN GENERAL.—An eligible entity or consor16 tium that receives a grant under this section shall use

17 funds received through the grant to provide assistance

18 for training, education, and other activities to in19 crease the leadership and other skills of school leaders.

20 ‘‘(2) SPECIFIC ACTIVITIES.—In order to improve

21 the quality of education delivered to the children in

22 the State, community, or region in which the entity

23 or consortium is located, the entity or consortium

24 shall use the funds received through the grant for ac25 tivities that include—
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1 ‘‘(A) providing school leaders with effective

2 leadership, management, and instructional skills

3 and practices;

4 ‘‘(B) enhancing and developing the school

5 management and business skills of school leaders;

6 ‘‘(C) improving the understanding of school

7 leaders of the effective use of educational tech8 nology;

9 ‘‘(D) improving the knowledge of school

10 leaders regarding challenging State content and

11 performance standards;

12 ‘‘(E) encouraging highly qualified individ13 uals to become school leaders and developing and

14 enhancing the instructional, leadership, school

15 management, parent and community involve16 ment, mentoring, and staff evaluation skills of

17 school leaders; and

18 ‘‘(F) establishing sustained and rigorous

19 support for mentorships and for developing a

20 network of school leaders within the State with

21 the goal of strengthening and improving the

22 leadership of school leaders.

23 ‘‘(f) FEDERAL SHARE.—
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1 ‘‘(1) IN GENERAL.—The Federal share of the cost

2 described in subsection (b) shall be not more than 80

3 percent.

4 ‘‘(2) NON-FEDERAL SHARE.—An entity or con5 sortium may provide the non-Federal share of the cost

6 in cash or in kind, fairly evaluated, including plant,

7 equipment, or services.

8 ‘‘(3) WAIVERS.—The Secretary may grant waiv9 ers of paragraph (1) for entities or consortia serving

10 low-income areas, as determined by the Secretary.

11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out this section

13 $100,000,000 for fiscal year 2001 and such sums as may

14 be necessary for the 4 subsequent fiscal years.’’.

15 SEC. 203. READING EXCELLENCE.

16 (a) PART HEADING.—The part heading for part C of

17 title II (20 U.S.C. 6661 et seq.) is amended to read as fol18 lows:

19 ‘‘PART C—READING EXCELLENCE ACT’’.

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

21 2260(a) (20 U.S.C. 6661i(a)) is amended by adding at the

22 end the following:

23 ‘‘(3) FISCAL YEARS 2001 THROUGH 2004.—There

24 are authorized to be appropriated to carry out this

25 part $280,000,000 for fiscal year 2001 and such sums
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1 as may be necessary for the 4 subsequent fiscal

2 years.’’.

3 (c) SHORT TITLE.—Part C of title II (20 U.S.C. 6661

4 et seq.) is amended by adding at the end the following:

5 ‘‘SEC. 2261. SHORT TITLE.

6 ‘‘This part may be cited as the ‘Reading Excellence

7 Act’.’’.

8 SEC. 204. NATIONAL WRITING PROJECT.

9 Part D of title II (20 U.S.C. 6671 et seq.) is amended

10 to read as follows:

11 ‘‘PART D—NATIONAL WRITING PROJECT

12 ‘‘SEC. 2301. PURPOSE.

13 ‘‘The purpose of this part is—

14 ‘‘(1) to support and promote the expansion of the

15 National Writing Project network of sites so that

16 teachers in every region of the United States will have

17 access to a National Writing Project program;

18 ‘‘(2) to ensure the consistent high quality of the

19 programs through ongoing review, evaluation, and

20 provision of technical assistance;

21 ‘‘(3) to support and promote the establishment of

22 programs to disseminate information on effective

23 practices and research findings about the teaching of

24 writing; and
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1 ‘‘(4) to coordinate activities assisted under this

2 part with other activities assisted under this Act.

3 ‘‘SEC. 2302. NATIONAL WRITING PROJECT.

4 ‘‘(a) AUTHORIZATION.—The Secretary is authorized to

5 make a grant to the National Writing Project (referred to

6 in this section as the ‘grantee’), a nonprofit educational or7 ganization that has, as the primary purpose of the organi8 zation, the improvement of the quality of student writing

9 and learning, to support the establishment and operation

10 of teacher training programs to improve the teaching and

11 uses of writing for learning in the Nation’s classrooms.

12 ‘‘(b) REQUIREMENTS OF GRANT.—The grant agree13 ment for the grant shall provide that—

14 ‘‘(1) the grantee will enter into contracts with

15 institutions of higher education or other nonprofit

16 educational providers (referred to individually in this

17 section as a ‘contractor’) under which the contractors

18 will agree to establish, operate, and provide the non19 Federal share of the cost of establishing and operating

20 teacher training programs concerning effective ap21 proaches and processes for the teaching of writing;

22 ‘‘(2) funds made available by the Secretary to

23 the grantee under this section will be used to pay for

24 the Federal share of the cost of establishing and oper-
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1 ating teacher training programs as provided in para2 graph (1); and

3 ‘‘(3) the grantee will meet such other conditions

4 and standards as the Secretary determines to be nec5 essary to assure compliance with the provisions of

6 this section and will provide such technical assistance

7 as may be necessary to carry out the provisions of

8 this section.

9 ‘‘(c) TEACHER TRAINING PROGRAMS.—In operating a

10 teacher training program authorized in subsection (a), a

11 contractor shall—

12 ‘‘(1) conduct the program during the school year

13 and during the summer months;

14 ‘‘(2) train teachers who teach kindergarten,

15 grades 1 through 12, and college;

16 ‘‘(3) select teachers to become members of a Na17 tional Writing Project teacher network, for which each

18 member will conduct writing workshops for other

19 teachers in the area served by a National Writing

20 Project site; and

21 ‘‘(4) encourage teachers from all disciplines to

22 participate in such a teacher training program.

23 ‘‘(d) FEDERAL SHARE.—

24 ‘‘(1) IN GENERAL.—In this section, except as

25 provided in paragraph (2) or (3), the term ‘Federal
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1 share’ means, with respect to the cost of establishing

2 and operating teacher training programs authorized

3 in subsection (a), 50 percent of such cost to the con4 tractor.

5 ‘‘(2) WAIVER.—The Secretary may waive the

6 provisions of paragraph (1) on a case-by-case basis if

7 the National Advisory Board described in subsection

8 (e) determines, on the basis of financial need, that

9 such waiver is necessary.

10 ‘‘(3) MAXIMUM.—The Federal share of the cost

11 described in subsection (b) may not exceed $100,000

12 for any 1 contractor, or $200,000 for a statewide pro13 gram administered by any 1 contractor in at least 5

14 sites throughout the State.

15 ‘‘(e) NATIONAL ADVISORY BOARD.—

16 ‘‘(1) ESTABLISHMENT.—The National Writing

17 Project shall establish and operate a National Advi18 sory Board.

19 ‘‘(2) COMPOSITION.—The National Advisory

20 Board established pursuant to paragraph (1) shall

21 consist of—

22 ‘‘(A) national educational leaders;

23 ‘‘(B) leaders in the field of writing; and

24 ‘‘(C) such other individuals as the National

25 Writing Project determines to be necessary.
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1 ‘‘(3) DUTIES.—The National Advisory Board es2 tablished pursuant to paragraph (1) shall—

3 ‘‘(A) advise the National Writing Project on

4 national issues related to student writing and

5 the teaching of writing;

6 ‘‘(B) review the activities and programs of

7 the National Writing Project; and

8 ‘‘(C) support the continued development of

9 the National Writing Project.

10 ‘‘(f) TEACHER TRAINING EVALUATION.—

11 ‘‘(1) IN GENERAL.—

12 ‘‘(A) EVALUATION.—The Secretary shall

13 conduct an independent evaluation by grant or

14 contract of the teacher training programs ad15 ministered pursuant to this section in accord16 ance with part B of title X. In conducting the

17 evaluation, the Secretary shall determine the

18 amount of funds expended by the National Writ19 ing Project and each contractor receiving assist20 ance under this section for administrative costs.

21 ‘‘(B) REPORT.—The Secretary shall submit

22 a report containing the results of such evalua23 tion, including the amount determined by the

24 Secretary under subparagraph (A), to the appro25 priate committees of Congress.
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1 ‘‘(2) FUNDING LIMITATION.—The Secretary shall

2 reserve not more than $150,000 from the total amount

3 appropriated pursuant to the authority of subsection

4 (h) for fiscal year 2001 and the 4 subsequent fiscal

5 years to conduct the evaluation described in para6 graph (1).

7 ‘‘(g) APPLICATION REVIEW.—

8 ‘‘(1) REVIEW BOARD.—The National Writing

9 Project shall establish and operate a National Review

10 Board that shall consist of—

11 ‘‘(A) leaders in the field of research in writ12 ing; and

13 ‘‘(B) such other individuals as the National

14 Writing Project determines to be necessary.

15 ‘‘(2) DUTIES.—The National Review Board

16 shall—

17 ‘‘(A) review all applications for assistance

18 submitted under this section; and

19 ‘‘(B) recommend applications for assistance

20 submitted under this section for funding by the

21 National Writing Project.

22 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

23 are authorized to be appropriated to carry out this section,

24 $15,000,000 for fiscal year 2001, and such sums as may

25 be necessary for each of the 4 subsequent fiscal years.’’.
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1 SEC. 205. GENERAL PROVISIONS.

2 Title II (20 U.S.C. 6601 et seq.) is amended—

3 (1) by redesignating part E as part G; and

4 (2) by repealing sections 2401 and 2402 and in5 serting the following:

6 ‘‘SEC. 2601. PROHIBITION ON MANDATORY NATIONAL CER7 TIFICATION OR LICENSING OF TEACHERS.

8 ‘‘(a) PROHIBITION ON MANDATORY TESTING, CERTIFI9 CATION, OR LICENSING.—Notwithstanding any other provi10 sion of law, the Secretary may not use Federal funds to

11 plan, develop, implement, or administer any mandatory

12 national teacher test or mandatory method of certification

13 or licensing.

14 ‘‘(b) PROHIBITION ON WITHHOLDING FUNDS.—The

15 Secretary may not withhold funds from any State or local

16 educational agency if such State or local educational agency

17 fails to adopt a specific method of teacher certification or

18 licensing.

19 ‘‘SEC. 2602. HOME SCHOOLS.

20 ‘‘Nothing in this title shall be construed to permit,

21 allow, encourage, or authorize any Federal control over any

22 aspect of any private, religious, or home school, whether a

23 home school is treated as a private school or home school

24 under the law of the State involved, except that the Sec25 retary may require that funds provided to a school under

26 this title be used for the purposes described in this title.
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1 This section shall not be construed to bar private, religious,

2 or home schools from participating in or receiving pro3 grams or services under this title.’’.

4 SEC. 206. NEW CENTURY PROGRAM AND DIGITAL EDU5 CATION CONTENT COLLABORATIVE.

6 Title II is amended by inserting before part G (20

7 U.S.C. 6701 et seq.) the following:

8 ‘‘PART E—THE NEW CENTURY PROGRAM FOR DIS9 TRIBUTED TEACHER PROFESSIONAL DEVEL10 OPMENT

11 ‘‘SEC. 2401. PROJECT AUTHORIZED.

12 ‘‘(a) PURPOSE.—It is the purpose of this part to carry

13 out a program designed to assist elementary school and sec14 ondary school teachers in preparing all students for achiev15 ing State content standards.

16 ‘‘(b) GRANTS.—The Secretary may make a grant to

17 a nonprofit telecommunications entity, or a partnership of

18 such entities, for the purpose of carrying out a national

19 telecommunications-based program to improve teaching in

20 core curriculum areas to achieve the purpose described in

21 subsection (a).

22 ‘‘SEC. 2402. APPLICATION.

23 ‘‘(a) IN GENERAL.—Each nonprofit telecommuni24 cations entity, or partnership of such entities, desiring a
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1 grant under this part shall submit an application to the

2 Secretary. Each such application shall—

3 ‘‘(1) demonstrate that the applicant will use the

4 public broadcasting infrastructure and school digital

5 networks, where available, to deliver video and data

6 in an integrated service to train teachers in the use

7 of standards-based curricula materials and learning

8 technologies;

9 ‘‘(2) provide an assurance that the project for

10 which the assistance is being sought will be conducted

11 in cooperation with appropriate State educational

12 agencies, local educational agencies, national, State,

13 or local nonprofit public telecommunications entities,

14 and national education professional associations that

15 have developed content standards in the relevant sub16 ject areas;

17 ‘‘(3) provide an assurance that a significant por18 tion of the benefits available for elementary schools

19 and secondary schools from the project for which the

20 assistance is being sought will be available to schools

21 of local educational agencies which have a high per22 centage of children counted under section 1124(c);

23 and

24 ‘‘(4) contain such additional assurances as the

25 Secretary may reasonably require.
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1 ‘‘(b) APPROVAL, NUMBER OF SITES.—In approving

2 applications under this section, the Secretary shall ensure

3 that the program authorized by this part is conducted at

4 elementary school and secondary school sites in at least 15

5 States.

6 ‘‘SEC. 2403. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘There are authorized to be appropriated to carry out

8 this part, $20,000,000 for fiscal year 2001, and such sums

9 as may be necessary for each of the 4 subsequent fiscal

10 years.

11 ‘‘PART F—DIGITAL EDUCATION CONTENT

12 COLLABORATIVE

13 ‘‘SEC. 2501. DIGITAL EDUCATION CONTENT COLLABO14 RATIVE.

15 ‘‘(a) IN GENERAL.—The Secretary may award grants

16 to, or enter into contracts or cooperative agreements with,

17 eligible entities described in section 2502(b) to develop,

18 produce, and distribute educational and instructional video

19 programming that is designed for use by kindergarten

20 through grade 12 schools and based on State standards.

21 ‘‘(b) AVAILABILITY.—In awarding grants, contracts, or

22 cooperative agreements under subsection (a), the Secretary

23 shall ensure that eligible entities enter into multiyear con24 tent development collaborative arrangements with State

25 educational agencies, local educational agencies, institu-
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1 tions of higher education, businesses, or other agencies and

2 organizations.

3 ‘‘SEC. 2502. EDUCATIONAL PROGRAMMING.

4 ‘‘(a) AWARDS.—The Secretary shall award grants,

5 contracts, or cooperative agreements under this part to eli6 gible entities to facilitate the development of educational

7 programming that shall—

8 ‘‘(1) include student assessment tools to provide

9 feedback on student performance;

10 ‘‘(2) include built-in teacher utilization and sup11 port components to ensure that teachers understand

12 and can easily use the content of the programming

13 with group instruction or for individual student use;

14 ‘‘(3) be created for, or adaptable to, State content

15 standards; and

16 ‘‘(4) be capable of distribution through digital

17 broadcasting and school digital networks.

18 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a

19 grant, contract, or cooperative agreement under section

20 2501(a), an entity shall be a local public telecommuni21 cations entity as defined in section 397(12) of the Commu22 nications Act of 1934 that is able to demonstrate a capacity

23 for the development and distribution of educational and in24 structional television programming of high quality.
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1 ‘‘(c) COMPETITIVE BASIS.—Grants, contracts, or coop2 erative agreements under this part shall be awarded on a

3 competitive basis as determined by the Secretary.

4 ‘‘(d) DURATION.—Each grant, contract, or cooperative

5 agreement under this part shall be awarded for a period

6 of 3 years in order to allow time for the creation of a sub7 stantial body of significant content.

8 ‘‘SEC. 2503. APPLICATIONS.

9 ‘‘Each eligible entity desiring a grant, contract, or co10 operative agreement under this part shall submit an appli11 cation to the Secretary at such time, in such manner, and

12 accompanied by such information as the Secretary may

13 reasonably require.

14 ‘‘SEC. 2504. MATCHING REQUIREMENT.

15 ‘‘An eligible entity receiving a grant, contract, or coop16 erative agreement under this part shall contribute to the

17 activities assisted under this part non-Federal matching

18 funds in an amount equal to not less than 100 percent of

19 the amount of the grant, contract, or cooperative agreement.

20 Non-Federal funds may include funds provided from a non21 Federal source for the transition to digital broadcasting, as

22 well as in-kind contributions.

23 ‘‘SEC. 2505. ADMINISTRATIVE COSTS.

24 ‘‘With respect to the implementation of this part, enti25 ties receiving a grant, contract, or cooperative agreement
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1 under this part may use not more than 5 percent of the

2 amounts received under the grant, contract, or cooperative

3 agreement for the normal and customary expenses of ad4 ministering the grant.

5 ‘‘SEC. 2506. AUTHORIZATION OF APPROPRIATIONS.

6 ‘‘There are authorized to be appropriated to carry out

7 this part, $25,000,000 for fiscal year 2001, and such sums

8 as may be necessary for each of the 4 subsequent fiscal

9 years.’’.

10 SEC. 207. CONFORMING AMENDMENTS.

11 (a) ED-FLEX PROGRAMS.—Section 4(b)(2) of the Edu12 cation Flexibility Partnership Act of 1999 (20 U.S.C.

13 5891b(b)(2)) is amended by striking ‘‘Part B of title II’’

14 and inserting ‘‘Subparts 1, 2, and 3 of part A of title II’’.

15 (b) WAIVER AUTHORITY OF SECRETARY OF EDU16 CATION.—Section 502(b)(2) of the School-to-Work Opportu17 nities Act of 1994 (20 U.S.C. 6212(b)(2)) is amended by

18 striking ‘‘part A of title II’’ and inserting ‘‘subpart 4 of

19 part A of title II’’.

20 TITLE III—ENRICHMENT

21 INITIATIVES

22 SEC. 301. ENRICHMENT INITIATIVES.

23 Title III (20 U.S.C. 6801 et seq.) is amended to read

24 as follows:
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1 ‘‘TITLE III—ENRICHMENT

2 INITIATIVES

3 ‘‘PART A—21ST CENTURY COMMUNITY LEARNING

4 CENTERS

5 ‘‘SEC. 3101. SHORT TITLE.

6 ‘‘This part may be cited as the ‘‘21st Century Commu7 nity Learning Centers Act’’.

8 ‘‘SEC. 3102. PURPOSE.

9 It is the purpose of this part—

10 ‘‘(1) to provide local public schools with the op11 portunity to serve as centers for the delivery of edu12 cation and human resources for all members of com13 munities;

14 ‘‘(2) to enable public schools, primarily in rural

15 and inner city communities, to collaborate with other

16 public and nonprofit agencies and organizations,

17 local businesses, educational entities (such as voca18 tional and adult education programs, school-to-work

19 programs, community colleges, and universities), rec20 reational, cultural, and other community and human

21 service entities, to meet the needs of, and expand the

22 opportunities available to, the residents of the commu23 nities served by such schools;

24 ‘‘(3) to use school facilities, equipment, and re25 sources so that communities can promote a more effi-
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1 cient use of public education facilities, especially in

2 rural and inner city areas where limited financial re3 sources have enhanced the necessity for local public

4 schools to become social service centers;

5 ‘‘(4) to enable schools to become centers of life6 long learning; and

7 ‘‘(5) to enable schools to provide educational op8 portunities for individuals of all ages.

9 ‘‘SEC. 3103. PROGRAM AUTHORIZATION.

10 ‘‘(a) GRANTS BY THE SECRETARY.—The Secretary is

11 authorized, in accordance with the provisions of this part,

12 to award grants to rural and inner-city public elementary

13 or secondary schools, or consortia of such schools, to enable

14 such schools or consortia to plan, implement, or to expand

15 projects that benefit the educational, health, social service,

16 cultural, and recreational needs of a rural or inner-city

17 community.

18 ‘‘(b) EQUITABLE DISTRIBUTION.—In awarding grants

19 under this part, the Secretary shall assure an equitable dis20 tribution of assistance among the States, among urban and

21 rural areas of the United States, and among urban and

22 rural areas of a State.

23 ‘‘(c) GRANT PERIOD.—The Secretary shall award

24 grants under this part for a period not to exceed 3 years.
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1 ‘‘(d) AMOUNT.—The Secretary shall not award a grant

2 under this part in any fiscal year in an amount less than

3 $35,000.

4 ‘‘SEC. 3104. APPLICATION REQUIRED.

5 ‘‘(a) APPLICATION.—To be eligible to receive a grant

6 under this part, an elementary or secondary school or con7 sortium shall submit an application to the Secretary at

8 such time, in such manner, and accompanied by such infor9 mation as the Secretary may reasonably prescribe. Each

10 such application shall include—

11 ‘‘(1) a comprehensive local plan that enables the

12 school or consortium to serve as a center for the deliv13 ery of education and human resources for members of

14 a community;

15 ‘‘(2) an evaluation of the needs, available re16 sources, and goals and objectives for the proposed

17 project in order to determine which activities will be

18 undertaken to address such needs; and

19 ‘‘(3) a description of the proposed project,

20 including—

21 ‘‘(A) a description of the mechanism that

22 will be used to disseminate information in a

23 manner that is understandable and accessible to

24 the community;
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1 ‘‘(B) identification of Federal, State, and

2 local programs to be merged or coordinated so

3 that public resources may be maximized;

4 ‘‘(C) a description of the collaborative ef5 forts to be undertaken by community-based orga6 nizations, related public agencies, businesses, or

7 other appropriate organizations;

8 ‘‘(D) a description of how the school or con9 sortium will serve as a delivery center for exist10 ing and new services, especially for interactive

11 telecommunication used for education and pro12 fessional training; and

13 ‘‘(E) an assurance that the school or consor14 tium will establish a facility utilization policy

15 that specifically states—

16 ‘‘(i) the rules and regulations applica17 ble to building and equipment use; and

18 ‘‘(ii) supervision guidelines.

19 ‘‘(b) PRIORITY.—The Secretary shall give priority to

20 applications describing projects that offer a broad selection

21 of services which address the needs of the community.

22 ‘‘SEC. 3105. USES OF FUNDS.

23 ‘‘Grants awarded under this part may be used to plan,

24 implement, or expand community learning centers which

25 include not less than four of the following activities:
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1 ‘‘(1) Literacy education programs.

2 ‘‘(2) Senior citizen programs.

3 ‘‘(3) Children’s day care services.

4 ‘‘(4) Integrated education, health, social service,

5 recreational, or cultural programs.

6 ‘‘(5) Summer and weekend school programs in

7 conjunction with recreation programs.

8 ‘‘(6) Nutrition and health programs.

9 ‘‘(7) Expanded library service hours to serve

10 community needs.

11 ‘‘(8) Telecommunications and technology edu12 cation programs for individuals of all ages.

13 ‘‘(9) Parenting skills education programs.

14 ‘‘(10) Support and training for child day care

15 providers.

16 ‘‘(11) Employment counseling, training, and

17 placement.

18 ‘‘(12) Services for individuals who leave school

19 before graduating from secondary school, regardless of

20 the age of such individual.

21 ‘‘(13) Services for individuals with disabilities.

22 ‘‘SEC. 3106. DEFINITION.

23 ‘‘For the purpose of this part, the term ‘community

24 learning center’ means an entity within a public elemen25 tary or secondary school building that—
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1 ‘‘(1) provides educational, recreational, health,

2 and social service programs for residents of all ages

3 within a local community; and

4 ‘‘(2) is operated by a local educational agency in

5 conjunction with local governmental agencies, busi6 nesses, vocational education programs, institutions of

7 higher education, community colleges, and cultural,

8 recreational, and other community and human serv9 ice entities.

10 ‘‘SEC. 3107. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘There are authorized to be appropriated $500,000,000

12 for fiscal year 2001, and such sums as may be necessary

13 for each of the four succeeding fiscal years, to carry out

14 this part.

15 ‘‘PART B—INITIATIVES FOR NEGLECTED,

16 DELINQUENT, OR AT RISK STUDENTS

17 ‘‘Subpart 1—Prevention and Intervention Programs

18 for Children and Youth Who Are Neglected, De19 linquent, or at Risk of Dropping Out

20 ‘‘SEC. 3321. PURPOSE; PROGRAM AUTHORIZED.

21 ‘‘(a) PURPOSE.—It is the purpose of this subpart—

22 ‘‘(1) to improve educational services for children

23 in local and State institutions for neglected or delin24 quent children and youth so that such children and

25 youth have the opportunity to meet the same chal-
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1 lenging State content standards and challenging State

2 student performance standards that all children in

3 the State are expected to meet;

4 ‘‘(2) to provide such children and youth with the

5 services needed to make a successful transition from

6 institutionalization to further schooling or employ7 ment; and

8 ‘‘(3) to prevent at-risk youth from dropping out

9 of school and to provide dropouts and youth returning

10 from institutions with a support system to ensure

11 their continued education.

12 ‘‘(b) PROGRAM AUTHORIZED.—In order to carry out

13 the purpose of this subpart the Secretary shall make grants

14 to State educational agencies to enable such agencies to

15 award subgrants to State agencies and local educational

16 agencies to establish or improve programs of education for

17 neglected or delinquent children and youth at risk of drop18 ping out of school before graduation.

19 ‘‘SEC. 3322. PAYMENTS FOR PROGRAMS UNDER THIS SUB20 PART.

21 ‘‘(a) AGENCY SUBGRANTS.—Based on the allocation

22 amount computed under section 3332, the Secretary shall

23 allocate to each State educational agency amounts nec24 essary to make subgrants to State agencies under chapter

25 1.
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1 ‘‘(b) LOCAL SUBGRANTS.—Each State shall retain, for

2 purposes of carrying out chapter 2, funds generated

3 throughout the State under part A of title I based on youth

4 residing in local correctional facilities, or attending com5 munity day programs for delinquent children and youth.

6 ‘‘Chapter 1—State Agency Programs

7 ‘‘SEC. 3331. ELIGIBILITY.

8 ‘‘A State agency is eligible for assistance under this

9 chapter if such State agency is responsible for providing

10 free public education for children—

11 ‘‘(1) in institutions for neglected or delinquent

12 children and youth;

13 ‘‘(2) attending community day programs for ne14 glected or delinquent children and youth; or

15 ‘‘(3) in adult correctional institutions.

16 ‘‘SEC. 3332. ALLOCATION OF FUNDS.

17 ‘‘(a) SUBGRANTS TO STATE AGENCIES.—

18 ‘‘(1) IN GENERAL.—Each State agency described

19 in section 3331 (other than an agency in the Com20 monwealth of Puerto Rico) is eligible to receive a

21 subgrant under this subpart, for each fiscal year, an

22 amount equal to the product of—

23 ‘‘(A) the number of neglected or delinquent

24 children and youth described in section 3331

25 who—
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1 ‘‘(i) are enrolled for at least 15 hours

2 per week in education programs in adult

3 correctional institutions; and

4 ‘‘(ii) are enrolled for at least 20 hours

5 per week—

6 ‘‘(I) in education programs in in7 stitutions for neglected or delinquent

8 children and youth; or

9 ‘‘(II) in community day programs

10 for neglected or delinquent children

11 and youth; and

12 ‘‘(B) 40 percent of the average per-pupil ex13 penditure in the State, except that the amount

14 determined under this subparagraph shall not be

15 less than 32 percent, nor more than 48 percent,

16 of the average per-pupil expenditure in the

17 United States.

18 ‘‘(2) SPECIAL RULE.—The number of neglected

19 or delinquent children and youth determined under

20 paragraph (1) shall—

21 ‘‘(A) be determined by the State agency by

22 a deadline set by the Secretary, except that no

23 State agency shall be required to determine the

24 number of such children and youth on a specific

25 date set by the Secretary; and
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1 ‘‘(B) be adjusted, as the Secretary deter2 mines is appropriate, to reflect the relative

3 length of such agency’s annual programs.

4 ‘‘(b) SUBGRANTS TO STATE AGENCIES IN PUERTO

5 RICO.—For each fiscal year, the amount of the subgrant

6 for which a State agency in the Commonwealth of Puerto

7 Rico is eligible under this subpart shall be equal to—

8 ‘‘(1) the number of children and youth counted

9 under subsection (a)(1)(A) for the Commonwealth of

10 Puerto Rico; multiplied by

11 ‘‘(2) the product of—

12 ‘‘(A) the percentage that the average per13 pupil expenditure in the Commonwealth of Puer14 to Rico is of the lowest average per-pupil expend15 iture of any of the 50 States; and

16 ‘‘(B) 32 percent of the average per-pupil ex17 penditure in the United States.

18 ‘‘(c) RATABLE REDUCTIONS IN CASE OF INSUFFICIENT

19 APPROPRIATIONS.—If the amount appropriated for any fis20 cal year for subgrants under subsections (a) and (b) is in21 sufficient to pay the full amount for which all State agen22 cies are eligible under such subsections, the Secretary shall

23 ratably reduce each such amount.
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1 ‘‘SEC. 3333. STATE REALLOCATION OF FUNDS.

2 ‘‘If a State educational agency determines that a State

3 agency does not need the full amount of the subgrant for

4 which such State agency is eligible under this subpart for

5 any fiscal year, the State educational agency may reallocate

6 the amount that will not be needed to other eligible State

7 agencies that need additional funds to carry out the purpose

8 of this subpart, in such amounts as the State educational

9 agency shall determine.

10 ‘‘SEC. 3334. STATE PLAN AND STATE AGENCY APPLICA11 TIONS.

12 ‘‘(a) STATE PLAN.—

13 ‘‘(1) IN GENERAL.—Each State educational

14 agency that desires to receive a grant under this sub15 part shall submit, for approval by the Secretary, a

16 plan for meeting the needs of neglected and delinquent

17 children and youth and, where applicable, children

18 and youth at risk of dropping out of school, that is

19 integrated with other programs under this Act, or

20 other Acts, as appropriate, consistent with section

21 6506.

22 ‘‘(2) CONTENTS.—Each such State plan shall—

23 ‘‘(A) describe the program goals, objectives,

24 and performance measures established by the

25 State that will be used to assess the effectiveness
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1 of the program in improving academic and voca2 tional skills of children in the program;

3 ‘‘(B) provide that, to the extent feasible,

4 such children will have the same opportunities to

5 learn as such children would have if such chil6 dren were in the schools of local educational

7 agencies in the State; and

8 ‘‘(C) contain assurances that the State edu9 cational agency will—

10 ‘‘(i) ensure that programs assisted

11 under this subpart will be carried out in ac12 cordance with the State plan described in

13 this subsection;

14 ‘‘(ii) carry out the evaluation require15 ments of section 3351;

16 ‘‘(iii) ensure that the State agencies re17 ceiving subgrants under this chapter comply

18 with all applicable statutory and regulatory

19 requirements; and

20 ‘‘(iv) provide such other information as

21 the Secretary may reasonably require.

22 ‘‘(3) DURATION OF THE PLAN.—Each State plan

23 shall—

24 ‘‘(A) remain in effect for the duration of the

25 State’s participation under this subpart; and
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1 ‘‘(B) be periodically reviewed and revised

2 by the State, as necessary, to reflect changes in

3 the State’s strategies and programs under this

4 subpart.

5 ‘‘(b) SECRETARIAL APPROVAL; PEER REVIEW.—

6 ‘‘(1) IN GENERAL.—The Secretary shall approve

7 each State plan that meets the requirements of this

8 subpart.

9 ‘‘(2) PEER REVIEW.—The Secretary may review

10 any State plan with the assistance and advice of in11 dividuals with relevant expertise.

12 ‘‘(c) STATE AGENCY APPLICATIONS.—Any State agen13 cy that desires to receive funds to carry out a program

14 under this chapter shall submit an application to the State

15 educational agency that—

16 ‘‘(1) describes the procedures to be used, con17 sistent with the State plan under section 1111, to as18 sess the educational needs of the children to be served;

19 ‘‘(2) provides assurances that in making services

20 available to youth in adult correctional institutions,

21 priority will be given to such youth who are likely to

22 complete incarceration within a 2-year period;

23 ‘‘(3) describes the program, including a budget

24 for the first year of the program, with annual updates

25 to be provided to the State educational agency;
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1 ‘‘(4) describes how the program will meet the

2 goals and objectives of the State plan;

3 ‘‘(5) describes how the State agency will consult

4 with experts and provide the necessary training for

5 appropriate staff, to ensure that the planning and op6 eration of institution-wide projects under section 3336

7 are of high quality;

8 ‘‘(6) describes how the agency will carry out the

9 evaluation requirements of section 10201 and how the

10 results of the most recent evaluation are used to plan

11 and improve the program;

12 ‘‘(7) includes data showing that the agency has

13 maintained the fiscal effort required of a local edu14 cational agency, in accordance with section 10101;

15 ‘‘(8) describes how the programs will be coordi16 nated with other appropriate State and Federal pro17 grams, such as programs under title I of the Work18 force Investment Act of 1998, vocational education

19 programs, State and local dropout prevention pro20 grams, and special education programs;

21 ‘‘(9) describes how appropriate professional de22 velopment will be provided to teachers and other staff;

23 ‘‘(10) designates an individual in each affected

24 institution to be responsible for issues relating to the
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1 transition of children and youth from the institution

2 to locally operated programs;

3 ‘‘(11) describes how the agency will, endeavor to

4 coordinate with businesses for training and men5 toring for participating children and youth;

6 ‘‘(12) provides assurances that the agency will

7 assist in locating alternative programs through which

8 students can continue their education if students are

9 not returning to school after leaving the correctional

10 facility;

11 ‘‘(13) provides assurances that the agency will

12 work with parents to secure parents’ assistance in im13 proving the educational achievement of their children

14 and preventing their children’s further involvement in

15 delinquent activities;

16 ‘‘(14) provides assurances that the agency works

17 with special education youth in order to meet an ex18 isting individualized education program and an as19 surance that the agency will notify the youth’s local

20 school if the youth—

21 ‘‘(A) is identified as in need of special edu22 cation services while the youth is in the facility;

23 and

24 ‘‘(B) intends to return to the local school;
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1 ‘‘(15) provides assurances that the agency will

2 work with youth who dropped out of school before en3 tering the facility to encourage the youth to reenter

4 school once the term of the youth has been completed

5 or provide the youth with the skills necessary to gain

6 employment, continue the education of the youth, or

7 achieve a secondary school diploma or its recognized

8 equivalent if the youth does not intend to return to

9 school;

10 ‘‘(16) provides assurances that teachers and other

11 qualified staff are also trained to work with children

12 with disabilities and other students with special needs

13 taking into consideration the unique needs of such

14 students;

15 ‘‘(17) describes any additional services provided

16 to children and youth, such as career counseling, and

17 assistance in securing student loans and grants; and

18 ‘‘(18) provides assurances that the program

19 under this chapter will be coordinated with any pro20 grams operated under the Juvenile Justice and Delin21 quency Prevention Act of 1974 or other comparable

22 programs, if applicable.

23 ‘‘SEC. 3335. USE OF FUNDS.

24 ‘‘(a) USES.—
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1 ‘‘(1) IN GENERAL.—A State agency shall use

2 funds received under this chapter only for programs

3 and projects that—

4 ‘‘(A) are consistent with the State plan

5 under section 3334(a); and

6 ‘‘(B) concentrate on providing participants

7 with the knowledge and skills needed to make a

8 successful transition to secondary school comple9 tion, further education, or employment.

10 ‘‘(2) PROGRAMS AND PROJECTS.—Such programs

11 and projects—

12 ‘‘(A) may include the acquisition of equip13 ment;

14 ‘‘(B) shall be designed to support edu15 cational services that—

16 ‘‘(i) except for institution-wide projects

17 under section 3336, are provided to children

18 and youth identified by the State agency as

19 failing, or most at risk of failing, to meet

20 the State’s challenging State content stand21 ards and challenging State student perform22 ance standards;

23 ‘‘(ii) supplement and improve the

24 quality of the educational services provided
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1 to such children and youth by the State

2 agency; and

3 ‘‘(iii) afford such children and youth

4 an opportunity to learn to such challenging

5 State standards;

6 ‘‘(C) shall be carried out in a manner con7 sistent with section 1120A and part F of title I;

8 and

9 ‘‘(D) may include the costs of meeting the

10 evaluation requirements of section 10201.

11 ‘‘(b) SUPPLEMENT, NOT SUPPLANT.—A program

12 under this chapter that supplements the number of hours

13 of instruction students receive from State and local sources

14 shall be considered to comply with the supplement, not sup15 plant requirement of section 1120A without regard to the

16 subject areas in which instruction is given during those

17 hours.

18 ‘‘SEC. 3336. INSTITUTION-WIDE PROJECTS.

19 ‘‘A State agency that provides free public education

20 for children and youth in an institution for neglected or

21 delinquent children and youth (other than an adult correc22 tional institution) or attending a community-day program

23 for such children may use funds received under this subpart

24 to serve all children in, and upgrade the entire educational

25 effort of, that institution or program if the State agency
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1 has developed, and the State educational agency has ap2 proved, a comprehensive plan for that institution or pro3 gram that—

4 ‘‘(1) provides for a comprehensive assessment of

5 the educational needs of all youth in the institution

6 or program serving juveniles;

7 ‘‘(2) provides for a comprehensive assessment of

8 the educational needs of youth aged 20 and younger

9 in adult facilities who are expected to complete incar10 ceration within a two-year period;

11 ‘‘(3) describes the steps the State agency has

12 taken, or will take, to provide all youth under age 21

13 with the opportunity to meet challenging State con14 tent standards and challenging State student perform15 ance standards in order to improve the likelihood that

16 the youths will complete secondary school, attain a

17 secondary diploma or its recognized equivalent, or

18 find employment after leaving the institution;

19 ‘‘(4) describes the instructional program, pupil

20 services, and procedures that will be used to meet the

21 needs described in paragraph (1), including, to the

22 extent feasible, the provision of mentors for students;

23 ‘‘(5) specifically describes how such funds will be

24 used;
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1 ‘‘(6) describes the measures and procedures that

2 will be used to assess student progress;

3 ‘‘(7) describes how the agency has planned, and

4 will implement and evaluate, the institution-wide or

5 program-wide project in consultation with personnel

6 providing direct instructional services and support

7 services in institutions or community-day programs

8 for neglected or delinquent children and personnel

9 from the State educational agency; and

10 ‘‘(8) includes an assurance that the State agency

11 has provided for appropriate training for teachers

12 and other instructional and administrative personnel

13 to enable such teachers and personnel to carry out the

14 project effectively.

15 ‘‘SEC. 3337. THREE-YEAR PROGRAMS OR PROJECTS.

16 ‘‘If a State agency operates a program or project under

17 this chapter in which individual children are likely to par18 ticipate for more than one year, the State educational agen19 cy may approve the State agency’s application for a

20 subgrant under this subpart for a period of not more than

21 three years.

22 ‘‘SEC. 3338. TRANSITION SERVICES.

23 ‘‘(a) TRANSITION SERVICES.—Each State agency shall

24 reserve not more than 10 percent of the amount such agency

25 receives under this chapter for any fiscal year to support
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1 projects that facilitate the transition of children and youth

2 from State-operated institutions to local educational agen3 cies.

4 ‘‘(b) CONDUCT OF PROJECTS.—A project supported

5 under this section may be conducted directly by the State

6 agency, or through a contract or other arrangement with

7 one or more local educational agencies, other public agen8 cies, or private nonprofit organizations.

9 ‘‘(c) LIMITATION.—Any funds reserved under sub10 section (a) shall be used only to provide transitional edu11 cational services, which may include pupil services and

12 mentoring, to neglected and delinquent children and youth

13 in schools other than State-operated institutions.

14 ‘‘(d) CONSTRUCTION.—Nothing in this section shall be

15 construed to prohibit a school that receives funds under sub16 section (a) from serving neglected and delinquent children

17 and youth simultaneously with students with similar edu18 cational needs, in the same educational settings where ap19 propriate.

20 ‘‘Chapter 2—Local Agency Programs

21 ‘‘SEC. 3341. PURPOSE.

22 ‘‘The purpose of this chapter is to support the oper23 ation of local educational agency programs that involve col24 laboration with locally operated correctional facilities to—
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1 ‘‘(1) carry out high quality education programs

2 to prepare youth for secondary school completion,

3 training, and employment, or further education;

4 ‘‘(2) provide activities to facilitate the transition

5 of such youth from the correctional program to fur6 ther education or employment; and

7 ‘‘(3) operate dropout prevention programs in

8 local schools for youth at risk of dropping out of

9 school and youth returning from correctional facili10 ties.

11 ‘‘SEC. 3342. PROGRAMS OPERATED BY LOCAL EDU12 CATIONAL AGENCIES.

13 ‘‘(a) LOCAL SUBGRANTS.—With funds made available

14 under section 3322(b), the State educational agency shall

15 award subgrants to local educational agencies with high

16 numbers or percentages of youth residing in locally operated

17 (including county operated) correctional facilities for youth

18 (including facilities involved in community day programs).

19 ‘‘(b) SPECIAL RULE.—A local educational agency

20 which includes a correctional facility that operates a school

21 is not required to operate a dropout prevention program

22 if more than 30 percent of the youth attending such facility

23 will reside outside the boundaries of the local educational

24 agency upon leaving such facility.
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1 ‘‘(c) NOTIFICATION.—A State educational agency shall

2 notify local educational agencies within the State of the eli3 gibility of such agencies to receive a subgrant under this

4 chapter.

5 ‘‘SEC. 3343. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

6 ‘‘Eligible local educational agencies desiring assistance

7 under this chapter shall submit an application to the State

8 educational agency, containing such information as the

9 State educational agency may require. Each such applica10 tion shall include—

11 ‘‘(1) a description of the program to be assisted;

12 ‘‘(2) a description of formal agreements

13 between—

14 ‘‘(A) the local educational agency; and

15 ‘‘(B) correctional facilities and alternative

16 school programs serving youth involved with the

17 juvenile justice system to operate programs for

18 delinquent youth;

19 ‘‘(3) as appropriate, a description of how par20 ticipating schools will coordinate with facilities work21 ing with delinquent youth to ensure that such youth

22 are participating in an education program com23 parable to one operating in the local school such

24 youth would attend;
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1 ‘‘(4) as appropriate, a description of the dropout

2 prevention program operated by participating schools

3 and the types of services such schools will provide to

4 at-risk youth in participating schools and youth re5 turning from correctional facilities;

6 ‘‘(5) as appropriate, a description of the youth

7 expected to be served by the dropout prevention pro8 gram and how the school will coordinate existing edu9 cational programs to meet unique education needs;

10 ‘‘(6) as appropriate, a description of how schools

11 will coordinate with existing social and health serv12 ices to meet the needs of students at risk of dropping

13 out of school and other participating students, includ14 ing prenatal health care and nutrition services related

15 to the health of the parent and child, parenting and

16 child development classes, child care, targeted re-entry

17 and outreach programs, referrals to community re18 sources, and scheduling flexibility;

19 ‘‘(7) as appropriate, a description of any part20 nerships with local businesses to develop training and

21 mentoring services for participating students;

22 ‘‘(8) as appropriate, a description of how the

23 program will involve parents in efforts to improve the

24 educational achievement of their children, assist in
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1 dropout prevention activities, and prevent the involve2 ment of their children in delinquent activities;

3 ‘‘(9) a description of how the program under this

4 chapter will be coordinated with other Federal, State,

5 and local programs, such as programs under title I

6 of the Workforce Investment Act of 1998 and voca7 tional education programs serving at-risk youth;

8 ‘‘(10) a description of how the program will be

9 coordinated with programs operated under the Juve10 nile Justice and Delinquency Prevention Act of 1974

11 and other comparable programs, if applicable;

12 ‘‘(11) as appropriate, a description of how

13 schools will work with probation officers to assist in

14 meeting the needs of youth returning from correc15 tional facilities;

16 ‘‘(12) a description of efforts participating

17 schools will make to ensure correctional facilities

18 working with youth are aware of a child’s existing in19 dividualized education program; and

20 ‘‘(13) as appropriate, a description of the steps

21 participating schools will take to find alternative

22 placements for youth interested in continuing their

23 education but unable to participate in a regular pub24 lic school program.
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1 ‘‘SEC. 3344. USES OF FUNDS.

2 ‘‘Funds provided to local educational agencies under

3 this chapter may be used, where appropriate, for—

4 ‘‘(1) dropout prevention programs which serve

5 youth at educational risk, including pregnant and

6 parenting teens, youth who have come in contact with

7 the juvenile justice system, youth at least one year be8 hind their expected grade level, migrant youth, immi9 grant youth, students with limited-English pro10 ficiency and gang members;

11 ‘‘(2) the coordination of health and social serv12 ices for such individuals if there is a likelihood that

13 the provision of such services, including day care and

14 drug and alcohol counseling, will improve the likeli15 hood such individuals will complete their education;

16 and

17 ‘‘(3) programs to meet the unique education

18 needs of youth at risk of dropping out of school, which

19 may include vocational education, special education,

20 career counseling, and assistance in securing student

21 loans or grants.
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1 ‘‘SEC. 3345. PROGRAM REQUIREMENTS FOR CORRECTIONAL

2 FACILITIES RECEIVING FUNDS UNDER THIS

3 SECTION.

4 ‘‘Each correctional facility having an agreement with

5 a local educational agency under section 3343(2) to provide

6 services to youth under this chapter shall—

7 ‘‘(1) where feasible, ensure educational programs

8 in juvenile facilities are coordinated with the stu9 dent’s home school, particularly with respect to spe10 cial education students with an individualized edu11 cation program;

12 ‘‘(2) notify the local school of a youth if the

13 youth is identified as in need of special education

14 services while in the facility;

15 ‘‘(3) where feasible, provide transition assistance

16 to help the youth stay in school, including coordina17 tion of services for the family, counseling, assistance

18 in accessing drug and alcohol abuse prevention pro19 grams, tutoring, and family counseling;

20 ‘‘(4) provide support programs which encourage

21 youth who have dropped out of school to reenter school

22 once their term has been completed or provide such

23 youth with the skills necessary for such youth to gain

24 employment or seek a secondary school diploma or its

25 recognized equivalent;
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1 ‘‘(5) work to ensure such facilities are staffed

2 with teachers and other qualified staff who are

3 trained to work with children with disabilities and

4 other students with special needs taking into consider5 ation the unique needs of such children and students;

6 ‘‘(6) ensure educational programs in correctional

7 facilities are related to assisting students to meet high

8 educational standards;

9 ‘‘(7) use, to the extent possible, technology to as10 sist in coordinating educational programs between the

11 juvenile facility and the community school;

12 ‘‘(8) where feasible, involve parents in efforts to

13 improve the educational achievement of their children

14 and prevent the further involvement of such children

15 in delinquent activities;

16 ‘‘(9) coordinate funds received under this pro17 gram with other local, State, and Federal funds avail18 able to provide services to participating youth, such

19 as funds made available under title I of the Workforce

20 Investment Act of 1998, and vocational education

21 funds;

22 ‘‘(10) coordinate programs operated under this

23 chapter with activities funded under the Juvenile Jus24 tice and Delinquency Prevention Act of 1974 and

25 other comparable programs, if applicable; and
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1 ‘‘(11) if appropriate, work with local businesses

2 to develop training and mentoring programs for par3 ticipating youth.

4 ‘‘SEC. 3346. ACCOUNTABILITY.

5 ‘‘The State educational agency may—

6 ‘‘(1) reduce or terminate funding for projects

7 under this chapter if a local educational agency does

8 not show progress in reducing dropout rates for male

9 students and for female students over a 3-year period;

10 and

11 ‘‘(2) require juvenile facilities to demonstrate,

12 after receiving assistance under this chapter for 3

13 years, that there has been an increase in the number

14 of youth returning to school, obtaining a secondary

15 school diploma or its recognized equivalent, or obtain16 ing employment after such youth are released.

17 ‘‘Chapter 3—General Provisions

18 ‘‘SEC. 3351. PROGRAM EVALUATIONS.

19 ‘‘(a) SCOPE OF EVALUATION.—Each State agency or

20 local educational agency that conducts a program under

21 chapter 1 or 2 shall evaluate the program, disaggregating

22 data on participation by sex, and if feasible, by race, eth23 nicity, and age, not less than once every three years to deter24 mine the program’s impact on the ability of participants

25 to—
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1 ‘‘(1) maintain and improve educational achieve2 ment;

3 ‘‘(2) accrue school credits that meet State re4 quirements for grade promotion and secondary school

5 graduation;

6 ‘‘(3) make the transition to a regular program or

7 other education program operated by a local edu8 cational agency; and

9 ‘‘(4) complete secondary school (or secondary

10 school equivalency requirements) and obtain employ11 ment after leaving the institution.

12 ‘‘(b) EVALUATION MEASURES.—In conducting each

13 evaluation under subsection (a), a State agency or local

14 educational agency shall use multiple and appropriate

15 measures of student progress.

16 ‘‘(c) EVALUATION RESULTS.—Each State agency and

17 local educational agency shall—

18 ‘‘(1) submit evaluation results to the State edu19 cational agency; and

20 ‘‘(2) use the results of evaluations under this sec21 tion to plan and improve subsequent programs for

22 participating children and youth.

23 ‘‘SEC. 3352. DEFINITIONS.

24 ‘‘In this subpart:
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1 ‘‘(1) ADULT CORRECTIONAL INSTITUTION.—The

2 term ‘adult correctional institution’ means a facility

3 in which persons are confined as a result of a convic4 tion for a criminal offense, including persons under

5 21 years of age.

6 ‘‘(2) AT-RISK YOUTH.—The term ‘at-risk youth’

7 means school aged youth who are at risk of academic

8 failure, have drug or alcohol problems, are pregnant

9 or are parents, have come into contact with the juve10 nile justice system in the past, are at least one year

11 behind the expected grade level for the age of the

12 youth, have limited-English proficiency, are gang

13 members, have dropped out of school in the past, or

14 have high absenteeism rates at school.

15 ‘‘(3) COMMUNITY DAY PROGRAM.—The term

16 ‘community day program’ means a regular program

17 of instruction provided by a State agency at a com18 munity day school operated specifically for neglected

19 or delinquent children and youth.

20 ‘‘(4) INSTITUTION FOR NEGLECTED OR DELIN21 QUENT CHILDREN AND YOUTH.—The term ‘institution

22 for neglected or delinquent children and youth’

23 means—

24 ‘‘(A) a public or private residential facility,

25 other than a foster home, that is operated for the
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1 care of children who have been committed to the

2 institution or voluntarily placed in the institu3 tion under applicable State law, due to abandon4 ment, neglect, or death of their parents or guard5 ians; or

6 ‘‘(B) a public or private residential facility

7 for the care of children who have been adju8 dicated to be delinquent or in need of super9 vision.

10 ‘‘SEC. 3353. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘There are authorized to be appropriated $42,000,000

12 for fiscal year 2001, and such sums as may be necessary

13 for each of the four succeeding fiscal years, to carry out

14 this part.

15 ‘‘PART C—GIFTED AND TALENTED CHILDREN

16 ‘‘SEC. 3401. SHORT TITLE.

17 ‘‘This part may be cited as the ‘Jacob K. Javits Gifted

18 and Talented Students Education Act’.

19 ‘‘SEC. 3402. STATEMENT OF PURPOSE.

20 ‘‘(a) PURPOSE.—The purpose of this part is—

21 ‘‘(1) to provide grants to State educational agen22 cies and local public schools for the support of pro23 grams, classes, and other services designed to meet the

24 needs of the Nation’s gifted and talented students in

25 elementary schools and secondary schools;
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1 ‘‘(2) to encourage the development of rich and

2 challenging curricula for all students through the ap3 propriate application and adaptation of materials

4 and instructional methods developed under this part;

5 and

6 ‘‘(3) to supplement and make more effective the

7 expenditure of State and local funds for the education

8 of gifted and talented students.

9 ‘‘SEC. 3403. CONSTRUCTION.

10 ‘‘Nothing in this part shall be construed to prohibit

11 a recipient of funds under this part from serving gifted and

12 talented students simultaneously with students with similar

13 educational needs, in the same educational setting where

14 appropriate.

15 ‘‘SEC. 3404. AUTHORIZATION OF APPROPRIATIONS; TRIG16 GER.

17 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

18 are authorized to be appropriated to carry out this part

19 $155,000,000 for fiscal year 2001 and such sums as may

20 be necessary for each of the 4 succeeding fiscal years.

21 ‘‘(b) TRIGGER.—Notwithstanding any other provision

22 of this part, if the amount appropriated under subsection

23 (a) for a fiscal year is less than $50,000,000, then the Sec24 retary shall use such amount to carry out part B of title
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1 X (as such part was in effect on the day before the date

2 of enactment of the Educational Opportunities Act).

3 ‘‘SEC. 3405. ALLOTMENT TO STATES.

4 ‘‘(a) RESERVATION.—From the funds appropriated

5 under section 3404(a) for any fiscal year, the Secretary

6 shall reserve not more than 1 percent for payments to the

7 outlying areas to be allotted to the outlying areas in accord8 ance with their respective needs for assistance under this

9 part.

10 ‘‘(b) ALLOTMENT.—From the funds appropriated

11 under section 3404(a) that are not reserved under sub12 section (a), the Secretary shall allot to each State an

13 amount that bears the same relation to the funds as the

14 school-age population of the State bears to the school-age

15 population of all States, except that no State shall receive

16 an allotment that is less than 0.50 percent of the funds.

17 ‘‘(c) GRANDFATHER CLAUSE.—If the amount appro18 priated under section 3404(a) for a fiscal year is

19 $50,000,000 or more, then the Secretary shall use such

20 amount to continue to make grant or contract payments

21 to each entity that was awarded a multiyear grant or con22 tract under part B of title X (as such part was in effect

23 on the day before the date of enactment of the Educational

24 Opportunities Act) for the duration of the grant or contract

25 award.
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1 ‘‘SEC. 3406. STATE APPLICATIONS.

2 ‘‘(a) APPLICATION REQUIREMENTS.—Any State that

3 desires to receive assistance under this part shall submit

4 to the Secretary an application that—

5 ‘‘(1) designates the State educational agency as

6 the agency responsible for the administration and su7 pervision of programs assisted under this part;

8 ‘‘(2) contains an assurance of the State edu9 cational agency’s ability to provide matching funds

10 for the activities to be assisted under this part in an

11 amount equal to not less than 20 percent of the grant

12 funds to be received, provided in cash or in-kind;

13 ‘‘(3) provides for a biennial submission of data

14 regarding the use of funds under this part, the types

15 of services furnished under this part, and how the

16 services impacted the individuals assisted under this

17 part;

18 ‘‘(4) provides that the State educational agency

19 will keep such records and provide such information

20 to the Secretary as may be required for fiscal audit

21 and program evaluation (consistent with all State

22 educational agency fiscal audit and program evalua23 tion responsibilities under this Act);

24 ‘‘(5) contains an assurance that there is compli25 ance with the requirements of this part; and
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1 ‘‘(6) provides for timely public notice and public

2 dissemination of the data submitted pursuant to

3 paragraph (3).

4 ‘‘(b) DURATION AND AMENDMENTS.—An application

5 filed by the State under subsection (a) shall be for a period

6 not to exceed 3 years.

7 ‘‘SEC. 3407. STATE USES OF FUNDS.

8 ‘‘(a) IN GENERAL.—A State educational agency shall

9 not use more than 10 percent of the funds made available

10 under this part for—

11 ‘‘(1) establishment and implementation of a peer

12 review process for grant applications under this part;

13 ‘‘(2) supervision of the awarding of funds to

14 local educational agencies or consortia thereof to sup15 port gifted and talented students from all economic,

16 ethnic, and racial backgrounds, including such stu17 dents of limited English proficiency and such students

18 with disabilities;

19 ‘‘(3) planning, supervision, and processing of

20 funds made available under this section;

21 ‘‘(4) monitoring, evaluation, and dissemination

22 of programs and activities assisted under this part,

23 including the submission of an annual report to the

24 Secretary that describes the number of students served

25 and the education activities assisted under the grant;
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1 ‘‘(5) providing technical assistance under this

2 part; and

3 ‘‘(6) supplementing, but not supplanting, the

4 amount of State and local funds expended for the edu5 cation of, and related services provided for, the edu6 cation of gifted and talented students.

7 ‘‘(b) PARENTAL SUPPORT.—A State educational agen8 cy shall not use more than 2 percent of the funds made

9 available under this part for providing information, edu10 cation, and support to parents of gifted and talented chil11 dren to enhance the parents’ ability to participate in deci12 sions regarding their children’s educational programs.

13 ‘‘SEC. 3408. DISTRIBUTION TO LOCAL EDUCATIONAL AGEN14 CIES.

15 ‘‘(a) GRANT COMPETITION.—A State educational

16 agency shall use not less than 88 percent of the funds made

17 available under this part to award grants, on a competitive

18 basis, to local educational agencies or consortia thereof to

19 support programs, classes, and other services designed to

20 meet the needs of gifted and talented students.

21 ‘‘(b) SIZE OF GRANT.—A State educational agency

22 shall award a grant under this part for any fiscal year

23 in an amount sufficient to meet the needs of the students

24 to be served under the grant.
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1 ‘‘SEC. 3409. LOCAL APPLICATION REQUIREMENTS.

2 ‘‘(a) APPLICATION.—To be eligible to receive a grant

3 under this part the local educational agency or consortium

4 shall submit an application to the State educational agen5 cy.

6 ‘‘(b) CONTENTS.—Each such application shall

7 include—

8 ‘‘(1) an assurance that the funds received under

9 this part will be used to identify and support gifted

10 and talented students, including gifted and talented

11 students from all economic, ethnic, and racial back12 grounds, including such students of limited English

13 proficiency, and such students with disabilities;

14 ‘‘(2) a description of how the local educational

15 agency or consortium will meet the educational needs

16 of gifted and talented students, including the training

17 of personnel in the education of gifted and talented

18 students.

19 ‘‘SEC. 3410. LOCAL USES OF FUNDS.

20 ‘‘Grants awarded under this part shall be used by local

21 educational agencies or consortia to carry out 1 or more

22 of the following activities to benefit gifted and talented stu23 dents:

24 ‘‘(1) PROFESSIONAL DEVELOPMENT PRO25 GRAMS.—Developing and implementing programs to

26 address State and local needs for inservice training
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1 activities for general educators, specialists in gifted

2 and talented education, administrators, school coun3 selors, or other school personnel.

4 ‘‘(2) IDENTIFICATION OF STUDENTS.—Delivery

5 of services to gifted and talented students who may

6 not be identified and served through traditional as7 sessment methods, including economically disadvan8 taged individuals, individuals of limited English pro9 ficiency, and individuals with disabilities.

10 ‘‘(3) MODEL PROJECTS.—Supporting and imple11 menting innovative strategies such as cooperative

12 learning, service learning, peer tutoring, independent

13 study, and adapted curriculum used by schools or

14 consortia.

15 ‘‘(4) EMERGING TECHNOLOGIES.—Assisting

16 schools or consortia of schools, that do not have the re17 sources to otherwise provide gifted and talented

18 courses, to provide the courses through new and

19 emerging technologies, including distance learning

20 curriculum packages, except that funds under this

21 part shall not be used for the purchase or upgrading

22 of technological hardware.
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1 ‘‘SEC. 3411. PARTICIPATION OF PRIVATE SCHOOL CHIL2 DREN AND TEACHERS.

3 ‘‘In awarding grants under this part the Secretary

4 shall ensure, where appropriate, that provision is made for

5 the equitable participation of students and teachers in pri6 vate, nonprofit elementary schools and secondary schools,

7 including the participation of teachers and other personnel

8 in professional development programs serving such chil9 dren.

10 ‘‘SEC. 3412. ESTABLISHMENT OF NATIONAL CENTER.

11 ‘‘(a) PURPOSE.—The purposes of a National Center for

12 Research and Development in the Education of Gifted and

13 Talented Children and Youth are—

14 ‘‘(1) to develop, disseminate, and evaluate model

15 projects and activities for serving gifted and talented

16 students;

17 ‘‘(2) to conduct research regarding innovative

18 methods for identifying and educating gifted and tal19 ented students; and

20 ‘‘(3) to provide technical assistance programs

21 that will further the education of gifted and talented

22 students, including how gifted and talented programs,

23 where appropriate, may be adapted for use by all stu24 dents.

25 ‘‘(b) CENTER ESTABLISHED.—The Secretary shall es26 tablish a National Center for Research and Development
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1 in the Education of Gifted and Talented Children and

2 Youth through grants to or contracts with 1 or more institu3 tions of higher education, State educational agencies, or a

4 consortia of such institutions and agencies.

5 ‘‘(c) DIRECTOR.—The National Center shall have a Di6 rector. The Secretary may authorize the Director to carry

7 out such functions of the National Center as may be agreed

8 upon through arrangements with other institutions of high9 er education, and State educational agencies or local edu10 cational agencies.

11 ‘‘(d) GRANDFATHER CLAUSE.—If the amount appro12 priated under section 3404(a) for a fiscal year is

13 $50,000,000 or more, then the Secretary shall use such

14 amount to continue to make grant or contract payments

15 to each entity that was awarded a multiyear grant or con16 tract under section 10204(c) (as such section was in effect

17 on the day before the date of enactment of the Educational

18 Opportunities Act) for the duration of the grant or contract

19 award.

20 ‘‘(e) FUNDING.—The Secretary may use not more than

21 30 percent of the funds made available under section

22 3404(a) for any fiscal year to carry out this section.
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1 ‘‘PART D—ARTS IN EDUCATION

2 ‘‘Subpart 1—Arts Education

3 ‘‘SEC. 3511. SUPPORT FOR ARTS EDUCATION.

4 ‘‘(a) PURPOSES.—The purposes of this subpart are

5 to—

6 ‘‘(1) support systemic education reform by

7 strengthening arts education as an integral part of

8 the elementary school and secondary school cur9 riculum;

10 ‘‘(2) help ensure that all students have the oppor11 tunity to learn to challenging State content standards

12 and challenging State student performance standards

13 in the arts;

14 ‘‘(3) support the national effort to enable all stu15 dents to demonstrate competence in the arts in ac16 cordance with the America’s Education Goals;

17 ‘‘(4) support model partnership programs be18 tween schools and nonprofit cultural organizations

19 designed to contribute to overall achievement for stu20 dents and complement curriculum-based arts instruc21 tion in the classroom; and

22 ‘‘(5) support projects and programs in the per23 forming arts through arrangements with the John F.

24 Kennedy Center for the Performing Arts, and support

25 model projects and programs that assure the partici-
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1 pation in the arts and education programs for indi2 viduals with disabilities through VSA Arts.

3 ‘‘(b) ELIGIBLE RECIPIENTS.—In order to carry out the

4 purposes of this subpart, the Secretary is authorized to

5 award grants to, or enter into contracts or cooperative

6 agreements with—

7 ‘‘(1) State educational agencies;

8 ‘‘(2) local educational agencies;

9 ‘‘(3) institutions of higher education;

10 ‘‘(4) museums and other cultural institutions;

11 and

12 ‘‘(5) other public and private agencies, institu13 tions, and organizations.

14 ‘‘(c) AUTHORIZED ACTIVITIES.—Funds under this

15 subpart may be used for—

16 ‘‘(1) the development and dissemination of model

17 arts education programs or model arts education as18 sessments based on high standards;

19 ‘‘(2) the development and implementation of cur20 riculum frameworks for arts education;

21 ‘‘(3) the development of model preservice and in22 service professional development programs for arts

23 educators and other instructional staff;

24 ‘‘(4) supporting collaborative activities with

25 other Federal agencies or institutions involved in arts
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1 education, such as the National Endowment for the

2 Arts, the Institute of Museum and Library Services,

3 the John F. Kennedy Center for the Performing Arts,

4 VSA Arts, and the National Gallery of Art;

5 ‘‘(5) supporting model projects and programs in

6 the performing arts for children and youth through

7 arrangements made with the John F. Kennedy Center

8 for the Performing Arts;

9 ‘‘(6) supporting model projects and programs by

10 VSA Arts that assure the participation in main11 stream settings in arts and education programs of in12 dividuals with disabilities; and

13 ‘‘(7) supporting collaborative projects between

14 schools, and nonprofit cultural organizations with ex15 pertise in music, dance, literature, theater and the

16 visual arts, for model school arts programs.

17 ‘‘(d) COORDINATION.—

18 ‘‘(1) IN GENERAL.—A recipient of funds under

19 this subpart, to the extent possible, shall coordinate

20 projects assisted under this subpart with appropriate

21 activities of public and private cultural agencies, in22 stitutions, and organizations, including museums,

23 arts education associations, libraries, and theaters.

24 ‘‘(2) SPECIAL RULE.—In carrying out this sub25 part, the Secretary shall coordinate with the National
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1 Endowment for the Arts, the Institute of Museum and

2 Library Services, the John F. Kennedy Center for the

3 Performing Arts, VSA Arts, and the National Gallery

4 of Art.

5 ‘‘(e) AUTHORIZATION.—

6 ‘‘(1) IN GENERAL.—For the purpose of carrying

7 out this subpart, there are authorized to be appro8 priated $25,000,000 for fiscal year 2001 and such

9 sums as may be necessary for each of the 4 succeeding

10 fiscal years.

11 ‘‘(2) SPECIAL RULE.—If the amount appro12 priated under paragraph (1) for any fiscal year is

13 $10,000,000 or less, then such amount shall only be

14 available to carry out the activities described in para15 graphs (5) and (6) of subsection (c).

16 ‘‘Subpart 2—Cultural Partnerships for At-Risk Youth

17 ‘‘SEC. 3521. PURPOSE.

18 ‘‘The purpose of this subpart is to award grants to eli19 gible entities to improve the educational performance and

20 potential of at-risk youth by providing comprehensive and

21 coordinated educational and cultural services.

22 ‘‘SEC. 3522. PROGRAM AUTHORIZED.

23 ‘‘(a) IN GENERAL.—The Secretary is authorized to

24 award grants to eligible entities to pay the Federal share

25 of the costs of the activities described in section 3523.
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1 ‘‘(b) SPECIAL REQUIREMENTS.—

2 ‘‘(1) IN GENERAL.—The Secretary shall award

3 grants under this subpart only to eligible entities car4 rying out programs designed to—

5 ‘‘(A) promote and enhance educational and

6 cultural activities;

7 ‘‘(B) provide multiyear services to at-risk

8 youth and to integrate community cultural re9 sources into in-school and after-school edu10 cational programs;

11 ‘‘(C) provide integration of community cul12 tural resources into the regular curriculum and

13 school day;

14 ‘‘(D) focus school and cultural resources in

15 the community on coordinated cultural services

16 to address the needs of at-risk youth;

17 ‘‘(E) provide effective cultural programs to

18 facilitate the transition from preschool programs

19 to elementary school programs, including pro20 grams under the Head Start Act and part C of

21 the Individuals with Disabilities Education Act;

22 ‘‘(F) facilitate school-to-work transition

23 from secondary schools and alternative schools to

24 job training, higher education and employment
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1 through educational programs and activities that

2 utilize school resources;

3 ‘‘(G) increase parental and community in4 volvement in the educational, social, and cul5 tural development of at-risk youth; or

6 ‘‘(H)(i) develop programs and strategies

7 that provide high-quality coordinated edu8 cational and cultural services; and

9 ‘‘(ii) provide a model to replicate such serv10 ices in other schools and communities.

11 ‘‘(2) PARTNERSHIP.—An interagency partner12 ship comprised of the Secretary, the Chairman of the

13 National Endowment for the Humanities, the Chair14 man of the National Endowment for the Arts, and the

15 Director of the Institute of Museum and Library

16 Services, or their designees, shall establish criteria

17 and procedures for awarding grants, including the es18 tablishment of panels to review the applications, and

19 shall administer the grants program authorized by

20 this section. The Secretary shall publish such criteria

21 and procedures in the Federal Register.

22 ‘‘(3) COORDINATION.—Grants may only be

23 awarded under this subpart to eligible entities that

24 agree to coordinate activities carried out under other

25 Federal, State, and local grants, received by the mem-
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1 bers of the partnership for purposes and target popu2 lations described in this subpart, into an integrated

3 service delivery system located at a school, cultural, or

4 other community-based site accessible to and utilized

5 by at-risk youth.

6 ‘‘(4) ELIGIBLE ENTITIES.—For purposes of this

7 subpart, the term ‘eligible entity’ means a partner8 ship between or among—

9 ‘‘(A)(i) one or more local educational agen10 cies; or

11 ‘‘(ii) one or more individual schools that

12 are eligible to participate in a schoolwide pro13 gram under section 1114; and

14 ‘‘(B) at least 1 institution of higher edu15 cation, museum, local arts agency, or nonprofit

16 cultural organization or institution with exper17 tise in music, dance, theater, creative writing, or

18 visual arts, that is accessible to individuals with19 in the school district of such local educational

20 agency or school, and that has a history of pro21 viding quality services to the community, which

22 may include—

23 ‘‘(i) nonprofit institutions of higher

24 education, museums, libraries, performing,

25 presenting and exhibiting arts organiza-
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1 tions, literary arts organizations, State and

2 local arts organizations, cultural institu3 tions, and zoological and botanical organi4 zations; or

5 ‘‘(ii) private for-profit entities with a

6 history of training youth in the arts.

7 ‘‘(5) GEOGRAPHIC DISTRIBUTION.—In awarding

8 grants under this subpart the Secretary, to the extent

9 feasible, shall ensure an equitable geographic distribu10 tion of the grants.

11 ‘‘(6) DURATION.—Grants made under this sub12 part may be renewable for a maximum of 5 years if

13 the Secretary determines that the eligible recipient

14 has made satisfactory progress toward the achieve15 ment of the program objectives described in the appli16 cation.

17 ‘‘(7) MODELS.—The Secretary, in consultation

18 with the Chairman of the National Endowment for

19 the Humanities, the Chairman of the National En20 dowment for the Arts, and the Director of the Insti21 tute of Museum and Library Services, or their des22 ignees, shall submit successful models developed under

23 this subpart to the National Diffusion Network for re24 view.
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1 ‘‘(c) TARGET POPULATION.—To be eligible for a grant

2 under this subpart an eligible entity shall support activities

3 under this part that serve—

4 ‘‘(1) students enrolled in schools participating in

5 a schoolwide program under section 1114 and the

6 families of such students to the extent practicable;

7 ‘‘(2) out-of-school at-risk youth; or

8 ‘‘(3) a combination of in-school and out-of-school

9 at-risk youth.

10 ‘‘SEC. 3523. AUTHORIZED ACTIVITIES.

11 ‘‘(a) IN GENERAL.—Grants awarded under this sub12 part may be used—

13 ‘‘(1) to develop, acquire, implement, and expand

14 school-based coordinated educational and cultural

15 programs to strengthen the educational performance

16 and potential of in-school or out-of-school at-risk

17 youth through grants, cooperative agreements or con18 tracts, or through the provision of services;

19 ‘‘(2) to provide at-risk youth with integrated cul20 tural activities designed to improve academic achieve21 ment and the transition of such students to all levels

22 of education from prekindergarten to secondary school

23 and beyond;

24 ‘‘(3) to work with school personnel on staff devel25 opment activities that—
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1 (A) encourage the integration of arts into

2 the curriculum; and

3 (B) to the greatest extent practicable, are

4 tied to challenging State content standards and

5 challenging State student performance standards;

6 ‘‘(4) for cultural programs that encourage the ac7 tive participation of parents in the education of their

8 children; and

9 ‘‘(5) for assistance that allows local artists to

10 work with at-risk youth in schools.

11 ‘‘(b) APPLICATIONS.—

12 ‘‘(1) IN GENERAL.—Each eligible entity desiring

13 a grant under this subpart shall submit an applica14 tion to the Secretary at such time, in such manner,

15 and accompanied by such information as the Sec16 retary may reasonably require.

17 ‘‘(2) CONTENTS.—Each application submitted

18 pursuant to paragraph (1) shall—

19 ‘‘(A) describe the cultural entity or entities

20 that will participate in the partnership;

21 ‘‘(B) describe the target population to be

22 served;

23 ‘‘(C) describe the services to be provided;

24 ‘‘(D) describe a plan for evaluating the suc25 cess of the program;
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1 ‘‘(E) in the case of each local educational

2 agency or school participating in the partner3 ship, describe how the activities assisted under

4 this subpart will be perpetuated beyond the du5 ration of the grant;

6 ‘‘(F) describe the manner in which the eligi7 ble entity will improve the educational achieve8 ment or potential of at-risk youth through more

9 effective coordination of cultural services in the

10 community;

11 ‘‘(G) describe the overall and operational

12 goals of the program;

13 ‘‘(H) describe the nature and location of all

14 planned sites where services will be delivered and

15 a description of services which will be provided

16 at each site; and

17 ‘‘(I) describe training that will be provided

18 to individuals who are not trained to work with

19 youth, and how teachers will be involved.

20 ‘‘SEC. 3524. PAYMENTS; AMOUNTS OF AWARD; COST SHARE;

21 LIMITATIONS.

22 ‘‘(a) PAYMENTS.—

23 ‘‘(1) IN GENERAL.—The Secretary shall pay to

24 each eligible recipient having an application ap-
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1 proved under section 3523(b) the Federal share of the

2 cost of the activities described in the application.

3 ‘‘(2) SPECIAL RULE.—

4 ‘‘(A) IN GENERAL.—Grants awarded under

5 this subpart shall be of sufficient size, scope, and

6 quality to be effective.

7 ‘‘(B) NONDUPLICATION.—The Secretary

8 shall award grants under this subpart so as to

9 ensure nonduplication of services provided by

10 grant recipients and services provided by—

11 ‘‘(i) the National Endowment for the

12 Humanities;

13 ‘‘(ii) the National Endowment for the

14 Arts; and

15 ‘‘(iii) the Institute of Museum and Li16 brary Services.

17 ‘‘(b) COST SHARE.—

18 ‘‘(1) FEDERAL SHARE.—The Federal share of the

19 cost of activities assisted under a grant under this

20 subpart shall be 80 percent of the cost of carrying out

21 the activities.

22 ‘‘(2) NON-FEDERAL SHARE.—The non-Federal

23 share of the cost of activities assisted under a grant

24 under this subpart shall be 20 percent of the cost of

25 carrying out the activities, and may be provided in
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1 cash or in kind, fairly evaluated, including the provi2 sion of equipment, services, or facilities.

3 ‘‘(c) LIMITATIONS.—

4 ‘‘(1) SUPPLEMENT AND NOT SUPPLANT.—Grant

5 funds awarded under this part shall be used to sup6 plement not supplant the amount of funds made

7 available from non-Federal sources, for the activities

8 assisted under this subpart, in amounts that exceed

9 the amounts expended for such activities in the year

10 preceding the year for which the grant is awarded.

11 ‘‘(2) EVALUATION; REPLICATION; ADMINISTRA12 TIVE COSTS.—

13 ‘‘(A) SECRETARY.—The Secretary may re14 serve not more than 5 percent of the grant funds

15 received under this subpart in each fiscal year

16 for the costs of evaluation and replication of pro17 grams funded under this subpart.

18 ‘‘(B) ELIGIBLE RECIPIENTS.—Each eligible

19 recipient may reserve not more than 5 percent of

20 any grant funds received under this subpart in

21 each fiscal year for the costs of administration,

22 including review and evaluation of each program

23 assisted under this subpart.
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1 ‘‘SEC. 3525. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘There are authorized to be appropriated to carry out

3 this subpart, $45,000,000 for fiscal year 2001, and such

4 sums as may be necessary for each of the 4 succeeding fiscal

5 years.

6 ‘‘PART E—ADVANCED PLACEMENT PROGRAMS

7 ‘‘SEC. 3601. SHORT TITLE.

8 ‘‘This part may be cited as the ‘Access to High Stand9 ards Act’.

10 ‘‘SEC. 3602. FINDINGS AND PURPOSES.

11 ‘‘(a) FINDINGS.—Congress finds that—

12 ‘‘(1) far too many students are not being pro13 vided sufficient academic preparation in secondary

14 school, which results in limited employment opportu15 nities, college dropout rates of over 25 percent for the

16 first year of college, and remediation for almost one17 third of incoming college freshmen;

18 ‘‘(2) there is a growing consensus that raising

19 academic standards, establishing high academic ex20 pectations, and showing concrete results are at the

21 core of improving public education;

22 ‘‘(3) modeling academic standards on the well23 known program of advanced placement courses is an

24 approach that many education leaders and almost

25 half of all States have endorsed;
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1 ‘‘(4) advanced placement programs already are

2 providing 30 different college-level courses, serving al3 most 60 percent of all secondary schools, reaching

4 over 1,000,000 students (of whom 80 percent attend

5 public schools, 55 percent are females, and 30 percent

6 are minorities), and providing test scores that are ac7 cepted for college credit at over 3,000 colleges and

8 universities, every university in Germany, France,

9 and Austria, and most institutions in Canada and

10 the United Kingdom;

11 ‘‘(5) 24 States are now funding programs to in12 crease participation in advanced placement pro13 grams, including 19 States that provide funds for ad14 vanced placement teacher professional development, 3

15 States that require that all public secondary schools

16 offer advanced placement courses, 10 States that pay

17 the fees for advanced placement tests for some or all

18 students, and 4 States that require that their public

19 universities grant uniform academic credit for scores

20 of 3 or better on advanced placement tests; and

21 ‘‘(6) the State programs described in paragraph

22 (5) have shown the responsiveness of schools and stu23 dents to such programs, raised the academic stand24 ards for both students participating in such programs

25 and other children taught by teachers who are in-
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1 volved in advanced placement courses, and shown tre2 mendous success in increasing enrollment, achieve3 ment, and minority participation in advanced place4 ment programs.

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

6 ‘‘(1) to encourage more of the 600,000 students

7 who take advanced placement courses but do not take

8 advanced placement exams each year to demonstrate

9 their achievements through taking the exams;

10 ‘‘(2) to build on the many benefits of advanced

11 placement programs for students, which benefits may

12 include the acquisition of skills that are important to

13 many employers, Scholastic Aptitude Tests (SAT)

14 scores that are 100 points above the national aver15 ages, and the achievement of better grades in sec16 ondary school and in college than the grades of stu17 dents who have not participated in the programs;

18 ‘‘(3) to support State and local efforts to raise

19 academic standards through advanced placement pro20 grams, and thus further increase the number of stu21 dents who participate and succeed in advanced place22 ment programs;

23 ‘‘(4) to increase the availability and broaden the

24 range of schools that have advanced placement pro25 grams, which programs are still often distributed un-
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1 evenly among regions, States, and even secondary

2 schools within the same school district, while also in3 creasing and diversifying student participation in the

4 programs;

5 ‘‘(5) to build on the State programs described in

6 subsection (a)(5) and demonstrate that larger and

7 more diverse groups of students can participate and

8 succeed in advanced placement programs;

9 ‘‘(6) to provide greater access to advanced place10 ment courses for low-income and other disadvantaged

11 students;

12 ‘‘(7) to provide access to advanced placement

13 courses for secondary school juniors at schools that do

14 not offer advanced placement programs, increase the

15 rate of secondary school juniors and seniors who par16 ticipate in advanced placement courses to 25 percent

17 of the secondary school student population, and in18 crease the numbers of students who receive advanced

19 placement test scores for which college academic credit

20 is awarded; and

21 ‘‘(8) to increase the participation of low-income

22 individuals in taking advanced placement tests

23 through the payment or partial payment of the costs

24 of the advanced placement test fees.
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1 ‘‘SEC. 3603. FUNDING DISTRIBUTION RULE.

2 ‘‘From amounts appropriated under section 3608 for

3 a fiscal year, the Secretary shall give first priority to fund4 ing activities under section 3606, and shall distribute any

5 remaining funds not so applied according to the following

6 ratio:

7 ‘‘(1) Seventy percent of the remaining funds

8 shall be available to carry out section 3604.

9 ‘‘(2) Thirty percent of the remaining funds shall

10 be available to carry out section 3605.

11 ‘‘SEC. 3604. ADVANCED PLACEMENT PROGRAM GRANTS.

12 ‘‘(a) GRANTS AUTHORIZED.—

13 ‘‘(1) IN GENERAL.—From amounts appropriated

14 under section 3608 and made available under section

15 3603(1) for a fiscal year, the Secretary shall award

16 grants, on a competitive basis, to eligible entities to

17 enable the eligible entities to carry out the authorized

18 activities described in subsection (c).

19 ‘‘(2) DURATION AND PAYMENTS.—

20 ‘‘(A) DURATION.—The Secretary shall

21 award a grant under this section for a period of

22 3 years.

23 ‘‘(B) PAYMENTS.—The Secretary shall make

24 grant payments under this section on an annual

25 basis.
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1 ‘‘(3) DEFINITION OF ELIGIBLE ENTITY.—In this

2 section, the term ‘eligible entity’ means a State edu3 cational agency, or a local educational agency, in the

4 State.

5 ‘‘(b) PRIORITY.—In awarding grants under this sec6 tion the Secretary shall give priority to eligible entities sub7 mitting applications under subsection (d) that

8 demonstrate—

9 ‘‘(1) a pervasive need for access to advanced

10 placement incentive programs;

11 ‘‘(2) the involvement of business and community

12 organizations in the activities to be assisted;

13 ‘‘(3) the availability of matching funds from

14 State or local sources to pay for the cost of activities

15 to be assisted;

16 ‘‘(4) a focus on developing or expanding ad17 vanced placement programs and participation in the

18 core academic areas of English, mathematics, and

19 science; and

20 ‘‘(5)(A) in the case of an eligible entity that is

21 a State educational agency, the State educational

22 agency carries out programs in the State that

23 target—
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1 ‘‘(i) local educational agencies serving

2 schools with a high concentration of low-income

3 students; or

4 ‘‘(ii) schools with a high concentration of

5 low-income students; or

6 ‘‘(B) in the case of an eligible entity that is a

7 local educational agency, the local educational agency

8 serves schools with a high concentration of low-income

9 students.

10 ‘‘(c) AUTHORIZED ACTIVITIES.—An eligible entity

11 may use grant funds under this section to expand access

12 for low-income individuals to advanced placement incentive

13 programs that involve—

14 ‘‘(1) teacher training;

15 ‘‘(2) preadvanced placement course development;

16 ‘‘(3) curriculum coordination and articulation

17 between grade levels that prepare students for ad18 vanced placement courses;

19 ‘‘(4) curriculum development;

20 ‘‘(5) books and supplies; and

21 ‘‘(6) any other activity directly related to ex22 panding access to and participation in advanced

23 placement incentive programs particularly for low-in24 come individuals.
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1 ‘‘(d) APPLICATION.—Each eligible entity desiring a

2 grant under this section shall submit an application to the

3 Secretary at such time, in such manner, and accompanied

4 by such information as the Secretary may require.

5 ‘‘(e) DATA COLLECTION AND REPORTING.—

6 ‘‘(1) DATA COLLECTION.—Each eligible entity re7 ceiving a grant under this section shall annually re8 port to the Secretary—

9 ‘‘(A) the number of students taking ad10 vanced placement courses who are served by the

11 eligible entity;

12 ‘‘(B) the number of advanced placement

13 tests taken by students served by the eligible enti14 ty;

15 ‘‘(C) the scores on the advanced placement

16 tests; and

17 ‘‘(D) demographic information regarding

18 individuals taking the advanced placement

19 courses and tests disaggregated by race, eth20 nicity, sex, English proficiency status, and socio21 economic status.

22 ‘‘(2) REPORT.—The Secretary shall annually

23 compile the information received from each eligible

24 entity under paragraph (1) and report to Congress

25 regarding the information.
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1 ‘‘SEC. 3605. ON-LINE ADVANCED PLACEMENT COURSES.

2 ‘‘(a) GRANTS AUTHORIZED.—From amounts appro3 priated under section 3608 and made available under sec4 tion 3603(2) for a fiscal year, the Secretary shall award

5 grants to State educational agencies to enable such agencies

6 to award grants to local educational agencies to provide

7 students with on-line advanced placement courses.

8 ‘‘(b) STATE EDUCATIONAL AGENCY APPLICATIONS.—

9 ‘‘(1) APPLICATION REQUIRED.—Each State edu10 cational agency desiring a grant under this section

11 shall submit an application to the Secretary at such

12 time, in such manner, and accompanied by such in13 formation as the Secretary may require.

14 ‘‘(2) AWARD BASIS.—The Secretary shall award

15 grants under this section on a competitive basis.

16 ‘‘(c) GRANTS TO LOCAL EDUCATIONAL AGENCIES.—

17 Each State educational agency receiving a grant award

18 under subsection (b) shall award grants to local educational

19 agencies within the State to carry out activities described

20 in subsection (e). In awarding grants under this subsection,

21 the State educational agency shall give priority to local

22 educational agencies that—

23 ‘‘(1) serve high concentrations of low-income stu24 dents;

25 ‘‘(2) serve rural areas; and
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1 ‘‘(3) the State educational agency determines

2 would not have access to on-line advanced placement

3 courses without assistance provided under this sec4 tion.

5 ‘‘(d) CONTRACTS.—A local educational agency that re6 ceives a grant under this section may enter into a contract

7 with a nonprofit or for-profit organization to provide the

8 on-line advanced placement courses, including contracting

9 for necessary support services.

10 ‘‘(e) USES.—Grant funds provided under this section

11 may be used to purchase the on-line curriculum, to train

12 teachers with respect to the use of on-line curriculum, or

13 to purchase course materials.

14 ‘‘SEC. 3606. ADVANCED PLACEMENT INCENTIVE PROGRAM.

15 ‘‘(a) GRANTS AUTHORIZED.—From amounts appro16 priated under section 3608 and made available under sec17 tion 3603 for a fiscal year, the Secretary shall award grants

18 to State educational agencies having applications approved

19 under subsection (c) to enable the State educational agencies

20 to reimburse low-income individuals to cover part or all

21 of the costs of advanced placement test fees, if the low-in22 come individuals—

23 ‘‘(1) are enrolled in an advanced placement

24 class; and

25 ‘‘(2) plan to take an advanced placement test.
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1 ‘‘(b) AWARD BASIS.—In determining the amount of

2 the grant awarded to each State educational agency under

3 this section for a fiscal year, the Secretary shall consider

4 the number of children eligible to be counted under section

5 1124(c) in the State in relation to the number of such chil6 dren so counted in all the States.

7 ‘‘(c) INFORMATION DISSEMINATION.—A State edu8 cational agency shall disseminate information regarding

9 the availability of advanced placement test fee payments

10 under this section to eligible individuals through secondary

11 school teachers and guidance counselors.

12 ‘‘(d) APPLICATIONS.—Each State educational agency

13 desiring a grant under this section shall submit an applica14 tion to the Secretary at such time, in such manner, and

15 accompanied by such information as the Secretary may re16 quire. At a minimum, each State educational agency appli17 cation shall—

18 ‘‘(1) describe the advanced placement test fees the

19 State educational agency will pay on behalf of low20 income individuals in the State from grant funds

21 made available under this section;

22 ‘‘(2) provide an assurance that any grant funds

23 received under this section, other than funds used in

24 accordance with subsection (e), shall be used only to

25 pay for advanced placement test fees; and
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1 ‘‘(3) contain such information as the Secretary

2 may require to demonstrate that the State will ensure

3 that a student is eligible for payments under this sec4 tion, including documentation required under chapter

5 1 of subpart 2 of part A of title IV of the Higher

6 Education Act of 1965 (20 U.S.C. 1070a–11 et seq.).

7 ‘‘(e) ADDITIONAL USES OF FUNDS.—If each eligible

8 low-income individual in a State pays not more than a

9 nominal fee to take an advanced placement test in a core

10 subject, then a State educational agency may use grant

11 funds made available under this section that remain after

12 advanced placement test fees have been paid on behalf of

13 all eligible low-income individuals in the State, for activi14 ties directly related to increasing—

15 ‘‘(1) the enrollment of low-income individuals in

16 advanced placement courses;

17 ‘‘(2) the participation of low-income individuals

18 in advanced placement courses; and

19 ‘‘(3) the availability of advanced placement

20 courses in schools serving high-poverty areas.

21 ‘‘(f) SUPPLEMENT, NOT SUPPLANT.—Grant funds pro22 vided under this section shall supplement, and not sup23 plant, other non-federal funds that are available to assist

24 low-income individuals in paying for the cost of advanced

25 placement test fees.
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1 ‘‘(g) REGULATIONS.—The Secretary shall prescribe

2 such regulations as are necessary to carry out this section.

3 ‘‘(h) REPORT.—Each State educational agency annu4 ally shall report to the Secretary information regarding—

5 ‘‘(1) the number of low-income individuals in the

6 State who received assistance under this section; and

7 ‘‘(2) any activities carried out pursuant to sub8 section (e).

9 ‘‘(i) DEFINITIONS.—In this section:

10 ‘‘(1) ADVANCED PLACEMENT TEST.—The term

11 ‘advanced placement test’ includes only an advanced

12 placement test approved by the Secretary for the pur13 poses of this section.

14 ‘‘(2) LOW-INCOME INDIVIDUAL.—The term ‘low15 income individual’ has the meaning given the term in

16 section 402A(g)(2) of the Higher Education Act of

17 1965 (20 U.S.C. 1070a–11(g)(2)).

18 ‘‘SEC. 3607. DEFINITIONS.

19 ‘‘In this part:

20 ‘‘(1) ADVANCED PLACEMENT INCENTIVE PRO21 GRAM.—The term ‘advanced placement incentive pro22 gram’ means a program that provides advanced

23 placement activities and services to low-income indi24 viduals.
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1 ‘‘(2) ADVANCED PLACEMENT TEST.—The term

2 ‘advanced placement test’ means an advanced place3 ment test administered by the College Board or ap4 proved by the Secretary.

5 ‘‘(3) HIGH CONCENTRATION OF LOW-INCOME

6 STUDENTS.—The term ‘high concentration of low-in7 come students’, used with respect to a State edu8 cational agency, local educational agency or school,

9 means an agency or school, as the case may be, that

10 serves a student population 40 percent or more of

11 whom are from families with incomes below the pov12 erty level, as determined in the same manner as the

13 determination is made under section 1124(c)(2).

14 ‘‘(4) LOW-INCOME INDIVIDUAL.—The term ‘low15 income individual’ means, other than for purposes of

16 section 3606, a low-income individual (as defined in

17 section 402A(g)(2) of the Higher Education Act of

18 1965 (20 U.S.C. 1070a–11(g)(2)) who is academically

19 prepared to take successfully an advanced placement

20 test as determined by a school teacher or advanced

21 placement coordinator taking into consideration fac22 tors such as enrollment and performance in an ad23 vanced placement course or superior academic ability.

24 ‘‘(5) INSTITUTION OF HIGHER EDUCATION.—The

25 term ‘institution of higher education’ has the meaning
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1 given the term in section 101(a) of the Higher Edu2 cation Act of 1965 (20 U.S.C. 1001(a)).

3 ‘‘(6) STATE.—The term ‘State’ means each of the

4 several States of the United States, the District of Co5 lumbia, the Commonwealth of Puerto Rico, Guam,

6 American Samoa, the United States Virgin Islands,

7 the Republic of the Marshall Islands, the Federated

8 States of Micronesia, and the Republic of Palau.

9 ‘‘SEC. 3608. AUTHORIZATION OF APPROPRIATIONS.

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

11 authorized to be appropriated $50,000,000 for fiscal year

12 2001, and such sums as may be necessary for each of the

13 4 succeeding fiscal years.’’.

14 SEC. 302. DISSEMINATION OF ADVANCED PLACEMENT IN15 FORMATION.

16 Each institution of higher education receiving Federal

17 funds for research or for programs assisted under the High18 er Education Act of 1965 (20 U.S.C. 1001 et seq.)—

19 (1) shall distribute to secondary school counselors

20 or advanced placement coordinators in the State in21 formation with respect to the amount and type of

22 academic credit provided to students at the institu23 tion of higher education for advanced placement test

24 scores; and
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1 (2) shall standardize, not later than 4 years after

2 the date of enactment of this Act, the form and man3 ner in which the information described in subpara4 graph (1) is disseminated by the various departments,

5 offices, or other divisions of the institution of higher

6 education.

7 SEC. 303. TECHNICAL AND CONFORMING AMENDMENTS.

8 Section 4 of the Education Flexibility Partnership Act

9 of 1999 (20 U.S.C. 5891b) is amended—

10 (1) in subsection (b)(3), by striking ‘‘Subpart 2

11 of part A of title III of the Elementary and Sec12 ondary Education Act of 1965 (other than section

13 3136 of such Act)’’ and inserting ‘‘Subpart 2 of part

14 A of title V of the Elementary and Secondary Edu15 cation Act of 1965 (other than section 5136 of such

16 Act)’’; and

17 (2) in subsection (d)(4), by striking ‘‘subpart 2

18 of part A of title III of the Elementary and Sec19 ondary Education Act of 1965 (other than section

20 3136 of such Act)’’ and inserting ‘‘subpart 2 of part

21 A of title V of the Elementary and Secondary Edu22 cation Act of 1965 (other than section 5136 of such

23 Act)’’.
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1 TITLE IV—SAFE AND DRUG-FREE

2 SCHOOLS AND COMMUNITIES

3 SEC. 401. AMENDMENT TO THE ELEMENTARY AND SEC4 ONDARY EDUCATION ACT OF 1965.

5 Title IV (20 U.S.C. 7101 et seq.) is amended to read

6 as follows:

7 ‘‘TITLE IV—SAFE AND DRUG8 FREE SCHOOLS AND COMMU9 NITIES

10 ‘‘PART A—STATE GRANTS

11 ‘‘SEC. 4001. SHORT TITLE.

12 ‘‘This part may be cited as the ‘Safe and Drug-Free

13 Schools and Communities Act of 1994’.

14 ‘‘SEC. 4002. FINDINGS.

15 ‘‘Congress makes the following findings:

16 ‘‘(1) Every student should attend a school in a

17 drug- and violence-free learning environment.

18 ‘‘(2) The widespread illegal use of alcohol and

19 drugs among the Nation’s secondary school students,

20 and increasingly by students in elementary schools as

21 well, constitutes a grave threat to such students’ phys22 ical and mental well-being, and significantly impedes

23 the learning process. For example, data show that stu24 dents who drink tend to receive lower grades and are
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1 more likely to miss school because of illness than stu2 dents who do not drink.

3 ‘‘(3) Drug and violence prevention programs are

4 essential components of a comprehensive strategy to

5 promote school safety, youth development, positive

6 school outcomes, and to reduce the demand for and il7 legal use of alcohol, tobacco and drugs throughout the

8 Nation. Schools, local organizations, parents, stu9 dents, and communities throughout the Nation have a

10 special responsibility to work together to combat the

11 continuing epidemic of violence and illegal drug use

12 and should measure the success of their programs

13 against clearly defined goals and objectives.

14 ‘‘(4) Drug and violence prevention programs are

15 most effective when implemented within a research16 based, drug and violence prevention framework of

17 proven effectiveness.

18 ‘‘(5) Research clearly shows that community con19 texts contribute to substance abuse and violence.

20 ‘‘(6) Substance abuse and violence are intricately

21 related and must be dealt with in a holistic manner.

22 ‘‘(7) Research has documented that parental be23 havior and environment directly influence a child’s

24 inclination to use alcohol, tobacco or drugs.
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1 ‘‘SEC. 4003. PURPOSE.

2 ‘‘The purpose of this part is to support programs that

3 prevent violence in and around schools and prevent the ille4 gal use of alcohol, tobacco, and drugs, involve parents, and

5 are coordinated with related Federal, State, school, and

6 community efforts and resources, through the provision of

7 Federal assistance to—

8 ‘‘(1) States for grants to local educational agen9 cies and educational service agencies and consortia of

10 such agencies to establish, operate, and improve local

11 programs of school drug and violence prevention,

12 early intervention, rehabilitation referral, and edu13 cation in elementary and secondary schools for the de14 velopment and implementation of policies that set

15 clear and appropriate standards regarding the illegal

16 use of alcohol, tobacco and drugs, and for violent be17 havior (including intermediate and junior high

18 schools);

19 ‘‘(2) States for grants to, and contracts with,

20 community-based organizations and other public and

21 private nonprofit agencies and organizations for pro22 grams of drug and violence prevention including com23 munity mobilization, early intervention, rehabilita24 tion referral, and education;

25 ‘‘(3) States for development, training, technical

26 assistance, and coordination activities; and
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1 ‘‘(4) public and private nonprofit organizations

2 to provide technical assistance, conduct training,

3 demonstrations, and evaluation, and to provide sup4 plementary services and community mobilization ac5 tivities for the prevention of drug use and violence

6 among students and youth.

7 ‘‘SEC. 4004. FUNDING.

8 ‘‘There are authorized to be appropriated—

9 ‘‘(1) $700,000,000 for fiscal year 2001, and such

10 sums as may be necessary for each of the 4 succeeding

11 fiscal years, for State grants under subpart 1;

12 ‘‘(2) $150,000,000 for fiscal year 2001, and such

13 sums as may be necessary for each of the 4 succeeding

14 fiscal years, for national programs under subpart 2;

15 and

16 ‘‘(3) $75,000,000 for fiscal year 2001, and such

17 sums as may be necessary for each of the 4 succeeding

18 fiscal years, for the National Coordinator Initiative

19 under section 4122.

20 ‘‘Subpart 1—STATE GRANTS FOR DRUG AND

21 VIOLENCE PREVENTION PROGRAMS

22 ‘‘SEC. 4111. RESERVATIONS AND ALLOTMENTS.

23 ‘‘(a) RESERVATIONS.—From the amount made avail24 able under section 4004(1) to carry out this subpart for each

25 fiscal year, the Secretary—
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1 ‘‘(1) shall reserve 1 percent of such amount for

2 grants under this subpart to Guam, American

3 Samoa, the Virgin Islands, and the Commonwealth of

4 the Northern Mariana Islands, to be allotted in ac5 cordance with the Secretary’s determination of their

6 respective needs;

7 ‘‘(2) shall reserve 1 percent of such amount for

8 the Secretary of the Interior to carry out programs

9 under this part for Indian youth;

10 ‘‘(3) may reserve not more than $2,000,000 for

11 the national impact evaluation required by section

12 4117(a); and

13 ‘‘(4) shall reserve 0.2 percent of such amount for

14 programs for Native Hawaiians under section 4118.

15 ‘‘(b) STATE ALLOTMENTS.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), the Secretary shall, for each fiscal year, al18 locate among the States—

19 ‘‘(A) one-half of the remainder not reserved

20 under subsection (a) according to the ratio be21 tween the school-aged population of each State

22 and the school-aged population of all the States;

23 and

24 ‘‘(B) one-half of such remainder according

25 to the ratio between the amount each State re-
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1 ceived under section 1124A for the preceding

2 year and the sum of such amounts received by

3 all the States.

4 ‘‘(2) MINIMUM.—For any fiscal year, no State

5 shall be allotted under this subsection an amount that

6 is less than one-half of 1 percent of the total amount

7 allotted to all the States under this subsection.

8 ‘‘(3) REALLOTMENT.—The Secretary may reallot

9 any amount of any allotment to a State if the Sec10 retary determines that the State will be unable to use

11 such amount within 2 years of such allotment. Such

12 reallotments shall be made on the same basis as allot13 ments are made under paragraph (1).

14 ‘‘(4) DEFINITIONS.—In this subsection:

15 ‘‘(A) STATE.—The term ‘State’ means each

16 of the 50 States, the District of Columbia, and

17 the Commonwealth of Puerto Rico.

18 ‘‘(B) LOCAL EDUCATIONAL AGENCY.—The

19 term ‘local educational agency’ includes edu20 cational service agencies and consortia of such

21 agencies.

22 ‘‘(c) LIMITATION.—Amounts appropriated under sec23 tion 4004(2) for a fiscal year may not be increased above

24 the amounts appropriated under such section for the pre25 vious fiscal year unless the amounts appropriated under
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1 section 4004(1) for the fiscal year involved are at least 10

2 percent greater that the amounts appropriated under such

3 section 4004(1) for the previous fiscal year.

4 ‘‘SEC. 4112. STATE APPLICATIONS.

5 ‘‘(a) IN GENERAL.—In order to receive an allotment

6 under section 4111 for any fiscal year, a State shall submit

7 to the Secretary, at such time as the Secretary may require,

8 an application that—

9 ‘‘(1) contains a comprehensive plan for the use

10 of funds by the State educational agency and the chief

11 executive officer to provide safe, orderly, and drug-free

12 schools and communities;

13 ‘‘(2) contains the results of the State’s needs as14 sessment for drug and violence prevention programs,

15 which shall be based on the results of on-going State

16 evaluation activities, including data on the incidence

17 and prevalence, age of onset, perception of health risk,

18 and perception of social disapproval of drug use and

19 violence by youth in schools and communities and the

20 prevalence of risk or protective factors, buffers or as21 sets or other research-based variables in the school and

22 community;

23 ‘‘(3) contains assurances that the sections of the

24 application concerning the funds provided to the chief

25 executive officer and the State educational agency
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1 were developed together, with each such officer or

2 State representative, in consultation and coordination

3 with appropriate State officials and others, including

4 the chief State school officer, the chief executive officer,

5 the head of the State alcohol and drug abuse agency,

6 the heads of the State health and mental health agen7 cies, the head of the State criminal justice planning

8 agency, the head of the State child welfare agency, the

9 head of the State board of education, or their des10 ignees, and representatives of parents, students, and

11 community-based organizations;

12 ‘‘(4) contains an assurance that the State will

13 cooperate with, and assist, the Secretary in con14 ducting a national impact evaluation of programs re15 quired by section 4117(a);

16 ‘‘(5) contains assurances that the State education

17 agency and the Governor will develop their respective

18 applications in consultation with an advisory council

19 that includes, to the extent practicable, representatives

20 from school districts, businesses, parents, youth, teach21 ers, administrators, pupil services personnel, private

22 schools, appropriate State agencies, community-based

23 organization, the medical profession, law enforcement,

24 the faith-based community and other groups with in-
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1 terest and expertise in alcohol, tobacco, drug, and vio2 lence prevention;

3 ‘‘(6) contains assurances that the State education

4 agency and the Governor involve the representatives

5 described in paragraph (5), on an ongoing basis, to

6 review program evaluations and other relevant mate7 rial and make recommendations to the State edu8 cation agency and the Governor on how to improve

9 their respective alcohol, tobacco, drug, and violence

10 prevention programs;

11 ‘‘(7) contains a list of the State’s results-based

12 performance measures for drug and violence preven13 tion, that shall—

14 ‘‘(A) be focused on student behavior and at15 titudes and be derived from the needs assessment;

16 ‘‘(B) include targets and due dates for the

17 attainment of such performance measures; and

18 ‘‘(C) include a description of the procedures

19 that the State will use to inform local edu20 cational agencies of such performance measures

21 for assessing and publicly reporting progress to22 ward meeting such measures or revising them as

23 needed; and

24 ‘‘(8) includes any other information the Sec25 retary may require.
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1 ‘‘(b) STATE EDUCATIONAL AGENCY FUNDS.—A State’s

2 application under this section shall also contain a com3 prehensive plan for the use of funds under section 4113(a)

4 by the State educational agency that includes—

5 ‘‘(1) a plan for monitoring the implementation

6 of, and providing technical assistance regarding, the

7 drug and violence prevention programs conducted by

8 local educational agencies in accordance with section

9 4116

10 ‘‘(2) a description of how the State educational

11 agency will use funds under section 4113(b), includ12 ing how the agency will receive input from parents

13 regarding the use of such funds;

14 ‘‘(3) a description of how the State educational

15 agency will coordinate such agency’s activities under

16 this subpart with the chief executive officer’s drug and

17 violence prevention programs under this subpart and

18 with the prevention efforts of other State agencies;

19 and

20 ‘‘(4) a description of the procedures the State

21 educational agency will use to review applications

22 from and allocate funding to local educational agen23 cies under section 4115 and how such review will re24 ceive input from parents.
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1 ‘‘(c) GOVERNOR’S FUNDS.—A State’s application

2 under this section shall also contain a comprehensive plan

3 for the use of funds under section 4114(a) by the chief execu4 tive officer that includes, with respect to each activity to

5 be carried out by the State—

6 ‘‘(1) a description of how the chief executive offi7 cer will coordinate such officer’s activities under this

8 part with the State educational agency and other

9 State agencies and organizations involved with drug

10 and violence prevention efforts;

11 ‘‘(2) a description of how funds reserved under

12 section 4114(a) will be used so as not to duplicate the

13 efforts of the State educational agency and local edu14 cational agencies with regard to the provision of

15 school-based prevention efforts and services and how

16 those funds will be used to serve populations not nor17 mally served by the State educational agency, such as

18 school dropouts and youth in detention centers;

19 ‘‘(3) a description of how the chief executive offi20 cer will award funds under section 4114(a) and a

21 plan for monitoring the performance of, and pro22 viding technical assistance to, recipients of such

23 funds;

24 ‘‘(4) a description of the special outreach activi25 ties that will be carried out to maximize the partici-
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1 pation of community-based nonprofit organizations of

2 demonstrated effectiveness which provide services in

3 low-income communities;

4 ‘‘(5) a description of how funds will be used to

5 support community-wide comprehensive drug and vi6 olence prevention planning and community mobiliza7 tion activities; and

8 ‘‘(6) a specific description of how input from

9 parents will be sought regarding the use of funds

10 under section 4114(a).

11 ‘‘(d) PEER REVIEW.—The Secretary shall use a peer

12 review process in reviewing State applications under this

13 section.

14 ‘‘(e) INTERIM APPLICATION.—Notwithstanding any

15 other provisions of this section, a State may submit for fis16 cal year 2000 a 1-year interim application and plan for

17 the use of funds under this subpart that are consistent with

18 the requirements of this section and contain such informa19 tion as the Secretary may specify in regulations. The pur20 pose of such interim application and plan shall be to afford

21 the State the opportunity to fully develop and review such

22 State’s application and comprehensive plan otherwise re23 quired by this section. A State may not receive a grant

24 under this subpart for a fiscal year subsequent to fiscal year

25 2000 unless the Secretary has approved such State’s appli-
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1 cation and comprehensive plan in accordance with this sub2 part.

3 ‘‘SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PRO4 GRAMS.

5 ‘‘(a) USE OF FUNDS.—An amount equal to 80 percent

6 of the total amount allocated to a State under section 4111

7 for each fiscal year shall be used by the State educational

8 agency and its local educational agencies for drug and vio9 lence prevention activities in accordance with this section.

10 ‘‘(b) STATE LEVEL PROGRAMS.—

11 ‘‘(1) IN GENERAL.—A State educational agency

12 shall use not more than 5 percent of the amount

13 available under subsection (a) for activities such as—

14 ‘‘(A) voluntary training and technical as15 sistance concerning drug and violence prevention

16 for local educational agencies and educational

17 service agencies, including teachers, administra18 tors, coaches and athletic directors, other staff,

19 parents, students, community leaders, health

20 service providers, local law enforcement officials,

21 and judicial officials;

22 ‘‘(B) the development, identification, dis23 semination, and evaluation of the most readily

24 available, accurate, and up-to-date drug and vio25 lence prevention curriculum materials (including
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1 videotapes, software, and other technology-based

2 learning resources), for consideration by local

3 educational agencies;

4 ‘‘(C) making available to local educational

5 agencies cost effective research-based programs

6 for youth violence and drug abuse prevention;

7 ‘‘(D) demonstration projects in drug and vi8 olence prevention, including service-learning

9 projects;

10 ‘‘(E) training, technical assistance, and

11 demonstration projects to address violence associ12 ated with prejudice and intolerance;

13 ‘‘(F) financial assistance to enhance re14 sources available for drug and violence preven15 tion in areas serving large numbers of economi16 cally disadvantaged children or sparsely popu17 lated areas, or to meet other special needs con18 sistent with the purposes of this subpart; and

19 ‘‘(G) the evaluation of activities carried out

20 within the State under this part.

21 ‘‘(2) SPECIAL RULE.—A State educational agen22 cy may carry out activities under this subsection di23 rectly, or through grants or contracts.

24 ‘‘(c) STATE ADMINISTRATION.—
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1 ‘‘(1) IN GENERAL.—A State educational agency

2 may use not more than 5 percent of the amount re3 served under subsection (a) for the administrative

4 costs of carrying out its responsibilities under this

5 part.

6 ‘‘(2) UNIFORM MANAGEMENT INFORMATION AND

7 REPORTING SYSTEM.—In carrying out its responsibil8 ities under this part, a State shall implement a uni9 form management information and reporting system

10 that includes information on the types of curricula,

11 programs and services provided by the State, Gov12 ernor, local education agencies, and other recipients of

13 funds under this title.

14 ‘‘(d) LOCAL EDUCATIONAL AGENCY PROGRAMS.—

15 ‘‘(1) IN GENERAL.—A State educational agency

16 shall distribute not less than 91 percent of the amount

17 made available under subsection (a) for each fiscal

18 year to local educational agencies in accordance with

19 this subsection.

20 ‘‘(2) DISTRIBUTION.—A State educational agen21 cy shall distribute amounts under paragraph (1) in

22 accordance with any one of the following subpara23 graphs:

24 ‘‘(A) ENROLLMENT AND COMBINATION AP25 PROACH.—Of the amount distributed under
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1 paragraph (1), a State educational agency shall

2 distribute

3 ‘‘(i) at least 70 percent of such amount

4 to local educational agencies, based on the

5 relative enrollments in public and private

6 nonprofit elementary and secondary schools

7 within the boundaries of such agencies; and

8 ‘‘(ii) not to exceed 30 percent of any

9 amounts remaining after amounts are dis10 tributed under clause (i)—

11 ‘‘(I) to each local educational

12 agency in an amount determined ap13 propriate by the State education agen14 cy; or

15 ‘‘(II) to local educational agencies

16 that the State education agency deter17 mines have the greatest need for addi18 tional funds to carry out drug and vio19 lence prevention programs authorized

20 by this subpart.

21 ‘‘(B) COMPETITIVE AND NEED APPROACH.—

22 Of the amount distributed under paragraph (1),

23 a State educational agency shall distribute

24 ‘‘(i) not to exceed 70 percent of such

25 amount to local educational agencies that
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1 the State agency determines, through a com2 petitive process, have the greatest need for

3 funds to carry out drug and violence pre4 vention programs based on criteria estab5 lished by the State agency and authorized

6 under this subpart; and

7 ‘‘(ii) at least 30 percent of any

8 amounts remaining after amounts are dis9 tributed under clause (i) to local education

10 agencies that the State agency determines

11 have a need for additional funds to carry

12 out the program authorized under this sub13 part.

14 ‘‘(3) CONSIDERATION OF OBJECTIVE DATA.—For

15 purposes of paragraph (2), in determining which

16 local educational agencies have the greatest need for

17 funds, the State educational agency shall consider ob18 jective data which may include—

19 ‘‘(A) high or increasing rates of alcohol or

20 drug use among youth;

21 ‘‘(B) high or increasing rates of victimiza22 tion of youth by violence and crime;

23 ‘‘(C) high or increasing rates of arrests and

24 convictions of youth for violent or drug- or alco25 hol-related crime;
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1 ‘‘(D) the extent of illegal gang activity;

2 ‘‘(E) high or increasing incidence of vio3 lence associated with prejudice and intolerance;

4 ‘‘(F) high or increasing rates of referrals of

5 youths to drug and alcohol abuse treatment and

6 rehabilitation programs;

7 ‘‘(G) high or increasing rates of referrals of

8 youths to juvenile court;

9 ‘‘(H) high or increasing rates of expulsions

10 and suspensions of students from schools;

11 ‘‘(I) high or increasing rates of reported

12 cases of child abuse and domestic violence; and

13 ‘‘(J) high or increasing rates of drug related

14 emergencies or deaths.

15 ‘‘(e) REALLOCATION OF FUNDS.—If a local edu16 cational agency chooses not to apply to receive the amount

17 allocated to such agency under subsection (d), or if such

18 agency’s application under section 4115 is disapproved by

19 the State educational agency, the State educational agency

20 shall reallocate such amount to one or more of its other local

21 educational agencies.

22 ‘‘(f) RETURN OF FUNDS TO STATE EDUCATIONAL

23 AGENCY; REALLOCATION.—

24 ‘‘(1) RETURN.—Except as provided in para25 graph (2), upon the expiration of the 1-year period
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1 beginning on the date that a local educational agency

2 or educational service agency under this title receives

3 its allocation under this title—

4 ‘‘(A) such agency shall return to the State

5 educational agency any funds from such alloca6 tion that remain unobligated; and

7 ‘‘(B) the State educational agency shall re8 allocate any such amount to local educational

9 agencies or educational service agencies that have

10 plans for using such amount for programs or ac11 tivities on a timely basis.

12 ‘‘(2) REALLOCATION.—In any fiscal year, a local

13 educational agency, may retain for obligation in the

14 succeeding fiscal year—

15 ‘‘(A) an amount equal to not more than 25

16 percent of the allocation it receives under this

17 title for such fiscal year; or

18 ‘‘(B) upon a demonstration of good cause by

19 such agency or consortium, a greater amount ap20 proved by the State educational agency.

21 ‘‘SEC. 4114. GOVERNOR’S PROGRAMS.

22 ‘‘(a) USE OF FUNDS.—

23 ‘‘(1) IN GENERAL.—An amount equal to 20 per24 cent of the total amount allocated to a State under

25 section 4111(b)(1) for each fiscal year shall be used by
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1 the chief executive officer of such State for drug and

2 violence prevention programs and activities in ac3 cordance with this section.

4 ‘‘(2) ADMINISTRATIVE COSTS.—A chief executive

5 officer may use not more than 5 percent of the 20 per6 cent described in paragraph (1) for the administra7 tive costs incurred in carrying out the duties of such

8 officer under this section. The chief executive officer of

9 a State may use amounts under this paragraph to

10 award grants to State, county, or local law enforce11 ment agencies, including district attorneys, in con12 sultation with local education agencies or community13 based agencies, for the purposes of carrying out drug

14 abuse and violence prevention activities.

15 ‘‘(b) STATE PLAN.—Amounts shall be used under this

16 section in accordance with a State plan submitted by the

17 chief executive office of the State. Such State plan shall

18 contain—

19 ‘‘(1) an objective analysis of the current use (and

20 consequences of such use) of alcohol, tobacco, and con21 trolled, illegal, addictive or harmful substances as well

22 as the violence, safety, and discipline problems among

23 students who attend schools in the State (including

24 private school students who participate in the States’s
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1 drug and violence prevention programs) that is based

2 on ongoing local assessment or evaluation activities;

3 ‘‘(2) an analysis, based on data reasonably

4 available at the time, of the prevalence of risk or pro5 tective factors, buffers or assets or other research-based

6 variables in schools and communities in the State;

7 ‘‘(3) a description of the research-based strategies

8 and programs, which shall be used to prevent or re9 duce drug use, violence, or disruptive behavior, which

10 shall include—

11 ‘‘(A) a specification of the objectively meas12 urable goals, objectives, and activities for the

13 program;

14 ‘‘(B) a specification for how risk factors, if

15 any, which have been identified will be targeted

16 through research-based programs; and

17 ‘‘(C) a specification for how protective fac18 tors, buffers, or assets, if any, will be targeted

19 through research-based programs;

20 ‘‘(4) a specification for the method or methods by

21 which measurements of program goals will be

22 achieved; and

23 ‘‘(5) a specification for how the evaluation of the

24 effectiveness of the prevention program will be as-
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1 sessed and how the results will be used to refine, im2 prove, and strengthen the program.

3 ‘‘(c) PROGRAMS AUTHORIZED.—

4 ‘‘(1) IN GENERAL.—A chief executive officer shall

5 use funds made available under subsection (a)(1) di6 rectly for grants to or contracts with parent groups,

7 schools, community action and job training agencies,

8 community-based organizations, community anti9 drug coalitions, law enforcement education partner10 ships, and other public entities and private nonprofit

11 organizations and consortia thereof. In making such

12 grants and contracts, a chief executive officer shall

13 give priority to programs and activities described in

14 subsection (d) for—

15 ‘‘(A) children and youth who are not nor16 mally served by State or local educational agen17 cies; or

18 ‘‘(B) populations that need special services

19 or additional resources (such as preschoolers,

20 youth in juvenile detention facilities, runaway or

21 homeless children and youth, pregnant and par22 enting teenagers, and school dropouts).

23 ‘‘(2) PEER REVIEW.—Grants or contracts award24 ed under this subsection shall be subject to a peer re25 view process.
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1 ‘‘(d) AUTHORIZED ACTIVITIES.—Grants and contracts

2 under subsection (c) shall be used to carry out the com3 prehensive State plan as required under section 4112(a)(1)

4 through programs and activities such as—

5 ‘‘(1) disseminating information about drug and

6 violence prevention;

7 ‘‘(2) the voluntary training of parents, law en8 forcement officials, judicial officials, social service

9 providers, health service providers and community

10 leaders about drug and violence prevention, health

11 education (as it relates to drug and violence preven12 tion), early intervention, pupil services, or rehabilita13 tion referral;

14 ‘‘(3) developing and implementing comprehen15 sive, community-based drug and violence prevention

16 programs that link community resources with schools

17 and integrate services involving education, vocational

18 and job skills training and placement, law enforce19 ment, health, mental health, community service, serv20 ice-learning, mentoring, and other appropriate serv21 ices;

22 ‘‘(4) planning and implementing drug and vio23 lence prevention activities that coordinate the efforts

24 of State agencies with efforts of the State educational

25 agency and its local educational agencies;
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1 ‘‘(5) activities to protect students traveling to

2 and from school;

3 ‘‘(6) before-and-after school recreational, instruc4 tional, cultural, and artistic programs that encourage

5 drug- and violence-free lifestyles;

6 ‘‘(7) activities that promote the awareness of and

7 sensitivity to alternatives to violence through courses

8 of study that include related issues of intolerance and

9 hatred in history;

10 ‘‘(8) developing and implementing activities to

11 prevent and reduce violence associated with prejudice

12 and intolerance;

13 ‘‘(9) developing and implementing strategies to

14 prevent illegal gang activity;

15 ‘‘(10) coordinating and conducting school and

16 community-wide violence and safety and drug abuse

17 assessments and surveys;

18 ‘‘(11) service-learning projects that encourage

19 drug- and violence-free lifestyles;

20 ‘‘(12) evaluating programs and activities as21 sisted under this section;

22 ‘‘(13) developing and implementing community

23 mobilization activities to undertake environmental

24 change strategies related to substance abuse and vio25 lence; and
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1 ‘‘(14) partnerships between local law enforcement

2 agencies, including district attorneys, and local edu3 cation agencies or community-based agencies.

4 ‘‘SEC. 4115. LOCAL APPLICATIONS.

5 ‘‘(a) APPLICATION REQUIRED.—

6 ‘‘(1) IN GENERAL.—In order to be eligible to re7 ceive a distribution under section 4113(d) for any fis8 cal year, a local educational agency shall submit, at

9 such time as the State educational agency requires,

10 an application to the State educational agency for

11 approval. Such an application shall be amended, as

12 necessary, to reflect changes in the local educational

13 agency’s program.

14 ‘‘(2) DEVELOPMENT.—

15 ‘‘(A) CONSULTATION.—A local educational

16 agency shall develop its application under sub17 section (a)(1) in consultation with a local or

18 substate regional advisory council that includes,

19 to the extent possible, representatives of local gov20 ernment, business, parents, students, teachers,

21 pupil services personnel, appropriate State agen22 cies, private schools, the medical profession, law

23 enforcement, community-based organizations,

24 and other groups with interest and expertise in

25 drug and violence prevention.
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1 ‘‘(B) DUTIES OF ADVISORY COUNCIL.—In

2 addition to assisting the local educational agency

3 to develop an application under this section, the

4 advisory council established or designated under

5 subparagraph (A) shall, on an ongoing basis—

6 ‘‘(i) disseminate information about re7 search-based drug and violence prevention

8 programs, projects, and activities conducted

9 within the boundaries of the local edu10 cational agency;

11 ‘‘(ii) advise the local educational agen12 cy regarding how best to coordinate such

13 agency’s activities under this subpart with

14 other related programs, projects, and activi15 ties;

16 ‘‘(iii) ensure that a mechanism is in

17 place to enable local educational agencies to

18 have access to up-to-date information con19 cerning the agencies that administer related

20 programs, projects, and activities and any

21 changes in the law that alter the duties of

22 the local educational agencies with respect

23 to activities conducted under this subpart;

24 and
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1 ‘‘(iv) review program evaluations and

2 other relevant material and make rec3 ommendations on an active and ongoing

4 basis to the local educational agency on how

5 to improve such agency’s drug and violence

6 prevention programs.

7 ‘‘(b) CONTENTS OF APPLICATIONS.—An application

8 under this section shall contain—

9 ‘‘(1) an objective analysis of the current use (and

10 consequences of such use) of alcohol, tobacco, and con11 trolled, illegal, addictive or harmful substances as well

12 as the violence, safety, and discipline problems among

13 students who attend the schools of the applicant (in14 cluding private school students who participate in the

15 applicant’s drug and violence prevention program)

16 that is based on ongoing local assessment or evalua17 tion activities;

18 ‘‘(2) an analysis, based on data reasonably

19 available at the time, of the prevalence of risk or pro20 tective factors, buffers or assets or other research-based

21 variables in the school and community;

22 ‘‘(3) a description of the research-based strategies

23 and programs, which shall be used to prevent or re24 duce drug use, violence, or disruptive behavior, which

25 shall include—
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1 ‘‘(A) a specification of the objectively meas2 urable goals, objectives, and activities for the

3 program, which shall include—

4 ‘‘(i) reductions in the use of alcohol, to5 bacco, and illicit drugs and violence by

6 youth;

7 ‘‘(ii) specific reductions in the preva8 lence of identified risk factors;

9 ‘‘(iii) specific increases in the preva10 lence of protective factors, buffers, or assets

11 if any have been identified; or

12 ‘‘(iv) other research-based goals, objec13 tives, and activities that are identified as

14 part of the application that are not other15 wise covered under clauses (i) through (iii);

16 ‘‘(B) a specification for how risk factors, if

17 any, which have been identified will be targeted

18 through research-based programs; and

19 ‘‘(C) a specification for how protective fac20 tors, buffers, or assets, if any, will be targeted

21 through research-based programs;

22 ‘‘(4) a specification for the method or methods by

23 which measurements of program goals will be

24 achieved;
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1 ‘‘(5) a specification for how the evaluation of the

2 effectiveness of the prevention program will be as3 sessed and how the results will be used to refine, im4 prove, and strengthen the program;

5 ‘‘(6) an assurance that the applicant has, or the

6 schools to be served have, a plan for keeping schools

7 safe and drug-free that includes—

8 ‘‘(A) appropriate and effective discipline

9 policies that prohibit disorderly conduct, the pos10 session of firearms and other weapons, and the

11 illegal use, possession, distribution, and sale of

12 tobacco, alcohol, and other drugs by students;

13 ‘‘(B) security procedures at school and while

14 students are on the way to and from school;

15 ‘‘(C) prevention activities that are designed

16 to create and maintain safe, disciplined, and

17 drug-free environments; and

18 ‘‘(D) a crisis management plan for respond19 ing to violent or traumatic incidents on school

20 grounds; and

21 ‘‘(7) such other information and assurances as

22 the State educational agency may reasonably require.

23 ‘‘(c) REVIEW OF APPLICATION.—

24 ‘‘(1) IN GENERAL.—In reviewing local applica25 tions under this section, a State educational agency
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1 shall use a peer review process or other methods of as2 suring the quality of such applications.

3 ‘‘(2) CONSIDERATIONS.—

4 ‘‘(A) IN GENERAL.—In determining whether

5 to approve the application of a local educational

6 agency under this section, a State educational

7 agency shall consider the quality of the local edu8 cational agency’s comprehensive plan under sub9 section (b)(6) and the extent to which the pro10 posed plan provides a thorough assessment of the

11 substance abuse and violence problem, uses objec12 tive data and the knowledge of a wide range of

13 community members, develops measurable goals

14 and objectives, and implements research-based

15 programs that have been shown to be effective

16 and meet identified needs.

17 ‘‘(B) DISAPPROVAL.—A State educational

18 agency may disapprove a local educational agen19 cy application under this section in whole or in

20 part and may withhold, limit, or place restric21 tions on the use of funds allotted to such a local

22 educational agency in a manner the State edu23 cational agency determines will best promote the

24 purposes of this part, except that a local edu-
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1 cational agency shall be afforded an opportunity

2 to appeal any such disapproval.

3 ‘‘SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PRO4 GRAMS.

5 ‘‘(a) PROGRAM REQUIREMENTS.—A local educational

6 agency shall use funds received under this subpart to adopt

7 and carry out a comprehensive drug and violence preven8 tion program which shall—

9 ‘‘(1) be designed, for all students and school em10 ployees, to—

11 ‘‘(A) prevent the use, possession, and dis12 tribution of tobacco, alcohol, and illegal drugs by

13 students and to prevent the illegal use, posses14 sion, and distribution of such substances by

15 school employees;

16 ‘‘(B) prevent violence and promote school

17 safety; and

18 ‘‘(C) create a disciplined environment con19 ducive to learning;

20 ‘‘(2) include activities to promote the involve21 ment of parents and coordination with community

22 groups and agencies, including the distribution of in23 formation about the local educational agency’s needs,

24 goals, and programs under this subpart;
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1 ‘‘(3) implement activities which shall only

2 include—

3 ‘‘(A) a thorough assessment of the substance

4 abuse violence problem, using objective data and

5 the knowledge of a wide range of community

6 members;

7 ‘‘(B) the development of measurable goals

8 and objectives;

9 ‘‘(C) the implementation of research-based

10 programs that have been shown to be effective

11 and meet identified goals; and

12 ‘‘(D) an evaluation of program activities;

13 and

14 ‘‘(4) implement prevention programming activi15 ties within the context of a research-based prevention

16 framework.

17 ‘‘(b) USE OF FUNDS.—A comprehensive, age-appro18 priate, developmentally-, and research-based drug and vio19 lence prevention program carried out under this subpart

20 may include—

21 ‘‘(1) drug or violence prevention and education

22 programs for all students, from the preschool level

23 through grade 12, that address the legal, social, per24 sonal and health consequences of the use of illegal

25 drugs or violence, promote a sense of individual re-
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1 sponsibility, and provide information about effective

2 techniques for resisting peer pressure to use illegal

3 drugs;

4 ‘‘(2) programs of drug or violence prevention,

5 health education (as it relates to drug and violence

6 prevention), early intervention, pupil services, men7 toring, or rehabilitation referral, which emphasize

8 students’ sense of individual responsibility and which

9 may include—

10 ‘‘(A) the dissemination of information about

11 drug or violence prevention;

12 ‘‘(B) the professional development or vol13 untary training of school personnel, parents, stu14 dents, law enforcement officials, judicial officials,

15 health service providers and community leaders

16 in prevention, education, early intervention,

17 pupil services or rehabilitation referral; and

18 ‘‘(C) the implementation of strategies, in19 cluding strategies to integrate the delivery of

20 services from a variety of providers, to combat il21 legal alcohol, tobacco and drug use, such as—

22 ‘‘(i) family counseling; and

23 ‘‘(ii) activities, such as community

24 service and service-learning projects, that
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1 are designed to increase students’ sense of

2 community;

3 ‘‘(3) age-appropriate, developmentally based vio4 lence prevention and education programs for all stu5 dents, from the preschool level through grade 12, that

6 address the legal, health, personal, and social con7 sequences of violent and disruptive behavior, includ8 ing sexual harassment and abuse, and victimization

9 associated with prejudice and intolerance, and that

10 include activities designed to help students develop a

11 sense of individual responsibility and respect for the

12 rights of others, and to resolve conflicts without vio13 lence, or otherwise decrease the prevalence of risk fac14 tors or increase the prevalence of protective factors,

15 buffers, or assets in the community;

16 ‘‘(4) violence prevention programs for school-aged

17 youth, which emphasize students’ sense of individual

18 responsibility and may include—

19 ‘‘(A) the dissemination of information about

20 school safety and discipline;

21 ‘‘(B) the professional development or vol22 untary training of school personnel, parents, stu23 dents, law enforcement officials, judicial officials,

24 and community leaders in designing and imple25 menting strategies to prevent school violence;
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1 ‘‘(C) the implementation of strategies, such

2 as conflict resolution and peer mediation, stu3 dent outreach efforts against violence, anti-crime

4 youth councils (which work with school and com5 munity-based organizations to discuss and de6 velop crime prevention strategies), and the use of

7 mentoring programs, to combat school violence

8 and other forms of disruptive behavior, such as

9 sexual harassment and abuse; and

10 ‘‘(D) the development and implementation

11 of character education programs, as a component

12 of a comprehensive drug or violence prevention

13 program, that are tailored by communities, par14 ents and schools; and

15 ‘‘(E) comprehensive, community-wide strat16 egies to prevent or reduce illegal gang activities

17 and drug use;

18 ‘‘(5) supporting ‘safe zones of passage’ for stu19 dents between home and school through such measures

20 as Drug- and Weapon-Free School Zones, enhanced

21 law enforcement, and neighborhood patrols;

22 ‘‘(6) the acquisition or hiring of school security

23 equipment, technologies, personnel, or services such

24 as—

25 ‘‘(A) metal detectors;
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1 ‘‘(B) electronic locks;

2 ‘‘(C) surveillance cameras; and

3 ‘‘(D) other drug and violence prevention-re4 lated equipment and technologies;

5 ‘‘(7) professional development for teachers and

6 other staff and curricula that promote the awareness

7 of and sensitivity to alternatives to violence through

8 courses of study that include related issues of intoler9 ance and hatred in history;

10 ‘‘(8) the promotion of before-and-after school rec11 reational, instructional, cultural, and artistic pro12 grams in supervised community settings;

13 ‘‘(9) other research-based prevention program14 ming that is—

15 ‘‘(A) effective in reducing the prevalence of

16 alcohol, tobacco or drug use, and violence in

17 youth;

18 ‘‘(B) effective in reducing the prevalence of

19 risk factors predictive of increased alcohol, to20 bacco or drug use, and violence; or

21 ‘‘(C) effective in increasing the prevalence of

22 protective factors, buffers, and assets predictive

23 of decreased alcohol, tobacco or drug use and vio24 lence among youth;
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1 ‘‘(10) the collection of objective data used to as2 sess program needs, program implementation, or pro3 gram success in achieving program goals and objec4 tives;

5 ‘‘(11) community involvement activities includ6 ing community mobilization;

7 ‘‘(12) voluntary parental involvement and train8 ing;

9 ‘‘(13) the evaluation of any of the activities au10 thorized under this subsection;

11 ‘‘(14) the provision of mental health counseling

12 (by qualified counselors) to students for drug or vio13 lence related problems;

14 ‘‘(15) consistent with the fourth amendment to

15 the Constitution of the United States, the testing of a

16 student for illegal drug use or inspecting a student’s

17 locker for guns, explosives, other weapons, or illegal

18 drugs, including at the request of or with the consent

19 of a parent or legal guardian of the student, if the

20 local educational agency elects to so test or inspect;

21 and

22 ‘‘(16) the conduct of a nationwide background

23 check of each local educational agency employee (re24 gardless of when hired) and prospective employees for

25 the purpose of determining whether the employee or
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1 prospective employee has been convicted of a crime

2 that bears upon the employee’s or prospective employ3 ee’s fitness—

4 ‘‘(A) to have responsibility for the safety or

5 well-being of children;

6 ‘‘(B) to serve in the particular capacity in

7 which the employee or prospective employee is or

8 will be employed; or

9 ‘‘(C) to otherwise be employed at all by the

10 local educational agency.

11 ‘‘(c) LIMITATIONS.—

12 ‘‘(1) IN GENERAL.—Not more than 20 percent of

13 the funds made available to a local educational agen14 cy under this subpart may be used to carry out the

15 activities described in paragraphs (5) and (6) of sub16 section (b).

17 ‘‘(2) SPECIAL RULE.—A local educational agency

18 shall only be able to use funds received under this

19 subpart for activities described in paragraphs (5) and

20 (6) of subsection (b) if funding for such activities is

21 not received from other Federal agencies.

22 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec23 tion shall be construed to prohibit the use of funds under

24 this part by any local educational agency or school for the

25 establishment or implementation of a school uniform policy
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1 so long as such policy is part of the overall comprehensive

2 drug and violence prevention plan of the State involved and

3 is supported by the State’s needs assessment and other re4 search-based information.

5 ‘‘SEC. 4117. EVALUATION AND REPORTING.

6 ‘‘(a) IMPACT EVALUATION.—

7 ‘‘(1) BIENNIAL EVALUATION.—The Secretary, in

8 consultation with the National Advisory Committee,

9 shall conduct an independent biennial evaluation of

10 the impact of programs assisted under this subpart

11 and of other recent and new initiatives to combat vio12 lence in schools. The evaluation shall report on—

13 ‘‘(A) whether funded community and local

14 education agency programs—

15 ‘‘(i) provided a thorough assessment of

16 the substance abuse and violence problem;

17 ‘‘(ii) used objective data and the

18 knowledge of a wide range of community

19 members;

20 ‘‘(iii) developed measurable goals and

21 objectives; and

22 ‘‘(iv) implemented research-based pro23 grams that have been shown to be effective

24 and meet identified needs;
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1 ‘‘(v) conducted periodic program eval2 uations to assess progress made towards

3 achieving program goals and objectives and

4 whether they used evaluations to improve

5 program goals, objectives and activities;

6 ‘‘(B) whether funded community and local

7 education agency programs have been designed

8 and implemented in a manner that specifically

9 targets, if relevant to the program—

10 ‘‘(i) research-based variables that are

11 predictive of drug use or violence;

12 ‘‘(ii) risk factors that are predictive of

13 an increased likelihood that young people

14 will use drugs, alcohol or tobacco or engage

15 in violence or drop out of school; or

16 ‘‘(iii) protective factors, buffers, or as17 sets that are known to protect children and

18 youth from exposure to risk, either by re19 ducing the exposure to risk factors or by

20 changing the way the young person re21 sponds to risk, and to increase the likelihood

22 of positive youth development;

23 ‘‘(C) whether funded community and local

24 education agency programs have appreciably re25 duced the level of drug, alcohol and tobacco use
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1 and school violence and the presence of firearms

2 at schools; and

3 ‘‘(D) whether funded community and local

4 educational agency programs have conducted ef5 fective parent involvement and voluntary train6 ing programs.

7 ‘‘(2) DATA COLLECTION.—The National Center

8 for Education Statistics shall collect data to deter9 mine the incidence and prevalence of social dis10 approval of drug use and violence in elementary and

11 secondary schools in the States.

12 ‘‘(3) BIENNIAL REPORT.—Not later than Janu13 ary 1, 2002, and every 2 years thereafter, the Sec14 retary shall submit to the President and Congress a

15 report on the findings of the evaluation conducted

16 under paragraph (1) together with the data collected

17 under paragraph (2) and data available from other

18 sources on the incidence and prevalence, age of onset,

19 perception of health risk, and perception of social dis20 approval of drug use in elementary and secondary

21 schools in the States. The Secretary shall include data

22 submitted by the States pursuant to subsection

23 (b)(2)(B).

24 ‘‘(b) STATE REPORT.—
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1 ‘‘(1) IN GENERAL.—By December 1, 2001, and

2 every 2 years thereafter, the chief executive officer of

3 the State, in cooperation with the State educational

4 agency, shall submit to the Secretary a report—

5 ‘‘(A) on the implementation and outcomes

6 of State programs under section 4114 and sec7 tion 4113(b) and local educational agency pro8 grams under section 4113(d), as well as an as9 sessment of their effectiveness;

10 ‘‘(B) on the State’s progress toward attain11 ing its goals for drug and violence prevention

12 under subsections (b)(1) and (c)(1) of section

13 4112; and

14 ‘‘(C) on the State’s efforts to inform parents

15 of, and include parents in, violence and drug

16 prevention efforts.

17 ‘‘(2) SPECIAL RULE.—The report required by

18 this subsection shall be—

19 ‘‘(A) in the form specified by the Secretary;

20 ‘‘(B) based on the State’s ongoing evalua21 tion activities, and shall include data on the in22 cidence and prevalence, age of onset, perception

23 of health risk, and perception of social dis24 approval of drug use and violence by youth in

25 schools and communities; and
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1 ‘‘(C) made readily available to the public.

2 ‘‘(c) LOCAL EDUCATIONAL AGENCY REPORT.—

3 ‘‘(1) IN GENERAL.—Each local educational agen4 cy receiving funds under this subpart shall submit to

5 the State educational agency such information that

6 the State requires to complete the State report re7 quired by subsection (b), including a description of

8 how parents were informed of, and participated in,

9 violence and drug prevention efforts.

10 ‘‘(2) AVAILABILITY.—Information under para11 graph (1) shall be made readily available to the pub12 lic.

13 ‘‘(3) PROVISION OF DOCUMENTATION.—Not later

14 than January 1 of each year that a State is required

15 to report under subsection (b), the Secretary shall

16 provide to the State education agency all of the nec17 essary documentation required for compliance with

18 this section.

19 ‘‘SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.

20 ‘‘(a) GENERAL AUTHORITY.—From the funds made

21 available pursuant to section 4111(a)(4) to carry out this

22 section, the Secretary shall make grants to or enter into

23 cooperative agreements or contracts with organizations pri24 marily serving and representing Native Hawaiians which

25 are recognized by the Governor of the State of Hawaii to
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1 plan, conduct, and administer programs, or portions there2 of, which are authorized by and consistent with the provi3 sions of this title for the benefit of Native Hawaiians.

4 ‘‘(b) DEFINITION OF NATIVE HAWAIIAN.—For the pur5 poses of this section, the term ‘Native Hawaiian’ means any

6 individual any of whose ancestors were natives, prior to

7 1778, of the area which now comprises the State of Hawaii.

8 ‘‘Subpart 2—National Programs

9 ‘‘SEC. 4121. FEDERAL ACTIVITIES.

10 ‘‘(a) PROGRAM AUTHORIZED.—From funds made

11 available to carry out this subpart under section 4004(2),

12 the Secretary, in consultation with the Secretary of Health

13 and Human Services, the Director of the Office of National

14 Drug Control Policy, and the Attorney General, shall carry

15 out programs to prevent the illegal use of drugs and violence

16 among, and promote safety and discipline for, students at

17 all educational levels from preschool through the post-sec18 ondary level. The Secretary shall carry out such programs

19 directly, or through grants, contracts, or cooperative agree20 ments with public and private nonprofit organizations and

21 individuals, or through agreements with other Federal agen22 cies, and shall coordinate such programs with other appro23 priate Federal activities. Such programs may include—

24 ‘‘(1) the development and demonstration of inno25 vative strategies for the voluntary training of school
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1 personnel, parents, and members of the community,

2 including the demonstration of model preservice

3 training programs for prospective school personnel;

4 ‘‘(2) demonstrations and rigorous evaluations of

5 innovative approaches to drug and violence preven6 tion;

7 ‘‘(3) the provision of information on drug abuse

8 education and prevention to the Secretary of Health

9 and Human Services for dissemination by the clear10 inghouse for alcohol and drug abuse information es11 tablished under section 501(d)(16) of the Public

12 Health Service Act;

13 ‘‘(4) the development of curricula related to child

14 abuse prevention and education and the training of

15 personnel to teach child abuse education and preven16 tion to elementary and secondary schoolchildren;

17 ‘‘(5) program evaluations in accordance with

18 section 10201 that address issues not addressed under

19 section 4117(a);

20 ‘‘(6) direct services to schools and school systems

21 afflicted with especially severe drug and violence

22 problems or to support crisis situations and appro23 priate response efforts;

24 ‘‘(7) activities in communities designated as em25 powerment zones or enterprise communities that will
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1 connect schools to community-wide efforts to reduce

2 drug and violence problems;

3 ‘‘(8) developing and disseminating drug and vio4 lence prevention materials, including video-based

5 projects and model curricula;

6 ‘‘(9) developing and implementing a comprehen7 sive violence prevention strategy for schools and com8 munities, that may include conflict resolution, peer

9 mediation, the teaching of law and legal concepts,

10 and other activities designed to stop violence;

11 ‘‘(10) the implementation of innovative activi12 ties, such as community service and service-learning

13 projects, designed to rebuild safe and healthy neigh14 borhoods and increase students’ sense of individual re15 sponsibility;

16 ‘‘(11) grants to noncommercial telecommuni17 cations entities for the production and distribution of

18 national video-based projects that provide young peo19 ple with models for conflict resolution and responsible

20 decisionmaking;

21 ‘‘(12) the development of education and training

22 programs, curricula, instructional materials, and

23 professional training and development for preventing

24 and reducing the incidence of crimes and conflicts
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1 motivated by hate in localities most directly affected

2 by hate crimes; and

3 ‘‘(13) other activities that meet unmet national

4 needs related to the purposes of this title.

5 ‘‘(b) PEER REVIEW.—The Secretary shall use a peer

6 review process in reviewing applications for funds under

7 this section.

8 ‘‘SEC. 4122. NATIONAL COORDINATOR PROGRAM.

9 ‘‘(a) IN GENERAL.—From amounts available to carry

10 out this section under section 4004(3), the Secretary shall

11 provide for the establishment of a National Coordinator

12 Program under which the Secretary shall award grants to

13 local education agencies for the hiring of drug prevention

14 and school safety program coordinators.

15 ‘‘(b) USE OF FUNDS.—Amounts received under a

16 grant under subsection (a) shall be used by local education

17 agencies to recruit, hire, and train individuals to serve as

18 drug prevention and school safety program coordinators in

19 schools with significant drug and school safety problems.

20 Such coordinators shall be responsible for developing, con21 ducting, and analyzing assessments of drug and crime prob22 lems at their schools, and administering the safe and drug

23 free grant program at such schools.
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1 ‘‘SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND COMMU2 NITIES ADVISORY COMMITTEE.

3 ‘‘(a) ESTABLISHMENT.—

4 ‘‘(1) IN GENERAL.—There is hereby established

5 an advisory committee to be known as the ‘Safe and

6 Drug Free Schools and Communities Advisory Com7 mittee’ (referred to in this section as the ‘Advisory

8 Committee’) to—

9 ‘‘(A) consult with the Secretary under sub10 section (b);

11 ‘‘(B) coordinate Federal school- and com12 munity-based substance abuse and violence pre13 vention programs and reduce duplicative re14 search or services;

15 ‘‘(C) develop core data sets and evaluation

16 protocols for safe and drug free school- and com17 munity-based programs;

18 ‘‘(D) provide technical assistance and train19 ing for safe and drug free school- and commu20 nity-based programs;

21 ‘‘(E) provide for the diffusion of research22 based safe and drug free school- and community23 based programs; and

24 ‘‘(F) review other regulations and standards

25 developed under this title.
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1 ‘‘(2) COMPOSITION.—The Advisory Committee

2 shall be composed of representatives from—

3 ‘‘(A) the Department of Education,

4 ‘‘(B) the Centers for Disease Control and

5 Prevention;

6 ‘‘(C) the National Institute on Drug Abuse;

7 ‘‘(D) the National Institute on Alcoholism

8 and Alcohol Abuse;

9 ‘‘(E) the Center for Substance Abuse Pre10 vention;

11 ‘‘(F) the Center for Mental Health Services;

12 ‘‘(G) the Office of Juvenile Justice and De13 linquency Prevention;

14 ‘‘(H) the Office of National Drug Control

15 Policy; and

16 ‘‘(I) State and local governments, including

17 education agencies.

18 ‘‘(3) CONSULTATION.—In carrying out its duties

19 under this section, the Advisory Committee shall an20 nually consult with interested State and local coordi21 nators of school- and community-based substance

22 abuse and violence prevention programs and other in23 terested groups.

24 ‘‘(b) PROGRAMS.—
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1 ‘‘(1) IN GENERAL.—From amounts made avail2 able under section 4004(2) to carry out this subpart,

3 the Secretary, in consultation with the Advisory Com4 mittee, shall carry out research-based programs to

5 strengthen the accountability and effectiveness of the

6 State, Governor’s, and national programs under this

7 title.

8 ‘‘(2) GRANTS, CONTRACTS OR COOPERATIVE

9 AGREEMENTS.—The Secretary shall carry out para10 graph (1) directly or through grants, contracts, or co11 operative agreements with public and nonprofit pri12 vate organizations and individuals or through agree13 ments with other Federal agencies.

14 ‘‘(3) COORDINATION.—The Secretary shall co15 ordinate programs under this section with other ap16 propriate Federal activities.

17 ‘‘(4) ACTIVITIES.—Activities that may be carried

18 out under programs funded under this section may

19 include—

20 ‘‘(A) the provision of technical assistance

21 and training, in collaboration with other Federal

22 agencies utilizing their expertise and national

23 and regional training systems, for Governors,

24 State education agencies and local education
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1 agencies to support high quality, effective pro2 grams that—

3 ‘‘(i) provide a thorough assessment of

4 the substance abuse and violence problem;

5 ‘‘(ii) utilize objective data and the

6 knowledge of a wide range of community

7 members;

8 ‘‘(iii) develop measurable goals and ob9 jectives; and

10 ‘‘(iv) implement research-based activi11 ties that have been shown to be effective and

12 that meet identified needs;

13 ‘‘(B) the provision of technical assistance

14 and training to foster program accountability;

15 ‘‘(C) the diffusion and dissemination of best

16 practices and programs;

17 ‘‘(D) the development of core data sets and

18 evaluation tools;

19 ‘‘(E) program evaluations;

20 ‘‘(F) the provision of information on drug

21 abuse education and prevention to the Secretary

22 of Health and Human Services for dissemination

23 by the Clearinghouse for Alcohol and Drug Abuse

24 Information established under section 501(d)(16)

25 of the Public Health Service Act; and
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1 ‘‘(G) other activities that meet unmet needs

2 related to the purposes of this title and that are

3 undertaken in consultation with the Advisory

4 Committee.

5 ‘‘SEC. 4124. HATE CRIME PREVENTION.

6 ‘‘(a) GRANT AUTHORIZATION.—From funds made

7 available to carry out this subpart under section 4004(2)

8 the Secretary may make grants to local educational agen9 cies and community-based organizations for the purpose of

10 providing assistance to localities most directly affected by

11 hate crimes.

12 ‘‘(b) USE OF FUNDS.—

13 ‘‘(1) PROGRAM DEVELOPMENT.—Grants under

14 this section may be used to improve elementary and

15 secondary educational efforts, including—

16 ‘‘(A) development of education and training

17 programs designed to prevent and to reduce the

18 incidence of crimes and conflicts motivated by

19 hate;

20 ‘‘(B) development of curricula for the pur21 pose of improving conflict or dispute resolution

22 skills of students, teachers, and administrators;

23 ‘‘(C) development and acquisition of equip24 ment and instructional materials to meet the
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1 needs of, or otherwise be part of, hate crime or

2 conflict programs; and

3 ‘‘(D) professional training and development

4 for teachers and administrators on the causes, ef5 fects, and resolutions of hate crimes or hate-based

6 conflicts.

7 ‘‘(2) IN GENERAL.—In order to be eligible to re8 ceive a grant under this section for any fiscal year,

9 a local educational agency, or a local educational

10 agency in conjunction with a community-based orga11 nization, shall submit an application to the Secretary

12 in such form and containing such information as the

13 office may reasonably require.

14 ‘‘(3) REQUIREMENTS.—Each application under

15 paragraph (2) shall include—

16 ‘‘(A) a request for funds for the purposes de17 scribed in this section;

18 ‘‘(B) a description of the schools and com19 munities to be served by the grants; and

20 ‘‘(C) assurances that Federal funds received

21 under this section shall be used to supplement,

22 not supplant, non-Federal funds.

23 ‘‘(4) COMPREHENSIVE PLAN.—Each application

24 shall include a comprehensive plan that contains—
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1 ‘‘(A) a description of the hate crime or con2 flict problems within the schools or the commu3 nity targeted for assistance;

4 ‘‘(B) a description of the program to be de5 veloped or augmented by such Federal and

6 matching funds;

7 ‘‘(C) assurances that such program or activ8 ity shall be administered by or under the super9 vision of the applicant;

10 ‘‘(D) proper and efficient administration of

11 such program; and

12 ‘‘(E) fiscal control and fund accounting

13 procedures as may be necessary to ensure pru14 dent use, proper disbursement, and accurate ac15 counting of funds received under this section.

16 ‘‘(c) AWARD OF GRANTS.—

17 ‘‘(1) SELECTION OF RECIPIENTS.—The Secretary

18 shall consider the incidence of crimes and conflicts

19 motivated by bias in the targeted schools and commu20 nities in awarding grants under this section.

21 ‘‘(2) GEOGRAPHIC DISTRIBUTION.—The Sec22 retary shall attempt, to the extent practicable, to

23 achieve an equitable geographic distribution of grant

24 awards.
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1 ‘‘(3) DISSEMINATION OF INFORMATION.—The

2 Secretary shall attempt, to the extent practicable, to

3 make available information regarding successful hate

4 crime prevention programs, including programs es5 tablished or expanded with grants under this section.

6 ‘‘(d) REPORTS.—The Secretary shall submit to the

7 Congress a report every two years which shall contain a

8 detailed statement regarding grants and awards, activities

9 of grant recipients, and an evaluation of programs estab10 lished under this section.

11 ‘‘Subpart 3—General Provisions

12 ‘‘SEC. 4131. DEFINITIONS.

13 ‘‘In this part:

14 ‘‘(1) COMMUNITY-BASED ORGANIZATION.—The

15 term ‘community-based organization’ means a private

16 nonprofit organization which is representative of a

17 community or significant segments of a community

18 and which provides educational or related services to

19 individuals in the community.

20 ‘‘(2) DRUG AND VIOLENCE PREVENTION.—The

21 term ‘drug and violence prevention’ means—

22 ‘‘(A) with respect to drugs, prevention, early

23 intervention, rehabilitation referral, or education

24 related to the illegal use of alcohol and the use

25 of controlled, illegal, addictive, or harmful sub-
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1 stances, including inhalants and anabolic

2 steroids;

3 ‘‘(B) prevention, early intervention, smok4 ing cessation activities, or education, related to

5 the use of tobacco by children and youth eligible

6 for services under this title; and

7 ‘‘(C) with respect to violence, the promotion

8 of school safety, such that students and school

9 personnel are free from violent and disruptive

10 acts, including sexual harassment and abuse,

11 and victimization associated with prejudice and

12 intolerance, on school premises, going to and

13 from school, and at school-sponsored activities,

14 through the creation and maintenance of a school

15 environment that is free of weapons and fosters

16 individual responsibility and respect for the

17 rights of others.

18 ‘‘(3) HATE CRIME.—The term ‘hate crime’ means

19 a crime as described in section 1(b) of the Hate Crime

20 Statistics Act of 1990.

21 ‘‘(4) NONPROFIT.—The term ‘nonprofit’, as ap22 plied to a school, agency, organization, or institution

23 means a school, agency, organization, or institution

24 owned and operated by one or more nonprofit cor25 porations or associations, no part of the net earnings
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1 of which inures, or may lawfully inure, to the benefit

2 of any private shareholder or individual.

3 ‘‘(5) OBJECTIVELY MEASURABLE GOALS.—The

4 term ‘objectively measurable goals’ means prevention

5 programming goals defined through use of quan6 titative epidemiological data measuring the preva7 lence of alcohol, tobacco, and other drug use, violence,

8 and the prevalence of risk and protective factors pre9 dictive of these behaviors, collected through a variety

10 of methods and sources known to provide high quality

11 data.

12 ‘‘(6) PROTECTIVE FACTOR, BUFFER, OR ASSET.—

13 The terms ‘protective factor’, ‘buffer’, and ‘asset’ mean

14 any one of a number of the community, school, fam15 ily, or peer-individual domains that are known,

16 through prospective, longitudinal research efforts, or

17 which are grounded in a well-established theoretical

18 model of prevention, and have been shown to prevent

19 alcohol, tobacco, or illicit drug use, as well as violent

20 behavior, by youth in the community, and which pro21 mote positive youth development.

22 ‘‘(7) RISK FACTOR.—The term ‘risk factor’

23 means any one of a number of characteristics of the

24 community, school, family, or peer-individual do25 mains that are known, through prospective, longitu-
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1 dinal research efforts, to be predictive of alcohol, to2 bacco, and illicit drug use, as well as violent behavior,

3 by youth in the school and community.

4 ‘‘(8) SCHOOL-AGED POPULATION.—The term

5 ‘school-aged population’ means the population aged

6 five through 17, as determined by the Secretary on the

7 basis of the most recent satisfactory data available

8 from the Department of Commerce.

9 ‘‘(9) SCHOOL PERSONNEL.—The term ‘school

10 personnel’ includes teachers, administrators, coun11 selors, social workers, psychologists, nurses, librarians,

12 and other support staff who are employed by a school

13 or who perform services for the school on a contrac14 tual basis.

15 ‘‘SEC. 4132. MATERIALS.

16 ‘‘(a) ‘ILLEGAL AND HARMFUL’ MESSAGE.—Drug pre17 vention programs supported under this part shall convey

18 a clear and consistent message that the illegal use of alcohol

19 and other drugs is illegal and harmful.

20 ‘‘(b) CURRICULUM.—The Secretary shall not prescribe

21 the use of specific curricula for programs supported under

22 this part, but may evaluate the effectiveness of such cur23 ricula and other strategies in drug and violence prevention.

24 ‘‘SEC. 4133. PROHIBITED USES OF FUNDS.

25 ‘‘No funds under this part may be used for—
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1 ‘‘(1) construction (except for minor remodeling

2 needed to accomplish the purposes of this part); and

3 ‘‘(2) medical services, drug treatment or rehabili4 tation, except for pupil services or referral to treat5 ment for students who are victims of or witnesses to

6 crime or who use alcohol, tobacco, or drugs.

7 ‘‘SEC. 4134. QUALITY RATING.

8 ‘‘(a) IN GENERAL.—The chief executive officer of each

9 State, or in the case of a State in which the constitution

10 or law of such State designates another individual, entity,

11 or agency in the State to be responsible for education activi12 ties, such individual, entity, or agency, is authorized and

13 encouraged—

14 ‘‘(1) to establish a standard of quality for drug,

15 alcohol, and tobacco prevention programs imple16 mented in public elementary schools and secondary

17 schools in the State in accordance with subsection (b);

18 and

19 ‘‘(2) to identify and designate, upon application

20 by a public elementary school or secondary school,

21 any such school that achieves such standard as a

22 quality program school.

23 ‘‘(b) CRITERIA.—The standard referred to in sub24 section (a) shall address, at a minimum—
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1 ‘‘(1) a comparison of the rate of illegal use of

2 drugs, alcohol, and tobacco by students enrolled in the

3 school for a period of time to be determined by the

4 chief executive officer of the State;

5 ‘‘(2) the rate of suspensions or expulsions of stu6 dents enrolled in the school for drug, alcohol, or to7 bacco-related offenses;

8 ‘‘(3) the effectiveness of the drug, alcohol, or to9 bacco prevention program as proven by research;

10 ‘‘(4) the involvement of parents and community

11 members in the design of the drug, alcohol, and to12 bacco prevention program; and

13 ‘‘(5) the extent of review of existing community

14 drug, alcohol, and tobacco prevention programs before

15 implementation of the public school program.

16 ‘‘(c) REQUEST FOR QUALITY PROGRAM SCHOOL DES17 IGNATION.—A school that wishes to receive a quality pro18 gram school designation shall submit a request and docu19 mentation of compliance with this section to the chief execu20 tive officer of the State or the individual, entity, or agency

21 described in subsection (a), as the case may be.

22 ‘‘(d) PUBLIC NOTIFICATION.—Not less than once a

23 year, the chief executive officer of each State or the indi24 vidual, entity, or agency described in subsection (a), as the

25 case may be, shall make available to the public a list of
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1 the names of each public school in the State that has re2 ceived a quality program school designation in accordance

3 with this section.’’.

4 SEC. 402. GUN-FREE REQUIREMENTS.

5 Title IV (20 U.S.C. 7101 et seq.) is amended by adding

6 at the end the following:

7 ‘‘PART B—GUN POSSESSION

8 ‘‘SEC. 4201. GUN-FREE REQUIREMENTS.

9 ‘‘(a) SHORT TITLE.—This part may be cited as the

10 ‘‘Gun-Free Schools Act of 1994’’.

11 ‘‘(b) REQUIREMENTS.—

12 ‘‘(1) IN GENERAL.—Each State receiving Federal

13 funds under this Act shall have in effect a State law

14 requiring local educational agencies to expel from

15 school for a period of not less than one year a student

16 who is determined to have brought a weapon to a

17 school under the jurisdiction of local educational

18 agencies in that State, except that such State law

19 shall allow the chief administering officer of a local

20 educational agency to modify such expulsion require21 ment for a student on a case-by-case basis.

22 ‘‘(2) CONSTRUCTION.—Nothing in this part shall

23 be construed to prevent a State from allowing a local

24 educational agency that has expelled a student from

25 such a student’s regular school setting from providing
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1 educational services to such student in an alternative

2 setting.

3 ‘‘(3) DEFINITION.—For the purpose of this sec4 tion, the term ‘weapon’ means a firearm as such term

5 is defined in section 921(a) of title 18, United States

6 Code.

7 ‘‘(c) SPECIAL RULE.—The provisions of this section

8 shall be construed in a manner consistent with the Individ9 uals with Disabilities Education Act.

10 ‘‘(d) REPORT TO STATE.—Each local educational

11 agency requesting assistance from the State educational

12 agency that is to be provided from funds made available

13 to the State under this Act shall provide to the State, in

14 the application requesting such assistance—

15 ‘‘(1) an assurance that such local educational

16 agency is in compliance with the State law required

17 by subsection (b); and

18 ‘‘(2) a description of the circumstances sur19 rounding any expulsions imposed under the State law

20 required by subsection (b), including—

21 ‘‘(A) the name of the school concerned;

22 ‘‘(B) the number of students expelled from

23 such school; and

24 ‘‘(C) the type of weapons concerned.
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1 ‘‘(e) REPORTING.—Each State shall report the infor2 mation described in subsection (d) to the Secretary on an

3 annual basis.

4 ‘‘SEC. 4202. POLICY REGARDING CRIMINAL JUSTICE SYSTEM

5 REFERRAL.

6 ‘‘(a) IN GENERAL.—No funds shall be made available

7 under this Act to any local educational agency unless such

8 agency has a policy requiring referral to the criminal jus9 tice or juvenile delinquency system of any student who

10 brings a firearm or weapon to a school served by such agen11 cy.

12 ‘‘(b) DEFINITIONS.—For the purpose of this section,

13 the terms ‘firearm’ and ‘school’ have the meanings given

14 the terms in section 921(a) of title 18, United States Code.’’.

15 SEC. 403. SCHOOL SAFETY AND VIOLENCE PREVENTION.

16 Title IV (20 U.S.C. 7101 et seq.) is amended by adding

17 at the end the following:

18 ‘‘PART C—SCHOOL SAFETY AND VIOLENCE

19 PREVENTION

20 ‘‘SEC. 4301. SCHOOL SAFETY AND VIOLENCE PREVENTION.

21 ‘‘Notwithstanding any other provision of this title and

22 title VI, funds made available under such titles may be used

23 for—
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1 ‘‘(1) training, including in-service training, for

2 school personnel (including custodians and bus driv3 ers), with respect to—

4 ‘‘(A) identification of potential threats, such

5 as illegal weapons and explosive devices;

6 ‘‘(B) crisis preparedness and intervention

7 procedures; and

8 ‘‘(C) emergency response;

9 ‘‘(2) training for parents, teachers, school per10 sonnel and other interested members of the commu11 nity regarding the identification and responses to

12 early warning signs of troubled and violent youth;

13 ‘‘(3) innovative research-based delinquency and

14 violence prevention programs, including—

15 ‘‘(A) school anti-violence programs; and

16 ‘‘(B) mentoring programs;

17 ‘‘(4) comprehensive school security assessments;

18 ‘‘(5) purchase of school security equipment and

19 technologies, such as—

20 ‘‘(A) metal detectors;

21 ‘‘(B) electronic locks; and

22 ‘‘(C) surveillance cameras;

23 ‘‘(6) collaborative efforts with community-based

24 organizations, including faith-based organizations,

25 statewide consortia, and law enforcement agencies,
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1 that have demonstrated expertise in providing effec2 tive, research-based violence prevention and interven3 tion programs to school aged children;

4 ‘‘(7) providing assistance to States, local edu5 cational agencies, or schools to establish school uni6 form policies;

7 ‘‘(8) school resource officers, including commu8 nity policing officers; and

9 ‘‘(9) other innovative, local responses that are

10 consistent with reducing incidents of school violence

11 and improving the educational atmosphere of the

12 classroom.

13 ‘‘SEC. 4302. SCHOOL UNIFORMS.

14 ‘‘(a) CONSTRUCTION.—Nothing in this Act shall be

15 construed to prohibit any State, local educational agency,

16 or school from establishing a school uniform policy.

17 ‘‘(b) FUNDING.—Notwithstanding any other provision

18 of law, funds provided under this titles and title VI may

19 be used for establishing a school uniform policy.

20 ‘‘SEC. 4303. TRANSFER OF SCHOOL DISCIPLINARY

21 RECORDS.

22 ‘‘(a) NONAPPLICATION OF PROVISIONS.—The provi23 sions of this section shall not apply to any suspension or

24 expulsion disciplinary records transferred from a private,
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1 parochial, or other nonpublic school, person, institution, or

2 other entity, that provides education below the college level.

3 ‘‘(b) DISCIPLINARY RECORDS.—Not later than 2 years

4 after the date of enactment of this part, each State receiving

5 Federal funds under this Act shall provide an assurance

6 to the Secretary that the State has a procedure in place

7 to facilitate the transfer of suspension and expulsion dis8 ciplinary records by local educational agencies to any pri9 vate or public elementary school or secondary school for any

10 student who is enrolled or seeks, intends, or is instructed

11 to enroll, full-time or part-time, in the school.

12 ‘‘SEC. 4304. DISCLAIMER ON MATERIALS PRODUCED, PRO13 CURED OR DISTRIBUTED FROM FUNDING AU14 THORIZED BY THIS ACT.

15 ‘‘(a) REQUIREMENTS.—All materials produced, pro16 cured, or distributed, in whole or in part, as a result of

17 Federal funding authorized under this Act for expenditure

18 by Federal, State or local governmental recipients or other

19 non-governmental entities shall have printed thereon—

20 ‘‘(1) the following statement: ‘This material has

21 been printed, procured or distributed, in whole or in

22 part, at the expense of the Federal Government. Any

23 person who objects to the accuracy of the material, to

24 the completeness of the material, or to the representa25 tions made within the material, including objections
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1 related to this material’s characterization of religious

2 beliefs, are encouraged to direct their comments to the

3 office of the United States Secretary of Education.’;

4 and

5 ‘‘(2) the complete address of an office designated

6 by the Secretary to receive comments from members

7 of the public.

8 ‘‘(b) DESIGNATION OF OFFICE.—The office designated

9 by the Secretary under subsection (a)(2) to receive com10 ments shall, every 6 months, prepare an accurate summary

11 of all comments received by the office. Such summary shall

12 include details about the number of comments received and

13 the specific nature of the concerns raised within the com14 ments, and shall be submitted to the Committee on Health,

15 Education, Labor, and Pensions of the Senate and the Com16 mittee on Education and the Workforce of the House of Rep17 resentatives, the Majority and Minority Leaders of the Sen18 ate, and the Speaker of the House of Representatives and

19 the Minority Leader of the House of Representatives. Such

20 comments shall be retained by the office and shall be made

21 available to any member of the general public upon re22 quest.’’.

23 SEC. 404. BACKGROUND CHECKS.

24 Section 5(9) of the National Child Protection Act of

25 1993 (42 U.S.C. 5119c(9)) is amended—
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1 (1) in subparagraph (A)(i), by inserting ‘‘(in2 cluding an individual who is employed by a school in

3 any capacity, including as a child care provider, a

4 teacher, or another member of school personnel)’’ be5 fore the semicolon; and

6 (2) in subparagraph (B)(i), by inserting ‘‘(in7 cluding an individual who seeks to be employed by a

8 school in any capacity, including as a child care pro9 vider, a teacher, or another member of school per10 sonnel)’’ before the semicolon.

11 SEC. 405. CONSTITUTIONALITY OF MEMORIAL SERVICES

12 AND MEMORIALS AT PUBLIC SCHOOLS.

13 (a) FINDINGS.—The Congress of the United States

14 finds that the saying of a prayer, the reading of a scripture,

15 or the performance of religious music as part of a memorial

16 service that is held on the campus of a public school in order

17 to honor the memory of any person slain on that campus

18 does not violate the First Amendment to the Constitution

19 of the United States, and that the design and construction

20 of any memorial that is placed on the campus of a public

21 school in order to honor the memory of any person slain

22 on that campus a part of which includes religious symbols,

23 motifs, or sayings does not violate the First Amendment to

24 the Constitution of the United States.
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1 (b) LAWSUITS.—In any lawsuit claiming that the type

2 of memorial or memorial service described in subsection (a)

3 violates the Constitution of the United States—

4 (1) each party shall pay its own attorney’s fees

5 and costs, notwithstanding any other provision of

6 law, and

7 (2) the Attorney General of the United States is

8 authorized to provide legal assistance to the school

9 district or other governmental entity that is defending

10 the legality of such memorial service.

11 SEC. 406. ENVIRONMENTAL TOBACCO SMOKE.

12 Title IV (20 U.S.C. 7101 et seq.) is amended by adding

13 at the end the following:

14 ‘‘PART D—ENVIRONMENTAL TOBACCO SMOKE

15 ‘‘SEC. 4401. SHORT TITLE.

16 ‘‘This part may be cited as the ‘Pro-Children Act of

17 2000’.

18 ‘‘SEC. 4402. DEFINITIONS.

19 ‘‘As used in this part:

20 ‘‘(1) CHILDREN.—The term ‘children’ means in21 dividuals who have not attained the age of 18.

22 ‘‘(2) CHILDREN’S SERVICES.—The term ‘chil23 dren’s services’ means the provision on a routine or

24 regular basis of health, day care, education, or library

25 services—
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1 ‘‘(A) that are funded, after the date of the

2 enactment of the Educational Opportunities Act,

3 directly by the Federal Government or through

4 State or local governments, by Federal grant,

5 loan, loan guarantee, or contract programs—

6 ‘‘(i) administered by either the Sec7 retary of Health and Human Services or

8 the Secretary of Education (other than serv9 ices provided and funded solely under titles

10 XVIII and XIX of the Social Security Act);

11 or

12 ‘‘(ii) administered by the Secretary of

13 Agriculture in the case of a clinic (as de14 fined in part 246.2 of title 7, Code of Fed15 eral Regulations (or any corresponding

16 similar regulation or ruling)) under section

17 17(b)(6) of the Child Nutrition Act of 1966;

18 or

19 ‘‘(B) that are provided in indoor facilities

20 that are constructed, operated, or maintained

21 with such Federal funds, as determined by the

22 appropriate head of a Federal agency in any en23 forcement action carried out under this part,

24 except that nothing in clause (ii) of subparagraph (A)

25 is intended to include facilities (other than clinics)
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1 where coupons are redeemed under the Child Nutri2 tion Act of 1966.

3 ‘‘(3) INDOOR FACILITY.—The term ‘indoor facil4 ity’ means a building that is enclosed.

5 ‘‘(4) PERSON.—The term ‘person’ means any

6 State or local subdivision of a State, agency of such

7 State or subdivision, corporation, or partnership that

8 owns or operates or otherwise controls and provides

9 children’s services or any individual who owns or op10 erates or otherwise controls and provides such serv11 ices.

12 ‘‘(5) SECRETARY.—The term ‘Secretary’ means

13 the Secretary of Health and Human Services.

14 ‘‘SEC. 4403. NONSMOKING POLICY FOR CHILDREN’S SERV15 ICES.

16 ‘‘(a) PROHIBITION.—After the date of the enactment

17 of the Educational Opportunities Act, no person shall per18 mit smoking within any indoor facility owned or leased or

19 contracted for, and utilized, by such person for provision

20 of routine or regular kindergarten, elementary, or secondary

21 education or library services to children.

22 ‘‘(b) ADDITIONAL PROHIBITION.—

23 ‘‘(1) IN GENERAL.—After the date of the enact24 ment of the Educational Opportunities Act, no person

25 shall permit smoking within any indoor facility (or
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1 portion of such a facility) owned or leased or con2 tracted for, and utilized by, such person for the provi3 sion of regular or routine health care or day care or

4 early childhood development (Head Start) services.

5 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

6 apply to—

7 ‘‘(A) any portion of such facility that is

8 used for inpatient hospital treatment of individ9 uals dependent on, or addicted to, drugs or alco10 hol; and

11 ‘‘(B) any private residence.

12 ‘‘(c) FEDERAL AGENCIES.—

13 ‘‘(1) KINDERGARTEN, ELEMENTARY, OR SEC14 ONDARY EDUCATION OR LIBRARY SERVICES.—After

15 the date of the enactment of the Educational Opportu16 nities Act, no Federal agency shall permit smoking

17 within any indoor facility in the United States oper18 ated by such agency, directly or by contract, to pro19 vide routine or regular kindergarten, elementary, or

20 secondary education or library services to children.

21 ‘‘(2) HEALTH OR DAY CARE OR EARLY CHILD22 HOOD DEVELOPMENT SERVICES.—

23 ‘‘(A) IN GENERAL.—After the date of the en24 actment of the Educational Opportunities Act,

25 no Federal agency shall permit smoking within
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1 any indoor facility (or portion of such facility)

2 operated by such agency, directly or by contract,

3 to provide routine or regular health or day care

4 or early childhood development (Head Start)

5 services to children.

6 ‘‘(B) EXCEPTION.—Subparagraph (A) shall

7 not apply to—

8 ‘‘(i) any portion of such facility that is

9 used for inpatient hospital treatment of in10 dividuals dependent on, or addicted to,

11 drugs or alcohol; and

12 ‘‘(ii) any private residence.

13 ‘‘(3) APPLICATION OF PROVISIONS.—The provi14 sions of paragraph (2) shall also apply to the provi15 sion of such routine or regular kindergarten, elemen16 tary or secondary education or library services in the

17 facilities described in paragraph (2) not subject to

18 paragraph (1).

19 ‘‘(d) NOTICE.—The prohibitions in subsections (a)

20 through (c) shall be published in a notice in the Federal

21 Register by the Secretary (in consultation with the heads

22 of other affected agencies) and by such agency heads in

23 funding arrangements involving the provision of children’s

24 services administered by such heads. Such prohibitions shall

25 be effective 90 days after such notice is published, or 270
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1 days after the date of the enactment of the Educational Op2 portunities Act, whichever occurs first.

3 ‘‘(e) CIVIL PENALTIES.—

4 ‘‘(1) IN GENERAL.—Any failure to comply with

5 a prohibition in this section shall be considered to be

6 a violation of this section and any person subject to

7 such prohibition who commits such violation may be

8 liable to the United States for a civil penalty in an

9 amount not to exceed $1,000 for each violation, or

10 may be subject to an administrative compliance

11 order, or both, as determined by the Secretary. Each

12 day a violation continues shall constitute a separate

13 violation. In the case of any civil penalty assessed

14 under this section, the total amount shall not exceed

15 the amount of Federal funds received by such person

16 for the fiscal year in which the continuing violation

17 occurred. For the purpose of the prohibition in sub18 section (c), the term ‘person’, as used in this para19 graph, shall mean the head of the applicable Federal

20 agency or the contractor of such agency providing the

21 services to children.

22 ‘‘(2) ADMINISTRATIVE PROCEEDING.—A civil

23 penalty may be assessed in a written notice, or an

24 administrative compliance order may be issued under

25 paragraph (1), by the Secretary only after an oppor-
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1 tunity for a hearing in accordance with section 554

2 of title 5, United States Code. Before making such as3 sessment or issuing such order, or both, the Secretary

4 shall give written notice of the assessment or order to

5 such person by certified mail with return receipt and

6 provide information in the notice of an opportunity

7 to request in writing, not later than 30 days after the

8 date of receipt of such notice, such hearing. The notice

9 shall reasonably describe the violation and be accom10 panied with the procedures for such hearing and a

11 simple form that may be used to request such hearing

12 if such person desires to use such form. If a hearing

13 is requested, the Secretary shall establish by such cer14 tified notice the time and place for such hearing,

15 which shall be located, to the greatest extent possible,

16 at a location convenient to such person. The Secretary

17 (or the Secretary’s designee) and such person may

18 consult to arrange a suitable date and location where

19 appropriate.

20 ‘‘(3) CIRCUMSTANCES AFFECTING PENALTY OR

21 ORDER.—In determining the amount of the civil pen22 alty or the nature of the administrative compliance

23 order, the Secretary shall take into account, as

24 appropriate—
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1 ‘‘(A) the nature, circumstances, extent, and

2 gravity of the violation;

3 ‘‘(B) with respect to the violator, any good

4 faith efforts to comply, the importance of achiev5 ing early and permanent compliance, the ability

6 to pay or comply, the effect of the penalty or

7 order on the ability to continue operation, any

8 prior history of the same kind of violation, the

9 degree of culpability, and any demonstration of

10 willingness to comply with the prohibitions of

11 this section in a timely manner; and

12 ‘‘(C) such other matters as justice may re13 quire.

14 ‘‘(4) MODIFICATION.—The Secretary may, as ap15 propriate, compromise, modify, or remit, with or

16 without conditions, any civil penalty or administra17 tive compliance order. In the case of a civil penalty,

18 the amount, as finally determined by the Secretary or

19 agreed upon in compromise, may be deducted from

20 any sums that the United States or the agencies or

21 instrumentalities of the United States owe to the per22 son against whom the penalty is assessed.

23 ‘‘(5) PETITION FOR REVIEW.—Any person ag24 grieved by a penalty assessed or an order issued, or

25 both, by the Secretary under this section may file a
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1 petition for judicial review of the order with the

2 United States Court of Appeals for the District of Co3 lumbia Circuit or for any other circuit in which the

4 person resides or transacts business. Such person shall

5 provide a copy of the petition to the Secretary or the

6 Secretary’s designee. The petition shall be filed within

7 30 days after the Secretary’s assessment or order, or

8 both, are final and have been provided to such person

9 by certified mail. The Secretary shall promptly pro10 vide to the court a certified copy of the transcript of

11 any hearing held under this section and a copy of the

12 notice or order.

13 ‘‘(6) FAILURE TO COMPLY.—If a person fails to

14 pay an assessment of a civil penalty or comply with

15 an order, after the assessment or order, or both, are

16 final under this section, or after a court has entered

17 a final judgment under paragraph (5) in favor of the

18 Secretary, the Attorney General, at the request of the

19 Secretary, shall recover the amount of the civil pen20 alty (plus interest at prevailing rates from the day

21 the assessment or order, or both, are final) or enforce

22 the order in an action brought in the appropriate dis23 trict court of the United States. In such action, the

24 validity and appropriateness of the penalty or order
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1 or the amount of the penalty shall not be subject to

2 review.

3 ‘‘SEC. 4404. PREEMPTION.

4 ‘‘Nothing in this part is intended to preempt any pro5 vision of law of a State or political subdivision of a State

6 that is more restrictive than a provision of this part.’’.

7 TITLE V—EDUCATIONAL

8 OPPORTUNITY INITIATIVES

9 SEC. 501. EDUCATIONAL OPPORTUNITY INITIATIVES.

10 The heading for title V (20 U.S.C. 7201 et seq.) is

11 amended to read as follows:

12 ‘‘TITLE V—EDUCATIONAL

13 OPPORTUNITY INITIATIVES’’.

14 PART A—TECHNOLOGY EDUCATION

15 SEC. 511. TECHNOLOGY EDUCATION.

16 Part A of title V (20 U.S.C. 7201 et seq.) is amended

17 to read as follows:

18 ‘‘PART A—TECHNOLOGY EDUCATION

19 ‘‘SEC. 5111. STATEMENT OF PURPOSE.

20 ‘‘To help all students develop technical and higher21 order thinking skills and to achieve challenging State aca22 demic content and performance standards, as well as Amer23 ica’s Education Goals, it is the purpose of this part to—

24 ‘‘(1) help provide all classrooms with access to

25 educational technology through support for the acqui-
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1 sition of advanced multimedia computers, Internet

2 connections, and other technologies;

3 ‘‘(2) help ensure access to, and the effective use

4 of, educational technology in all classrooms through

5 the provision of sustained and intensive, high quality

6 professional development that improves the ability of

7 teachers and principals to integrate educational tech8 nology effectively into the classroom by actively en9 gaging students, teachers, paraprofessionals, media

10 specialists, principals and superintendents in the use

11 of technology;

12 ‘‘(3) help improve the capability of teachers and

13 other appropriate school personnel to design and con14 struct new learning experiences using technology, and

15 actively engage students in the design and construc16 tion;

17 ‘‘(4) support efforts by State Educational Agen18 cies and local educational agencies to create learning

19 environments designed to prepare students to achieve

20 challenging State academic content and performance

21 standard through the use of research based teaching

22 practices and advanced technologies;

23 ‘‘(5) support the provision of technical assistance

24 to State educational agencies, local educational agen25 cies, and communities to help such agencies and com-
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1 munities use technology-based resources and informa2 tion systems to support school reform and meet the

3 needs of students, teachers and other school personnel;

4 ‘‘(6) support partnerships among business and

5 industry and the education community to realize

6 more rapidly the potential of digital communication

7 to expand the scope of, and opportunities for learn8 ing;

9 ‘‘(7) support evaluation and research on the ef10 fective use of technology in preparing all students to

11 achieve challenging State academic content and per12 formance standards, and the impact of technology on

13 teaching and learning;

14 ‘‘(8) encourage collaborative relationships among

15 the State agency for higher education, the State li16 brary administrative agency, the State telecommuni17 cations agency, and the State educational agency, in

18 the area of technology support to strengthen the sys19 tem of education to ensure that technology is acces20 sible to, and usable by, all students;

21 ‘‘(9) assist every student in crossing the digital

22 divide by ensuring that every child is computer lit23 erate by the time the child finishes 8th grade, regard24 less of the child’s race, ethnicity, gender, income, geog25 raphy, or disability; and
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1 ‘‘(10) support the development and use of edu2 cation technology to enhance and facilitate meaning3 ful parental involvement to improve student learning.

4 ‘‘SEC. 5112. DEFINITIONS.

5 ‘‘In this title:

6 ‘‘(1) ADULT EDUCATION.—The term ‘adult edu7 cation’ has the same meaning given such term by sec8 tion 203 of the Adult Education and Family Literacy

9 Act.

10 ‘‘(2) ALL STUDENTS.—The term ‘all students’

11 means students from a broad range of backgrounds

12 and circumstances, including disadvantaged students,

13 students with diverse racial, ethnic, and cultural

14 backgrounds, students with disabilities, students with

15 limited English proficiency, students who have

16 dropped out of school, and academically talented stu17 dents.

18 ‘‘(3) INFORMATION INFRASTRUCTURE.—The term

19 ‘information infrastructure’ means a network of com20 munication systems designed to exchange information

21 among all citizens and residents of the United States.

22 ‘‘(4) INSTRUCTIONAL PROGRAMMING.—The term

23 ‘instructional programming’ means the full range of

24 audio and video data, text, graphics, or additional

25 state-of-the-art communications, including multi-
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1 media based resources distributed through interactive,

2 command and control, or passive methods for the pur3 pose of education and instruction.

4 ‘‘(5) INTEROPERABLE AND INTEROPERABILITY.—

5 The terms ‘interoperable’ and ‘interoperability’ mean

6 the ability to exchange easily data with, and connect

7 to, other hardware and software in order to provide

8 the greatest accessibility for all students and other

9 users.

10 ‘‘(6) OFFICE.—The term ‘Office’ means the Office

11 of Educational Technology.

12 ‘‘(7) PUBLIC TELECOMMUNICATIONS ENTITY.—

13 The term ‘public telecommunications entity’ has the

14 same meaning given to such term by section 397(12)

15 of the Communications Act of 1934.

16 ‘‘(8) REGIONAL EDUCATIONAL LABORATORY.—

17 The term ‘regional educational laboratory’ means a

18 regional educational laboratory supported under sec19 tion 941(h) of the Educational, Research, Develop20 ment, Dissemination, and Improvement Act of 1994.

21 ‘‘(9) STATE EDUCATIONAL AGENCY.—The term

22 ‘State educational agency’ includes the Bureau of In23 dian Affairs for purposes of serving schools funded by

24 the Bureau of Indian Affairs in accordance with this

25 part.
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1 ‘‘(10) STATE LIBRARY ADMINISTRATIVE AGEN2 CY.—The term ‘State library administrative agency’

3 has the same meaning given to such term in section

4 3 of the Library Services and Technology Act.

5 ‘‘(11) TECHNOLOGY.—The term ‘technology’

6 means state-of-the-art technology products and serv7 ices, such as closed circuit television systems, edu8 cational television and radio programs and services,

9 cable television, satellite, copper and fiber optic trans10 mission, computer hardware and software, video and

11 audio laser and CD-ROM discs, video and audio

12 tapes, web-based learning resources including online

13 classes, interactive tutorials, and interactive tools and

14 virtual environments for problem solving, hand-held

15 devices, wireless technologies, voice recognition sys16 tems, and high quality digital video, distance learn17 ing networks, visualization, modeling and simulation

18 software and learning focused digital libraries and

19 information retrieval systems.

20 ‘‘SEC. 5113. AUTHORIZATION OF APPROPRIATIONS.

21 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There

22 are authorized to be appropriated $815,000,000 for fiscal

23 year 2001 and such sums as may be necessary for each of

24 the 4 succeeding fiscal years to carry out subparts 1, 2, and

25 3, of which—
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1 ‘‘(1) with respect to subparts 1 and 3—

2 ‘‘(A) $5,000,000 shall be available to carry

3 out subpart 1 (National Programs for Tech4 nology in Education) for fiscal year 2001;

5 ‘‘(B) $10,000,000 shall be available to carry

6 out subpart 3 (Regional Technical Support and

7 Professional Development) for fiscal year 2001;

8 and

9 ‘‘(C) for each of fiscal years 2002 through

10 2005, not to exceed 2.5 percent of the total

11 amount appropriated under this subsection for

12 each such fiscal year shall be available to carry

13 out such subparts; and

14 ‘‘(2) of any funds remaining for a fiscal year

15 after amounts are made available under paragraph

16 (1)—

17 ‘‘(A) except as provided in subsection (b),

18 70 percent of such funds shall be available for

19 carrying out section 5132; and

20 ‘‘(B) 30 percent of such funds shall be avail21 able for carrying out national activities includ22 ing section 5136.

23 ‘‘(b) SPECIAL RULE.—The amount made available

24 under subsection (a)(2)(A) for a fiscal year shall in no case
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1 be less than the amount made available to carry out section

2 5132 in fiscal year 2000.

3 ‘‘SEC. 5114. LIMITATION ON COSTS.

4 ‘‘Not more than 5 percent of the funds under this part

5 that are made available to a recipient of funds under this

6 part for any fiscal year may be used by such recipient for

7 administrative costs or technical assistance.

8 ‘‘Subpart 1—National Programs for Technology in

9 Education

10 ‘‘SEC. 5121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.

11 ‘‘(a) IN GENERAL.—The Secretary shall update, pub12 lish, and broadly disseminate not later than 12 months

13 after the date of the enactment of this title, and update when

14 the Secretary determines appropriate, the national long15 range plan that supports the overall national technology

16 policy and carries out the purposes of this part.

17 ‘‘(b) PLAN REQUIREMENTS.—The Secretary shall—

18 ‘‘(1) update the national long-range plan in con19 sultation with other Federal departments or agencies,

20 State and local education practitioners and policy21 makers including teachers, principals and super22 intendents, experts in technology and the applications

23 of technology to education, representatives of distance

24 learning consortia, representatives of telecommuni25 cations partnerships receiving assistance under the
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1 Star Schools Act, and providers of technology services

2 and products;

3 ‘‘(2) transmit such plan to the President and to

4 the appropriate committees of the Congress; and

5 ‘‘(3) publish such plan in a form that is readily

6 accessible to the public.

7 ‘‘(c) CONTENTS OF THE PLAN.—The updated national

8 long-range plan shall describe the Secretary’s activities to

9 promote the purposes of this title, including—

10 ‘‘(1) how the Secretary will encourage the effec11 tive use of technology to provide all students the op12 portunity to achieve challenging State content stand13 ards and State student performance standards, espe14 cially through programs administered by the Depart15 ment;

16 ‘‘(2) joint activities in support of the overall na17 tional technology policy with other Federal depart18 ments or agencies, such as the Office of Science and

19 Technology Policy, the National Endowment for the

20 Humanities, the National Endowment for the Arts,

21 the National Institute for Literacy, the National Aer22 onautics and Space Administration, the National

23 Science Foundation, the Bureau of Indian Affairs,

24 and the Departments of Commerce, Energy, Health

25 and Human Services, and Labor—
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1 ‘‘(A) to promote the use of technology in

2 education, training, and lifelong learning, in3 cluding plans for the educational uses of a na4 tional information infrastructure; and

5 ‘‘(B) to ensure that the policies and pro6 grams of such departments or agencies facilitate

7 the use of technology for educational purposes, to

8 the extent feasible;

9 ‘‘(3) how the Secretary will work with educators,

10 State and local educational agencies, and appropriate

11 representatives of the private sector to facilitate the ef12 fective use of technology in education;

13 ‘‘(4) how the Secretary will promote—

14 ‘‘(A) higher achievement of all students

15 through the integration of technology into the

16 curriculum;

17 ‘‘(B) increased access to the benefits of tech18 nology for teaching and learning for schools with

19 a high number or percentage of children from

20 low-income families;

21 ‘‘(C) the use of technology to assist in the

22 implementation of State systemic reform strate23 gies;

24 ‘‘(D) the application of technological ad25 vances to use in education;
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1 ‘‘(E) increased access to high quality adult

2 and family education services through the use of

3 technology for instruction and professional devel4 opment;

5 ‘‘(F) increased opportunities for the profes6 sional development of teachers and other school

7 leaders in the use of new technologies;

8 ‘‘(G) increasing the use of educational tech9 nology to provide professional development op10 portunities for teachers and school leaders; and

11 ‘‘(H) increased parental involvement in

12 schools through the use of technology;

13 ‘‘(5) how the Secretary will determine, in con14 sultation with appropriate individuals, organizations,

15 industries, and agencies, the feasibility and desir16 ability of establishing guidelines to facilitate an easy

17 exchange of data and effective use of technology in

18 education;

19 ‘‘(6) how the Secretary will promote the exchange

20 of information among States, local educational agen21 cies, schools, consortia, and other entities concerning

22 the effective use of technology in education;

23 ‘‘(7) how the Secretary will promote the full inte24 gration of technology into learning, including the cre25 ation of new instructional opportunities through ac-
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1 cess to challenging courses and information that

2 would otherwise not have been available, and inde3 pendent learning opportunities for students through

4 technology;

5 ‘‘(8) how the Secretary will encourage the cre6 ation of opportunities for teachers to develop through

7 the use of technology, their own networks and re8 sources for sustained and intensive, high quality pro9 fessional development;

10 ‘‘(9) how the Secretary will utilize the outcomes

11 of the evaluation undertaken pursuant to section 5123

12 to promote the purposes of this part; and

13 ‘‘(10) the Secretary’s long-range measurable

14 goals and objectives relating to the purposes of this

15 part.

16 ‘‘SEC. 5122. FEDERAL LEADERSHIP.

17 ‘‘(a) PROGRAM AUTHORIZED.—In order to provide

18 Federal leadership in promoting the use of technology in

19 education, the Secretary, in consultation with the National

20 Science Foundation, the Department of Commerce, the

21 White House Office of Science and Technology, and other

22 appropriate Federal agencies, may carry out activities de23 signed to achieve the purposes of this part directly or by

24 awarding grants or contracts competitively and pursuant

25 to a peer review process to, or entering into contracts with,
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1 State educational agencies, local educational agencies, in2 stitutions of higher education, or other public and private

3 nonprofit or for-profit agencies and organizations.

4 ‘‘(b) ASSISTANCE.—

5 ‘‘(1) IN GENERAL.—The Secretary shall provide

6 assistance to the States to enable such States to plan

7 effectively for the use of technology in all schools

8 throughout the State.

9 ‘‘(2) OTHER FEDERAL AGENCIES.—For the pur10 pose of carrying out coordinated or joint activities

11 consistent with the purposes of this part, the Sec12 retary may accept funds from, and transfer funds to,

13 other Federal agencies.

14 ‘‘(c) USES OF FUNDS.—The Secretary shall use funds

15 made available to carry out this section for activities de16 signed to carry out the purpose of this part, to include 1

17 or more of the following activities—

18 ‘‘(1) providing assistance to technical assistance

19 providers to enable such providers to improve sub20 stantially the services such providers offer to edu21 cators, including principals and superintendents, re22 garding the uses of technology for education, includ23 ing professional development;

24 ‘‘(2) providing development grants to technical

25 assistance providers, to enable such providers to im-
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1 prove substantially the services such providers offer to

2 educators, including principals and superintendents,

3 on the educational uses of technology, including pro4 fessional development;

5 ‘‘(3) consulting with representatives of industry,

6 elementary and secondary education, higher edu7 cation, adult and family education, and appropriate

8 experts in technology and educational applications of

9 technology in carrying out activities under this sub10 part;

11 ‘‘(4) research on, and the development of, appli12 cations for education of the most advanced and newly

13 emerging technologies, including high quality video,

14 voice recognition devices, modeling and simulation

15 software (particularly web-based software and intel16 ligent tutoring), hand held devices, and wireless tech17 nologies, which research shall be coordinated, when

18 appropriate, with the Office of Educational Research

19 and Improvement, and other Federal agencies;

20 ‘‘(5) the development, demonstration, and eval21 uation of the educational aspects of high performance

22 computing and communications technologies and of

23 the national information infrastructure, in providing

24 professional development for teachers, school librar25 ians, school media specialists, other educators, and
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1 other appropriate school personnel; enriching aca2 demic curricula for elementary and secondary schools;

3 facilitating communications among schools, local edu4 cational agencies, libraries, parents, and local com5 munities and in other such areas as the Secretary

6 deems appropriate;

7 ‘‘(6) the development, demonstration, and eval8 uation of applications of technology and innovative

9 tools in preschool education, elementary and sec10 ondary education, training and lifelong learning, and

11 professional development of educational personnel;

12 ‘‘(7) increasing and improving opportunities for

13 professional development for teachers, principals, su14 perintendents and pupil service personnel through

15 technology;

16 ‘‘(8) the evaluation of software and other prod17 ucts, including multimedia television programming,

18 that incorporate advances in technology and help

19 achieve America’s Education Goals, State content

20 standards and State student performance standards;

21 ‘‘(9) the development, demonstration, and eval22 uation of model strategies for preparing teachers and

23 other personnel to use technology effectively to im24 prove teaching and learning;
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1 ‘‘(10) the development of model programs that

2 demonstrate the educational effectiveness of technology

3 in urban and rural areas and economically distressed

4 communities;

5 ‘‘(11) research on, and the evaluation of, the ef6 fectiveness and benefits of technology in education by

7 making available such research and the results of such

8 evaluation in a national repository as providing for

9 its use for sustained and intensive high quality pro10 fessional development;

11 ‘‘(12) a biennial assessment of, and report to the

12 public regarding, the availability of uses of technology

13 in elementary and secondary education throughout

14 the United States upon which private businesses and

15 Federal, State, tribal, and local governments may rely

16 for decisionmaking about the need for, and provision

17 of, appropriate technologies in schools, which assess18 ment and report shall use, to the extent possible, exist19 ing information and resources;

20 ‘‘(13) conferences on, and dissemination of infor21 mation regarding, the uses of technology in education;

22 ‘‘(14) the development of model strategies to pro23 mote gender equity concerning access to, and the use

24 of, technology in the classroom;
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1 ‘‘(15) encouraging collaboration between the De2 partment and other Federal agencies in the develop3 ment, implementation, evaluation and funding of ap4 plications of technology for education, as appropriate;

5 ‘‘(16) the development of model programs, men6 toring, or other programs that may include partner7 ships with a business, an industry, or an institution

8 of higher education, that encourages students, includ9 ing young women, to pursue demanding careers and

10 higher education degrees in mathematics, science, en11 gineering and technology;

12 ‘‘(17) the conduct of long-term controlled studies

13 on the effectiveness of the use of educational tech14 nology and the conduct of evaluations and applied

15 reach studies that examine how students learn using

16 technology and the characteristics of classrooms and

17 other educational settings that use education tech18 nology effectively;

19 ‘‘(18) the development, demonstration, and eval20 uation of model technology programs designed to im21 prove parental involvement; and

22 ‘‘(19) such other activities as the Secretary deter23 mines will meet the purposes of this subpart.

24 ‘‘(d) NON-FEDERAL SHARE.—
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1 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)

2 and (3), the Secretary may require any recipient of

3 a grant or contract under this section to share in the

4 cost of the activities assisted under such grant or con5 tract, which non-Federal share shall be announced

6 through a notice in the Federal Register and may be

7 in the form of cash or in-kind contributions, fairly

8 valued.

9 ‘‘(2) INCREASE.—The Secretary may increase

10 the non-Federal share that is required of a recipient

11 of a grant or contract under this section after the first

12 year such recipient receives funds under such grant or

13 contract.

14 ‘‘(3) MAXIMUM.—The non-Federal share required

15 under this section shall not exceed 50 percent of the

16 cost of the activities assisted pursuant to a grant or

17 contract under this section.

18 ‘‘Subpart 2—State and Local Programs for School

19 Technology Resources

20 ‘‘SEC. 5131. ALLOTMENT AND REALLOTMENT.

21 ‘‘(a) ALLOTMENT.—

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), each State educational agency shall be eli24 gible to receive a grant under this subpart for a fiscal

25 year in an amount which bears the same relationship
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1 to the amount made available under section

2 5113(a)(3)(A) for such year as the amount such State

3 received under part A of title I for such year bears

4 to the amount received for such year under such part

5 by all States.

6 ‘‘(2) MINIMUM.—No State educational agency

7 shall be eligible to receive a grant under paragraph

8 (1) in any fiscal year in an amount which is less

9 than one-half of 1 percent of the amount made avail10 able under section 5113(a)(3)(A) for such year.

11 ‘‘(3) OUTLYING AREAS.—The Secretary shall re12 serve an amount equal to one-half of 1 percent of the

13 amount made available to carry out section 5132 for

14 each fiscal year to provide grants to outlying areas in

15 amounts that are based on the relative needs of such

16 areas as determined by the Secretary in accordance

17 with the purposes of section 5132.

18 ‘‘(b) REALLOTMENT OF UNUSED FUNDS.—

19 ‘‘(1) IN GENERAL.—The amount of any State

20 educational agency’s allotment under subsection (a)

21 for any fiscal year which the State educational agen22 cy determines will not be required for such fiscal year

23 to carry out this subpart shall be available for reallot24 ment from time to time, on such dates during such

25 year as the Secretary may determine, to other State
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1 educational agencies in proportion to the original al2 lotments to such State educational agencies under

3 subsection (a) for such year.

4 ‘‘(2) OTHER REALLOTMENTS.—The total of re5 ductions under paragraph (1) shall be similarly real6 lotted among the State educational agencies whose

7 proportionate amounts were not so reduced. Any

8 amounts reallotted to a State educational agency

9 under this subsection during a year shall be deemed

10 a subpart of such agencies allotment under subsection

11 (a) for such year.

12 ‘‘SEC. 5132. TECHNOLOGY LITERACY FUND.

13 ‘‘(a) GRANTS TO STATES.—

14 ‘‘(1) IN GENERAL.—From amounts made avail15 able under section 5131, the Secretary, through the

16 Office of Educational Technology, shall award grants

17 to State educational agencies having applications ap18 proved under section 5133.

19 ‘‘(2) USE OF GRANTS.—

20 ‘‘(A) IN GENERAL.—Each State educational

21 agency receiving a grant under paragraph (1)

22 shall use such grant funds to award grants, on

23 a competitive basis, to local educational agencies

24 to enable such local educational agencies to carry

25 out the activities described in section 5134.
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1 ‘‘(B) SIZE, SCOPE AND DURATION.—In

2 awarding grants under subparagraph (A), each

3 State educational agency shall ensure that each

4 such grant is of sufficient duration, and of suffi5 cient size, scope, and quality, to carry out the

6 purposes of this part effectively.

7 ‘‘(b) TECHNICAL ASSISTANCE.—Each State edu8 cational agency receiving a grant under paragraph (1)

9 shall—

10 ‘‘(1) identify the local educational agencies

11 served by the State educational agency that—

12 ‘‘(A) have the highest number or percentage

13 of children in poverty; and

14 ‘‘(B) demonstrate to such State educational

15 agency the greatest need for technical assistance

16 in developing the application under section

17 5133; and

18 ‘‘(2) offer such technical assistance to such local

19 educational agencies.

20 ‘‘SEC. 5133. STATE APPLICATION.

21 ‘‘To receive funds under this subpart, each State edu22 cational agency shall submit a statewide educational tech23 nology plan which may include plans submitted under

24 statewide technology plans which meet the requirements of

25 this section. Such application shall be submitted to the Sec-
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1 retary at such time, in such manner, and accompanied by

2 such information as the Secretary may reasonably require.

3 Each such application shall contain a systemic statewide

4 plan that—

5 ‘‘(1) outlines long-term strategies for financing

6 technology education in the State and describes how

7 business, industry, and other public and private

8 agencies, including libraries, library literacy pro9 grams, and institutions of higher education, can par10 ticipate in the implementation, ongoing planning,

11 and support of the plan;

12 ‘‘(2) meets such other criteria as the Secretary

13 may establish in order to enable such agency to pro14 vide assistance to local educational agencies that have

15 the highest numbers or percentages of children in pov16 erty and demonstrate the greatest need for technology,

17 in order to enable such local educational agencies, for

18 the benefit of school sites served by such local edu19 cational agencies, to carry out activities such as—

20 ‘‘(A) purchasing quality technology re21 sources;

22 ‘‘(B) installing various linkages necessary

23 to acquire connectivity;
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1 ‘‘(C) integrating technology into the cur2 riculum in order to improve student learning

3 and achievement;

4 ‘‘(D) providing teachers, library media per5 sonnel, principals and superintendents with

6 training or access to training;

7 ‘‘(E) providing administrative and tech8 nical support and services that improve student

9 learning through enriched technology-enhanced

10 resources, including library media resources;

11 ‘‘(F) promoting in individual schools the

12 sharing, distribution, and application of edu13 cational technologies with demonstrated effective14 ness;

15 ‘‘(G) assisting schools in promoting parent

16 involvement;

17 ‘‘(H) assisting the community in providing

18 literacy-related services;

19 ‘‘(I) establishing partnerships with private

20 or public educational providers or other entities

21 to serve the needs of children in poverty; and

22 ‘‘(J) providing assurances that financial as23 sistance provided under this part shall supple24 ment, not supplant, State and local funds;
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1 ‘‘(3) the State educational agency’s specific goals

2 for using advanced technologies to improve student

3 achievement and student performance to challenging

4 State academic content and performance standards

5 by—

6 ‘‘(A) using web-based resources and tele7 communications networks to provide challenging

8 content and improve classroom instruction;

9 ‘‘(B) using research-based teaching practices

10 and models of effective uses of advanced tech11 nology to promote basic skills in core academic

12 areas and higher-order thinking skills in all stu13 dents; and

14 ‘‘(C) promoting sustained and intensive

15 high-quality professional development that in16 creases teacher capacity to enable students to

17 learn challenging State content and performance

18 standards and develop higher-order thinking

19 skills through the integration of technology into

20 instruction; and

21 ‘‘(4) the State educational agency’s strategy for

22 disseminating information.
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1 ‘‘SEC. 5134. LOCAL USES OF FUNDS.

2 ‘‘Each local educational agency, to the extent possible,

3 shall use the funds made available under section 5132(a)(2)

4 for—

5 ‘‘(1) adapting or expanding existing and new

6 applications of technology to enable teachers to help

7 students to achieve to challenging State academic con8 tent and student performance standards through the

9 use of research-based teaching practices and advanced

10 technologies;

11 ‘‘(2) funding projects of sufficient size and scope

12 to improve student learning and, as appropriate, sup13 port professional development, and provide adminis14 trative support;

15 ‘‘(3) acquiring connectivity linkages, resources,

16 and services, including the acquisition of hardware

17 and software, for use by teachers, students and school

18 library media personnel in the classroom or in school

19 library media centers, in order to improve student

20 learning by supporting the instructional program of21 fered by such agency to ensure that students in schools

22 will have meaningful access on a regular basis to such

23 linkages, resources and services;

24 ‘‘(4) providing sustained and intensive, high25 quality professional development in the integration of

26 advanced technologies into curriculum and in using
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1 those technologies to create new learning environ2 ments, including training in the use of technology to

3 access data and resources to develop curricula and in4 structional materials that are aligned to the chal5 lenging State academic content standards in core aca6 demic subjects;

7 ‘‘(5) acquiring connectivity with wide area net8 works for purposes of accessing information and edu9 cational programming sources, particularly with in10 stitutions of higher education and public libraries;

11 ‘‘(6) providing educational services for adults

12 and families;

13 ‘‘(7) carrying out programs that prepare pro14 spective teachers to use advanced technology to foster

15 learning environments conducive to preparing all stu16 dents to achieve challenging State and local content

17 and student performance standards through the use of

18 a variety of models including school-based profes19 sional development;

20 ‘‘(8) supporting in-school and school-community

21 collaboration to make more effective and efficient use

22 of existing investments in technology;

23 ‘‘(9) utilizing technology to develop or expand ef24 forts to connect schools and teachers with parents to

25 promote meaningful parental involvement and foster
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1 increased communication about curriculum, assign2 ments and assessments;

3 ‘‘(10) providing support to help parents under4 stand the technology being applied in their children’s

5 education so that parents will be able to reinforce

6 their children’s learning;

7 ‘‘(11) using web-based learning resources, includ8 ing those that provide access to challenging courses;

9 and

10 ‘‘(12) providing education technology for ad11 vanced placement instruction.

12 ‘‘SEC. 5135. LOCAL APPLICATIONS.

13 ‘‘Each local educational agency desiring assistance

14 from a State educational agency under section 5132(a)(2)

15 shall submit an application, consistent with the objectives

16 of the systemic statewide plan, to the State educational

17 agency at such time, in such manner and accompanied by

18 such information as the State educational agency may rea19 sonably require. Such application, at a minimum, shall—

20 ‘‘(1) include a strategic, long-range (3- to 5-

21 year), plan that includes—

22 ‘‘(A) a description of the type of tech23 nologies to be acquired, including specific provi24 sions for interoperability among components of
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1 such technologies and, to the extent practicable,

2 with existing technologies;

3 ‘‘(B) an explanation of how the acquired

4 technologies will be integrated into the cur5 riculum to help the local educational agency en6 hance teaching, training, and student achieve7 ment;

8 ‘‘(C) an explanation of how programs will

9 be developed in collaboration with existing adult

10 literacy services providers to maximize the use of

11 such technologies;

12 ‘‘(D)(i) a description of how the local edu13 cational agency will ensure ongoing, sustained

14 professional development for teachers, principals,

15 superintendents, appropriate school personnel,

16 and school library media personnel served by the

17 local educational agency to further the use of

18 technology in the classroom or library media

19 center;

20 ‘‘(ii) a list of the source or sources of ongo21 ing training and technical assistance available

22 to schools, teachers, principals, superintendents,

23 other appropriate school personnel and library

24 media personnel served by the local educational

25 agency, such as State technology offices, inter-
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1 mediate educational support units, regional edu2 cational laboratories or institutions of higher

3 education; and

4 ‘‘(iii) a description of how parents will be

5 informed of the use of technologies so that the

6 parents will be able to reinforce at home the in7 struction their children receive at school;

8 ‘‘(E) a description of the supporting re9 sources, such as services, software and print re10 sources, which will be acquired to ensure success11 ful and effective use of technologies acquired

12 under this section;

13 ‘‘(F) the projected timetable for imple14 menting such plan in schools;

15 ‘‘(G) the projected cost of technologies to be

16 acquired and related expenses needed to imple17 ment such plan; and

18 ‘‘(H) a description of how the local edu19 cational agency will coordinate the technology

20 provided pursuant to this subpart with other

21 grant funds available for technology from other

22 Federal, State and local sources;

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

24 will involve parents, public libraries, business leaders
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1 and community leaders in the development of such

2 plan;

3 ‘‘(3) describe how the acquired instructionally

4 based technologies will help the local educational

5 agency—

6 ‘‘(A) promote equity in education in order

7 to support State content standards and State

8 student performance standards that may be de9 veloped;

10 ‘‘(B) provide access for teachers, other ap11 propriate school personnel, parents and students

12 to the best teaching practices and curriculum re13 sources through technology; and

14 ‘‘(C) improve parental involvement in

15 schools;

16 ‘‘(4) describe a process for the ongoing evaluation

17 of how technologies acquired under this section—

18 ‘‘(A) will be integrated into the school cur19 riculum; and

20 ‘‘(B) will affect student achievement and

21 progress toward meeting America’s Education

22 Goals and any challenging State content stand23 ards and State student performance standards

24 that may be developed;
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1 ‘‘(5) describe how the consortia will develop or

2 redesign teacher preparation programs to enable pro3 spective teachers to use technology effectively in their

4 classroom, if applicable to the consortia; and

5 ‘‘(6) describe how the local educational agency

6 will effectively use technology to promote parental in7 volvement and increase communication with parents.

8 ‘‘(d) FORMATION OF CONSORTIA.—A local educational

9 agency for any fiscal year may apply for financial assist10 ance as part of a consortium with other local educational

11 agencies, institutions of higher education, intermediate edu12 cational units, libraries, or other educational entities ap13 propriate to provide local programs. The State educational

14 agency may assist in the formation of consortia among local

15 educational agencies, providers of educational services for

16 adults and families, institutions of higher education, inter17 mediate educational units, libraries, or other appropriate

18 educational entities to provide services for the teachers and

19 students in a local educational agency at the request of such

20 local educational agency.

21 ‘‘(e) COORDINATION OF APPLICATION REQUIRE22 MENTS.—If a local educational agency submitting an ap23 plication for assistance under this section has developed a

24 comprehensive education improvement plan, in conjunction

25 with requirements under this Act, the State educational
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1 agency may approve such plan, or a component of such

2 plan, notwithstanding the requirements of subsection (d) if

3 the State educational agency determines that such approval

4 would further the purposes of this subpart.

5 ‘‘SEC. 5136. NATIONAL TECHNOLOGY INNOVATION GRANTS.

6 ‘‘(a) GRANTS AUTHORIZED.—

7 ‘‘(1) IN GENERAL.—From amounts made avail8 able under section 5113(a)(3)(B) for any fiscal year

9 the Secretary is authorized to award grants, on a

10 competitive basis, to consortia having applications

11 approved under subsection (d), which consortia shall

12 include at least 1 local educational agency with a

13 high percentage or number of children living below

14 the poverty line and may include other local edu15 cational agencies, State educational agencies, institu16 tions of higher education, businesses, academic con17 tent experts, software designers, museums, libraries,

18 or other appropriate entities.

19 ‘‘(2) DURATION.—Grants under this section shall

20 be awarded for a period of 5 years.

21 ‘‘(3) CONTINUATION GRANTS.—The Secretary

22 may award continuation grants under this section,

23 where applicable, to entities receiving grants under

24 the Preparing Tomorrows Teachers to Use Technology

25 Program.
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1 ‘‘(b) USE OF GRANTS.—Grants awarded under sub2 section (a) shall be used for activities described in section

3 5134.

4 ‘‘(c) PRIORITY.—In awarding grants under this sec5 tion, the Secretary shall give priority to consortia which

6 demonstrate in the application submitted under subsection

7 (d) that—

8 ‘‘(1) the project for which assistance is sought is

9 designed to serve areas with a high number or per10 centage of disadvantaged students or the greatest need

11 for educational technology;

12 ‘‘(2) the project will directly benefit students by,

13 for example, integrating the acquired technologies into

14 curriculum to help the local educational agency en15 hance teaching, training, and student achievement;

16 ‘‘(3) the project will ensure ongoing, sustained

17 professional development for teachers, principals, su18 perintendents, other appropriate school personnel, and

19 school library media personnel served by the local

20 educational agency to further the use of technology in

21 the classroom or library media center including the

22 preservice education of prospective teachers in the use

23 of educational technology if 1 of the members of the

24 consortia is an institution of higher education that

25 prepares teachers for their initial entry into teaching;
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1 ‘‘(4) the project will ensure successful, effective,

2 and sustainable use of technologies acquired under

3 this subsection;

4 ‘‘(5) members of the consortia or other appro5 priate entities will contribute substantial financial

6 and other resources to achieve the goals of the project;

7 ‘‘(6) the project will enhance parental involve8 ment by providing parents the information needed to

9 more fully participate in their child’s learning; and

10 ‘‘(7) the project will use education technology for

11 advanced placement instruction.

12 ‘‘(d) APPLICATION.—

13 ‘‘(1) IN GENERAL.—Each consortium desiring a

14 grant under this section shall submit an application

15 to the Secretary at such time, in such manner, and

16 accompanied by such information as the Secretary

17 may reasonably require.

18 ‘‘(2) FISCAL AGENTS.—Any member of a consor19 tium may serve as the fiscal agent of the consortium

20 for purposes of this subpart, so long as the lead local

21 educational agency agrees to permit such member to

22 serve as the fiscal agent.
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1 ‘‘SEC. 5137. FEDERAL ADMINISTRATION.

2 ‘‘(a) EVALUATION PROCEDURES.—The Secretary shall

3 develop procedures for State and local evaluations of the

4 programs under this subpart.

5 ‘‘(b) SPECIFIC EVALUATIONS.—The Secretary shall

6 submit to the Congress by not later than 3 years after the

7 date of enactment of this title an evaluation of State and

8 local outcomes of the technology literacy challenge funds

9 program and of the technology innovations challenge grant

10 program.

11 ‘‘(c) EVALUATION SUMMARY.—The Secretary shall

12 submit to the Congress by not later than 2 years after the

13 date of enactment of this title a summary of the State eval14 uations of programs under this subpart in accordance with

15 the provisions of section 10201.

16 ‘‘Subpart 3—Regional Technical Support and

17 Professional Development

18 ‘‘SEC. 5141. REGIONAL TECHNICAL SUPPORT AND PROFES19 SIONAL DEVELOPMENT.

20 ‘‘(a) GRANTS AUTHORIZED.—

21 ‘‘(1) AUTHORITY.—The Secretary, through the

22 Office of Educational Technology, shall make grants

23 in accordance with the provisions of this section, to

24 regional entities such as the Eisenhower Mathematics

25 and Science Regional Consortia, the regional edu26 cation laboratories, the comprehensive regional assist-
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1 ance centers, or such other regional entities as may

2 be designated or established by the Secretary. In

3 awarding grants under this section, the Secretary

4 shall ensure that each geographic region of the United

5 States shall be served by such a consortium.

6 ‘‘(2) REQUIREMENTS.—Each consortium receiv7 ing a grant under this section shall—

8 ‘‘(A) be composed of State educational agen9 cies, institutions of higher education, nonprofit

10 organizations, or a combination thereof;

11 ‘‘(B) in cooperation with State and local

12 educational agencies, develop a regional program

13 that addresses professional development, tech14 nical assistance, and information resource dis15 semination, with special emphasis on meeting

16 the documented needs of educators and learners

17 in the region; and

18 ‘‘(C) foster regional cooperation and re19 source and coursework sharing.

20 ‘‘(b) FUNCTIONS.—

21 ‘‘(1) TECHNICAL ASSISTANCE.—Each consortium

22 receiving a grant under this section shall, to the ex23 tent practicable—

24 ‘‘(A) collaborate with State educational

25 agencies and local educational agencies request-
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1 ing collaboration, particularly in the develop2 ment of strategies for assisting those schools with

3 the highest numbers or percentages of disadvan4 taged students with little or no access to tech5 nology in the classroom;

6 ‘‘(B) provide information, in coordination

7 with information available from the Secretary,

8 to State educational agencies, local educational

9 agencies, schools and adult education programs,

10 on the types and features of various educational

11 technology equipment and software available,

12 evaluate and make recommendations on equip13 ment and software that support America’s Edu14 cation Goals and are suited for a school’s par15 ticular needs, and compile and share informa16 tion regarding creative and effective applications

17 of technology in the classroom and school library

18 media centers in order to support the purposes

19 of this part;

20 ‘‘(C) collaborate with such State educational

21 agencies, local educational agencies, or schools

22 requesting to participate in the tailoring of soft23 ware programs and other supporting materials

24 to meet challenging State content standards or
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1 challenging State student performance standards

2 that may be developed; and

3 ‘‘(D) provide technical assistance to facili4 tate use of the electronic dissemination networks

5 by State and local educational agencies and

6 schools throughout the region.

7 ‘‘(2) PROFESSIONAL DEVELOPMENT.—Each con8 sortium receiving a grant under this section shall, to

9 the extent practicable—

10 ‘‘(A) develop and implement, in collabora11 tion with State educational agencies and institu12 tions of higher education, technology-specific, on13 going professional development, such as—

14 ‘‘(i) intensive school year and summer

15 workshops that use teachers, school librar16 ians, and school library personnel to train

17 other teachers, school librarians, and other

18 school library media personnel; and

19 ‘‘(ii) distance professional development,

20 including—

21 ‘‘(I) interactive training tele22 courses using researchers, educators,

23 and telecommunications personnel who

24 have experience in developing, imple25 menting, or operating educational and
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1 instructional technology as a learning

2 tool;

3 ‘‘(II) onsite courses teaching

4 teachers to use educational and in5 structional technology and to develop

6 their own instructional materials for

7 effectively incorporating technology

8 and programming in their own class9 rooms;

10 ‘‘(III) methods for successful inte11 gration of instructional technology into

12 the curriculum in order to improve

13 student learning and achievement;

14 ‘‘(IV) video conferences and semi15 nars which offer professional develop16 ment through peer interaction with ex17 perts as well as other teachers using

18 technologies in their classrooms; and

19 ‘‘(V) mobile education technology

20 and training resources;

21 ‘‘(B) develop training resources that—

22 ‘‘(i) are relevant to the needs of the re23 gion and schools within the region;
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1 ‘‘(ii) are relevant to the needs of adult

2 literacy staff and volunteers, including on3 site courses on how to—

4 ‘‘(I) use instructional technology;

5 and

6 ‘‘(II) develop instructional mate7 rials for adult learning; and

8 ‘‘(iii) are aligned with the needs of

9 teachers and administrators in the region;

10 ‘‘(C) establish a repository of professional

11 development and technical assistance resources;

12 ‘‘(D) identify and link technical assistance

13 providers to State and local educational agen14 cies, as needed;

15 ‘‘(E) ensure that training, professional de16 velopment, and technical assistance meet the

17 needs of educators, parents, and students served

18 by the region;

19 ‘‘(F) assist colleges and universities within

20 the region to develop and implement preservice

21 training programs for students enrolled in teach22 er education programs; and

23 ‘‘(G) assist local educational agencies and

24 schools in working with community members

25 and parents to develop support from commu-
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1 nities and parents for educational technology

2 programs and projects.

3 ‘‘(3) INFORMATION AND RESOURCE DISSEMINA4 TION.—Each consortium receiving a grant under this

5 section shall, to the extent practicable—

6 ‘‘(A) assist State and local educational

7 agencies in the identification and procurement of

8 financial, technological and human resources

9 needed to implement technology plans;

10 ‘‘(B) provide outreach and, at the request of

11 a State or local educational agency, work with

12 such agency to assist in the development and val13 idation of instructionally based technology edu14 cation resources; and

15 ‘‘(C) coordinate activities and establish

16 partnerships with organizations and institutions

17 of higher education that represent the interests of

18 the region as such interests pertain to the appli19 cation of technology in teaching, learning, in20 structional management, dissemination, collec21 tion and distribution of educational statistics,

22 and the transfer of student information.

23 ‘‘(4) COORDINATION.—Each consortium receiving

24 a grant under this section shall work collaboratively,

25 and coordinate the services the consortium provides,
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1 with appropriate regional and other entities assisted

2 in whole or in part by the Department.

3 ‘‘(c) REPORTS ON CURRENT GRANTEES.—Not later

4 than 3 months after the date of enactment of this title, enti5 ties receiving grants under section 3141 of this Act (as such

6 section existed 1 day prior to the date of enactment of this

7 title) shall prepare and submit to the Secretary a report

8 concerning activities undertaken with amounts received

9 under such grants.’’.

10 PART B—WOMEN’S EDUCATIONAL EQUITY; STAR

11 SCHOOLS

12 SEC. 521. WOMEN’S EDUCATIONAL EQUITY.

13 (a) AMENDMENTS.—Part B of title V (20 U.S.C. 7231

14 et seq.) is amended—

15 (1) by amending section 5201 (20 U.S.C. 7231)

16 to read as follows:

17 ‘‘SEC. 5201. SHORT TITLE.

18 ‘‘This part may be cited as the ‘Women’s Educational

19 Equity Act of 1999’.’’;

20 (2) in section 5202(3) (20 U.S.C. 7232(3))—

21 (A) strike ‘‘sex,’’ and insert ‘‘sex and’’; and

22 (B) by inserting ‘‘socioeconomic status,’’

23 after ‘‘disability,’’;

24 (3) in section 5203(b) (20 U.S.C. 7233(b))—

25 (A) in paragraph (1)—
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1 (i) in the matter preceding subpara2 graph (A), by striking ‘‘years, to’’ and in3 serting ‘‘years’’;

4 (ii) in subparagraph (A), by striking

5 ‘‘provide grants’’; and

6 (iii) in subparagraph (B), by striking

7 ‘‘provide funds’’; and

8 (B) in paragraph (2)(A)—

9 (i) in clause (v), by striking ‘‘and on

10 race’’ and inserting ‘‘and race’’;

11 (ii) in clause (xiii)(I), by striking ‘‘in12 stitution’’ and inserting ‘‘institutional’’;

13 (iii) in clause (xiii)(II)—

14 (I) by striking ‘‘of equity’’ and in15 serting ‘‘of gender equity’’; and

16 (II) by striking ‘‘education;’’ and

17 inserting ‘‘education,’’; and

18 (iv) in clause (xiii)(III), by striking

19 the period and inserting ‘‘for women and

20 girls; and’’; and

21 (C) in paragraph (2)(B)(viii), by striking

22 ‘‘and unemployed’’ and inserting ‘‘women, un23 employed’’;

24 (4) in section 5204 (20 U.S.C. 7234)—
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1 (A) by striking the matter preceding para2 graph (1) and inserting the following:

3 ‘‘Each entity desiring assistance under this part shall

4 submit to the Secretary an application at such time, in

5 such manner, and accompanied by such information as the

6 Secretary may require. Each application shall—’’;

7 (B) in paragraph (2), by striking ‘‘the Na8 tional Education Goals’’ and inserting ‘‘Amer9 ica’s Education Goals’’;

10 (C) by striking paragraph (4); and

11 (D) by redesignating paragraphs (5)

12 through (7) as paragraphs (4) through (6), re13 spectively;

14 (5) in section 5205 (20 U.S.C. 7235)—

15 (A) in subsection (a)—

16 (i) by striking ‘‘CRITERIA AND PRIOR17 ITIES.—’’ and all that follows through

18 ‘‘The’’ in paragraph (1) and inserting the

19 following: ‘‘CRITERIA AND PRIORITIES.—

20 The’’; and

21 (ii) in paragraph (2)—

22 (I) by redesignating such para23 graph as subsection (b), and realigning

24 the margin accordingly; and
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1 (II) by redesignating subpara2 graphs (A) through (D) as paragraphs

3 (1) through (4), respectively, and re4 aligning the margins accordingly;

5 (B) by redesignating subsections (b) through

6 (e) as subsections (c) through (f), respectively;

7 (C) in subsection (c) (as so redesignated)—

8 (i) in the matter preceding paragraph

9 (1), by striking ‘‘special consideration’’ and

10 inserting ‘‘priority’’; and

11 (ii) by amending paragraph (3)(E) to

12 read as follows:

13 ‘‘(E) address the educational needs of

14 women and girls who suffer multiple forms of

15 discrimination on the basis of sex and on race,

16 ethnic origin, limited English proficiency, dis17 ability, socioeconomic status, or age.’’; and

18 (D) in subsection (e)(1) (as so redesig19 nated), by striking ‘‘by the Office’’ and inserting

20 ‘‘by such Office’’;

21 (6) in section 5206 (20 U.S.C. 7236), by striking

22 ‘‘1999’’ and inserting ‘‘2004’’;

23 (7) in section 5207 (20 U.S.C. 7237), by striking

24 subsection (a) and inserting the following:
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1 ‘‘(a) EVALUATION AND DISSEMINATION.—The Sec2 retary shall—

3 ‘‘(1) evaluate in accordance with section 10201,

4 materials and programs developed under this part;

5 ‘‘(2) disseminate materials and programs devel6 oped under this part; and

7 ‘‘(3) report to the Congress regarding such eval8 uation materials and programs not later than Janu9 ary 1, 2004.’’; and

10 (8) in section 5208 (20 U.S.C. 7238)—

11 (A) by striking ‘‘1995’’ and inserting

12 ‘‘2001’’; and

13 (B) by striking ‘‘, of which’’ and all that

14 follows through ‘‘section 5203(b)(1)’’.

15 (b) TRANSFER AND REDESIGNATION.—Part B of title

16 V (20 U.S.C. 7201 et seq.), as amended by subsection (a),

17 is transferred so as to appear after part D of title V (as

18 transferred by section 541(b)) and redesignated as part E.

19 (c) REDESIGNATION OF SECTIONS.—Sections 5201

20 through 5208 (20 U.S.C. 7231-7238) are redesignated as

21 section 5501 through 5508, respectively.

22 (d) CONFORMING AMENDMENTS.—Part E of title V (as

23 so redesignated) is amended—
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1 (1) in section 5504 (as so redesignated), by strik2 ing ‘‘5203(b)(1)’’ each place that such appears and

3 inserting ‘‘5503(b)(1)’’;

4 (2) in section 5505(a) (as so redesignated), by

5 striking ‘‘5203(b)’’ and inserting ‘‘5503(b)’’; and

6 (3) in section 5508 (as so redesignated), by strik7 ing ‘‘5203(b)(1)’’ and inserting ‘‘5503(b)(1)’’.

8 SEC. 522. STAR SCHOOLS.

9 Title V (20 U.S.C. 7231 et seq.) is amended by insert10 ing after part A (as amended by section 511) the following:

11 ‘‘PART B—STAR SCHOOLS PROGRAM

12 ‘‘SEC. 5201. SHORT TITLE.

13 ‘‘This part may be cited as the ‘Star Schools Act’.

14 ‘‘SEC. 5202. PURPOSE.

15 ‘‘It is the purpose of this part to encourage improved

16 instruction in mathematics, science, and foreign languages

17 and challenging and advanced courses as well as other sub18 jects, such as literacy skills and vocational education, and

19 to serve underserved populations, including the disadvan20 taged, illiterate, limited-English proficient, and individuals

21 with disabilities, through a star schools program under

22 which grants are made to eligible telecommunication part23 nerships to enable such partnerships to—

24 ‘‘(1) develop, construct, acquire, maintain and

25 operate telecommunications facilities and equipment;
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1 ‘‘(2) develop and acquire educational and in2 structional programming; and

3 ‘‘(3) obtain technical assistance for the use of

4 such facilities and instructional programming.

5 ‘‘SEC. 5203. GRANTS AUTHORIZED.

6 ‘‘(a) AUTHORITY.—The Secretary, through the Office

7 of Educational Technology, is authorized to make grants,

8 in accordance with the provisions of this part, to eligible

9 entities to pay the Federal share of the cost of—

10 ‘‘(1) the development, construction, acquisition,

11 maintenance and operation of telecommunications fa12 cilities and equipment;

13 ‘‘(2) the development and acquisition of inter14 active instructional programming;

15 ‘‘(3) the development and acquisition of

16 preservice and inservice teacher training programs

17 based on established research regarding teacher-to18 teacher mentoring, effective skill transfer, and ongo19 ing, in-class instruction;

20 ‘‘(4) the establishment of web-based resources or

21 teleconferencing facilities and resources for making

22 interactive training available to teachers;

23 ‘‘(5) obtaining technical assistance; and

24 ‘‘(6) the coordination of the design and

25 connectivity of broadband and other telecommuni-
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1 cations networks to reach the greatest number of

2 schools.

3 ‘‘(b) DURATION.—

4 ‘‘(1) IN GENERAL.—The Secretary shall award

5 grants pursuant to subsection (a) for a period of 5

6 years.

7 ‘‘(2) RENEWAL.—Grants awarded pursuant to

8 subsection (a) may be renewed for 1 additional 3-year

9 period.

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

11 ‘‘(1) IN GENERAL.—There are authorized to be

12 appropriated $50,000,000 for fiscal year 2001, and

13 such sums as may be necessary for each of the four

14 succeeding fiscal years, to carry out this part.

15 ‘‘(2) AVAILABILITY.—Funds appropriated pursu16 ant to the authority of subsection (a) shall remain

17 available until expended.

18 ‘‘(d) LIMITATIONS.—

19 ‘‘(1) IN GENERAL.—A grant under this section

20 shall not exceed—

21 ‘‘(A) five years in duration; and

22 ‘‘(B) $10,000,000 in any 1 fiscal year.

23 ‘‘(2) INSTRUCTIONAL PROGRAMMING.—Not less

24 than 25 percent of the funds available to the Sec-
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1 retary in any fiscal year under this part shall be used

2 for the cost of instructional programming.

3 ‘‘(3) SPECIAL RULE.—Not less than 50 percent of

4 the funds available in any fiscal year under this part

5 shall be used for the cost of facilities, equipment,

6 teacher training or retraining, technical assistance, or

7 programming, for local educational agencies which

8 are eligible to receive assistance under part A of title

9 I.

10 ‘‘(e) FEDERAL SHARE.—

11 ‘‘(1) IN GENERAL.—The Federal share of the cost

12 of projects funded under this section shall not

13 exceed—

14 ‘‘(A) 75 percent for the first and second

15 years for which an eligible telecommunications

16 partnership receives a grant under this part;

17 ‘‘(B) 60 percent for the third and fourth

18 such years; and

19 ‘‘(C) 50 percent for the fifth such year.

20 ‘‘(2) REDUCTION OR WAIVER.—The Secretary

21 may reduce or waive the requirement of the non-Fed22 eral share under paragraph (1) upon a showing of fi23 nancial hardship.

24 ‘‘(f) AUTHORITY TO ACCEPT FUNDS FROM OTHER

25 AGENCIES.—The Secretary is authorized to accept funds
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1 from other Federal departments or agencies to carry out

2 the purposes of this section, including funds for the pur3 chase of equipment.

4 ‘‘(g) COORDINATION.—The Department, the National

5 Science Foundation, the Department of Agriculture, the De6 partment of Commerce, and any other Federal department

7 or agency operating a telecommunications network for edu8 cational purposes, shall coordinate the activities assisted

9 under this part with the activities of such department or

10 agency relating to a telecommunications network for edu11 cational purposes.

12 ‘‘(h) CLOSED CAPTIONING AND DESCRIPTIVE VIDEO.—

13 Each entity receiving funds under this part is encouraged

14 to provide—

15 ‘‘(1) closed captioning of the verbal content of

16 such program, where appropriate, to be broadcast by

17 way of line 21 of the vertical blanking interval, or by

18 way of comparable successor technologies; and

19 ‘‘(2) descriptive video of the visual content of

20 such program, as appropriate.

21 ‘‘(i) ADVANCED PLACEMENT INSTRUCTION.—Each eli22 gible entity receiving funds under this part is encouraged

23 to deliver advanced placement instruction to underserved

24 communities.
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1 ‘‘SEC. 5204. ELIGIBLE ENTITIES.

2 ‘‘(a) ELIGIBLE ENTITIES.—

3 ‘‘(1) REQUIRED PARTICIPATION.—The Secretary

4 may make a grant under section 5203 to any eligible

5 entity, if at least 1 local educational agency is par6 ticipating in the proposed project.

7 ‘‘(2) ELIGIBLE ENTITY.—For the purpose of this

8 part, the term ‘eligible entity’ may include—

9 ‘‘(A) a public agency or corporation estab10 lished for the purpose of developing and oper11 ating telecommunications networks to enhance

12 educational opportunities provided by edu13 cational institutions, teacher training centers,

14 and other entities, except that any such agency

15 or corporation shall represent the interests of ele16 mentary and secondary schools that are eligible

17 to participate in the program under part A of

18 title I; or

19 ‘‘(B) a partnership that will provide tele20 communications services and which includes 3 or

21 more of the following entities, at least 1 of which

22 shall be an agency described in clause (i) or (ii):

23 ‘‘(i) a local educational agency that

24 serves a significant number of elementary

25 and secondary schools that are eligible for

26 assistance under part A of title I, or ele-
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1 mentary and secondary schools operated or

2 funded for Indian children by the Depart3 ment of the Interior eligible under section

4 1121(b)(2);

5 ‘‘(ii) a State educational agency;

6 ‘‘(iii) adult and family education pro7 grams;

8 ‘‘(iv) an institution of higher education

9 or a State higher education agency;

10 ‘‘(v) a teacher training center or acad11 emy that—

12 ‘‘(I) provides teacher pre-service

13 and in-service training; and

14 ‘‘(II) receives Federal financial

15 assistance or has been approved by a

16 State agency;

17 ‘‘(vi)(I) a public or private entity with

18 experience and expertise in the planning

19 and operation of a telecommunications net20 work, including entities involved in tele21 communications through the Internet, sat22 ellite, cable, telephone, or computer; or

23 ‘‘(II) a public broadcasting entity with

24 such experience; or
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1 ‘‘(vii) a public or private elementary

2 or secondary school.

3 ‘‘(b) SPECIAL RULE.—An eligible entity receiving as4 sistance under this part shall be organized on a statewide

5 or multistate basis.

6 ‘‘SEC. 5205. APPLICATIONS.

7 ‘‘(a) APPLICATIONS REQUIRED.—Each eligible entity

8 which desires to receive a grant under section 5203 shall

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

10 such manner, and containing or accompanied by such in11 formation as the Secretary may reasonably require.

12 ‘‘(b) STAR SCHOOL AWARD APPLICATIONS.—Each ap13 plication submitted pursuant to subsection (a) shall—

14 ‘‘(1) describe how the proposed project will assist

15 in achieving America’s Education Goals, how such

16 project will assist all students to have an opportunity

17 to learn to challenging State and local standards, how

18 such project will assist State and local educational re19 form efforts, and how such project will contribute to

20 creating a high quality system of lifelong learning;

21 ‘‘(2) describe the telecommunications facilities

22 and equipment and technical assistance for which as23 sistance is sought, which may include—

24 ‘‘(A) the design, development, construction,

25 acquisition, maintenance and operation of State
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1 or multistate educational telecommunications

2 networks and technology resource centers;

3 ‘‘(B) microwave, fiber optics, cable, and sat4 ellite transmission equipment or any combina5 tion thereof;

6 ‘‘(C) reception facilities and equipment;

7 ‘‘(D) satellite time and other transmissions;

8 ‘‘(E) production facilities and equipment;

9 ‘‘(F) other Internet education portals and

10 telecommunications equipment capable of serving

11 a wide geographic area;

12 ‘‘(G) the provision of training services to

13 instructors who will be using the facilities and

14 equipment for which assistance is sought, includ15 ing training in using such facilities and equip16 ment and training in integrating programs into

17 the classroom curriculum; and

18 ‘‘(H) the development of educational and re19 lated programming for use on a telecommuni20 cations network;

21 ‘‘(3) in the case of an application for assistance

22 for instructional programming, describe the types of

23 programming which will be developed to enhance in24 struction and training and provide assurances that

25 such programming will be designed in consultation
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1 with professionals (including classroom teachers) who

2 are experts in the applicable subject matter and grade

3 level;

4 ‘‘(4) describe how the eligible entity has engaged

5 in sufficient survey and analysis of the area to be

6 served to ensure that the services offered by the eligible

7 entity will increase the availability of courses of in8 struction in English, mathematics, science, foreign

9 languages, arts, history, geography, or other dis10 ciplines;

11 ‘‘(5) describe the professional development poli12 cies for teachers and other school personnel to be im13 plemented to ensure the effective use of the tele14 communications facilities and equipment for which

15 assistance is sought;

16 ‘‘(6) describe the manner in which historically

17 underserved students (such as students from low-in18 come families, limited English proficient students,

19 students with disabilities, or students who have low

20 literacy skills) and their families, will participate in

21 the benefits of the telecommunications facilities,

22 equipment, technical assistance, and programming

23 assisted under this part;
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1 ‘‘(7) describe how existing telecommunications

2 equipment, facilities, and services, where available,

3 will be used;

4 ‘‘(8) provide assurances that the financial inter5 est of the United States in the telecommunications fa6 cilities and equipment will be protected for the useful

7 life of such facilities and equipment;

8 ‘‘(9) provide assurances that a significant por9 tion of any facilities and equipment, technical assist10 ance, and programming for which assistance is sought

11 for elementary and secondary schools will be made

12 available to schools or local educational agencies that

13 have a high number or percentage of children eligible

14 to be counted under part A of title I;

15 ‘‘(10) provide assurances that the applicant will

16 use the funds provided under this part to supplement

17 and not supplant funds otherwise available for the

18 purposes of this part;

19 ‘‘(11) if any member of the consortia receives as20 sistance under subpart 3 of part A, describe how

21 funds received under this part will be coordinated

22 with funds received for educational technology in the

23 classroom under such section;

24 ‘‘(12) describe the activities or services for which

25 assistance is sought, such as—
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1 ‘‘(A) providing facilities, equipment, train2 ing services, and technical assistance;

3 ‘‘(B) making programs accessible to stu4 dents with disabilities through mechanisms such

5 as closed captioning and descriptive video serv6 ices;

7 ‘‘(C) linking networks around issues of na8 tional importance (such as elections) or to pro9 vide information about employment opportuni10 ties, job training, or student and other social

11 service programs;

12 ‘‘(D) sharing curriculum resources between

13 networks and development of program guides

14 which demonstrate cooperative, cross-network

15 listing of programs for specific curriculum areas;

16 ‘‘(E) providing teacher and student support

17 services including classroom and training sup18 port materials which permit student and teacher

19 involvement in the live interactive distance

20 learning telecasts;

21 ‘‘(F) incorporating community resources

22 such as libraries and museums into instructional

23 programs;

24 ‘‘(G) providing professional development for

25 teachers, including, as appropriate, training to
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1 early childhood development and Head Start

2 teachers and staff and vocational education

3 teachers and staff, and adult and family edu4 cators;

5 ‘‘(H) providing programs for adults to

6 maximize the use of telecommunications facilities

7 and equipment;

8 ‘‘(I) providing teacher training on proposed

9 or established voluntary national content stand10 ards in mathematics and science and other dis11 ciplines as such standards are developed; and

12 ‘‘(J) providing parent education programs

13 during and after the regular school day which

14 reinforce a student’s course of study and actively

15 involve parents in the learning process;

16 ‘‘(13) describe how the proposed project as a

17 whole will be financed and how arrangements for fu18 ture financing will be developed before the project ex19 pires;

20 ‘‘(14) provide an assurance that a significant

21 portion of any facilities, equipment, technical assist22 ance, and programming for which assistance is sought

23 for elementary and secondary schools will be made

24 available to schools in local educational agencies that
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1 have a high percentage of children counted for the

2 purpose of part A of title I;

3 ‘‘(15) provide an assurance that the applicant

4 will provide such information and cooperate in any

5 evaluation that the Secretary may conduct under this

6 part; and

7 ‘‘(16) include such additional assurances as the

8 Secretary may reasonably require.

9 ‘‘(c) PRIORITIES.—The Secretary, in approving appli10 cations for grants authorized under section 5203, shall give

11 priority to applications describing projects that—

12 ‘‘(1) propose high-quality plans to assist in

13 achieving 1 or more of America’s Education Goals,

14 will provide instruction consistent with State content

15 standards, or will otherwise provide significant and

16 specific assistance to States and local educational

17 agencies undertaking systemic education reform;

18 ‘‘(2) will provide services to programs serving

19 adults, especially parents, with low levels of literacy;

20 ‘‘(3) will serve schools with significant numbers

21 of children counted for the purposes of part A of title

22 I;

23 ‘‘(4) ensure that the eligible entity will—

24 ‘‘(A) serve the broadest range of institutions,

25 programs providing instruction outside of the
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1 school setting, programs serving adults, espe2 cially parents, with low levels of literacy, insti3 tutions of higher education, teacher training cen4 ters, research institutes, and private industry;

5 ‘‘(B) have substantial academic and teach6 ing capabilities, including the capability of

7 training, retraining, and inservice upgrading of

8 teaching skills and the capability to provide pro9 fessional development;

10 ‘‘(C) provide a comprehensive range of

11 courses for educators to teach instructional strat12 egies for students with different skill levels;

13 ‘‘(D) provide training to participating edu14 cators in ways to integrate telecommunications

15 courses into existing school curriculum;

16 ‘‘(E) provide instruction for students, teach17 ers, and parents;

18 ‘‘(F) serve a multistate area; and

19 ‘‘(G) give priority to the provision of equip20 ment and linkages to isolated areas; and

21 ‘‘(5) involve a telecommunications entity (such

22 as a satellite, cable, telephone, computer, or public or

23 private television stations) participating in the eligi24 ble entity and donating equipment or in-kind services

25 for telecommunications linkages.
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1 ‘‘(d) GEOGRAPHIC DISTRIBUTION.—In approving ap2 plications for grants authorized under section 5203, the Sec3 retary shall, to the extent feasible, ensure an equitable geo4 graphic distribution of services provided under this part.

5 ‘‘SEC. 5206. DEFINITIONS.

6 ‘‘In this part:

7 ‘‘(1) EDUCATIONAL INSTITUTION.—The term

8 ‘educational institution’ means an institution of high9 er education, a local educational agency, or a State

10 educational agency.

11 ‘‘(2) INSTRUCTIONAL PROGRAMMING.—The term

12 ‘instructional programming’ means courses of in13 struction and training courses for elementary and

14 secondary students, teachers, and others, and mate15 rials for use in such instruction and training that

16 have been prepared in audio and visual form on ei17 ther analog or digital format and are presented by

18 means of telecommunications devices.

19 ‘‘(3) TERM PUBLIC BROADCASTING ENTITY.—The

20 term ‘public broadcasting entity’ has the same mean21 ing given such term in section 397 of the Communica22 tions Act of 1934.

23 ‘‘SEC. 5207. ADMINISTRATIVE PROVISIONS.

24 ‘‘(a) CONTINUING ELIGIBILITY.—
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1 ‘‘(1) IN GENERAL.—In order to be eligible to re2 ceive a grant under section 5203 for a second 3-year

3 grant period an eligible entity shall demonstrate in

4 the application submitted pursuant to section 5205

5 that such partnership shall—

6 ‘‘(A) continue to provide services in the sub7 ject areas and geographic areas assisted with

8 funds received under this part for the previous 5-

9 year grant period; and

10 ‘‘(B) use all grant funds received under this

11 part for the second 3-year grant period to pro12 vide expanded services by—

13 ‘‘(i) increasing the number of students,

14 schools or school districts served by the

15 courses of instruction assisted under this

16 part in the previous fiscal year;

17 ‘‘(ii) providing new courses of instruc18 tion; and

19 ‘‘(iii) serving new populations of un20 derserved individuals, such as children or

21 adults who are disadvantaged, have limited22 English proficiency, are individuals with

23 disabilities, are illiterate, or lack secondary

24 school diplomas or their recognized equiva25 lent.
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1 ‘‘(2) SPECIAL RULE.—Grant funds received pur2 suant to paragraph (1) shall be used to supplement

3 and not supplant services provided by the grant re4 cipient under this part in the previous fiscal year.

5 ‘‘(b) FEDERAL ACTIVITIES.—The Secretary may assist

6 grant recipients under section 5203 in acquiring satellite

7 time and other transmissions technologies, where appro8 priate, as economically as possible.

9 ‘‘SEC. 5208. OTHER ASSISTANCE.

10 ‘‘(a) SPECIAL STATEWIDE NETWORK.—

11 ‘‘(1) IN GENERAL.—The Secretary, through the

12 Office of Educational Technology, may provide assist13 ance to a statewide fiber optics telecommunications

14 network under this subsection if such network—

15 ‘‘(A) provides 2-way full motion interactive

16 video and voice communications via Internet,

17 cable and other technologies;

18 ‘‘(B) links together public colleges and uni19 versities and schools throughout the State; and

20 ‘‘(C) includes such additional assurances as

21 the Secretary may reasonably require.

22 ‘‘(2) STATE CONTRIBUTION.—A statewide tele23 communications network assisted under paragraph

24 (1) shall contribute, either directly or through private
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1 contributions, non-Federal funds equal to not less

2 than 50 percent of the cost of such network.

3 ‘‘(b) SPECIAL LOCAL NETWORK.—

4 ‘‘(1) IN GENERAL.—The Secretary may provide

5 assistance, on a competitive basis, to a local edu6 cational agency or consortium thereof to enable such

7 agency or consortium to establish a high technology

8 demonstration program.

9 ‘‘(2) PROGRAM REQUIREMENTS.—A high tech10 nology demonstration program assisted under para11 graph (1) shall—

12 ‘‘(A) include 2-way full motion interactive

13 video, data and voice communications;

14 ‘‘(B) link together elementary and sec15 ondary schools, colleges, and universities;

16 ‘‘(C) provide parent participation and fam17 ily programs;

18 ‘‘(D) include a staff development program;

19 and

20 ‘‘(E) have a significant contribution and

21 participation from business and industry.

22 ‘‘(3) SPECIAL RULE.—Each high technology dem23 onstration program assisted under paragraph (1)

24 shall be of sufficient size and scope to have an effect

25 on meeting America’s Education Goals.
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1 ‘‘(4) MATCHING REQUIREMENT.—A local edu2 cational agency or consortium receiving a grant

3 under paragraph (1) shall provide, either directly or

4 through private contributions, non-Federal matching

5 funds equal to not less than 50 percent of the amount

6 of the grant.

7 ‘‘(c) TELECOMMUNICATIONS PROGRAMS FOR CON8 TINUING EDUCATION.—

9 ‘‘(1) AUTHORITY.—The Secretary is authorized

10 to award grants, on a competitive basis, to eligible

11 entities to enable such partnerships to develop and op12 erate 1 or more programs which provide on-line ac13 cess to educational resources in support of continuing

14 education and curriculum requirements relevant to

15 achieving a secondary school diploma or its recog16 nized equivalent. The program authorized by this sec17 tion shall be designed to advance adult literacy, sec18 ondary school completion and the acquisition of speci19 fied competency by the end of the 12th grade.

20 ‘‘(2) APPLICATION.—Each eligible entity desiring

21 a grant under this section shall submit an applica22 tion to the Secretary. Each such application shall—

23 ‘‘(A) demonstrate that the applicant will

24 use publicly funded or free public telecommuni25 cations infrastructure to deliver video, voice and
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1 data in an integrated service to support and as2 sist in the acquisition of a secondary school di3 ploma or its recognized equivalent;

4 ‘‘(B) assure that the content of the materials

5 to be delivered is consistent with the accredita6 tion requirements of the State for which such

7 materials are used;

8 ‘‘(C) incorporate, to the extent feasible, ma9 terials developed in the Federal departments and

10 agencies and under appropriate federally funded

11 projects and programs;

12 ‘‘(D) assure that the applicant has the tech13 nological and substantive experience to carry out

14 the program; and

15 ‘‘(E) contain such additional assurances as

16 the Secretary may reasonably require.’’.

17 PART C—MAGNET SCHOOLS ASSISTANCE

18 SEC. 531. MAGNET SCHOOLS ASSISTANCE.

19 Part C of title V (20 U.S.C. 7261 et seq.) is amended

20 to read as follows:

21 ‘‘PART C—MAGNET SCHOOLS ASSISTANCE

22 ‘‘SEC. 5301. FINDINGS AND STATEMENT OF PURPOSE.

23 ‘‘(a) FINDINGS.—Congress makes the following find24 ings:
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1 ‘‘(1) Magnet schools are a significant part of our

2 Nation’s effort to achieve voluntary desegregation of

3 our Nation’s schools.

4 ‘‘(2) It is in the national interest to continue the

5 Federal Government’s support of school districts that

6 are implementing court-ordered desegregation plans

7 and school districts that are voluntarily seeking to

8 foster meaningful interaction among students of dif9 ferent racial and ethnic backgrounds.

10 ‘‘(3) Desegregation can help ensure that all stu11 dents have equitable access to high-quality education

12 that will prepare them to function well in a techno13 logically oriented and highly competitive society com14 prised of people from many different racial and eth15 nic backgrounds.

16 ‘‘(4) It is in the national interest to desegregate

17 and diversify those schools in our Nation that are ra18 cially, economically, linguistically, or ethnically seg19 regated. Such segregation exists between minority and

20 non-minority students as well as among students of

21 different minority groups.

22 ‘‘(b) STATEMENT OF PURPOSE.—The purpose of this

23 part is to assist in the desegregation of schools served by

24 local educational agencies by providing financial assistance

25 to eligible local educational agencies for—
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1 ‘‘(1) the elimination, reduction, or prevention of

2 minority group isolation in elementary schools and

3 secondary schools with substantial proportions of mi4 nority students which shall assist in the efforts of the

5 United States to achieve voluntary desegregation in

6 public schools;

7 ‘‘(2) the development and implementation of

8 magnet school projects that will assist local edu9 cational agencies in achieving systemic reforms and

10 providing all students the opportunity to meet chal11 lenging State and local content standards and chal12 lenging State and local student performance stand13 ards;

14 ‘‘(3) the development and design of innovative

15 educational methods and practices;

16 ‘‘(4) courses of instruction within magnet schools

17 that will substantially strengthen the knowledge of

18 academic subjects and the grasp of tangible and mar19 ketable vocational, technological and career skills of

20 students attending such schools;

21 ‘‘(5) improving the capacity of local educational

22 agencies, including through professional development,

23 to continue operating magnet schools at a high per24 formance level after Federal funding is terminated;

25 and
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1 ‘‘(6) ensuring that all students enrolled in the

2 magnet school program have equitable access to high

3 quality education that will enable the students to suc4 ceed academically and continue with post secondary

5 education or productive employment.

6 ‘‘SEC. 5302. PROGRAM AUTHORIZED.

7 ‘‘The Secretary, in accordance with this part, is au8 thorized to make grants to eligible local educational agen9 cies, and consortia of such agencies where appropriate, to

10 carry out the purpose of this part for magnet schools that

11 are—

12 ‘‘(1) part of an approved desegregation plan;

13 and

14 ‘‘(2) designed to bring students from different so15 cial, economic, ethnic, and racial backgrounds to16 gether.

17 ‘‘SEC. 5303. DEFINITION.

18 ‘‘For the purpose of this part, the term ‘magnet school’

19 means a public elementary school or secondary school or

20 a public elementary or secondary education center that of21 fers a special curriculum capable of attracting substantial

22 numbers of students of different racial backgrounds.

23 ‘‘SEC. 5304. ELIGIBILITY.

24 ‘‘A local educational agency, or consortium of such

25 agencies where appropriate, is eligible to receive assistance
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1 under this part to carry out the purposes of this part if

2 such agency or consortium—

3 ‘‘(1) is implementing a plan undertaken pursu4 ant to a final order issued by a court of the United

5 States, or a court of any State, or any other State

6 agency or official of competent jurisdiction, that re7 quires the desegregation of minority-group-segregated

8 children or faculty in the elementary schools and sec9 ondary schools of such agency; or

10 ‘‘(2) without having been required to do so, has

11 adopted and is implementing, or will, if assistance is

12 made available to such local educational agency or

13 consortium of such agencies under this part, adopt

14 and implement a plan that has been approved by the

15 Secretary as adequate under title VI of the Civil

16 Rights Act of 1964 for the desegregation of minority17 group-segregated children or faculty in such schools.

18 ‘‘SEC. 5305. APPLICATIONS AND REQUIREMENTS.

19 ‘‘(a) APPLICATIONS.—An eligible local educational

20 agency or consortium of such agencies desiring to receive

21 assistance under this part shall submit an application to

22 the Secretary at such time, in such manner, and containing

23 such information and assurances as the Secretary may rea24 sonably require.
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1 ‘‘(b) INFORMATION AND ASSURANCES.—Each such ap2 plication shall include—

3 ‘‘(1) a description of—

4 ‘‘(A) how assistance made available under

5 this part will be used to promote desegregation,

6 including how the proposed magnet school project

7 will increase interaction among students of dif8 ferent social, economic, ethnic, and racial back9 grounds;

10 ‘‘(B) the manner and extent to which the

11 magnet school project will increase student

12 achievement in the instructional area or areas

13 offered by the school;

14 ‘‘(C) how an applicant will continue the

15 magnet school project after assistance under this

16 part is no longer available, including, if applica17 ble, an explanation of why magnet schools estab18 lished or supported by the applicant with funds

19 under this part cannot be continued without the

20 use of funds under this part;

21 ‘‘(D) how funds under this part will be used

22 to implement services and activities that are con23 sistent with other programs under this Act, and

24 other Acts, as appropriate, in accordance with

25 the provisions of section 6506; and
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1 ‘‘(E) the criteria to be used in selecting stu2 dents to attend the proposed magnet school

3 project; and

4 ‘‘(2) assurances that the applicant will—

5 ‘‘(A) use funds under this part for the pur6 poses specified in section 5301(b);

7 ‘‘(B) employ State certified or licensed

8 teachers in the courses of instruction assisted

9 under this part to teach or supervise others who

10 are teaching the subject matter of the courses of

11 instruction;

12 ‘‘(C) not engage in discrimination based on

13 race, religion, color, national origin, sex, or dis14 ability in—

15 ‘‘(i) the hiring, promotion, or assign16 ment of employees of the agency or other

17 personnel for whom the agency has any ad18 ministrative responsibility;

19 ‘‘(ii) the assignment of students to

20 schools, or to courses of instruction within

21 the school, of such agency, except to carry

22 out the approved plan; and

23 ‘‘(iii) designing or operating extra24 curricular activities for students;
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1 ‘‘(D) carry out a high-quality education

2 program that will encourage greater parental de3 cisionmaking and involvement; and

4 ‘‘(E) give students residing in the local at5 tendance area of the proposed magnet school

6 project equitable consideration for placement in

7 the project, consistent with desegregation guide8 lines and the capacity of the project to accommo9 date these students.

10 ‘‘(c) SPECIAL RULE.—No application may be ap11 proved under this section unless the Assistant Secretary of

12 Education for Civil Rights determines that the assurances

13 described in subsection (b)(2)(C) will be met.

14 ‘‘SEC. 5306. PRIORITY.

15 ‘‘In approving applications under this part, the Sec16 retary shall give priority to applicants that—

17 ‘‘(1) demonstrate the greatest need for assistance,

18 based on the expense or difficulty of effectively car19 rying out an approved desegregation plan and the

20 projects for which assistance is sought;

21 ‘‘(2) propose to carry out new magnet school

22 projects, or significantly revise existing magnet school

23 projects;
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1 ‘‘(3) propose to select students to attend magnet

2 school projects by methods such as lottery, rather than

3 through academic examination;

4 ‘‘(4) propose to implement innovative edu5 cational approaches that are consistent with the State

6 and local content and student performance standards;

7 and

8 ‘‘(5) propose activities, which may include pro9 fessional development, that will build local capacity

10 to operate the magnet school program once Federal

11 assistance has terminated.

12 ‘‘SEC. 5307. USE OF FUNDS.

13 ‘‘(a) IN GENERAL.—Grant funds made available under

14 this part may be used by an eligible local educational agen15 cy or consortium of such agencies—

16 ‘‘(1) for planning and promotional activities di17 rectly related to the development, expansion, continu18 ation, or enhancement of academic programs and

19 services offered at magnet schools;

20 ‘‘(2) for the acquisition of books, materials, and

21 equipment, including computers and the maintenance

22 and operation thereof, necessary for the conduct of

23 programs in magnet schools;

24 ‘‘(3) for the payment, or subsidization of the

25 compensation, of elementary school and secondary
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1 school teachers who are certified or licensed by the

2 State, and instructional staff where applicable, who

3 are necessary for the conduct of programs in magnet

4 schools;

5 ‘‘(4) with respect to a magnet school program of6 fered to less than the entire student population of a

7 school, for instructional activities that—

8 ‘‘(A) are designed to make available the spe9 cial curriculum that is offered by the magnet

10 school project to students who are enrolled in the

11 school but who are not enrolled in the magnet

12 school program; and

13 ‘‘(B) further the purposes of this part;

14 ‘‘(5) to include professional development, which

15 professional development shall build the agency’s or

16 consortium’s capacity to operate the magnet school

17 once Federal assistance has terminated;

18 ‘‘(6) to enable the local educational agency or

19 consortium to have more flexibility in the administra20 tion of a magnet school program in order to serve stu21 dents attending a school who are not enrolled in a

22 magnet school program; and

23 ‘‘(7) to enable the local educational agency or

24 consortium to have flexibility in designing magnet

25 schools for students at all grades.
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1 ‘‘(b) SPECIAL RULE.—Grant funds under this part

2 may be used in accordance with paragraphs (2) and (3)

3 of subsection (a) only if the activities described in such

4 paragraphs are directly related to improving the students’

5 reading skills or knowledge of mathematics, science, history,

6 geography, English, foreign languages, art, or music, or to

7 improving vocational, technological and career skills.

8 ‘‘SEC. 5308. PROHIBITION.

9 Grants under this part may not be used for transpor10 tation or any activity that does not augment academic im11 provement.

12 ‘‘SEC. 5309. LIMITATIONS.

13 ‘‘(a) DURATION OF AWARDS.—A grant under this part

14 shall be awarded for a period that shall not exceed three

15 fiscal years.

16 ‘‘(b) LIMITATION ON PLANNING FUNDS.—A local edu17 cational agency may expend for planning (professional de18 velopment shall not be considered as planning for purposes

19 of this subsection) not more than 50 percent of the funds

20 received under this part for the first year of the project,

21 25 percent of such funds for the second such year, and 15

22 percent of such funds for the third such year.

23 ‘‘(c) AMOUNT.—No local educational agency or consor24 tium awarded a grant under this part shall receive more

25 than $4,000,000 under this part in any one fiscal year.
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1 ‘‘(d) TIMING.—To the extent practicable, the Secretary

2 shall award grants for any fiscal year under this part not

3 later than June 1 of the applicable fiscal year.

4 ‘‘SEC. 5310. INNOVATIVE PROGRAMS.

5 ‘‘(a) IN GENERAL.—From amounts reserved under

6 subsection (d) for each fiscal year, the Secretary shall award

7 grants to local educational agencies or consortia of such

8 agencies described in section 5304 to enable such agencies

9 or consortia to conduct innovative programs that—

10 ‘‘(1) involve innovative strategies other than

11 magnet schools, such as neighborhood or community

12 model schools, to support desegregation of schools and

13 to reduce achievement gaps;

14 ‘‘(2) assist in achieving systemic reforms and

15 providing all students the opportunity to meet chal16 lenging State and local content standards and chal17 lenging State and local student performance stand18 ards; and

19 ‘‘(3) include innovative educational methods and

20 practices that—

21 ‘‘(A) are organized around a special empha22 sis, theme, or concept; and

23 ‘‘(B) involve extensive parent and commu24 nity involvement.
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1 ‘‘(b) APPLICABILITY.—Sections 5301(b), 5302, 5305,

2 5306, and 5307, shall not apply to grants awarded under

3 subsection (a).

4 ‘‘(c) APPLICATIONS.—Each local educational agency

5 or consortia of such agencies desiring a grant under this

6 section shall submit an application to the Secretary at such

7 time, in such manner, and containing such information

8 and assurances as the Secretary may reasonably require.

9 ‘‘(d) INNOVATIVE PROGRAMS.—The Secretary shall re10 serve not more than 5 percent of the funds appropriated

11 under section 5312(a) for each fiscal year to award grants

12 under this section.

13 ‘‘SEC. 5311. EVALUATIONS.

14 ‘‘(a) RESERVATION.—The Secretary may reserve not

15 more than two percent of the funds appropriated under sec16 tion 5312(a) for any fiscal year to carry out evaluations

17 of projects assisted under this part and to provide technical

18 assistance for grant recipients under this part.

19 ‘‘(b) CONTENTS.—Each evaluation described in sub20 section (a), at a minimum, shall address—

21 ‘‘(1) how and the extent to which magnet school

22 programs lead to educational quality and improve23 ment;

24 ‘‘(2) the extent to which magnet school programs

25 enhance student access to quality education;
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1 ‘‘(3) the extent to which magnet school programs

2 lead to the elimination, reduction, or prevention of

3 minority group isolation in elementary schools and

4 secondary schools with substantial proportions of mi5 nority students;

6 ‘‘(4) the extent to which magnet school programs

7 differ from other school programs in terms of the or8 ganizational characteristics and resource allocations

9 of such magnet school programs; and

10 ‘‘(5) the extent to which magnet school programs

11 continue once grant assistance under this part is ter12 minated.

13 ‘‘(c) DISSEMINATION.—The Secretary shall collect and

14 disseminate to the general public information on successful

15 magnet school programs.

16 ‘‘SEC. 5312. AUTHORIZATION OF APPROPRIATIONS; RES17 ERVATION.

18 ‘‘(a) AUTHORIZATION.—For the purpose of carrying

19 out this part, there are authorized to be appropriated

20 $125,000,000 for fiscal year 2001 and such sums as may

21 be necessary for each of the 4 succeeding fiscal years.

22 ‘‘(b) AVAILABILITY OF FUNDS FOR GRANTS TO AGEN23 CIES NOT PREVIOUSLY ASSISTED.—In any fiscal year for

24 which the amount appropriated pursuant to subsection (a)

25 exceeds $75,000,000, the Secretary shall give priority to
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1 using such amounts in excess of $75,000,000 to award

2 grants to local educational agencies or consortia of such

3 agencies that did not receive a grant under this part in

4 the preceding fiscal year.’’.

5 PART D—PUBLIC CHARTER SCHOOLS

6 SEC. 541. PUBLIC CHARTER SCHOOLS.

7 (a) REAUTHORIZATION.—Part C of title X (20 U.S.C.

8 8061 et seq.) is amended—

9 (1) in section 10301 (20 U.S.C. 8061)—

10 (A) by striking subsection (a); and

11 (B) by striking ‘‘(b) PURPOSE.—’’; and

12 (2) in section 10311 (20 U.S.C. 8067), by strik13 ing ‘‘$100,000,000 for fiscal year 1999’’ and inserting

14 ‘‘$175,000,000 for fiscal year 2001’’.

15 (b) TRANSFER, REDESIGNATION, CONFORMING

16 AMENDMENTS.—Part C of title X (20 U.S.C. 8061 et seq.)

17 is amended—

18 (1) by transferring such part so as to appear

19 after part C of title V;

20 (2) by redesignating such part as part D;

21 (3) by redesignating sections 10301 through

22 10311 as sections 5401 through 5411, respectively;

23 (4) in section 5402 (as so redesignated)—
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1 (A) in subsections (a) and (b), by striking

2 ‘‘10303’’ each place that such appears and in3 serting ‘‘5403’’;

4 (B) in subsection (c)(1)(C), by striking

5 ‘‘10304’’ and inserting ‘‘5404’’; and

6 (C) in subsection (e)(1), by striking

7 ‘‘10311’’ each place that such appears and in8 serting ‘‘5411’’;

9 (5) in section 5403 (as so redesignated)—

10 (A) in subsections (b)(3)(M) and (c), by

11 striking ‘‘10302’’ each place that such appears

12 and inserting ‘‘5402’’; and

13 (B) in subsection (d)(2)(B), by striking

14 ‘‘10304’’ and inserting ‘‘5404’’;

15 (6) in section 5404 (as so redesignated)—

16 (A) in the matter preceding paragraph (1)

17 of subsections (a) and (b), by striking ‘‘10303’’

18 each place that such appears and inserting

19 ‘‘5403’’;

20 (B) in subsections (a)(7) and (b)(7), by

21 striking ‘‘10302’’ each place that such appears

22 and inserting ‘‘5402’’; and

23 (C) in the matter preceding paragraph (1)

24 of subsection (e), by striking ‘‘10310’’ and insert25 ing ‘‘5410’’; and
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1 (7) in section 5405(a)(4)(B) (as so redesignated),

2 by striking ‘‘10303’’ and inserting ‘‘5403’’.

3 PART E—CIVIC EDUCATION; FIE; ELLENDER FEL4 LOWSHIPS; READY-TO-LEARN TELEVISION;

5 INEXPENSIVE BOOK DISTRIBUTION

6 SEC. 551. CIVIC EDUCATION; FIE; ELLENDER FELLOWSHIPS;

7 READY-TO-LEARN TELEVISION; INEXPENSIVE

8 BOOK DISTRIBUTION.

9 Title V (20 U.S.C. 7201 et seq.) is amended by adding

10 at the end the following:

11 ‘‘PART F—CIVIC EDUCATION

12 ‘‘SEC. 5601. SHORT TITLE.

13 ‘‘This part may be cited as the ‘Education for Democ14 racy Act’.

15 ‘‘SEC. 5602. THE STUDY OF THE DECLARATION OF INDE16 PENDENCE, UNITED STATES CONSTITUTION,

17 AND THE FEDERALIST PAPERS.

18 ‘‘It is the sense of Congress that—

19 ‘‘(1) State and local governments and local edu20 cational agencies are encouraged to dedicate at least

21 1 day of learning to the study and understanding of

22 the significance of the Declaration of Independence,

23 the United States Constitution, and the Federalist

24 Papers; and
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1 ‘‘(2) State and local governments and local edu2 cational agencies are encouraged to include a require3 ment that, before receiving a certificate or diploma of

4 graduation from secondary school, students be tested

5 on their competency in understanding the Declaration

6 of Independence, the United States Constitution, and

7 the Federalist Papers.

8 ‘‘SEC. 5603. PURPOSE.

9 ‘‘It is the purpose of this part—

10 ‘‘(1) to improve the quality of civics and govern11 ment education, and to enhance the attainment of the

12 third and sixth America’s Education Goals, by edu13 cating students about the history and principles of the

14 Constitution of the United States, including the Bill

15 of Rights;

16 ‘‘(2) to foster civic competence and responsi17 bility; and

18 ‘‘(3) to improve the quality of civic education

19 and economic education through cooperative civic

20 education and economic education exchange programs

21 with other democratic nations.

22 ‘‘SEC. 5604. GENERAL AUTHORITY.

23 ‘‘The Secretary is authorized to award grants to or

24 enter into contracts with the Center for Civic Education,
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1 the National Council on Economic Education, or other non2 profit educational organizations to carry out this part.

3 ‘‘SEC. 5605. WE THE PEOPLE PROGRAM.

4 ‘‘(a) THE CITIZEN AND THE CONSTITUTION.—

5 ‘‘(1) EDUCATION ACTIVITIES.—The Secretary

6 shall award a grant or enter into a contract for the

7 Citizen and the Constitution program that—

8 ‘‘(A) shall continue and expand the edu9 cational activities of the ‘We the People . . . The

10 Citizen and the Constitution’ program adminis11 tered by the Center for Civic Education; and

12 ‘‘(B) shall enhance student attainment of

13 challenging content standards in civics and gov14 ernment.

15 ‘‘(2) PROGRAM CONTENT.—The education pro16 gram authorized by this section shall provide—

17 ‘‘(A) a course of instruction on the basic

18 principles of our Nation’s constitutional democ19 racy and the history of the Constitution of the

20 United States and the Bill of Rights;

21 ‘‘(B) at the request of a participating

22 school, school and community simulated congres23 sional hearings following the course of study;

24 ‘‘(C) an annual national competition of

25 simulated congressional hearings for secondary
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1 school students who wish to participate in such

2 a program;

3 ‘‘(D) advanced training of teachers about

4 the Constitution of the United States and the po5 litical system the United States created;

6 ‘‘(E) materials and methods of instruction,

7 including teacher training, that utilize the latest

8 advancements in educational technology; and

9 ‘‘(F) civic education materials and services

10 such as service learning to address specific prob11 lems such as the prevention of school violence

12 and the abuse of drugs and alcohol.

13 ‘‘(3) AVAILABILITY OF PROGRAM.—The education

14 program authorized under this subsection shall be

15 made available to public and private elementary

16 schools and secondary schools, including Bureau

17 funded schools, in the 435 congressional districts, the

18 District of Columbia, the Commonwealth of Puerto

19 Rico, the United States Virgin Islands, Guam, Amer20 ican Samoa, and the Commonwealth of the Northern

21 Mariana Islands.

22 ‘‘(b) PROJECT CITIZEN.—

23 ‘‘(1) EDUCATIONAL ACTIVITIES.—The Secretary

24 shall award a grant or enter into a contract for the

25 Project Citizen program that—
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1 ‘‘(A) shall continue and expand the edu2 cational activities of the ‘We the People . . .

3 Project Citizen’ program administered by the

4 Center for Civic Education; and

5 ‘‘(B) shall enhance student attainment of

6 challenging content standards in civics and gov7 ernment.

8 ‘‘(2) PROGRAM CONTENT.—The education pro9 gram authorized by this subsection shall provide—

10 ‘‘(A) a course of instruction at the middle

11 school level on the roles of State and local gov12 ernments in the Federal system established by

13 the Constitution of the United States;

14 ‘‘(B) optional school and community simu15 lated State legislative hearings;

16 ‘‘(C) an annual national showcase or com17 petition;

18 ‘‘(D) advanced training of teachers on the

19 roles of State and local governments in the Fed20 eral system established by the Constitution;

21 ‘‘(E) materials and methods of instruction,

22 including teacher training, that utilize the latest

23 advancements in educational technology; and

24 ‘‘(F) civic education materials and services

25 to address specific problems such as the preven-
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1 tion of school violence and the abuse of drugs

2 and alcohol.

3 ‘‘(3) AVAILABILITY OF PROGRAM.—The education

4 program authorized under this subsection shall be

5 made available to public and private middle schools,

6 including Bureau funded schools, in the 50 States, the

7 District of Columbia, the Commonwealth of Puerto

8 Rico, the United States Virgin Islands, Guam, Amer9 ican Samoa, and the Commonwealth of the Northern

10 Mariana Islands.

11 ‘‘(c) DEFINITION OF BUREAU FUNDED SCHOOL.—In

12 this section the term ‘Bureau funded school’ has the mean13 ing given the term in section 1146 of the Education Amend14 ments of 1978.

15 ‘‘SEC. 5606. CIVIC EDUCATION AND ECONOMIC EDUCATION

16 EXCHANGE PROGRAMS.

17 ‘‘(a) COOPERATIVE EDUCATION EXCHANGE PRO18 GRAMS.—The Secretary, in consultation with the Secretary

19 of State, shall carry out Cooperative Education Exchange

20 programs in accordance with this section.

21 ‘‘(b) PURPOSE.—The purpose of the programs pro22 vided under this section shall be to—

23 ‘‘(1) make available to educators from eligible

24 countries exemplary curriculum and teacher training
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1 programs in civics and government education, and ec2 onomics education, developed in the United States;

3 ‘‘(2) assist eligible countries in the adaptation,

4 implementation, and institutionalization of such pro5 grams;

6 ‘‘(3) create and implement civics and govern7 ment education, and economic education, programs

8 for United States students that draw upon the experi9 ences of the participating eligible countries;

10 ‘‘(4) provide a means for the exchange of ideas

11 and experiences in civics and government education

12 and economic education, among political, edu13 cational, governmental, and private sector leaders of

14 participating eligible countries; and

15 ‘‘(5) provide support for—

16 ‘‘(A) research and evaluation to determine

17 the effects of educational programs on students’

18 development of the knowledge, skills, and traits of

19 character essential for the preservation and im20 provement of constitutional democracy; and

21 ‘‘(B) effective participation in and the pres22 ervation and improvement of an efficient market

23 economy.

24 ‘‘(c) AVOIDANCE OF DUPLICATION.—The Secretary

25 shall consult with the Secretary of State to ensure that ac-
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1 tivities under this section are not duplicative of other efforts

2 in the eligible countries and that partner institutions in

3 the eligible countries are creditable.

4 ‘‘(d) ACTIVITIES.—The Cooperative Education Ex5 change programs shall—

6 ‘‘(1) provide eligible countries with—

7 ‘‘(A) seminars on the basic principles of

8 United States constitutional democracy and eco9 nomics, including seminars on the major govern10 mental and economic institutions and systems in

11 the United States, and visits to such institutions;

12 ‘‘(B) visits to school systems, institutions of

13 higher education, and nonprofit organizations

14 conducting exemplary programs in civics and

15 government education, and economic education,

16 in the United States;

17 ‘‘(C) translations and adaptations regard18 ing United States civic and government edu19 cation, and economic education, curricular pro20 grams for students and teachers, and in the case

21 of training programs for teachers translations

22 and adaptations into forms useful in schools in

23 eligible countries, and joint research projects in

24 such areas;
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1 ‘‘(D) research and evaluation assistance to

2 determine—

3 ‘‘(i) the effects of the Cooperative Edu4 cation Exchange programs on students’ de5 velopment of the knowledge, skills, and

6 traits of character essential for the preserva7 tion and improvement of constitutional de8 mocracy; and

9 ‘‘(ii) effective participation in and the

10 preservation and improvement of an effi11 cient market economy;

12 ‘‘(2) provide United States participants with—

13 ‘‘(A) seminars on the histories, economies,

14 and systems of government of eligible countries;

15 ‘‘(B) visits to school systems, institutions of

16 higher education, and organizations conducting

17 exemplary programs in civics and government

18 education, and economic education, located in el19 igible countries;

20 ‘‘(C) assistance from educators and scholars

21 in eligible countries in the development of cur22 ricular materials on the history, government,

23 and economy of such countries that are useful in

24 United States classrooms;
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1 ‘‘(D) opportunities to provide onsite dem2 onstrations of United States curricula and peda3 gogy for educational leaders in eligible countries;

4 and

5 ‘‘(E) research and evaluation assistance to

6 determine—

7 ‘‘(i) the effects of the Cooperative Edu8 cation Exchange programs on students’ de9 velopment of the knowledge, skills, and

10 traits of character essential for the preserva11 tion and improvement of constitutional de12 mocracy; and

13 ‘‘(ii) effective participation in and im14 provement of an efficient market economy;

15 and

16 ‘‘(3) assist participants from eligible countries

17 and the United States to participate in international

18 conferences on civics and government education, and

19 economic education, for educational leaders, teacher

20 trainers, scholars in related disciplines, and edu21 cational policymakers.

22 ‘‘(e) PARTICIPANTS.—The primary participants in the

23 Cooperative Education Exchange programs assisted under

24 this section shall be educational leaders in the areas of

25 civics and government education, and economic education,
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1 including curriculum and teacher training specialists,

2 scholars in relevant disciplines, and educational policy3 makers, and government and private sector leaders from the

4 United States and eligible countries.

5 ‘‘(f) DEFINITION.—For the purpose of this section, the

6 term ‘eligible country’ means a country with a democratic

7 form of government that—

8 ‘‘(1) is a Central European country, an Eastern

9 European country, Lithuania, Latvia, Estonia, Geor10 gia, or one of the independent states of the former So11 viet Union as defined in section 3 of the FREEDOM

12 Support Act (22 U.S.C. 5801); and

13 ‘‘(2) may include the Republic of Ireland, the

14 province of Northern Ireland in the United Kingdom,

15 and any developing country as defined in section

16 209(d) of the Education for the Deaf Act.

17 ‘‘SEC. 5607. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘(a) SECTION 5605.—There are authorized to be ap19 propriated to carry out section 5605, $10,000,000 for fiscal

20 year 2001 and such sums as may be necessary for each of

21 the 4 succeeding fiscal years.

22 ‘‘(b) SECTION 5606.—There are authorized to be ap23 propriated to carry out section 5606, $10,000,000 for fiscal

24 year 2001 and such sums as may be necessary for each of

25 the 4 succeeding fiscal years.
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1 ‘‘PART G—FUND FOR THE IMPROVEMENT OF

2 EDUCATION

3 ‘‘SEC. 5701. FUND FOR THE IMPROVEMENT OF EDUCATION.

4 ‘‘(a) FUND AUTHORIZED.—From funds appropriated

5 under subsection (d), the Secretary is authorized to support

6 nationally significant programs and projects to improve the

7 quality of elementary and secondary education. The Sec8 retary is authorized to carry out such programs and

9 projects directly or through grants to, or contracts with,

10 State and local educational agencies, institutions of higher

11 education, and other public and private agencies, organiza12 tions, and institutions.

13 ‘‘(b) USES OF FUNDS.—Funds under this section may

14 be used for—

15 ‘‘(1) programs under section 5702;

16 ‘‘(2) programs under section 5703;

17 ‘‘(3) programs under section 5704;

18 ‘‘(4) programs under section 5705;

19 ‘‘(5) programs under section 5706;

20 ‘‘(6) the identification and recognition of exem21 plary schools and programs, such as Blue Ribbon

22 Schools; and

23 ‘‘(7) the development and evaluation of model

24 strategies for professional development for teachers

25 and administrators.

26 ‘‘(c) AWARDS.—
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1 ‘‘(1) IN GENERAL.—The Secretary may make

2 awards under this section on the basis of competitions

3 announced by the Secretary.

4 ‘‘(2) SPECIAL RULE.—The Secretary shall ensure

5 that programs, projects, and activities supported

6 under this section are designed so that the effective7 ness of such programs, projects, and activities is read8 ily ascertainable.

9 ‘‘(3) PEER REVIEW.—The Secretary shall use a

10 peer review process in reviewing applications for as11 sistance under this section and may use funds appro12 priated under subsection (d) for the cost of such peer

13 review.

14 ‘‘(d) AUTHORIZATION.—For the purpose of carrying

15 out this section, there are authorized to be appropriated

16 $100,000,000 for fiscal year 2001 and such sums as may

17 be necessary for each of the 4 succeeding fiscal years.

18 ‘‘SEC. 5702. PARTNERSHIPS IN CHARACTER EDUCATION

19 PROGRAM.

20 ‘‘(a) PROGRAM AUTHORIZED.—

21 ‘‘(1) IN GENERAL.—The Secretary is authorized

22 to award grants to eligible entities for the design and

23 implementation of character education programs that

24 incorporate the elements of character described in sub-
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1 section (d), as well as other character elements identi2 fied by the eligible entities.

3 ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible enti4 ty’ means—

5 ‘‘(A) a State educational agency in partner6 ship with 1 or more local educational agencies;

7 ‘‘(B) a State educational agency in partner8 ship with—

9 ‘‘(i) 1 or more local educational agen10 cies; and

11 ‘‘(ii) 1 or more nonprofit organizations

12 or entities, including institutions of higher

13 education;

14 ‘‘(C) a local educational agency or consor15 tium of local educational agencies; or

16 ‘‘(D) a local educational agency in partner17 ship with another nonprofit organization or en18 tity, including institutions of higher education.

19 ‘‘(3) DURATION.—Each grant under this section

20 shall be awarded for a period not to exceed 3 years,

21 of which the eligible entity shall not use more than 1

22 year for planning and program design.

23 ‘‘(b) APPLICATIONS.—

24 ‘‘(1) REQUIREMENT.—Each eligible entity desir25 ing a grant under this section shall submit an appli-
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1 cation to the Secretary at such time and in such

2 manner as the Secretary may require.

3 ‘‘(2) CONTENTS OF APPLICATION.—Each appli4 cation submitted under this section shall include—

5 ‘‘(A) a description of any partnerships or

6 collaborative efforts among the organizations and

7 entities of the eligible entity;

8 ‘‘(B) a description of the goals and objec9 tives of the program proposed by the eligible en10 tity;

11 ‘‘(C) a description of activities that will be

12 pursued and how those activities will contribute

13 to meeting the goals and objectives described in

14 subparagraph (B), including—

15 ‘‘(i) how parents, students, and other

16 members of the community, including mem17 bers of private and nonprofit organizations,

18 will be involved in the design and imple19 mentation of the program and how the eli20 gible entity will work with the larger com21 munity to increase the reach and promise of

22 the program;

23 ‘‘(ii) curriculum and instructional

24 practices that will be used or developed;
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1 ‘‘(iii) methods of teacher training and

2 parent education that will be used or devel3 oped; and

4 ‘‘(iv) how the program will be linked to

5 other efforts in the schools to improve stu6 dent performance;

7 ‘‘(D) in the case of an eligible entity that is

8 a State educational agency—

9 ‘‘(i) a description of how the State edu10 cational agency will provide technical and

11 professional assistance to its local edu12 cational agency partners in the development

13 and implementation of character education

14 programs; and

15 ‘‘(ii) a description of how the State

16 educational agency will assist other inter17 ested local educational agencies that are not

18 members of the original partnership in de19 signing and establishing character edu20 cation programs;

21 ‘‘(E) a description of how the eligible entity

22 will evaluate the success of its program—

23 ‘‘(i) based on the goals and objectives

24 described in subparagraph (B); and
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1 ‘‘(ii) in cooperation with the national

2 evaluation conducted pursuant to subsection

3 (c)(2)(B)(iii);

4 ‘‘(F) an assurance that the eligible entity

5 annually will provide to the Secretary such in6 formation as may be required to determine the

7 effectiveness of the program; and

8 ‘‘(G) any other information that the Sec9 retary may require.

10 ‘‘(c) EVALUATION AND PROGRAM DEVELOPMENT.—

11 ‘‘(1) EVALUATION AND REPORTING.—

12 ‘‘(A) STATE AND LOCAL REPORTING AND

13 EVALUATION.—Each eligible entity receiving a

14 grant under this section shall submit to the Sec15 retary a comprehensive evaluation of the pro16 gram assisted under this section, including the

17 impact on students, teachers, administrators,

18 parents, and others—

19 ‘‘(i) by the second year of the program;

20 and

21 ‘‘(ii) not later than 1 year after com22 pletion of the grant period.

23 ‘‘(B) CONTRACTS FOR EVALUATION.—Each

24 eligible entity receiving a grant under this sec25 tion may contract with outside sources, includ-
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1 ing institutions of higher education, and private

2 and nonprofit organizations, for purposes of

3 evaluating its program and measuring the suc4 cess of the program toward fostering in students

5 the elements of character described in subsection

6 (d).

7 ‘‘(2) NATIONAL RESEARCH, DISSEMINATION, AND

8 EVALUATION.—

9 ‘‘(A) IN GENERAL.—The Secretary is au10 thorized to make grants to, or enter into con11 tracts or cooperative agreements with, State or

12 local educational agencies, institutions of higher

13 education, tribal organizations, or other public

14 or private agencies or organizations to carry out

15 research, development, dissemination, technical

16 assistance, and evaluation activities that support

17 or inform State and local character education

18 programs. The Secretary shall reserve not more

19 than 5 percent of the funds made available under

20 this section to carry out this paragraph.

21 ‘‘(B) USES.—Funds made available under

22 subparagraph (A) may be used—

23 ‘‘(i) to conduct research and develop24 ment activities that focus on matters such

25 as—
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1 ‘‘(I) the effectiveness of instruc2 tional models for all students;

3 ‘‘(II) materials and curricula that

4 can be used by programs in character

5 education;

6 ‘‘(III) models of professional de7 velopment in character education; and

8 ‘‘(IV) the development of measures

9 of effectiveness for character education

10 programs which may include the fac11 tors described in paragraph (3);

12 ‘‘(ii) to provide technical assistance to

13 State and local programs, particularly on

14 matters of program evaluation;

15 ‘‘(iii) to conduct a national evaluation

16 of State and local programs receiving fund17 ing under this section; and

18 ‘‘(iv) to compile and disseminate,

19 through various approaches (such as a na20 tional clearinghouse)—

21 ‘‘(I) information on model char22 acter education programs;

23 ‘‘(II) character education mate24 rials and curricula;
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1 ‘‘(III) research findings in the

2 area of character education and char3 acter development; and

4 ‘‘(IV) any other information that

5 will be useful to character education

6 program participants, educators, par7 ents, administrators, and others na8 tionwide.

9 ‘‘(C) PRIORITY.—In carrying out national

10 activities under this paragraph related to devel11 opment, dissemination, and technical assistance,

12 the Secretary shall seek to enter into partner13 ships with national, nonprofit character edu14 cation organizations with expertise and success15 ful experience in implementing local character

16 education programs that have had an effective

17 impact on schools, students, including students

18 with disabilities, and teachers.

19 ‘‘(3) FACTORS.—Factors which may be consid20 ered in evaluating the success of programs funded

21 under this section may include—

22 ‘‘(A) discipline issues;

23 ‘‘(B) student performance;

24 ‘‘(C) participation in extracurricular ac25 tivities;
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1 ‘‘(D) parental and community involvement;

2 ‘‘(E) faculty and administration involve3 ment;

4 ‘‘(F) student and staff morale; and

5 ‘‘(G) overall improvements in school climate

6 for all students.

7 ‘‘(d) ELEMENTS OF CHARACTER.—

8 ‘‘(1) IN GENERAL.—Each eligible entity desiring

9 funding under this section shall develop character

10 education programs that incorporate the following ele11 ments of character:

12 ‘‘(A) Caring.

13 ‘‘(B) Civic virtue and citizenship.

14 ‘‘(C) Justice and fairness.

15 ‘‘(D) Respect.

16 ‘‘(E) Responsibility.

17 ‘‘(F) Trustworthiness.

18 ‘‘(G) Any other elements deemed appro19 priate by the members of the eligible entity.

20 ‘‘(2) ADDITIONAL ELEMENTS OF CHARACTER.—

21 An eligible entity participating under this section

22 may, after consultation with schools and communities

23 served by the eligible entity, define additional ele24 ments of character that the eligible entity determines
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1 to be important to the schools and communities served

2 by the eligible entity.

3 ‘‘(e) USE OF FUNDS BY STATE EDUCATIONAL AGENCY

4 RECIPIENTS.—Of the total funds received in any fiscal year

5 under this section by an eligible entity that is a State edu6 cational agency—

7 ‘‘(1) not more than 10 percent of such funds may

8 be used for administrative purposes; and

9 ‘‘(2) the remainder of such funds may be used

10 for—

11 ‘‘(A) collaborative initiatives with and be12 tween local educational agencies and schools;

13 ‘‘(B) the preparation or purchase of mate14 rials, and teacher training;

15 ‘‘(C) grants to local educational agencies or

16 schools; and

17 ‘‘(D) technical assistance and evaluation.

18 ‘‘(f) SELECTION OF GRANTEES.—

19 ‘‘(1) CRITERIA.—The Secretary shall select,

20 through peer review, eligible entities to receive grants

21 under this section on the basis of the quality of the

22 applications submitted under subsection (b), taking

23 into consideration such factors as—

24 ‘‘(A) the quality of the activities proposed to

25 be conducted;
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1 ‘‘(B) the extent to which the program fosters

2 in students the elements of character described in

3 subsection (d) and the potential for improved

4 student performance;

5 ‘‘(C) the extent and ongoing nature of pa6 rental, student, and community involvement;

7 ‘‘(D) the quality of the plan for measuring

8 and assessing success; and

9 ‘‘(E) the likelihood that the goals of the pro10 gram will be realistically achieved.

11 ‘‘(2) DIVERSITY OF PROJECTS.—The Secretary

12 shall approve applications under this section in a

13 manner that ensures, to the extent practicable, that

14 programs assisted under this section—

15 ‘‘(A) serve different areas of the Nation, in16 cluding urban, suburban, and rural areas; and

17 ‘‘(B) serve schools that serve minorities, Na18 tive Americans, students of limited-English pro19 ficiency, disadvantaged students, and students

20 with disabilities.

21 ‘‘(g) PARTICIPATION BY PRIVATE SCHOOL CHILDREN

22 AND TEACHERS.—Grantees under this section shall provide,

23 to the extent feasible and appropriate, for the participation

24 of students and teachers in private elementary and sec-
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1 ondary schools in programs and activities under this sec2 tion.

3 ‘‘SEC. 5703. PROMOTING SCHOLAR-ATHLETE COMPETI4 TIONS.

5 ‘‘(a) IN GENERAL.—The Secretary is authorized to

6 award a grant to a nonprofit organization to reimburse

7 such organization for the costs of conducting scholar-athlete

8 games.

9 ‘‘(b) PRIORITY.—In awarding the grant under sub10 section (a), the Secretary shall give priority to a nonprofit

11 organization that—

12 ‘‘(1) is described in section 501(c)(3) of, and ex13 empt from taxation under section 501(a) of, the Inter14 nal Revenue Code of 1986, and is affiliated with a

15 university capable of hosting a large educational, cul16 tural, and athletic event that will serve as a national

17 model;

18 ‘‘(2) has the capability and experience in admin19 istering federally funded scholar-athlete games;

20 ‘‘(3) has the ability to provide matching funds,

21 on a dollar-for-dollar basis, from foundations and the

22 private sector for the purpose of conducting a scholar23 athlete program;
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1 ‘‘(4) has the organizational structure and capa2 bility to administer a model scholar-athlete program;

3 and

4 ‘‘(5) has the organizational structure and exper5 tise to replicate the scholar-athlete program in var6 ious venues throughout the United States internation7 ally.

8 ‘‘SEC. 5704. ELEMENTARY SCHOOL COUNSELING DEM9 ONSTRATION.

10 ‘‘(a) COUNSELING DEMONSTRATION.—

11 ‘‘(1) IN GENERAL.—The Secretary may award

12 grants under this section to establish or expand ele13 mentary school counseling programs.

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

15 section, the Secretary shall give special consideration

16 to applications describing programs that—

17 ‘‘(A) demonstrate the greatest need for new

18 or additional counseling services among the chil19 dren in the elementary schools served by the ap20 plicant;

21 ‘‘(B) propose the most promising and inno22 vative approaches for initiating or expanding el23 ementary school counseling; and

24 ‘‘(C) show the greatest potential for replica25 tion and dissemination.
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1 ‘‘(3) EQUITABLE DISTRIBUTION.—In awarding

2 grants under this section, the Secretary shall ensure

3 an equitable geographic distribution among the re4 gions of the United States and among urban, subur5 ban, and rural areas.

6 ‘‘(4) DURATION.—A grant under this section

7 shall be awarded for a period not to exceed 3 years.

8 ‘‘(5) MAXIMUM GRANT.—A grant under this sec9 tion shall not exceed $400,000 for any fiscal year.

10 ‘‘(b) APPLICATIONS.—

11 ‘‘(1) IN GENERAL.—Each local educational agen12 cy desiring a grant under this section shall submit an

13 application to the Secretary at such time, in such

14 manner, and accompanied by such information as the

15 Secretary may reasonably require.

16 ‘‘(2) CONTENTS.—Each application for a grant

17 under this section shall—

18 ‘‘(A) describe the elementary school popu19 lation to be targeted by the program, the par20 ticular personal, social, emotional, educational,

21 and career development needs of such population,

22 and the current school counseling resources avail23 able for meeting such needs;

24 ‘‘(B) describe the activities, services, and

25 training to be provided by the program and the
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1 specific approaches to be used to meet the needs

2 described in subparagraph (A);

3 ‘‘(C) describe the methods to be used to

4 evaluate the outcomes and effectiveness of the

5 program;

6 ‘‘(D) describe the collaborative efforts to be

7 undertaken with institutions of higher education,

8 businesses, labor organizations, community

9 groups, social service agencies, and other public

10 or private entities to enhance the program and

11 promote school-linked services integration;

12 ‘‘(E) describe collaborative efforts with in13 stitutions of higher education which specifically

14 seek to enhance or improve graduate programs

15 specializing in the preparation of elementary

16 school counselors, school psychologists, and school

17 social workers;

18 ‘‘(F) document that the applicant has the

19 personnel qualified to develop, implement, and

20 administer the program;

21 ‘‘(G) describe how any diverse cultural pop22 ulations, if applicable, would be served through

23 the program;

24 ‘‘(H) assure that the funds made available

25 under this section for any fiscal year will be
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1 used to supplement and, to the extent prac2 ticable, increase the level of funds that would oth3 erwise be available from non-Federal sources for

4 the program described in the application, and in

5 no case supplant such funds from non-Federal

6 sources; and

7 ‘‘(I) assure that the applicant will appoint

8 an advisory board composed of parents, school

9 counselors, school psychologists, school social

10 workers, other pupil services personnel, teachers,

11 school administrators, and community leaders to

12 advise the local educational agency on the design

13 and implementation of the program.

14 ‘‘(c) USE OF FUNDS.—

15 ‘‘(1) IN GENERAL.—Grant funds under this sec16 tion shall be used to initiate or expand elementary

17 school counseling programs that comply with the re18 quirements in paragraph (2).

19 ‘‘(2) PROGRAM REQUIREMENTS.—Each program

20 assisted under this section shall—

21 ‘‘(A) be comprehensive in addressing the

22 personal, social, emotional, and educational

23 needs of all students;

24 ‘‘(B) use a developmental, preventive ap25 proach to counseling;
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1 ‘‘(C) increase the range, availability, quan2 tity, and quality of counseling services in the ele3 mentary schools of the local educational agency;

4 ‘‘(D) expand counseling services only

5 through qualified school counselors, school psy6 chologists, and school social workers;

7 ‘‘(E) use innovative approaches to increase

8 children’s understanding of peer and family re9 lationships, work and self, decisionmaking, aca10 demic and career planning, or to improve social

11 functioning;

12 ‘‘(F) provide counseling services that are

13 well-balanced among classroom group and small

14 group counseling, individual counseling, and

15 consultation with parents, teachers, administra16 tors, and other pupil services personnel;

17 ‘‘(G) include inservice training for school

18 counselors, school social workers, school psycholo19 gists, other pupil services personnel, teachers,

20 and instructional staff;

21 ‘‘(H) involve parents of participating stu22 dents in the design, implementation, and evalua23 tion of a counseling program;

24 ‘‘(I) involve collaborative efforts with insti25 tutions of higher education, businesses, labor or-
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1 ganizations, community groups, social service

2 agencies, or other public or private entities to en3 hance the program and promote school-linked

4 services integration; and

5 ‘‘(J) evaluate annually the effectiveness and

6 outcomes of the counseling services and activities

7 assisted under this section.

8 ‘‘(3) REPORT.—The Secretary shall issue a re9 port evaluating the programs assisted pursuant to

10 each grant under this subsection at the end of each

11 grant period in accordance with section 10201.

12 ‘‘(4) DISSEMINATION.—The Secretary shall make

13 the programs assisted under this section available for

14 dissemination, either through the National Diffusion

15 Network or other appropriate means.

16 ‘‘(5) LIMIT ON ADMINISTRATION.—Not more than

17 five percent of the amounts made available under this

18 section in any fiscal year shall be used for adminis19 trative costs to carry out this section.

20 ‘‘(d) DEFINITIONS.—For purposes of this section:

21 ‘‘(1) SCHOOL COUNSELOR.—The term ‘school

22 counselor’ means an individual who has documented

23 competence in counseling children and adolescents in

24 a school setting and who—
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1 ‘‘(A) possesses State licensure or certifi2 cation granted by an independent professional

3 regulatory authority;

4 ‘‘(B) in the absence of such State licensure

5 or certification, possesses national certification

6 in school counseling or a specialty of counseling

7 granted by an independent professional organi8 zation; or

9 ‘‘(C) holds a minimum of a master’s degree

10 in school counseling from a program accredited

11 by the Council for Accreditation of Counseling

12 and Related Educational Programs or the equiv13 alent.

14 ‘‘(2) SCHOOL PSYCHOLOGIST.—The term ‘school

15 psychologist’ means an individual who—

16 ‘‘(A) possesses a minimum of 60 graduate

17 semester hours in school psychology from an in18 stitution of higher education and has completed

19 1,200 clock hours in a supervised school psy20 chology internship, of which 600 hours shall be

21 in the school setting;

22 ‘‘(B) possesses State licensure or certifi23 cation in school psychology in the State in which

24 the individual works; or
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1 ‘‘(C) in the absence of such State licensure

2 or certification, possesses national certification

3 by the National School Psychology Certification

4 Board.

5 ‘‘(3) SCHOOL SOCIAL WORKER.—The term ‘school

6 social worker’ means an individual who—

7 ‘‘(A)(i) holds a master’s degree in social

8 work from a program accredited by the Council

9 on Social Work Education; and

10 ‘‘(ii) is licensed or certified by the State in

11 which services are provided; or

12 ‘‘(B) in the absence of such State licensure

13 or certification, possesses national certification

14 as a school social work specialist granted by an

15 independent professional organization.

16 ‘‘(4) SUPERVISOR.—The term ‘supervisor’ means

17 an individual who has the equivalent number of years

18 of professional experience in such individual’s respec19 tive discipline as is required of teaching experience

20 for the supervisor or administrative credential in the

21 State of such individual.

22 ‘‘SEC. 5705. SMALLER LEARNING COMMUNITIES.

23 ‘‘(a) PROGRAM AUTHORIZED.—
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1 ‘‘(1) IN GENERAL.—The Secretary may award

2 grants to eligible entities to support the development

3 of smaller learning communities.

4 ‘‘(2) ELIGIBLE ENTITIES.—In this section, the

5 term ‘eligible entity’ means—

6 ‘‘(A) a local educational agency;

7 ‘‘(B) an elementary or secondary school;

8 ‘‘(C) a Bureau funded school; or

9 ‘‘(D) any of the entities described in sub10 paragraph (A), (B), or (C) in partnership with

11 other public agencies or private nonprofit orga12 nizations.

13 ‘‘(b) APPLICATIONS.—A eligible entity desiring a grant

14 under this section shall submit an application to the Sec15 retary at such time, in such manner, and accompanied by

16 such information as the Secretary may require. Each such

17 application shall describe—

18 ‘‘(1) strategies and methods the applicant will

19 use to create the smaller learning community;

20 ‘‘(2) curriculum and instructional practices, in21 cluding any particular themes or emphases, to be used

22 in the learning environment;

23 ‘‘(3) the extent of involvement of teachers and

24 other school personnel in investigating, designing, im-
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1 plementing and sustaining the smaller learning com2 munity;

3 ‘‘(4) the process to be used for involving students,

4 parents and other stakeholders in the development

5 and implementation of the smaller learning commu6 nity;

7 ‘‘(5) any cooperation or collaboration among

8 community agencies, organizations, businesses, and

9 others to develop or implement a plan to create the

10 smaller learning community;

11 ‘‘(6) the training and professional development

12 activities that will be offered to teachers and others

13 involved in the activities assisted under this section;

14 ‘‘(7) the goals and objectives of the activities as15 sisted under this section, including a description of

16 how such activities will better enable all students to

17 reach challenging State content standards and State

18 student performance standards;

19 ‘‘(8) the methods by which the applicant will as20 sess progress in meeting such goals and objectives;

21 ‘‘(9) if the smaller learning community exists as

22 a school-within-a-school, the relationship, including

23 governance and administration, of the smaller learn24 ing community to the rest of the school;
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1 ‘‘(10) a description of the administrative and

2 managerial relationship between the applicant and

3 the smaller learning community, including how such

4 applicant will demonstrate a commitment to the con5 tinuity of the smaller learning community, including

6 the continuity of student and teacher assignment to a

7 particular learning community;

8 ‘‘(11) how the applicant will coordinate or use

9 funds provided under this section with other funds

10 provided under this Act or other Federal laws;

11 ‘‘(12) grade levels or ages of students who will

12 participate in the smaller learning community; and

13 ‘‘(13) the method of placing students in the

14 smaller learning community, such that students are

15 not placed according to ability, performance or any

16 other measure, so that students are placed at random

17 or by their own choice, not pursuant to testing or

18 other judgments.

19 ‘‘(c) AUTHORIZED ACTIVITIES.—Funds under this sec20 tion may be used—

21 ‘‘(1) to study the feasibility of creating the small22 er learning community as well as effective and inno23 vative organizational and instructional strategies that

24 will be used in the smaller learning community;
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1 ‘‘(2) to research, develop and implement strate2 gies for creating the smaller learning community, as

3 well as effective and innovative changes in cur4 riculum and instruction, geared to high State content

5 standards and State student performance standards;

6 ‘‘(3) to provide professional development for

7 school staff in innovative teaching methods that chal8 lenge and engage students and will be used in the

9 smaller learning community; and

10 ‘‘(4) to develop and implement strategies to in11 clude parents, business representatives, local institu12 tions of higher education, community-based organiza13 tions, and other community members in the smaller

14 learning communities, as facilitators of activities that

15 enable teachers to participate in professional develop16 ment activities, as well as to provide links between

17 students and their community.

18 ‘‘(d) EVALUATION AND REPORT.—A recipient of a

19 grant under this section shall provide the Secretary with

20 an annual report that contains a description of—

21 ‘‘(1) the specific uses of grants funds received

22 under this section; and

23 ‘‘(2) evidence of the impact of the grant on stu24 dent performance and school safety.
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1 ‘‘SEC. 5706. NATIONAL STUDENT AND PARENT MOCK ELEC2 TION.

3 ‘‘(a) IN GENERAL.—The Secretary is authorized to

4 award grants to national nonprofit, nonpartisan organiza5 tions that work to promote voter participation in American

6 elections to enable such organizations to carry out voter

7 education activities for students and their parents. Such ac8 tivities shall—

9 ‘‘(1) be limited to simulated national elections

10 that permit participation by students and parents

11 from all 50 States in the United States and terri12 tories, including Department of Defense Dependent

13 schools and other international locales where United

14 States citizens are based; and

15 ‘‘(2) consist of—

16 ‘‘(A) school forums and local cable call-in

17 shows on the national issues to be voted upon in

18 an ‘‘issue forum’’;

19 ‘‘(B) speeches and debates before students

20 and parents by local candidates or stand-ins for

21 such candidates;

22 ‘‘(C) quiz team competitions, mock press

23 conferences and speechwriting competitions;

24 ‘‘(D) weekly meetings to follow the course of

25 the campaign; or
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1 ‘‘(E) school and neighborhood campaigns to

2 increase voter turnout, including newsletters,

3 posters, telephone chains, and transportation.

4 ‘‘(b) REQUIREMENTS.—Each organization receiving a

5 grant under this section shall—

6 ‘‘(1) present awards to outstanding student and

7 parent mock election projects; and

8 ‘‘(2) record all votes at least 5 days prior to the

9 date of the general election.

10 ‘‘PART H—ALLEN J. ELLENDER FELLOWSHIP

11 PROGRAM

12 ‘‘SEC. 5801. PURPOSE.

13 ‘‘It is the purpose of this part to provide fellowships

14 to students of limited economic means, recent immigrants,

15 students of migrant parents, the teachers who work with

16 such students, and older Americans, so that such students,

17 teachers, and older Americans may participate in the pro18 grams supported by the Close Up Foundation in the name

19 of Allen J. Ellender, a Senator from Louisiana and the

20 President pro tempore of the Senate, whose distinguished

21 career in public service was characterized by extraordinary

22 energy and real concern for young people.
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1 ‘‘Subpart 1—Program for Middle and Secondary

2 School Students

3 ‘‘SEC. 5811. ESTABLISHMENT.

4 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author5 ized to make grants in accordance with the provisions of

6 this subpart to the Close Up Foundation of Washington,

7 District of Columbia, a nonpartisan, nonprofit foundation,

8 for the purpose of assisting the Close Up Foundation in

9 carrying out its programs of increasing understanding of

10 the Federal Government among middle and secondary

11 school students.

12 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

13 be used only to provide financial assistance to economically

14 disadvantaged students who participate in the programs de15 scribed in subsection (a). Financial assistance received pur16 suant to this subpart by such students shall be known as

17 Allen J. Ellender fellowships.

18 ‘‘SEC. 5812. APPLICATIONS.

19 ‘‘(a) APPLICATION REQUIRED.—No grant under this

20 subpart may be made except upon an application at such

21 time, in such manner, and accompanied by such informa22 tion as the Secretary may reasonably require.

23 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica24 tion shall contain provisions to assure—
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1 ‘‘(1) that fellowship grants are made to economi2 cally disadvantaged middle and secondary school stu3 dents;

4 ‘‘(2) that every effort will be made to ensure the

5 participation of students from rural and small town

6 areas, as well as from urban areas, and that in

7 awarding fellowships to economically disadvantaged

8 students, special consideration will be given to the

9 participation of students with special educational

10 needs, including student with disabilities, ethnic mi11 nority students, and gifted and talented students; and

12 ‘‘(3) the proper disbursement of the funds re13 ceived under this subpart.

14 ‘‘Subpart 2—Program for Middle and Secondary

15 School Teachers

16 ‘‘SEC. 5821. ESTABLISHMENT.

17 ‘‘(a) GENERAL AUTHORITY.—The Secretary is author18 ized to make grants in accordance with the provisions of

19 this subpart to the Close Up Foundation of Washington,

20 District of Columbia, a nonpartisan, nonprofit foundation,

21 for the purpose of assisting the Close Up Foundation in

22 carrying out its programs of teaching skills enhancement

23 for middle and secondary school teachers.

24 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

25 be used only for financial assistance to teachers who par-
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1 ticipate in the programs described in subsection (a). Finan2 cial assistance received pursuant to this subpart by such

3 individuals shall be known as Allen J. Ellender fellowships.

4 ‘‘SEC. 5822. APPLICATIONS.

5 ‘‘(a) APPLICATION REQUIRED.—No grant under this

6 subpart may be made except upon an application at such

7 time, in such manner, and accompanied by such informa8 tion as the Secretary may reasonably require.

9 ‘‘(b) CONTENTS OF APPLICATION.—Each such applica10 tion shall contain provisions to assure—

11 ‘‘(1) that fellowship grants are made only to

12 teachers who have worked with at least one student

13 from such teacher’s school who participates in the

14 programs described in section 5811(a);

15 ‘‘(2) that not more than one teacher in each

16 school participating in the programs described in sec17 tion 5811(a) may receive a fellowship in any fiscal

18 year; and

19 ‘‘(3) the proper disbursement of the funds re20 ceived under this subpart.

21 ‘‘Subpart 3—Programs for Recent Immigrants,

22 Students of Migrant Parents and Older Americans

23 ‘‘SEC. 5831. ESTABLISHMENT.

24 ‘‘(a) GENERAL AUTHORITY.—
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1 ‘‘(1) IN GENERAL.—The Secretary is authorized

2 to make grants in accordance with the provisions of

3 this subpart to the Close Up Foundation of Wash4 ington, District of Columbia, a nonpartisan, non5 profit foundation, for the purpose of assisting the

6 Close Up Foundation in carrying out its programs of

7 increasing understanding of the Federal Government

8 among economically disadvantaged older Americans,

9 recent immigrants and students of migrant parents.

10 ‘‘(2) DEFINITION.—For the purpose of this sub11 part, the term ‘older American’ means an individual

12 who has attained 55 years of age.

13 ‘‘(b) USE OF FUNDS.—Grants under this subpart shall

14 be used for financial assistance to economically disadvan15 taged older Americans, recent immigrants and students of

16 migrant parents who participate in the programs described

17 in subsection (a). Financial assistance received pursuant

18 to this subpart by such individuals shall be known as Allen

19 J. Ellender fellowships.

20 ‘‘SEC. 5832. APPLICATIONS.

21 ‘‘(a) APPLICATION REQUIRED.—No grant under this

22 subpart may be made except upon application at such time,

23 in such manner, and accompanied by such information as

24 the Secretary may reasonably require.
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1 ‘‘(b) CONTENTS OF APPLICATION.—Except such appli2 cation shall contain provisions to assure—

3 ‘‘(1) that fellowship grants are made to economi4 cally disadvantaged older Americans, recent immi5 grants and students of migrant parents;

6 ‘‘(2) that every effort will be made to ensure the

7 participation of older Americans, recent immigrants

8 and students of migrant parents from rural and

9 small town areas, as well as from urban areas, and

10 that in awarding fellowships, special consideration

11 will be given to the participation of older Americans,

12 recent immigrants and students of migrant parents

13 with special needs, including individuals with dis14 abilities, ethnic minorities, and gifted and talented

15 students;

16 ‘‘(3) that activities permitted by subsection (a)

17 are fully described; and

18 ‘‘(4) the proper disbursement of the funds re19 ceived under this subpart.

20 ‘‘Subpart 4—General Provisions

21 ‘‘SEC. 5841. ADMINISTRATIVE PROVISIONS.

22 ‘‘(a) GENERAL RULE.—Payments under this part may

23 be made in installments, in advance, or by way of reim24 bursement, with necessary adjustments on account of under25 payment or overpayment.
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1 ‘‘(b) AUDIT RULE.—The Comptroller General of the

2 United States or any of the Comptroller General’s duly au3 thorized representatives shall have access for the purpose of

4 audit and examination to any books, documents, papers,

5 and records that are pertinent to any grant under this part.

6 ‘‘SEC. 5842. AUTHORIZATION OF APPROPRIATIONS.

7 ‘‘(a) IN GENERAL.—There are authorized to be appro8 priated to carry out subparts 1, 2, and 3, $1,500,000 for

9 fiscal year 2001 and such sums as may be necessary of each

10 of the 4 succeeding fiscal years.

11 (b) SPECIAL RULE.—Of the funds appropriated pursu12 ant to subsection (a), not more than 30 percent may be used

13 for teachers associated with students participating in the

14 programs described in section 5811(a).

15 ‘‘PART I—READY-TO-LEARN TELEVISION

16 ‘‘SEC. 5901. READY-TO-LEARN.

17 ‘‘(a) IN GENERAL.—The Secretary is authorized to

18 award grants to, or enter into contracts or cooperative

19 agreements with, eligible entities described in section

20 5902(b) to develop, produce, and distribute educational and

21 instructional video programming for preschool and elemen22 tary school children and their parents in order to facilitate

23 the achievement of America’s Education Goals.

24 ‘‘(b) AVAILABILITY.—In making such grants, con25 tracts, or cooperative agreements under subsection (a), the
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1 Secretary shall ensure that eligible entities make program2 ming widely available, with support materials as appro3 priate, to young children, their parents, childcare workers,

4 and Head Start providers to increase the effective use of

5 such programming.

6 ‘‘SEC. 5902. EDUCATIONAL PROGRAMMING.

7 ‘‘(a) AWARDS.—The Secretary shall award grants,

8 contracts, or cooperative agreements under section 5901 to

9 eligible entities to—

10 ‘‘(1) facilitate the development directly, or

11 through contracts with producers of children and fam12 ily educational television programming, of—

13 ‘‘(A) educational programming for preschool

14 and elementary school children; and

15 ‘‘(B) accompanying support materials and

16 services that promote the effective use of such

17 programming;

18 ‘‘(2) facilitate the development of programming

19 and digital content especially designed for nationwide

20 distribution over public television stations’ digital

21 broadcasting channels and the Internet, containing

22 Ready to Learn-based children’s programming and

23 resources for parents and caregivers; and

24 ‘‘(3) enable eligible entities to contract with enti25 ties (such as public telecommunications entities and
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1 those funded under the Star Schools Act) so that pro2 grams developed under this section are disseminated

3 and distributed—

4 ‘‘(A) to the widest possible audience appro5 priate to be served by the programming; and

6 ‘‘(B) by the most appropriate distribution

7 technologies.

8 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive a

9 grant, contract, or cooperative agreement under subsection

10 (a), an entity shall be—

11 ‘‘(1) a public telecommunications entity that is

12 able to demonstrate a capacity for the development

13 and national distribution of educational and instruc14 tional television programming of high quality for pre15 school and elementary school children; and

16 ‘‘(2) able to demonstrate a capacity to contract

17 with the producers of children’s television program18 ming for the purpose of developing educational tele19 vision programming of high quality for preschool and

20 elementary school children.

21 ‘‘(c) CULTURAL EXPERIENCES.—Programming devel22 oped under this section shall reflect the recognition of di23 verse cultural experiences and the needs and experiences of

24 both boys and girls in engaging and preparing young chil25 dren for schooling.
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1 ‘‘SEC. 5903. DUTIES OF SECRETARY.

2 ‘‘In carrying out this part, the Secretary may—

3 ‘‘(1) award grants, contracts, or cooperative

4 agreements to eligible entities described in section

5 5902(b), local public television stations, or such pub6 lic television stations that are part of a consortium

7 with 1 or more State educational agencies, local edu8 cational agencies, local schools, institutions of higher

9 education, or community-based organizations of dem10 onstrated effectiveness, for the purpose of—

11 ‘‘(A) addressing the learning needs of young

12 children in limited English proficient house13 holds, and developing appropriate educational

14 and instructional television programming to fos15 ter the school readiness of such children;

16 ‘‘(B) developing programming and support

17 materials to increase family literacy skills

18 among parents to assist parents in teaching their

19 children and utilizing educational television pro20 gramming to promote school readiness; and

21 ‘‘(C) identifying, supporting, and enhanc22 ing the effective use and outreach of innovative

23 programs that promote school readiness; and

24 ‘‘(D) developing and disseminating training

25 materials, including—
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1 ‘‘(i) interactive programs and pro2 grams adaptable to distance learning tech3 nologies that are designed to enhance knowl4 edge of children’s social and cognitive skill

5 development and positive adult-child inter6 actions; and

7 ‘‘(ii) support materials to promote the

8 effective use of materials developed under

9 subparagraph (B) among parents, Head

10 Start providers, in-home and center-based

11 daycare providers, early childhood develop12 ment personnel, elementary school teachers,

13 public libraries, and after- school program

14 personnel caring for preschool and elemen15 tary school children;

16 ‘‘(2) establish within the Department a clearing17 house to compile and provide information, referrals,

18 and model program materials and programming ob19 tained or developed under this part to parents, child

20 care providers, and other appropriate individuals or

21 entities to assist such individuals and entities in ac22 cessing programs and projects under this part; and

23 ‘‘(3) coordinate activities assisted under this

24 part with the Secretary of Health and Human Serv25 ices in order to—
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1 ‘‘(A) maximize the utilization of quality

2 educational programming by preschool and ele3 mentary school children, and make such pro4 gramming widely available to federally funded

5 programs serving such populations; and

6 ‘‘(B) provide information to recipients of

7 funds under Federal programs that have major

8 training components for early childhood develop9 ment, including programs under the Head Start

10 Act and Even Start, and State training activi11 ties funded under the Child Care and Develop12 ment Block Grant Act of 1990, regarding the

13 availability and utilization of materials devel14 oped under paragraph (1)(D) to enhance parent

15 and child care provider skills in early childhood

16 development and education.

17 ‘‘SEC. 5904. APPLICATIONS.

18 ‘‘Each entity desiring a grant, contract, or cooperative

19 agreement under section 5901 or 5903 shall submit an ap20 plication to the Secretary at such time, in such manner,

21 and accompanied by such information as the Secretary

22 may reasonably require.

23 ‘‘SEC. 5905. REPORTS AND EVALUATION.

24 ‘‘(a) ANNUAL REPORT TO THE SECRETARY.—An eligi25 ble entity receiving funds under a grant, contract or cooper-
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1 ative agreement under section 5901 shall prepare and sub2 mit to the Secretary an annual report that contains such

3 information as the Secretary may require. At a minimum,

4 the report shall describe the program activities undertaken

5 with funds received under such grant, contract or coopera6 tive agreement, including—

7 ‘‘(1) the programming that has been developed

8 directly or indirectly by the eligible entity, and the

9 target population of the programs developed;

10 ‘‘(2) the support materials that have been devel11 oped to accompany the programming, and the method

12 by which such materials are distributed to consumers

13 and users of the programming;

14 ‘‘(3) the means by which programming developed

15 under this section has been distributed, including the

16 distance learning technologies that have been utilized

17 to make programming available and the geographic

18 distribution achieved through such technologies; and

19 ‘‘(4) the initiatives undertaken by the eligible en20 tity to develop public-private partnerships to secure

21 non-Federal support for the development, distribution

22 and broadcast of educational and instructional pro23 gramming.
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1 ‘‘(b) REPORT TO CONGRESS.—The Secretary shall pre2 pare and submit to the relevant committees of Congress a

3 biannual report that shall include—

4 ‘‘(1) a summary of activities assisted under sec5 tion 5902(a); and

6 ‘‘(2) a description of the training materials

7 made available under section 5903(1)(D), the manner

8 in which outreach has been conducted to inform par9 ents and childcare providers of the availability of

10 such materials, and the manner in which such mate11 rials have been distributed in accordance with such

12 section.

13 ‘‘SEC. 5906. ADMINISTRATIVE COSTS.

14 ‘‘With respect to the implementation of section 5902,

15 eligible entities receiving a grant, contract, or cooperative

16 agreement from the Secretary may use not more than 5 per17 cent of the amounts received under such grant, contract, or

18 cooperative agreement for the normal and customary ex19 penses of administering the grant, contract, or cooperative

20 agreement.

21 ‘‘SEC. 5907. DEFINITION.

22 ‘‘For the purposes of this part, the term ’distance

23 learning’ means the transmission of educational or instruc24 tional programming to geographically dispersed individ25 uals and groups via telecommunications.
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1 ‘‘SEC. 5908. AUTHORIZATION OF APPROPRIATIONS.

2 ‘‘(a) IN GENERAL.—There are authorized to be appro3 priated to carry out this part, $50,000,000 for fiscal year

4 2001, and such sums as may be necessary for each of the

5 4 succeeding fiscal years.

6 ‘‘(b) FUNDING RULE.—Not less than 60 percent of the

7 amounts appropriated under subsection (a) for each fiscal

8 year shall be used to carry out section 5902.

9 ‘‘PART J—INEXPENSIVE BOOK DISTRIBUTION

10 PROGRAM

11 ‘‘SEC. 5951. INEXPENSIVE BOOK DISTRIBUTION PROGRAM

12 FOR READING MOTIVATION.

13 ‘‘(a) AUTHORIZATION.—The Secretary is authorized to

14 enter into a contract with Reading is Fundamental (RIF)

15 (hereafter in this section referred to as ‘the contractor’) to

16 support and promote programs, which include the distribu17 tion of inexpensive books to students, that motivate children

18 to read.

19 ‘‘(b) REQUIREMENTS OF CONTRACT.—Any contract

20 entered into under subsection (a) shall—

21 ‘‘(1) provide that the contractor will enter into

22 subcontracts with local private nonprofit groups or

23 organizations, or with public agencies, under which

24 each subcontractor will agree to establish, operate,

25 and provide the non-Federal share of the cost of read26 ing motivation programs that include the distribution
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1 of books, by gift, to the extent feasible, or loan, to chil2 dren from birth through secondary school age, includ3 ing those in family literacy programs;

4 ‘‘(2) provide that funds made available to sub5 contractors will be used only to pay the Federal share

6 of the cost of such programs;

7 ‘‘(3) provide that in selecting subcontractors for

8 initial funding, the contractor will give priority to

9 programs that will serve a substantial number or per10 centage of children with special needs, such as—

11 ‘‘(A) low-income children, particularly in

12 high-poverty areas;

13 ‘‘(B) children at risk of school failure;

14 ‘‘(C) children with disabilities;

15 ‘‘(D) foster children;

16 ‘‘(E) homeless children;

17 ‘‘(F) migrant children;

18 ‘‘(G) children without access to libraries;

19 ‘‘(H) institutionalized or incarcerated chil20 dren; and

21 ‘‘(I) children whose parents are institu22 tionalized or incarcerated;

23 ‘‘(4) provide that the contractor will provide

24 such technical assistance to subcontractors as may be

25 necessary to carry out the purpose of this section;
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1 ‘‘(5) provide that the contractor will annually

2 report to the Secretary the number of, and describe,

3 programs funded under paragraph (3); and

4 ‘‘(6) include such other terms and conditions as

5 the Secretary determines to be appropriate to ensure

6 the effectiveness of such programs.

7 ‘‘(c) RESTRICTION ON PAYMENTS.—The Secretary

8 shall make no payment of the Federal share of the cost of

9 acquiring and distributing books under any contract under

10 this section unless the Secretary determines that the con11 tractor or subcontractor, as the case may be, has made ar12 rangements with book publishers or distributors to obtain

13 books at discounts at least as favorable as discounts that

14 are customarily given by such publisher or distributor for

15 book purchases made under similar circumstances in the

16 absence of Federal assistance.

17 ‘‘(d) DEFINITION OF ‘FEDERAL SHARE’.—For the pur18 pose of this section, the term ‘Federal share’ means, with

19 respect to the cost to a subcontractor of purchasing books

20 to be paid under this section, 75 percent of such costs to

21 the subcontractor, except that the Federal share for pro22 grams serving children of migrant or seasonal farmworkers

23 shall be 100 percent of such costs to the subcontractor.

24 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—For the

25 purpose of carrying out this section, there are authorized
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1 to be appropriated $25,000,000 for fiscal year 2001 and

2 such sums as may be necessary for each of the four suc3 ceeding fiscal years.’’.

4 PART F—TECHNICAL AND CONFORMING

5 AMENDMENTS

6 SEC. 561. TECHNICAL AND CONFORMING AMENDMENTS.

7 (a) GENERAL EDUCATION PROVISIONS ACT.—Section

8 441(a) of the General Education Provisions Act (20 U.S.C.

9 1232d(a)) is amended by striking ‘‘shall submit (subject’’

10 and all that follows through ‘‘to the Secretary’’ and insert11 ing ‘‘shall submit to the Secretary’’.

12 (b) SCHOOL-TO-WORK OPPORTUNITIES ACT OF

13 1994.—Section 502(b)(3) of the School-to-Work Opportuni14 ties Act of 1994 (20 U.S.C. 6212(b)(3)) is amended by strik15 ing ‘‘part A of title V’’ and inserting ‘‘part C of title V’’.

16 (c) TITLE 31, UNITED STATES CODE.—Section 6703

17 of title 31, United States Code is amended by striking para18 graph (1).

19 TITLE VI—INNOVATIVE

20 EDUCATION

21 SEC. 601. INNOVATIVE EDUCATION.

22 Title VI (20 U.S.C. 7301 et seq.) is amended to read

23 as follows:
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1 ‘‘TITLE VI—INNOVATIVE

2 EDUCATION

3 ‘‘PART A—INNOVATIVE EDUCATION PROGRAM

4 STRATEGIES

5 ‘‘SEC. 6101. PURPOSE; STATE AND LOCAL RESPONSIBILITY.

6 ‘‘(a) PURPOSE.—The purpose of this part is—

7 ‘‘(1) to support local education reform efforts

8 that are consistent with and support statewide edu9 cation reform efforts;

10 ‘‘(2) to support State and local efforts to accom11 plish America’s Education Goals;

12 ‘‘(3) to provide funding to enable State and local

13 educational agencies to implement promising edu14 cational reform strategies;

15 ‘‘(4) to provide a continuing source of innova16 tion and educational improvement, including support

17 for library services and instructional and media ma18 terials; and

19 ‘‘(5) to develop and implement education pro20 grams to improve school, student, and teacher per21 formance, including professional development activi22 ties and class size reduction programs.

23 ‘‘(b) STATE AND LOCAL RESPONSIBILITY.—The basic

24 responsibility for the administration of funds made avail25 able under this part is within the State educational agen-
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1 cies, but it is the intent of Congress that the responsibility

2 be carried out with a minimum of paperwork and that the

3 responsibility for the design and implementation of pro4 grams assisted under this part will be mainly that of local

5 educational agencies, school superintendents and prin6 cipals, and classroom teachers and supporting personnel,

7 because such agencies and individuals have the most direct

8 contact with students and are most likely to be able to de9 sign programs to meet the educational needs of students in

10 their own school districts.

11 ‘‘SEC. 6102. AUTHORIZATION OF APPROPRIATIONS; DURA12 TION OF ASSISTANCE.

13 ‘‘(a) AUTHORIZATION.—To carry out the purposes of

14 this part, there are authorized to be appropriated

15 $850,000,000 for fiscal year 2001 and such sums as may

16 be necessary for each of the four succeeding fiscal years.

17 ‘‘(b) DURATION OF ASSISTANCE.—During the period

18 beginning October 1, 2001, and ending September 30, 2006,

19 the Secretary shall, in accordance with the provisions of

20 this part, make payments to State educational agencies for

21 the purpose of this part.

22 ‘‘SEC. 6103. DEFINITION OF EFFECTIVE SCHOOLS PROGRAM.

23 ‘‘In this part the term ‘effective schools program’

24 means a school-based program that—
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1 ‘‘(1) may encompass preschool through secondary

2 school levels; and

3 ‘‘(2) has the objectives of—

4 ‘‘(A) promoting school-level planning, in5 structional improvement, and staff development

6 for all personnel;

7 ‘‘(B) increasing the academic performance

8 levels of all children and particularly education9 ally disadvantaged children; and

10 ‘‘(C) achieving as an ongoing condition in

11 the school the following factors identified through

12 effective schools research:

13 ‘‘(i) Strong and effective administra14 tive and instructional leadership.

15 ‘‘(ii) A safe and orderly school environ16 ment that enables teachers and students to

17 focus on academic performance.

18 ‘‘(iii) Continuous assessment of stu19 dents and initiatives to evaluate instruc20 tional techniques.

21 ‘‘Subpart 1—State and Local Programs

22 ‘‘SEC. 6111. ALLOTMENT TO STATES.

23 ‘‘(a) RESERVATIONS.—From the sums appropriated to

24 carry out this part in any fiscal year, the Secretary shall

25 reserve not more than one percent for payments to outlying
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1 areas to be allotted in accordance with their respective

2 needs.

3 ‘‘(b) ALLOTMENT.—From the remainder of such sums,

4 the Secretary shall allot to each State an amount which

5 bears the same ratio to the amount of such remainder as

6 the school-age population of the State bears to the school7 age population of all States, except that no State shall re8 ceive less than an amount equal to one-half of one percent

9 of such remainder.

10 ‘‘(c) DEFINITIONS.—In this subpart:

11 ‘‘(1) SCHOOL-AGE POPULATION.—The term

12 ‘school-age population’ means the population aged 5

13 through 17.

14 ‘‘(2) STATE.—The term ‘State’ includes the 50

15 States of the United States, the District of Columbia,

16 and the Commonwealth of Puerto Rico.

17 ‘‘SEC. 6112. ALLOCATION TO LOCAL EDUCATIONAL AGEN18 CIES.

19 ‘‘(a) FORMULA.—From the sums made available each

20 year to carry out this part, the State educational agency

21 shall distribute not less than 85 percent to local educational

22 agencies within such State according to the relative enroll23 ments in public and private elementary schools and sec24 ondary schools within the school districts of such agencies,

25 adjusted, in accordance with criteria approved by the Sec-
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1 retary, to provide higher per pupil allocations to local edu2 cational agencies serving the greatest numbers or percent3 ages of children whose education imposes a higher than av4 erage cost per child, such as—

5 ‘‘(1) children living in areas with high con6 centrations of low-income families;

7 ‘‘(2) children from low-income families; and

8 ‘‘(3) children living in sparsely populated areas.

9 ‘‘(b) CALCULATION OF ENROLLMENTS.—

10 ‘‘(1) IN GENERAL.—The calculation of relative

11 enrollments under subsection (a) shall be on the basis

12 of the total of—

13 ‘‘(A) the number of children enrolled in

14 public schools; and

15 ‘‘(B) the number of children enrolled in pri16 vate nonprofit schools that desire that their chil17 dren participate in programs or projects assisted

18 under this part, for the fiscal year preceding the

19 fiscal year for which the determination is made.

20 ‘‘(2) CONSTRUCTION.—Nothing in this subsection

21 shall diminish the responsibility of local educational

22 agencies to contact, on an annual basis, appropriate

23 officials from private nonprofit schools within the

24 areas served by such agencies in order to determine
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1 whether such schools desire that their children partici2 pate in programs assisted under this part.

3 ‘‘(3) ADJUSTMENTS.—

4 ‘‘(A) IN GENERAL.—Relative enrollments

5 under subsection (a) shall be adjusted, in accord6 ance with criteria approved by the Secretary

7 under subparagraph (B), to provide higher per

8 pupil allocations only to local educational agen9 cies which serve the greatest numbers or percent10 ages of—

11 ‘‘(i) children living in areas with high

12 concentrations of low-income families;

13 ‘‘(ii) children from low-income fami14 lies; or

15 ‘‘(iii) children living in sparsely popu16 lated areas.

17 ‘‘(B) CRITERIA.—The Secretary shall review

18 criteria submitted by a State educational agency

19 for adjusting allocations under subparagraph (A)

20 and shall approve such criteria only if the Sec21 retary determines that such criteria are reason22 ably calculated to produce an adjusted allocation

23 that reflects the relative needs within the State’s

24 local educational agencies based on the factors set

25 forth in subparagraph (A).
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1 ‘‘(c) PAYMENT OF ALLOCATIONS.—

2 ‘‘(1) DISTRIBUTION.—From the funds paid to a

3 State educational agency pursuant to section 6111 for

4 a fiscal year, a State educational agency shall dis5 tribute to each eligible local educational agency which

6 has submitted an application as required in section

7 6133 the amount of such local educational agency’s

8 allocation as determined under subsection (a).

9 ‘‘(2) ADDITIONAL FUNDS.—

10 ‘‘(A) IN GENERAL.—Additional funds re11 sulting from higher per pupil allocations pro12 vided to a local educational agency on the basis

13 of adjusted enrollments of children described in

14 subsection (a), may, at the discretion of the local

15 educational agency, be allocated for expenditures

16 to provide services for children enrolled in public

17 and private nonprofit schools in direct propor18 tion to the number of children described in sub19 section (a) and enrolled in such schools within

20 the local educational agency.

21 ‘‘(B) REQUIREMENT.—In any fiscal year,

22 any local educational agency that elects to allo23 cate such additional funds in the manner de24 scribed in subparagraph (A) shall allocate all
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1 additional funds to schools within the local edu2 cational agency in such manner.

3 ‘‘(C) CONSTRUCTION.—The provisions of

4 subparagraphs (A) and (B) may not be con5 strued to require any school to limit the use of

6 such additional funds to the provision of services

7 to specific students or categories of students.

8 ‘‘Subpart 2—State Programs

9 ‘‘SEC. 6121. STATE USES OF FUNDS.

10 ‘‘(a) AUTHORIZED ACTIVITIES.—A State educational

11 agency may use funds made available for State use under

12 this part only for—

13 ‘‘(1) State administration of programs under

14 this part including—

15 ‘‘(A) supervision of the allocation of funds

16 to local educational agencies;

17 ‘‘(B) planning, supervision, and processing

18 of State funds; and

19 ‘‘(C) monitoring and evaluation of pro20 grams and activities under this part;

21 ‘‘(2) support for planning, designing, and initial

22 implementation of charter schools as described in part

23 D of title V;

24 ‘‘(3) support for designing and implementation

25 of high-quality yearly student assessments;
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1 ‘‘(4) support for implementation of State and

2 local standards; and

3 ‘‘(5) technical assistance and direct grants to

4 local educational agencies and statewide education re5 form activities including effective schools programs

6 which assist local educational agencies to provide tar7 geted assistance.

8 ‘‘(b) LIMITATIONS AND REQUIREMENTS.—Not more

9 than 15 percent of funds available for State programs under

10 this part in any fiscal year may be used for State adminis11 tration under subsection (a)(1).

12 ‘‘SEC. 6122. STATE APPLICATIONS.

13 ‘‘(a) APPLICATION REQUIREMENTS.—Any State which

14 desires to receive assistance under this part shall submit

15 to the Secretary an application which—

16 ‘‘(1) designates the State educational agency as

17 the State agency responsible for administration and

18 supervision of programs assisted under this part;

19 ‘‘(2) provides for a biennial submission of data

20 on the use of funds, the types of services furnished,

21 and the students served under this part;

22 ‘‘(3) sets forth the allocation of such funds re23 quired to implement section 6142;

24 ‘‘(4) provides that the State educational agency

25 will keep such records and provide such information
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1 to the Secretary as may be required for fiscal audit

2 and program evaluation (consistent with the respon3 sibilities of the Secretary under this section);

4 ‘‘(5) provides assurances that, apart from tech5 nical and advisory assistance and monitoring compli6 ance with this part, the State educational agency has

7 not exercised and will not exercise any influence in

8 the decisionmaking processes of local educational

9 agencies as to the expenditure made pursuant to an

10 application under section 6133;

11 ‘‘(6) contains assurances that there is compliance

12 with the specific requirements of this part; and

13 ‘‘(7) provides for timely public notice and public

14 dissemination of the information provided pursuant

15 to paragraph (2).

16 ‘‘(b) PERIOD OF APPLICATION.—An application filed

17 by the State under subsection (a) shall be for a period not

18 to exceed three years, and may be amended annually as

19 may be necessary to reflect changes without filing a new

20 application.

21 ‘‘(c) AUDIT RULE.—A local educational agency that

22 receives less than an average of $10,000 under this part

23 for 3 fiscal years shall not be audited more frequently than

24 once every 5 years.
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1 ‘‘Subpart 3—Local Innovative Education Programs

2 ‘‘SEC. 6131. TARGETED USE OF FUNDS.

3 ‘‘(a) GENERAL RULE.—Funds made available to local

4 educational agencies under section 6112 shall be used for

5 innovative assistance described in subsection (b).

6 ‘‘(b) INNOVATIVE ASSISTANCE.—

7 ‘‘(1) IN GENERAL.—The innovative assistance

8 programs referred to in subsection (a) include—

9 ‘‘(A) programs for the acquisition and use

10 of instructional and educational materials, in11 cluding library services and materials (including

12 media materials), assessments, and other cur13 ricular materials that—

14 ‘‘(B) programs to improve teaching and

15 learning, including professional development ac16 tivities, that are consistent with comprehensive

17 State and local systemic education reform efforts;

18 ‘‘(C) activities that encourage and expand

19 improvements throughout the local educational

20 agency that are designed to advance student per21 formance;

22 ‘‘(D) initiatives to generate, maintain, and

23 strengthen parental and community involvement,

24 including initiatives creating activities for

25 school-age children and activities to meet the
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1 educational needs of children aged birth through

2 5;

3 ‘‘(E) programs to recruit, hire, and train

4 certified teachers (including teachers certified

5 through State and local alternative routes) in

6 order to reduce class size;

7 ‘‘(F) programs to improve the academic

8 performance of educationally disadvantaged ele9 mentary school and secondary school students,

10 including activities to prevent students from

11 dropping out of school;

12 ‘‘(G) programs and activities that expand

13 learning opportunities through best practice

14 models designed to improve classroom learning

15 and teaching;

16 ‘‘(H) programs to combat both student and

17 parental illiteracy;

18 ‘‘(I) technology activities related to the im19 plementation of school-based reform efforts, in20 cluding professional development to assist teach21 ers and other school personnel (including school

22 library media personnel) regarding how to effec23 tively use technology in the classrooms and the

24 school library media centers involved;
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1 ‘‘(J) school improvement programs or ac2 tivities under section 1116 or 1117;

3 ‘‘(K) programs to provide for the edu4 cational needs of gifted and talented children;

5 ‘‘(L) programs to provide same gender

6 schools and classrooms, if equal educational op7 portunities are made available to students of

8 both sexes, consistent with the Constitution of the

9 United States of America;

10 ‘‘(M) service learning activities; and

11 ‘‘(N) school safety programs.

12 ‘‘(2) REQUIREMENTS.—The innovative assistance

13 programs referred to in subsection (a) shall be—

14 ‘‘(A) tied to promoting high academic

15 standards;

16 ‘‘(B) used to improve student performance;

17 and

18 ‘‘(C) part of an overall education reform

19 strategy.

20 ‘‘SEC. 6132. ADMINISTRATIVE AUTHORITY.

21 ‘‘In order to conduct the activities authorized by this

22 part, each State or local educational agency may use funds

23 made available under this part to make grants to and to

24 enter into contracts with local educational agencies, institu25 tions of higher education, libraries, museums, and other
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1 public and private nonprofit agencies, organizations, and

2 institutions.

3 ‘‘SEC. 6133. LOCAL APPLICATIONS.

4 ‘‘(a) CONTENTS OF APPLICATION.—A local educational

5 agency or consortium of such agencies may receive an allo6 cation of funds under this part for any year for which an

7 application is submitted to the State educational agency

8 and such application is certified to meet the requirements

9 of this section. The State educational agency shall certify

10 any such application if such application—

11 ‘‘(1)(A) sets forth the planned allocation of funds

12 among innovative assistance programs described in

13 section 6131 and describes the programs, projects, and

14 activities designed to carry out such innovative assist15 ance which the local educational agency intends to

16 support, together with the reasons for the selection of

17 such programs, projects, and activities; and

18 ‘‘(B) sets forth the allocation of such funds re19 quired to implement section 6142;

20 ‘‘(2) describes how assistance under this part

21 will contribute to meeting America’s Education Goals

22 and improving student achievement or improving the

23 quality of education for students;

24 ‘‘(3) provides assurances of compliance with the

25 provisions of this part, including the participation of
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1 children enrolled in private, nonprofit schools in ac2 cordance with section 6142;

3 ‘‘(4) agrees to keep such records, and provide

4 such information to the State educational agency as

5 reasonably may be required for fiscal audit and pro6 gram evaluation, consistent with the responsibilities

7 of the State educational agency under this part; and

8 ‘‘(5) provides in the allocation of funds for the

9 assistance authorized by this part, and in the design,

10 planning, and implementation of such programs, for

11 systematic consultation with parents of children at12 tending elementary schools and secondary schools in

13 the area served by the local educational agency, with

14 teachers and administrative personnel in such schools,

15 and with other groups involved in the implementation

16 of this part (such as librarians, school counselors, and

17 other pupil services personnel) as may be considered

18 appropriate by the local educational agency.

19 ‘‘(b) PERIOD OF APPLICATION.—An application filed

20 by a local educational agency under subsection (a) shall be

21 for a period not to exceed three fiscal years, may provide

22 for the allocation of funds to programs for a period of three

23 years, and may be amended annually as may be necessary

24 to reflect changes without filing a new application.
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1 ‘‘(c) LOCAL EDUCATIONAL AGENCY DISCRETION.—

2 Subject to the limitations and requirements of this part,

3 a local educational agency shall have complete discretion

4 in determining how funds under this subpart shall be di5 vided among the areas of targeted assistance. In exercising

6 such discretion, a local educational agency shall ensure that

7 expenditures under this subpart carry out the purposes of

8 this part and are used to meet the educational needs within

9 the schools of such local educational agency.

10 ‘‘Subpart 4—General Administrative Provisions

11 ‘‘SEC. 6141. MAINTENANCE OF EFFORT; FEDERAL FUNDS

12 SUPPLEMENTARY.

13 ‘‘(a) MAINTENANCE OF EFFORT.—

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), a State is entitled to receive its full alloca16 tion of funds under this part for any fiscal year if

17 the Secretary finds that either the combined fiscal ef18 fort per student or the aggregate expenditures within

19 the State with respect to the provision of free public

20 education for the fiscal year preceding the fiscal year

21 for which the determination is made was not less

22 than 90 percent of such combined fiscal effort or ag23 gregate expenditures for the second fiscal year pre24 ceding the fiscal year for which the determination is

25 made.
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1 ‘‘(2) REDUCTION OF FUNDS.—The Secretary

2 shall reduce the amount of the allocation of funds

3 under this part in any fiscal year in the exact pro4 portion to which the State fails to meet the require5 ments of paragraph (1) by falling below 90 percent of

6 both the fiscal effort per student and aggregate ex7 penditures (using the measure most favorable to the

8 State), and no such lesser amount shall be used for

9 computing the effort required under paragraph (1) for

10 subsequent years.

11 ‘‘(3) WAIVERS.—The Secretary may waive, for

12 one fiscal year only, the requirements of this section

13 if the Secretary determines that such a waiver would

14 be equitable due to exceptional or uncontrollable cir15 cumstances such as a natural disaster or a precipi16 tous and unforeseen decline in the financial resources

17 of the State.

18 ‘‘(b) FEDERAL FUNDS SUPPLEMENTARY.—A State or

19 local educational agency may use and allocate funds re20 ceived under this part only so as to supplement and, to

21 the extent practical, increase the level of funds that would,

22 in the absence of Federal funds made available under this

23 part, be made available from non-Federal sources, and in

24 no case may such funds be used so as to supplant funds

25 from non-Federal sources.
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1 ‘‘SEC. 6142. PARTICIPATION OF CHILDREN ENROLLED IN

2 PRIVATE SCHOOLS.

3 ‘‘(a) PARTICIPATION ON EQUITABLE BASIS.—

4 ‘‘(1) IN GENERAL.—To the extent consistent with

5 the number of children in the school district of a local

6 educational agency which is eligible to receive funds

7 under this part or which serves the area in which a

8 program or project assisted under this part is located

9 who are enrolled in private nonprofit elementary and

10 secondary schools, or with respect to instructional or

11 personnel training programs funded by the State edu12 cational agency from funds made available for State

13 use, such agency, after consultation with appropriate

14 private school officials, shall provide for the benefit of

15 such children in such schools secular, neutral, and

16 nonideological services, materials, and equipment, in17 cluding the participation of the teachers of such chil18 dren (and other educational personnel serving such

19 children) in training programs, and the repair,

20 minor remodeling, or construction of public facilities

21 as may be necessary for their provision (consistent

22 with subsection (c) of this section), or, if such services,

23 materials, and equipment are not feasible or nec24 essary in one or more such private schools as deter25 mined by the local educational agency after consulta26 tion with the appropriate private school officials,
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1 shall provide such other arrangements as will assure

2 equitable participation of such children in the pur3 poses and benefits of this part.

4 ‘‘(2) OTHER PROVISIONS FOR SERVICES.—If no

5 program or project is carried out under paragraph

6 (1) in the school district of a local educational agen7 cy, the State educational agency shall make arrange8 ments, such as through contracts with nonprofit agen9 cies or organizations, under which children in private

10 schools in such district are provided with services and

11 materials to the extent that would have occurred if the

12 local educational agency had received funds under

13 this part.

14 ‘‘(3) APPLICATION OF REQUIREMENTS.—The re15 quirements of this section relating to the participa16 tion of children, teachers, and other personnel serving

17 such children shall apply to programs and projects

18 carried out under this part by a State or local edu19 cational agency, whether directly or through grants to

20 or contracts with other public or private agencies, in21 stitutions, or organizations.

22 ‘‘(b) EQUAL EXPENDITURES.—Expenditures for pro23 grams pursuant to subsection (a) shall be equal (consistent

24 with the number of children to be served) to expenditures

25 for programs under this part for children enrolled in the
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1 public schools of the local educational agency, taking into

2 account the needs of the individual children and other fac3 tors which relate to such expenditures, and when funds

4 available to a local educational agency under this part are

5 used to concentrate programs or projects on a particular

6 group, attendance area, or grade or age level, children en7 rolled in private schools who are included within the group,

8 attendance area, or grade or age level selected for such con9 centration shall, after consultation with the appropriate

10 private school officials, be assured equitable participation

11 in the purposes and benefits of such programs or projects.

12 ‘‘(c) FUNDS.—

13 ‘‘(1) ADMINISTRATION OF FUNDS AND PROP14 ERTY.—The control of funds provided under this part,

15 and title to materials, equipment, and property re16 paired, remodeled, or constructed with such funds,

17 shall be in a public agency for the uses and purposes

18 provided in this part, and a public agency shall ad19 minister such funds and property.

20 ‘‘(2) PROVISION OF SERVICES.—The provision of

21 services pursuant to this part shall be provided by

22 employees of a public agency or through contract by

23 such public agency with a person, an association,

24 agency, or corporation who or which, in the provision

25 of such services, is independent of such private school
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1 and of any religious organizations, and such employ2 ment or contract shall be under the control and super3 vision of such public agency, and the funds provided

4 under this part shall not be commingled with State

5 or local funds.

6 ‘‘(d) STATE PROHIBITION WAIVER.—If by reason of

7 any provision of law a State or local educational agency

8 is prohibited from providing for the participation in pro9 grams of children enrolled in private elementary schools

10 and secondary schools, as required by this section, the Sec11 retary shall waive such requirements and shall arrange for

12 the provision of services to such children through arrange13 ments which shall be subject to the requirements of this sec14 tion.

15 ‘‘(e) WAIVER AND PROVISION OF SERVICES.—

16 ‘‘(1) FAILURE TO COMPLY.—If the Secretary de17 termines that a State or a local educational agency

18 has substantially failed or is unwilling to provide for

19 the participation on an equitable basis of children en20 rolled in private elementary schools and secondary

21 schools as required by this section, the Secretary may

22 waive such requirements and shall arrange for the

23 provision of services to such children through arrange24 ments which shall be subject to the requirements of

25 this section.
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1 ‘‘(2) WITHHOLDING OF ALLOCATION.—Pending

2 final resolution of any investigation or complaint

3 that could result in a determination under this sub4 section or subsection (d), the Secretary may withhold

5 from the allocation of the affected State or local edu6 cational agency the amount estimated by the Sec7 retary to be necessary to pay the cost of those services.

8 ‘‘(f) DETERMINATION.—Any determination by the Sec9 retary under this section shall continue in effect until the

10 Secretary determines that there will no longer be any fail11 ure or inability on the part of the State or local educational

12 agency to meet the requirements of subsections (a) and (b).

13 ‘‘(g) PAYMENT FROM STATE ALLOTMENT.—When the

14 Secretary arranges for services pursuant to this section, the

15 Secretary shall, after consultation with the appropriate

16 public and private school officials, pay the cost of such serv17 ices, including the administrative costs of arranging for

18 those services, from the appropriate allotment of the State

19 under this part.

20 ‘‘(h) REVIEW.—

21 ‘‘(1) WRITTEN OBJECTIONS.—The Secretary shall

22 not take any final action under this section until the

23 State educational agency and the local educational

24 agency affected by such action have had an oppor25 tunity, for not less than 45 days after receiving writ-
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1 ten notice thereof, to submit written objections and to

2 appear before the Secretary or the Secretary’s des3 ignee to show cause why that action should not be

4 taken.

5 ‘‘(2) COURT ACTION.—If a State or local edu6 cational agency is dissatisfied with the Secretary’s

7 final action after a proceeding under paragraph (1),

8 such agency may, not later than 60 days after notice

9 of such action, file with the United States court of ap10 peals for the circuit in which such State is located a

11 petition for review of that action. A copy of the peti12 tion shall be transmitted by the clerk of the court to

13 the Secretary. The Secretary thereupon shall file in

14 the court the record of the proceedings on which the

15 Secretary based this action, as provided in section

16 2112 of title 28, United States Code.

17 ‘‘(3) REMAND TO SECRETARY.—The findings of

18 fact by the Secretary, if supported by substantial evi19 dence, shall be conclusive; but the court, for good

20 cause shown, may remand the case to the Secretary

21 to take further evidence and the Secretary may make

22 new or modified findings of fact and may modify the

23 Secretary’s previous action, and shall file in the court

24 the record of the further proceedings. Such new or
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1 modified findings of fact shall likewise be conclusive

2 if supported by substantial evidence.

3 ‘‘(4) COURT REVIEW.—Upon the filing of such

4 petition, the court shall have jurisdiction to affirm the

5 action of the Secretary or to set such action aside, in

6 whole or in part. The judgment of the court shall be

7 subject to review by the Supreme Court of the United

8 States upon certiorari or certification as provided in

9 section 1254 of title 28, United States Code.

10 ‘‘(i) PRIOR DETERMINATION.—Any bypass determina11 tion by the Secretary under chapter 2 of part I of this Act

12 (as such chapter was in effect on the day preceding the date

13 of enactment of the Improving America’s Schools Act of

14 1994) shall, to the extent consistent with the purposes of

15 this part, apply to programs under this part.

16 ‘‘SEC. 6143. FEDERAL ADMINISTRATION.

17 ‘‘(a) TECHNICAL ASSISTANCE.—The Secretary, upon

18 request, shall provide technical assistance to State and local

19 educational agencies under this part.

20 ‘‘(b) RULEMAKING.—The Secretary shall issue regula21 tions under this part to the extent that such regulations

22 are necessary to ensure that there is compliance with the

23 specific requirements and assurances required by this part.

24 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—Notwith25 standing any other provision of law, unless expressly in
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1 limitation of this subsection, funds appropriated in any fis2 cal year to carry out activities under this part shall become

3 available for obligation on July 1 of such fiscal year and

4 shall remain available for obligation until the end of the

5 subsequent fiscal year.

6 ‘‘PART B—RURAL EDUCATION INITIATIVE

7 ‘‘SEC. 6203. SHORT TITLE.

8 ‘‘This part may be cited as the ‘Rural Education

9 Achievement Program’.

10 ‘‘SEC. 6202. PURPOSE.

11 ‘‘It is the purpose of this part to address the unique

12 needs of rural school districts that frequently—

13 ‘‘(1) lack the personnel and resources needed to

14 compete for Federal competitive grants; and

15 ‘‘(2) receive formula allocations in amounts too

16 small to be effective in meeting their intended pur17 poses.

18 ‘‘SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.

19 ‘‘There are authorized to be appropriated to carry out

20 this part—

21 ‘‘(1) $125,000,000 for fiscal year 2001, of which

22 $62,500,000 shall be made available to carry out sub23 part 1; and

24 ‘‘(2) such sums as may be necessary for each of

25 the 5 succeeding fiscal years.
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1 ‘‘Subpart 1—Small, Rural School Achievement

2 Program

3 ‘‘SEC. 6211. FORMULA GRANT PROGRAM AUTHORIZED.

4 ‘‘(a) ALTERNATIVE USES.—

5 ‘‘(1) IN GENERAL.—Notwithstanding any other

6 provision of law, an eligible local educational agency

7 may use the applicable funding, that the agency is el8 igible to receive from the State educational agency for

9 a fiscal year, to carry out innovative assistance ac10 tivities described in section 6131(b).

11 ‘‘(2) NOTIFICATION.—An eligible local edu12 cational agency shall notify the State educational

13 agency of the local educational agency’s intention to

14 use the applicable funding in accordance with para15 graph (1) not later than a date that is established by

16 the State educational agency for the notification.

17 ‘‘(b) ELIGIBILITY.—A local educational agency shall be

18 eligible to use the applicable funding in accordance with

19 subsection (a) if—

20 ‘‘(1) the total number of students in average

21 daily attendance at all of the schools served by the

22 local educational agency is less than 600; and

23 ‘‘(2) all of the schools served by the local edu24 cational agency are designated with a School Locale

25 Code of 7, as determined by the Secretary of Edu26 cation.
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1 ‘‘(c) APPLICABLE FUNDING.—In this section, the term

2 ‘applicable funding’ means funds provided under each of

3 titles II, IV, and VI.

4 ‘‘(d) DISBURSAL.—Each State educational agency that

5 receives applicable funding for a fiscal year shall disburse

6 the applicable funding to local educational agencies for al7 ternative uses under this section for the fiscal year at the

8 same time that the State educational agency disburses the

9 applicable funding to local educational agencies that do not

10 intend to use the applicable funding for such alternative

11 uses for the fiscal year.

12 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made

13 available under this section shall be used to supplement and

14 not supplant any other Federal, State, or local education

15 funds.

16 ‘‘(f) SPECIAL RULE.—References in Federal law to

17 funds for the provisions of law set forth in subsection (c)

18 may be considered to be references to funds for this section.

19 ‘‘(g) CONSTRUCTION.—Nothing in this subpart shall be

20 construed to prohibit a local educational agency that enters

21 into cooperative arrangements with other local educational

22 agencies for the provision of special, compensatory, or other

23 education services pursuant to State law or a written agree24 ment from entering into similar arrangements for the use
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1 or the coordination of the use of the funds made available

2 under this section.

3 ‘‘SEC. 6212. COMPETITIVE GRANT PROGRAM AUTHORIZED.

4 ‘‘(a) IN GENERAL.—The Secretary is authorized to

5 award grants to eligible local educational agencies to enable

6 the local educational agencies to carry out innovative assist7 ance activities described in section 6131(b).

8 ‘‘(b) ELIGIBILITY.—A local educational agency shall be

9 eligible to receive a grant under this section if—

10 ‘‘(1) the total number of students in average

11 daily attendance at all of the schools served by the

12 local educational agency is less than 600; and

13 ‘‘(2) all of the schools served by the local edu14 cational agency are designated with a School Locale

15 Code of 7, as determined by the Secretary of Edu16 cation.

17 ‘‘(c) AMOUNT.—

18 ‘‘(1) IN GENERAL.—The Secretary shall award a

19 grant to a local educational agency under this section

20 for a fiscal year in an amount equal to the amount

21 determined under paragraph (2) for the fiscal year

22 minus the total amount received under the provisions

23 of law described under section 6211(c) for the fiscal

24 year.
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1 ‘‘(2) DETERMINATION.—The amount referred to

2 in paragraph (1) is equal to $100 multiplied by the

3 total number of students in excess of 50 students that

4 are in average daily attendance at the schools served

5 by the local educational agency, plus $20,000, except

6 that the amount may not exceed $60,000.

7 ‘‘(3) CENSUS DETERMINATION.—

8 ‘‘(A) IN GENERAL.—Each local educational

9 agency desiring a grant under this section shall

10 conduct a census not later than December 1 of

11 each year to determine the number of kinder12 garten through grade 12 students in average

13 daily attendance at the schools served by the

14 local educational agency.

15 ‘‘(B) SUBMISSION.—Each local educational

16 agency shall submit the number described in sub17 paragraph (A) to the Secretary not later than

18 March 1 of each year.

19 ‘‘(4) PENALTY.—If the Secretary determines that

20 a local educational agency has knowingly submitted

21 false information under paragraph (3) for the pur22 pose of gaining additional funds under this section,

23 then the local educational agency shall be fined an

24 amount equal to twice the difference between the

25 amount the local educational agency received under
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1 this section, and the correct amount the local edu2 cational agency would have received under this sec3 tion if the agency had submitted accurate information

4 under paragraph (3).

5 ‘‘(d) DISBURSAL.—The Secretary shall disburse the

6 funds awarded to a local educational agency under this sec7 tion for a fiscal year not later than July 1 of that year.

8 ‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made

9 available under this section shall be used to supplement and

10 not supplant any other Federal, State, or local education

11 funds.

12 ‘‘(f) CONSTRUCTION.—Nothing in this subpart shall be

13 construed to prohibit a local educational agency that enters

14 into cooperative arrangements with other local educational

15 agencies for the provision of special, compensatory, or other

16 education services pursuant to State law or a written agree17 ment from entering into similar arrangements for the use

18 or the coordination of the use of the funds made available

19 under this section.

20 ‘‘SEC. 6213. ACCOUNTABILITY.

21 ‘‘(a) ACADEMIC ACHIEVEMENT.—

22 ‘‘(1) IN GENERAL.—Each local educational agen23 cy that uses or receives funds under section 6211 or

24 6212 for a fiscal year shall—
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1 ‘‘(A) administer an assessment that is used

2 statewide and is consistent with the assessment

3 described in section 1111(b), to assess the aca4 demic achievement of students in the schools

5 served by the local educational agency; or

6 ‘‘(B) in the case of a local educational agen7 cy for which there is no statewide assessment de8 scribed in subparagraph (A), administer a test,

9 that is selected by the local educational agency,

10 to assess the academic achievement of students in

11 the schools served by the local educational agen12 cy.

13 ‘‘(2) SPECIAL RULE.—Each local educational

14 agency that uses or receives funds under section 6211

15 or 6212 shall use the same assessment or test de16 scribed in paragraph (1) for each year of participa17 tion in the program carried out under such section.

18 ‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION

19 REGARDING CONTINUING PARTICIPATION.—Each State

20 educational agency that receives funding under the provi21 sions of law described in section 6211(c) shall—

22 ‘‘(1) after the fifth year that a local educational

23 agency in the State participates in a program au24 thorized under section 6211 or 6212 and on the basis

25 of the results of the assessments or tests described in
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1 subsection (a), determine whether the students served

2 by the local educational agency participating in the

3 program performed better on the assessments or tests

4 after the fifth year of the participation than the stu5 dents performed on the assessments or tests after the

6 first year of the participation;

7 ‘‘(2) permit only the local educational agencies

8 that participated in the program and served students

9 that performed better on the assessments or tests, as

10 described in paragraph (1), to continue to participate

11 in the program for an additional period of 5 years;

12 and

13 ‘‘(3) prohibit the local educational agencies that

14 participated in the program and served students that

15 did not perform better on the assessments or tests, as

16 described in paragraph (1), from participating in the

17 program, for a period of 5 years from the date of the

18 determination.

19 ‘‘SEC. 6214. RATABLE REDUCTIONS IN CASE OF INSUFFI20 CIENT APPROPRIATIONS.

21 ‘‘(a) IN GENERAL.—If the amount appropriated for

22 any fiscal year and made available for grants under this

23 subpart is insufficient to pay the full amount for which all

24 agencies are eligible under this subpart, the Secretary shall

25 ratably reduce each such amount.
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1 ‘‘(b) ADDITIONAL AMOUNTS.—If additional funds be2 come available for making payments under paragraph (1)

3 for such fiscal year, payments that were reduced under sub4 section (a) shall be increased on the same basis as such pay5 ments were reduced.

6 ‘‘Subpart 2—Low-Income and Rural School Program

7 ‘‘SEC. 6221. DEFINITIONS.

8 ‘‘In this subpart:

9 ‘‘(1) POVERTY LINE.—The term ‘poverty line’

10 means the poverty line (as defined by the Office of

11 Management and Budget, and revised annually in ac12 cordance with section 673(2) of the Community Serv13 ices Block Grant Act (42 U.S.C. 9902(2))) applicable

14 to a family of the size involved.

15 ‘‘(2) SPECIALLY QUALIFIED AGENCY.—The term

16 ‘specially qualified agency’ means an eligible local

17 educational agency, located in a State that does not

18 participate in a program carried out under this sub19 part for a fiscal year, which may apply directly to

20 the Secretary for a grant for such year in accordance

21 with section 6222(b).

22 ‘‘SEC. 6222. PROGRAM AUTHORIZED.

23 ‘‘(a) GRANTS TO STATES.—

24 ‘‘(1) IN GENERAL.—From the sum appropriated

25 under section 6203 for a fiscal year and made avail-
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1 able to carry out this subpart, the Secretary shall

2 award grants, from allotments made under paragraph

3 (2), to State educational agencies that have applica4 tions approved under section 6224 to enable the State

5 educational agencies to award grants to eligible local

6 educational agencies for innovative assistance activi7 ties described in section 6131(b).

8 ‘‘(2) ALLOTMENT.—From the sum appropriated

9 under section 6203 for a fiscal year and made avail10 able to carry out this subpart, the Secretary shall

11 allot to each State educational agency an amount

12 that bears the same ratio to the sum as the number

13 of students in average daily attendance at the schools

14 served by eligible local educational agencies in the

15 State for that fiscal year bears to the number of all

16 such students at the schools served by eligible local

17 educational agencies in all States for that fiscal year.

18 ‘‘(b) DIRECT GRANTS TO SPECIALLY QUALIFIED

19 AGENCIES.—

20 ‘‘(1) NONPARTICIPATING STATE.—If a State edu21 cational agency elects not to participate in the pro22 gram carried out under this subpart or does not have

23 an application approved under section 6224, a spe24 cially qualified agency in such State desiring a grant

25 under this subpart shall apply directly to the Sec-
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1 retary under section 6224 to receive a grant under

2 this subpart.

3 ‘‘(2) DIRECT AWARDS TO SPECIALLY QUALIFIED

4 AGENCIES.—The Secretary may award, on a competi5 tive basis, the amount the State educational agency is

6 eligible to receive under subsection (a)(2) directly to

7 specially qualified agencies in the State.

8 ‘‘(c) ADMINISTRATIVE COSTS.—A State educational

9 agency that receives a grant under this subpart may not

10 use more than 5 percent of the amount of the grant for State

11 administrative costs.

12 ‘‘SEC. 6223. STATE DISTRIBUTION OF FUNDS.

13 ‘‘(a) IN GENERAL.—A State educational agency that

14 receives a grant under this subpart may use the funds made

15 available through the grant to award grants to eligible local

16 educational agencies to enable the local educational agencies

17 to carry out innovative assistance activities described in

18 section 6131(b).

19 ‘‘(b) LOCAL AWARDS.—

20 ‘‘(1) ELIGIBILITY.—A local educational agency

21 shall be eligible to receive a grant under this subpart

22 if—

23 ‘‘(A) 20 percent or more of the children age

24 5 through 17 that are served by the local edu-
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1 cational agency are from families with incomes

2 below the poverty line; and

3 ‘‘(B) all of the schools served by the agency

4 are located in a community with a Rural-Urban

5 Continuum Code of 6, 7, 8, or 9, as determined

6 by the Secretary of Agriculture.

7 ‘‘(c) AWARD BASIS.—The State educational agency

8 shall award the grants to eligible local educational

9 agencies—

10 ‘‘(1) on a competitive basis; or

11 ‘‘(2) according to a formula based on the number

12 of students in average daily attendance at schools

13 served by the eligible local educational agencies.

14 ‘‘SEC. 6224. APPLICATIONS.

15 ‘‘(a) IN GENERAL.—Each State educational agency

16 and specially qualified agency desiring to receive a grant

17 under this subpart shall submit an application to the Sec18 retary at such time, in such manner, and accompanied by

19 such information as the Secretary may require.

20 ‘‘(b) CONTENTS.—At a minimum, such application

21 shall include information on specific measurable goals and

22 objectives to be achieved through the activities carried out

23 through the grant, which may include specific educational

24 goals and objectives relating to—

25 ‘‘(1) increased student academic achievement;
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1 ‘‘(2) decreased student dropout rates; or

2 ‘‘(3) such other factors as the State educational

3 agency or specially qualified agency may choose to

4 measure.

5 ‘‘SEC. 6225. ACCOUNTABILITY.

6 ‘‘(a) STATE REPORTS.—Each State educational agen7 cy that receives a grant under this subpart shall prepare

8 and submit to the Secretary an annual report. The report

9 shall describe—

10 ‘‘(1) the method the State educational agency

11 used to award grants to eligible local educational

12 agencies under this subpart;

13 ‘‘(2) how the local educational agencies used the

14 funds provided under this subpart; and

15 ‘‘(3) the degree to which the State made progress

16 toward meeting the goals and objectives described in

17 the application submitted under section 6224.

18 ‘‘(b) SPECIALLY QUALIFIED AGENCY REPORT.—Each

19 specially qualified agency that receives a grant under this

20 subpart shall prepare and submit to the Secretary an an21 nual report. The report shall describe—

22 ‘‘(1) how such agency used the funds provided

23 under this subpart; and

24 ‘‘(2) the degree to which the agency made

25 progress toward meeting the goals and objectives de-
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1 scribed in the application submitted under section

2 6224.

3 ‘‘(c) ACADEMIC ACHIEVEMENT.—

4 ‘‘(1) IN GENERAL.—Each local educational agen5 cy that receives a grant under this subpart for a fis6 cal year shall—

7 ‘‘(A) administer an assessment that is used

8 statewide and is consistent with the assessment

9 described in section 1111(b), to assess the aca10 demic achievement of students in the schools

11 served by the local educational agency; or

12 ‘‘(B) in the case of a local educational agen13 cy for which there is no statewide assessment de14 scribed in subparagraph (A), administer a test,

15 that is selected by the local educational agency,

16 to assess the academic achievement of students in

17 the schools served by the local educational agen18 cy.

19 ‘‘(2) SPECIAL RULE.—Each local educational

20 agency that receives a grant under this subpart shall

21 use the same assessment or test described in para22 graph (1) for each year of participation in the pro23 gram carried out under this subpart.

24 ‘‘(d) STATE EDUCATIONAL AGENCY DETERMINATION

25 REGARDING CONTINUING PARTICIPATION.—Each State
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1 educational agency that receives a grant under this subpart

2 shall—

3 ‘‘(1) after the fifth year that a local educational

4 agency in the State participates in the program au5 thorized under this subpart and on the basis of the re6 sults of the assessments or tests described in subsection

7 (c), determine whether the students served by the local

8 educational agency participating in the program per9 formed better on the assessments or tests after the fifth

10 year of the participation than the students performed

11 on the assessments or tests after the first year of the

12 participation;

13 ‘‘(2) permit only the local educational agencies

14 that participated in the program and served students

15 that performed better on the assessments or tests, as

16 described in paragraph (1), to continue to participate

17 in the program for an additional period of 5 years;

18 and

19 ‘‘(3) prohibit the local educational agencies that

20 participated in the program and served students that

21 did not perform better on the assessments or tests, as

22 described in paragraph (1), from participating in the

23 program for a period of 5 years from the date of the

24 determination.
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1 ‘‘SEC. 6226. SUPPLEMENT NOT SUPPLANT.

2 ‘‘Funds made available under this subpart shall be

3 used to supplement and not supplant any other Federal,

4 State, or local education funds.

5 ‘‘SEC. 6227. SPECIAL RULE.

6 ‘‘No local educational agency may concurrently par7 ticipate in activities carried out under subpart 1 and ac8 tivities carried out under this subpart.

9 ‘‘PART C—EDUCATION FLEXIBILITY

10 PARTNERSHIPS

11 ‘‘SEC. 6301. SHORT TITLE.

12 ‘‘This part may be cited as the ‘Education Flexibility

13 Partnership Act of 2000’.

14 ‘‘SEC. 6302. DEFINITIONS.

15 ‘‘In this part:

16 ‘‘(1) ELIGIBLE SCHOOL ATTENDANCE AREA;

17 SCHOOL ATTENDANCE AREA.—The terms ‘eligible

18 school attendance area’ and ‘school attendance area’

19 have the meanings given the terms in section

20 1113(a)(2).

21 ‘‘(2) STATE.—The term ‘State’ means each of the

22 several States of the United States, the District of Co23 lumbia, the Commonwealth of Puerto Rico, and each

24 outlying area.

25 ‘‘SEC. 6303. EDUCATION FLEXIBILITY PARTNERSHIP.

26 ‘‘(a) EDUCATIONAL FLEXIBILITY PROGRAM.—
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1 ‘‘(1) PROGRAM AUTHORIZED.—

2 ‘‘(A) IN GENERAL.—The Secretary may

3 carry out an educational flexibility program

4 under which the Secretary authorizes a State

5 educational agency that serves an eligible State

6 to waive statutory or regulatory requirements

7 applicable to one or more programs described in

8 subsection (b), other than requirements described

9 in subsection (c), for any local educational agen10 cy or school within the State.

11 ‘‘(B) DESIGNATION.—Each eligible State

12 participating in the program described in sub13 paragraph (A) shall be known as an ‘Ed-Flex

14 Partnership State’.

15 ‘‘(2) ELIGIBLE STATE.—For the purpose of this

16 section the term ‘eligible State’ means a State that—

17 ‘‘(A) has—

18 ‘‘(i) developed and implemented the

19 challenging State content standards, chal20 lenging State student performance stand21 ards, and aligned assessments described in

22 section 1111(b), and for which local edu23 cational agencies in the State are producing

24 the individual school performance profiles

25 required by section 1116(a)(3); or
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1 ‘‘(ii)(I) developed and implemented the

2 content standards described in clause (i);

3 ‘‘(II) developed and implemented in4 terim assessments; and

5 ‘‘(III) made substantial progress (as

6 determined by the Secretary) toward devel7 oping and implementing the performance

8 standards and final aligned assessments de9 scribed in clause (i), and toward having

10 local educational agencies in the State

11 produce the profiles described in clause (i);

12 ‘‘(B) holds local educational agencies and

13 schools accountable for meeting the educational

14 goals described in the local applications sub15 mitted under paragraph (4), and for engaging in

16 technical assistance and corrective actions con17 sistent with section 1116, for the local edu18 cational agencies and schools that do not make

19 adequate yearly progress as described in section

20 1111(b)(2); and

21 ‘‘(C) waives State statutory or regulatory

22 requirements relating to education while holding

23 local educational agencies or schools within the

24 State that are affected by such waivers account-
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1 able for the performance of the students who are

2 affected by such waivers.

3 ‘‘(3) STATE APPLICATION.—

4 ‘‘(A) IN GENERAL.—Each State educational

5 agency desiring to participate in the educational

6 flexibility program under this section shall sub7 mit an application to the Secretary at such time,

8 in such manner, and containing such informa9 tion as the Secretary may reasonably require.

10 Each such application shall demonstrate that the

11 eligible State has adopted an educational flexi12 bility plan for the State that includes—

13 ‘‘(i) a description of the process the

14 State educational agency will use to evalu15 ate applications from local educational

16 agencies or schools requesting waivers of—

17 ‘‘(I) Federal statutory or regu18 latory requirements as described in

19 paragraph (1)(A); and

20 ‘‘(II) State statutory or regulatory

21 requirements relating to education;

22 ‘‘(ii) a detailed description of the State

23 statutory and regulatory requirements relat24 ing to education that the State educational

25 agency will waive;
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1 ‘‘(iii) a description of clear educational

2 objectives the State intends to meet under

3 the educational flexibility plan;

4 ‘‘(iv) a description of how the edu5 cational flexibility plan is consistent with

6 and will assist in implementing the State

7 comprehensive reform plan or, if a State

8 does not have a comprehensive reform plan,

9 a description of how the educational flexi10 bility plan is coordinated with activities de11 scribed in section 1111(b);

12 ‘‘(v) a description of how the State

13 educational agency will evaluate, consistent

14 with the requirements of title I, the per15 formance of students in the schools and local

16 educational agencies affected by the waivers;

17 and

18 ‘‘(vi) a description of how the State

19 educational agency will meet the require20 ments of paragraph (8).

21 ‘‘(B) APPROVAL AND CONSIDERATIONS.—

22 The Secretary may approve an application de23 scribed in subparagraph (A) only if the Sec24 retary determines that such application dem25 onstrates substantial promise of assisting the
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1 State educational agency and affected local edu2 cational agencies and schools within the State in

3 carrying out comprehensive educational reform,

4 after considering—

5 ‘‘(i) the eligibility of the State as de6 scribed in paragraph (2);

7 ‘‘(ii) the comprehensiveness and qual8 ity of the educational flexibility plan de9 scribed in subparagraph (A);

10 ‘‘(iii) the ability of the educational

11 flexibility plan to ensure accountability for

12 the activities and goals described in such

13 plan;

14 ‘‘(iv) the degree to which the State’s ob15 jectives described in subparagraph

16 (A)(iii)—

17 ‘‘(I) are clear and have the ability

18 to be assessed; and

19 ‘‘(II) take into account the per20 formance of local educational agencies

21 or schools, and students, particularly

22 those affected by waivers;

23 ‘‘(v) the significance of the State statu24 tory or regulatory requirements relating to

25 education that will be waived; and
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1 ‘‘(vi) the quality of the State edu2 cational agency’s process for approving ap3 plications for waivers of Federal statutory

4 or regulatory requirements as described in

5 paragraph (1)(A) and for monitoring and

6 evaluating the results of such waivers.

7 ‘‘(4) LOCAL APPLICATION.—

8 ‘‘(A) IN GENERAL.—Each local educational

9 agency or school requesting a waiver of a Federal

10 statutory or regulatory requirement as described

11 in paragraph (1)(A) and any relevant State

12 statutory or regulatory requirement from a State

13 educational agency shall submit an application

14 to the State educational agency at such time, in

15 such manner, and containing such information

16 as the State educational agency may reasonably

17 require. Each such application shall—

18 ‘‘(i) indicate each Federal program af19 fected and each statutory or regulatory re20 quirement that will be waived;

21 ‘‘(ii) describe the purposes and overall

22 expected results of waiving each such re23 quirement;

24 ‘‘(iii) describe, for each school year,

25 specific, measurable, educational goals for
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1 each local educational agency or school af2 fected by the proposed waiver, and for the

3 students served by the local educational

4 agency or school who are affected by the

5 waiver;

6 ‘‘(iv) explain why the waiver will as7 sist the local educational agency or school

8 in reaching such goals; and

9 ‘‘(v) in the case of an application from

10 a local educational agency, describe how the

11 local educational agency will meet the re12 quirements of paragraph (8).

13 ‘‘(B) EVALUATION OF APPLICATIONS.—A

14 State educational agency shall evaluate an ap15 plication submitted under subparagraph (A) in

16 accordance with the State’s educational flexi17 bility plan described in paragraph (3)(A).

18 ‘‘(C) APPROVAL.—A State educational

19 agency shall not approve an application for a

20 waiver under this paragraph unless—

21 ‘‘(i) the local educational agency or

22 school requesting such waiver has developed

23 a local reform plan that is applicable to

24 such agency or school, respectively;
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1 ‘‘(ii) the waiver of Federal statutory or

2 regulatory requirements as described in

3 paragraph (1)(A) will assist the local edu4 cational agency or school in reaching its

5 educational goals, particularly goals with

6 respect to school and student performance;

7 and

8 ‘‘(iii) the State educational agency is

9 satisfied that the underlying purposes of the

10 statutory requirements of each program for

11 which a waiver is granted will continue to

12 be met.

13 ‘‘(D) TERMINATION.—The State educational

14 agency shall annually review the performance of

15 any local educational agency or school granted a

16 waiver of Federal statutory or regulatory re17 quirements as described in paragraph (1)(A) in

18 accordance with the evaluation requirement de19 scribed in paragraph (3)(A)(v), and shall termi20 nate any waiver granted to the local educational

21 agency or school if the State educational agency

22 determines, after notice and an opportunity for

23 a hearing, that the local educational agency or

24 school’s performance with respect to meeting the

25 accountability requirement described in para-
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1 graph (2)(C) and the goals described in para2 graph (4)(A)(iii)—

3 ‘‘(i) has been inadequate to justify con4 tinuation of such waiver; or

5 ‘‘(ii) has decreased for two consecutive

6 years, unless the State educational agency

7 determines that the decrease in performance

8 was justified due to exceptional or uncon9 trollable circumstances.

10 ‘‘(5) OVERSIGHT AND REPORTING.—

11 ‘‘(A) OVERSIGHT.—Each State educational

12 agency participating in the educational flexi13 bility program under this section shall annually

14 monitor the activities of local educational agen15 cies and schools receiving waivers under this sec16 tion.

17 ‘‘(B) STATE REPORTS.—

18 ‘‘(i) ANNUAL REPORTS.—The State

19 educational agency shall submit to the Sec20 retary an annual report on the results of

21 such oversight and the impact of the waiv22 ers on school and student performance.

23 ‘‘(ii) PERFORMANCE DATA.—Not later

24 than 2 years after the date a State is des25 ignated an Ed-Flex Partnership State, each
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1 such State shall include, as part of the

2 State’s annual report submitted under

3 clause (i), data demonstrating the degree to

4 which progress has been made toward meet5 ing the State’s educational objectives. The

6 data, when applicable, shall include—

7 ‘‘(I) information on the total

8 number of waivers granted for Federal

9 and State statutory and regulatory re10 quirements under this section, includ11 ing the number of waivers granted for

12 each type of waiver;

13 ‘‘(II) information describing the

14 effect of the waivers on the implemen15 tation of State and local educational

16 reforms pertaining to school and stu17 dent performance;

18 ‘‘(III) information describing the

19 relationship of the waivers to the per20 formance of schools and students af21 fected by the waivers; and

22 ‘‘(IV) an assurance from State

23 program managers that the data re24 ported under this section are reliable,

25 complete, and accurate, as defined by
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1 the State, or a description of a plan

2 for improving the reliability, complete3 ness, and accuracy of such data as de4 fined by the State.

5 ‘‘(C) SECRETARY’S REPORTS.—The Sec6 retary, not later than 2 years after the date of

7 enactment of the Education Flexibility Partner8 ship Act of 1999 and annually thereafter, shall—

9 ‘‘(i) make each State report submitted

10 under subparagraph (B) available to Con11 gress and the public; and

12 ‘‘(ii) submit to Congress a report that

13 summarizes the State reports and describes

14 the effects that the educational flexibility

15 program under this section had on the im16 plementation of State and local educational

17 reforms and on the performance of students

18 affected by the waivers.

19 ‘‘(6) DURATION OF FEDERAL WAIVERS.—

20 ‘‘(A) IN GENERAL.—The Secretary shall not

21 approve the application of a State educational

22 agency under paragraph (3) for a period exceed23 ing 5 years, except that the Secretary may ex24 tend such period if the Secretary determines that

25 such agency’s authority to grant waivers—
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1 ‘‘(i) has been effective in enabling such

2 State or affected local educational agencies

3 or schools to carry out their State or local

4 reform plans and to continue to meet the

5 accountability requirement described in

6 paragraph (2)(C); and

7 ‘‘(ii) has improved student perform8 ance.

9 ‘‘(B) PERFORMANCE REVIEW.—Three years

10 after the date a State is designated an Ed-Flex

11 Partnership State, the Secretary shall review the

12 performance of the State educational agency in

13 granting waivers of Federal statutory or regu14 latory requirements as described in paragraph

15 (1)(A) and shall terminate such agency’s author16 ity to grant such waivers if the Secretary deter17 mines, after notice and an opportunity for a

18 hearing, that such agency’s performance (includ19 ing performance with respect to meeting the ob20 jectives described in paragraph (3)(A)(iii)) has

21 been inadequate to justify continuation of such

22 authority.

23 ‘‘(C) RENEWAL.—In deciding whether to ex24 tend a request for a State educational agency’s

25 authority to issue waivers under this section, the
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1 Secretary shall review the progress of the State

2 educational agency to determine if the State edu3 cational agency—

4 ‘‘(i) has made progress toward achiev5 ing the objectives described in the applica6 tion submitted pursuant to paragraph

7 (3)(A)(iii); and

8 ‘‘(ii) demonstrates in the request that

9 local educational agencies or schools affected

10 by the waiver authority or waivers have

11 made progress toward achieving the desired

12 results described in the application sub13 mitted pursuant to paragraph (4)(A)(iii).

14 ‘‘(7) AUTHORITY TO ISSUE WAIVERS.—Notwith15 standing any other provision of law, the Secretary is

16 authorized to carry out the educational flexibility

17 program under this section for each of the fiscal years

18 1999 through 2004.

19 ‘‘(8) PUBLIC NOTICE AND COMMENT.—Each

20 State educational agency seeking waiver authority

21 under this section and each local educational agency

22 seeking a waiver under this section—

23 ‘‘(A) shall provide the public with adequate

24 and efficient notice of the proposed waiver au25 thority or waiver, consisting of a description of
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1 the agency’s application for the proposed waiver

2 authority or waiver in a widely read or distrib3 uted medium, including a description of any im4 proved student performance that is expected to

5 result from the waiver authority or waiver;

6 ‘‘(B) shall provide the opportunity for par7 ents, educators, and all other interested members

8 of the community to comment regarding the pro9 posed waiver authority or waiver;

10 ‘‘(C) shall provide the opportunity described

11 in subparagraph (B) in accordance with any ap12 plicable State law specifying how the comments

13 may be received, and how the comments may be

14 reviewed by any member of the public; and

15 ‘‘(D) shall submit the comments received

16 with the agency’s application to the Secretary or

17 the State educational agency, as appropriate.

18 ‘‘(b) INCLUDED PROGRAMS.—The statutory or regu19 latory requirements referred to in subsection (a)(1)(A) are

20 any such requirements for programs carried out under the

21 following provisions:

22 ‘‘(1) Title I (other than subsections (a) and (c)

23 of section 1116).

24 ‘‘(2) Subparts 1, 2, and 3 of part A of title II.
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1 ‘‘(3) Subpart 2 of part A of title V (other than

2 section 5136).

3 ‘‘(4) Part A of title IV.

4 ‘‘(5) Part A of title VI.

5 ‘‘(6) Part C of title VII.

6 ‘‘(7) The Carl D. Perkins Vocational and Tech7 nical Education Act of 1998.

8 ‘‘(c) WAIVERS NOT AUTHORIZED.—The Secretary and

9 the State educational agency may not waive under sub10 section (a)(1)(A) any statutory or regulatory requirement—

11 ‘‘(1) relating to—

12 ‘‘(A) maintenance of effort;

13 ‘‘(B) comparability of services;

14 ‘‘(C) equitable participation of students and

15 professional staff in private schools;

16 ‘‘(D) parental participation and involve17 ment;

18 ‘‘(E) distribution of funds to States or to

19 local educational agencies;

20 ‘‘(F) serving eligible school attendance areas

21 in rank order under section 1113(a)(3);

22 ‘‘(G) the selection of a school attendance

23 area or school under subsections (a) and (b) of

24 section 1113, except that a State educational

25 agency may grant a waiver to allow a school at-
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1 tendance area or school to participate in activi2 ties under part A of title I if the percentage of

3 children from low-income families in the school

4 attendance area of such school or who attend

5 such school is not less than 10 percentage points

6 below the lowest percentage of such children for

7 any school attendance area or school of the local

8 educational agency that meets the requirements

9 of such subsections (a) and (b);

10 ‘‘(H) use of Federal funds to supplement,

11 not supplant, non-Federal funds; and

12 ‘‘(I) applicable civil rights requirements;

13 and

14 ‘‘(2) unless the underlying purposes of the statu15 tory requirements of the program for which a waiver

16 is granted continue to be met to the satisfaction of the

17 Secretary.

18 ‘‘(d) TREATMENT OF EXISTING ED-FLEX PARTNER19 SHIP STATES.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graphs (3) and (4), this section shall not apply to a

22 State educational agency that has been granted waiv23 er authority under the provisions of law described in

24 paragraph (2) (as such provisions were in effect on

25 the day before the date of enactment of the Edu-
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1 cational Opportunities Act) for the duration of the

2 waiver authority.

3 ‘‘(2) APPLICABLE PROVISIONS.—The provisions

4 of law referred to in paragraph (1) are as follows:

5 ‘‘(A) Section 311(e) of the Goals 2000: Edu6 cate America Act (as such section was in effect

7 on the day before the date of enactment of the

8 Educational Opportunities Act).

9 ‘‘(B) The proviso referring to such section

10 311(e) under the heading ‘EDUCATION REFORM’

11 in the Department of Education Appropriations

12 Act, 1996 (Public Law 104–134; 110 Stat. 1321–

13 229).

14 ‘‘(3) SPECIAL RULE.—If a State educational

15 agency granted waiver authority pursuant to the pro16 visions of law described in subparagraph (A) or (B)

17 of paragraph (2) applies to the Secretary for waiver

18 authority under this section—

19 ‘‘(A) the Secretary shall review the progress

20 of the State educational agency in achieving the

21 objectives set forth in the application submitted

22 pursuant to section 311(e) of the Goals 2000:

23 Educate America Act (as such section was in ef24 fect on the day before the date of enactment of

25 the Educational Opportunities Act); and
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1 ‘‘(B) the Secretary shall administer the

2 waiver authority granted under this section in

3 accordance with the requirements of this section.

4 ‘‘(4) TECHNOLOGY.—In the case of a State edu5 cational agency granted waiver authority under the

6 provisions of law described in subparagraph (A) or

7 (B) of paragraph (2), the Secretary shall permit a

8 State educational agency to expand, on or after the

9 date of the enactment of the Educational Opportuni10 ties Act, the waiver authority to include programs

11 under subpart 2 of part A of title V (other than sec12 tion 5136).

13 ‘‘(e) PUBLICATION.—A notice of the Secretary’s deci14 sion to authorize State educational agencies to issue waivers

15 under this section, including a description of the rationale

16 the Secretary used to approve applications under subsection

17 (a)(3)(B), shall be published in the Federal Register and

18 the Secretary shall provide for the dissemination of such

19 notice to State educational agencies, interested parties (in20 cluding educators, parents, students, and advocacy and

21 civil rights organizations), and the public.
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1 ‘‘PART D—FLEXIBILITY IN THE USE OF

2 ADMINISTRATIVE AND OTHER FUNDS

3 ‘‘SEC. 6401. CONSOLIDATION OF STATE ADMINISTRATIVE

4 FUNDS FOR ELEMENTARY AND SECONDARY

5 EDUCATION PROGRAMS.

6 ‘‘(a) CONSOLIDATION OF ADMINISTRATIVE FUNDS.—

7 ‘‘(1) IN GENERAL.—A State educational agency

8 may consolidate the amounts specifically made avail9 able to such agency for State administration under

10 one or more of the programs specified under para11 graph (2) if such State educational agency can dem12 onstrate that the majority of such agency’s resources

13 come from non-Federal sources.

14 ‘‘(2) APPLICABILITY.—This section applies to

15 programs under title I, those covered programs de16 scribed in subparagraphs (C), (D), (E), and (F) of

17 section 3(10).

18 ‘‘(b) USE OF FUNDS.—

19 ‘‘(1) IN GENERAL.—A State educational agency

20 shall use the amount available under this section for

21 the administration of the programs included in the

22 consolidation under subsection (a).

23 ‘‘(2) ADDITIONAL USES.—A State educational

24 agency may also use funds available under this sec25 tion for administrative activities designed to enhance

26 the effective and coordinated use of funds under the
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1 programs included in the consolidation under sub2 section (a), such as—

3 ‘‘(A) the coordination of such programs

4 with other Federal and non-Federal programs;

5 ‘‘(B) the establishment and operation of

6 peer-review mechanisms under this Act;

7 ‘‘(C) the coordinated administration of such

8 programs;

9 ‘‘(D) the dissemination of information re10 garding model programs and practices; and

11 ‘‘(E) technical assistance under programs

12 specified in subsection (a)(2).

13 ‘‘(c) RECORDS.—A State educational agency that con14 solidates administrative funds under this section shall not

15 be required to keep separate records, by individual program,

16 to account for costs relating to the administration of pro17 grams included in the consolidation under subsection (a).

18 ‘‘(d) REVIEW.—To determine the effectiveness of State

19 administration under this section, the Secretary may peri20 odically review the performance of State educational agen21 cies in using consolidated administrative funds under this

22 section and take such steps as the Secretary finds appro23 priate to ensure the effectiveness of such administration.

24 ‘‘(e) UNUSED ADMINISTRATIVE FUNDS.—If a State

25 educational agency does not use all of the funds available
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1 to such agency under this section for administration, such

2 agency may use such funds during the applicable period

3 of availability as funds available under one or more pro4 grams included in the consolidation under subsection (a).

5 ‘‘(f) CONSOLIDATION OF FUNDS FOR STANDARDS AND

6 ASSESSMENT DEVELOPMENT.—In order to develop chal7 lenging State standards and assessments, a State edu8 cational agency may consolidate the amounts made avail9 able to such agency for such purposes under title I of this

10 Act.

11 ‘‘SEC. 6402. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

12 ‘‘A State educational agency that also serves as a local

13 educational agency, in such agency’s applications or plans

14 under this Act, shall describe how such agency will elimi15 nate duplication in the conduct of administrative functions.

16 ‘‘SEC. 6403. CONSOLIDATION OF FUNDS FOR LOCAL ADMIN17 ISTRATION.

18 ‘‘(a) GENERAL AUTHORITY.—In accordance with regu19 lations of the Secretary, a local educational agency, with

20 the approval of its State educational agency, may consoli21 date and use for the administration of one or more covered

22 programs for any fiscal year not more than the percentage,

23 established in each covered program, of the total amount

24 available to the local educational agency under such covered

25 programs.
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1 ‘‘(b) STATE PROCEDURES.—Not later than one year

2 after the date of enactment of the Educational Opportuni3 ties Act, a State educational agency shall, in collaboration

4 with local educational agencies in the State, establish proce5 dures for responding to requests from local educational

6 agencies to consolidate administrative funds under sub7 section (a) and for establishing limitations on the amount

8 of funds under covered programs that may be used for ad9 ministration on a consolidated basis.

10 ‘‘(c) CONDITIONS.—A local educational agency that

11 consolidates administrative funds under this section for any

12 fiscal year shall not use any other funds under the programs

13 included in the consolidation for administration for that

14 fiscal year.

15 ‘‘(d) USES OF ADMINISTRATIVE FUNDS.—A local edu16 cational agency that consolidates administrative funds

17 under this section may use such consolidated funds for the

18 administration of covered programs and for the uses de19 scribed in section 6401(b)(2).

20 ‘‘(e) RECORDS.—A local educational agency that con21 solidates administrative funds under this section shall not

22 be required to keep separate records, by individual covered

23 program, to account for costs relating to the administration

24 of covered programs included in the consolidation.
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1 ‘‘SEC. 6404. ADMINISTRATIVE FUNDS EVALUATION.

2 ‘‘(a) FEDERAL FUNDS EVALUATION.—

3 ‘‘(1) IN GENERAL.—The Secretary shall conduct

4 an evaluation of the use of funds under this Act for

5 the administration, by State and local educational

6 agencies, of all covered programs, including the per7 centage of grant funds used for such purpose in all

8 covered programs. The evaluation shall examine—

9 ‘‘(A) the methods employed by schools, local

10 educational agencies, and State educational

11 agencies to reduce administrative expenses and

12 maximize the use of funds for activities directly

13 affecting student learning; and

14 ‘‘(B) the steps which may be taken to assist

15 schools, local educational agencies, and State

16 educational agencies to account for and reduce

17 administrative expenses.

18 ‘‘(2) STATE DATA.—Beginning in fiscal year

19 2001 and each succeeding fiscal year thereafter, each

20 State educational agency which receives funds under

21 title I shall submit to the Secretary a report on the

22 use of title I funds for the State administration of ac23 tivities assisted under title I. Such report shall in24 clude the proportion of State administrative funds

25 provided under section 1603 that are expended for—
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1 ‘‘(A) basic program operation and compli2 ance monitoring;

3 ‘‘(B) statewide program services such as de4 velopment of standards and assessments, cur5 riculum development, and program evaluation;

6 and

7 ‘‘(C) technical assistance and other direct

8 support to local educational agencies and schools.

9 ‘‘(3) FEDERAL FUNDS EVALUATION REPORT.—

10 The Secretary shall complete the evaluation conducted

11 under this section not later than July 1, 2004, and

12 shall submit to the President and the appropriate

13 committees of Congress a report regarding such eval14 uation within 30 days of the completion of such eval15 uation.

16 ‘‘SEC. 6405. CONSOLIDATED SET-ASIDE FOR DEPARTMENT

17 OF THE INTERIOR FUNDS.

18 ‘‘(a) GENERAL AUTHORITY.—

19 ‘‘(1) TRANSFER.—The Secretary shall transfer to

20 the Department of the Interior, as a consolidated

21 amount for covered programs, the Indian education

22 programs under part A of title IX, and the education

23 for homeless children and youth program under sub24 title B of title VII of the Stewart B. McKinney Home-
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•S 2 RS

1 less Assistance Act, the amounts allotted to the De2 partment of the Interior under those programs.

3 ‘‘(2) AGREEMENT.—

4 ‘‘(A) IN GENERAL.—The Secretary and the

5 Secretary of the Interior shall enter into an

6 agreement, consistent with the requirements of

7 the programs specified in paragraph (1), for the

8 distribution and use of those program funds

9 under terms that the Secretary determines best

10 meet the purposes of those programs.

11 ‘‘(B) REQUIREMENTS.—The agreement

12 shall—

13 ‘‘(i) set forth the plans of the Secretary

14 of the Interior for the use of the amount

15 transferred, the steps to be taken to achieve

16 America’s Education Goals, and perform17 ance measures to assess program effective18 ness, including measurable goals and objec19 tives; and

20 ‘‘(ii) be developed in consultation with

21 Indian tribes.

22 ‘‘(b) ADMINISTRATION.—The Department of the Inte23 rior may use not more than 1.5 percent of the funds consoli24 dated under this section for such department’s costs related
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1 to the administration of the funds transferred under this

2 section.

3 ‘‘SEC. 6406. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

4 ‘‘(a) UNNEEDED PROGRAM FUNDS.—With the ap5 proval of its State educational agency, a local educational

6 agency that determines for any fiscal year that funds under

7 a covered program (other than part A of title I) are not

8 needed for the purpose of that covered program, may use

9 such funds, not to exceed five percent of the total amount

10 of such local educational agency’s funds under that covered

11 program, for the purpose of another covered program.

12 ‘‘(b) COORDINATION OF SERVICES.—A local edu13 cational agency, individual school, or consortium of schools

14 may use a total of not more than five percent of the funds

15 such agency, school, or consortium, respectively, receives

16 under this part for the establishment and implementation

17 of a coordinated services project.

18 ‘‘PART E—COORDINATION OF PROGRAMS; CON19 SOLIDATED STATE AND LOCAL PLANS AND

20 APPLICATIONS

21 ‘‘SEC. 6501. PURPOSE.

22 ‘‘It is the purpose of this part to improve teaching and

23 learning by encouraging greater cross-program coordina24 tion, planning, and service delivery under this Act and en-
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1 hanced integration of programs under this Act with edu2 cational activities carried out with State and local funds.

3 ‘‘SEC. 6502. OPTIONAL CONSOLIDATED STATE PLANS OR AP4 PLICATIONS.

5 ‘‘(a) GENERAL AUTHORITY.—

6 ‘‘(1) SIMPLIFICATION.—In order to simplify ap7 plication requirements and reduce the burden for

8 State educational agencies under this Act, the Sec9 retary, in accordance with subsection (b), shall estab10 lish procedures and criteria under which a State edu11 cational agency may submit a consolidated State

12 plan or a consolidated State application meeting the

13 requirements of this section for—

14 ‘‘(A) each of the covered programs in which

15 the State participates; and

16 ‘‘(B) the additional programs described in

17 paragraph (2).

18 ‘‘(2) ADDITIONAL PROGRAMS.—A State edu19 cational agency may also include in its consolidated

20 State plan or consolidated State application—

21 ‘‘(A) the Even Start program under part B

22 of title I;

23 ‘‘(B) the Prevention and Intervention Pro24 grams for Youth Who Are Neglected, Delinquent,
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•S 2 RS

1 or At-Risk of Dropping Out under part D of

2 title I;

3 ‘‘(C) programs under Public Law 103–239;

4 and

5 ‘‘(D) such other programs as the Secretary

6 may designate.

7 ‘‘(3) CONSOLIDATED APPLICATIONS AND

8 PLANS.—A State educational agency that submits a

9 consolidated State plan or a consolidated State appli10 cation under this section shall not be required to sub11 mit separate State plans or applications under any

12 of the programs to which the consolidated State plan

13 or consolidated State application under this section

14 applies.

15 ‘‘(b) COLLABORATION.—

16 ‘‘(1) IN GENERAL.—In establishing criteria and

17 procedures under this section, the Secretary shall col18 laborate with State educational agencies and, as ap19 propriate, with other State agencies, local educational

20 agencies, public and private nonprofit agencies, orga21 nizations, and institutions, private schools, and rep22 resentatives of parents, students, and teachers.

23 ‘‘(2) CONTENTS.—Through the collaborative

24 process described in subsection (b)(1), the Secretary

25 shall establish, for each program under this Act to
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1 which this section applies, the descriptions, informa2 tion, assurances, and other material required to be in3 cluded in a consolidated State plan or consolidated

4 State application.

5 ‘‘(3) NECESSARY MATERIALS.—The Secretary

6 shall require only descriptions, information, assur7 ances, and other materials that are absolutely nec8 essary for the consideration of the consolidated State

9 plan or consolidated State application.

10 ‘‘SEC. 6503. GENERAL APPLICABILITY OF STATE EDU11 CATIONAL AGENCY ASSURANCES.

12 ‘‘(a) ASSURANCES.—A State educational agency that

13 submits a consolidated State plan or consolidated State ap14 plication under this Act, whether separately or under sec15 tion 6502, shall have on file with the Secretary a single

16 set of assurances, applicable to each program for which such

17 plan or application is submitted, that provides that—

18 ‘‘(1) each such program will be administered in

19 accordance with all applicable statutes, regulations,

20 program plans, and applications;

21 ‘‘(2)(A) the control of funds provided under each

22 such program and title to property acquired with

23 program funds will be in a public agency, in a non24 profit private agency, institution, or organization, or
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1 in an Indian tribe if the law authorizing the program

2 provides for assistance to such entities; and

3 ‘‘(B) the public agency, nonprofit private agen4 cy, institution, or organization, or Indian tribe will

5 administer such funds and property to the extent re6 quired by the authorizing law;

7 ‘‘(3) the State will adopt and use proper methods

8 of administering each such program, including—

9 ‘‘(A) the enforcement of any obligations im10 posed by law on agencies, institutions, organiza11 tions, and other recipients responsible for car12 rying out each program;

13 ‘‘(B) the correction of deficiencies in pro14 gram operations that are identified through au15 dits, monitoring, or evaluation; and

16 ‘‘(C) the adoption of written procedures for

17 the receipt and resolution of complaints alleging

18 violations of law in the administration of such

19 programs;

20 ‘‘(4) the State will cooperate in carrying out any

21 evaluation of each such program conducted by or for

22 the Secretary or other Federal officials;

23 ‘‘(5) the State will use such fiscal control and

24 fund accounting procedures as will ensure proper dis-
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1 bursement of, and accounting for, Federal funds paid

2 to the State under each such program;

3 ‘‘(6) the State will—

4 ‘‘(A) make reports to the Secretary as may

5 be necessary to enable the Secretary to perform

6 the Secretary’s duties under each such program;

7 and

8 ‘‘(B) maintain such records, provide such

9 information to the Secretary, and afford access

10 to the records as the Secretary may find nec11 essary to carry out the Secretary’s duties; and

12 ‘‘(7) before the plan or application was sub13 mitted to the Secretary, the State has afforded a rea14 sonable opportunity for public comment on the plan

15 or application and has considered such comment.

16 ‘‘(b) GEPA PROVISION.—Section 441 of the General

17 Education Provisions Act shall not apply to this part.

18 ‘‘SEC. 6504. ADDITIONAL COORDINATION.

19 ‘‘(a) ADDITIONAL COORDINATION.—In order to explore

20 ways for State educational agencies to reduce administra21 tive burdens and promote the coordination of the education

22 services of this Act with other health and social service pro23 grams administered by such agencies, the Secretary is di24 rected to seek agreements with other Federal agencies (in25 cluding the Departments of Health and Human Services,
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1 Justice, Labor and Agriculture) for the purpose of estab2 lishing procedures and criteria under which a State edu3 cational agency would submit a consolidated State plan or

4 consolidated State application that meets the requirements

5 of the covered programs.

6 ‘‘(b) REPORT.—The Secretary shall report to the rel7 evant committees of Congress not later than 6 months after

8 the date of enactment of the Educational Opportunities Act.

9 ‘‘SEC. 6505. CONSOLIDATED LOCAL PLANS OR APPLICA10 TIONS.

11 ‘‘(a) GENERAL AUTHORITY.—A local educational

12 agency receiving funds under more than one covered pro13 gram may submit plans or applications to the State edu14 cational agency under such programs on a consolidated

15 basis.

16 ‘‘(b) REQUIRED CONSOLIDATED PLANS OR APPLICA17 TIONS.—A State educational agency that has submitted and

18 had approved a consolidated State plan or application

19 under section 6502 may require local educational agencies

20 in the State receiving funds under more than one program

21 included in the consolidated State plan or consolidated

22 State application to submit consolidated local plans or ap23 plications under such programs.

24 ‘‘(c) COLLABORATION.—A State educational agency

25 shall collaborate with local educational agencies in the State
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1 in establishing procedures for the submission of the consoli2 dated State plans or consolidated State applications under

3 this section.

4 ‘‘(d) NECESSARY MATERIALS.—The State educational

5 agency shall require only descriptions, information, assur6 ances, and other material that are absolutely necessary for

7 the consideration of the local educational agency plan or

8 application.

9 ‘‘SEC. 6506. OTHER GENERAL ASSURANCES.

10 ‘‘(a) ASSURANCES.—Any applicant other than a State

11 educational agency that submits a plan or application

12 under this Act, whether separately or pursuant to section

13 6504, shall have on file with the State educational agency

14 a single set of assurances, applicable to each program for

15 which a plan or application is submitted, that provides

16 that—

17 ‘‘(1) each such program will be administered in

18 accordance with all applicable statutes, regulations,

19 program plans, and applications;

20 ‘‘(2)(A) the control of funds provided under each

21 such program and title to property acquired with

22 program funds will be in a public agency or in a

23 nonprofit private agency, institution, organization, or

24 Indian tribe, if the law authorizing the program pro25 vides for assistance to such entities; and
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1 ‘‘(B) the public agency, nonprofit private agen2 cy, institution, or organization, or Indian tribe will

3 administer such funds and property to the extent re4 quired by the authorizing statutes;

5 ‘‘(3) the applicant will adopt and use proper

6 methods of administering each such program,

7 including—

8 ‘‘(A) the enforcement of any obligations im9 posed by law on agencies, institutions, organiza10 tions, and other recipients responsible for car11 rying out each program; and

12 ‘‘(B) the correction of deficiencies in pro13 gram operations that are identified through au14 dits, monitoring, or evaluation;

15 ‘‘(4) the applicant will cooperate in carrying out

16 any evaluation of each such program conducted by or

17 for the State educational agency, the Secretary or

18 other Federal officials;

19 ‘‘(5) the applicant will use such fiscal control

20 and fund accounting procedures as will ensure proper

21 disbursement of, and accounting for, Federal funds

22 paid to such applicant under each such program;

23 ‘‘(6) the applicant will—

24 ‘‘(A) make reports to the State educational

25 agency and the Secretary as may be necessary to
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1 enable such agency and the Secretary to perform

2 their duties under each such program; and

3 ‘‘(B) maintain such records, provide such

4 information, and afford access to the records as

5 the State educational agency or the Secretary

6 may find necessary to carry out the State edu7 cational agency’s or the Secretary’s duties; and

8 ‘‘(7) before the application was submitted, the

9 applicant afforded a reasonable opportunity for pub10 lic comment on the application and has considered

11 such comment.

12 ‘‘(b) GEPA PROVISION.—Section 442 of the General

13 Education Provisions Act shall not apply to this part.

14 ‘‘SEC. 6507. RELATIONSHIP OF STATE AND LOCAL PLANS TO

15 OTHER PLANS.

16 ‘‘(a) STATE PLANS.—Each State plan submitted under

17 the following programs shall be integrated with each other

18 and the State’s improvement plan, if any, either approved

19 or being developed, under Public Law 103–239, and the

20 Carl D. Perkins Vocational and Technical Education Act

21 of 1998:

22 ‘‘(1) Part A of title I (helping disadvantaged

23 children meet high standards).

24 ‘‘(2) Part C of title I (education of migratory

25 children).
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1 ‘‘(3) Title II (professional development).

2 ‘‘(4) Title IV (safe and drug-free schools).

3 ‘‘(5) Part A of title VI (innovative education

4 program strategies).

5 ‘‘(6) Subpart 4 of part A of title IX (Indian edu6 cation).

7 ‘‘(b) LOCAL PLANS.—

8 ‘‘(1) IN GENERAL.—Each local educational agen9 cy plan submitted under the following programs shall

10 be integrated with each other:

11 ‘‘(A) Part A of title I (helping disadvan12 taged children meet high standards).

13 ‘‘(B) Title II (professional development).

14 ‘‘(C) Title IV (safe and drug-free schools).

15 ‘‘(D) Part A of title VI (innovative edu16 cation program strategies).

17 ‘‘(E) Subpart 1 of part A of title VII (bilin18 gual education).

19 ‘‘(F) Part C of title VII (emergency immi20 grant education).

21 ‘‘(G) Subpart 4 of part A of title IX (In22 dian education).

23 ‘‘(2) PLAN OF OPERATION.—Each plan of oper24 ation included in an application submitted by an eli25 gible entity under part B of title I (Even Start) shall
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1 be consistent with, and promote the goals of the State

2 plan under section 1111 and the local educational

3 agency plan under section 1112.

4 ‘‘PART F—WAIVERS

5 ‘‘SEC. 6601. WAIVERS OF STATUTORY AND REGULATORY RE6 QUIREMENTS.

7 ‘‘(a) IN GENERAL.—Except as provided in subsection

8 (c), the Secretary may waive any statutory or regulatory

9 requirement of this Act for a State educational agency, local

10 educational agency, Indian tribe, or school through a local

11 educational agency, that—

12 ‘‘(1) receives funds under a program authorized

13 by this Act; and

14 ‘‘(2) requests a waiver under subsection (b).

15 ‘‘(b) REQUEST FOR WAIVER.—

16 ‘‘(1) IN GENERAL.—A State educational agency,

17 local educational agency, or Indian tribe which de18 sires a waiver shall submit a waiver request to the

19 Secretary that—

20 ‘‘(A) identifies the Federal programs af21 fected by such requested waiver;

22 ‘‘(B) describes which Federal requirements

23 are to be waived and how the waiving of such re24 quirements will—
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1 ‘‘(i) increase the quality of instruction

2 for students; or

3 ‘‘(ii) improve the academic perform4 ance of students;

5 ‘‘(C) if applicable, describes which similar

6 State and local requirements will be waived and

7 how the waiving of such requirements will assist

8 the local educational agencies, Indian tribes or

9 schools, as appropriate, to achieve the objectives

10 described in clauses (i) and (ii) of subparagraph

11 (B);

12 ‘‘(D) describes specific, measurable edu13 cational improvement goals and expected out14 comes for all affected students;

15 ‘‘(E) describes the methods to be used to

16 measure progress in meeting such goals and out17 comes; and

18 ‘‘(F) describes how schools will continue to

19 provide assistance to the same populations served

20 by programs for which waivers are requested.

21 ‘‘(2) ADDITIONAL INFORMATION.—Such

22 requests—

23 ‘‘(A) may provide for waivers of require24 ments applicable to State educational agencies,
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1 local educational agencies, Indian tribes, and

2 schools; and

3 ‘‘(B) shall be developed and submitted—

4 ‘‘(i)(I) by local educational agencies

5 (on behalf of such agencies and schools) to

6 State educational agencies; and

7 ‘‘(II) by State educational agencies (on

8 behalf of, and based upon the requests of,

9 local educational agencies) to the Secretary;

10 or

11 ‘‘(ii) by Indian tribes (on behalf of

12 schools operated by such tribes) to the Sec13 retary.

14 ‘‘(3) GENERAL REQUIREMENTS.—

15 ‘‘(A) STATE EDUCATIONAL AGENCIES.—In

16 the case of a waiver request submitted by a State

17 educational agency acting in its own behalf, the

18 State educational agency shall—

19 ‘‘(i) provide all interested local edu20 cational agencies in the State with notice

21 and a reasonable opportunity to comment

22 on the request;

23 ‘‘(ii) submit the comments to the Sec24 retary; and
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1 ‘‘(iii) provide notice and information

2 to the public regarding the waiver request

3 in the manner that the applying agency

4 customarily provides similar notices and

5 information to the public.

6 ‘‘(B) LOCAL EDUCATIONAL AGENCIES.—In

7 the case of a waiver request submitted by a local

8 educational agency that receives funds under this

9 Act—

10 ‘‘(i) such request shall be reviewed by

11 the State educational agency and be accom12 panied by the comments, if any, of such

13 State educational agency; and

14 ‘‘(ii) notice and information regarding

15 the waiver request shall be provided to the

16 public by the agency requesting the waiver

17 in the manner that such agency customarily

18 provides similar notices and information to

19 the public.

20 ‘‘(c) RESTRICTIONS.—The Secretary shall not waive

21 under this section any statutory or regulatory requirements

22 relating to—

23 ‘‘(1) the allocation or distribution of funds to

24 States, local educational agencies, or other recipients

25 of funds under this Act;
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1 ‘‘(2) maintenance of effort;

2 ‘‘(3) comparability of services;

3 ‘‘(4) use of Federal funds to supplement, not sup4 plant, non-Federal funds;

5 ‘‘(5) equitable participation of private school stu6 dents and teachers;

7 ‘‘(6) parental participation and involvement;

8 ‘‘(7) applicable civil rights requirements;

9 ‘‘(8) the requirement for a charter school under

10 part D of title V;

11 ‘‘(9) the prohibitions regarding—

12 ‘‘(A) State aid in section 10102; or

13 ‘‘(B) use of funds for religious worship or

14 instruction in section 10107; or

15 ‘‘(10) the selection of a school attendance area or

16 school under subsections (a) and (b) of section 1113,

17 except that the Secretary may grant a waiver to allow

18 a school attendance area or school to participate in

19 activities under part A of title I if the percentage of

20 children from low-income families in the school at21 tendance area of such school or who attend such school

22 is not less than 10 percentage points below the lowest

23 percentage of such children for any school attendance

24 area or school of the local educational agency that
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1 meets the requirements of such subsections (a) and

2 (b).

3 ‘‘(d) DURATION AND EXTENSION OF WAIVER.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the duration of a waiver approved by the

6 Secretary under this section may be for a period not

7 to exceed three years.

8 ‘‘(2) EXTENSION.—The Secretary may extend the

9 period described in paragraph (1) if the Secretary de10 termines that—

11 ‘‘(A) the waiver has been effective in ena12 bling the State or affected recipients to carry out

13 the activities for which the waiver was requested

14 and the waiver has contributed to improved stu15 dent performance; and

16 ‘‘(B) such extension is in the public interest.

17 ‘‘(e) REPORTS.—

18 ‘‘(1) LOCAL WAIVER.—A local educational agen19 cy that receives a waiver under this section shall at

20 the end of the second year for which a waiver is re21 ceived under this section, and each subsequent year,

22 submit a report to the State educational agency

23 that—

24 ‘‘(A) describes the uses of such waiver by

25 such agency or by schools;
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1 ‘‘(B) describes how schools continued to pro2 vide assistance to the same populations served by

3 the programs for which waivers are requested;

4 and

5 ‘‘(C) evaluates the progress of such agency

6 and of schools in improving the quality of in7 struction or the academic performance of stu8 dents.

9 ‘‘(2) STATE WAIVER.—A State educational agen10 cy that receives reports required under paragraph (1)

11 shall annually submit a report to the Secretary that

12 is based on such reports and contains such informa13 tion as the Secretary may require.

14 ‘‘(3) INDIAN TRIBE WAIVER.—An Indian tribe

15 that receives a waiver under this section shall annu16 ally submit a report to the Secretary that—

17 ‘‘(A) describes the uses of such waiver by

18 schools operated by such tribe; and

19 ‘‘(B) evaluates the progress of such schools

20 in improving the quality of instruction or the

21 academic performance of students.

22 ‘‘(4) REPORT TO CONGRESS.—Beginning in fis23 cal year 2001 and each subsequent year, the Secretary

24 shall submit to the Committee on Education and the

25 Workforce of the House of Representatives and the
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1 Committee on Health, Education, Labor, and Pen2 sions of the Senate a report—

3 ‘‘(A) summarizing the uses of waivers by

4 State educational agencies, local educational

5 agencies, Indian tribes, and schools; and

6 ‘‘(B) describing whether such waivers—

7 ‘‘(i) increased the quality of instruc8 tion to students; or

9 ‘‘(ii) improved the academic perform10 ance of students.

11 ‘‘(f) TERMINATION OF WAIVERS.—The Secretary shall

12 terminate a waiver under this section if the Secretary deter13 mines that the performance of the State or other recipient

14 affected by the waiver has been inadequate to justify a con15 tinuation of the waiver or if the waiver is no longer nec16 essary to achieve its original purposes.

17 ‘‘(g) PUBLICATION.—A notice of the Secretary’s deci18 sion to grant each waiver under subsection (a) shall be pub19 lished in the Federal Register and the Secretary shall pro20 vide for the dissemination of such notice to State edu21 cational agencies, interested parties, including educators,

22 parents, students, advocacy and civil rights organizations,

23 and the public.
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1 ‘‘PART G—EDUCATION PERFORMANCE

2 PARTNERSHIPS

3 ‘‘SEC. 6701. SHORT TITLE.

4 ‘‘This part may be cited as the ‘Education Perform5 ance Partnerships Act’.

6 ‘‘SEC. 6702. PURPOSE.

7 The purpose of this part is to create options for States

8 and communities—

9 ‘‘(1) to improve the academic achievement of all

10 students, and to focus the resources of the Federal

11 Government on such achievement;

12 ‘‘(2) to give States and communities maximum

13 flexibility in determining how to boost academic

14 achievement and implement education reforms;

15 ‘‘(3) to hold States and communities accountable

16 for boosting the academic achievement of all students,

17 especially disadvantaged children;

18 ‘‘(4) to narrow achievement gaps between the

19 lowest and highest performing groups of students so

20 that no child is left behind;

21 ‘‘(5) to give States and local school districts

22 maximum flexibility to determine how to educate stu23 dents in return for standards of accountability that

24 exceed the requirements of existing Federal law.
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1 ‘‘SEC. 6703. PERFORMANCE PARTNERSHIP AGREEMENTS.

2 ‘‘(a) AGREEMENT AUTHORIZED.—A State may, at the

3 option of the State, execute a performance partnership

4 agreement with the Secretary under which the provisions

5 of law described in section 6704(a) shall not apply to such

6 State except as otherwise provided in this part.

7 ‘‘(b) DETERMINATION OF STATE PARTICIPATION.—The

8 Governor of a State, in consultation with the individual

9 or body responsible for the education programs of the State

10 under State law, shall determine whether the State shall

11 participate in a performance partnership agreement.

12 ‘‘(c) APPROVAL OF PERFORMANCE PARTNERSHIP

13 AGREEMENT.—

14 ‘‘(1) IN GENERAL.—A performance partnership

15 agreement submitted to the Secretary under this sec16 tion shall be approved by the Secretary unless the

17 Secretary provides a written notification, within 60

18 days after receiving the performance partnership

19 agreement, that identifies areas of the agreement that

20 do not comply with the provisions of this part but

21 that are subject to negotiation under paragraph (2).

22 ‘‘(2) NEGOTIATIONS.—

23 ‘‘(A) IN GENERAL.—Not later than 4

24 months after the date on which a notification is

25 provided to a State under paragraph (1), the

26 Secretary shall complete negotiations with the
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1 State concerning the areas of noncompliance

2 identified in the notification.

3 ‘‘(B) PEER REVIEW.—If the Secretary and

4 the State do not complete negotiations within the

5 4-month period described in subparagraph (A),

6 the proposed performance partnership agreement

7 involved shall be subject to peer review, except

8 that such 4-month period may be extended for an

9 additional 30 days if the Secretary and the State

10 agree to such a continuance.

11 ‘‘(3) RESUBMISSION.—A State may resubmit a

12 performance partnership agreement at any time after

13 such agreement is rejected by the Secretary. If the

14 Secretary rejects a performance partnership agree15 ment, a State shall have the opportunity to request

16 peer review of the rejection.

17 ‘‘(4) PEER REVIEW.—

18 ‘‘(A) ESTABLISHMENT OF COMMITTEE.—

19 The Secretary shall establish a peer review com20 mittee to conduct a review of a performance

21 partnership agreement as provided for under

22 paragraph (2)(B) or (3).

23 ‘‘(B) REVIEWERS.—The committee shall be

24 composed of 7 members, of which—
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1 ‘‘(i) 2 members shall be appointed by

2 the State submitting the agreement;

3 ‘‘(ii) 2 members shall be appointed by

4 the Secretary; and

5 ‘‘(iii) 3 members shall be appointed by

6 the National Academy of Sciences.

7 ‘‘(C) RESPONSIBILITIES.—The committee

8 shall review the agreement and, at the discretion

9 of the committee, conduct a site visit.

10 ‘‘(D) RECOMMENDATIONS.—The committee

11 shall make advisory recommendations to the Sec12 retary and the State regarding the agreement,

13 not later than 60 days after receiving the agree14 ment.

15 ‘‘(E) DECISION.—

16 ‘‘(i) IN GENERAL.—Except as provided

17 in clause (ii), not later than 30 days after

18 receiving the recommendations, the Sec19 retary shall decide whether to approve the

20 agreement.

21 ‘‘(ii) CONTINUED NEGOTIATIONS.—Ne22 gotiations on the agreement may continue

23 for as long as the Secretary and the State

24 agree.
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1 ‘‘(d) TERMS OF PERFORMANCE PARTNERSHIP.—Each

2 performance partnership agreement executed pursuant to

3 this part shall meet the following requirements:

4 ‘‘(1) TERM.—The agreement shall contain a

5 statement that the term of the performance partner6 ship agreement may be not more than 5 years.

7 ‘‘(2) APPLICATION OF PROGRAM REQUIRE8 MENTS.—The agreement shall state that no program

9 requirements of any program included in the per10 formance partnership agreement shall apply to activi11 ties carried out with the program funds, except as

12 otherwise provided in this part.

13 ‘‘(3) LIST.—The agreement shall include a list,

14 provided by the State, of the programs that the State

15 wishes to include in the performance partnership

16 agreement.

17 ‘‘(4) USE OF FUNDS TO IMPROVE STUDENT

18 ACHIEVEMENT.—The agreement shall contain a 5-

19 year plan describing how the State intends to com20 bine and use the funds from programs included in the

21 performance partnership agreement to advance the

22 education priorities of the State, improve student

23 achievement, and narrow achievement gaps between

24 groups of students.
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1 ‘‘(5) OPPORTUNITY FOR PUBLIC REVIEW AND

2 COMMENT.—The agreement shall include information

3 that demonstrates that the State has, as provided for

4 under the laws of the State, provided parents, teach5 ers, and local educational agencies with notice and an

6 opportunity to comment on a proposed performance

7 partnership agreement prior to the submission of such

8 agreement to the Secretary.

9 ‘‘(6) ACCOUNTABILITY SYSTEM REQUIRE10 MENTS.—If the State includes any program under

11 part A of title I in the performance partnership

12 agreement the State shall include a certification

13 that—

14 ‘‘(A)(i) the State has developed and imple15 mented the challenging State content standards,

16 challenging State student performance standards,

17 and aligned assessments described in section

18 1111(b); or

19 ‘‘(ii) the State has developed and imple20 mented a system to measure the degree of change

21 from 1 school year to the next in student per22 formance on such aligned assessments;

23 ‘‘(B) the State has established a system

24 under which assessment information obtained

25 through an assessment or measurement described
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1 in subparagraph (A) is disaggregated by race,

2 ethnicity, English proficiency status, and socio3 economic status for the State, each local edu4 cational agency, and each school, except that

5 such disaggregation shall not be required in cases

6 in which—

7 ‘‘(i) the number of students in any

8 group that would result would be insuffi9 cient to yield statistically reliable informa10 tion; or

11 ‘‘(ii) the disaggregated information

12 would reveal the identity of an individual

13 student;

14 ‘‘(C) the State has established specific,

15 measurable, student performance objectives for

16 determining adequate yearly progress (referred to

17 in this part as ‘performance objectives’),

18 including—

19 ‘‘(i) a definition of performance con20 sidered to be adequate and inadequate by

21 the State on the assessment or measurement

22 instruments described in subparagraph (A)

23 (and (B)), for all students; and

24 ‘‘(ii) the objective of improving the per25 formance of all student groups and nar-
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1 rowing gaps in achievement between the

2 lowest and highest performing students; and

3 ‘‘(D) the State has developed and imple4 mented a statewide system for holding local edu5 cational agencies and schools in the State ac6 countable for student performance on the per7 formance objectives that includes—

8 ‘‘(i) a procedure for identifying local

9 educational agencies and schools in need of

10 improvement;

11 ‘‘(ii) a procedure for assisting and

12 building capacity in local educational agen13 cies and schools identified as needing im14 provement, to improve teaching and learn15 ing; and

16 ‘‘(iii) a procedure for implementing

17 corrective actions if the provision of assist18 ance and capacity building described in

19 clause (ii) is not effective.

20 ‘‘(7) PERFORMANCE GOALS.—

21 ‘‘(A) STUDENT ACHIEVEMENT DATA.—Each

22 State shall establish, and include in the agree23 ment, student performance goals for the 5-year

24 term of the agreement that, at a minimum—
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1 ‘‘(i) establish a single high standard of

2 performance for all students;

3 ‘‘(ii) take into account the progress of

4 students from every local educational agen5 cy and school in the State participating in

6 a program subject to the performance part7 nership agreement;

8 ‘‘(iii) measure changes in the percent9 ages of students at selected grade levels

10 meeting specified proficiency levels of

11 achievement (established by the State) in

12 each year of the performance partnership

13 agreement, compared to such percentages in

14 the baseline year (as described in subpara15 graph (C));

16 ‘‘(iv) set annual goals for improving

17 the performance of each group specified in

18 paragraph (6)(B) and for narrowing gaps

19 in performance between the highest and low20 est performing students in accordance with

21 section 6710(b); and

22 ‘‘(v) require all students served by a

23 local educational agency or school in the

24 State participating in a program subject to
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1 the performance partnership agreement to

2 make substantial gains in achievement.

3 ‘‘(B) ADDITIONAL PERFORMANCE INDICA4 TORS.—A State may identify in the performance

5 partnership agreement any additional perform6 ance indicator such as graduation, dropout, or

7 attendance rates.

8 ‘‘(C) BASELINE PERFORMANCE DATA.—To

9 determine the percentages of students at selected

10 grade levels meeting specified proficiency levels of

11 achievement for the baseline year, the State shall

12 use the most recent achievement data available

13 on the date on which the State and the Secretary

14 execute the performance partnership agreement.

15 ‘‘(D) CONSISTENCY OF PERFORMANCE

16 MEASURES.—A State shall maintain, at a min17 imum, the same challenging State student per18 formance standards, and consistent aligned as19 sessments or measures, as specified in the per20 formance partnership agreement involved,

21 throughout the term of the agreement.

22 ‘‘(8) ANNUAL REPORT.—The agreement shall in23 clude an assurance that not later than 2 years after

24 the date of the execution of the performance partner25 ship agreement, and annually thereafter, the State
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1 shall disseminate widely to the general public, submit

2 to the Secretary, distribute to print and broadcast

3 media, and post on the Internet, a report that

4 includes—

5 ‘‘(A) student performance data obtained

6 through an assessment or measurement con7 ducted under paragraph (6)(A), disaggregated as

8 provided in paragraph (6)(B); and

9 ‘‘(B) a detailed description of how the State

10 has used Federal funds to improve student per11 formance and reduce achievement gaps to meet

12 the terms of the performance partnership agree13 ment.

14 ‘‘(9) COMPLIANCE.—The agreement shall include

15 an assurance that the State educational agency was

16 in compliance with the requirements of this Act as

17 such Act was in effect on the date of enactment of this

18 part.

19 ‘‘(10) ALIGNMENT WITH REFORM PLAN.—The

20 agreement shall contain an assurance that the plan

21 described in paragraph (4) is aligned with the State’s

22 reform plan for elementary and secondary education.

23 ‘‘(11) FISCAL RESPONSIBILITIES.—The agree24 ment shall include an assurance that the State will

25 use fiscal control and fund accounting procedures that
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1 will ensure proper disbursements of, and accounting

2 for, Federal funds provided to the State under this

3 part.

4 ‘‘(12) IMPLEMENTATION SCHEDULE.—The agree5 ment shall include a schedule for implementation of

6 the plan described in paragraph (4) that aligns the

7 plan with the school calendar for elementary schools

8 and secondary schools in the State.

9 ‘‘(13) TIMELINE FOR REPORTING STUDENT PER10 FORMANCE DATA.—The agreement shall contain a

11 timeline for reporting student performance data ob12 tained through an assessment or measurement con13 ducted under paragraph (6)(A), based on the State’s

14 assessment schedule.

15 ‘‘(e) AMENDMENT TO PERFORMANCE PARTNERSHIP

16 AGREEMENT.—

17 ‘‘(1) IN GENERAL.—The State may modify the

18 terms of the performance partnership agreement—

19 ‘‘(A) by submitting to the Secretary, and

20 obtaining the approval of the Secretary on, an

21 amendment described in paragraph (2); or

22 ‘‘(B) by providing notice to the Secretary of

23 the State’s intent to make an amendment de24 scribed in paragraph (3).
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1 ‘‘(2) AMENDMENTS REQUIRING APPROVAL OF

2 SECRETARY.—

3 ‘‘(A) WITHDRAWAL OF PROGRAMS.—A State

4 may submit to the Secretary an amendment that

5 withdraws a program described in section

6 6704(a) from the performance partnership agree7 ment. If the Secretary approves the amendment,

8 the requirements of applicable law shall apply

9 for the program withdrawn.

10 ‘‘(B) INCLUSION OF PROGRAMS.—A State

11 may submit to the Secretary an amendment that

12 includes an additional program described in sec13 tion 6704(a) in the performance partnership

14 agreement.

15 ‘‘(C) INCLUSION OF PERFORMANCE OBJEC16 TIVES.—A State may submit to the Secretary an

17 amendment that includes in the agreement an

18 additional performance objective for which local

19 educational agencies and schools in the State

20 will be held accountable.

21 ‘‘(3) AMENDMENTS NOT REQUIRING APPROVAL OF

22 SECRETARY.—A State, in the discretion of the State,

23 may amend the performance partnership agreement

24 to modify any term of the agreement other than a
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1 term described in paragraph (2) or subsection

2 (d)(7)(D).

3 ‘‘SEC. 6704. TREATMENT OF ELIGIBLE PROGRAMS UNDER

4 AGREEMENTS.

5 ‘‘(a) ELIGIBLE PROGRAMS.—The programs that may

6 be included in a performance partnership agreement under

7 this part are the programs authorized under the following

8 provisions of law:

9 ‘‘(1) Part A of title I.

10 ‘‘(2) Part B of title I.

11 ‘‘(3) Part C of title I.

12 ‘‘(4) Section 1502.

13 ‘‘(5) Subparts 1, 2, and 3 of part A of title II.

14 ‘‘(6) Part B of title III.

15 ‘‘(7) Section 5132.

16 ‘‘(8) Title VI.

17 ‘‘(9) Part C of title VII.

18 ‘‘(10) Any other provision of this Act that is not

19 in effect on the date of enactment of the Educational

20 Opportunities Act under which the Secretary provides

21 grants to States on the basis of a formula.

22 ‘‘(11) Section 310 of the Department of Edu23 cation Appropriations Act, 2000.

24 ‘‘(12) Title III of the Goals 2000: Educate Amer25 ica Act.
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1 ‘‘(13) Subtitle B of title VII of the Stewart B.

2 McKinney Homeless Assistance Act.

3 ‘‘(b) EXCLUDED PROVISIONS.—Each State entering

4 into a performance partnership agreement under this part

5 shall comply with any statutory or regulatory requirement

6 applicable to a program described in subsection (a) relating

7 to—

8 ‘‘(1) maintenance of effort;

9 ‘‘(2) comparability of services;

10 ‘‘(3) equitable participation of students and pro11 fessional staff of private schools;

12 ‘‘(4) parental participation and involvement;

13 ‘‘(5) in the case of a program carried out under

14 part A of title I, the serving of eligible school attend15 ance areas in rank order under section 1113(a)(3);

16 ‘‘(6) in the case of a program carried out under

17 part A of title I, the selection of a school attendance

18 area or school under subsections (a) and (b) of section

19 1113, except that a State may grant a waiver to

20 allow a school attendance area or school to partici21 pate in activities under part A of title I of such Act

22 if the percentage of children from low-income families

23 (within the meaning of section 6303(c)(1)(G)) in the

24 school attendance area of such school or who attend

25 such school is not less than 10 percentage points below
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1 the lowest percentage of such children for any school

2 attendance area or school served by the local edu3 cational agency that meets the requirements of such

4 subsections (a) and (b);

5 ‘‘(7) use of Federal funds to supplement, not sup6 plant, non-Federal funds; and

7 ‘‘(8) applicable civil rights requirements.

8 ‘‘(c) COMBINATION OF FUNDS UNDER AGREEMENT.—

9 A State that includes programs described in subsection (a)

10 in a partnership performance agreement may combine

11 funds from any or all of the programs without regard to

12 the program requirements of the programs, except—

13 ‘‘(1) as otherwise provided in this part; and

14 ‘‘(2) that formulas for the program for the allot15 ment of Federal funds to States shall remain in effect

16 except as otherwise provided in Federal law.

17 ‘‘(d) USES OF FUNDS UNDER AGREEMENT.—Funds

18 made available to a State under this part shall be used for

19 educational purposes, including—

20 ‘‘(1) carrying out activities focused on improved

21 student learning;

22 ‘‘(2) providing new books;

23 ‘‘(3) providing additional technology;

24 ‘‘(4) promoting high standards and conducting

25 assessments;
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1 ‘‘(5) conducting teacher hiring and making im2 provements in the quality of teaching;

3 ‘‘(6) reducing class sizes;

4 ‘‘(7) operating alternative schools;

5 ‘‘(8) constructing schools;

6 ‘‘(9) supporting special education;

7 ‘‘(10) operating charter schools;

8 ‘‘(11) promoting character education;

9 ‘‘(12) conducting dropout prevention activities;

10 and

11 ‘‘(13) providing tutoring and remedial help for

12 struggling students.

13 ‘‘SEC. 6705. LOCAL PARTICIPATION IN AGREEMENTS.

14 ‘‘(a) NONPARTICIPATING STATE.—

15 ‘‘(1) IN GENERAL.—If a State chooses not to sub16 mit a performance partnership agreement under this

17 part, any local educational agency in such State is

18 eligible, at the option of the agency, to submit to the

19 Secretary a performance partnership agreement in

20 accordance with this section.

21 ‘‘(2) AGREEMENT.—The terms of a performance

22 partnership agreement between an eligible local edu23 cational agency described in this subsection and the

24 Secretary shall specify the programs to be included in

25 the performance partnership agreement, as agreed
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1 upon by the State and the agency, from the list speci2 fied in section 6704(a).

3 ‘‘(b) STATE APPROVAL.—In submitting a performance

4 partnership agreement to the Secretary, the eligible local

5 educational agency shall provide written documentation

6 from the State in which such agency is located that the

7 State has no objection to the local educational agency’s pro8 posal for a performance partnership agreement.

9 ‘‘(c) APPLICATION.—

10 ‘‘(1) IN GENERAL.—Except as provided in this

11 section, and to the extent practicable, the require12 ments of this part shall apply to an eligible local edu13 cational agency that submits a performance partner14 ship agreement in the same manner and to the same

15 extent as the requirements apply to a State that sub16 mits such an agreement.

17 ‘‘(2) EXCEPTIONS.—Sections 6706 (other than

18 section 6706(b)) and 6707 (other than section

19 6707(d)) shall not apply to the eligible local edu20 cational agency.

21 ‘‘SEC. 6706. WITHIN STATE DISTRIBUTION OF FUNDS.

22 ‘‘(a) IN GENERAL.—A State that enters into a per23 formance partnership agreement with respect to programs

24 shall distribute the funds from the programs to local edu-
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1 cational agencies within the State on the basis of the con2 stitutional and statutory requirements of the State.

3 ‘‘(b) TARGETING FOR PROGRAMS UNDER PART A OF

4 TITLE I.—If a State includes programs carried out under

5 part A of title I in the performance partnership agreement,

6 sections 1113, 1124, 1124A, 1125, 1125A, 1126, and 1127

7 shall apply under the agreement, except as provided for

8 under part C.

9 ‘‘SEC. 6707. STATE ADMINISTRATIVE EXPENDITURES.

10 ‘‘(a) PART A PROGRAM IN AGREEMENT.—A State that

11 includes programs carried out under title I in the State’s

12 performance partnership agreement may use not more than

13 1 percent of the total amount of funds allotted to such State

14 under such programs (as part of the performance partner15 ship agreement) for administrative purposes.

16 ‘‘(b) OTHER PROGRAMS IN AGREEMENT.—

17 ‘‘(1) IN GENERAL.—With respect to programs in18 cluded in the performance partnership agreement of

19 the State other than programs carried out under title

20 I, the State may use for administrative purposes,

21 from the total amount of funds allotted to such State

22 under such non-title I programs (as part of the per23 formance partnership agreement)—

24 ‘‘(A) for the first school year for which the

25 agreement is in effect, not more than the total
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1 amount provided for administration under the

2 programs for the preceding school year;

3 ‘‘(B) for the second such school year, not

4 more than 5 percent, plus 75 percent of the cov5 ered reduction, of the total amount of funds al6 lotted;

7 ‘‘(C) for the third such school year, not

8 more than 5 percent, plus 50 percent of the cov9 ered reduction, of the total amount of funds al10 lotted;

11 ‘‘(D) for the fourth such school year, not

12 more than 5 percent, plus 25 percent of the cov13 ered reduction, of the total amount of funds al14 lotted; and

15 ‘‘(E) for the fifth such school year, not more

16 than 5 percent of the total amount of funds allot17 ted.

18 ‘‘(2) EXCEPTION.—Notwithstanding paragraph

19 (1), a State may use not more than 7 percent of the

20 total amount of funds allotted to such State under

21 such non-title I programs (as part of the performance

22 partnership agreement) for administrative and non23 administrative expenses associated with statewide or

24 districtwide initiatives directly affecting classroom

25 learning.
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1 ‘‘(3) DEFINITION.—In this subsection, the term

2 ‘covered reduction’ means the amount obtained by

3 subtracting—

4 ‘‘(A) 5 percent of the total amount of funds

5 allotted to the State under the programs included

6 in the agreement; from

7 ‘‘(B) the total amount described in para8 graph (1)(A).

9 ‘‘(c) RENEWAL OF AGREEMENT.—Upon the renewal of

10 the performance partnership agreement of a State for a sub11 sequent term, the State may use not more than 5 percent

12 of the total amount of funds allotted to such State under

13 the programs included in the performance partnership

14 agreement for administrative purposes.

15 ‘‘(d) LOCAL EDUCATIONAL AGENCY.—A local edu16 cational agency submitting a performance partnership

17 agreement under this part may use not more than 5 percent

18 of the total amount of funds allotted to such agency under

19 the programs included in the performance partnership

20 agreement for administrative purposes.

21 ‘‘SEC. 6708. PERFORMANCE REVIEW.

22 ‘‘(a) RECOMMENDATIONS FOR IMPROVEMENT.—

23 ‘‘(1) REVIEW.—At the end of the third year for

24 which a performance partnership agreement is in ef25 fect for a State, the Secretary shall prepare a written
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1 performance review of the activities carried out under

2 the agreement.

3 ‘‘(2) RECOMMENDATIONS.—

4 ‘‘(A) IN GENERAL.—If the Secretary deter5 mines, in the performance review that—

6 ‘‘(i) the State has failed to carry out

7 the requirements of the agreement;

8 ‘‘(ii) the State has failed to implement

9 the State accountability system described in

10 section 6703(d)(6)(D); or

11 ‘‘(iii) the State has failed to make ade12 quate progress in improving student per13 formance, as measured through performance

14 objectives,

15 the Secretary shall include in the review written

16 recommendations to the State for improvement.

17 ‘‘(B) SIGNIFICANT DECLINE IN ACHIEVE18 MENT.—If the Secretary determines, in the per19 formance review, that student achievement with

20 respect to the performance objectives of the State

21 has significantly declined, the Secretary shall,

22 after notice and an opportunity for a hearing,

23 terminate the agreement. Such agreement shall

24 not be terminated if the State demonstrates to

25 the Secretary that the decline in student achieve-
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1 ment was justified based on exceptional cir2 cumstances or circumstances beyond the control

3 of the State.

4 ‘‘(b) WITHHOLDING OF FUNDS OR TERMINATION OF

5 AGREEMENT.—

6 ‘‘(1) REVIEW.—If the Secretary makes a deter7 mination described in subsection (a)(2) in the per8 formance review for a State, not later than 1 year

9 after the date of the determination the Secretary shall

10 prepare a second written performance review for the

11 State of the activities described in subsection (a)(1).

12 ‘‘(2) ACTION.—If the Secretary makes a deter13 mination described in subsection (a)(2) in the second

14 performance review for a State, the Secretary may

15 take 1 or more of the following actions:

16 ‘‘(A) Withhold a percentage of State admin17 istrative funds for programs included in the per18 formance partnership agreement.

19 ‘‘(B) Terminate the performance partner20 ship agreement.

21 ‘‘SEC. 6709. RENEWAL OF PERFORMANCE PARTNERSHIP

22 AGREEMENT.

23 ‘‘(a) NOTIFICATION.—A State that wishes to renew a

24 performance partnership agreement shall notify the Sec-
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1 retary not later than 6 months before the end of the 5-year

2 term of the agreement.

3 ‘‘(b) RENEWAL REQUIREMENTS.—The Secretary shall

4 renew the agreement for an additional 5-year term, if—

5 ‘‘(1) at the end of the 5-year term described in

6 subsection (a), or as soon after the term as is prac7 ticable, the State submits the data required under the

8 agreement; and

9 ‘‘(2) the Secretary determines, on the basis of the

10 data, that the State that has made substantial

11 progress toward meeting the performance goals de12 scribed in section 6703(d)(7) during the 5-year term.

13 ‘‘SEC. 6710. CLOSING THE ACHIEVEMENT GAP BONUS

14 AWARDS.

15 ‘‘(a) IN GENERAL.—The Secretary shall provide bonus

16 awards to eligible States (without regard to whether the

17 States participate in a performance partnership agreement)

18 to reward such States for making significant progress in

19 eliminating achievement gaps by raising the achievement

20 levels of the lowest performing student groups.

21 ‘‘(b) ELIGIBILITY.—

22 ‘‘(1) IN GENERAL.—To be eligible to receive a

23 bonus award under subsection (a), a State shall—

24 ‘‘(A) use National Assessment of Edu25 cational Progress tests for the 4th and 8th grade
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1 levels or another non-State auditing device to

2 measure (with a statistically significant sample

3 of students) student academic progress for pur4 poses of determining the progress made by the

5 State in narrowing the achievement gap between

6 the highest and lowest performing students in the

7 State; and

8 ‘‘(B) exceed the national average for reduc9 ing the achievement gap between the lowest per10 forming students and the highest performing stu11 dents in at least 3 of the 4 measured categories

12 (math and English at both the 4th and 8th grade

13 levels).

14 ‘‘(2) DETERMINATION OF REDUCTION.—If, at the

15 end of the fifth academic year that begins after per16 formance partnerships are entered into under this

17 part, the Secretary determines that the achievement

18 gap between the lowest performing students and the

19 highest performing students in a State has decreased

20 (as determined under subsection (c)(2)) by a percent21 age that exceeds the national average for such reduc22 tion (as determined under subsection (c)(1)), the Sec23 retary shall award the State the amount described in

24 subsection (e).
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1 ‘‘(c) DETERMINING THE REDUCTION IN ACHIEVEMENT

2 GAP.—

3 ‘‘(1) NATIONAL AVERAGE.—

4 ‘‘(A) IN GENERAL.—For purposes of deter5 mining the national average reduction in the

6 achievement gap between the lowest performing

7 students and the highest performing students, the

8 Secretary shall compare the baseline and final

9 levels of achievement (as determined under sub10 paragraphs (B) and (C)) of—

11 ‘‘(i) all those students eligible for free

12 and reduced-price lunches under the Rich13 ard B. Russell National School Lunch Act

14 in the States described in such subpara15 graphs; and

16 ‘‘(ii) all other students not described in

17 subparagraph (A) in the States described in

18 such subparagraphs;

19 in each of the 4 measured categories described in

20 subsection (b)(1)(B).

21 ‘‘(B) BASELINE LEVEL.—For purposes of

22 subparagraph (A), the baseline level of achieve23 ment shall be based on the results of the National

24 Assessment of Educational Progress tests of 4th

25 and 8th grade students in both math and read-
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1 ing during the 2001-2002 academic year for all

2 States administering such tests, or the results on

3 another non-State auditing device during the

4 academic year.

5 ‘‘(C) FINAL LEVEL.—For purposes of sub6 paragraph (A), the final level of achievement

7 shall be based on the results of the National As8 sessment of Educational Progress tests of 4th and

9 8th grade students in both math and reading for

10 all States administering such tests during the

11 fifth academic year in which performance part12 nerships are entered into under this part, or the

13 results of another non-State auditing device dur14 ing the calendar year.

15 ‘‘(2) STATE REDUCTIONS.—

16 ‘‘(A) IN GENERAL.—For purposes of deter17 mining the State reduction in the achievement

18 gap between the lowest performing students and

19 the highest performing students, the Secretary

20 shall compare the baseline and final levels of

21 achievement (as determined under subpara22 graphs (B) and (C)) of—

23 ‘‘(i) those students in the State who are

24 eligible for free and reduced-price lunches
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1 under the Richard B. Russell National

2 School Lunch Act; and

3 ‘‘(ii) other students in the State not de4 scribed in subparagraph (A);

5 in each of the 4 measured categories described in

6 subsection (b)(1)(B).

7 ‘‘(B) BASELINE LEVEL.—For purposes of

8 subparagraph (A), the baseline level of achieve9 ment shall be based on the results of the National

10 Assessment of Educational Progress tests of 4th

11 and 8th grade students in both math and read12 ing during the 2001-2002 academic year for the

13 State, or the results on another non-State audit14 ing device during the academic year.

15 ‘‘(C) FINAL LEVEL.—For purposes of sub16 paragraph (A), the final level of achievement

17 shall be based on the results of the National As18 sessment of Educational Progress tests of 4th and

19 8th grade students in both math and reading for

20 the State during the fifth academic year in

21 which performance partnerships are entered into

22 under this part, or the results on another non23 State auditing device during the academic year.

24 ‘‘(3) LIMITATION.—A reduction in the achieve25 ment gap between the lowest performing students and
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1 the highest performing students that results from a re2 duction in the achievement levels of the highest per3 forming students shall not be considered a reduction

4 for purposes of this subsection.

5 ‘‘(d) REVIEW.—The Secretary shall review the im6 provement that the State has made in closing the achieve7 ment gap, as measured on State assessments.

8 ‘‘(e) AMOUNT OF AWARD.—

9 ‘‘(1) IN GENERAL.—The amount described in this

10 subsection with respect to a State described in sub11 section (b)(2) shall be an amount that bears the same

12 relationship to the amount appropriated under sub13 section (f) as the number of eligible individuals in the

14 State bears to the total number of eligible individuals

15 in all such States.

16 ‘‘(2) ELIGIBLE INDIVIDUALS.—In paragraph (1),

17 the term ‘eligible individuals’ means individuals who

18 are at least 5 years of age, but less than 17 years of

19 age, and whose family income is below the poverty

20 line applicable to a family of the size.

21 ‘‘(3) POVERTY LINE.—In paragraph (2), the

22 term ‘poverty line’ has the meaning given such term

23 in section 673(2) of the Community Services Block

24 Grant Act, including any revision required by such

25 section.
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1 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There

2 shall be appropriated $2,500,000,000 for the fifth full fiscal

3 year for which performance partnership agreements are en4 tered into under this part to carry out this section.

5 ‘‘SEC. 6711. PERFORMANCE REPORT.

6 ‘‘Not later than 60 days after the Secretary receives

7 an annual State report described in section 6703(d)(8), the

8 Secretary shall make the report available to the Committee

9 on Education and the Workforce of the House of Representa10 tives and the Committee on Health, Education, Labor, and

11 Pensions of the Senate.

12 ‘‘PART H—ACADEMIC ACHIEVEMENT FOR ALL

13 DEMONSTRATION

14 ‘‘SEC. 6801. SHORT TITLE.

15 ‘‘This part may be cited as the ‘Academic Achievement

16 for All Demonstration Act (Straight A’s Act)’.

17 ‘‘SEC. 6802. PURPOSE.

18 ‘‘The purpose of this part is to create options for States

19 and communities—

20 ‘‘(1) to improve the academic achievement of all

21 students, and to focus the resources of the Federal

22 Government upon such achievement;

23 ‘‘(2) to improve teacher quality and subject mat24 ter mastery, especially in mathematics, reading, and

25 science;
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1 ‘‘(3) to empower parents and schools to effec2 tively address the needs of their children and students;

3 ‘‘(4) to give States and communities maximum

4 freedom in determining how to boost academic

5 achievement and implement education reforms;

6 ‘‘(5) to eliminate Federal barriers to imple7 menting effective State and local education programs;

8 ‘‘(6) to hold States and communities accountable

9 for boosting the academic achievement of all students,

10 especially disadvantaged children; and

11 ‘‘(7) to narrow achievement gaps between the

12 lowest and highest performing groups of students so

13 that no child is left behind.

14 ‘‘SEC. 6803. PERFORMANCE AGREEMENT.

15 ‘‘(a) PROGRAM AUTHORIZED.—Not more than 15

16 States may, at their option, execute a performance agree17 ment with the Secretary under which the provisions of law

18 described in section 6804(a) shall not apply to such State

19 except as otherwise provided in this part. The Secretary

20 shall execute performance partnership agreements with the

21 first 15 States that submit approvable performance agree22 ments under this section.

23 ‘‘(b) LOCAL INPUT.—States shall provide parents,

24 teachers, and local schools and school districts notice and

25 opportunity to comment on any proposed performance
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1 agreement prior to submission to the Secretary as provided

2 under general State law notice and comment provisions.

3 ‘‘(c) APPROVAL OF PERFORMANCE AGREEMENT.—A

4 performance agreement submitted to the Secretary under

5 this section shall be considered as approved by the Secretary

6 within 60 days after receipt of the performance agreement

7 unless the Secretary provides a written determination to

8 the State that the performance agreement fails to satisfy

9 the requirements of this part before the expiration of the

10 60-day period.

11 ‘‘(d) TERMS OF PERFORMANCE AGREEMENT.—Each

12 performance agreement executed pursuant to this part shall

13 include the following provisions:

14 ‘‘(1) TERM.—A statement that the term of the

15 performance agreement shall be 5 years.

16 ‘‘(2) APPLICATION OF PROGRAM REQUIRE17 MENTS.—A statement that no program requirements

18 of any program included by the State in the perform19 ance agreement shall apply, except as otherwise pro20 vided in this part.

21 ‘‘(3) LIST.—A list provided by the State of the

22 programs that the State wishes to include in the per23 formance agreement.

24 ‘‘(4) USE OF FUNDS TO IMPROVE STUDENT

25 ACHIEVEMENT.—A 5-year plan describing how the
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1 State intends to combine and use the funds from pro2 grams included in the performance agreement to ad3 vance the education priorities of the State, improve

4 student achievement, and narrow achievement gaps

5 between students.

6 ‘‘(5) ACCOUNTABILITY REQUIREMENTS.—If a

7 State includes any part of title I in its performance

8 agreement, the State shall include a certification that

9 the State has done the following:

10 ‘‘(A)(i) developed and implemented the chal11 lenging State content standards, challenging

12 State student performance standards, and

13 aligned assessments described in section 1111(b);

14 or

15 ‘‘(ii) developed and implemented a system

16 to measure the degree of change from one school

17 year to the next in student performance;

18 ‘‘(B) developed and is implementing a state19 wide accountability system that has been or is

20 reasonably expected to be effective in substan21 tially increasing the numbers and percentages of

22 all students who meet the State’s proficient and

23 advanced levels of performance;

24 ‘‘(C) established a system under which as25 sessment information may be disaggregated with-
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1 in each State, local educational agency, and

2 school by each major racial and ethnic group,

3 gender, English proficiency status, migrant sta4 tus, and by economically disadvantaged students

5 as compared to students who are not economi6 cally disadvantaged (except that such

7 disaggregation shall not be required in cases in

8 which the number of students in any such group

9 is insufficient to yield statistically reliable infor10 mation or will reveal the identity of an indi11 vidual student);

12 ‘‘(D) established specific, measurable, nu13 merical performance objectives for student

14 achievement, including a definition of perform15 ance considered to be proficient by the State on

16 the academic assessment instruments described

17 under subparagraph (A);

18 ‘‘(E) developed and implemented a state19 wide system for holding its local educational

20 agencies and schools accountable for student per21 formance that includes—

22 ‘‘(i) a procedure for identifying local

23 educational agencies and schools in need of

24 improvement, using the assessments de25 scribed under subparagraph (A);
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1 ‘‘(ii) assisting and building capacity

2 in local educational agencies and schools

3 identified as in need of improvement to im4 prove teaching and learning; and

5 ‘‘(iii) implementing corrective actions

6 after not more than 3 years if the assistance

7 and capacity building under clause (ii) is

8 not effective.

9 ‘‘(6) PERFORMANCE GOALS.—

10 ‘‘(A) STUDENT ACADEMIC ACHIEVEMENT.—

11 Each State that includes part A of title I in its

12 performance agreement shall establish annual

13 student performance goals for the 5-year term of

14 the performance agreement that, at a

15 minimum—

16 ‘‘(i) establish a single high standard of

17 performance for all students;

18 ‘‘(ii) take into account the progress of

19 students from every local educational agen20 cy and school in the State;

21 ‘‘(iii) are based primarily on the

22 State’s challenging content and student per23 formance standards and assessments de24 scribed under paragraph (5);
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1 ‘‘(iv) include specific annual improve2 ment goals in each subject and grade in3 cluded in the State assessment system,

4 which shall include, at a minimum, reading

5 or language arts and mathematics;

6 ‘‘(v) compares the proportions of stu7 dents at levels of performance (as defined by

8 the State) with the proportions of students

9 at the levels in the same grade in the pre10 vious school year;

11 ‘‘(vi) includes annual numerical goals

12 for improving the performance of each

13 group specified in paragraph (5)(C) and

14 narrowing gaps in performance between the

15 highest and lowest performing students in

16 accordance with section 6810(b); and

17 ‘‘(vii) requires all students in the State

18 to make substantial gains in achievement.

19 ‘‘(B) ADDITIONAL INDICATORS OF PER20 FORMANCE.—A State may identify in the per21 formance agreement any additional indicators of

22 performance such as graduation, dropout, or at23 tendance rates.

24 ‘‘(C) CONSISTENCY OF PERFORMANCE MEAS25 URES.—A State shall maintain, at a minimum,
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1 the same level of challenging State student per2 formance standards and assessments throughout

3 the term of the performance agreement.

4 ‘‘(7) FISCAL RESPONSIBILITIES.—An assurance

5 that the State will use fiscal control and fund ac6 counting procedures that will ensure proper disburse7 ment of, and accounting for, Federal funds paid to

8 the State under this part.

9 ‘‘(8) CIVIL RIGHTS.—An assurance that the

10 State will meet the requirements of applicable Federal

11 civil rights laws.

12 ‘‘(9) PRIVATE SCHOOL PARTICIPATION.—

13 ‘‘(A) EQUITABLE PARTICIPATION.—An as14 surance that the State will provide for the equi15 table participation of students and professional

16 staff in private schools.

17 ‘‘(B) APPLICATION OF BYPASS.—An assur18 ance that sections 10104, 10105, and 10106 shall

19 apply to all services and assistance provided

20 under this part in the same manner as such sec21 tions apply to services and assistance provided

22 in accordance with section 10103 of such Act.

23 ‘‘(10) STATE FINANCIAL PARTICIPATION.—An as24 surance that the State will not reduce the level of

25 spending of State funds for elementary and secondary
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1 education during the term of the performance agree2 ment.

3 ‘‘(11) ANNUAL REPORTS.—An assurance that not

4 later than 1 year after the execution of the perform5 ance agreement, and annually thereafter, each State

6 shall disseminate widely to parents and the general

7 public, submit to the Secretary, distribute to print

8 and broadcast media, and post on the Internet, a re9 port that includes—

10 ‘‘(A) student academic performance data,

11 disaggregated as provided in paragraph (5)(C);

12 and

13 ‘‘(B) a detailed description of how the State

14 has used Federal funds to improve student aca15 demic performance and reduce achievement gaps

16 to meet the terms of the performance agreement.

17 ‘‘(e) SPECIAL RULES.—If a State does not include part

18 A of title I in its performance agreement, the State shall—

19 ‘‘(1) certify that the State developed a system to

20 measure the academic performance of all students;

21 and

22 ‘‘(2) establish challenging academic performance

23 goals for such other programs in accordance with

24 paragraph (6)(A) of subsection (d), except that clause
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1 (vi) of such paragraph shall not apply to such per2 formance agreement.

3 ‘‘(f) AMENDMENT TO PERFORMANCE AGREEMENT.—A

4 State may submit an amendment to the performance agree5 ment to the Secretary under the following circumstances:

6 ‘‘(1) REDUCE SCOPE OF PERFORMANCE AGREE7 MENT.—Not later than 1 year after the execution of

8 the performance agreement, a State may amend the

9 performance agreement through a request to withdraw

10 a program from such agreement. If the Secretary ap11 proves the amendment, the requirements of existing

12 law shall apply for any program withdrawn from the

13 performance agreement.

14 ‘‘(2) EXPAND SCOPE OF PERFORMANCE AGREE15 MENT.—Not later than 1 year after the execution of

16 the performance agreement, a State may amend its

17 performance agreement to include additional pro18 grams and performance indicators for which the State

19 will be held accountable.

20 ‘‘(3) APPROVAL OF AMENDMENT.—An amend21 ment submitted to the Secretary under this subsection

22 shall be considered as approved by the Secretary with23 in 60 days after receipt of the amendment unless the

24 Secretary provides a written determination to the

25 State that the performance agreement if amended by
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1 the amendment will fail to satisfy the requirements of

2 this part, before the expiration of the 60-day period.

3 ‘‘(g) DUAL PARTICIPATION PROHIBITED.—A State or

4 local educational agency shall not enter into an agreement

5 under both this part and part G. A local educational agency

6 shall not enter into an agreement under this part or part

7 G if the State in which the local educational agency is lo8 cated has entered into an agreement under part G or this

9 part, respectively.

10 ‘‘SEC. 6804. ELIGIBLE PROGRAMS.

11 ‘‘(a) ELIGIBLE PROGRAMS.—The provisions of law re12 ferred to in section 6803(a) except as otherwise provided

13 in subsection (b), are as follows:

14 ‘‘(1) Part A of title I.

15 ‘‘(2) Part B of title I.

16 ‘‘(3) Part C of title I.

17 ‘‘(4) Subparts 1, 2, and 3 of part A of title II.

18 ‘‘(5) Part B of title III.

19 ‘‘(6) Section 5132.

20 ‘‘(7) Title VI.

21 ‘‘(8) Part C of title VII.

22 ‘‘(9) Section 307 of the Department of Education

23 Appropriation Act of 1999.

24 ‘‘(10) Comprehensive school reform programs as

25 authorized under section 1502 and described on pages
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1 96–99 of the Joint Explanatory Statement of the

2 Committee of Conference included in House Report

3 105–390 (Conference Report on the Departments of

4 Labor, Health and Human Services, and Education,

5 and Related Agencies Appropriations Act, 1998).

6 ‘‘(11) Sections 115 and 116, and parts B and C

7 of title I of the Carl D. Perkins Vocational Technical

8 Education Act.

9 ‘‘(12) Subtitle B of title VII of the Stewart B.

10 McKinney Homeless Assistance Act.

11 ‘‘(b) ALLOCATIONS TO STATES.—A State may choose

12 to consolidate funds from any or all of the programs de13 scribed in subsection (a) without regard to the program re14 quirements of the provisions referred to in such subsection,

15 except that the proportion of funds made available for na16 tional programs and allocations to each State for State and

17 local use, under such provisions, shall remain in effect un18 less otherwise provided.

19 ‘‘(c) USES OF FUNDS.—Funds made available under

20 this part to a State shall be used for any elementary and

21 secondary educational purposes permitted by State law of

22 the participating State.

23 ‘‘SEC. 6805. WITHIN-STATE DISTRIBUTION OF FUNDS.

24 ‘‘(a) IN GENERAL.—The distribution of funds from

25 programs included in a performance agreement from a
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1 State to a local educational agency within the State shall

2 be determined by the Governor of the State and the State

3 legislature. In a State in which the constitution or State

4 law designates another individual, entity, or agency to be

5 responsible for education, the allocation of funds from pro6 grams included in the performance agreement from a State

7 to a local educational agency within the State shall be de8 termined by that individual, entity, or agency, in consulta9 tion with the Governor and State Legislature. Nothing in

10 this section shall be construed to supersede or modify any

11 provision of a State constitution or State law.

12 ‘‘(b) LOCAL INPUT.—States shall provide parents,

13 teachers, and local schools and school districts notice and

14 opportunity to comment on the proposed allocation of funds

15 as provided under general State law notice and comment

16 provisions.

17 ‘‘(c) LOCAL HOLD HARMLESS OF PART A TITLE 1

18 FUNDS.—

19 ‘‘(1) IN GENERAL.—In the case of a State that

20 includes part A of title I in the performance agree21 ment, the agreement shall provide an assurance that

22 each local educational agency shall receive under the

23 performance agreement an amount equal to or greater

24 than the amount such agency received under part A
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1 of title I in the fiscal year preceding the fiscal year

2 in which the performance agreement is executed.

3 ‘‘(2) PROPORTIONATE REDUCTION.—If the

4 amount made available to the State from the Sec5 retary for a fiscal year is insufficient to pay to each

6 local educational agency the amount made available

7 under part A of title I to such agency for the pre8 ceding fiscal year, the State shall reduce the amount

9 each local educational agency receives by a uniform

10 percentage.

11 ‘‘SEC. 6806. LOCAL PARTICIPATION.

12 ‘‘(a) NONPARTICIPATING STATE.—

13 ‘‘(1) IN GENERAL.—If a State chooses not to sub14 mit a performance agreement under this part, any

15 local educational agency in such State is eligible, at

16 the local educational agency’s option, to submit to the

17 Secretary a performance agreement in accordance

18 with this section.

19 ‘‘(2) AGREEMENT.—The terms of a performance

20 agreement between an eligible local educational agen21 cy and the Secretary shall specify the programs to be

22 included in the performance agreement, as agreed

23 upon by the State and the agency, from the list under

24 section 6804(a).
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1 ‘‘(b) STATE APPROVAL.—When submitting a perform2 ance agreement to the Secretary, an eligible local edu3 cational agency described in subsection (a) shall provide

4 written documentation from the State in which such agency

5 is located that the State has no objection to the agency’s

6 proposal for a performance agreement.

7 ‘‘(c) APPLICATION.—

8 ‘‘(1) IN GENERAL.—Except as provided in this

9 section, and to the extent applicable, the requirements

10 of this part shall apply to an eligible local edu11 cational agency that submits a performance agree12 ment in the same manner as the requirements apply

13 to a State.

14 ‘‘(2) EXCEPTIONS.—The following provisions

15 shall not apply to an eligible local educational agen16 cy:

17 ‘‘(A) WITHIN STATE DISTRIBUTION FOR18 MULA NOT APPLICABLE.—The distribution of

19 funds under section 6805 shall not apply.

20 ‘‘(B) STATE SET ASIDE SHALL NOT

21 APPLY.—The State set aside for administrative

22 funds under section 6807 shall not apply.
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1 ‘‘SEC. 6807. LIMITATIONS ON STATE AND LOCAL EDU2 CATIONAL AGENCY ADMINISTRATIVE EX3 PENDITURES.

4 ‘‘(a) IN GENERAL.—Except as otherwise provided

5 under subsection (b), a State that includes part A of title

6 I in the performance agreement may use not more than 1

7 percent of such total amount of funds allocated to such State

8 under the programs included in the performance agreement

9 for administrative purposes.

10 ‘‘(b) EXCEPTION.—A State that does not include part

11 A of title I in the performance agreement may use not more

12 than 3 percent of the total amount of funds allocated to

13 such State under the programs included in the performance

14 agreement for administrative purposes.

15 ‘‘(c) LOCAL EDUCATIONAL AGENCY.—A local edu16 cational agency participating in this part under a perform17 ance agreement under section 6806 may not use for admin18 istrative purposes more than 4 percent of the total amount

19 of funds allocated to such agency under the programs in20 cluded in the performance agreement.

21 ‘‘SEC. 6808. PERFORMANCE REVIEW AND PENALTIES.

22 ‘‘(a) MID-TERM PERFORMANCE REVIEW.—If, during

23 the 5-year term of the performance agreement, student

24 achievement significantly declines for three consecutive

25 years in the academic performance categories established in
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1 the performance agreement, the Secretary may, after notice

2 and opportunity for a hearing, terminate the agreement

3 ‘‘(b) FAILURE TO MEET TERMS.—If at the end of the

4 5-year term of the performance agreement a State has not

5 substantially met the performance goals submitted in the

6 performance agreement, the Secretary shall, after notice and

7 an opportunity for a hearing, terminate the performance

8 agreement and the State shall be required to comply with

9 the program requirements, in effect at the time of termi10 nation, for each program included in the performance

11 agreement.

12 ‘‘(c) PENALTY FOR FAILURE TO IMPROVE STUDENT

13 PERFORMANCE.—If a State has made no progress toward

14 achieving its performance goals by the end of the term of

15 the agreement, the Secretary may reduce funds for State

16 administrative costs for each program included in the per17 formance agreement by not more than 50 percent for each

18 year of the 2-year period following the end of the term of

19 the performance agreement.

20 ‘‘SEC. 6809. RENEWAL OF PERFORMANCE AGREEMENT.

21 ‘‘(a) NOTIFICATION.—A State that wishes to renew its

22 performance agreement shall notify the Secretary of its re23 newal request not less than 6 months prior to the end of

24 the term of the performance agreement.
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1 ‘‘(b) RENEWAL REQUIREMENTS.—A State that has

2 met or has substantially met its performance goals sub3 mitted in the performance agreement at the end of the 5-

4 year term may reapply to the Secretary to renew its per5 formance agreement for an additional 5-year period. Upon

6 the completion of the 5-year term of the performance agree7 ment or as soon thereafter as the State submits data re8 quired under the agreement, the Secretary shall renew, for

9 an additional 5-year term, the performance agreement of

10 any State that has met or has substantially met its per11 formance goals.

12 ‘‘SEC. 6810. ACHIEVEMENT GAP REDUCTION REWARDS.

13 ‘‘(a) CLOSING THE GAP REWARD FUND.—

14 ‘‘(1) IN GENERAL.—To reward States that make

15 significant progress in eliminating achievement gaps

16 by raising the achievement levels of the lowest per17 forming students, the Secretary shall set aside suffi18 cient funds from the Fund for the Improvement of

19 Education under part G of title V to grant a reward

20 to States that meet the conditions set forth in sub21 section (b) by the end of their 5-year performance

22 agreement.

23 ‘‘(2) REWARD AMOUNT.—The amount of the re24 ward referred to in paragraph (1) shall be not less

25 than 5 percent of funds allocated to the State during
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1 the first year of the performance agreement for pro2 grams included in the agreement.

3 ‘‘(b) CONDITIONS OF PERFORMANCE REWARD.—Sub4 ject to paragraph (3), a State is eligible to receive a reward

5 under this section as follows:

6 ‘‘(1) A State is eligible for such an award if the

7 State reduces by not less than 25 percent, over the 5-

8 year term of the performance agreement, the difference

9 between the percentage of highest and lowest per10 forming groups of students described in section

11 6803(d)(5)(C) that meet the State’s proficient level of

12 performance.

13 ‘‘(2) A State is eligible for such an award if a

14 State increases the proportion of two or more groups

15 of students under section 6803(d)(5)(C) that meet

16 State proficiency standards by 25 percent.

17 ‘‘(3) A State shall receive such an award if the

18 following requirements are met:

19 ‘‘(A) CONTENT AREAS.—The reduction in

20 the achievement gap or improvement in achieve21 ment shall include not less than two content

22 areas, one of which shall be mathematics or read23 ing.
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1 ‘‘(B) GRADES TESTED.—The reduction in

2 the achievement gap or improvement in achieve3 ment shall occur in at least two grade levels.

4 ‘‘(c) RULE OF CONSTRUCTION.—Student achievement

5 gaps shall not be considered to have been reduced in cir6 cumstances where the average academic performance of the

7 highest performing quintile of students has decreased.

8 ‘‘SEC. 6811. STRAIGHT A’s PERFORMANCE REPORT.

9 ‘‘The Secretary shall make the annual State reports

10 described in section 6803(d)(11) available to the Committee

11 on Education and the Workforce of the House of Representa12 tives and the Committee on Health, Education, Labor and

13 Pensions of the Senate not later than 60 days after the Sec14 retary receives the report.

15 ‘‘SEC. 6812. APPLICABILITY OF TITLE X.

16 ‘‘To the extent that provisions of title X are incon17 sistent with this part, this part shall be construed as super18 seding such provisions.

19 ‘‘SEC. 6813. APPLICABILITY OF GENERAL EDUCATION PRO20 VISIONS ACT.

21 ‘‘To the extent that the provisions of the General Edu22 cation Provisions Act are inconsistent with this part, this

23 part shall be construed as superseding such provisions, ex24 cept where relating to civil rights, withholding of funds and
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1 enforcement authority, and family educational and privacy

2 rights.

3 ‘‘SEC. 6814. APPLICABILITY TO HOME SCHOOLS.

4 ‘‘Nothing in this part shall be construed to affect home

5 schools whether or not a home school is treated as a private

6 school or home school under State law.

7 ‘‘SEC. 6815. GENERAL PROVISIONS REGARDING NON8 RECIPIENT, NONPUBLIC SCHOOLS.

9 ‘‘Nothing in this part shall be construed to permit,

10 allow, encourage, or authorize any Federal control over any

11 aspect of any private, religious, or home school, whether or

12 not a home school is treated as a private school or home

13 school under State law.

14 ‘‘SEC. 6816. DEFINITIONS.

15 ‘‘For the purpose of this part:

16 ‘‘(1) ALL STUDENTS.—The term ‘all students’

17 means all students attending public schools or charter

18 schools that are participating in the State’s account19 ability and assessment system.

20 ‘‘(2) STATE.—The term ‘State’ means each of the

21 50 States, the District of Columbia, the Common22 wealth of Puerto Rico, Guam, the United States Vir23 gin Islands, the Commonwealth of the Northern Mar24 iana Islands, and American Samoa.’’.
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1 ‘‘SEC. 6817. EFFECTIVE DATE.

2 ‘‘This part shall take effect with respect to funds ap3 propriated for the fiscal year beginning October 1, 2000.’’.

4 SEC. 602. TECHNICAL AND CONFORMING AMENDMENT.

5 Section 4(b)(5) of the Education Flexibility Partner6 ship Act of 1999 (20 U.S.C. 5891b(b)(5)) is amended by

7 striking ‘‘Title VI’’ and inserting ‘‘Part A of title VI’’.

8 TITLE VII—BILINGUAL

9 EDUCATION

10 SEC. 701. PURPOSE.

11 Section 7102 (20 U.S.C. 7402) is amended—

12 (1) by striking the section heading and inserting

13 the following:

14 ‘‘SEC. 7102. PURPOSE.’’;

15 (2) by striking subsections (a) and (b); and

16 (3) in subsection (c)—

17 (A) by striking ‘‘(c) PURPOSE.—The’’ and

18 inserting ‘‘The’’;

19 (B) in the matter preceding paragraph (1),

20 by striking ‘‘to educate limited English pro21 ficient children and youth to’’ and inserting ‘‘to

22 help ensure that limited English proficient stu23 dents master English and’’;

24 (C) by striking paragraph (1) and inserting

25 the following:
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1 ‘‘(1) promoting systemic improvement and re2 form of, and developing accountability systems for,

3 educational programs serving limited English pro4 ficient students;’’; and

5 (D) in paragraph (2), by inserting ‘‘fully’’

6 before ‘‘developing’’.

7 SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

8 Section 7103(a) (20 U.S.C. 7403(a)) is amended by

9 striking ‘‘$215,000,000 for the fiscal year 1995’’ and insert10 ing ‘‘$300,000,000 for fiscal year 2001’’.

11 SEC. 703. REPEAL OF PROGRAM DEVELOPMENT AND IMPLE12 MENTATION GRANTS.

13 (a) IN GENERAL.—Section 7112 (20 U.S.C. 7422) is

14 repealed.

15 (b) CONFORMING AMENDMENT.—Section 7111 (20

16 U.S.C. 7421) is amended, in the matter preceding para17 graph (1), by striking ‘‘7112, 7113, 7114, and 7115’’ and

18 inserting ‘‘7113 and 7114’’.

19 SEC. 704. PROGRAM ENHANCEMENT PROJECTS.

20 (a) PURPOSE.—Section 7113 (20 U.S.C. 7423) is

21 amended by striking subsection (a) and inserting the fol22 lowing:

23 ‘‘(a) PURPOSE.—The purpose of this section is to—
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1 ‘‘(1) provide grants to eligible entities to provide

2 innovative, locally designed, high quality instruction

3 to children and youth of limited English proficiency;

4 ‘‘(2) help children and youth develop proficiency

5 in the English language by expanding or strength6 ening instructional programs; and

7 ‘‘(3) help children and youth attain the stand8 ards established under section 1111(b).’’.

9 (b) PROGRAM AUTHORIZED.—Section 7113(b) (20

10 U.S.C. 7423(b)) is amended—

11 (1) in paragraph (1)(B), by striking ‘‘two’’ and

12 inserting ‘‘3’’; and

13 (2) by striking paragraph (2) and inserting the

14 following:

15 ‘‘(2) AUTHORIZED ACTIVITIES.—(A) Grants

16 awarded under this section shall be used for—

17 ‘‘(i) developing, implementing, expanding,

18 or enhancing comprehensive preschool, elemen19 tary, or secondary education programs for lim20 ited English proficient children and youth, that

21 are—

22 ‘‘(I) aligned with State and local con23 tent and student performance standards,

24 and local school reform efforts; and
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1 ‘‘(II) coordinated with related services

2 for children and youth;

3 ‘‘(ii) providing high quality professional de4 velopment to classroom teachers, administrators,

5 and other school or community-based organiza6 tion personnel to improve the instruction and as7 sessment of limited English proficient students;

8 and

9 ‘‘(iii) annually assessing the English pro10 ficiency of all limited English proficient students

11 served by activities carried out under this sec12 tion.

13 ‘‘(B) Grants awarded under this section may be

14 used for—

15 ‘‘(i) implementing programs to upgrade the

16 reading and other academic skills of limited

17 English proficient students;

18 ‘‘(ii) developing accountability systems to

19 monitor the academic progress of limited English

20 proficient and formerly limited English pro21 ficient students;

22 ‘‘(iii) implementing family education pro23 grams and parent outreach and training activi24 ties designed to assist parents to become active

25 participants in the education of their children;
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1 ‘‘(iv) improving the instructional programs

2 for limited English proficient students by identi3 fying, acquiring, and applying effective cur4 ricula, instructional materials (including mate5 rials provided through technology), and assess6 ments that are all aligned with State and local

7 standards;

8 ‘‘(v) providing intensified instruction, in9 cluding tutorials and academic or career coun10 seling, for children and youth who are limited

11 English proficient;

12 ‘‘(vi) adapting best practice models for

13 meeting the needs of limited English proficient

14 students;

15 ‘‘(vii) assisting limited English proficient

16 students with disabilities;

17 ‘‘(viii) implementing applied learning ac18 tivities such as service learning to enhance and

19 support comprehensive elementary and secondary

20 bilingual education programs; and

21 ‘‘(ix) carrying out such other activities, con22 sistent with the purpose of this part, as the Sec23 retary may approve.’’.

24 (c) PRIORITY.—Section 7113 (20 U.S.C. 7423) is

25 amended by adding at the end the following:
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1 ‘‘(d) PRIORITY.—In awarding grants under this sec2 tion, the Secretary may give priority to an entity that—

3 ‘‘(1) serves a school district—

4 ‘‘(A) that has a total district enrollment

5 that is less than 10,000 students; or

6 ‘‘(B) with a large percentage or number of

7 limited English proficient students; and

8 ‘‘(2) has limited or no experience in serving lim9 ited English proficient students.’’.

10 SEC. 705. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IM11 PROVEMENT GRANTS.

12 Section 7114 (20 U.S.C. 7424) is amended to read as

13 follows:

14 ‘‘SEC. 7114. COMPREHENSIVE SCHOOL AND SYSTEMWIDE

15 IMPROVEMENT GRANTS.

16 ‘‘(a) PURPOSES.—The purposes of this section are—

17 ‘‘(1) to provide financial assistance to schools

18 and local educational agencies for implementing bi19 lingual education programs, in coordination with

20 programs carried out under title I, for children and

21 youth of limited English proficiency;

22 ‘‘(2) to assist limited English proficient students

23 to meet the standards established under section

24 1111(b); and
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1 ‘‘(3) to improve, reform, and upgrade relevant

2 instructional programs and operations, in schools and

3 local educational agencies, that serve significant per4 centages of students with limited English proficiency

5 or significant numbers of such students.

6 ‘‘(b) AUTHORIZED ACTIVITIES.—

7 ‘‘(1) AUTHORITY.—The Secretary may award

8 grants to eligible entities having applications ap9 proved under section 7116 to enable such entities to

10 carry out activities described in paragraphs (2) and

11 (3).

12 ‘‘(2) MANDATORY ACTIVITIES.—Grants awarded

13 under this section shall be used for—

14 ‘‘(A) improving instructional programs for

15 limited English proficient students by acquiring

16 and upgrading curriculum and related instruc17 tional materials;

18 ‘‘(B) aligning the activities carried out

19 under this section with State and local school re20 form efforts;

21 ‘‘(C) providing training, aligned with State

22 and local standards, to school personnel and par23 ticipating community-based organization per24 sonnel to improve the instruction and assessment

25 of limited English proficient students;
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1 ‘‘(D) developing and implementing plans,

2 coordinated with plans for programs carried out

3 under title II of the Higher Education Act of

4 1965 (where applicable), and title II of this Act

5 (where applicable), to recruit teachers trained to

6 serve limited English proficient students;

7 ‘‘(E) implementing culturally and linguis8 tically appropriate family education programs,

9 or parent outreach and training activities, that

10 are designed to assist parents to become active

11 participants in the education of their children;

12 ‘‘(F) coordinating the activities carried out

13 under this section with other programs, such as

14 programs carried out under title I;

15 ‘‘(G) providing services to meet the full

16 range of the educational needs of limited English

17 proficient students;

18 ‘‘(H) annually assessing the English pro19 ficiency of all limited English proficient students

20 served by the activities carried out under this

21 section; and

22 ‘‘(I) developing or improving accountability

23 systems to monitor the academic progress of lim24 ited English proficient students.
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1 ‘‘(3) PERMISSIBLE ACTIVITIES.—Grants awarded

2 under this section may be used for—

3 ‘‘(A) implementing programs to upgrade

4 reading and other academic skills of limited

5 English proficient students;

6 ‘‘(B) developing and using educational tech7 nology to improve learning, assessments, and ac8 countability to meet the needs of limited English

9 proficient students;

10 ‘‘(C) implementing research-based programs

11 to meet the needs of limited English proficient

12 students;

13 ‘‘(D) providing tutorials and academic or

14 career counseling for limited English proficient

15 children and youth;

16 ‘‘(E) developing and implementing State

17 and local content and student performance

18 standards for learning English as a second lan19 guage, as well as for learning other languages;

20 ‘‘(F) developing and implementing pro21 grams for limited English proficient students to

22 meet the needs of changing populations of such

23 students;

24 ‘‘(G) implementing policies to ensure that

25 limited English proficient students have access to
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1 other education programs (other than programs

2 designed to address limited English proficiency),

3 such as gifted and talented, vocational education,

4 and special education programs;

5 ‘‘(H) implementing programs to meet the

6 needs of limited English proficient students with

7 disabilities;

8 ‘‘(I) developing and implementing programs

9 to help all students become proficient in more

10 than 1 language; and

11 ‘‘(J) providing such other activities related

12 to the purpose of this part as the Secretary may

13 approve.

14 ‘‘(4) SPECIAL RULE.—A recipient of a grant

15 under this section, before carrying out activities

16 under this section, shall plan, train personnel, develop

17 curricula, and acquire or develop materials, but shall

18 not use funds made available under this section for

19 planning purposes for more than 90 days. The recipi20 ent shall commence carrying out activities under this

21 section not later than 90 days after the date of receipt

22 of the grant.

23 ‘‘(c) AVAILABILITY OF APPROPRIATIONS.—

24 ‘‘(1) RESERVATION OF FUNDS FOR CONTINUED

25 PAYMENTS.—
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1 ‘‘(A) COVERED GRANT.—In this paragraph,

2 the term ‘covered grant’ means a grant—

3 ‘‘(i) that was awarded under this sec4 tion, or section 7115, prior to the date of

5 enactment of the Educational Opportunities

6 Act; and

7 ‘‘(ii) for which the grant period has

8 not ended.

9 ‘‘(B) RESERVATION.—For any fiscal year

10 that is part of the grant period of a covered

11 grant, the Secretary shall reserve funds for the

12 payments described in subparagraph (C) from

13 the amount appropriated for the fiscal year

14 under section 7103 and made available for car15 rying out this section.

16 ‘‘(C) PAYMENTS.—The Secretary shall con17 tinue to make grant payments to each entity

18 that received a covered grant, for the duration of

19 the grant period of the grant, to carry out activi20 ties in accordance with the appropriate section

21 described in subparagraph (A)(i).

22 ‘‘(2) AVAILABILITY.—Of the amount appro23 priated for a fiscal year under section 7103 that is

24 made available for carrying out this section, and that
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1 remains after the Secretary reserves funds for pay2 ments under paragraph (1)—

‘‘(A) not less than 1 3 ⁄3 of the remainder shall

4 be used to award grants for activities carried out

5 within an entire school district; and

‘‘(B) not less than 2 6 ⁄3 of the remainder shall

7 be used to award grants for activities carried out

8 within individual schools.

9 ‘‘(d) ELIGIBLE ENTITIES.—In this section, the term

10 ‘eligible entity’ means—

11 (1) 1 or more local educational agencies; or

12 (2) 1 or more local educational agencies, in col13 laboration with an institution of higher education,

14 community-based organization, local educational

15 agency, or State educational agency.’’.

16 SEC. 706. REPEAL OF SYSTEMWIDE IMPROVEMENT GRANTS.

17 Section 7115 (20 U.S.C. 7425) is repealed.

18 SEC. 707. APPLICATIONS.

19 (a) STATE REVIEW AND COMMENTS.—Section 7116(b)

20 (20 U.S.C. 7426(b)) is amended—

21 (1) in paragraph (1), by striking ‘‘such’’ and in22 serting ‘‘the written comments of the agency on the’’;

23 and

24 (2) in paragraph (2)(B)—
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1 (A) in the matter preceding clause (i), by

2 striking ‘‘how the eligible entity’’;

3 (B) by striking clause (i) and inserting the

4 following:

5 ‘‘(i) how the activities to be carried out

6 under the grant will further the academic

7 achievement and English proficiency of limited

8 English proficient students served under the

9 grant; and’’; and

10 (C) by striking clause (ii) and inserting the

11 following:

12 ‘‘(ii) how the grant application is consistent

13 with the State plan required under section

14 1111.’’.

15 (b) REQUIRED DOCUMENTATION.—Section 7116(f) (20

16 U.S.C. 7426(f)) is amended to read as follows:

17 ‘‘(f) REQUIRED DOCUMENTATION.—Such application

18 shall include documentation that—

19 ‘‘(1) the applicant has the qualified personnel re20 quired to develop, administer, and implement the pro21 gram proposed in the application; and

22 ‘‘(2) the leadership personnel of each school par23 ticipating in the program have been involved in the

24 development and planning of the program in the

25 school.’’.
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1 (c) CONTENTS.—Section 7116(g) (20 U.S.C. 7426(g))

2 is amended—

3 (1) in paragraph (1)—

4 (A) in subparagraph (A), by striking ‘‘in5 cluding data’’ and all that follows and inserting

6 the following: ‘‘including—

7 ‘‘(i) data on the number of limited

8 English proficient students in the school or

9 school district to be served;

10 ‘‘(ii) the characteristics of such stu11 dents, including—

12 ‘‘(I) the native languages of the

13 students;

14 ‘‘(II) the proficiency of the stu15 dents in English and their native lan16 guage;

17 ‘‘(III) achievement data (current

18 as of the date of submission of the ap19 plication) for the limited English pro20 ficient students in—

21 ‘‘(aa) reading or language

22 arts (in English and in the native

23 language, if applicable); and

24 ‘‘(bb) mathematics;
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1 ‘‘(IV) a comparison of that data

2 for the students with that data for the

3 English proficient peers of the students;

4 and

5 ‘‘(V) the previous schooling experi6 ences of the students;

7 ‘‘(iii) the professional development

8 needs of the instructional personnel who

9 will provide services for the limited English

10 proficient students under the proposed pro11 gram; and

12 ‘‘(iv) how the services provided through

13 the grant would supplement the basic serv14 ices provided to limited English proficient

15 students.’’;

16 (B) in subparagraph (B)—

17 (i) in clause (ii)—

18 (I) by striking ‘‘, the Goals 2000:

19 Educate America Act’’; and

20 (II) by striking ‘‘section 14306’’

21 and inserting ‘‘section 6506’’;

22 (ii) by redesignating clauses (ii)

23 through (v) as clauses (iii) through (vi), re24 spectively; and
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1 (iii) by inserting after clause (i) the

2 following:

3 ‘‘(ii) will ensure that the services pro4 vided through the program will supplement

5 the basic services the applicant provides to

6 limited English proficient students;’’; and

7 (C) in subparagraph (E), by striking ‘‘pro8 gram’’ and all that follows and inserting the fol9 lowing: ‘‘program who, individually or in com10 bination, are proficient in—

11 ‘‘(i) English, including written, as well

12 as oral, communication skills; and

13 ‘‘(ii) the native language of the major14 ity of the students that the teachers teach, if

15 instruction in the program is in the native

16 language as well as English.’’; and

17 (2) in paragraph (2), in the matter preceding

18 subparagraph (A), by striking ‘‘or 7115’’.

19 (d) PRIORITIES AND SPECIAL RULES.—Section

20 7116(i) (20 U.S.C. 7426(i)) is amended—

21 (1) by striking paragraph (1) and inserting the

22 following:

23 ‘‘(1) PRIORITY.—In approving applications for

24 grants for programs under this subpart, the Secretary

25 shall give priority to an applicant who—
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1 ‘‘(A) experiences a dramatic increase in the

2 number or percentage of limited English pro3 ficient students enrolled in the applicant’s pro4 grams and has limited or no experience in serv5 ing limited English proficient students;

6 ‘‘(B) is a local educational agency that

7 serves a school district that has a total district

8 enrollment that is less than 10,000 students;

9 ‘‘(C) demonstrates that the applicant has a

10 proven record of success in helping limited

11 English proficient children and youth learn

12 English and meet high academic standards;

13 ‘‘(D) proposes programs that provide for the

14 development of bilingual proficiency both in

15 English and another language for all partici16 pating students; or

17 ‘‘(E) serves a school district with a large

18 percentage or number of limited English pro19 ficient students.’’;

20 (2) by striking paragraphs (2) and (3); and

21 (3) by redesignating paragraphs (4) and (5) as

22 paragraphs (2) and (3), respectively.

23 SEC. 708. REPEAL OF INTENSIFIED INSTRUCTION.

24 Section 7117 (20 U.S.C. 7427) is repealed.
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1 SEC. 709. REPEAL OF SUBGRANTS, PRIORITY, AND COORDI2 NATION PROVISIONS.

3 Sections 7119 through 7121 (20 U.S.C. 7429–7431)

4 are repealed.

5 SEC. 710. EVALUATIONS.

6 Section 7123 (20 U.S.C. 7433) is amended to read as

7 follows:

8 ‘‘SEC. 7123. EVALUATIONS.

9 ‘‘(a) EVALUATION.—Each recipient of funds under this

10 subpart for a program shall annually conduct an evalua11 tion of the program and submit to the Secretary a report

12 concerning the evaluation, in the form prescribed by the

13 Secretary.

14 ‘‘(b) USE OF EVALUATION.—Such evaluation shall be

15 used by the grant recipient—

16 ‘‘(1) for program improvement;

17 ‘‘(2) to further define the program’s goals and

18 objectives; and

19 ‘‘(3) to determine program effectiveness.

20 ‘‘(c) EVALUATION REPORT COMPONENTS.—In pre21 paring the evaluation reports, the recipient shall—

22 ‘‘(1) use the data provided in the application

23 submitted by the recipient under section 7116 as base24 line data against which to report academic achieve25 ment and gains in English proficiency for students in

26 the program;
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1 ‘‘(2) disaggregate the results of the evaluation by

2 gender, language groups, and whether the students

3 have disabilities;

4 ‘‘(3) include data on the progress of the recipient

5 in achieving the objectives of the program, including

6 data demonstrating the extent to which students

7 served by the program are meeting the State’s student

8 performance standards, and including data com9 paring limited English proficient students with

10 English proficient students with regard to school re11 tention and academic achievement in—

12 ‘‘(A) reading and language arts;

13 ‘‘(B) English proficiency;

14 ‘‘(C) mathematics; and

15 ‘‘(D) the native language of the students if

16 the program develops native language pro17 ficiency;

18 ‘‘(4) include information on the extent that pro19 fessional development activities carried out through

20 the program have resulted in improved classroom

21 practices and improved student performance;

22 ‘‘(5) include a description of how the activities

23 carried out through the program are coordinated and

24 integrated with the other Federal, State, or local pro-
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1 grams serving limited English proficient children and

2 youth; and

3 ‘‘(6) include such other information as the Sec4 retary may require.’’.

5 SEC. 711. RESEARCH.

6 Section 7132(c)(1) (20 U.S.C. 7452(c)(1)) is amended

7 by striking ‘‘under subpart 1 or 2’’ and inserting ‘‘under

8 subpart 1 or 3 or this subpart’’.

9 SEC. 712. ACADEMIC EXCELLENCE AWARDS.

10 Section 7133 (20 U.S.C. 7453) is amended to read as

11 follows:

12 ‘‘SEC. 7133. ACADEMIC EXCELLENCE AWARDS.

13 ‘‘(a) AUTHORITY.—The Secretary may make grants to

14 State educational agencies to assist the agencies in recog15 nizing local educational agencies and other public and non16 profit entities whose programs have—

17 ‘‘(1) demonstrated significant progress in assist18 ing limited English proficient students to learn

19 English according to age appropriate and develop20 mentally appropriate standards; and

21 ‘‘(2) demonstrated significant progress in assist22 ing limited English proficient children and youth to

23 meet, according to age appropriate and develop24 mentally appropriate standards, the same challenging
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1 State content standards as all children and youth are

2 expected to meet.

3 ‘‘(b) APPLICATIONS.—A State educational agency de4 siring a grant under this section shall include an applica5 tion for such grant in the application submitted by the

6 agency under section 7134(e).’’.

7 SEC. 713. STATE GRANT PROGRAM.

8 (a) GRANT AMOUNT.—Section 7134(b) (20 U.S.C.

9 7454(b)) is amended by striking ‘‘$100,000’’ and inserting

10 ‘‘$200,000’’.

11 (b) USE OF FUNDS.—Section 7134(c) (20 U.S.C.

12 7454(c)) is amended—

13 (1) in paragraph (1)—

14 (A) in the matter preceding subparagraph

15 (A), by striking ‘‘for programs authorized by this

16 section’’;

17 (B) by striking subparagraph (A) and in18 serting the following:

19 ‘‘(A) assist local educational agencies in the

20 State with activities that—

21 ‘‘(i) consist of program design, capac22 ity building, assessment of student perform23 ance, program evaluation, and development

24 of data collection and accountability sys-
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1 tems for limited English proficient students;

2 and

3 ‘‘(ii) are aligned with State reform ef4 forts; and’’; and

5 (C) in subparagraph (B), by striking ‘‘pop6 ulations and’’ and all that follows and inserting

7 ‘‘populations and document the services available

8 to all such populations.’’;

9 (2) by striking paragraph (2); and

10 (3) by redesignating paragraphs (3) and (4) as

11 paragraphs (2) and (3), respectively.

12 SEC. 714. NATIONAL CLEARINGHOUSE.

13 Section 7135(b) (20 U.S.C. 7455(b)) is amended—

14 (1) in paragraph (3), by striking ‘‘and’’ at the

15 end;

16 (2) in paragraph (4)—

17 (A) by striking ‘‘described in part A of title

18 XIII’’; and

19 (B) by striking the period and inserting ‘‘;

20 and’’; and

21 (3) by adding at the end the following:

22 ‘‘(5) publish, on an annual basis, a list of grant

23 recipients under this title.’’.
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1 SEC. 715. INSTRUCTIONAL MATERIALS DEVELOPMENT.

2 Section 7136 (20 U.S.C. 7456) is amended, in the first

3 sentence, by striking the period and inserting ‘‘, and in

4 other low-incidence languages in the United States for

5 which instructional materials are not readily available.’’.

6 SEC. 716. TRAINING FOR ALL TEACHERS PROGRAM.

7 Section 7142 (20 U.S.C. 7472) is amended by striking

8 subsections (b) and (c) and inserting the following:

9 ‘‘(b) AUTHORIZATION.—

10 ‘‘(1) AUTHORITY.—The Secretary may award

11 grants under this section to—

12 ‘‘(A) local educational agencies; or

13 ‘‘(B) 1 or more local educational agencies

14 in a consortium with 1 or more State edu15 cational agencies, institutions of higher edu16 cation, or nonprofit organizations.

17 ‘‘(2) DURATION.—Each grant awarded under

18 this section shall be awarded for a period of not more

19 than 5 years.

20 ‘‘(c) AUTHORIZED ACTIVITIES.—

21 ‘‘(1) PROFESSIONAL DEVELOPMENT ACTIVI22 TIES.—Grants awarded under this section shall be

23 used to conduct high-quality, long-term professional

24 development activities relating to meeting the needs of

25 limited English proficient students, which may

26 include—
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1 ‘‘(A) developing and implementing induc2 tion programs for new teachers, including pro3 grams that provide mentoring and coaching by

4 trained teachers, and team teaching with experi5 enced teachers;

6 ‘‘(B) implementing school-based collabo7 rative efforts among teachers to improve instruc8 tion in core academic areas, including reading,

9 for students with limited English proficiency;

10 ‘‘(C) coordinating activities with other pro11 grams, such as programs carried out under titles

12 I and II and the Head Start Act;

13 ‘‘(D) implementing programs that support

14 effective teacher use of education technologies to

15 improve instruction and assessment;

16 ‘‘(E) establishing and maintaining local

17 professional networks;

18 ‘‘(F) developing curricular materials and

19 assessments for teachers that are aligned with

20 State and local standards and the needs of the

21 limited English proficient students to be served;

22 and

23 ‘‘(G) carrying out such other activities as

24 are consistent with the purpose of this section.
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1 ‘‘(2) PERMISSIBLE ACTIVITIES.—Activities con2 ducted under this section may include the develop3 ment of training programs in collaboration with

4 other programs, such as programs authorized under

5 titles I and II, and under the Head Start Act.’’.

6 SEC. 717. GRADUATE FELLOWSHIPS.

7 Section 7145(a) (20 U.S.C. 7475(a)) is amended—

8 (1) by striking paragraph (2); and

9 (2) by redesignating paragraph (3) as para10 graph (2).

11 SEC. 718. REPEAL OF PROGRAM REQUIREMENTS.

12 Section 7147 (20 U.S.C. 7477) is repealed.

13 SEC. 719. PROGRAM EVALUATIONS.

14 Section 7149 (20 U.S.C. 7479) is amended to read as

15 follows:

16 ‘‘SEC. 7149. PROGRAM EVALUATIONS.

17 ‘‘Each recipient of funds under this subpart for a pro18 gram shall annually conduct an evaluation of the program

19 and submit to the Secretary a report containing the evalua20 tion. Such report shall include information on—

21 ‘‘(1) the number of participants served through

22 the program, the number of participants who com23 pleted program requirements, and the number of par24 ticipants who took positions in an instructional set25 ting with limited English proficient students;
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1 ‘‘(2) the effectiveness of the program in impart2 ing the professional skills necessary for participants

3 to achieve the objectives of the program; and

4 ‘‘(3) the teaching effectiveness of graduates of the

5 program or other participants who have completed

6 the program.’’.

7 SEC. 720. SPECIAL RULE.

8 Section 7161 (20 U.S.C. 7491) is amended by striking

9 ‘‘Improving America’s Schools Act of 1994’’ and inserting

10 ‘‘Educational Opportunities Act’’.

11 SEC. 721. REPEAL OF FINDING RELATING TO FOREIGN LAN12 GUAGE ASSISTANCE.

13 Section 7202 (20 U.S.C. 7512) is repealed.

14 SEC. 722. FOREIGN LANGUAGE ASSISTANCE APPLICATIONS.

15 Section 7204(b) (20 U.S.C. 7514(b)) is amended—

16 (1) in paragraph (2), by striking ‘‘or’’ at the

17 end;

18 (2) in paragraph (3), by striking the period and

19 inserting a semicolon; and

20 (3) by adding at the end the following:

21 ‘‘(4) make effective use of technology, such as

22 computer-assisted instruction, language laboratories,

23 or distance learning, to promote foreign language

24 study;
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1 ‘‘(5) promote innovative activities such as for2 eign language immersion, partial foreign language

3 immersion, or content-based instruction; and

4 ‘‘(6) are carried out through a consortium com5 prised of the agency receiving the grant and an ele6 mentary school or secondary school.’’.

7 SEC. 723. EMERGENCY IMMIGRANT EDUCATION PURPOSE.

8 Section 7301 (20 U.S.C. 7541) is amended—

9 (1) by striking the section heading and inserting

10 the following:

11 ‘‘SEC. 7301. PURPOSE.’’;

12 (2) by striking subsection (a); and

13 (3) in subsection (b), by striking ‘‘(b) PUR14 POSE.—’’.

15 SEC. 724. EMERGENCY IMMIGRANT EDUCATION STATE AD16 MINISTRATIVE COSTS.

17 Section 7302 (20 U.S.C. 7542) is amended by insert18 ing after ‘‘percent’’ the following: ‘‘(2 percent if the State

19 educational agency distributes funds received under this

20 part to local educational agencies on a competitive basis)’’.

21 SEC. 725. CONFORMING AMENDMENTS.

22 (a) STATE ALLOCATIONS.—Section 7304(a) (20 U.S.C.

23 7544(a)) is amended by striking ‘‘7301(b)’’ and inserting

24 ‘‘7301’’.
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1 (b) REPORTS.—Section 7308(b) (20 U.S.C. 7548(b)) is

2 amended by striking ‘‘14701’’ and inserting ‘‘10201’’.

3 SEC. 726. EMERGENCY IMMIGRANT EDUCATION AUTHOR4 IZATION OF APPROPRIATIONS.

5 Section 7309 (20 U.S.C. 7549) is amended by striking

6 ‘‘$100,000,000 for fiscal year 1995’’ and inserting

7 ‘‘$200,000,000 for fiscal year 2001’’.

8 SEC. 727. COORDINATION AND REPORTING REQUIRE9 MENTS.

10 Section 7405(d) (20 U.S.C. 7575(d)) is amended by

11 striking ‘‘Committee on Labor and Human Resources of the

12 Senate and to the Committee on Education and Labor’’ and

13 inserting ‘‘Committee on Health, Education, Labor, and

14 Pensions of the Senate and to the Committee on Education

15 and the Workforce’’.

16 TITLE VIII—IMPACT AID

17 SEC. 801. SHORT TITLE.

18 Title VIII (20 U.S.C. 7701 et seq.) is amended by in19 serting before section 8001 (20 U.S.C. 7701) the following:

20 ‘‘SEC. 8000. SHORT TITLE.

21 ‘‘This title may be cited as the ‘Impact Aid Act’.’’.

22 SEC. 802. PURPOSE.

23 Section 8001 (20 U.S.C. 7701) is amended—

24 (1) in paragraph (4), by inserting ‘‘or’’ after the

25 semicolon;
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1 (2) by striking paragraph (5); and

2 (3) by redesignating paragraph (6) as para3 graph (5).

4 SEC. 803. PAYMENTS RELATING TO FEDERAL ACQUISITION

5 OF REAL PROPERTY.

6 Section 8002 (20 U.S.C. 7702) is amended—

7 (1) in the matter preceding paragraph (1) of

8 subsection (a), by striking ‘‘1999’’ and inserting

9 ‘‘2005’’;

10 (2) in subsection (b)(1)—

11 (A) in subparagraph (B), by striking ‘‘rat12 ably reduce the payment to each eligible local

13 educational agency’’ and inserting ‘‘calculate the

14 payment for each eligible local educational agen15 cy in accordance with subsection (h)’’; and

16 (B) in subparagraph (C), by inserting ‘‘or

17 this section, whichever is greater’’ before the pe18 riod;

19 (3) by amending subsection (h) to read as fol20 lows:

21 ‘‘(h) DISTRIBUTION OF FUNDS WHEN THERE ARE IN22 SUFFICIENT APPROPRIATIONS.—If the amount appro23 priated under section 8014(a) is insufficient to pay the full

24 amount determined under subsection (b) for all local edu25 cational agencies for a fiscal year, then the Secretary shall
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1 calculate the payments the local educational agencies re2 ceive under this section for the fiscal year as follows:

3 ‘‘(1) FOUNDATION PAYMENTS FOR PRE-1995 RE4 CIPIENTS.—First, the Secretary shall make a founda5 tion payment to each local educational agency that is

6 eligible to receive a payment under this section for the

7 fiscal year and was eligible to receive a payment

8 under section 2 of Public Law 81–874 for any of the

9 fiscal years 1989 through 1994. The Secretary shall

10 make the payment by multiplying 37 percent by the

11 payment the local educational agency was entitled to

12 receive under such section 2 for fiscal year 1994 (or

13 if the local educational agency did not receive a pay14 ment for fiscal year 1994, the payment that local edu15 cational agency was entitled to receive under such sec16 tion 2 for the most recent fiscal year preceding 1994).

17 If the funds appropriated under section 8014(a) for

18 the fiscal year are insufficient to fully fund the foun19 dation payments under this paragraph for the fiscal

20 year, then the Secretary shall ratably reduce the foun21 dation payments to each local educational agency

22 under this paragraph.

23 ‘‘(2) PAYMENTS FOR 1995 RECIPIENTS.—From

24 any funds remaining after making payments under

25 paragraph (1) for the fiscal year for which the cal-
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1 culation is made that are the result of the calculation

2 described in subparagraph (A), the Secretary shall

3 make a payment to each local educational agency

4 that received a payment under this section for fiscal

5 year 1995 in accordance with the following rules:

6 ‘‘(A) Calculate the difference between the

7 amount appropriated to carry out this section

8 for fiscal year 1995 and the total amount of

9 foundation payments made under paragraph (1)

10 for the fiscal year for which the calculation is

11 made.

12 ‘‘(B) Determine the percentage share for

13 each local educational agency that received a

14 payment under this section for fiscal year 1995

15 by dividing the assessed value of the Federal

16 property of the local educational agency for fis17 cal year 1995, determined in accordance with

18 subsection (b)(3), by the total national assessed

19 value of the Federal property of all such local

20 educational agencies for fiscal year 1995, as so

21 determined.

22 ‘‘(C) Multiply the percentage share de23 scribed in subparagraph (B) for the local edu24 cational agency by the amount determined under

25 subparagraph (A).
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1 ‘‘(3) SUBSECTION (i) RECIPIENTS.—From any

2 funds remaining after making payments under para3 graphs (1) and (2) for the fiscal year for which the

4 calculation is made, the Secretary shall make pay5 ments in accordance with subsection (i).

6 ‘‘(4) REMAINING FUNDS.—From any funds re7 maining after making payments under paragraphs

8 (1), (2), and (3) for the fiscal year for which the cal9 culation is made—

10 ‘‘(A) the Secretary shall make a payment to

11 each local educational agency that received a

12 foundation payment under paragraph (1) for the

13 fiscal year for which the calculation is made in

14 an amount that bears the same relation to 25

15 percent of the remainder as the amount the local

16 educational agency received under paragraph (1)

17 for the fiscal year for which the calculation is

18 made bears to the amount all local educational

19 agencies received under paragraph (1) for the fis20 cal year for which the calculation is made; and

21 ‘‘(B) the Secretary shall make a payment to

22 each local educational agency that is eligible to

23 receive a payment under this section for the fis24 cal year for which the calculation is made in an

25 amount that bears the same relation to 75 per-
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1 cent of the remainder as a percentage share de2 termined for the local educational agency (in the

3 same manner as percentage shares are deter4 mined for local educational agencies under para5 graph (2)(B)) bears to the percentage share de6 termined (in the same manner) for all local edu7 cational agencies eligible to receive a payment

8 under this section for the fiscal year for which

9 the calculation is made, except that for the pur10 pose of calculating a local educational agency’s

11 assessed value of the Federal property, data from

12 the most current fiscal year shall be used.’’;

13 (4) in subsection (i)—

14 (A) in the subsection heading, by striking

15 ‘‘PRIORITY’’ and inserting ‘‘SPECIAL’’; and

16 (B) by amending paragraph (1) to read as

17 follows:

18 ‘‘(1) IN GENERAL.—For any fiscal year begin19 ning with fiscal year 2000 for which the amount ap20 propriated to carry out this section exceeds the

21 amount so appropriated for fiscal year 1996 and for

22 which subsection (b)(1)(B) applies, the Secretary shall

23 use the remainder described in subsection (h)(3) for

24 the fiscal year for which the calculation is made (not

25 to exceed the amount equal to the difference between
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1 (A) the amount appropriated to carry out this section

2 for fiscal year 1997 and (B) the amount appropriated

3 to carry out this section for fiscal year 1996) to in4 crease the payment that would otherwise be made

5 under this section to not more than 50 percent of the

6 maximum amount determined under subsection (b)

7 for any local educational agency described in para8 graph (2).’’;

9 (5) in subsection (j)—

10 (A) in paragraph (2)—

11 (i) by striking ‘‘(A) A local’’ and in12 serting ‘‘A local’’; and

13 (ii) by redesignating clauses (i)

14 through (v) as subparagraphs (A) through

15 (E), respectively; and

16 (B) in paragraph (3)—

17 (i) in subparagraph (A)—

18 (I) by striking the semicolon and

19 inserting a period; and

20 (II) by striking ‘‘(A) The max21 imum’’ and inserting ‘‘The max22 imum’’; and

23 (ii) by striking subparagraphs (B) and

24 (C); and

25 (6) by adding at the end the following:
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1 ‘‘(l) DATA; PRELIMINARY AND FINAL PAYMENTS.—The

2 Secretary shall—

3 ‘‘(1) require any local educational agency that

4 applied for a payment under subsection (b) for a fis5 cal year to submit expeditiously such data as may be

6 necessary in order to compute the payment;

7 ‘‘(2) as soon as possible after the beginning of

8 any fiscal year, but not later than 60 days after the

9 date of enactment of an Act making appropriations

10 to carry out this title for the fiscal year, provide a

11 preliminary payment under subsection (b) for any

12 local educational agency that applied for a payment

13 under subsection (b) for the fiscal year, that has sub14 mitted the data described in paragraph (1), and that

15 was eligible for such a payment for the preceding fis16 cal year, in the amount of 60 percent of the payment

17 for the previous year; and

18 ‘‘(3) make every effort to provide a final pay19 ment under subsection (b) for any eligible local edu20 cational agency not later than 12 months after the

21 application deadline established under section

22 8005(c).

23 ‘‘(m) ELIGIBILITY.—

24 ‘‘(1) OLD FEDERAL PROPERTY.—Except as pro25 vided in paragraph (2), a local educational agency
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1 that is eligible to receive a payment under this section

2 for Federal property acquired by the Federal Govern3 ment before the date of enactment of the Educational

4 Opportunities Act shall be eligible to receive the pay5 ment only if the local educational agency submits an

6 application for a payment under this section not later

7 than 5 years after the date of enactment.

8 ‘‘(2) COMBINED FEDERAL PROPERTY.—A local

9 educational agency that is eligible to receive a pay10 ment under this section for Federal property acquired

11 by the Federal Government before the date of enact12 ment of the Educational Opportunities Act shall be

13 eligible to receive the payment if—

14 ‘‘(A) the Federal property, when combined

15 with other Federal property in the school district

16 served by the local educational agency acquired

17 by the Federal Government after the date of en18 actment, meets the requirements of subsection

19 (a); and

20 ‘‘(B) the local educational agency submits

21 an application for a payment under this section

22 not later than 5 years after the date of acquisi23 tion of the Federal property acquired after the

24 date of enactment.
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1 ‘‘(3) NEW FEDERAL PROPERTY.—A local edu2 cational agency that is eligible to receive a payment

3 under this section for Federal property acquired by

4 the Federal Government after the date of enactment of

5 the Educational Opportunities Act shall be eligible to

6 receive the payment only if the local educational

7 agency submits an application for a payment under

8 this section not later than 5 years after the date of

9 acquisition.’’.

10 SEC. 804. PAYMENTS FOR ELIGIBLE FEDERALLY CON11 NECTED CHILDREN.

12 (a) GENERAL AMENDMENTS.—Section 8003 (20

13 U.S.C. 7703) is amended—

14 (1) in subsection (a)—

15 (A) in paragraph (2)—

16 (i) by redesignating subparagraph (E)

17 as subparagraph (F);

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

19 ‘‘subparagraphs (D) and (E) of paragraph

20 (1) by a factor of .10’’ and inserting ‘‘sub21 paragraph (D) of paragraph (1) by a factor

22 of .25’’; and

23 (iii) by inserting after subparagraph

24 (D) the following:
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1 ‘‘(E) Multiply the number of children de2 scribed in subparagraph (E) of paragraph (1) by

3 a factor of .10.’’;

4 (B) in paragraph (4)—

5 (i) in the paragraph heading, by strik6 ing ‘‘UNDERGOING RENOVATION’’ and insert7 ing ‘‘UNDERGOING RENOVATION OR RE8 BUILDING’’;

9 (ii) by striking ‘‘For purposes’’ and in10 serting the following:

11 ‘‘(A) IN GENERAL.—For purposes’’;

12 (iii) in subparagraph (A) (as des13 ignated by subparagraph (B)), by inserting

14 ‘‘or rebuilding’’ after ‘‘undergoing renova15 tion’’; and

16 (iv) by adding at the end the following:

17 ‘‘(B) LIMITATIONS.—(i)(I) Except as pro18 vided in subclause (II), children described in

19 paragraph (1)(D)(i) may be deemed to be chil20 dren described in paragraph (1)(B) with respect

21 to housing on Federal property undergoing ren22 ovation or rebuilding in accordance with sub23 paragraph (A) for a period not to exceed 2 fiscal

24 years.
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1 ‘‘(II) If the Secretary determines, on the

2 basis of a certification provided to the Secretary

3 by a designated representative of the Secretary of

4 Defense, that the expected completion date of the

5 renovation or rebuilding of the housing has been

6 delayed by not less than 1 year, then—

7 ‘‘(aa) in the case of a determination

8 made by the Secretary in the 1st fiscal year

9 described in subclause (I), the time period

10 described in such subclause shall be extended

11 by the Secretary for an additional 2 years;

12 and

13 ‘‘(bb) in the case of a determination

14 made by the Secretary in the 2nd fiscal

15 year described in subclause (I), the time pe16 riod described such subclause shall be ex17 tended by the Secretary for an additional 1

18 year.

19 ‘‘(ii) The number of children described in

20 paragraph (1)(D)(i) who are deemed to be chil21 dren described in paragraph (1)(B) with respect

22 to housing on Federal property undergoing ren23 ovation or rebuilding in accordance with sub24 paragraph (A) for any fiscal year may not ex25 ceed the maximum number of children who are
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1 expected to occupy that housing upon completion

2 of the renovation or rebuilding.’’; and

3 (C) by adding at the end the following:

4 ‘‘(5) MILITARY ‘BUILD TO LEASE’ PROGRAM

5 HOUSING.—

6 ‘‘(A) IN GENERAL.—For purposes of com7 puting the amount of payment for a local edu8 cational agency for children identified under

9 paragraph (1), the Secretary shall consider chil10 dren residing in housing initially acquired or

11 constructed under the former section 2828(g) of

12 title 10, United States Code (commonly known

13 as the ‘Build to Lease’ program), as added by

14 section 801 of the Military Construction Author15 ization Act, 1984, to be children described under

16 paragraph (1)(B) if the property described is

17 within the fenced security perimeter of the mili18 tary facility upon which such housing is situ19 ated.

20 ‘‘(B) ADDITIONAL REQUIREMENTS.—If the

21 property described in subparagraph (A) is not

22 owned by the Federal Government, is subject to

23 taxation by a State or political subdivision of a

24 State, and thereby generates revenues for a local
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1 educational agency that is applying to receive a

2 payment under this section, then the Secretary—

3 ‘‘(i) shall require the local educational

4 agency to provide certification from an ap5 propriate official of the Department of De6 fense that the property is being used to pro7 vide military housing; and

8 ‘‘(ii) shall reduce the amount of the

9 payment under this section by an amount

10 equal to the amount of revenue from such

11 taxation received in the second preceding

12 fiscal year by such local educational agency,

13 unless the amount of such revenue was

14 taken into account by the State for such sec15 ond preceding fiscal year and already re16 sulted in a reduction in the amount of State

17 aid paid to such local educational agency.’’;

18 (2) in subsection (b)(1), by adding at the end the

19 following:

20 ‘‘(D) DATA.—If satisfactory data from the

21 third preceding fiscal year are not available for

22 any of the expenditures described in clause (i) or

23 (ii) of subparagraph (C), the Secretary shall use

24 data from the most recent fiscal year for which
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1 data that are satisfactory to the Secretary are

2 available.’’;

3 (3) in subsection (d)(2), by striking ‘‘a free ap4 propriate public education’’ and inserting ‘‘services’’;

5 (4) by amending subsection (e) to read as fol6 lows:

7 ‘‘(e) HOLD HARMLESS.—

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), the total amount the Secretary shall pay

10 a local educational agency under this section for fis11 cal year 2001 and each succeeding fiscal year shall

12 not be less than—

13 ‘‘(A) the result obtained by dividing the

14 amount received by the local educational agency

15 under this subsection for fiscal year 2000 by the

16 total weighted student units calculated for the

17 local educational agency under subsection (a)(2)

18 for fiscal year 2000; multiplied by

19 ‘‘(B) the total weighted student units cal20 culated for the local educational agency under

21 subsection (a)(2) (as such subsection was in effect

22 on the day preceding the date of enactment of the

23 Educational Opportunities Act) for the fiscal

24 year for which the determination is made.

25 ‘‘(2) RATABLE REDUCTIONS.—
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1 ‘‘(A) IN GENERAL.—If the sums made avail2 able under this title for any fiscal year are in3 sufficient to pay the full amounts that all local

4 educational agencies in all States are eligible to

5 receive under paragraph (1) for such year, then

6 the Secretary shall ratably reduce the payments

7 to all such agencies for such year.

8 ‘‘(B) ADDITIONAL FUNDS.—If additional

9 funds become available for making payments

10 under paragraph (1) for such fiscal year, pay11 ments that were reduced under subparagraph (A)

12 shall be increased on the same basis as such pay13 ments were reduced.’’;

14 (5) by striking subsections (f) and (g); and

15 (6) by redesignating subsections (h) and (i) as

16 subsections (f) and (g), respectively.

17 (b) BASIC SUPPORT PAYMENTS FOR HEAVILY IM18 PACTED LOCAL EDUCATIONAL AGENCIES.—Section 8003(b)

19 (20 U.S.C. 7703(b)) is amended—

20 (1) by redesignating paragraphs (2) and (3) as

21 paragraphs (3) and (4), respectively; and

22 (2) by inserting after paragraph (1) the fol23 lowing:

24 ‘‘(2) BASIC SUPPORT PAYMENTS FOR HEAVILY

25 IMPACTED LOCAL EDUCATIONAL AGENCIES.—
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1 ‘‘(A) IN GENERAL.—(i) From the amount

2 appropriated under section 8014(b) for a fiscal

3 year, the Secretary is authorized to make basic

4 support payments to eligible heavily impacted

5 local educational agencies with children de6 scribed in subsection (a).

7 ‘‘(ii) A local educational agency that re8 ceives a basic support payment under this para9 graph for a fiscal year shall not be eligible to re10 ceive a basic support payment under paragraph

11 (1) for that fiscal year.

12 ‘‘(B) ELIGIBILITY FOR CONTINUING HEAV13 ILY IMPACTED LOCAL EDUCATIONAL AGENCIES.—

14 ‘‘(i) IN GENERAL.—A heavily impacted

15 local educational agency is eligible to re16 ceive a basic support payment under sub17 paragraph (A) with respect to a number of

18 children determined under subsection (a)(1)

19 if the agency—

20 (I) received an additional assist21 ance payment under subsection (f) (as

22 such subsection was in effect on the

23 day before the date of the enactment of

24 the Educational Opportunities Act) for

25 fiscal year 2000; and
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1 ‘‘(II)(aa) is a local educational

2 agency whose boundaries are the same

3 as a Federal military installation;

4 ‘‘(bb) has an enrollment of chil5 dren described in subsection (a)(1) that

6 constitutes a percentage of the total

7 student enrollment of the agency which

8 is not less than 35 percent, has a per9 pupil expenditure that is less than the

10 average per-pupil expenditure of the

11 State in which the agency is located or

12 the average per-pupil expenditure of

13 all States (whichever average per-pupil

14 expenditure is greater), except that a

15 local educational agency with a total

16 student enrollment of less than 350 stu17 dents shall be deemed to have satisfied

18 such per-pupil expenditure require19 ment, and has a tax rate for general

20 fund purposes which is not less than

21 95 percent of the average tax rate for

22 general fund purposes of local edu23 cational agencies in the State;

24 ‘‘(cc) has an enrollment of chil25 dren described in subsection (a)(1) that
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1 constitutes a percentage of the total

2 student enrollment of the agency which

3 is not less than 30 percent, and has a

4 tax rate for general fund purposes

5 which is not less than 125 percent of

6 the average tax rate for general fund

7 purposes for local educational agencies

8 in the State;

9 ‘‘(dd) has a total student enroll10 ment of not less than 25,000 students,

11 of which not less than 50 percent are

12 children described in subsection (a)(1)

13 and not less than 6,000 of such chil14 dren are children described in subpara15 graphs (A) and (B) of subsection

16 (a)(1); or

17 ‘‘(ee) meets the requirements of

18 subsection (f)(2) applying the data re19 quirements of subsection (f)(4) (as such

20 subsections were in effect on the day

21 before the date of the enactment of the

22 Educational Opportunities Act).

23 ‘‘(ii) LOSS OF ELIGIBILITY.—A heavily

24 impacted local educational agency that met

25 the requirements of clause (i) for a fiscal
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1 year shall be ineligible to receive a basic

2 support payment under subparagraph (A)

3 if the agency fails to meet the requirements

4 of clause (i) for a subsequent fiscal year, ex5 cept that such agency shall continue to re6 ceive a basic support payment under this

7 paragraph for the fiscal year for which the

8 ineligibility determination is made.

9 ‘‘(iii) RESUMPTION OF ELIGIBILITY.—

10 A heavily impacted local educational agen11 cy described in clause (i) that becomes ineli12 gible under such clause for 1 or more fiscal

13 years may resume eligibility for a basic

14 support payment under this paragraph for

15 a subsequent fiscal year only if the agency

16 meets the requirements of clause (i) for that

17 subsequent fiscal year, except that such

18 agency shall not receive a basic support

19 payment under this paragraph until the fis20 cal year succeeding the fiscal year for which

21 the eligibility determination is made.

22 ‘‘(C) ELIGIBILITY FOR NEW HEAVILY IM23 PACTED LOCAL EDUCATIONAL AGENCIES.—

24 ‘‘(i) IN GENERAL.—A heavily impacted

25 local educational agency that did not re-
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1 ceive an additional assistance payment

2 under subsection (f) (as such subsection was

3 in effect on the day before the date of the en4 actment of the Educational Opportunities

5 Act) for fiscal year 2000 is eligible to re6 ceive a basic support payment under sub7 paragraph (A) for fiscal year 2002 and any

8 subsequent fiscal year with respect to a

9 number of children determined under sub10 section (a)(1) only if the agency is a local

11 educational agency whose boundaries are

12 the same as a Federal military installation,

13 or the agency—

14 ‘‘(I) has an enrollment of children

15 described in subsection (a)(1) that con16 stitutes a percentage of the total stu17 dent enrollment of the agency that—

18 ‘‘(aa) is not less than 50 per19 cent if such agency receives a pay20 ment on behalf of children de21 scribed in subparagraphs (F) and

22 (G) of such subsection; or

23 ‘‘(bb) is not less than 40 per24 cent if such agency does not re-
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1 ceive a payment on behalf of such

2 children;

3 ‘‘(II)(aa) for a local educational

4 agency that has a total student enroll5 ment of 350 or more students, has a

6 per-pupil expenditure that is less than

7 the average per-pupil expenditure of

8 the State in which the agency is lo9 cated; or

10 ‘‘(bb) for a local educational agen11 cy that has a total student enrollment

12 of less than 350 students, has a per13 pupil expenditure that is less than the

14 average per-pupil expenditure of a

15 comparable local educational agency in

16 the State in which the agency is lo17 cated, as defined in regulations pro18 mulgated by the Secretary; and

19 ‘‘(III) has a tax rate for general

20 fund purposes that is not less than 95

21 percent of the average tax rate for gen22 eral fund purposes of local educational

23 agencies in the State.

24 ‘‘(ii) RESUMPTION OF ELIGIBILITY.—A

25 heavily impacted local educational agency
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1 described in clause (i) that becomes ineli2 gible under such clause for 1 or more fiscal

3 years may resume eligibility for a basic

4 support payment under this paragraph for

5 a subsequent fiscal year only if the agency

6 is a local educational agency whose bound7 aries are the same as a Federal military in8 stallation, or meets the requirements of

9 clause (i), for that subsequent fiscal year,

10 except that such agency shall continue to re11 ceive a basic support payment under this

12 paragraph for the fiscal year for which the

13 ineligibility determination is made.

14 ‘‘(iii) APPLICATION.—With respect to

15 the first fiscal year for which a heavily im16 pacted local educational agency described in

17 clause (i) applies for a basic support pay18 ment under subparagraph (A), or with re19 spect to the first fiscal year for which a

20 heavily impacted local educational agency

21 applies for a basic support payment under

22 subparagraph (A) after becoming ineligible

23 under clause (i) for 1 or more preceding fis24 cal years, the agency shall apply for such
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1 payment at least 1 year prior to the start

2 of that first fiscal year.

3 ‘‘(D) MAXIMUM AMOUNT FOR REGULAR

4 HEAVILY IMPACTED LOCAL EDUCATIONAL AGEN5 CIES.—(i) Except as provided in subparagraph

6 (E), the maximum amount that a heavily im7 pacted local educational agency is eligible to re8 ceive under this paragraph for any fiscal year is

9 the sum of the total weighted student units, as

10 computed under subsection (a)(2) and subject to

11 clause (ii), multiplied by the greater of—

12 ‘‘(I) four-fifths of the average per-pupil

13 expenditure of the State in which the local

14 educational agency is located for the third

15 fiscal year preceding the fiscal year for

16 which the determination is made; or

17 ‘‘(II) four-fifths of the average per18 pupil expenditure of all of the States for the

19 third fiscal year preceding the fiscal year

20 for which the determination is made.

21 ‘‘(ii)(I) For a local educational agency with

22 respect to which 35 percent or more of the total

23 student enrollment of the schools of the agency

24 are children described in subparagraph (D) or

25 (E) (or a combination thereof) of subsection
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1 (a)(1), the Secretary shall calculate the weighted

2 student units of such children for purposes of

3 subsection (a)(2) by multiplying the number of

4 such children by a factor of 0.55.

5 ‘‘(II) For a local educational agency that

6 has an enrollment of 100 or fewer children de7 scribed in subsection (a)(1), the Secretary shall

8 calculate the total number of weighted student

9 units for purposes of subsection (a)(2) by multi10 plying the number of such children by a factor

11 of 1.75.

12 ‘‘(III) For a local educational agency that

13 has an enrollment of more than 100 but not

14 more than 750 children described in subsection

15 (a)(1), the Secretary shall calculate the total

16 number of weighted student units for purposes of

17 subsection (a)(2) by multiplying the number of

18 such children by a factor of 1.25.

19 ‘‘(iii) Notwithstanding subsection (a)(3), the

20 Secretary shall compute the payment for a heav21 ily impacted local educational agency under this

22 subparagraph for all children described in sub23 section (a)(1) that are served by the agency.

24 ‘‘(E) MAXIMUM AMOUNT FOR LARGE HEAV25 ILY IMPACTED LOCAL EDUCATIONAL AGENCIES.—
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1 (i)(I) Subject to clause (ii), the maximum

2 amount that a heavily impacted local edu3 cational agency described in subclause (II) is eli4 gible to receive under this paragraph for any fis5 cal year shall be determined in accordance with

6 the formula described in paragraph (1)(C).

7 ‘‘(II) A heavily impacted local educational

8 agency described in this subclause is a local edu9 cational agency that has a total student enroll10 ment of not less than 25,000 students, of which

11 not less than 50 percent are children described in

12 subsection (a)(1) and not less than 6,000 of such

13 children are children described in subparagraphs

14 (A) and (B) of subsection (a)(1).

15 ‘‘(ii) For purposes of calculating the max16 imum amount described in clause (i), the factor

17 used in determining the weighted student units

18 under subsection (a)(2) with respect to children

19 described in subparagraphs (A) and (B) of sub20 section (a)(1) shall be 1.35.

21 ‘‘(F) DATA.—For purposes of providing as22 sistance under this paragraph the Secretary shall

23 use student, revenue, expenditure, and tax data

24 from the third fiscal year preceding the fiscal
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1 year for which the local educational agency is

2 applying for assistance under this paragraph.’’.

3 (c) PAYMENTS WITH RESPECT TO FISCAL YEARS IN

4 WHICH INSUFFICIENT FUNDS ARE APPROPRIATED.—Sec5 tion 8003(b)(3) (20 U.S.C. 7703(b)(3)) (as so redesignated)

6 is amended—

7 (1) in subparagraph (A), by striking ‘‘paragraph

8 (1)’’ and inserting ‘‘paragraphs (1) and (2)’’;

9 (2) in subparagraph (B)—

10 (A) in the heading, by inserting after ‘‘PAY11 MENTS’’ the following: ‘‘IN LIEU OF PAYMENTS

12 UNDER PARAGRAPH (1)’’; and

13 (B) in clause (i)—

14 (i) in the matter preceding subclause

15 (I), by inserting before ‘‘by multiplying’’ the

16 following: ‘‘in lieu of basic support pay17 ments under paragraph (1)’’; and

18 (ii) in subclause (II), by striking ‘‘(not

19 including amounts received under sub20 section (f))’’;

21 (3) by redesignating subparagraph (C) as sub22 paragraph (D);

23 (4) by inserting after subparagraph (B) the fol24 lowing:
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1 ‘‘(C) LEARNING OPPORTUNITY THRESHOLD

2 PAYMENTS IN LIEU OF PAYMENTS UNDER PARA3 GRAPH (2).—For fiscal years described in sub4 paragraph (A), the learning opportunity thresh5 old payment in lieu of basic support payments

6 under paragraph (2) shall be equal to the

7 amount obtained under subparagraph (D) or (E)

8 of paragraph (2), as the case may be.’’; and

9 (5) in subparagraph (D) (as so redesignated), by

10 striking ‘‘computation made under subparagraph

11 (B)’’ and inserting ‘‘computations made under sub12 paragraphs (B) and (C)’’.

13 (d) CONFORMING AMENDMENTS.—Section 8003 (20

14 U.S.C. 7703) is amended—

15 (1) in the matter preceding subparagraph (A) of

16 subsection (a)(1), by striking ‘‘subsection (b), (d), or

17 (f)’’ and inserting ‘‘subsection (b) or (d)’’;

18 (2) in subsection (b)—

19 (A) in paragraph (1)(C), in the matter pre20 ceding clause (i), by striking ‘‘this subsection’’

21 and inserting ‘‘this paragraph’’; and

22 (B) in paragraph (4) (as so redesignated)—

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

24 ‘‘paragraphs (1)(B), (1)(C), and (2) of this

25 subsection’’ and inserting ‘‘subparagraphs
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1 (B) and (C) of paragraph (1) or subpara2 graphs (B) through (D) of paragraph (2),

3 as the case may be, paragraph (3) of this

4 subsection’’; and

5 (ii) in subparagraph (B)—

6 (I) by inserting after ‘‘paragraph

7 (1)(C)’’ the following: ‘‘or subpara8 graph (D) or (E) of paragraph (2), as

9 the case may be,’’; and

10 (II) by striking ‘‘paragraph

11 (2)(B)’’ and inserting ‘‘subparagraph

12 (B) or (C) of paragraph (3), as the

13 case may be,’’;

14 (3) in subsection (c)(1), by striking ‘‘paragraph

15 (2) and subsection (f)’’ and inserting ‘‘subsections

16 (b)(1)(D), (b)(2), and paragraph (2)’’; and

17 (4) in subsection (h), by striking ‘‘section 6’’ and

18 all that follows through ‘‘1994)’’ and inserting ‘‘sec19 tion 386 of the National Defense Authorization Act

20 for Fiscal Year 1993’’.

21 (e) EFFECTIVE DATE.—The time limits imposed by the

22 amendments made by subsection (a)(1)(B)(iv) shall apply

23 with respect to payments made to a local educational agen24 cy for fiscal years beginning on or after the date of the en25 actment of this Act.
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1 SEC. 805. SUDDEN AND SUBSTANTIAL INCREASES IN AT2 TENDANCE OF MILITARY DEPENDENTS.

3 Section 8006 (20 U.S.C. 7706) is repealed.

4 SEC. 806. SCHOOL CONSTRUCTION AND FACILITY MOD5 ERNIZATION.

6 (a) SCHOOL CONSTRUCTION.—Section 8007 of the Ele7 mentary and Secondary Education Act of 1965 (20 U.S.C.

8 7707) is amended to read as follows:

9 ‘‘SEC. 8007. SCHOOL CONSTRUCTION.

10 ‘‘(a) PAYMENTS AUTHORIZED FOR SCHOOL CON11 STRUCTION.—From 20 percent of the amount appropriated

12 for each fiscal year under section 8014(d), the Secretary

13 shall make payments to each local educational agency—

14 ‘‘(1) that receives a basic payment under section

15 8003(b); and

16 ‘‘(2)(A) in which the number of children deter17 mined under section 8003(a)(1)(C) constituted at

18 least 50 percent of the number of children who were

19 in average daily attendance in the schools of such

20 agency during the preceding school year;

21 ‘‘(B) in which the number of children determined

22 under subparagraphs (B) and (D)(i) of section

23 8003(a)(1) constituted at least 50 percent of the num24 ber of children who were in average daily attendance

25 in the schools of such agency during the school year
724

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1 preceding the school year for which the determination

2 is made; or

3 ‘‘(C) that receives assistance under section

4 8003(b)(2) for the fiscal year preceding the school

5 year for which the determination is made.

6 ‘‘(b) AMOUNT OF PAYMENTS.—The amount of a pay7 ment to each such agency for a fiscal year shall be equal

8 to—

9 ‘‘(1) the amount made available under subsection

10 (a) for the fiscal year; divided by

11 ‘‘(2) the remainder of—

12 ‘‘(A) the number of children determined

13 under section 8003(a)(2) for all local educational

14 agencies described in subsection (a) for the fiscal

15 year; minus

16 ‘‘(B) the number of children attending a

17 school facility described in section 8008(a) for

18 which the Secretary provided assistance under

19 section 8008(a) for the previous fiscal year; mul20 tiplied by

21 ‘‘(3) the sum of the number of children described

22 in paragraph (2) determined for such agency for the

23 fiscal year.
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1 ‘‘(c) USE OF FUNDS.—Any local educational agency

2 that receives funds under this section shall use such funds

3 for construction, as defined in section 8013(3).’’.

4 (b) SCHOOL FACILITY MODERNIZATION.—Title VIII of

5 such Act (20 U.S.C. 7701 et seq.) is amended by inserting

6 after section 8007 (20 U.S.C. 7707) the following:

7 ‘‘SEC. 8007A. SCHOOL FACILITY MODERNIZATION.

8 ‘‘(a) PROGRAM AUTHORIZED.—

9 ‘‘(1) IN GENERAL.—From 80 percent of the

10 amount appropriated for each fiscal year under sec11 tion 8014(d), the Secretary shall award grants to eli12 gible local educational agencies to enable the local

13 educational agencies to carry out modernization of

14 school facilities.

15 ‘‘(2) ALLOCATION AMONG ELIGIBLE LOCAL EDU16 CATIONAL AGENCIES.—The Secretary shall allocate—

17 ‘‘(A) 45 percent of the amount made avail18 able under paragraph (1) for each fiscal year for

19 grants to local educational agencies described in

20 clause (i) or (ii) of subsection (b)(2)(A);

21 ‘‘(B) 45 percent of such amount for grants

22 to local educational agencies described in sub23 section (b)(2)(B); and
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1 ‘‘(C) 10 percent of such amount for grants

2 to local educational agencies described in sub3 section (b)(2)(C).

4 ‘‘(3) SPECIAL RULE.—A local educational agency

5 described in subsection (b)(2)(B) may use grant funds

6 made available under this section for a school facility

7 located on or near Federal property only if the school

8 facility is located at a school where not less than 50

9 percent of the children in average daily attendance in

10 the school for the preceding school year are children

11 for which a determination is made under section

12 8003(a)(1).

13 ‘‘(b) ELIGIBILITY REQUIREMENTS.—A local edu14 cational agency is eligible to receive funds under this section

15 only if—

16 ‘‘(1) such agency (or in the case of a local edu17 cational agency that does not have the authority to

18 tax or issue bonds, such agency’s fiscal agent) has no

19 capacity to issue bonds or is at such agency’s limit

20 in bonded indebtedness for the purposes of generating

21 funds for capital expenditures, except that a local

22 educational agency that is eligible to receive funds

23 under section 8003(b)(2) shall be deemed to have met

24 the requirements of this paragraph; and
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1 ‘‘(2)(A)(i) such agency received assistance under

2 section 8002(a) and has an assessed value of taxable

3 property per student in the school district that is less

4 than the average of the assessed value of taxable prop5 erty per student in the State in which the local edu6 cational agency is located; or

7 ‘‘(ii) had an enrollment of children determined

8 under section 8003(a)(1)(C) which constituted at least

9 25 percent of the number of children who were in av10 erage daily attendance in the schools of such agency

11 during the school year preceding the school year for

12 which the determination is made;

13 ‘‘(B) such agency received assistance under sec14 tion 8003(b) and had an enrollment of children deter15 mined under subparagraphs (A), (B), and (D) of sec16 tion 8003(a)(1) which constituted at least 25 percent

17 of the number of children who were in average daily

18 attendance in the schools of such agency during the

19 school year preceding the school year for which the de20 termination is made; or

21 ‘‘(C) such agency had an enrollment of children

22 determined under section 8003(a)(1)(C) which con23 stituted at least 50 percent of the number of children

24 who were in average daily attendance in the schools

25 of such agency during the school year preceding the
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1 school year for which the determination is made, and

2 has a school facility emergency, as determined by the

3 Secretary, that poses a health or safety hazard to the

4 students and school personnel assigned to the school

5 facility.

6 ‘‘(c) AWARD CRITERIA.—In awarding grants under

7 this section the Secretary shall consider 1 or more of the

8 following factors:

9 ‘‘(1) The extent to which the local educational

10 agency lacks the fiscal capacity to undertake the mod11 ernization project without Federal assistance.

12 ‘‘(2) The extent to which property in the local

13 educational agency is nontaxable due to the presence

14 of the Federal Government.

15 ‘‘(3) The extent to which the local educational

16 agency serves high numbers or percentages of children

17 described in subparagraphs (A), (B), (C), and (D) of

18 section 8003(a)(1).

19 ‘‘(4) The need for modernization to meet—

20 ‘‘(A) the threat that the condition of the

21 school facility poses to the safety and well-being

22 of students;

23 ‘‘(B) overcrowding conditions as evidenced

24 by the use of trailers and portable buildings and
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1 the potential for future overcrowding because of

2 increased enrollment; and

3 ‘‘(C) facility needs resulting from actions of

4 the Federal Government.

5 ‘‘(5) The age of the school facility to be modern6 ized.

7 ‘‘(d) OTHER AWARD PROVISIONS.—

8 ‘‘(1) AMOUNT CONSIDERATION.—In determining

9 the amount of a grant awarded under this section, the

10 Secretary shall consider the cost of the modernization

11 and the ability of the local educational agency to

12 produce sufficient funds to carry out the activities for

13 which assistance is sought.

14 ‘‘(2) FEDERAL SHARE.—The Federal funds pro15 vided to a local educational agency under this section

16 shall not exceed 50 percent of the total cost of the

17 project to be assisted under this section. A local edu18 cational agency may use in-kind contributions to

19 meet the matching requirement of the preceding sen20 tence.

21 ‘‘(3) MAXIMUM GRANT.—A local educational

22 agency may not receive a grant under this section in

23 an amount that exceeds $3,000,000 during any 5-year

24 period.
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1 ‘‘(e) APPLICATIONS.—A local educational agency de2 siring to receive a grant under this section shall submit an

3 application to the Secretary at such time, in such manner,

4 and accompanied by such information as the Secretary

5 may require. Each application shall contain—

6 ‘‘(1) documentation of the agency’s lack of bond7 ing capacity;

8 ‘‘(2) a listing of the school facilities to be mod9 ernized, including the number and percentage of chil10 dren determined under section 8003(a)(1) in average

11 daily attendance in each school facility;

12 ‘‘(3) a description of the ownership of the prop13 erty on which the current school facility is located or

14 on which the planned school facility will be located;

15 ‘‘(4) a description of any school facility defi16 ciency that poses a health or safety hazard to the oc17 cupants of the school facility and a description of how

18 that deficiency will be repaired;

19 ‘‘(5) a description of the modernization to be

20 supported with funds provided under this section;

21 ‘‘(6) a cost estimate of the proposed moderniza22 tion; and

23 ‘‘(7) such other information and assurances as

24 the Secretary may reasonably require.

25 ‘‘(f) EMERGENCY GRANTS.—
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1 ‘‘(1) APPLICATIONS.—Each local educational

2 agency described in subsection (b)(2)(C) that desires

3 a grant under this section shall include in the appli4 cation submitted under subsection (e) a signed state5 ment from an appropriate State official certifying

6 that a health or safety deficiency exists.

7 ‘‘(2) INAPPLICABILITY OF CERTAIN PROVI8 SIONS.—Paragraphs (2) and (3) of subsection (d)

9 shall not apply to grants under this section awarded

10 to local educational agencies described in subsection

11 (b)(2)(C).

12 ‘‘(3) SPECIAL RULES.—The Secretary shall make

13 every effort to meet fully the school facility needs of

14 local educational agencies described in subsection

15 (b)(2)(C).

16 ‘‘(4) PRIORITY.—If the Secretary receives more

17 than 1 application from local educational agencies

18 described in subsection (b)(2)(C) for grants under this

19 section for any fiscal year, the Secretary shall give

20 priority to local educational agencies based on when

21 an application was received and the severity of the

22 emergency as determined by the Secretary.

23 ‘‘(5) CONSIDERATION FOR FOLLOWING YEAR.—A

24 local educational agency described in subsection

25 (b)(2)(C) that applies for a grant under this section
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1 for any fiscal year and does not receive the grant

2 shall have the application for the grant considered for

3 the following fiscal year, subject to the priority de4 scribed in paragraph (4).

5 ‘‘(g) GENERAL LIMITATIONS.—

6 ‘‘(1) REAL PROPERTY.—No part of any grant

7 funds awarded under this section shall be used for the

8 acquisition of any interest in real property.

9 ‘‘(2) MAINTENANCE.—Nothing in this section

10 shall be construed to authorize the payment of main11 tenance costs in connection with any school facilities

12 modernized in whole or in part with Federal funds

13 provided under this section.

14 ‘‘(3) ENVIRONMENTAL SAFEGUARDS.—All

15 projects carried out with Federal funds provided

16 under this section shall comply with all relevant Fed17 eral, State, and local environmental laws and regula18 tions.

19 ‘‘(4) ATHLETIC AND SIMILAR SCHOOL FACILI20 TIES.—No Federal funds received under this section

21 shall be used for outdoor stadiums or other school fa22 cilities that are primarily used for athletic contests or

23 exhibitions, or other events, for which admission is

24 charged to the general public.
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1 ‘‘(h) SUPPLEMENT NOT SUPPLANT.—An eligible local

2 educational agency shall use funds received under this sec3 tion only to supplement the amount of funds that would,

4 in the absence of such Federal funds, be made available from

5 non-Federal sources for the modernization of school facili6 ties used for educational purposes, and not to supplant such

7 funds.’’.

8 SEC. 807. STATE CONSIDERATION OF PAYMENTS IN PRO9 VIDING STATE AID.

10 Section 8009 (20 U.S.C. 7709) is amended—

11 (1) in subsection (a)(1), by striking ‘‘or under’’

12 and all that follows through ‘‘of 1994)’’;

13 (2) by amending subsection (b)(1) to read as fol14 lows:

15 ‘‘(1) IN GENERAL.—A State may reduce State

16 aid to a local educational agency that receives a pay17 ment under section 8002 or 8003(b) (except the

18 amount calculated in excess of 1.0 under section

19 8003(a)(2)(B)) for any fiscal year if the Secretary de20 termines, and certifies under subsection (c)(3)(A),

21 that the State has in effect a program of State aid

22 that equalizes expenditures for free public education

23 among local educational agencies in the State.’’; and

24 (3) in subsection (d)—

25 (A) in paragraph (1)—
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1 (i) in the matter proceeding subpara2 graph (A), by striking ‘‘or under’’ and all

3 that follows through ‘‘of 1994)’’; and

4 (ii) in subparagraph (B), by striking

5 ‘‘or under’’ and all that follows through ‘‘of

6 1994)’’; and

7 (B) in paragraph (2), by striking ‘‘or

8 under’’ and all that follows through ‘‘of 1994)’’.

9 SEC. 808. FEDERAL ADMINISTRATION.

10 Section 8010(c) (20 U.S.C. 7710(c)) is amended—

11 (1) by striking paragraph (1);

12 (2) by redesignating paragraphs (2) and (3) as

13 paragraphs (1) and (2), respectively;

14 (3) in paragraph (1) (as so redesignated), by

15 striking ‘‘paragraph (3)’’ each place the term appears

16 and inserting ‘‘paragraph (2)’’; and

17 (4) in paragraph (2) (as so redesignated)—

18 (A) in subparagraph (D), by striking ‘‘sec19 tion 5(d)(2)’’ and all that follows through ‘‘of

20 1994) or’’; and

21 (B) in subparagraph (E)—

22 (i) by striking ‘‘1994’’ and inserting

23 ‘‘1999’’;

24 (ii) by striking ‘‘(or such section’s

25 predecessor authority)’’; and
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1 (iii) by striking ‘‘paragraph (2)’’ and

2 inserting ‘‘paragraph (1)’’.

3 SEC. 809. ADMINISTRATIVE HEARINGS AND JUDICIAL RE4 VIEW.

5 Section 8011(a) (20 U.S.C. 7711(a)) is amended—

6 (1) by striking ‘‘the Act’’ and all that follows

7 through ‘‘of 1994)’’ and inserting ‘‘this title’s prede8 cessor authorities’’; and

9 (2) by inserting before the period ‘‘, if a request

10 for such hearing is submitted to the Secretary by the

11 affected local educational agency or State educational

12 agency not later than 60 days after receiving notice

13 that such action has occurred’’.

14 SEC. 810. FORGIVENESS OF OVERPAYMENTS.

15 The matter preceding paragraph (1) of section 8012

16 (20 U.S.C. 7712) is amended by striking ‘‘under the Act’’

17 and all that follows through ‘‘of 1994)’’ and inserting

18 ‘‘under this title’s predecessor authorities’’.

19 SEC. 811. APPLICABILITY.

20 Title VIII is amended by inserting after section 8012

21 (20 U.S.C. 7712) the following:

22 ‘‘SEC. 8012A. APPLICABILITY TO THIS TITLE.

23 ‘‘Part B of title IV, parts D, E, and F of title VI,

24 and part A of title X, shall not apply to this title.’’.
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1 SEC. 812. DEFINITIONS.

2 Section 8013 (20 U.S.C. 7713) is amended—

3 (1) in the first sentence of paragraph (4), by

4 striking ‘‘title VI’’ and inserting ‘‘part A of title VI’’;

5 (2) in paragraph (5)—

6 (A) in subparagraph (A)(iii)—

7 (i) in subclause (I)—

8 (I) by striking ‘‘low-rent’’ and in9 serting ‘‘low-income’’; and

10 (II) by striking ‘‘or’’ after the

11 semicolon; and

12 (ii) by adding at the end the following:

13 ‘‘(III) used for affordable housing

14 assisted under the Native American

15 Housing Assistance and Self-Deter16 mination Act of 1996; or’’; and

17 (B) in subparagraph (F)(i), by striking

18 ‘‘the mutual’’ and all that follows through

19 ‘‘1937’’ and inserting ‘‘or authorized by the Na20 tive American Housing Assistance and Self-De21 termination Act of 1996’’;

22 (3) in paragraph (8)(B), by striking ‘‘all States’’

23 and inserting ‘‘the 50 States and the District of Co24 lumbia’’;

25 (4) in paragraph (9)(B)(i), by striking ‘‘or the

26 Act’’ and all that follows through ‘‘of 1994)’’ and in-
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1 serting ‘‘(or under this title’s predecessor authori2 ties)’’;

3 (5) by redesignating paragraphs (11) and (12)

4 as paragraphs (12) and (13), respectively;

5 (6) by inserting after paragraph (10) the fol6 lowing:

7 ‘‘(11) MODERNIZATION.—The term ‘moderniza8 tion’ means repair, renovation, alteration, or con9 struction, including—

10 ‘‘(A) the concurrent installation of equip11 ment; and

12 ‘‘(B) the complete or partial replacement of

13 an existing school facility, but only if such re14 placement is less expensive and more cost-effec15 tive than repair, renovation, or alteration of the

16 school facility.’’; and

17 (7) by amending paragraph (13) (as so redesig18 nated) to read as follows:

19 ‘‘(13) SCHOOL FACILITY.—The term ‘school facil20 ity’ includes—

21 ‘‘(A) a classroom, laboratory, library, media

22 center, or related facility, the primary purpose of

23 which is the instruction of public elementary

24 school or secondary school students; and
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1 ‘‘(B) equipment, machinery, and utilities

2 necessary or appropriate for school purposes.’’.

3 SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

4 (a) IN GENERAL.—Section 8014 (20 U.S.C. 7714) is

5 amended—

6 (1) in subsection (a), by striking ‘‘$16,750,000

7 for fiscal year 1995’’ and inserting ‘‘$35,000,000 for

8 fiscal year 2001’’;

9 (2) by amending subsection (b) to read as fol10 lows:

11 ‘‘(b) BASIC PAYMENTS; PAYMENTS FOR HEAVILY IM12 PACTED LOCAL EDUCATIONAL AGENCIES.—For the purpose

13 of making payments under subsection (b) of section 8003,

14 there are authorized to be appropriated $875,000,000 for

15 fiscal year 2001 and such sums as may be necessary for

16 each of the 4 succeeding fiscal years.’’;

17 (3) in subsection (c), by striking ‘‘$45,000,000

18 for fiscal year 1995’’ and inserting ‘‘$60,000,000 for

19 fiscal year 2001’’;

20 (4) by striking subsection (d);

21 (5) by redesignating subsections (e), (f) and (g)

22 as subsections (d), (e) and (f), respectively;

23 (6) in subsection (d) (as so redesignated)—
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1 (A) in the subsection heading by inserting

2 ‘‘AND FACILITY MODERNIZATION’’ after ‘‘CON3 STRUCTION’’;

4 (B) by striking ‘‘section 8007’’ and insert5 ing ‘‘sections 8007 and 8007A’’; and

6 (C) by striking ‘‘$25,000,000 for fiscal year

7 1995’’ and inserting ‘‘$62,500,000 for fiscal year

8 2001’’;

9 (7) in subsection (e) (as so redesignated), by

10 striking $2,000,000 for fiscal year 1995’’ and insert11 ing ‘‘$7,000,000 for fiscal year 2001’’; and

12 (8) in subsection (f) (as so redesignated), by

13 striking ‘‘such sums as are necessary beginning in fis14 cal year 1998 and for each succeeding fiscal year’’

15 and inserting ‘‘$500,000 for fiscal year 2001 and such

16 sums as may be necessary for each of the 4 succeeding

17 fiscal years’’.

18 (b) CONFORMING AMENDMENTS.—Title VIII (20

19 U.S.C. 7701 et seq.) is amended—

20 (1) in section 8002(j)(1) (20 U.S.C. 7702(j)(1)),

21 by striking ‘‘8014(g)’’ and inserting ‘‘8014(f)’’; and

22 (2) in section 8008(a) (20 U.S.C. 7708(a)), by

23 striking ‘‘8014(f)’’ and inserting ‘‘8014(e)’’.
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1 SEC. 814. TECHNICAL AND CONFORMING AMENDMENT.

2 Section 426 of the General Education Provisions Act

3 (20 U.S.C. 1228) is amended by striking ‘‘subsections (d)

4 and (g) of section 8003’’ and inserting ‘‘section 8003(d)’’.

5 TITLE IX—INDIAN, NATIVE HA6 WAIIAN, AND ALASKA NATIVE

7 EDUCATION

8 SEC. 901. PROGRAMS.

9 Title IX (20 U.S.C. 7801 et seq.) is amended to read

10 as follows:

11 ‘‘TITLE IX—INDIAN, NATIVE HA12 WAIIAN, AND ALASKA NATIVE

13 EDUCATION

14 ‘‘PART A—INDIAN EDUCATION

15 ‘‘SEC. 9101. FINDINGS.

16 ‘‘Congress finds that—

17 ‘‘(1) the Federal Government has a special re18 sponsibility to ensure that educational programs for

19 all American Indian and Alaska Native children and

20 adults—

21 ‘‘(A) are based on high-quality, internation22 ally competitive content standards and student

23 performance standards, and build on Indian cul24 ture and the Indian community;

25 ‘‘(B) assist local educational agencies, In26 dian tribes, and other entities and individuals in
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1 providing Indian students the opportunity to

2 achieve the standards described in subparagraph

3 (A); and

4 ‘‘(C) meet the unique educational and cul5 turally related academic needs of American In6 dian and Alaska Native students;

7 ‘‘(2) since the date of enactment of the Indian

8 Education Act in 1972, the level of involvement of In9 dian parents in the planning, development, and im10 plementation of educational programs that affect such

11 parents and their children has increased significantly,

12 and schools should continue to foster such involve13 ment;

14 ‘‘(3) although the number of Indian teachers, ad15 ministrators, and university professors has increased

16 since 1972, teacher training programs are not recruit17 ing, training, or retraining a sufficient number of In18 dian individuals as educators to meet the needs of a

19 growing Indian student population in elementary,

20 secondary, vocational, adult, and higher education;

21 ‘‘(4) the dropout rate for Indian students is un22 acceptably high: 9 percent of Indian students who

23 were eighth graders in 1988 had already dropped out

24 of school by 1990;
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1 ‘‘(5) during the period from 1980 to 1990, the

2 percentage of Indian individuals living at or below

3 the poverty level increased from 24 percent to 31 per4 cent, and the readiness of Indian children to learn is

5 hampered by the high incidence of poverty, unemploy6 ment, and health problems among Indian children

7 and their families; and

8 ‘‘(6) research related specifically to the education

9 of Indian children and adults is very limited, and

10 much of the research is of poor quality or is focused

11 on limited local or regional issues.

12 ‘‘SEC. 9102. PURPOSE.

13 ‘‘(a) PURPOSE.—The purpose of this part is to support

14 the efforts of local educational agencies, Indian tribes and

15 organizations, postsecondary institutions, and other entities

16 to meet the unique educational and culturally related aca17 demic needs of American Indian and Alaska Native stu18 dents, so that such students can meet the same challenging

19 State performance standards as are expected for all stu20 dents.

21 ‘‘(b) PROGRAMS.—This part carries out the purpose

22 described in subsection (a) by authorizing programs of di23 rect assistance for—
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1 ‘‘(1) meeting the unique educational and cul2 turally related academic needs of American Indians

3 and Alaska Natives;

4 ‘‘(2) the education of Indian children and adults;

5 ‘‘(3) the training of Indian persons as educators

6 and counselors, and in other professions serving In7 dian people; and

8 ‘‘(4) research, evaluation, data collection, and

9 technical assistance.

10 ‘‘Subpart 1—Formula Grants to Local Educational

11 Agencies

12 ‘‘SEC. 9111. PURPOSE.

13 ‘‘The purpose of this subpart is to support local edu14 cational agencies in their efforts to reform elementary school

15 and secondary school programs that serve Indian students

16 in order to ensure that such programs—

17 ‘‘(1) are based on challenging State content

18 standards and State student performance standards

19 that are used for all students; and

20 ‘‘(2) are designed to assist Indian students to

21 meet those standards and assist the Nation in reach22 ing the National Education Goals.
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1 ‘‘SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

2 ‘‘(a) IN GENERAL.—The Secretary may make grants

3 to local educational agencies and Indian tribes in accord4 ance with this section.

5 ‘‘(b) LOCAL EDUCATIONAL AGENCIES.—

6 ‘‘(1) ENROLLMENT REQUIREMENTS.—A local

7 educational agency shall be eligible for a grant under

8 this subpart for any fiscal year if the number of In9 dian children who are eligible under section 9117,

10 and who were enrolled in the schools of the agency,

11 and to whom the agency provided free public edu12 cation, during the preceding fiscal year—

13 ‘‘(A) was at least 10; or

14 ‘‘(B) constituted not less than 25 percent of

15 the total number of individuals enrolled in the

16 schools of such agency.

17 ‘‘(2) EXCLUSION.—The requirement of para18 graph (1) shall not apply in Alaska, California, or

19 Oklahoma, or with respect to any local educational

20 agency located on, or in proximity to, a reservation.

21 ‘‘(c) INDIAN TRIBES.—

22 ‘‘(1) IN GENERAL.—If a local educational agency

23 that is otherwise eligible for a grant under this sub24 part does not establish a parent committee under sec25 tion 9114(c)(4), an Indian tribe that represents not

less than 1 26 ⁄2 of the eligible Indian children who are
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1 served by such local educational agency may apply

2 for such grant by submitting an application in ac3 cordance with section 9114.

4 ‘‘(2) SPECIAL RULE.—The Secretary shall treat

5 each Indian tribe applying for a grant pursuant to

6 paragraph (1) as if such Indian tribe were a local

7 educational agency for purposes of this subpart, ex8 cept that any such tribe shall not be subject to section

9 9114(c)(4) (relating to a parent committee), section

10 9118(c) (relating to maintenance of effort), or section

11 9119 (relating to State review of applications).

12 ‘‘SEC. 9113. AMOUNT OF GRANTS.

13 ‘‘(a) AMOUNT OF GRANT AWARDS.—

14 ‘‘(1) IN GENERAL.—Except as provided in sub15 sections (c) and (d), for purposes of making grants

16 under this subpart the Secretary shall allocate to each

17 local educational agency that has an approved appli18 cation under this subpart an amount equal to the

19 product of—

20 ‘‘(A) the number of Indian children who are

21 eligible under section 9117 and served by such

22 agency; and

23 ‘‘(B) the greater of—
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1 ‘‘(i) the average per-pupil expenditure

2 of the State in which such agency is located;

3 or

4 ‘‘(ii) 80 percent of the average per5 pupil expenditure of all the States.

6 ‘‘(2) REDUCTION.—The Secretary shall reduce

7 the amount of each allocation determined under para8 graph (1) or subsection (b) in accordance with sub9 section (c).

10 ‘‘(b) SCHOOLS OPERATED OR SUPPORTED BY THE BU11 REAU OF INDIAN AFFAIRS.—

12 ‘‘(1) IN GENERAL.—In addition to the grants

13 awarded under subsection (a), and subject to para14 graph (2), for purposes of making grants under this

15 subpart the Secretary shall allocate to the Secretary

16 of the Interior an amount equal to the product of—

17 ‘‘(A) the total number of Indian children

18 enrolled in schools that are operated by—

19 ‘‘(i) the Bureau of Indian Affairs; or

20 ‘‘(ii) an Indian tribe, or an organiza21 tion controlled or sanctioned by an Indian

22 tribal government, for the children of such

23 tribe under a contract with, or grant from,

24 the Department of the Interior under the
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1 Indian Self-Determination Act or the Trib2 ally Controlled Schools Act of 1988; and

3 ‘‘(B) the greater of—

4 ‘‘(i) the average per-pupil expenditure

5 of the State in which the school is located;

6 or

7 ‘‘(ii) 80 percent of the average per8 pupil expenditure of all the States.

9 ‘‘(2) SPECIAL RULE.—Any school described in

10 paragraph (1) may apply for an allocation under

11 this subpart by submitting an application in accord12 ance with section 9114. The Secretary shall treat the

13 school as if the school were a local educational agency

14 for purposes of this subpart, except that any such

15 school shall not be subject to section 9114(c)(4),

16 9118(c), or 9119.

17 ‘‘(c) RATABLE REDUCTIONS.—If the sums appro18 priated for any fiscal year under section 9162(a) are insuf19 ficient to pay in full the amounts determined for local edu20 cational agencies under subsection (a) and for the Secretary

21 of the Interior under subsection (b), each of those amounts

22 shall be ratably reduced.

23 ‘‘(d) MINIMUM GRANT.—

24 ‘‘(1) IN GENERAL.—Notwithstanding subsection

25 (c), a local educational agency (including an Indian
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1 tribe as authorized under section 9112(b)) that is eli2 gible for a grant under section 9112, and a school

3 that is operated or supported by the Bureau of Indian

4 Affairs that is eligible for a grant under subsection

5 (b), that submits an application that is approved by

6 the Secretary, shall, subject to appropriations, receive

7 a grant under this subpart in an amount that is not

8 less than $3,000.

9 ‘‘(2) CONSORTIA.—Local educational agencies

10 may form a consortium for the purpose of obtaining

11 grants under this subpart.

12 ‘‘(3) INCREASE.—The Secretary may increase

13 the minimum grant under paragraph (1) to not more

14 than $4,000 for all grant recipients if the Secretary

15 determines such increase is necessary to ensure qual16 ity programs.

17 ‘‘(e) DEFINITION.—In this section, the term ‘average

18 per-pupil expenditure’, for a State, means an amount equal

19 to—

20 ‘‘(1) the sum of the aggregate current expendi21 tures of all the local educational agencies in the State,

22 plus any direct current expenditures by the State for

23 the operation of such agencies, without regard to the

24 sources of funds from which such local or State ex25 penditures were made, during the second fiscal year
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1 preceding the fiscal year for which the computation is

2 made; divided by

3 ‘‘(2) the aggregate number of children who were

4 included in average daily attendance and for whom

5 such agencies provided free public education during

6 such preceding fiscal year.

7 ‘‘SEC. 9114. APPLICATIONS.

8 ‘‘(a) APPLICATION REQUIRED.—Each local edu9 cational agency that desires to receive a grant under this

10 subpart shall submit an application to the Secretary at

11 such time, in such manner, and containing such informa12 tion as the Secretary may reasonably require.

13 ‘‘(b) COMPREHENSIVE PROGRAM REQUIRED.—Each

14 application submitted under subsection (a) shall include a

15 description of a comprehensive program for meeting the

16 needs of Indian children served by the local educational

17 agency, including the language and cultural needs of the

18 children, that—

19 ‘‘(1) describes how the comprehensive program

20 will offer programs and activities to meet the cul21 turally related academic needs of American Indian

22 and Alaska Native students;

23 ‘‘(2)(A) is consistent with the State and local

24 plans submitted under other provisions of this Act;

25 and
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1 ‘‘(B) includes academic content and student per2 formance goals for such children, and benchmarks for

3 attaining such goals, that are based on the chal4 lenging State standards adopted under title I for all

5 children;

6 ‘‘(3) explains how Federal, State, and local pro7 grams, especially programs carried out under title I,

8 will meet the needs of such students;

9 ‘‘(4) demonstrates how funds made available

10 under this subpart will be used for activities described

11 in section 9115;

12 ‘‘(5) describes the professional development op13 portunities that will be provided, as needed, to ensure

14 that—

15 ‘‘(A) teachers and other school professionals

16 who are new to the Indian community are pre17 pared to work with Indian children; and

18 ‘‘(B) all teachers who will be involved in

19 programs assisted under this subpart have been

20 properly trained to carry out such programs;

21 and

22 ‘‘(6) describes how the local educational

23 agency—

24 ‘‘(A) will periodically assess the progress of

25 all Indian children enrolled in the schools of the
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1 local educational agency, including Indian chil2 dren who do not participate in programs as3 sisted under this subpart, in meeting the goals

4 described in paragraph (2);

5 ‘‘(B) will provide the results of each assess6 ment referred to in subparagraph (A) to—

7 ‘‘(i) the committee of parents described

8 in subsection (c)(4); and

9 ‘‘(ii) the community served by the local

10 educational agency; and

11 ‘‘(C) is responding to findings of any pre12 vious assessments that are similar to the assess13 ments described in subparagraph (A).

14 ‘‘(c) ASSURANCES.—Each application submitted

15 under subsection (a) shall include assurances that—

16 ‘‘(1) the local educational agency will use funds

17 received under this subpart only to supplement the

18 funds that, in the absence of the Federal funds made

19 available under this subpart, such agency would make

20 available for the education of Indian children, and

21 not to supplant such funds;

22 ‘‘(2) the local educational agency will prepare

23 and submit to the Secretary such reports, in such

24 form and containing such information, as the Sec25 retary may require to—
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1 ‘‘(A) carry out the functions of the Sec2 retary under this subpart; and

3 ‘‘(B) determine the extent to which activi4 ties carried out with funds provided to the local

5 educational agency under this subpart are effec6 tive in improving the educational achievement of

7 Indian students served by such agency;

8 ‘‘(3) the program for which assistance is

9 sought—

10 ‘‘(A) is based on a comprehensive local as11 sessment and prioritization of the unique edu12 cational and culturally related academic needs of

13 the American Indian and Alaska Native students

14 for whom the local educational agency is pro15 viding an education;

16 ‘‘(B) will use the best available talents and

17 resources, including individuals from the Indian

18 community; and

19 ‘‘(C) was developed by such agency in open

20 consultation with parents of Indian children and

21 teachers, and, if appropriate, Indian students

22 from secondary schools, including through public

23 hearings held by such agency to provide to the

24 individuals described in this subparagraph a full

25 opportunity to understand the program and to
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1 offer recommendations regarding the program;

2 and

3 ‘‘(4) the local educational agency developed the

4 program with the participation and written approval

5 of a committee—

6 ‘‘(A) that is composed of, and selected by—

7 ‘‘(i) parents of Indian children in the

8 local educational agency’s schools and

9 teachers in the schools; and

10 ‘‘(ii) if appropriate, Indian students

11 attending secondary schools of the agency;

12 ‘‘(B) a majority of whose members are par13 ents of Indian children;

14 ‘‘(C) that has set forth such policies and

15 procedures, including policies and procedures re16 lating to the hiring of personnel, as will ensure

17 that the program for which assistance is sought

18 will be operated and evaluated in consultation

19 with, and with the involvement of, parents of the

20 children, and representatives of the area, to be

21 served;

22 ‘‘(D) with respect to an application describ23 ing a schoolwide program carried out in accord24 ance with section 9115(c), that has—
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1 ‘‘(i) reviewed in a timely fashion the

2 program; and

3 ‘‘(ii) determined that the program will

4 enhance the availability of culturally re5 lated activities for American Indian and

6 Alaska Native students; and

7 ‘‘(E) that has adopted reasonable bylaws for

8 the conduct of the activities of the committee and

9 abides by such bylaws.

10 ‘‘SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.

11 ‘‘(a) GENERAL REQUIREMENTS.—Each local edu12 cational agency that receives a grant under this subpart

13 shall use the grant funds, in a manner consistent with the

14 purpose specified in section 9111, for services and activities

15 that—

16 ‘‘(1) are designed to carry out the comprehensive

17 program of the local educational agency for Indian

18 students, and described in the application of the local

19 educational agency submitted to the Secretary under

20 section 9114;

21 ‘‘(2) are designed with special regard for the lan22 guage and cultural needs of the Indian students; and

23 ‘‘(3) supplement and enrich the regular school

24 program of such agency.
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1 ‘‘(b) PARTICULAR SERVICES AND ACTIVITIES.—The

2 services and activities referred to in subsection (a) may

3 include—

4 ‘‘(1) culturally related activities that support the

5 program described in the application submitted by

6 the local educational agency;

7 ‘‘(2) early childhood and family programs that

8 emphasize school readiness;

9 ‘‘(3) enrichment programs that focus on problem10 solving and cognitive skills development and directly

11 support the attainment of challenging State content

12 standards and State student performance standards;

13 ‘‘(4) integrated educational services in combina14 tion with other programs that meet the needs of In15 dian children and their families;

16 ‘‘(5) career preparation activities to enable In17 dian students to participate in programs such as the

18 programs supported by Public Law 103–239 and

19 Public Law 88–210, including programs for tech20 prep, mentoring, and apprenticeship activities;

21 ‘‘(6) activities to educate individuals concerning

22 substance abuse and to prevent substance abuse;

23 ‘‘(7) the acquisition of equipment, but only if the

24 acquisition of the equipment is essential to meet the

25 purpose described in section 9111;
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1 ‘‘(8) activities that promote the incorporation of

2 culturally responsive teaching and learning strategies

3 into the educational program of the local educational

4 agency;

5 ‘‘(9) activities that incorporate American Indian

6 and Alaska Native specific curriculum content, con7 sistent with State standards, into the curriculum used

8 by the local educational agency;

9 ‘‘(10) activities to promote coordination and col10 laboration between tribal, Federal, and State public

11 schools in areas that will improve American Indian

12 and Alaska Native student achievement; and

13 ‘‘(11) family literacy services.

14 ‘‘(c) SCHOOLWIDE PROGRAMS.—Notwithstanding any

15 other provision of law, a local educational agency may use

16 funds made available to such agency under this subpart to

17 support a schoolwide program under section 1114 if—

18 ‘‘(1) the committee composed of parents estab19 lished pursuant to section 9114(c)(4) approves the use

20 of the funds for the schoolwide program; and

21 ‘‘(2) the schoolwide program is consistent with

22 the purpose described in section 9111.

23 ‘‘(d) ADMINISTRATIVE COSTS.—Not more than 5 per24 cent of the funds made available to a local educational agen-
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1 cy through a grant made under this subpart for a fiscal

2 year may be used to pay for administrative costs.

3 ‘‘SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.

4 ‘‘(a) PLAN.—An entity receiving funds under this sub5 part may submit a plan to the Secretary for a demonstra6 tion project for the integration of education and related

7 services provided to Indian students.

8 ‘‘(b) CONSOLIDATION OF PROGRAMS.—Upon the re9 ceipt of an acceptable plan under subsection (a), the Sec10 retary, in cooperation with each Federal agency providing

11 grants for the provision of education and related services

12 to the applicant, shall authorize the applicant to consoli13 date, in accordance with such plan, the federally funded

14 education and related services programs of the applicant

15 and the agencies, or portions of the programs, serving In16 dian students in a manner that integrates the program

17 services involved into a single, coordinated, comprehensive

18 program and reduces administrative costs by consolidating

19 administrative functions.

20 ‘‘(c) PROGRAMS AFFECTED.—The funds that may be

21 consolidated in a demonstration project under any such

22 plan referred to in subsection (b) shall include funds for

23 any Federal program exclusively serving Indian children,

24 or the funds reserved exclusively to serve Indian children

25 under any program, for which the applicant is eligible for
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1 receipt of funds under a statutory or administrative for2 mula for the purposes of providing education and related

3 services for Indian students.

4 ‘‘(d) PLAN REQUIREMENTS.—For a plan to be accept5 able pursuant to subsection (b), the plan shall—

6 ‘‘(1) identify the programs or funding sources to

7 be consolidated;

8 ‘‘(2) be consistent with the objectives of this sec9 tion authorizing the program services to be integrated

10 in a demonstration project;

11 ‘‘(3) describe a comprehensive strategy that iden12 tifies the full range of potential educational opportu13 nities and related services to be provided to assist In14 dian students to achieve the objectives set forth in this

15 subpart;

16 ‘‘(4) describe the way in which the services are

17 to be integrated and delivered and the results expected

18 from the plan;

19 ‘‘(5) identify the projected expenditures under

20 the plan in a single budget;

21 ‘‘(6) identify the State, tribal, or local agencies

22 to be involved in the delivery of the services integrated

23 under the plan;

24 ‘‘(7) identify any statutory provisions, regula25 tions, policies, or procedures that the applicant be-
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1 lieves need to be waived in order to implement the

2 plan;

3 ‘‘(8) set forth measures of student achievement

4 and performance goals designed to be met within a

5 specified period of time for activities provided under

6 the plan; and

7 ‘‘(9) be approved by a parent committee formed

8 in accordance with section 9114(c)(4), if such a com9 mittee exists, in consultation with the Committee on

10 Resources of the House of Representatives and the

11 Committee on Indian Affairs of the Senate.

12 ‘‘(e) PLAN REVIEW.—Upon receipt of the plan from

13 an eligible entity, the Secretary shall consult with the head

14 of each Federal agency providing funds to be used to imple15 ment the plan, and with the entity submitting the plan.

16 The parties so consulting shall identify any waivers of stat17 utory requirements or of Federal regulations, policies, or

18 procedures necessary to enable the applicant to implement

19 the plan. Notwithstanding any other provision of law, the

20 Secretary of the affected agency shall have the authority to

21 waive, for the applicant, any regulation, policy, or proce22 dure promulgated by that agency that has been so identified

23 by the applicant or agency, unless the head of the affected

24 agency determines that such a waiver is inconsistent with

25 the objectives of this subpart or the provisions of the statute
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1 from which the program involved derives authority that are

2 specifically applicable to Indian students.

3 ‘‘(f) PLAN APPROVAL.—Within 90 days after the re4 ceipt of an applicant’s plan by the Secretary under sub5 section (a), the Secretary shall inform the applicant, in

6 writing, of the Secretary’s approval or disapproval of the

7 plan. If the plan is disapproved, the applicant shall be in8 formed, in writing, of the reasons for the disapproval and

9 shall be given an opportunity to amend the plan or to peti10 tion the Secretary to reconsider such disapproval.

11 ‘‘(g) RESPONSIBILITIES OF DEPARTMENT OF EDU12 CATION.—Not later than 180 days after the date of enact13 ment of the Educational Opportunities Act, the Secretary

14 of Education, the Secretary of the Interior, and the head

15 of any other Federal agency identified by the Secretary of

16 Education, shall enter into an interagency memorandum

17 of agreement providing for the implementation of the dem18 onstration projects authorized under this section. The lead

19 agency for a demonstration project authorized under this

20 section shall be—

21 ‘‘(1) the Department of the Interior, in the case

22 of an applicant that is a contract or grant school, as

23 defined in section 1146 of the Education Amendments

24 of 1978; or
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1 ‘‘(2) the Department of Education, in the case of

2 any other applicant.

3 ‘‘(h) RESPONSIBILITIES OF LEAD AGENCY.—The re4 sponsibilities of the lead agency for a demonstration project

5 shall include—

6 ‘‘(1) the use of a single report format related to

7 the plan for the individual project, which shall be

8 used by an eligible entity to report on the activities

9 undertaken under the project;

10 ‘‘(2) the use of a single report format related to

11 the projected expenditures for the individual project,

12 which shall be used by an eligible entity to report on

13 all project expenditures;

14 ‘‘(3) the development of a single system of Fed15 eral oversight for the project, which shall be imple16 mented by the lead agency; and

17 ‘‘(4) the provision of technical assistance to an

18 eligible entity appropriate to the project, except that

19 an eligible entity shall have the authority to accept or

20 reject the plan for providing such technical assistance

21 and the technical assistance provider.

22 ‘‘(i) REPORT REQUIREMENTS.—

23 ‘‘(1) IN GENERAL.—The Secretary shall develop,

24 consistent with the requirements of this section, a sin-
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1 gle report format for the reports described in sub2 section (h).

3 ‘‘(2) REPORT INFORMATION.—Such report for4 mat shall require that the reports shall—

5 ‘‘(A) contain such information as will allow

6 a determination that the eligible entity has com7 plied with the requirements incorporated in the

8 entity’s approved plan, including the demonstra9 tion of student achievement; and

10 ‘‘(B) provide assurances to the Secretary of

11 Education and the Secretary of the Interior that

12 the eligible entity has complied with all directly

13 applicable statutory requirements and with those

14 directly applicable regulatory requirements that

15 have not been waived.

16 ‘‘(3) RECORD INFORMATION.—The Secretary

17 shall require that records maintained at the local level

18 on the programs consolidated for the project shall con19 tain the information and provide the assurances de20 scribed in paragraph (2).

21 ‘‘(j) NO REDUCTION IN AMOUNTS.—In no case shall

22 the amount of Federal funds available to an eligible entity

23 involved in any demonstration project be reduced as a re24 sult of the enactment of this section.
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1 ‘‘(k) INTERAGENCY FUND TRANSFERS AUTHORIZED.—

2 The Secretary is authorized to take such action as may be

3 necessary to provide for an interagency transfer of funds

4 otherwise available to an eligible entity in order to further

5 the objectives of this section.

6 ‘‘(l) ADMINISTRATION OF FUNDS.—

7 ‘‘(1) IN GENERAL.—An eligible entity shall ad8 minister the program funds for the consolidated pro9 grams in such a manner as to allow for a determina10 tion that funds from a specific program are spent on

11 allowable activities authorized under such program,

12 except that the eligible entity shall determine the pro13 portion of the funds that shall be allocated to such

14 program.

15 ‘‘(2) SEPARATE RECORDS NOT REQUIRED.—

16 Nothing in this section shall be construed as requiring

17 the eligible entity to maintain separate records trac18 ing any services or activities conducted under the ap19 proved plan to the individual programs under which

20 funds were authorized for the services or activities,

21 nor shall the eligible entity be required to allocate ex22 penditures among such individual programs.

23 ‘‘(m) OVERAGE.—The eligible entity may commingle

24 all administrative funds from the consolidated programs

25 and shall be entitled to the full amount of such funds (under
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1 each program’s or agency’s regulations). The overage (de2 fined as the difference between the amount of the commin3 gled funds and the actual administrative cost of the pro4 grams) shall be considered to be properly spent for Federal

5 audit purposes, if the overage is used for the purposes pro6 vided for under this section.

7 ‘‘(n) FISCAL ACCOUNTABILITY.—Nothing in this part

8 shall be construed so as to interfere with the ability of the

9 Secretary or the lead agency to fulfill responsibilities for

10 safeguarding Federal funds pursuant to chapter 75 of title

11 31, United States Code.

12 ‘‘(o) REPORT ON STATUTORY OBSTACLES TO PROGRAM

13 INTEGRATION.—

14 ‘‘(1) PRELIMINARY REPORT.—Not later than 2

15 years after the date of enactment of the Educational

16 Opportunities Act, the Secretary of Education shall

17 submit a preliminary report to the Committee on

18 Education and the Workforce and the Committee on

19 Resources of the House of Representatives and the

20 Committee on Health, Education, Labor, and Pen21 sions and the Committee on Indian Affairs of the

22 Senate on the status of the implementation of the

23 demonstration projects authorized under this section.

24 ‘‘(2) FINAL REPORT.—Not later than 5 years

25 after the date of enactment of the Educational Oppor-
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1 tunities Act, the Secretary of Education shall submit

2 a report to the Committee on Education and the

3 Workforce and the Committee on Resources of the

4 House of Representatives and the Committee on

5 Health, Education, Labor, and Pensions and the

6 Committee on Indian Affairs of the Senate on the re7 sults of the implementation of the demonstration

8 projects authorized under this section. Such report

9 shall identify statutory barriers to the ability of par10 ticipants to integrate more effectively their education

11 and related services to Indian students in a manner

12 consistent with the objectives of this section.

13 ‘‘(p) DEFINITION.—In this section, the term ‘Sec14 retary’ means—

15 ‘‘(1) the Secretary of the Interior, in the case of

16 an applicant that is a contract or grant school, as de17 fined in section 1146 of the Education Amendments

18 of 1978; or

19 ‘‘(2) the Secretary of Education, in the case of

20 any other applicant.

21 ‘‘SEC. 9117. STUDENT ELIGIBILITY FORMS.

22 ‘‘(a) IN GENERAL.—The Secretary shall require that,

23 as part of an application for a grant under this subpart,

24 each applicant shall maintain a file, with respect to each

25 Indian child for whom the local educational agency pro-
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1 vides a free public education, that contains a form that sets

2 forth information establishing the status of the child as an

3 Indian child eligible for assistance under this subpart, and

4 that otherwise meets the requirements of subsection (b).

5 ‘‘(b) FORMS.—

6 ‘‘(1) IN GENERAL.—The form described in sub7 section (a) shall include—

8 ‘‘(A) either—

9 ‘‘(i)(I) the name of the tribe or band of

10 Indians (as defined in section 9161(3)) with

11 respect to which the child claims member12 ship;

13 ‘‘(II) the enrollment number estab14 lishing the membership of the child (if read15 ily available); and

16 ‘‘(III) the name and address of the or17 ganization that maintains updated and ac18 curate membership data for such tribe or

19 band of Indians; or

20 ‘‘(ii) if the child is not a member of

21 tribe or band of Indians (as so defined), the

22 name, the enrollment number (if readily

23 available), and the name and address of the

24 organization responsible for maintaining

25 updated and accurate membership rolls, of
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1 any parent or grandparent of the child from

2 whom the child claims eligibility under this

3 subpart;

4 ‘‘(B) a statement of whether the tribe or

5 band of Indians (as so defined) with respect to

6 which the child, or parent or grandparent of the

7 child, claims membership is federally recognized;

8 ‘‘(C) the name and address of the parent or

9 legal guardian of the child;

10 ‘‘(D) a signature of the parent or legal

11 guardian of the child that verifies the accuracy

12 of the information supplied; and

13 ‘‘(E) any other information that the Sec14 retary considers necessary to provide an accurate

15 program profile.

16 ‘‘(2) MINIMUM INFORMATION.—In order for a

17 child to be eligible to be counted for the purpose of

18 computing the amount of a grant award made under

19 section 9113, an eligibility form prepared pursuant to

20 this section for a child shall include—

21 ‘‘(A) the name of the child;

22 ‘‘(B) the name of the tribe or band of Indi23 ans (as so defined) with respect to which the

24 child claims membership; and
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1 ‘‘(C) the dated signature of the parent or

2 guardian of the child.

3 ‘‘(3) FAILURE.—The failure of an applicant to

4 furnish any information described in this subsection

5 other than the information described in paragraph

6 (2) with respect to any child shall have no bearing on

7 the determination of whether the child is an eligible

8 Indian child for the purposes of computing the

9 amount of a grant award made under section 9113.

10 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this sec11 tion shall be construed to affect a definition contained in

12 section 9161.

13 ‘‘(d) FORMS AND STANDARDS OF PROOF.—The forms

14 and the standards of proof (including the standard of good

15 faith compliance) that were in use during the 1985–86 aca16 demic year to establish the eligibility of a child for entitle17 ment under the Indian Elementary and Secondary School

18 Assistance Act shall be the forms and standards of proof

19 used—

20 ‘‘(1) to establish eligibility under this subpart;

21 and

22 ‘‘(2) to meet the requirements of subsection (a).

23 ‘‘(e) DOCUMENTATION.—For purposes of determining

24 whether a child is eligible to be counted for the purpose of

25 computing the amount of a grant award under section
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1 9113, the membership of the child, or any parent or grand2 parent of the child, in a tribe or band of Indians (as so

3 defined) may be established by proof other than an enroll4 ment number, notwithstanding the availability of an enroll5 ment number for a member of such tribe or band. Nothing

6 in subsection (b) shall be construed to require the furnishing

7 of an enrollment number.

8 ‘‘(f) MONITORING AND EVALUATION REVIEW.—

9 ‘‘(1) IN GENERAL.—

10 ‘‘(A) REVIEW.—For each fiscal year, in

11 order to provide such information as is necessary

12 to carry out the responsibility of the Secretary to

13 provide technical assistance under this subpart,

14 the Secretary shall conduct a monitoring and

15 evaluation review of a sampling of the local edu16 cational agencies that are recipients of grants

17 under this subpart. The sampling conducted

18 under this paragraph shall take into account the

19 size of such a local educational agency and the

20 geographic location of such agency.

21 ‘‘(B) EXCEPTION.—A local educational

22 agency may not be held liable to the United

23 States or be subject to any penalty by reason of

24 the findings of an audit that relates to the date

25 of completion, or the date of submission, of any
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1 forms used to establish, before April 28, 1988, the

2 eligibility of a child for entitlement under the

3 Indian Elementary and Secondary School As4 sistance Act.

5 ‘‘(2) FALSE INFORMATION.—Any local edu6 cational agency that provides false information in an

7 application for a grant under this subpart shall—

8 ‘‘(A) be ineligible to apply for any other

9 grant under this subpart; and

10 ‘‘(B) be liable to the United States for any

11 funds from the grant that have not been ex12 pended.

13 ‘‘(3) EXCLUDED CHILDREN.—A student who pro14 vides false information for the form required under

15 subsection (a) shall not be counted for the purpose of

16 computing the amount of a grant award under sec17 tion 9113.

18 ‘‘(g) TRIBAL GRANT AND CONTRACT SCHOOLS.—Not19 withstanding any other provision of this section, the Sec20 retary, in computing the amount of a grant award under

21 section 9113 to a tribal school that receives a grant or con22 tract from the Bureau of Indian Affairs, shall use only 1

23 of the following, as selected by the school:

24 ‘‘(1) A count, certified by the Bureau, of the

25 number of students in the school.
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1 ‘‘(2) A count of the number of students for whom

2 the school has eligibility forms that comply with this

3 section.

4 ‘‘(h) TIMING OF CHILD COUNTS.—For purposes of de5 termining the number of children to be counted in com6 puting the amount of a local educational agency’s grant

7 award under section 9113 (other than in the case described

8 in subsection (g)(1)), the local educational agency shall—

9 ‘‘(1) establish a date on, or a period not longer

10 than 31 consecutive days during which, the agency

11 counts those children, if that date or period occurs be12 fore the deadline established by the Secretary for sub13 mitting an application under section 9114; and

14 ‘‘(2) determine that each such child was enrolled,

15 and receiving a free public education, in a school of

16 the agency on that date or during that period, as the

17 case may be.

18 ‘‘SEC. 9118. PAYMENTS.

19 ‘‘(a) IN GENERAL.—Subject to subsections (b) and (c),

20 the Secretary shall pay to each local educational agency

21 that submits an application that is approved by the Sec22 retary under this subpart the amount computed under sec23 tion 9113. The Secretary shall notify the local educational

24 agency of the amount of the payment not later than June

25 1 of the year for which the Secretary makes the payment.
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1 ‘‘(b) PAYMENTS TAKEN INTO ACCOUNT BY THE

2 STATE.—The Secretary may not make a grant under this

3 subpart to a local educational agency for a fiscal year if,

4 for such fiscal year, the State in which the local educational

5 agency is located takes into consideration payments made

6 under this subpart in determining the eligibility of the local

7 educational agency for State aid, or the amount of the State

8 aid, with respect to the free public education of children

9 during such fiscal year or the preceding fiscal year.

10 ‘‘(c) REDUCTION OF PAYMENT FOR FAILURE TO MAIN11 TAIN FISCAL EFFORT.—

12 ‘‘(1) IN GENERAL.—The Secretary may not pay

13 a local educational agency in a State the full amount

14 of a grant award computed under section 9113 for

15 any fiscal year unless the State educational agency

16 notifies the Secretary, and the Secretary determines,

17 that with respect to the provision of free public edu18 cation by the local educational agency for the pre19 ceding fiscal year, that the combined fiscal effort of

20 the local educational agency and the State, computed

21 on either a per student or aggregate expenditure basis

22 was not less than 90 percent of the amount of the

23 combined fiscal effort, computed on the same basis, for

24 the second preceding fiscal year.
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1 ‘‘(2) FAILURE.—If, for any fiscal year, the Sec2 retary determines that a local educational agency and

3 State failed to maintain the combined fiscal effort at

4 the level specified in paragraph (1), the Secretary

5 shall—

6 ‘‘(A) reduce the amount of the grant that

7 would otherwise be made to such agency under

8 this subpart in the exact proportion of the fail9 ure to maintain the fiscal effort at such level;

10 and

11 ‘‘(B) not use the reduced amount of the

12 combined fiscal effort for the year to determine

13 compliance with paragraph (1) for any suc14 ceeding fiscal year, but shall use the amount of

15 expenditures that would have been required to

16 comply with paragraph (1) during the fiscal

17 year for which the determination is made.

18 ‘‘(3) WAIVER.—

19 ‘‘(A) IN GENERAL.—The Secretary may

20 waive the requirement of paragraph (1) for a

21 local educational agency, for not more than 1

22 year at a time, if the Secretary determines that

23 the failure to comply with such requirement is

24 due to exceptional or uncontrollable cir25 cumstances, such as a natural disaster or a pre-
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1 cipitous and unforeseen decline in the agency’s

2 financial resources.

3 ‘‘(B) FUTURE DETERMINATIONS.—The Sec4 retary shall not use the reduced amount of the

5 combined fiscal effort for the year for which the

6 waiver is granted to determine compliance with

7 paragraph (1) for any succeeding fiscal year, but

8 shall use the amount of expenditures that would

9 have been required to comply with paragraph (1)

10 in the absence of the waiver during the fiscal

11 year for which the waiver is granted.

12 ‘‘(d) REALLOCATIONS.—The Secretary may reallocate,

13 in a manner that the Secretary determines will best carry

14 out the purpose of this subpart, any amounts that—

15 ‘‘(1) based on estimates made by local edu16 cational agencies or other information, the Secretary

17 determines will not be needed by such agencies to

18 carry out approved programs under this subpart; or

19 ‘‘(2) otherwise become available for reallocation

20 under this subpart.

21 ‘‘SEC. 9119. STATE EDUCATIONAL AGENCY REVIEW.

22 ‘‘Before submitting an application to the Secretary

23 under section 9114, a local educational agency shall submit

24 the application to the State educational agency, which may

25 comment on the application. If the State educational agen-
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1 cy comments on the application, the agency shall comment

2 on each such application submitted by a local educational

3 agency in the State and shall provide the comment to the

4 appropriate local educational agency, with an opportunity

5 to respond.

6 ‘‘Subpart 2—Special Programs and Projects To Im7 prove Educational Opportunities for Indian Chil8 dren

9 ‘‘SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNI10 TIES FOR INDIAN CHILDREN.

11 ‘‘(a) PURPOSE.—

12 ‘‘(1) IN GENERAL.—The purpose of this section is

13 to support projects to develop, test, and demonstrate

14 the effectiveness of services and programs to improve

15 educational opportunities and achievement of Indian

16 children.

17 ‘‘(2) COORDINATION.—The Secretary shall take

18 such actions as are necessary to achieve the coordina19 tion of activities assisted under this subpart with—

20 ‘‘(A) other programs funded under this Act;

21 and

22 ‘‘(B) other Federal programs operated for

23 the benefit of American Indian and Alaska Na24 tive children.
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1 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term

2 ‘eligible entity’ means a State educational agency, local

3 educational agency, Indian tribe, Indian organization, fed4 erally supported elementary school or secondary school for

5 Indian students, Indian institution (including an Indian

6 institution of higher education) or a consortium of such en7 tities.

8 ‘‘(c) GRANTS AUTHORIZED.—

9 ‘‘(1) IN GENERAL.—The Secretary shall award

10 grants to eligible entities to enable such entities to

11 carry out activities that meet the purpose specified in

12 subsection (a)(1), including—

13 ‘‘(A) innovative programs related to the

14 educational needs of educationally disadvantaged

15 children;

16 ‘‘(B) educational services that are not avail17 able to such children in sufficient quantity or

18 quality, including remedial instruction, to raise

19 the achievement of Indian children in 1 or more

20 of the core academic subjects of English, mathe21 matics, science, foreign languages, art, history,

22 and geography;

23 ‘‘(C) bilingual and bicultural programs and

24 projects;
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1 ‘‘(D) special health and nutrition services,

2 and other related activities, that address the spe3 cial health, social, and psychological problems of

4 Indian children;

5 ‘‘(E) special compensatory and other pro6 grams and projects designed to assist and en7 courage Indian children to enter, remain in, or

8 reenter school, and to increase the rate of sec9 ondary school graduation for Indian children;

10 ‘‘(F) comprehensive guidance, counseling,

11 and testing services;

12 ‘‘(G) early childhood and kindergarten pro13 grams, including family-based preschool pro14 grams that emphasize school readiness and pa15 rental skills, and the provision of services to In16 dian children with disabilities;

17 ‘‘(H) partnership projects between local edu18 cational agencies and institutions of higher edu19 cation that allow secondary school students to

20 enroll in courses at the postsecondary level to aid

21 such students in the transition from secondary

22 school to postsecondary education;

23 ‘‘(I) partnership projects between schools

24 and local businesses for school-to-work transition

25 programs designed to provide Indian youth with
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1 the knowledge and skills the youth need to make

2 an effective transition from school to a first job

3 in a high-skill, high-wage career;

4 ‘‘(J) programs designed to encourage and

5 assist Indian students to work toward, and gain

6 entrance into, an institution of higher education;

7 ‘‘(K) family literacy services; or

8 ‘‘(L) other services that meet the purpose de9 scribed in subsection (a)(1).

10 ‘‘(2) PRE-SERVICE OR IN-SERVICE TRAINING.—

11 Pre-service or in-service training of professional and

12 paraprofessional personnel may be a part of any pro13 gram assisted under this section.

14 ‘‘(d) GRANT REQUIREMENTS AND APPLICATIONS.—

15 ‘‘(1) GRANT REQUIREMENTS.—

16 ‘‘(A) IN GENERAL.—The Secretary may

17 make multiyear grants under subsection (c) for

18 the planning, development, pilot operation, or

19 demonstration of any activity described in sub20 section (c). The Secretary shall make the grants

21 for periods of not more than 5 years.

22 ‘‘(B) PRIORITY.—In making multiyear

23 grants described in this paragraph, the Secretary

24 shall give priority to entities submitting applica25 tions that present a plan for combining 2 or
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1 more of the activities described in subsection (c)

2 over a period of more than 1 year.

3 ‘‘(C) PROGRESS.—The Secretary shall make

4 a payment for a grant described in this para5 graph to an eligible entity after the initial year

6 of the multiyear grant period only if the Sec7 retary determines that the eligible entity has

8 made substantial progress in carrying out the

9 activities assisted under the grant in accordance

10 with the application submitted under paragraph

11 (3) and any subsequent modifications to such

12 application.

13 ‘‘(2) DISSEMINATION GRANTS.—

14 ‘‘(A) IN GENERAL.—In addition to award15 ing the multiyear grants described in paragraph

16 (1), the Secretary may award grants under sub17 section (c) to eligible entities for the dissemina18 tion of exemplary materials or programs assisted

19 under this section.

20 ‘‘(B) DETERMINATION.—The Secretary may

21 award a dissemination grant described in this

22 paragraph if, prior to awarding the grant, the

23 Secretary determines that the material or pro24 gram to be disseminated—

25 ‘‘(i) has been adequately reviewed;
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1 ‘‘(ii) has demonstrated educational

2 merit; and

3 ‘‘(iii) can be replicated.

4 ‘‘(3) APPLICATION.—

5 ‘‘(A) IN GENERAL.—Any eligible entity that

6 desires to receive a grant under this section shall

7 submit an application to the Secretary at such

8 time and in such manner as the Secretary may

9 require.

10 ‘‘(B) CONTENTS.—Each application sub11 mitted to the Secretary under subparagraph (A),

12 other than an application for a dissemination

13 grant under paragraph (2), shall contain—

14 ‘‘(i) a description of how parents of In15 dian children and representatives of Indian

16 tribes have been, and will be, involved in

17 developing and implementing the activities

18 for which assistance is sought;

19 ‘‘(ii) assurances that the applicant will

20 participate, at the request of the Secretary,

21 in any national evaluation of activities as22 sisted under this section;

23 ‘‘(iii) information demonstrating that

24 the proposed program for the activities is a

25 research-based program, which may include
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1 a program that has been modified to be cul2 turally appropriate for students who will be

3 served;

4 ‘‘(iv) a description of how the appli5 cant will incorporate the proposed activities

6 into the ongoing school program involved

7 once the grant period is over; and

8 ‘‘(v) such other assurances and infor9 mation as the Secretary may reasonably re10 quire.

11 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per12 cent of the funds provided to a grant recipient under this

13 subpart for any fiscal year may be used to pay for adminis14 trative costs.

15 ‘‘SEC. 9122. PROFESSIONAL DEVELOPMENT.

16 ‘‘(a) PURPOSES.—The purposes of this section are—

17 ‘‘(1) to increase the number of qualified Indian

18 individuals in teaching or other education professions

19 that serve Indian people;

20 ‘‘(2) to provide training to qualified Indian in21 dividuals to enable such individuals to become teach22 ers, administrators, teacher aides, social workers, and

23 ancillary educational personnel; and
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1 ‘‘(3) to improve the skills of qualified Indian in2 dividuals who serve in the capacities described in

3 paragraph (2).

4 ‘‘(b) ELIGIBLE ENTITIES.—In this section, the term

5 ‘eligible entity’ means a consortium of—

6 ‘‘(1) a State or local educational agency; and

7 ‘‘(2) an institution of higher education (includ8 ing an Indian institution of higher education) or an

9 Indian tribe or organization.

10 ‘‘(c) PROGRAM AUTHORIZED.—The Secretary is au11 thorized to award grants to eligible entities with applica12 tions approved under subsection (e) to enable such entities

13 to carry out the activities described in subsection (d).

14 ‘‘(d) AUTHORIZED ACTIVITIES.—

15 ‘‘(1) IN GENERAL.—Grant funds made available

16 under subsection (c) shall be used for activities to pro17 vide support and training for Indian individuals in

18 a manner consistent with the purposes of this section.

19 Such activities may include continuing programs,

20 symposia, workshops, conferences, and direct finan21 cial support.

22 ‘‘(2) SPECIAL RULES.—

23 ‘‘(A) TYPE OF TRAINING.—For education

24 personnel, the training received pursuant to a
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1 grant awarded under subsection (c) may be in2 service or pre-service training.

3 ‘‘(B) PROGRAM.—For individuals who are

4 being trained to enter any field other than edu5 cation, the training received pursuant to a grant

6 awarded under subsection (c) shall be in a pro7 gram that results in a graduate degree.

8 ‘‘(e) APPLICATION.—Each eligible entity desiring a

9 grant under subsection (c) shall submit an application to

10 the Secretary at such time, in such manner, and accom11 panied by such information, as the Secretary may reason12 ably require.

13 ‘‘(f) SPECIAL RULE.—In awarding grants under sub14 section (c), the Secretary—

15 ‘‘(1) shall consider the prior performance of an

16 eligible entity; and

17 ‘‘(2) may not limit eligibility to receive a grant

18 under subsection (c) on the basis of—

19 ‘‘(A) the number of previous grants the Sec20 retary has awarded such entity; or

21 ‘‘(B) the length of any period during which

22 such entity received such grants.

23 ‘‘(g) GRANT PERIOD.—Each grant awarded under sub24 section (c) shall be awarded for a program of activities of

25 not more than 5 years.
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1 ‘‘(h) SERVICE OBLIGATION.—

2 ‘‘(1) IN GENERAL.—The Secretary shall require,

3 by regulation, that an individual who receives pre4 service training pursuant to a grant awarded under

5 subsection (c)—

6 ‘‘(A) perform work—

7 ‘‘(i) related to the training received

8 under this section; and

9 ‘‘(ii) that benefits Indian people; or

10 ‘‘(B) repay all or a prorated part of the as11 sistance received for the training.

12 ‘‘(2) REPORTING.—The Secretary shall establish,

13 by regulation, a reporting procedure under which a

14 recipient of the pre-service training shall, not later

15 than 12 months after the date of completion of the

16 training, and periodically thereafter, provide infor17 mation concerning the compliance of such recipient

18 with the work requirement described in paragraph

19 (1).

20 ‘‘(i) INSERVICE TRAINING FOR TEACHERS OF INDIAN

21 CHILDREN.—

22 ‘‘(1) GRANTS AUTHORIZED.—In addition to the

23 grants authorized by subsection (c), the Secretary

24 may make grants to eligible consortia for the provi-
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1 sion of high quality in-service training. The Secretary

2 may make such a grant to—

3 ‘‘(A) a consortium of a tribal college and an

4 institution of higher education that awards a de5 gree in education; or

6 ‘‘(B) a consortium of—

7 ‘‘(i) a tribal college;

8 ‘‘(ii) an institution of higher education

9 that awards a degree in education; and

10 ‘‘(iii) 1 or more elementary schools or

11 secondary schools operated by the Bureau of

12 Indian Affairs, local educational agencies

13 serving Indian children, or tribal edu14 cational agencies.

15 ‘‘(2) USE OF FUNDS.—

16 ‘‘(A) IN-SERVICE TRAINING.—A consortium

17 that receives a grant under paragraph (1) shall

18 use the grant funds only to provide high quality

19 in-service training to teachers, including teachers

20 who are not Indians, in schools of local edu21 cational agencies with substantial numbers of

22 Indian children enrolled in their schools, in

23 order to better meet the needs of those children.

24 ‘‘(B) COMPONENTS.—The training described

25 in subparagraph (A) shall include such activities
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1 as preparing teachers to use the best available re2 search-based practices and learning strategies,

3 and to make the most effective use of curricula

4 and materials, to respond to the unique needs of

5 Indian children in their classrooms.

6 ‘‘(3) PREFERENCE FOR INDIAN APPLICANTS.—In

7 applying section 9153 to this subsection, the Sec8 retary shall give a preference to any consortium that

9 includes 1 or more of the entities described in that

10 section.

11 ‘‘SEC. 9123. FELLOWSHIPS FOR INDIAN STUDENTS.

12 ‘‘(a) FELLOWSHIPS.—

13 ‘‘(1) AUTHORITY.—The Secretary is authorized

14 to award fellowships to Indian students to enable such

15 students to study in graduate and professional pro16 grams at institutions of higher education.

17 ‘‘(2) REQUIREMENTS.—The fellowships described

18 in paragraph (1) shall be awarded to Indian students

19 to enable such students to pursue a course of study—

20 ‘‘(A) of not more than 4 academic years;

21 and

22 ‘‘(B) that leads—

23 ‘‘(i) toward a postbaccalaureate degree

24 in medicine, clinical psychology, psy-
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1 chology, law, education, or a related field;

2 or

3 ‘‘(ii) to an undergraduate or graduate

4 degree in engineering, business administra5 tion, natural resources, or a related field.

6 ‘‘(b) STIPENDS.—The Secretary shall pay to Indian

7 students awarded fellowships under subsection (a) such sti8 pends (including allowances for subsistence of such students

9 and dependents of such students) as the Secretary deter10 mines to be consistent with prevailing practices under com11 parable federally supported programs.

12 ‘‘(c) PAYMENTS TO INSTITUTIONS IN LIEU OF TUI13 TION.—The Secretary shall pay to the institution of higher

14 education at which such a fellowship recipient is pursuing

15 a course of study, in lieu of tuition charged to such recipi16 ent, such amounts as the Secretary may determine to be

17 necessary to cover the cost of education provided to such

18 recipient.

19 ‘‘(d) SPECIAL RULES.—

20 ‘‘(1) IN GENERAL.—If a fellowship awarded

21 under subsection (a) is vacated prior to the end of the

22 period for which the fellowship is awarded, the Sec23 retary may award an additional fellowship for the

24 unexpired portion of the period of the first fellowship.
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1 ‘‘(2) WRITTEN NOTICE.—Not later than 45 days

2 before the commencement of an academic term, the

3 Secretary shall provide to each individual who is

4 awarded a fellowship under subsection (a) for such

5 academic term written notice of—

6 ‘‘(A) the amount of the funding for the fel7 lowship; and

8 ‘‘(B) any stipends or other payments that

9 will be made under this section to, or for the ben10 efit of, the individual for the academic term.

11 ‘‘(3) PRIORITY.—Not more than 10 percent of the

12 fellowships awarded under subsection (a) shall be

13 awarded, on a priority basis, to persons receiving

14 training in guidance counseling with a specialty in

15 the area of alcohol and substance abuse counseling

16 and education.

17 ‘‘(e) SERVICE OBLIGATION.—

18 ‘‘(1) IN GENERAL.—The Secretary shall require,

19 by regulation, that an individual who receives finan20 cial assistance under this section—

21 ‘‘(A) perform work—

22 ‘‘(i) related to the training for which

23 the individual receives the assistance under

24 this section; and

25 ‘‘(ii) that benefits Indian people; or
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1 ‘‘(B) repay all or a prorated portion of such

2 assistance.

3 ‘‘(2) REPORTING.—The Secretary shall establish,

4 by regulation, a reporting procedure under which a

5 recipient of assistance under this section shall, not

6 later than 12 months after the date of completion of

7 the training, and periodically thereafter, provide in8 formation concerning the compliance of such recipient

9 with the work requirement described in paragraph

10 (1).

11 ‘‘(f) ADMINISTRATION OF FELLOWSHIPS.—The Sec12 retary may administer the fellowships authorized under

13 this section through a grant to, or contract or cooperative

14 agreement with, an Indian organization with demonstrated

15 qualifications to administer all facets of the program as16 sisted under this section.

17 ‘‘SEC. 9124. GIFTED AND TALENTED INDIAN STUDENTS.

18 ‘‘(a) PROGRAM AUTHORIZED.—The Secretary is au19 thorized to—

20 ‘‘(1) establish 2 centers for gifted and talented

21 Indian students at tribally controlled community col22 leges in accordance with this section; and

23 ‘‘(2) support demonstration projects described in

24 subsection (c).
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1 ‘‘(b) ELIGIBLE ENTITIES.—The Secretary shall make

2 grants, or enter into contracts, for the activities described

3 in subsection (a), to or with—

4 ‘‘(1) 2 tribally controlled community colleges

5 that—

6 ‘‘(A) are eligible for funding under the Trib7 ally Controlled College or University Assistance

8 Act of 1978; and

9 ‘‘(B) are fully accredited; or

10 ‘‘(2) if the Secretary does not receive applica11 tions that the Secretary determines to be approvable

12 from 2 colleges that meet the requirements of para13 graph (1), the American Indian Higher Education

14 Consortium.

15 ‘‘(c) USE OF FUNDS.—

16 ‘‘(1) IN GENERAL.—Funds made available

17 through the grants made, or contracts entered into, by

18 the Secretary under subsection (b) shall be used for—

19 ‘‘(A) the establishment of centers described

20 in subsection (a); and

21 ‘‘(B) carrying out demonstration projects

22 designed to—

23 ‘‘(i) address the special needs of Indian

24 students in elementary schools and sec-
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1 ondary schools who are gifted and talented;

2 and

3 ‘‘(ii) provide such support services to

4 the families of the students described in

5 clause (i) as are needed to enable such stu6 dents to benefit from the projects.

7 ‘‘(2) SUBCONTRACTS.—Each recipient of a grant

8 or contract under subsection (b) to carry out a dem9 onstration project under subsection (a) may enter into

10 a contract with any other entity, including the Chil11 dren’s Television Workshop, to carry out the dem12 onstration project.

13 ‘‘(3) DEMONSTRATION PROJECTS.—Demonstra14 tion projects assisted under subsection (b) may

15 include—

16 ‘‘(A) the identification of the special needs

17 of gifted and talented Indian students, particu18 larly at the elementary school level, giving atten19 tion to—

20 ‘‘(i) identifying the emotional and psy21 chosocial needs of such students; and

22 ‘‘(ii) providing such support services to

23 the families of such students as are needed

24 to enable such students to benefit from the

25 project;
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1 ‘‘(B) the conduct of educational, psycho2 social, and developmental activities that the Sec3 retary determines hold a reasonable promise of

4 resulting in substantial progress toward meeting

5 the educational needs of such gifted and talented

6 children, including—

7 ‘‘(i) demonstrating and exploring the

8 use of Indian languages and exposure to In9 dian cultural traditions; and

10 ‘‘(ii) carrying out mentoring and ap11 prenticeship programs;

12 ‘‘(C) the provision of technical assistance

13 and the coordination of activities at schools that

14 receive grants under subsection (d) with respect

15 to the activities assisted under such grants, the

16 evaluation of programs assisted under such

17 grants, or the dissemination of such evaluations;

18 ‘‘(D) the use of public television in meeting

19 the special educational needs of such gifted and

20 talented children;

21 ‘‘(E) leadership programs designed to rep22 licate programs for such children throughout the

23 United States, including disseminating informa24 tion derived from the demonstration projects con25 ducted under subsection (a); and
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1 ‘‘(F) appropriate research, evaluation, and

2 related activities pertaining to the needs of such

3 children and to the provision of such support

4 services to the families of such children as are

5 needed to enable such children to benefit from the

6 project.

7 ‘‘(4) APPLICATION.—Each entity desiring a

8 grant or contract under subsection (b) shall submit an

9 application to the Secretary at such time and in such

10 manner as the Secretary may prescribe.

11 ‘‘(d) ADDITIONAL GRANTS.—

12 ‘‘(1) IN GENERAL.—The Secretary, in consulta13 tion with the Secretary of the Interior, shall award

14 5 grants to schools funded by the Bureau of Indian

15 Affairs (referred to individually in this section as a

16 ‘Bureau school’) for program research and develop17 ment and the development and dissemination of cur18 riculum and teacher training material, regarding—

19 ‘‘(A) gifted and talented students;

20 ‘‘(B) college preparatory studies (including

21 programs for Indian students with an interest in

22 pursuing teaching careers);

23 ‘‘(C) students with special culturally related

24 academic needs, including students with social,

25 lingual, and cultural needs; or
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1 ‘‘(D) mathematics and science education.

2 ‘‘(2) APPLICATIONS.—Each Bureau school desir3 ing a grant to conduct 1 or more of the activities de4 scribed in paragraph (1) shall submit an application

5 to the Secretary at such time and in such manner as

6 the Secretary may prescribe.

7 ‘‘(3) SPECIAL RULE.—Each application de8 scribed in paragraph (2) shall be developed, and each

9 grant under this subsection shall be administered,

10 jointly by the supervisor of the Bureau school and the

11 local educational agency serving such school.

12 ‘‘(4) REQUIREMENTS.—In awarding grants

13 under paragraph (1), the Secretary shall achieve a

14 mixture of the programs described in paragraph (1)

15 that ensures that Indian students at all grade levels

16 and in all geographic areas of the United States are

17 able to participate in a program assisted under this

18 subsection.

19 ‘‘(5) GRANT PERIOD.—Subject to the availability

20 of appropriations, a grant awarded under paragraph

21 (1) shall be awarded for a 3-year period and may be

22 renewed by the Secretary for additional 3-year peri23 ods if the Secretary determines that the performance

24 of the grant recipient has been satisfactory.

25 ‘‘(6) DISSEMINATION.—
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1 ‘‘(A) COOPERATIVE EFFORTS.—The dissemi2 nation of any materials developed from activities

3 assisted under paragraph (1) shall be carried out

4 in cooperation with entities that receive funds

5 pursuant to subsection (b).

6 ‘‘(B) REPORT.—The Secretary shall prepare

7 and submit to the Secretary of the Interior and

8 to Congress a report concerning any results from

9 activities described in this subsection.

10 ‘‘(7) EVALUATION COSTS.—

11 ‘‘(A) DIVISION.—The costs of evaluating

12 any activities assisted under paragraph (1) shall

13 be divided between the Bureau schools conducting

14 such activities and the recipients of grants or

15 contracts under subsection (b) who conduct dem16 onstration projects under subsection (a).

17 ‘‘(B) GRANTS AND CONTRACTS.—If no funds

18 are provided under subsection (b) for—

19 ‘‘(i) the evaluation of activities assisted

20 under paragraph (1);

21 ‘‘(ii) technical assistance and coordina22 tion with respect to such activities; or

23 ‘‘(iii) the dissemination of the evalua24 tions referred to in clause (i),
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1 the Secretary shall make such grants, or enter

2 into such contracts, as are necessary to provide

3 for the evaluations, technical assistance, and co4 ordination of such activities, and the dissemina5 tion of the evaluations.

6 ‘‘(e) INFORMATION NETWORK.—The Secretary shall

7 encourage each recipient of a grant or contract under this

8 section to work cooperatively as part of a national network

9 to ensure that the information developed by the grant or

10 contract recipient is readily available to the entire edu11 cational community.

12 ‘‘SEC. 9125. GRANTS TO TRIBES FOR EDUCATION ADMINIS13 TRATIVE PLANNING AND DEVELOPMENT.

14 ‘‘(a) IN GENERAL.—The Secretary may make grants

15 to Indian tribes, and tribal organizations approved by In16 dian tribes, to plan and develop a centralized tribal admin17 istrative entity to—

18 ‘‘(1) coordinate all education programs operated

19 by the tribe or within the territorial jurisdiction of

20 the tribe;

21 ‘‘(2) develop education codes for schools within

22 the territorial jurisdiction of the tribe;

23 ‘‘(3) provide support services and technical as24 sistance to schools serving children of the tribe; and
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1 ‘‘(4) perform child-find screening services for the

2 preschool-aged children of the tribe to—

3 ‘‘(A) ensure placement in appropriate edu4 cational facilities; and

5 ‘‘(B) coordinate the provision of any needed

6 special services for conditions such as disabilities

7 and English language skill deficiencies.

8 ‘‘(b) PERIOD OF GRANT.—Each grant awarded under

9 this section may be awarded for a period of not more than

10 3 years. Such grant may be renewed upon the termination

11 of the initial period of the grant if the grant recipient dem12 onstrates to the satisfaction of the Secretary that renewing

13 the grant for an additional 3-year period is necessary to

14 carry out the objectives of the grant described in subsection

15 (c)(2)(A).

16 ‘‘(c) APPLICATION FOR GRANT.—

17 ‘‘(1) IN GENERAL.—Each Indian tribe and tribal

18 organization desiring a grant under this section shall

19 submit an application to the Secretary at such time,

20 in such manner, containing such information, and

21 consistent with such criteria, as the Secretary may

22 prescribe in regulations.

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

24 paragraph (1) shall contain—
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1 ‘‘(A) a statement describing the activities to

2 be conducted, and the objectives to be achieved,

3 under the grant; and

4 ‘‘(B) a description of the method to be used

5 for evaluating the effectiveness of the activities

6 for which assistance is sought and for deter7 mining whether such objectives are achieved.

8 ‘‘(3) APPROVAL.—The Secretary may approve an

9 application submitted by a tribe or tribal organiza10 tion pursuant to this section only if the Secretary is

11 satisfied that such application, including any docu12 mentation submitted with the application—

13 ‘‘(A) demonstrates that the applicant has

14 consulted with other education entities, if any,

15 within the territorial jurisdiction of the appli16 cant who will be affected by the activities to be

17 conducted under the grant;

18 ‘‘(B) provides for consultation with such

19 other education entities in the operation and

20 evaluation of the activities conducted under the

21 grant; and

22 ‘‘(C) demonstrates that there will be ade23 quate resources provided under this section or

24 from other sources to complete the activities for

25 which assistance is sought, except that the avail-
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1 ability of such other resources shall not be a

2 basis for disapproval of such application.

3 ‘‘(d) RESTRICTION.—A tribe may not receive funds

4 under this section if such tribe receives funds under section

5 1144 of the Education Amendments of 1978.

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are

7 authorized to be appropriated to the Secretary of Education

8 to carry out this section $3,000,000 for each of fiscal years

9 2001 through 2005.

10 ‘‘Subpart 3—Special Programs Relating to Adult

11 Education for Indians

12 ‘‘SEC. 9131. IMPROVEMENT OF EDUCATIONAL OPPORTUNI13 TIES FOR ADULT INDIANS.

14 ‘‘(a) IN GENERAL.—The Secretary shall make grants

15 to State and local educational agencies and to Indian

16 tribes, institutions, and organizations—

17 ‘‘(1) to support planning, pilot, and demonstra18 tion projects that are designed to test and demonstrate

19 the effectiveness of programs for improving employ20 ment and educational opportunities for adult Indi21 ans;

22 ‘‘(2) to assist in the establishment and operation

23 of programs that are designed to stimulate—

24 ‘‘(A) the provision of basic literacy opportu25 nities for all nonliterate Indian adults; and
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1 ‘‘(B) the provision of opportunities to all

2 Indian adults to qualify for a secondary school

3 diploma, or its recognized equivalent, in the

4 shortest period of time feasible;

5 ‘‘(3) to support a major research and develop6 ment program to develop more innovative and effec7 tive techniques for achieving literacy and secondary

8 school equivalency for Indians;

9 ‘‘(4) to provide for basic surveys and evaluations

10 to define accurately the extent of the problems of illit11 eracy and lack of secondary school completion among

12 Indians; and

13 ‘‘(5) to encourage the dissemination of informa14 tion and materials relating to, and the evaluation of,

15 the effectiveness of education programs that may offer

16 educational opportunities to Indian adults.

17 ‘‘(b) EDUCATIONAL SERVICES.—The Secretary may

18 make grants to Indian tribes, institutions, and organiza19 tions to develop and establish educational services and pro20 grams specifically designed to improve educational oppor21 tunities for Indian adults.

22 ‘‘(c) INFORMATION AND EVALUATION.—The Secretary

23 may make grants to, and enter into contracts with, public

24 agencies and institutions and Indian tribes, institutions,

25 and organizations, for—
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1 ‘‘(1) the dissemination of information concerning

2 educational programs, services, and resources avail3 able to Indian adults, including evaluations of the

4 programs, services, and resources; and

5 ‘‘(2) the evaluation of federally assisted programs

6 in which Indian adults may participate to determine

7 the effectiveness of the programs in achieving the pur8 poses of the programs with respect to Indian adults.

9 ‘‘(d) APPLICATIONS.—

10 ‘‘(1) IN GENERAL.—Each entity desiring a grant

11 or contract under this section shall submit to the Sec12 retary an application at such time, in such manner,

13 containing such information, and consistent with

14 such criteria, as the Secretary may prescribe in regu15 lations.

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

17 paragraph (1) shall contain—

18 ‘‘(A) a statement describing the activities to

19 be conducted and the objectives to be achieved

20 under the grant or contract; and

21 ‘‘(B) a description of the method to be used

22 for evaluating the effectiveness of the activities

23 for which assistance is sought and determining

24 whether the objectives of the grant or contract are

25 achieved.
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1 ‘‘(3) APPROVAL.—The Secretary shall not ap2 prove an application described in paragraph (1) un3 less the Secretary determines that such application,

4 including any documentation submitted with the ap5 plication, indicates that—

6 ‘‘(A) there has been adequate participation,

7 by the individuals to be served and the appro8 priate tribal communities, in the planning and

9 development of the activities to be assisted; and

10 ‘‘(B) the individuals and tribal commu11 nities referred to in subparagraph (A) will par12 ticipate in the operation and evaluation of the

13 activities to be assisted.

14 ‘‘(4) PRIORITY.—In approving applications

15 under paragraph (1), the Secretary shall give priority

16 to applications from Indian educational agencies, or17 ganizations, and institutions.

18 ‘‘(e) ADMINISTRATIVE COSTS.—Not more than 5 per19 cent of the funds made available to an entity through a

20 grant or contract made or entered into under this subpart

21 for a fiscal year may be used to pay for administrative

22 costs.
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1 ‘‘Subpart 4—National Research Activities

2 ‘‘SEC. 9141. NATIONAL ACTIVITIES.

3 ‘‘(a) AUTHORIZED ACTIVITIES.—The Secretary may

4 use funds made available under section 9162(b) for each

5 fiscal year to—

6 ‘‘(1) conduct research related to effective ap7 proaches for the education of Indian children and

8 adults;

9 ‘‘(2) evaluate federally assisted education pro10 grams from which Indian children and adults may

11 benefit;

12 ‘‘(3) collect and analyze data on the educational

13 status and needs of Indians; and

14 ‘‘(4) carry out other activities that are consistent

15 with the purpose of this part.

16 ‘‘(b) ELIGIBILITY.—The Secretary may carry out any

17 of the activities described in subsection (a) directly or

18 through grants to, or contracts or cooperative agreements

19 with, Indian tribes, Indian organizations, State edu20 cational agencies, local educational agencies, institutions of

21 higher education, including Indian institutions of higher

22 education, and other public and private agencies and insti23 tutions.

24 ‘‘(c) COORDINATION.—Research activities supported

25 under this section—
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1 ‘‘(1) shall be carried out in consultation with the

2 Office of Educational Research and Improvement to

3 assure that such activities are coordinated with and

4 enhance the research and development activities sup5 ported by the Office; and

6 ‘‘(2) may include collaborative research activities

7 that are jointly funded and carried out by the Office

8 of Indian Education and the Office of Educational

9 Research and Improvement.

10 ‘‘(d) ADMINISTRATIVE COSTS.—Not more than 5 per11 cent of the funds made available to an entity through a

12 grant, contract, or agreement made or entered into under

13 this subpart for a fiscal year may be used to pay for admin14 istrative costs.

15 ‘‘Subpart 5—Federal Administration

16 ‘‘SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDU17 CATION.

18 ‘‘(a) MEMBERSHIP.—There is established a National

19 Advisory Council on Indian Education (referred to in this

20 section as the ‘Council’), which shall—

21 ‘‘(1) consist of 15 Indian members, who shall be

22 appointed by the President from lists of nominees fur23 nished, from time to time, by Indian tribes and In24 dian organizations; and
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1 ‘‘(2) represent different geographic areas of the

2 United States.

3 ‘‘(b) DUTIES.—The Council shall—

4 ‘‘(1) advise the Secretary concerning the funding

5 and administration (including the development of

6 regulations and administrative policies and practices)

7 of any program, including any program established

8 under this part—

9 ‘‘(A) with respect to which the Secretary has

10 jurisdiction; and

11 ‘‘(B)(i) that includes Indian children or

12 adults as participants; or

13 ‘‘(ii) that may benefit Indian children or

14 adults;

15 ‘‘(2) make recommendations to the Secretary for

16 filling the position of Director of Indian Education

17 whenever a vacancy occurs; and

18 ‘‘(3) prepare and submit to Congress, not later

19 than June 30 of each year, a report on the activities

20 of the Council, including—

21 ‘‘(A) any recommendations that the Council

22 considers to be appropriate for the improvement

23 of Federal education programs that include In24 dian children or adults as participants, or that

25 may benefit Indian children or adults; and
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1 ‘‘(B) recommendations concerning the fund2 ing of any program described in subparagraph

3 (A).

4 ‘‘SEC. 9152. PEER REVIEW.

5 ‘‘The Secretary may use a peer review process to re6 view applications submitted to the Secretary under subpart

7 2, 3, or 4.

8 ‘‘SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.

9 ‘‘In making grants and entering into contracts or co10 operative agreements under subpart 2, 3, or 4, the Secretary

11 shall give a preference to Indian tribes, organizations, and

12 institutions of higher education under any program with

13 respect to which Indian tribes, organizations, and institu14 tions are eligible to apply for grants, contracts, or coopera15 tive agreements.

16 ‘‘SEC. 9154. MINIMUM GRANT CRITERIA.

17 ‘‘The Secretary may not approve an application for

18 a grant, contract, or cooperative agreement under subpart

19 2 or 3 unless the application is for a grant, contract, or

20 cooperative agreement that is—

21 ‘‘(1) of sufficient size, scope, and quality to

22 achieve the purpose or objectives of such grant, con23 tract, or cooperative agreement; and

24 ‘‘(2) based on relevant research findings.
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1 ‘‘Subpart 6—Definitions; Authorizations of

2 Appropriations

3 ‘‘SEC. 9161. DEFINITIONS.

4 ‘‘In this part:

5 ‘‘(1) ADULT.—The term ‘adult’ means an indi6 vidual who—

7 ‘‘(A) has attained age 16; or

8 ‘‘(B) has attained an age that is greater

9 than the age of compulsory school attendance

10 under an applicable State law.

11 ‘‘(2) FREE PUBLIC EDUCATION.—The term ‘free

12 public education’ means education that is—

13 ‘‘(A) provided at public expense, under pub14 lic supervision and direction, and without tui15 tion charge; and

16 ‘‘(B) provided as elementary or secondary

17 education in the applicable State or to preschool

18 children.

19 ‘‘(3) INDIAN.—The term ‘Indian’ means an indi20 vidual who is—

21 ‘‘(A) a member of an Indian tribe or band,

22 as membership is defined by the tribe or band,

23 including—

24 ‘‘(i) any tribe or band terminated since

25 1940; and
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1 ‘‘(ii) any tribe or band recognized by

2 the State in which the tribe or band resides;

3 ‘‘(B) a descendant, in the first or second de4 gree, of an individual described in subparagraph

5 (A);

6 ‘‘(C) an individual who is considered by the

7 Secretary of the Interior to be an Indian for any

8 purpose;

9 ‘‘(D) an Eskimo, Aleut, or other Alaska Na10 tive (as defined in section 9306); or

11 ‘‘(E) a member of an organized Indian

12 group that received a grant under the Indian

13 Education Act of 1988 as in effect the day pre14 ceding the date of enactment of the ‘Improving

15 America’s Schools Act of 1994’ (108 Stat. 3518).

16 ‘‘SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.

17 ‘‘(a) SUBPART 1.—There are authorized to be appro18 priated to the Secretary of Education to carry out subpart

19 1 $62,000,000 for fiscal year 2001 and such sums as may

20 be necessary for each of the 4 succeeding fiscal years.

21 ‘‘(b) SUBPARTS 2 THROUGH 4.—There are authorized

22 to be appropriated to the Secretary of Education to carry

23 out subparts 2, 3, and 4 $4,000,000 for fiscal year 2001

24 and such sums as may be necessary for each of the 4 suc25 ceeding fiscal years.
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1 ‘‘PART B—NATIVE HAWAIIAN EDUCATION

2 ‘‘SEC. 9201. SHORT TITLE.

3 ‘‘This part may be cited as the ‘Native Hawaiian Edu4 cation Act’.

5 ‘‘SEC. 9202. FINDINGS.

6 ‘‘Congress finds the following:

7 ‘‘(1) Native Hawaiians are a distinct and

8 unique indigenous people with a historical continuity

9 to the original inhabitants of the Hawaiian archi10 pelago, whose society was organized as a nation and

11 internationally recognized as a nation by the United

12 States, Britain, France, and Japan, as evidenced by

13 treaties governing friendship, commerce, and naviga14 tion.

15 ‘‘(2) At the time of the arrival of the first non16 indigenous people in Hawai’i in 1778, the Native

17 Hawaiian people lived in a highly organized, self-suf18 ficient subsistence social system based on a communal

19 land tenure system with a sophisticated language,

20 culture, and religion.

21 ‘‘(3) A unified monarchal government of the Ha22 waiian Islands was established in 1810 under Kame23 hameha I, the first King of Hawai‘i.

24 ‘‘(4) From 1826 until 1893, the United States

25 recognized the sovereignty and independence of the

26 Kingdom of Hawai‘i, which was established in 1810
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1 under Kamehameha I, extended full and complete

2 diplomatic recognition to the Kingdom of Hawai‘i,

3 and entered into treaties and conventions with the

4 Kingdom of Hawai‘i to govern friendship, commerce

5 and navigation in 1826, 1842, 1849, 1875, and 1887.

6 ‘‘(5) In 1893, the sovereign, independent, inter7 nationally recognized, and indigenous government of

8 Hawai‘i, the Kingdom of Hawai‘i, was overthrown by

9 a small group of non-Hawaiians, including United

10 States citizens, who were assisted in their efforts by

11 the United States Minister, a United States naval

12 representative, and armed naval forces of the United

13 States. Because of the participation of United States

14 agents and citizens in the overthrow of the Kingdom

15 of Hawai‘i, in 1993 the United States apologized to

16 Native Hawaiians for the overthrow and the depriva17 tion of the rights of Native Hawaiians to self-deter18 mination through Public Law 103–150 (107 Stat.

19 1510).

20 ‘‘(6) In 1898, the joint resolution entitled ‘Joint

21 Resolution to provide for annexing the Hawaiian Is22 lands to the United States’, approved July 7, 1898

23 (30 Stat. 750), ceded absolute title of all lands held

24 by the Republic of Hawai‘i, including the government

25 and crown lands of the former Kingdom of Hawai‘i,
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1 to the United States, but mandated that revenue gen2 erated from the lands be used ‘solely for the benefit of

3 the inhabitants of the Hawaiian Islands for edu4 cational and other public purposes’.

5 ‘‘(7) By 1919, the Native Hawaiian population

6 had declined from an estimated 1,000,000 in 1778 to

7 an alarming 22,600, and in recognition of this severe

8 decline, Congress enacted the Hawaiian Homes Com9 mission Act, 1920 (42 Stat. 108), which designated

10 approximately 200,000 acres of ceded public lands for

11 homesteading by Native Hawaiians.

12 ‘‘(8) Through the enactment of the Hawaiian

13 Homes Commission Act, 1920, Congress affirmed the

14 special relationship between the United States and the

15 Native Hawaiians, which was described by then Sec16 retary of the Interior Franklin K. Lane, who said:

17 ‘One thing that impressed me . . . was the fact that

18 the natives of the island who are our wards, I should

19 say, and for whom in a sense we are trustees, are fall20 ing off rapidly in numbers and many of them are in

21 poverty.’.

22 ‘‘(9) In 1938, Congress again acknowledged the

23 unique status of the Hawaiian people by including in

24 the Act of June 20, 1938 (52 Stat. 781, chapter 530;

25 16 U.S.C. 391b, 391b–1, 392b, 392c, 396, 396a), a
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1 provision to lease lands within the National Parks ex2 tension to Native Hawaiians and to permit fishing in

3 the area ‘only by native Hawaiian residents of said

4 area or of adjacent villages and by visitors under

5 their guidance.’.

6 ‘‘(10) Under the Act entitled ‘An Act to provide

7 for the admission of the State of Hawai‘i into the

8 Union’, approved March 18, 1959 (73 Stat. 4), the

9 United States transferred responsibility for the ad10 ministration of the Hawaiian Home Lands to the

11 State of Hawai‘i but reaffirmed the trust relationship

12 between the United States and the Hawaiian people

13 by retaining the exclusive power to enforce the trust,

14 including the power to approve land exchanges and

15 amendments to such Act affecting the rights of bene16 ficiaries under such Act.

17 ‘‘(11) In 1959, under the Act entitled ‘An Act to

18 provide for the admission of the State of Hawai‘i into

19 the Union’, the United States also ceded to the State

20 of Hawai‘i title to the public lands formerly held by

21 the United States, but mandated that such lands be

22 held by the State ‘in public trust’ and reaffirmed the

23 special relationship that existed between the United

24 States and the Hawaiian people by retaining the

25 legal responsibility to enforce the public trust respon-
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1 sibility of the State of Hawai‘i for the betterment of

2 the conditions of Native Hawaiians, as defined in sec3 tion 201(a) of the Hawaiian Homes Commission Act,

4 1920.

5 ‘‘(12) The United States has recognized and re6 affirmed that—

7 ‘‘(A) Native Hawaiians have a cultural,

8 historic, and land-based link to the indigenous

9 people who exercised sovereignty over the Hawai10 ian Islands, and that group has never relin11 quished its claims to sovereignty or its sovereign

12 lands;

13 ‘‘(B) Congress does not extend services to

14 Native Hawaiians because of their race, but be15 cause of their unique status as the indigenous

16 people of a once sovereign nation as to whom the

17 United States has established a trust relation18 ship;

19 ‘‘(C) Congress has also delegated broad au20 thority to administer a portion of the Federal

21 trust responsibility to the State of Hawai‘i;

22 ‘‘(D) the political status of Native Hawai23 ians is comparable to that of American Indians

24 and Alaska Natives; and
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1 ‘‘(E) the aboriginal, indigenous people of

2 the United States have—

3 ‘‘(i) a continuing right to autonomy in

4 their internal affairs; and

5 ‘‘(ii) an ongoing right of self-deter6 mination and self-governance that has never

7 been extinguished.

8 ‘‘(13) The political relationship between the

9 United States and the Native Hawaiian people has

10 been recognized and reaffirmed by the United States,

11 as evidenced by the inclusion of Native Hawaiians

12 in—

13 ‘‘(A) the Native American Programs Act of

14 1974 (42 U.S.C. 2991 et seq.);

15 ‘‘(B) the American Indian Religious Free16 dom Act (42 U.S.C. 1996);

17 ‘‘(C) the National Museum of the American

18 Indian Act (20 U.S.C. 80q et seq.);

19 ‘‘(D) the Native American Graves Protec20 tion and Repatriation Act (25 U.S.C. 3001 et

21 seq.);

22 ‘‘(E) the National Historic Preservation Act

23 (16 U.S.C. 470 et seq.);

24 ‘‘(F) the Native American Languages Act

25 (25 U.S.C. 2901 et seq.);
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1 ‘‘(G) the American Indian, Alaska Native,

2 and Native Hawaiian Culture and Art Develop3 ment Act (20 U.S.C. 4401 et seq.);

4 ‘‘(H) the Job Training Partnership Act (29

5 U.S.C. 1501 et seq.) and the Workforce Invest6 ment Act of 1998 (29 U.S.C. 2801 et seq.); and

7 ‘‘(I) the Older Americans Act of 1965 (42

8 U.S.C. 3001 et seq.).

9 ‘‘(14) In 1981, Congress instructed the Office of

10 Education to submit to Congress a comprehensive re11 port on Native Hawaiian education. The report, enti12 tled the ‘Native Hawaiian Educational Assessment

13 Project’, was released in 1983 and documented that

14 Native Hawaiians scored below parity with regard to

15 national norms on standardized achievement tests,

16 were disproportionately represented in many negative

17 social and physical statistics indicative of special

18 educational needs, and had educational needs that

19 were related to their unique cultural situation, such

20 as different learning styles and low self-image.

21 ‘‘(15) In recognition of the educational needs of

22 Native Hawaiians, in 1988, Congress enacted title IV

23 of the Augustus F. Hawkins-Robert T. Stafford Ele24 mentary and Secondary School Improvement Amend25 ments of 1988 (102 Stat. 130) to authorize and de-
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1 velop supplemental educational programs to address

2 the unique conditions of Native Hawaiians.

3 ‘‘(16) In 1993, the Kamehameha Schools Bishop

4 Estate released a 10-year update of findings of the

5 Native Hawaiian Educational Assessment Project,

6 which found that despite the successes of the programs

7 established under title IV of the Augustus F. Haw8 kins-Robert T. Stafford Elementary and Secondary

9 School Improvement Amendments of 1988, many of

10 the same educational needs still existed for Native

11 Hawaiians. Subsequent reports by the Kamehameha

12 Schools Bishop Estate and other organizations have

13 generally confirmed those findings. For example—

14 ‘‘(A) educational risk factors continue to

15 start even before birth for many Native Hawai16 ian children, including—

17 ‘‘(i) late or no prenatal care;

18 ‘‘(ii) high rates of births by Native Ha19 waiian women who are unmarried; and

20 ‘‘(iii) high rates of births to teenage

21 parents;

22 ‘‘(B) Native Hawaiian students continue to

23 begin their school experience lagging behind other

24 students in terms of readiness factors such as vo25 cabulary test scores;
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1 ‘‘(C) Native Hawaiian students continue to

2 score below national norms on standardized edu3 cation achievement tests at all grade levels;

4 ‘‘(D) both public and private schools con5 tinue to show a pattern of lower percentages of

6 Native Hawaiian students in the uppermost

7 achievement levels and in gifted and talented

8 programs;

9 ‘‘(E) Native Hawaiian students continue to

10 be overrepresented among students qualifying for

11 special education programs provided to students

12 with learning disabilities, mild mental retarda13 tion, emotional impairment, and other such dis14 abilities;

15 ‘‘(F) Native Hawaiians continue to be

16 underrepresented in institutions of higher edu17 cation and among adults who have completed 4

18 or more years of college;

19 ‘‘(G) Native Hawaiians continue to be dis20 proportionately represented in many negative so21 cial and physical statistics indicative of special

22 educational needs, as demonstrated by the fact

23 that—
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1 ‘‘(i) Native Hawaiian students are

2 more likely to be retained in grade level and

3 to be excessively absent in secondary school;

4 ‘‘(ii) Native Hawaiian students have

5 the highest rates of drug and alcohol use in

6 the State of Hawai‘i; and

7 ‘‘(iii) Native Hawaiian children con8 tinue to be disproportionately victimized by

9 child abuse and neglect; and

10 ‘‘(H) Native Hawaiians now comprise over

11 23 percent of the students served by the State of

12 Hawai‘i Department of Education, and there are

13 and will continue to be geographically rural, iso14 lated areas with a high Native Hawaiian popu15 lation density.

16 ‘‘(17) In the 1998 National Assessment of Edu17 cational Progress, Hawaiian fourth-graders ranked

18 39th among groups of students from 39 States in

19 reading. Given that Hawaiian students rank among

20 the lowest groups of students nationally in reading,

21 and that Native Hawaiian students rank the lowest

22 among Hawaiian students in reading, it is impera23 tive that greater focus be placed on beginning reading

24 and early education and literacy in Hawai‘i.
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1 ‘‘(18) The findings described in paragraphs (16)

2 and (17) are inconsistent with the high rates of lit3 eracy and integration of traditional culture and

4 Western education historically achieved by Native

5 Hawaiians through a Hawaiian language-based pub6 lic school system established in 1840 by Kamehameha

7 III.

8 ‘‘(19) Following the overthrow of the Kingdom of

9 Hawai‘i in 1893, Hawaiian medium schools were

10 banned. After annexation, throughout the territorial

11 and statehood period of Hawai‘i, and until 1986, use

12 of the Hawaiian language as an instructional me13 dium in education in public schools was declared un14 lawful. The declaration caused incalculable harm to a

15 culture that placed a very high value on the power of

16 language, as exemplified in the traditional saying: ‘I

ka ‘o ̄lelo no ̄ ke ola; I ka ‘o ̄lelo no ̄ 17 ka make. In the lan18 guage rests life; In the language rests death.’.

19 ‘‘(20) Despite the consequences of over 100 years

20 of nonindigenous influence, the Native Hawaiian peo21 ple are determined to preserve, develop, and transmit

22 to future generations their ancestral territory and

23 their cultural identity in accordance with their own

24 spiritual and traditional beliefs, customs, practices,

25 language, and social institutions.
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1 ‘‘(21) The State of Hawai‘i, in the constitution

2 and statutes of the State of Hawai‘i—

3 ‘‘(A) reaffirms and protects the unique right

4 of the Native Hawaiian people to practice and

5 perpetuate their culture and religious customs,

6 beliefs, practices, and language;

7 ‘‘(B) recognizes the traditional language of

8 the Native Hawaiian people as an official lan9 guage of the State of Hawai‘i, which may be

10 used as the language of instruction for all sub11 jects and grades in the public school system; and

12 ‘‘(C) promotes the study of the Hawaiian

13 culture, language, and history by providing a

14 Hawaiian education program and using commu15 nity expertise as a suitable and essential means

16 to further the program.

17 ‘‘SEC. 9203. PURPOSES.

18 ‘‘The purposes of this part are to—

19 ‘‘(1) authorize and develop innovative edu20 cational programs to assist Native Hawaiians in

21 reaching the National Education Goals;

22 ‘‘(2) provide direction and guidance to appro23 priate Federal, State, and local agencies to focus re24 sources, including resources made available under this
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1 part, on Native Hawaiian education, and to provide

2 periodic assessment and data collection;

3 ‘‘(3) supplement and expand programs and au4 thorities in the area of education to further the pur5 poses of this title; and

6 ‘‘(4) encourage the maximum participation of

7 Native Hawaiians in planning and management of

8 Native Hawaiian education programs.

9 ‘‘SEC. 9204. NATIVE HAWAIIAN EDUCATION COUNCIL AND

10 ISLAND COUNCILS.

11 ‘‘(a) ESTABLISHMENT OF NATIVE HAWAIIAN EDU12 CATION COUNCIL.—In order to better effectuate the purposes

13 of this part through the coordination of educational and

14 related services and programs available to Native Hawai15 ians, including those programs receiving funding under this

16 part, the Secretary is authorized to establish a Native Ha17 waiian Education Council (referred to in this part as the

18 ‘Education Council’).

19 ‘‘(b) COMPOSITION OF EDUCATION COUNCIL.—The

20 Education Council shall consist of not more than 21 mem21 bers, unless otherwise determined by a majority of the coun22 cil.

23 ‘‘(c) CONDITIONS AND TERMS.—

24 ‘‘(1) CONDITIONS.—At least 10 members of the

25 Education Council shall be Native Hawaiian edu-
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1 cation service providers and 10 members of the Edu2 cation Council shall be Native Hawaiians or Native

3 Hawaiian education consumers. In addition, a rep4 resentative of the State of Hawai‘i Office of Hawai5 ian Affairs shall serve as a member of the Education

6 Council.

7 ‘‘(2) APPOINTMENTS.—The members of the Edu8 cation Council shall be appointed by the Secretary

9 based on recommendations received from the Native

10 Hawaiian community.

11 ‘‘(3) TERMS.—Members of the Education Council

12 shall serve for staggered terms of 3 years, except as

13 provided in paragraph (4).

14 ‘‘(4) COUNCIL DETERMINATIONS.—Additional

15 conditions and terms relating to membership on the

16 Education Council, including term lengths and term

17 renewals, shall be determined by a majority of the

18 Education Council.

19 ‘‘(d) NATIVE HAWAIIAN EDUCATION COUNCIL

20 GRANT.—The Secretary shall make a direct grant to the

21 Education Council in order to enable the Education Coun22 cil to—

23 ‘‘(1) coordinate the educational and related serv24 ices and programs available to Native Hawaiians, in25 cluding the programs assisted under this part;
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1 ‘‘(2) assess the extent to which such services and

2 programs meet the needs of Native Hawaiians, and

3 collect data on the status of Native Hawaiian edu4 cation;

5 ‘‘(3) provide direction and guidance, through the

6 issuance of reports and recommendations, to appro7 priate Federal, State, and local agencies in order to

8 focus and improve the use of resources, including re9 sources made available under this part, relating to

10 Native Hawaiian education, and serve, where appro11 priate, in an advisory capacity; and

12 ‘‘(4) make direct grants, if such grants enable the

13 Education Council to carry out the duties of the Edu14 cation Council, as described in paragraphs (1)

15 through (3).

16 ‘‘(e) ADDITIONAL DUTIES OF THE EDUCATION COUN17 CIL.—

18 ‘‘(1) IN GENERAL.—The Education Council shall

19 provide copies of any reports and recommendations

20 issued by the Education Council, including any infor21 mation that the Education Council provides to the

22 Secretary pursuant to subsection (i), to the Secretary,

23 the Committee on Education and the Workforce of the

24 House of Representatives, and the Committee on In25 dian Affairs of the Senate.
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1 ‘‘(2) ANNUAL REPORT.—The Education Council

2 shall prepare and submit to the Secretary an annual

3 report on the Education Council’s activities.

4 ‘‘(3) ISLAND COUNCIL SUPPORT AND ASSIST5 ANCE.—The Education Council shall provide such ad6 ministrative support and financial assistance to the

7 island councils established pursuant to subsection (f)

8 as the Secretary determines to be appropriate, in a

9 manner that supports the distinct needs of each island

10 council.

11 ‘‘(f) ESTABLISHMENT OF ISLAND COUNCILS.—

12 ‘‘(1) IN GENERAL.—In order to better effectuate

13 the purposes of this part and to ensure the adequate

14 representation of island and community interests

15 within the Education Council, the Secretary is au16 thorized to facilitate the establishment of Native Ha17 waiian education island councils (referred to individ18 ually in this part as an ‘island council’) for the fol19 lowing islands:

20 ‘‘(A) Hawai‘i.

21 ‘‘(B) Maui.

22 ‘‘(C) Moloka‘i.

23 ‘‘(D) Lana‘i.

24 ‘‘(E) O‘ahu.

25 ‘‘(F) Kaua‘i.
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1 ‘‘(G) Ni‘ihau.

2 ‘‘(2) COMPOSITION OF ISLAND COUNCILS.—Each

3 island council shall consist of parents, students, and

4 other community members who have an interest in

5 the education of Native Hawaiians, and shall be rep6 resentative of individuals concerned with the edu7 cational needs of all age groups, from children in preschool through adults. At least 3 8 ⁄4 of the members of

9 each island council shall be Native Hawaiians.

10 ‘‘(g) ADMINISTRATIVE PROVISIONS RELATING TO EDU11 CATION COUNCIL AND ISLAND COUNCILS.—The Education

12 Council and each island council shall meet at the call of

13 the chairperson of the appropriate council, or upon the re14 quest of the majority of the members of the appropriate

15 council, but in any event not less often than 4 times during

16 each calendar year. The provisions of the Federal Advisory

17 Committee Act shall not apply to the Education Council

18 and each island council.

19 ‘‘(h) COMPENSATION.—Members of the Education

20 Council and each island council shall not receive any com21 pensation for service on the Education Council and each

22 island council, respectively.

23 ‘‘(i) REPORT.—Not later than 4 years after the date

24 of enactment of the Educational Opportunities Act, the Sec25 retary shall prepare and submit to the Committee on Edu-
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•S 2 RS

1 cation and the Workforce of the House of Representatives

2 and the Committee on Indian Affairs of the Senate a report

3 that summarizes the annual reports of the Education Coun4 cil, describes the allocation and use of funds under this part,

5 and contains recommendations for changes in Federal,

6 State, and local policy to advance the purposes of this part.

7 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are

8 authorized to be appropriated to carry out this section

9 $300,000 for fiscal year 2001 and such sums as may be

10 necessary for each of the 4 succeeding fiscal years. Funds

11 appropriated under this subsection shall remain available

12 until expended.

13 ‘‘SEC. 9205. PROGRAM AUTHORIZED.

14 ‘‘(a) GENERAL AUTHORITY.—

15 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary is

16 authorized to make direct grants to, or enter into con17 tracts with—

18 ‘‘(A) Native Hawaiian educational organi19 zations;

20 ‘‘(B) Native Hawaiian community-based

21 organizations;

22 ‘‘(C) public and private nonprofit organiza23 tions, agencies, and institutions with experience

24 in developing or operating Native Hawaiian
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•S 2 RS

1 programs or programs of instruction in the Na2 tive Hawaiian language; and

3 ‘‘(D) consortia of the organizations, agen4 cies, and institutions described in subparagraphs

5 (A) through (C),

6 to carry out programs that meet the purposes of this

7 part.

8 ‘‘(2) PRIORITIES.—In awarding grants or con9 tracts to carry out activities described in paragraph

10 (3), the Secretary shall give priority to entities pro11 posing projects that are designed to address—

12 ‘‘(A) beginning reading and literacy among

13 students in kindergarten through third grade;

14 ‘‘(B) the needs of at-risk children and

15 youth;

16 ‘‘(C) needs in fields or disciplines in which

17 Native Hawaiians are underemployed; and

18 ‘‘(D) the use of the Hawaiian language in

19 instruction.

20 ‘‘(3) AUTHORIZED ACTIVITIES.—Activities pro21 vided through programs carried out under this part

22 may include—

23 ‘‘(A) the development and maintenance of a

24 statewide Native Hawaiian early education and

25 care system to provide a continuum of services
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1 for Native Hawaiian children from the prenatal

2 period of the children through age 5;

3 ‘‘(B) the operation of family-based edu4 cation centers that provide such services as—

5 ‘‘(i) programs for Native Hawaiian

6 parents and their infants from the prenatal

7 period of the infants through age 3;

8 ‘‘(ii) preschool programs for Native

9 Hawaiians; and

10 ‘‘(iii) research on, and development

11 and assessment of, family-based, early child12 hood, and preschool programs for Native

13 Hawaiians;

14 ‘‘(C) activities that enhance beginning read15 ing and literacy in either the Hawaiian or the

16 English language among Native Hawaiian stu17 dents in kindergarten through third grade and

18 assistance in addressing the distinct features of

19 combined English and Hawaiian literacy for

20 Hawaiian speakers in fifth and sixth grade;

21 ‘‘(D) activities to meet the special needs of

22 Native Hawaiian students with disabilities,

23 including—

24 ‘‘(i) the identification of such students

25 and their needs;
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1 ‘‘(ii) the provision of support services

2 to the families of those students; and

3 ‘‘(iii) other activities consistent with

4 the requirements of the Individuals with

5 Disabilities Education Act;

6 ‘‘(E) activities that address the special

7 needs of Native Hawaiian students who are gift8 ed and talented, including—

9 ‘‘(i) educational, psychological, and de10 velopmental activities designed to assist in

11 the educational progress of those students;

12 and

13 ‘‘(ii) activities that involve the parents

14 of those students in a manner designed to

15 assist in the students’ educational progress;

16 ‘‘(F) the development of academic and voca17 tional curricula to address the needs of Native

18 Hawaiian children and adults, including cur19 riculum materials in the Hawaiian language

20 and mathematics and science curricula that in21 corporate Native Hawaiian tradition and cul22 ture;

23 ‘‘(G) professional development activities for

24 educators, including—
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1 ‘‘(i) the development of programs to

2 prepare prospective teachers to address the

3 unique needs of Native Hawaiian students

4 within the context of Native Hawaiian cul5 ture, language, and traditions;

6 ‘‘(ii) in-service programs to improve

7 the ability of teachers who teach in schools

8 with concentrations of Native Hawaiian

9 students to meet those students’ unique

10 needs; and

11 ‘‘(iii) the recruitment and preparation

12 of Native Hawaiians, and other individuals

13 who live in communities with a high con14 centration of Native Hawaiians, to become

15 teachers;

16 ‘‘(H) the operation of community-based

17 learning centers that address the needs of Native

18 Hawaiian families and communities through the

19 coordination of public and private programs and

20 services, including—

21 ‘‘(i) preschool programs;

22 ‘‘(ii) after-school programs; and

23 ‘‘(iii) vocational and adult education

24 programs;
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1 ‘‘(I) activities to enable Native Hawaiians

2 to enter and complete programs of postsecondary

3 education, including—

4 ‘‘(i) provision of full or partial schol5 arships for undergraduate or graduate

6 study that are awarded to students based on

7 their academic promise and financial need,

8 with a priority, at the graduate level, given

9 to students entering professions in which

10 Native Hawaiians are underrepresented;

11 ‘‘(ii) family literacy services;

12 ‘‘(iii) counseling and support services

13 for students receiving scholarship assistance;

14 ‘‘(iv) counseling and guidance for Na15 tive Hawaiian secondary students who have

16 the potential to receive scholarships; and

17 ‘‘(v) faculty development activities de18 signed to promote the matriculation of Na19 tive Hawaiian students;

20 ‘‘(J) research and data collection activities

21 to determine the educational status and needs of

22 Native Hawaiian children and adults;

23 ‘‘(K) other research and evaluation activi24 ties related to programs carried out under this

25 part; and
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1 ‘‘(L) other activities, consistent with the

2 purposes of this part, to meet the educational

3 needs of Native Hawaiian children and adults.

4 ‘‘(4) SPECIAL RULE AND CONDITIONS.—

5 ‘‘(A) INSTITUTIONS OUTSIDE HAWAII.—The

6 Secretary shall not establish a policy under this

7 section that prevents a Native Hawaiian student

8 enrolled at a 2- or 4-year degree granting insti9 tution of higher education outside of the State of

10 Hawai‘i from receiving a fellowship pursuant to

11 paragraph (3)(I).

12 ‘‘(B) FELLOWSHIP CONDITIONS.—The Sec13 retary shall establish conditions for receipt of a

14 fellowship awarded under paragraph (3)(I). The

15 conditions shall require that an individual seek16 ing such a fellowship enter into a contract to

17 provide professional services, either during the

18 fellowship period or upon completion of a pro19 gram of postsecondary education, to the Native

20 Hawaiian community.

21 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 per22 cent of funds provided to a grant recipient under this sec23 tion for any fiscal year may be used for administrative pur24 poses.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

2 authorized to be appropriated to carry out this section

3 $23,000,000 for fiscal year 2001 and such sums as may be

4 necessary for each of the 4 succeeding fiscal years. Funds

5 appropriated under this subsection shall remain available

6 until expended.

7 ‘‘SEC. 9206. ADMINISTRATIVE PROVISIONS.

8 ‘‘(a) APPLICATION REQUIRED.—No grant may be

9 made under this part, and no contract may be entered into

10 under this part, unless the entity seeking the grant or con11 tract submits an application to the Secretary at such time,

12 in such manner, and containing such information as the

13 Secretary may determine to be necessary to carry out the

14 provisions of this part.

15 ‘‘(b) SPECIAL RULE.—Each applicant for a grant or

16 contract under this part shall submit the application for

17 comment to the local educational agency serving students

18 who will participate in the program to be carried out under

19 the grant or contract, and include those comments, if any,

20 with the application to the Secretary.

21 ‘‘SEC. 9207. DEFINITIONS.

22 ‘‘In this part:

23 ‘‘(1) NATIVE HAWAIIAN.—The term ‘Native Ha24 waiian’ means any individual who is—

25 ‘‘(A) a citizen of the United States; and
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1 ‘‘(B) a descendant of the aboriginal people

2 who, prior to 1778, occupied and exercised sov3 ereignty in the area that now comprises the

4 State of Hawai‘i, as evidenced by—

5 ‘‘(i) genealogical records;

6 ‘‘(ii) Kupuna (elders) or Kama‘aina

7 (long-term community residents)

8 verification; or

9 ‘‘(iii) certified birth records.

10 ‘‘(2) NATIVE HAWAIIAN COMMUNITY-BASED ORGA11 NIZATION.—The term ‘Native Hawaiian community12 based organization’ means any organization that is

13 composed primarily of Native Hawaiians from a spe14 cific community and that assists in the social, cul15 tural, and educational development of Native Hawai16 ians in that community.

17 ‘‘(3) NATIVE HAWAIIAN EDUCATIONAL ORGANIZA18 TION.—The term ‘Native Hawaiian educational orga19 nization’ means a private nonprofit organization

20 that—

21 ‘‘(A) serves the interests of Native Hawai22 ians;

23 ‘‘(B) has Native Hawaiians in substantive

24 and policymaking positions within the organiza25 tion;
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1 ‘‘(C) incorporates Native Hawaiian per2 spective, values, language, culture, and tradi3 tions into the core function of the organization;

4 ‘‘(D) has demonstrated expertise in the edu5 cation of Native Hawaiian youth; and

6 ‘‘(E) has demonstrated expertise in research

7 and program development.

8 ‘‘(4) NATIVE HAWAIIAN LANGUAGE.—The term

9 ‘Native Hawaiian language’ means the single Native

10 American language indigenous to the original inhab11 itants of the State of Hawai‘i.

12 ‘‘(5) NATIVE HAWAIIAN ORGANIZATION.—The

13 term ‘Native Hawaiian organization’ means a pri14 vate nonprofit organization that—

15 ‘‘(A) serves the interests of Native Hawai16 ians;

17 ‘‘(B) has Native Hawaiians in substantive

18 and policymaking positions within the organiza19 tions; and

20 ‘‘(C) is recognized by the Governor of

21 Hawai‘i for the purpose of planning, conducting,

22 or administering programs (or portions of pro23 grams) for the benefit of Native Hawaiians.

24 ‘‘(6) OFFICE OF HAWAIIAN AFFAIRS.—The term

25 ‘Office of Hawaiian Affairs’ means the office of Ha-
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1 waiian Affairs established by the Constitution of the

2 State of Hawai‘i.

3 ‘‘PART C—ALASKA NATIVE EDUCATION

4 ‘‘SEC. 9301. SHORT TITLE.

5 ‘‘This part may be cited as the ‘Alaska Native Edu6 cational Equity, Support, and Assistance Act’.

7 ‘‘SEC. 9302. FINDINGS.

8 ‘‘Congress finds the following:

9 ‘‘(1) The attainment of educational success is

10 critical to the betterment of the conditions, long-term

11 well-being, and preservation of the culture of Alaska

12 Natives.

13 ‘‘(2) It is the policy of the Federal Government

14 to encourage the maximum participation by Alaska

15 Natives in the planning and the management of Alas16 ka Native education programs.

17 ‘‘(3) Alaska Native children enter and exit school

18 with serious educational handicaps.

19 ‘‘(4) The educational achievement of Alaska Na20 tive children is far below national norms. Native per21 formance on standardized tests is low, Native student

22 dropout rates are high, and Natives are significantly

23 underrepresented among holders of baccalaureate de24 grees in the State of Alaska. As a result, Native stu25 dents are being denied their opportunity to become
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1 full participants in society by grade school and high

2 school educations that are condemning an entire gen3 eration to an underclass status and a life of limited

4 choices.

5 ‘‘(5) The programs authorized in this title, com6 bined with expanded Head Start, infant learning and

7 early childhood education programs, and parent edu8 cation programs are essential if educational handi9 caps are to be overcome.

10 ‘‘(6) The sheer magnitude of the geographic bar11 riers to be overcome in delivering educational services

12 in rural Alaska and Alaska villages should be ad13 dressed through the development and implementation

14 of innovative, model programs in a variety of areas.

15 ‘‘(7) Congress finds that Native children should

16 be afforded the opportunity to begin their formal edu17 cation on a par with their non-Native peers. The Fed18 eral Government should lend support to efforts devel19 oped by and undertaken within the Alaska Native

20 community to improve educational opportunity for

21 all students.

22 ‘‘SEC. 9303. PURPOSES.

23 ‘‘The purposes of this part are to—

24 ‘‘(1) recognize the unique educational needs of

25 Alaska Natives;
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1 ‘‘(2) authorize the development of supplemental

2 educational programs to benefit Alaska Natives;

3 ‘‘(3) supplement programs and authorities in the

4 area of education to further the objectives of this part;

5 and

6 ‘‘(4) provide direction and guidance to appro7 priate Federal, State, and local agencies to focus re8 sources, including resources made available under this

9 part, on meeting the educational needs of Alaska Na10 tives.

11 ‘‘SEC. 9304. PROGRAM AUTHORIZED.

12 ‘‘(a) GENERAL AUTHORITY.—

13 ‘‘(1) GRANTS AND CONTRACTS.—The Secretary is

14 authorized to make grants to, or enter into contracts

15 with, Alaska Native organizations, educational enti16 ties with experience in developing or operating Alaska

17 Native programs or programs of instruction con18 ducted in Alaska Native languages, and consortia of

19 such organizations and entities to carry out programs

20 that meet the purposes of this part.

21 ‘‘(2) PERMISSIBLE ACTIVITIES.—Activities pro22 vided through programs carried out under this part

23 may include—
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1 ‘‘(A) the development and implementation

2 of plans, methods, and strategies to improve the

3 education of Alaska Natives;

4 ‘‘(B) the development of curricula and edu5 cational programs that address the educational

6 needs of Alaska Native students, including—

7 ‘‘(i) curriculum materials that reflect

8 the cultural diversity or the contributions of

9 Alaska Natives;

10 ‘‘(ii) instructional programs that make

11 use of Native Alaskan languages; and

12 ‘‘(iii) networks that introduce success13 ful programs, materials, and techniques to

14 urban and rural schools;

15 ‘‘(C) professional development activities for

16 educators, including—

17 ‘‘(i) programs to prepare teachers to

18 address the cultural diversity and unique

19 needs of Alaska Native students;

20 ‘‘(ii) in-service programs to improve

21 the ability of teachers to meet the unique

22 needs of Alaska Native students; and

23 ‘‘(iii) recruitment and preparation of

24 teachers who are Alaska Native, reside in

25 communities with high concentrations of
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1 Alaska Native students, or are likely to suc2 ceed as teachers in isolated, rural commu3 nities and engage in cross-cultural instruc4 tion in Alaska;

5 ‘‘(D) the development and operation of home

6 instruction programs for Alaska Native preschool

7 children, the purpose of which is to ensure the

8 active involvement of parents in their children’s

9 education from the earliest ages;

10 ‘‘(E) family literacy services;

11 ‘‘(F) the development and operation of stu12 dent enrichment programs in science and mathe13 matics that—

14 ‘‘(i) are designed to prepare Alaska

15 Native students from rural areas, who are

16 preparing to enter secondary school, to excel

17 in science and math; and

18 ‘‘(ii) provide appropriate support serv19 ices to the families of such students that are

20 needed to enable such students to benefit

21 from the programs;

22 ‘‘(G) research and data collection activities

23 to determine the educational status and needs of

24 Alaska Native children and adults;
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1 ‘‘(H) other research and evaluation activi2 ties related to programs carried out under this

3 part; and

4 ‘‘(I) other activities, consistent with the

5 purposes of this part, to meet the educational

6 needs of Alaska Native children and adults.

7 ‘‘(3) HOME INSTRUCTION PROGRAMS.—Home in8 struction programs for Alaska Native preschool chil9 dren carried out under paragraph (2)(D) may

10 include—

11 ‘‘(A) programs for parents and their in12 fants, from the prenatal period of the infant

13 through age 3;

14 ‘‘(B) preschool programs; and

15 ‘‘(C) training, education, and support for

16 parents in such areas as reading readiness, ob17 servation, story telling, and critical thinking.

18 ‘‘(b) ADMINISTRATIVE COSTS.—Not more than 5 per19 cent of funds provided to a grant recipient under this sec20 tion for any fiscal year may be used for administrative pur21 poses.

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized to be appropriated to carry out this section

24 $17,000,000 for fiscal year 2001 and such sums as may be

25 necessary for each of the 4 succeeding fiscal years.
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1 ‘‘SEC. 9305. ADMINISTRATIVE PROVISIONS.

2 ‘‘(a) APPLICATION REQUIRED.—No grant may be

3 made under this part, and no contract may be entered into

4 under this part, unless the entity seeking the grant or con5 tract submits an application to the Secretary at such time,

6 in such manner, and containing such information as the

7 Secretary may determine to be necessary to carry out the

8 provisions of this part.

9 ‘‘(b) APPLICATIONS.—A State educational agency or

10 local educational agency may apply for a grant or contract

11 under this part only as part of a consortium involving an

12 Alaska Native organization. The consortium may include

13 other eligible applicants.

14 ‘‘(c) CONSULTATION REQUIRED.—Each applicant for

15 a grant or contract under this part shall provide for ongo16 ing advice from and consultation with representatives of the

17 Alaska Native community.

18 ‘‘(d) LOCAL EDUCATIONAL AGENCY COORDINATION.—

19 Each applicant for a grant or contract under this part shall

20 inform each local educational agency serving students who

21 will participate in the program to be carried out under the

22 grant or contract about the application.

23 ‘‘SEC. 9306. DEFINITIONS.

24 ‘‘In this part:
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1 ‘‘(1) ALASKA NATIVE.—The term ‘Alaska Native’

2 has the meaning given the term ‘Native’ in section

3 3(b) of the Alaska Native Claims Settlement Act.

4 ‘‘(2) ALASKA NATIVE ORGANIZATION.—The term

5 ‘Alaska Native organization’ means a federally recog6 nized tribe, consortium of tribes, regional nonprofit

7 Native association, or another organization that—

8 ‘‘(A) has or commits to acquire expertise in

9 the education of Alaska Natives; and

10 ‘‘(B) has Alaska Natives in substantive and

11 policymaking positions within the organiza12 tion.’’.

13 SEC. 902. CONFORMING AMENDMENTS.

14 (a) HIGHER EDUCATION ACT OF 1965.—Section

15 317(b) of the Higher Education Act of 1965 (20 U.S.C.

16 1059d(b)) is amended—

17 (1) in paragraph (1), by striking ‘‘section 9308’’

18 and inserting ‘‘section 9306’’; and

19 (2) in paragraph (3), by striking ‘‘section 9212’’

20 and inserting ‘‘section 9207’’.

21 (b) PUBLIC LAW 88–210.—Section 116 of Public Law

22 88–210 (as added by section 1 of Public Law 105–332 (112

23 Stat. 3076)) is amended by striking ‘‘section 9212 of the

24 Native Hawaiian Education Act (20 U.S.C. 7912)’’ and in-
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1 serting ‘‘section 9207 of the Native Hawaiian Education

2 Act’’.

3 (c) CARL D. PERKINS VOCATIONAL AND TECHNICAL

4 EDUCATION ACT OF 1998.—Section 116(a)(5) of the Carl

5 D. Perkins Vocational and Technical Education Act of 1998

6 (20 U.S.C. 2326(a)(5)) is amended by striking ‘‘section

7 9212’’ and all that follows and inserting ‘‘section 9207 of

8 the Native Hawaiian Education Act’’.

9 (d) MUSEUM AND LIBRARY SERVICES ACT.—Section

10 261 of the Museum and Library Services Act (20 U.S.C.

11 9161) is amended by striking ‘‘section 9212 of the Native

12 Hawaiian Education Act (20 U.S.C. 7912)’’ and inserting

13 ‘‘section 9207 of the Native Hawaiian Education Act’’.

14 (e) ACT OF APRIL 16, 1934.—Section 5 of the Act of

15 April 16, 1934 (commonly known as the ‘‘Johnson-O’Malley

16 Act’’) (88 Stat. 2213; 25 U.S.C. 456) is amended by strik17 ing ‘‘section 9104(c)(4)’’ and inserting ‘‘section 9114(c)(4)’’.

18 (f) NATIVE AMERICAN LANGUAGES ACT.—Section 103

19 of the Native American Languages Act (25 U.S.C. 2902)

20 is amended—

21 (1) in paragraph (2), by striking ‘‘section

22 9161(4) of the Elementary and Secondary Education

23 Act of 1965 (20 U.S.C. 7881(4))’’ and inserting ‘‘sec24 tion 9161(3) of the Elementary and Secondary Edu25 cation Act of 1965’’; and
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1 (2) in paragraph (3), by striking ‘‘section

2 9212(1) of the Elementary and Secondary Education

3 Act of 1965 (20 U.S.C. 7912(1))’’ and inserting ‘‘sec4 tion 9207 of the Elementary and Secondary Edu5 cation Act of 1965’’.

6 (g) WORKFORCE INVESTMENT ACT OF 1998.—Section

7 166(b)(3) of the Workforce Investment Act of 1998 (29

8 U.S.C. 2911(b)(3)) is amended by striking ‘‘paragraphs (1)

9 and (3), respectively, of section 9212 of the Native Hawai10 ian Education Act (20 U.S.C. 7912)’’ and inserting ‘‘sec11 tion 9207 of the Native Hawaiian Education Act’’.

12 (h) ASSETS FOR INDEPENDENCE ACT.—Section

13 404(11) of the Assets for Independence Act (42 U.S.C. 604

14 note) is amended by striking ‘‘section 9212 of the Native

15 Hawaiian Education Act (20 U.S.C. 7912)’’ and inserting

16 ‘‘section 9207 of the Native Hawaiian Education Act’’.

17 TITLE X—GENERAL PROVISIONS

18 SEC. 10001. UNIFORM PROVISIONS.

19 The Act (20 U.S.C. 6301 et seq.) is amended—

20 (1) by amending the heading for title X (20

21 U.S.C. 8001 et seq.) to read as follows:

22 ‘‘TITLE X—GENERAL

23 PROVISIONS’’;

24 (2) by repealing part A of title X (20 U.S.C.

25 8001 et seq.);
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1 (3) by transferring part E of title XIV (20

2 U.S.C. 8891 et seq.) to title X, inserting such part E

3 after the heading for title X (as so amended), and re4 designating such part E (as so transferred) as part

5 A of title X;

6 (4) by redesignating sections 14501 through

7 14514 (as so transferred) (20 U.S.C. 8891, 8904) as

8 sections 10101 through 10114;

9 (5) in section 10103(b)(1) (as so redesignated)

10 (20 U.S.C. 8893(b)(1)), by striking subparagraphs

11 (A) through (E) and inserting the following:

12 ‘‘(A) part C of title I;

13 ‘‘(B) title II;

14 ‘‘(C) part A of title IV;

15 ‘‘(D) part A of title V; and

16 ‘‘(E) title VII.’’;

17 (6) in section 10104 (as so redesignated) (20

18 U.S.C. 8894)—

19 (A) in the matter preceding paragraph (1),

20 by striking ‘‘14503’’ and inserting ‘‘10103’’; and

21 (B) in paragraph (2), by striking ‘‘14503,

22 14505, and 14506’’ and inserting ‘‘10103, 10105,

23 and 10106’’;
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1 (7) in section 10105(a) (as so redesignated) (20

2 U.S.C. 8895(a)), by striking ‘‘14503’’ and inserting

3 ‘‘10103’’;

4 (8) in section 10106 (as so redesignated) (20

5 U.S.C. 8896)—

6 (A) in subsection (a)(1), by striking

7 ‘‘14504’’ and inserting ‘‘10104’’; and

8 (B) in subsection (b), by striking ‘‘14503’’

9 and inserting ‘‘10103’’; and

10 (9) by inserting after section 10114 (as so redes11 ignated) the following:

12 ‘‘SEC. 10115. CONSTRUCTION.

13 ‘‘Nothing in this Act shall be construed to prohibit re14 cruiters for the Armed Forces of the United States from re15 ceiving the same access to secondary school students, and

16 to directory information concerning such students, as is

17 provided to postsecondary educational institutions or to

18 prospective employers of such students, because all students

19 should have access to high quality continuing education or

20 service opportunities.

21 ‘‘SEC. 10116. APPLICABILITY TO BUREAU OF INDIAN AF22 FAIRS OPERATED SCHOOLS.

23 ‘‘For purposes of any competitive program under this

24 Act—
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1 ‘‘(1) a consortium of schools operated by the Bu2 reau of Indian Affairs;

3 ‘‘(2) a school operated under a contract or grant

4 with the Bureau of Indian Affairs in consortium with

5 another contract or grant school, or with a tribal or

6 community organization; or

7 ‘‘(3) a Bureau of Indian Affairs school in con8 sortium with an institution of higher education, with

9 a contract or grant school, or with a tribal or commu10 nity organization,

11 shall be given the same consideration as a local educational

12 agency.’’.

13 SEC. 10002. EVALUATIONS.

14 Part B of title X (20 U.S.C. 8031 et seq.) is amended

15 to read as follows:

16 ‘‘PART B—EVALUATIONS

17 ‘‘SEC. 10201. EVALUATIONS.

18 ‘‘(a) EVALUATIONS.—

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), the Secretary is authorized to reserve not

21 more than 0.50 percent of the amount appropriated

22 to carry out each program authorized under this

23 Act—

24 ‘‘(A) to carry out comprehensive evaluations

25 of categorical programs and demonstration
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1 projects, and studies of program effectiveness,

2 under this Act, and the administrative impact of

3 such programs on schools and local educational

4 agencies in accordance with subsection (b);

5 ‘‘(B) to evaluate the aggregate short- and

6 long-term effects and cost efficiencies across Fed7 eral programs under this Act; and

8 ‘‘(C) to strengthen the usefulness of grant

9 recipient evaluations for continuous program

10 progress through improving the quality, timeli11 ness, efficiency, and utilization of program infor12 mation on program performance.

13 ‘‘(2) SPECIAL RULE.—

14 ‘‘(A) APPLICABILITY.—Paragraph (1) shall

15 not apply to any program under title I.

16 ‘‘(B) SPECIAL RULE.—If funds are made

17 available under any program assisted under this

18 Act (other than a program under title I) for

19 evaluation activities, then the Secretary shall re20 serve no additional funds pursuant to the au21 thority in paragraph (1) to evaluate such pro22 gram, but shall coordinate the evaluation of such

23 program with the national evaluation described

24 in subsection (b).

25 ‘‘(b) NATIONAL EVALUATIONS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall use the

2 funds made available under subsection (a)—

3 ‘‘(A) to carry out independent studies of

4 categorical and demonstration programs under

5 this Act and the administrative impact of such

6 programs on schools and local educational agen7 cies, that are coordinated with research sup8 ported through the Office of Educational Re9 search and Improvement, using rigorous meth10 odological designs and techniques, including lon11 gitudinal designs, control groups, and random

12 assignment, as appropriate, to determine—

13 ‘‘(i) the success of such programs in

14 meeting the measurable goals and objectives,

15 through appropriate targeting, quality serv16 ices, and efficient administration, and in

17 contributing to achieving America’s Edu18 cation Goals, with a priority on assessing

19 program impact on student performance;

20 ‘‘(ii) the short- and long-term effects of

21 program participation on program partici22 pants, as appropriate;

23 ‘‘(iii) the cost and efficiency of such

24 programs;
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1 ‘‘(iv) to the extent feasible, the cost of

2 serving all students eligible to be served

3 under such programs;

4 ‘‘(v) specific intervention strategies

5 and implementation of such strategies that,

6 based on theory, research and evaluation,

7 offer the promise of improved achievement

8 of program objectives;

9 ‘‘(vi) promising means of identifying

10 and disseminating effective management

11 and educational practices;

12 ‘‘(vii) the effect of such programs on

13 school and local educational agencies’ ad14 ministrative responsibilities and structure,

15 including the use of local and State re16 sources, with particular attention to schools

17 and agencies serving a high concentration of

18 disadvantaged students;

19 ‘‘(viii) the effect of Federal categorical

20 programs at the elementary and secondary

21 levels on the proliferation of State categor22 ical education aid programs and regula23 tions, including an evaluation of the State

24 regulations that are developed in response to

25 Federal education laws; and
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1 ‘‘(ix) the effect of such programs on

2 school reform efforts;

3 ‘‘(B) to carry out a study of the waivers

4 granted under section 6601, which study shall

5 include—

6 ‘‘(i) data on the total number of waiver

7 requests that were granted and the total

8 number of such requests that were denied,

9 disaggregated by the statutory or regulatory

10 requirement for which the waivers were re11 quested; and

12 ‘‘(ii) an analysis of the effect of waiv13 ers on categorical program requirements

14 and other flexibility provisions in this Act

15 on improvement in educational achievement

16 of participating students and on school and

17 local educational agency administrative re18 sponsibilities, structure, and resources based

19 on an appropriate sample of State edu20 cational agencies, local educational agen21 cies, schools, and tribes receiving waivers;

22 ‘‘(C) to carry out a study of the waivers

23 under section 1114 to support schoolwide pro24 grams which shall include—
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1 ‘‘(i) the extent to which schoolwide pro2 grams are meeting the intent and purposes

3 of any program for which provisions were

4 waived; and

5 ‘‘(ii) the extent to which the needs of

6 all students are being served by such pro7 grams particularly students who would be

8 eligible for assistance under any provisions

9 waived; and

10 ‘‘(D) to provide for a study, conducted by

11 the National Academy of Sciences, regarding the

12 relationship between time and learning, which

13 shall include—

14 ‘‘(i) an analysis of the impact of in15 creasing education time on student achieve16 ment;

17 ‘‘(ii) an analysis of how schools, teach18 ers, and students use time and the quality

19 of instructional activities;

20 ‘‘(iii) an analysis of how time outside

21 of school may be used to enhance student

22 learning; and

23 ‘‘(iv) cost estimates for increasing time

24 in school.
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1 ‘‘(2) INDEPENDENT PANEL.—The Secretary shall

2 appoint an independent panel to review the plan for

3 the evaluation described in paragraph (1), to advise

4 the Secretary on such evaluation’s progress, and to

5 comment, if the panel so wishes, on the final report

6 described in paragraph (3).

7 ‘‘(3) REPORT.—The Secretary shall submit a

8 final report on the evaluation described in this sub9 section by January 1, 2004, to the Committee on

10 Education and the Workforce of the House of Rep11 resentatives and to the Committee on Health, Edu12 cation, Labor, and Pensions of the Senate.

13 ‘‘(c) RECIPIENT EVALUATION AND QUALITY ASSUR14 ANCE IMPROVEMENT.—The Secretary is authorized to pro15 vide guidance, technical assistance, and model programs to

16 recipients of assistance under this Act to strengthen infor17 mation for quality assurance and performance information

18 feedback at State and local levels. Such guidance and assist19 ance shall promote the development, measurement and re20 porting of valid, reliable, timely and consistent performance

21 indicators within a program in order to promote contin22 uous program improvement. Nothing in this subsection

23 shall be construed to establish a national data system.’’.
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1 SEC. 10003. AMERICA’S EDUCATION GOALS.

2 Part C of title X (20 U.S.C. 8061 et seq.) is amended

3 to read as follows:

4 ‘‘PART C—AMERICA’S EDUCATION GOALS

5 ‘‘SEC. 10301. AMERICA’S EDUCATION GOALS.

6 ‘‘America’s Education Goals are as follows:

7 ‘‘(1) SCHOOL READINESS.—

8 ‘‘(A) GOAL.—All children in America will

9 start school ready to learn.

10 ‘‘(B) OBJECTIVES.—The objectives for this

11 goal are that—

12 ‘‘(i) all children will have access to

13 high-quality and developmentally appro14 priate preschool programs that help prepare

15 children for school;

16 ‘‘(ii) every parent in the United States

17 will be a child’s first teacher and devote

18 time each day to helping such parent’s pre19 school child learn, and parents will have ac20 cess to the training and support parents

21 need; and

22 ‘‘(iii) children will receive the nutri23 tion, physical activity experiences, and

24 health care needed to arrive at school with

25 healthy minds and bodies, and to maintain

26 the mental alertness necessary to be pre-
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1 pared to learn, and the number of low2 birthweight babies will be significantly re3 duced through enhanced prenatal health sys4 tems.

5 ‘‘(2) SCHOOL COMPLETION.—

6 ‘‘(A) GOAL.—The high school graduation

7 rate will increase to at least 90 percent.

8 ‘‘(B) OBJECTIVES.—The objectives for this

9 goal are that—

10 ‘‘(i) the Nation must dramatically re11 duce its school dropout rate, and 75 percent

12 of the students who do drop out will success13 fully complete a high school degree or its

14 equivalent; and

15 ‘‘(ii) the gap in high school graduation

16 rates between American students from mi17 nority backgrounds and their non-minority

18 counterparts will be eliminated.

19 ‘‘(3) STUDENT ACHIEVEMENT AND CITIZEN20 SHIP.—

21 ‘‘(A) GOAL.—All students will leave grades

22 4, 8, and 12 having demonstrated competency

23 over challenging subject matter including

24 English, mathematics, science, foreign languages,

25 civics and government, economics, arts, history,
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1 and geography, and every school in America will

2 ensure that all students learn to use their minds

3 well, so they may be prepared for responsible

4 citizenship, further learning, and productive em5 ployment in our Nation’s modern economy.

6 ‘‘(B) OBJECTIVES.—The objectives for this

7 goal are that—

8 ‘‘(i) the academic performance of all

9 students at the elementary and secondary

10 level will increase significantly in every

11 quartile, and the distribution of minority

12 students in each quartile will more closely

13 reflect the student population as a whole;

14 ‘‘(ii) the percentage of all students who

15 demonstrate the ability to reason, solve

16 problems, apply knowledge, and write and

17 communicate effectively will increase sub18 stantially;

19 ‘‘(iii) all students will be involved in

20 activities that promote and demonstrate

21 good citizenship, good health, community

22 service, and personal responsibility;

23 ‘‘(iv) all students will have access to

24 physical education and health education to

25 ensure they are healthy and fit;
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1 ‘‘(v) the percentage of all students who

2 are competent in more than one language

3 will substantially increase; and

4 ‘‘(vi) all students will be knowledgeable

5 about the diverse cultural heritage of this

6 Nation and about the world community.

7 ‘‘(4) TEACHER EDUCATION AND PROFESSIONAL

8 DEVELOPMENT.—

9 ‘‘(A) GOAL.—The Nation’s teaching force

10 will have access to programs for the continued

11 improvement of their professional skills and the

12 opportunity to acquire the knowledge and skills

13 needed to instruct and prepare all American stu14 dents.

15 ‘‘(B) OBJECTIVES.—The objectives for this

16 goal are that—

17 ‘‘(i) all teachers will have access to

18 preservice teacher education and continuing

19 professional development activities that will

20 provide such teachers with the knowledge

21 and skills needed to teach to an increasingly

22 diverse student population with a variety of

23 educational, social, and health needs;

24 ‘‘(ii) all teachers will have continuing

25 opportunities to acquire additional knowl-
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1 edge and skills needed to teach challenging

2 subject matter and to use emerging new

3 methods, forms of assessment, and tech4 nologies;

5 ‘‘(iii) States and school districts will

6 create integrated strategies to attract, re7 cruit, prepare, retrain, and support the con8 tinued professional development of teachers,

9 administrators, and other educators, so that

10 there is a highly talented work force of pro11 fessional educators to teach challenging sub12 ject matter; and

13 ‘‘(iv) partnerships will be established,

14 whenever possible, among local educational

15 agencies, institutions of higher education,

16 parents, and local labor, business, and pro17 fessional associations to provide and sup18 port programs for the professional develop19 ment of educators.

20 ‘‘(5) MATHEMATICS AND SCIENCE.—

21 ‘‘(A) GOAL.—United States students will be

22 first in the world in mathematics and science

23 achievement.

24 ‘‘(B) OBJECTIVES.—The objectives for this

25 goal are that—
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1 ‘‘(i) mathematics and science edu2 cation, including the metric system of meas3 urement, will be strengthened throughout the

4 education system, especially in the early

5 grades;

6 ‘‘(ii) the number of teachers with a

7 substantive background in mathematics and

8 science, including the metric system of

9 measurement, will increase by 50 percent;

10 and

11 ‘‘(iii) the number of United States un12 dergraduate and graduate students, espe13 cially women and minorities, who complete

14 degrees in mathematics, science, and engi15 neering will increase significantly.

16 ‘‘(6) ADULT LITERACY AND LIFELONG LEARN17 ING.—

18 ‘‘(A) GOAL.—Every adult American will be

19 literate and will possess the knowledge and skills

20 necessary to compete in a global economy and

21 exercise the rights and responsibilities of citizen22 ship.

23 ‘‘(B) OBJECTIVES.—The objectives for this

24 goal are that—
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1 ‘‘(i) every major American business

2 will be involved in strengthening the con3 nection between education and work;

4 ‘‘(ii) all workers will have the oppor5 tunity to acquire the knowledge and skills,

6 from basic to highly technical, needed to

7 adapt to emerging new technologies, work

8 methods, and markets through public and

9 private educational, vocational, technical,

10 workplace, or other programs;

11 ‘‘(iii) the number of quality programs,

12 including those at libraries, that are de13 signed to serve more effectively the needs of

14 the growing number of part-time and

15 midcareer students will increase substan16 tially;

17 ‘‘(iv) the proportion of the qualified

18 students, especially minorities, who enter

19 college, who complete at least two years, and

20 who complete their degree programs will in21 crease substantially;

22 ‘‘(v) the proportion of college graduates

23 who demonstrate an advanced ability to

24 think critically, communicate effectively,
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1 and solve problems will increase substan2 tially; and

3 ‘‘(vi) schools, in implementing com4 prehensive parent involvement programs,

5 will offer more adult literacy, parent train6 ing and life-long learning opportunities to

7 improve the ties between home and school,

8 and enhance parents’ work and home lives.

9 ‘‘(7) SAFE, DISCIPLINED, AND ALCOHOL- AND

10 DRUG-FREE SCHOOLS.—

11 ‘‘(A) GOAL.—Every school in the United

12 States will be free of drugs, violence, and the un13 authorized presence of firearms and alcohol, and

14 will offer a disciplined environment conducive to

15 learning.

16 ‘‘(B) OBJECTIVES.—The objectives for this

17 goal are that—

18 ‘‘(i) every school will implement a firm

19 and fair policy on use, possession, and dis20 tribution of drugs and alcohol;

21 ‘‘(ii) parents, businesses, governmental

22 and community organizations will work to23 gether to ensure the rights of students to

24 study in a safe and secure environment that

25 is free of drugs and crime, and that schools
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1 provide a healthy environment and are a

2 safe haven for all children;

3 ‘‘(iii) every local educational agency

4 will develop and implement a policy to en5 sure that all schools are free of violence and

6 the unauthorized presence of weapons;

7 ‘‘(iv) every local educational agency

8 will develop a sequential, comprehensive

9 kindergarten through twelfth grade drug

10 and alcohol prevention education program;

11 ‘‘(v) drug and alcohol curriculum

12 should be taught as an integral part of se13 quential, comprehensive health education;

14 ‘‘(vi) community-based teams should be

15 organized to provide students and teachers

16 with needed support; and

17 ‘‘(vii) every school should work to

18 eliminate sexual harassment.

19 ‘‘(8) PARENTAL PARTICIPATION.—

20 ‘‘(A) GOAL.—Every school will promote

21 partnerships that will increase parental involve22 ment and participation in promoting the social,

23 emotional, and academic growth of children.

24 ‘‘(B) OBJECTIVES.—The objectives for this

25 Goal are that—
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1 ‘‘(i) every State will develop policies to

2 assist local schools and local educational

3 agencies to establish programs for increas4 ing partnerships that respond to the vary5 ing needs of parents and the home, includ6 ing parents of children who are disadvan7 taged or bilingual, or parents of children

8 with disabilities;

9 ‘‘(ii) every school will actively engage

10 parents and families in a partnership

11 which supports the academic work of chil12 dren at home and shared educational deci13 sionmaking at school; and

14 ‘‘(iii) parents and families will help to

15 ensure that schools are adequately supported

16 and will hold schools and teachers to high

17 standards of accountability.’’.

18 SEC. 10004. AMERICA’S EDUCATION GOALS PANEL.

19 (a) AMENDMENT.—Part D of title X (20 U.S.C. 8091

20 et seq.) is amended to read as follows:

21 ‘‘PART D—AMERICA’S EDUCATION GOALS PANEL

22 ‘‘SEC. 10401. AMERICA’S EDUCATION GOALS PANEL.

23 ‘‘(a) PURPOSE.—It is the purpose of this section to es24 tablish a bipartisan mechanism for—
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1 ‘‘(1) building a national consensus for education

2 improvement; and

3 ‘‘(2) reporting on progress toward achieving the

4 National Education Goals.

5 ‘‘(b) AMERICA’S EDUCATION GOALS PANEL.—

6 ‘‘(1) ESTABLISHMENT.—There is established in

7 the executive branch an America’s Education Goals

8 Panel (hereafter in this section referred to as the

9 ‘Goals Panel’) to advise the President, the Secretary,

10 and Congress.

11 ‘‘(2) COMPOSITION.—The Goals Panel shall be

12 composed of 18 members (hereafter in this section re13 ferred to as ‘members’), including—

14 ‘‘(A) 2 members appointed by the President;

15 ‘‘(B) 8 members who are Governors, 3 of

16 whom shall be from the same political party as

17 the President and 5 of whom shall be from the

18 opposite political party of the President, ap19 pointed by the Chairperson and Vice Chair20 person of the National Governors’ Association,

21 with the Chairperson and Vice Chairperson each

22 appointing representatives of such Chairperson’s

23 or Vice Chairperson’s respective political party,

24 in consultation with each other;

25 ‘‘(C) 4 Members of Congress, of whom—
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1 ‘‘(i) 1 member shall be appointed by

2 the Majority Leader of the Senate from

3 among the Members of the Senate;

4 ‘‘(ii) 1 member shall be appointed by

5 the Minority Leader of the Senate from

6 among the Members of the Senate;

7 ‘‘(iii) 1 member shall be appointed by

8 the Majority Leader of the House of Rep9 resentatives from among the Members of the

10 House of Representatives; and

11 ‘‘(iv) 1 member shall be appointed by

12 the Minority Leader of the House of Rep13 resentatives from among the Members of the

14 House of Representatives; and

15 ‘‘(D) 4 members of State legislatures ap16 pointed by the President of the National Con17 ference of State Legislatures, of whom 2 shall be

18 of the same political party as the President of

19 the United States.

20 ‘‘(3) SPECIAL APPOINTMENT RULES.—

21 ‘‘(A) IN GENERAL.—The members appointed

22 pursuant to paragraph (2)(B) shall be appointed

23 as follows:

24 ‘‘(i) SAME PARTY.—If the Chairperson

25 of the National Governors’ Association is
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1 from the same political party as the Presi2 dent, the Chairperson shall appoint 3 indi3 viduals and the Vice Chairperson of such

4 association shall appoint 5 individuals.

5 ‘‘(ii) OPPOSITE PARTY.—If the Chair6 person of the National Governors’ Associa7 tion is from the opposite political party as

8 the President, the Chairperson shall appoint

9 5 individuals and the Vice Chairperson of

10 such association shall appoint 3 individ11 uals.

12 ‘‘(B) SPECIAL RULE.—If the National Gov13 ernors’ Association has appointed a panel that

14 meets the requirements of paragraph (2) and

15 subparagraph (A), except for the requirements of

16 subparagraph (D) of paragraph (2), prior to the

17 date of enactment of the Elementary and Sec18 ondary Education Amendments of 1999, then the

19 members serving on such panel shall be deemed

20 to be in compliance with the provisions of such

21 paragraph and subparagraph and shall not be

22 required to be reappointed pursuant to such

23 paragraph and subparagraph.

24 ‘‘(C) REPRESENTATION.—To the extent fea25 sible, the membership of the Goals Panel shall be
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1 geographically representative and reflect the ra2 cial, ethnic, and gender diversity of the United

3 States.

4 ‘‘(4) TERMS.—The terms of service of members

5 shall be as follows:

6 ‘‘(A) PRESIDENTIAL APPOINTEES.—Mem7 bers appointed under paragraph (2)(A) shall

8 serve at the pleasure of the President.

9 ‘‘(B) GOVERNORS.—Members appointed

10 under paragraph (2)(B) shall serve for 2-year

11 terms, except that the initial appointments

12 under such paragraph shall be made to ensure

staggered terms with 1 13 ⁄2 of such members’ terms

14 concluding every 2 years.

15 ‘‘(C) CONGRESSIONAL APPOINTEES AND

16 STATE LEGISLATORS.—Members appointed under

17 subparagraphs (C) and (D) of paragraph (2)

18 shall serve for 2-year terms.

19 ‘‘(5) DATE OF APPOINTMENT.—The initial mem20 bers shall be appointed not later than 60 days after

21 the date of enactment of the Elementary and Sec22 ondary Education Amendments of 1999.

23 ‘‘(6) INITIATION.—The Goals Panel may begin to

24 carry out the Goals Panel’s duties under this section
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1 when 10 members of the Goals Panel have been ap2 pointed.

3 ‘‘(7) VACANCIES.—A vacancy on the Goals Panel

4 shall not affect the powers of the Goals Panel, but

5 shall be filled in the same manner as the original ap6 pointment.

7 ‘‘(8) TRAVEL.—Each member may be allowed

8 travel expenses, including per diem in lieu of subsist9 ence, as authorized by section 5703 of title 5, United

10 States Code, for each day the member is engaged in

11 the performance of duties for the Goals Panel away

12 from the home or regular place of business of the

13 member.

14 ‘‘(9) CHAIRPERSON.—

15 ‘‘(A) IN GENERAL.—The members shall se16 lect a Chairperson from among the members.

17 ‘‘(B) TERM AND POLITICAL AFFILIATION.—

18 The Chairperson of the Goals Panel shall serve

19 a 1-year term and shall alternate between polit20 ical parties.

21 ‘‘(10) CONFLICT OF INTEREST.—A member of the

22 Goals Panel who is an elected official of a State

23 which has developed content or student performance

24 standards may not participate in Goals Panel consid25 eration of such standards.
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1 ‘‘(11) EX OFFICIO MEMBER.—If the President

2 has not appointed the Secretary as 1 of the 2 mem3 bers the President appoints pursuant to paragraph

4 (2)(A), then the Secretary shall serve as a nonvoting

5 ex officio member of the Goals Panel.

6 ‘‘(c) DUTIES.—

7 ‘‘(1) IN GENERAL.—The Goals Panel shall—

8 ‘‘(A) report to the President, the Secretary,

9 and Congress regarding the progress the Nation

10 and the States are making toward achieving

11 America’s Education Goals, including issuing an

12 annual report;

13 ‘‘(B) report on, and widely disseminate

14 through multiple strategies, promising or effec15 tive actions being taken at the Federal, State,

16 and local levels, and in the public and private

17 sectors, to achieve America’s Education Goals;

18 ‘‘(C) report on, and widely disseminate on

19 promising or effective practices pertaining to, the

20 achievement of each of the 8 America’s Edu21 cation Goals; and

22 ‘‘(D) help build a bipartisan consensus for

23 the reforms necessary to achieve America’s Edu24 cation Goals.

25 ‘‘(2) REPORT.—
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1 ‘‘(A) IN GENERAL.—The Goals Panel shall

2 annually prepare and submit to the President,

3 the Secretary, the appropriate committees of

4 Congress, and the Governor of each State a re5 port that shall—

6 ‘‘(i) assess the progress of the United

7 States toward achieving America’s Edu8 cation Goals; and

9 ‘‘(ii) identify actions that should be

10 taken by Federal, State, and local

11 governments—

12 ‘‘(I) to enhance progress toward

13 achieving America’s Education Goals;

14 and

15 ‘‘(II) to provide all students with

16 a fair opportunity-to-learn.

17 ‘‘(B) FORM; DATA.—Reports shall be pre18 sented in a form, and include data, that is un19 derstandable to parents and the general public.

20 ‘‘(d) POWERS OF THE GOALS PANEL.—

21 ‘‘(1) HEARINGS.—

22 ‘‘(A) IN GENERAL.—The Goals Panel shall,

23 for the purpose of carrying out this section, con24 duct such hearings, sit and act at such times and
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1 places, take such testimony, and receive such evi2 dence, as the Goals Panel considers appropriate.

3 ‘‘(B) REPRESENTATION.—In carrying out

4 this section, the Goals Panel shall conduct hear5 ings to receive reports, views, and analyses of a

6 broad spectrum of experts and the public on the

7 establishment of voluntary national content

8 standards, voluntary national student perform9 ance standards, and State assessments.

10 ‘‘(2) INFORMATION.—The Goals Panel may se11 cure directly from any department or agency of the

12 United States information necessary to enable the

13 Goals Panel to carry out this section. Upon request

14 of the Chairperson of the Goals Panel, the head of a

15 department or agency shall furnish such information

16 to the Goals Panel to the extent permitted by law.

17 ‘‘(3) POSTAL SERVICES.—The Goals Panel may

18 use the United States mail in the same manner and

19 under the same conditions as other departments and

20 agencies of the United States.

21 ‘‘(4) USE OF FACILITIES.—The Goals Panel

22 may, with or without reimbursement, and with the

23 consent of any agency or instrumentality of the

24 United States, or of any State or political subdivision

25 thereof, use the research, equipment, services, and fa-
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1 cilities of such agency, instrumentality, State, or sub2 division, respectively.

3 ‘‘(5) ADMINISTRATIVE ARRANGEMENTS AND SUP4 PORT.—

5 ‘‘(A) IN GENERAL.—The Secretary shall

6 provide to the Goals Panel, on a reimbursable

7 basis, such administrative support services as the

8 Goals Panel may request.

9 ‘‘(B) CONTRACTS AND OTHER ARRANGE10 MENTS.—The Secretary, to the extent appro11 priate, and on a reimbursable basis, shall enter

12 into contracts and make other arrangements that

13 are requested by the Goals Panel to help the

14 Goals Panel compile and analyze data or carry

15 out other functions necessary to the performance

16 of such responsibilities.

17 ‘‘(6) GIFTS.—The Goals Panel may accept, ad18 minister, and utilize gifts or donations of services,

19 money, or property, whether real or personal, tangible

20 or intangible.

21 ‘‘(e) ADMINISTRATIVE PROVISIONS.—

22 ‘‘(1) MEETINGS.—The Goals Panel shall meet on

23 a regular basis, as necessary, at the call of the Chair24 person of the Goals Panel or a majority of the Goals

25 Panel’s members.
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1 ‘‘(2) QUORUM.—A majority of the members shall

2 constitute a quorum for the transaction of business.

3 ‘‘(3) VOTING AND FINAL DECISION.—

4 ‘‘(A) VOTING.—No individual may vote, or

5 exercise any of the powers of a member, by

6 proxy.

7 ‘‘(B) FINAL DECISIONS.—

8 ‘‘(i) CONSENSUS.—In making final de9 cisions of the Goals Panel with respect to

10 the exercise of the Goals Panel’s duties and

11 powers the Goals Panel shall operate on the

12 principle of consensus among the members

13 of the Goals Panel.

14 ‘‘(ii) VOTES.—Except as otherwise pro15 vided in this section, if a vote of the mem16 bership of the Goals Panel is required to

17 reach a final decision with respect to the ex18 ercise of the Goals Panel’s duties and pow19 ers, then such final decision shall be made

by a 3 20 ⁄4 vote of the members of the Goals

21 Panel who are present and voting.

22 ‘‘(4) PUBLIC ACCESS.—The Goals Panel shall en23 sure public access to the Goals Panel’s proceedings

24 (other than proceedings, or portions of proceedings,

25 relating to internal personnel and management mat-
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1 ters) and make available to the public, at reasonable

2 cost, transcripts of such proceedings.

3 ‘‘(f) DIRECTOR AND STAFF; EXPERTS AND CONSULT4 ANTS.—

5 ‘‘(1) DIRECTOR.—The Chairperson of the Goals

6 Panel, without regard to the provisions of title 5,

7 United States Code, relating to the appointment and

8 compensation of officers or employees of the United

9 States, shall appoint a Director of the Goals Panel to

10 be paid at a rate not to exceed the rate of basic pay

11 payable for level V of the Executive Schedule.

12 ‘‘(2) APPOINTMENT AND PAY OF EMPLOYEES.—

13 ‘‘(A) APPOINTMENT.—

14 ‘‘(i) IN GENERAL.—The Director may

15 appoint not more than 4 additional em16 ployees to serve as staff to the Goals Panel

17 without regard to the provisions of title 5,

18 United States Code, governing appoint19 ments in the competitive service.

20 ‘‘(ii) PAY.—The employees appointed

21 under subparagraph (A) may be paid with22 out regard to the provisions of chapter 51

23 and subchapter III of chapter 53 of that

24 title relating to classification and General

25 Schedule pay rates, but shall not be paid a
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1 rate that exceeds the maximum rate of basic

2 pay payable for GS–15 of the General

3 Schedule.

4 ‘‘(B) ADDITIONAL EMPLOYEES.—The Direc5 tor may appoint additional employees to serve as

6 staff to the Goals Panel in accordance with title

7 5, United States Code.

8 ‘‘(3) EXPERTS AND CONSULTANTS.—The Goals

9 Panel may procure temporary and intermittent serv10 ices of experts and consultants under section 3109(b)

11 of title 5, United States Code.

12 ‘‘(4) STAFF OF FEDERAL AGENCIES.—Upon the

13 request of the Goals Panel, the head of any depart14 ment or agency of the United States may detail any

15 of the personnel of such agency to the Goals Panel to

16 assist the Goals Panel in the Goals Panel’s duties

17 under this section.

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated to carry out this part

20 $2,500,000 for fiscal year 2001 and such sums as may be

21 necessary for each of the 4 succeeding fiscal years.’’.

22 (b) TRANSITION RULE.—Each individual who is a

23 member or employee of the National Education Goals Panel

24 on the date of enactment of the Elementary and Secondary

25 Education Amendments of 1999 shall be a member or em-
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1 ployee, respectively, of the America’s Education Goals

2 Panel, without interruption or loss of service or status.

3 SEC. 10005. COMPREHENSIVE REGIONAL ASSISTANCE CEN4 TERS.

5 Part E of title X (20 U.S.C. 8131 et seq.) is amended

6 to read as follows:

7 ‘‘PART E—COMPREHENSIVE REGIONAL

8 ASSISTANCE CENTERS

9 ‘‘SEC. 10501. PROGRAM AUTHORIZED.

10 ‘‘(a) COMPREHENSIVE REGIONAL ASSISTANCE CEN11 TERS.—

12 ‘‘(1) IN GENERAL.—The Secretary is authorized

13 to award grants to, or enter into contracts or coopera14 tive agreements with, public or private nonprofit enti15 ties or consortia of such entities in order to establish

16 a networked system of 15 comprehensive regional as17 sistance centers to provide comprehensive training

18 and technical assistance, related to administration

19 and implementation of programs under this Act, to

20 States, local educational agencies, schools, tribes, com21 munity-based organizations, and other recipients of

22 funds under this Act.

23 ‘‘(2) CONSIDERATION.—In establishing com24 prehensive regional assistance centers and allocating
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1 resources among the centers, the Secretary shall

2 consider—

3 ‘‘(A) the geographic distribution of students

4 assisted under title I;

5 ‘‘(B) the geographic and linguistic distribu6 tion of students of limited-English proficiency;

7 ‘‘(C) the geographic distribution of Indian

8 students;

9 ‘‘(D) the special needs of students living in

10 urban and rural areas; and

11 ‘‘(E) the special needs of States and out12 lying areas in geographic isolation.

13 ‘‘(3) SPECIAL RULE.—The Secretary shall estab14 lish 1 comprehensive regional assistance center under

15 this section in Hawaii.

16 ‘‘(b) SERVICE TO INDIANS AND ALASKA NATIVES.—

17 The Secretary shall ensure that each comprehensive regional

18 assistance center that serves a region with a significant

19 population of Indian or Alaska Native students shall—

20 ‘‘(1) be awarded to a consortium which includes

21 a tribally controlled community college or other In22 dian organization; and

23 ‘‘(2) assist in the development and implementa24 tion of instructional strategies, methods and materials
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1 which address the specific cultural and other needs of

2 Indian or Alaska Native students.

3 ‘‘(c) ACCOUNTABILITY.—To ensure the quality and ef4 fectiveness of the networked system of comprehensive re5 gional assistance centers supported under this part, the Sec6 retary shall—

7 ‘‘(1) develop, in consultation with the Assistant

8 Secretary for Elementary and Secondary Education,

9 the Director of Bilingual Education and Minority

10 Languages Affairs, and the Assistant Secretary for

11 Educational Research and Improvement, a set of per12 formance indicators that assesses whether the work of

13 the centers assists in improving teaching and learn14 ing under this Act for all children, particularly chil15 dren at risk of educational failure;

16 ‘‘(2) conduct surveys every two years of popu17 lations to be served under this Act to determine if

18 such populations are satisfied with the access to and

19 quality of such services;

20 ‘‘(3) collect, as part of the Department’s reviews

21 of programs under this Act, information about the

22 availability and quality of services provided by the

23 centers, and share that information with the centers;

24 and
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1 ‘‘(4) take whatever steps are reasonable and nec2 essary to ensure that each center performs its respon3 sibilities in a satisfactory manner, which may

4 include—

5 ‘‘(A) termination of an award under this

6 part (if the Secretary concludes that performance

7 has been unsatisfactory) and the selection of a

8 new center; and

9 ‘‘(B) whatever interim arrangements the

10 Secretary determines are necessary to ensure the

11 satisfactory delivery of services under this part

12 to an affected region.

13 ‘‘(d) DURATION.—Grants, contracts or cooperative

14 agreements under this section shall be awarded for a period

15 of 5 years.

16 ‘‘SEC. 10502. REQUIREMENTS OF COMPREHENSIVE RE17 GIONAL ASSISTANCE CENTERS.

18 ‘‘(a) IN GENERAL.—Each comprehensive regional as19 sistance center established under section 10501(a) shall—

20 ‘‘(1) maintain appropriate staff expertise and

21 provide support, training, and assistance to State

22 educational agencies, tribal divisions of education,

23 local educational agencies, schools, and other grant re24 cipients under this Act, in—
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1 ‘‘(A) improving the quality of instruction,

2 curricula, assessments, and other aspects of

3 school reform, supported with funds under title I;

4 ‘‘(B) implementing effective schoolwide pro5 grams under section 1114;

6 ‘‘(C) meeting the needs of children served

7 under this Act, including children in high-pov8 erty areas, migratory children, immigrant chil9 dren, children with limited-English proficiency,

10 neglected or delinquent children, homeless chil11 dren and youth, Indian children, children with

12 disabilities, and, where applicable, Alaska Native

13 children and Native Hawaiian children;

14 ‘‘(D) implementing high-quality profes15 sional development activities for teachers, and

16 where appropriate, administrators, pupil serv17 ices personnel and other staff;

18 ‘‘(E) improving the quality of bilingual

19 education, including programs that emphasize

20 English and native language proficiency and

21 promote multicultural understanding;

22 ‘‘(F) creating safe and drug-free environ23 ments, especially in areas experiencing high lev24 els of drug use and violence in the community

25 and school;
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1 ‘‘(G) implementing educational applications

2 of technology;

3 ‘‘(H) coordinating services and programs to

4 meet the needs of students so that students can

5 fully participate in the educational program of

6 the school;

7 ‘‘(I) expanding the involvement and partici8 pation of parents in the education of their chil9 dren;

10 ‘‘(J) reforming schools, school systems, and

11 the governance and management of schools;

12 ‘‘(K) evaluating programs; and

13 ‘‘(L) meeting the special needs of students

14 living in urban and rural areas and the special

15 needs of local educational agencies serving urban

16 and rural areas;

17 ‘‘(2) ensure that technical assistance staff have

18 sufficient training, knowledge, and expertise in how

19 to integrate and coordinate programs under this Act

20 with each other, as well as with other Federal, State,

21 and local programs and reforms;

22 ‘‘(3) provide technical assistance using the high23 est quality and most cost-effective strategies possible;

24 ‘‘(4) coordinate services, work cooperatively, and

25 regularly share information with, the regional edu-
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1 cational laboratories, research and development cen2 ters, State literacy centers authorized under the Na3 tional Literacy Act of 1991, and other entities en4 gaged in research, development, dissemination, and

5 technical assistance activities which are supported by

6 the Department as part of a Federal technical assist7 ance system, to provide a broad range of support serv8 ices to schools in the region while minimizing the du9 plication of such services;

10 ‘‘(5) work collaboratively with the Department’s

11 regional offices;

12 ‘‘(6) consult with representatives of State edu13 cational agencies, local educational agencies, and

14 populations served under this Act;

15 ‘‘(7) provide services to States, local educational

16 agencies, tribes, and schools in order to better imple17 ment the purposes of this part; and

18 ‘‘(8) provide professional development services to

19 State educational agencies and local educational

20 agencies to increase the capacity of such entities to

21 provide high-quality technical assistance in support

22 of programs under this Act.

23 ‘‘(b) PRIORITY.—Each comprehensive regional assist24 ance center assisted under this part shall give priority to

25 servicing—
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1 ‘‘(1) schoolwide programs under section 1114;

2 and

3 ‘‘(2) local educational agencies and Bureau4 funded schools with the highest percentages or num5 bers of children in poverty.

6 ‘‘SEC. 10503. MAINTENANCE OF SERVICE AND APPLICATION

7 REQUIREMENTS.

8 ‘‘(a) MAINTENANCE OF SERVICE.—The Secretary shall

9 ensure that the comprehensive regional assistance centers

10 funded under this part provide technical assistance services

11 that address the needs of educationally disadvantaged stu12 dents, including students in urban and rural areas, and

13 bilingual, migrant, immigrant, and Indian students, that

14 are at least comparable to the level of such technical assist15 ance services provided under programs administered by the

16 Secretary on the day preceding the date of enactment of

17 the Improving America’s Schools Act of 1994.

18 ‘‘(b) APPLICATION REQUIREMENTS.—Each entity or

19 consortium desiring assistance under this part shall submit

20 an application to the Secretary at such time, in such man21 ner and accompanied by such information, as the Secretary

22 may require. Each such application shall—

23 ‘‘(1) demonstrate how the comprehensive regional

24 assistance center will provide expertise and services in

25 the areas described in section 10502;
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1 ‘‘(2) demonstrate how such centers will work to

2 conduct outreach to local educational agencies receiv3 ing priority under section 10502;

4 ‘‘(3) demonstrate support from States, local edu5 cational agencies and tribes in the area to be served;

6 ‘‘(4) demonstrate how such centers will ensure a

7 fair distribution of services to urban and rural areas;

8 and

9 ‘‘(5) provide such other information as the Sec10 retary may require.

11 ‘‘SEC. 10504. TRANSITION.

12 ‘‘(a) EXTENSION OF PREVIOUS CENTERS.—The Sec13 retary shall, notwithstanding any other provision of law,

14 use funds appropriated under section 10505 to extend or

15 continue contracts and grants for existing comprehensive

16 regional assistance centers assisted under this Act (as such

17 Act was in effect on the day preceding the date of enactment

18 of the Educational Opportunities Act), and take other nec19 essary steps to ensure a smooth transition of services pro20 vided under this part and that such services will not be

21 interrupted, curtailed, or substantially diminished.

22 ‘‘(b) STAFF EXPERTISE.—In planning for the competi23 tion for the new comprehensive regional assistance centers

24 under this part, the Secretary may draw on the expertise

25 of staff from existing comprehensive regional assistance cen-
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1 ters assisted under this Act prior to the date of enactment

2 of the Educational Opportunities Act.

3 ‘‘SEC. 10505. AUTHORIZATION OF APPROPRIATIONS.

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

5 authorized to be appropriated $70,000,000 for fiscal year

6 2001 and such sums as may be necessary for each of the

7 four succeeding fiscal years.’’.

8 SEC. 10006. REPEALS.

9 Parts F through K of title X, and titles XI, XII, XIII,

10 and XIV (20 U.S.C. 8141 et seq., 8331 et seq., 8401 et seq.,

11 8501 et seq., 8601 et seq., 8801 et seq.) are repealed.

12 SEC. 10007. TECHNICAL AND CONFORMING AMENDMENTS.

13 (a) LEGISLATIVE BRANCH APPROPRIATIONS ACT,

14 1997.—Section 5(d)(1) of the Legislative Branch Appro15 priations Act, 1997 (2 U.S.C. 117b–2(d)(1)) is amended—

16 (1) by striking ‘‘14101’’ and inserting ‘‘3’’; and

17 (2) by striking ‘‘(20 U.S.C. 8801)’’.

18 (b) LEGISLATIVE BRANCH APPROPRIATIONS ACT,

19 1987.—Section 104(3)(B)(ii) of the Legislative Branch Ap20 propriations Act, 1987 (as incorporated by reference in sec21 tion 101(j) of Public Law 99–500 and Public Law 99–591)

22 (2 U.S.C. 117e(3)(B)(ii)) is amended by striking ‘‘14101’’

23 and inserting ‘‘3’’.

24 (c) NATIONAL AGRICULTURAL RESEARCH, EXTENSION,

25 AND TEACHING POLICY ACT OF 1977.—Section
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1 1417(j)(1)(B) of the National Agricultural Research, Exten2 sion, and Teaching Policy Act of 1977 (7 U.S.C.

3 3152(j)(1)(B)) is amended—

4 (1) by striking ‘‘14101(25)’’ and inserting ‘‘3’’;

5 and

6 (2) by striking ‘‘(20 U.S.C. 8801(25))’’.

7 (d) REFUGEE EDUCATION ASSISTANCE ACT OF

8 1980.—Section 101(1) of the Refugee Education Assistance

9 Act of 1980 (8 U.S.C. 1522 note) is amended by striking

10 ‘‘14101’’ and inserting ‘‘3’’.

11 (e) TITLE 10, UNITED STATES CODE.—Section

12 2194(e) of title 10, United States Code, is amended—

13 (1) by striking ‘‘14101’’ and inserting ‘‘3’’; and

14 (2) by striking ‘‘(20 U.S.C. 8801)’’.

15 (f) TOXIC SUBSTANCES CONTROL ACT.—

16 (1) ASBESTOS.—Paragraphs (7), (9) and (12) of

17 section 202 of the Toxic Substances Control Act (15

18 U.S.C. 2642) are amended by striking ‘‘14101’’ and

19 inserting ‘‘3’’.

20 (2) RADON.—Section 302(1)(A) of the Toxic

21 Substances Control Act (15 U.S.C. 2662(1)(A)) is

22 amended by striking ‘‘14101’’ and inserting ‘‘3’’.

23 (g) HIGHER EDUCATION ACT OF 1965.—Paragraphs

24 (4), (5), (6), (10), and (14) of section 103 of the Higher
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1 Education Act of 1965 (20 U.S.C. 1003) are amended by

2 striking ‘‘14101’’ and inserting ‘‘3’’.

3 (h) GENERAL EDUCATION PROVISIONS ACT.—Section

4 425(6) of the General Education Provisions Act (20 U.S.C.

5 1226c(6)) is amended by striking ‘‘14701’’ and inserting

6 ‘‘10201’’.

7 (i) INDIVIDUALS WITH DISABILITIES EDUCATION

8 ACT.—Section 613(f) of the Individuals with Disabilities

9 Education Act (20 U.S.C. 1413(f)) is amended by striking

10 paragraph (3).

11 (j) EDUCATION AMENDMENTS OF 1972.—Section

12 908(2)(B) of the Education Amendments of 1972 (20 U.S.C.

13 1687(2)(B)) is amended by striking ‘‘14101’’ and inserting

14 ‘‘3’’.

15 (k) CARL D. PERKINS VOCATIONAL AND TECHNICAL

16 EDUCATION ACT OF 1998.—Section 3 of the Carl D. Per17 kins Vocational and Technical Education Act of 1998 (20

18 U.S.C. 2302) is amended—

19 (1) in paragraph (5)—

20 (A) by striking ‘‘10306’’ and inserting

21 ‘‘5410’’; and

22 (B) by striking ‘‘(20 U.S.C. 8066)’’; and

23 (2) in paragraphs (8), (16), and (21)—

24 (A) by striking ‘‘14101’’ and inserting ‘‘3’’;

25 and
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1 (B) by striking ‘‘(20 U.S.C. 8801)’’.

2 (l) EDUCATION FOR ECONOMIC SECURITY ACT.—

3 (1) ECONOMIC SECURITY.—Section 3(3) of the

4 Education for Economic Security Act (20 U.S.C.

5 3902) is amended—

6 (A) in paragraph (3)—

7 (i) by striking ‘‘198(a)(7)’’ and insert8 ing ‘‘3’’; and

9 (B) in paragraph (7)—

10 (i) by striking ‘‘198(a)(10)’’ and in11 serting ‘‘3’’; and

12 (C) in paragraph (12)—

13 (i) by striking ‘‘198(a)(17)’’ and in14 serting ‘‘3’’.

15 (2) ASBESTOS.—Section 511 of the Education

16 for Economic Security Act (20 U.S.C. 4020) is

17 amended—

18 (A) in paragraph (4)(A), by striking

19 ‘‘198(a)(10)’’ and inserting ‘‘3’’; and

20 (B) in paragraph (5)(A), by striking

21 ‘‘198(a)(7)’’ and inserting ‘‘3’’.

22 (m) JAMES MADISON MEMORIAL FELLOWSHIP ACT.—

23 Section 815(4) of the James Madison Memorial Fellowship

24 Act (20 U.S.C. 4514(4)) is amended by striking ‘‘14101’’

25 and inserting ‘‘3’’.
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1 (n) NATIONAL ENVIRONMENTAL EDUCATION ACT.—

2 Section 3(5) of the National Environmental Education Act

3 (20 U.S.C. 5502(5)) is amended—

4 (1) by striking ‘‘14101’’ and inserting ‘‘3’’; and

5 (2) by striking ‘‘(20 U.S.C. 3381)’’.

6 (o) EDUCATION FLEXIBILITY PARTNERSHIP ACT OF

7 1999.—Section 3(1) of the Education Flexibility Partner8 ship Act of 1999 (20 U.S.C. 5891a(1)) is amended by strik9 ing ‘‘14101’’ and inserting ‘‘3’’.

10 (p) DISTRICT OF COLUMBIA COLLEGE ACCESS ACT OF

11 1999.—Section 3(c)(5) of the District of Columbia College

12 Access Act of 1999 (Public Law 106–98; 113 Stat. 1323)

13 is amended—

14 (1) by striking ‘‘14101’’ and inserting ‘‘3’’; and

15 (2) by striking ‘‘(20 U.S.C. 8801)’’.

16 (q) SCHOOL-TO-WORK OPPORTUNITIES ACT OF

17 1994.—

18 (1) WAIVERS.—Section 502(b) of the School-to19 Work Opportunities Act of 1994 (20 U.S.C. 6212(b))

20 is amended—

21 (A) in paragraph (4), by striking the semi22 colon and inserting ‘‘; and’’;

23 (B) by striking paragraph (5); and

24 (C) by redesignating paragraph (6) as

25 paragraph (5).
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1 (2) COMBINATION OF FUNDS.—Section

2 504(a)(2)(B)(i) of the School-to-Work Opportunities

3 Act of 1994 (20 U.S.C. 6214(a)(2)(B)(i)) is amended

4 by striking ‘‘paragraphs (2) through (6)’’ and insert5 ing ‘‘paragraphs (2) through (5)’’.

6 (r) NATIONAL EDUCATION STATISTICS ACT OF 1994.—

7 Paragraphs (4) and (6) of section 402(c) of the National

8 Education Statistics Act of 1994 (20 U.S.C. 9001(c)) are

9 amended by striking ‘‘14101’’ and inserting ‘‘3’’.

10 (s) ADULT EDUCATION AND FAMILY LITERACY ACT.—

11 Section 203(13) of the Adult Education and Family Lit12 eracy Act (20 U.S.C. 9202(13)) is amended—

13 (1) by striking ‘‘14101’’ and inserting ‘‘3’’; and

14 (2) by striking ‘‘(20 U.S.C. 8801)’’.

15 (t) INTERNAL REVENUE CODE OF 1986.—Section

16 1397E(d)(4)(B) of the Internal Revenue Code of 1986 is

17 amended by striking ‘‘14101’’ and inserting ‘‘3’’.

18 (u) REHABILITATION ACT OF 1973.—

19 (1) RESEARCH.—Section 202(b)(4)(A)(i) of the

20 Rehabilitation Act of 1973 (29 U.S.C.

21 762(b)(4)(A)(i)) is amended by striking ‘‘14101’’ and

22 inserting ‘‘3’’.

23 (2) NONDISCRIMINATION.—Section 504(b)(2)(B)

24 of the Rehabilitation Act of 1973 (29 U.S.C.
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1 794(b)(2)(B)) is amended by striking ‘‘14101’’ and

2 inserting ‘‘3’’.

3 (v) FAMILY AND MEDICAL LEAVE ACT OF 1993.—Sec4 tion 108(a)(1)(A) of the Family and Medical Leave Act of

5 1993 (29 U.S.C. 2618(a)(1)(A)) is amended—

6 (1) by striking ‘‘14101’’ and inserting ‘‘3’’; and

7 (2) by striking ‘‘(20 U.S.C. 2891(12))’’.

8 (w) WORKFORCE INVESTMENT ACT OF 1998.—Para9 graphs (23) and (40) of section 101 of the Workforce Invest10 ment Act of 1998 (29 U.S.C. 2801) are amended—

11 (1) by striking ‘‘14101’’ and inserting ‘‘3’’; and

12 (2) by striking ‘‘(20 U.S.C. 8801)’’.

13 (x) SAFE DRINKING WATER ACT.—Paragraphs (3)(A)

14 and (6) of section 1461 of the Safe Drinking Water Act

15 (42 U.S.C. 300j–21) are amended by striking ‘‘14101’’ and

16 inserting ‘‘3’’.

17 (y) CIVIL RIGHTS ACT OF 1964.—Section 606(2)(B)

18 of the Civil Rights Act of 1964 (42 U.S.C. 2000d–4a(2)(B))

19 is amended by striking ‘‘14101’’ and inserting ‘‘3’’.

20 (z) OLDER AMERICANS ACT OF 1965.—

21 (1) APPLICATION.—Section 338A(a)(1) of the

22 Older Americans Act of 1965 (42 U.S.C. 3030g–

23 12(a)(1)) is amended by striking ‘‘14101’’ and insert24 ing ‘‘3’’.
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1 (2) DEFINITION.—Section 363(5)(B) of the Older

2 Americans Act of 1965 (42 U.S.C. 3030o(5)(B)) is

3 amended by striking ‘‘14101’’ and inserting ‘‘3’’.

4 (aa) AGE DISCRIMINATION ACT OF 1975.—Section

5 309(4)(B)(ii) of the Age Discrimination Act of 1975 (42

6 U.S.C. 6107(4)(B)(ii)) is amended by striking ‘‘14101’’ and

7 inserting ‘‘3’’.

8 (bb) HAZARDOUS AND SOLID WASTE AMENDMENTS OF

9 1989.—Section 221(f)(3)(B)(i) of The Hazardous and Solid

10 Waste Amendments of 1984 (42 U.S.C. 6921 note) is

11 amended by striking ‘‘198(a)(7)’’ and inserting ‘‘3’’.

12 (cc) ALBERT EINSTEIN DISTINGUISHED EDUCATOR

13 FELLOWSHIP ACT OF 1994.—Paragraphs (1), (2), and (3)

14 of section 514 of the Albert Einstein Distinguished Educa15 tor Fellowship Act of 1994 (42 U.S.C. 7382b) are amended

16 by striking ‘‘14101’’ and inserting ‘‘3’’.

17 (dd) EARTHQUAKE HAZARDS.—Section 2(c)(1)(A) of

18 the Act entitled ‘‘An Act to authorize appropriations for

19 carrying out the Earthquake Hazards Reduction Act of

20 1977 for fiscal years 1998 and 1999, and for other pur21 poses’’, approved October 1, 1997 (42 U.S.C. 7704 note) is

22 amended—

23 (1) by striking ‘‘14101’’ and inserting ‘‘3’’; and

24 (2) by striking ‘‘(20 U.S.C. 8801)’’.
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1 (ee) STATE DEPENDENT CARE DEVELOPMENT GRANTS

2 ACT.—Paragraphs (6) and (11) of section 670G of the State

3 Dependent Care Development Grants Act (42 U.S.C. 9877)

4 are amended by striking ‘‘14101’’ and inserting ‘‘3’’.

5 (ff) COMMUNITY SERVICES BLOCK GRANT ACT.—Sec6 tion 682(b)(4) of the Community Services Block Grant Act

7 (42 U.S.C. 9923(b)(4)) is amended—

8 (1) by striking ‘‘14101’’ and inserting ‘‘3’’; and

9 (2) by striking ‘‘(20 U.S.C. 8801)’’.

10 (gg) NATIONAL AND COMMUNITY SERVICE ACT OF

11 1990.—Paragraphs (8), (14), (22), and (28) of section 101

12 of the National and Community Service Act of 1990 (42

13 U.S.C. 12511) are amended by striking ‘‘14101’’ and insert14 ing ‘‘3’’.

15 (hh) TELECOMMUNICATIONS ACT OF 1996.—Section

16 706(c)(2) of the Telecommunications Act of 1996 (47 U.S.C.

17 157 note) is amended—

18 (1) by striking ‘‘paragraphs (14) and (25), re19 spectively, of section 14101’’ and inserting ‘‘section

20 3’’; and

21 (2) by striking ‘‘(20 U.S.C. 8801)’’.

22 (ii) COMMUNICATIONS ACT OF 1934.—Section

23 254(h)(5)(A) of the Communications Act of 1934 (47 U.S.C.

24 254(h)(5)(A)) is amended—
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1 (1) by striking ‘‘paragraphs (14) and (25), re2 spectively, of section 14101’’ and inserting ‘‘section

3 3’’; and

4 (2) by striking ‘‘(20 U.S.C. 8801)’’.

5 (jj) TRANSPORTATION EQUITY ACT FOR THE 21ST

6 CENTURY.—Section 4024 of the Transportation Equity Act

7 for the 21st Century (49 U.S.C. 31136 note) is amended

8 by striking ‘‘14101’’ and inserting ‘‘3’’.

9 TITLE XI—AMENDMENTS TO

10 OTHER LAWS

11 PART A—REPEALS

12 SEC. 11101. GOALS 2000: EDUCATE AMERICA ACT.

13 The Goals 2000: Educate America Act (20 U.S.C. 5801

14 et seq.) is repealed.

15 SEC. 11102. HIGHER EDUCATION AMENDMENTS OF 1998.

16 Part B of title VIII of the Higher Education Amend17 ments of 1998 (20 U.S.C. 1070a–ll note) is repealed.

18 SEC. 11103. CONFORMING AMENDMENTS.

19 (a) SCHOOL-TO-WORK OPPORTUNITIES ACT OF

20 1994.—

21 (1) Section 3(a) of the School-to-Work Opportu22 nities Act of 1994 (20 U.S.C. 6102(a)) is amended—

23 (A) in paragraph (1)(B), by striking ‘‘the

24 Goals 2000: Educate America Act and’’; and
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1 (B) in paragraph (14), by striking ‘‘the Na2 tional Education Goals set forth in title I of the

3 Goals 2000: Educate America Act’’ and inserting

4 ‘‘America’s Education Goals’’.

5 (2) Section 4(3) of the School-to-Work Opportu6 nities Act of 1994 (20 U.S.C. 6103(3)) is amended—

7 (A) by inserting ‘‘and’’ after ‘‘section 213,’’;

8 and

9 (B) by striking ‘‘, and is consistent with the

10 State improvement plan for the State, if any,

11 under the Goals 2000: Educate America Act’’.

12 (3) Section 102(3) of the School-to-Work Oppor13 tunities Act of 1994 (20 U.S.C. 6112(3)) is amended

14 by striking ‘‘including, where applicable, standards

15 established under the Goals 2000: Educate America

16 Act,’’.

17 (4) Section 203 of the School-to-Work Opportuni18 ties Act of 1994 (20 U.S.C. 6123) is amended by

19 striking subsection (c).

20 (5) Section 204 of the School-to-Work Opportuni21 ties Act of 1994 (20 U.S.C. 6124) is repealed.

22 (6) Section 213 of the School-to-Work Opportuni23 ties Act of 1994 (20 U.S.C. 6143) is amended—

24 (A) by striking subsection (c); and

25 (B) in subsection (d)—
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1 (i) in paragraph (6)—

2 (I) by striking subparagraph (F);

3 and

4 (II) by redesignating subpara5 graphs (G) through (L) as subpara6 graphs (F) through (K), respectively;

7 and

8 (ii) in paragraph (8), by striking

9 ‘‘academic and skill standards established

10 pursuant to the Goals 2000: Educate Amer11 ica Act and the National Skill Standards

12 Act of 1994’’ and inserting ‘‘standards es13 tablished pursuant to the National Skill

14 Standards Act of 1994’’.

15 (7) Section 214(b)(3) of the School-to-Work Op16 portunities Act of 1994 (20 U.S.C. 6144(b)(3)) is

17 amended—

18 (A) in subparagraph (B), by inserting

19 ‘‘and’’ after the semicolon;

20 (B) in subparagraph (C), by striking ‘‘;

21 and’’ and inserting a period; and

22 (C) by striking subparagraph (D).

23 (b) EDUCATION AMENDMENTS OF 1978.—Section 1121

24 of the Education Amendments of 1978 (25 U.S.C. 2001) is

25 amended—
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1 (1) in subsection (a)—

2 (A) in the first sentence, by striking ‘‘the

3 National Education Goals embodied in the Goals

4 2000: Educate America Act’’ and inserting

5 ‘‘America’s Education Goals’’; and

6 (B) by striking the second sentence; and

7 (2) in subsection (b), by striking ‘‘the Goals

8 2000: Educate America Act’’ and inserting ‘‘the Goals

9 2000: Educate America Act (as in effect on the date

10 of enactment of the Educational Opportunities Act)’’.

11 PART B—EDUCATION FOR HOMELESS CHILDREN

12 AND YOUTH

13 SEC. 11201. STATEMENT OF POLICY.

14 Section 721(3) of the Stewart B. McKinney Homeless

15 Assistance Act (42 U.S.C. 11431(3)) is amended by striking

16 ‘‘should not be’’ and inserting ‘‘is not’’.

17 SEC. 11202. GRANTS FOR STATE AND LOCAL ACTIVITIES.

18 Section 722 of such Act (42 U.S.C. 11432) is

19 amended—

20 (1) in subsection (c)—

21 (A) in paragraph (2)(A)—

22 (i) by inserting ‘‘and’’ after ‘‘Samoa,’’;

23 and

24 (ii) by striking ‘‘, and Palau’’ and all

25 that follows through ‘‘Palau)’’; and
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1 (B) in paragraph (3)—

2 (i) by inserting ‘‘or’’ after ‘‘Samoa,’’;

3 and

4 (ii) by striking ‘‘, or Palau’’;

5 (2) in subsection (e), by adding at the end the

6 following:

7 ‘‘(3) PROHIBITION ON SEGREGATING HOMELESS

8 STUDENTS.—In providing a free public education to

9 a homeless child or youth, no State receiving funds

10 under this subtitle shall segregate such child or youth,

11 either in a separate school, or in a separate program

12 within a school, based on such child or youth’s status

13 as homeless, except as provided in section

14 723(a)(2)(B)(ii).’’;

15 (3) by amending subsection (f) to read as follows:

16 ‘‘(f) FUNCTIONS OF THE OFFICE OF COORDINATOR.—

17 The Coordinator of Education of Homeless Children and

18 Youth established in each State shall—

19 ‘‘(1) gather reliable, valid, and comprehensive

20 information on the nature and extent of the problems

21 homeless children and youth have in gaining access to

22 public preschool programs and to public elementary

23 schools and secondary schools, the difficulties in iden24 tifying the special needs of such children and youth,

25 any progress made by the State educational agency
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1 and local educational agencies in the State in ad2 dressing such problems and difficulties, and the suc3 cess of the program under this subtitle in allowing

4 homeless children and youth to enroll in, attend, and

5 succeed in, school;

6 ‘‘(2) develop and carry out the State plan de7 scribed in subsection (g);

8 ‘‘(3) collect and transmit to the Secretary, at

9 such time and in such manner as the Secretary may

10 require, such information as the Secretary deems nec11 essary to assess the educational needs of homeless chil12 dren and youth within the State;

13 ‘‘(4) facilitate coordination between the State

14 educational agency, the State social services agency,

15 and other agencies providing services to homeless chil16 dren and youth, including homeless children and

17 youth who are preschool age, and families of such

18 children and youth; and

19 ‘‘(5) in order to improve the provision of com20 prehensive education and related services to homeless

21 children and youth and their families, coordinate and

22 collaborate with—

23 ‘‘(A) educators, including child development

24 and preschool program personnel;
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1 ‘‘(B) providers of services to homeless and

2 runaway children and youth and homeless fami3 lies (including domestic violence agencies, shelter

4 operators, transitional housing facilities, run5 away and homeless youth centers, and transi6 tional living programs for homeless youth);

7 ‘‘(C) local educational agency liaisons for

8 homeless children and youth; and

9 ‘‘(D) community organizations and groups

10 representing homeless children and youth and

11 their families.’’; and

12 (4) in subsection (g)—

13 (A) in paragraph (1)—

14 (i) in subparagraph (E)—

15 (I) by striking ‘‘the report’’ and

16 inserting ‘‘the information’’; and

17 (II) by striking ‘‘(f)(4)’’ and in18 serting ‘‘(f)(3)’’; and

19 (ii) by amending subparagraph (H) to

20 read as follows:

21 ‘‘(H) contain assurances that—

22 ‘‘(i) the State educational agency and

23 local educational agencies in the State will

24 adopt policies and practices to ensure that

25 homeless children and youth are not seg-
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1 regated on the basis of their status as home2 less or stigmatized; and

3 ‘‘(ii) local educational agencies serving

4 school districts in which homeless children

5 and youth reside or attend school will—

6 ‘‘(I) post public notice of the edu7 cational rights of such children and

8 youth where such children and youth

9 receive services under this Act (such as

10 family shelters and soup kitchens); and

11 ‘‘(II) designate an appropriate

12 staff person, who may also be a coordi13 nator for other Federal programs, as a

14 liaison for homeless children and

15 youth.’’;

16 (B) by amending paragraph (3) to read as

17 follows:

18 ‘‘(3) LOCAL EDUCATIONAL AGENCY REQUIRE19 MENTS.—

20 ‘‘(A) IN GENERAL.—Each local educational

21 agency serving a homeless child or youth assisted

22 under this subtitle shall, according to the child’s

23 or youth’s best interest—

24 ‘‘(i) continue the child’s or youth’s edu25 cation in the school of origin—
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1 ‘‘(I) for the duration of their

2 homelessness;

3 ‘‘(II) if the child becomes perma4 nently housed, for the remainder of the

5 academic year; or

6 ‘‘(III) in any case in which a

7 family becomes homeless between aca8 demic years, for the following academic

9 year; or

10 ‘‘(ii) enroll the child or youth in any

11 school that nonhomeless students who live in

12 the attendance area in which the child or

13 youth is actually living are eligible to at14 tend.

15 ‘‘(B) BEST INTEREST.—In determining the

16 best interest of the child or youth under subpara17 graph (A), the local educational agency shall—

18 ‘‘(i) to the extent feasible, keep a home19 less child or youth in the school of origin,

20 except when doing so is contrary to the

21 wishes of the child’s or youth’s parent or

22 guardian; and

23 ‘‘(ii) provide a written explanation to

24 the homeless child’s or youth’s parent or

25 guardian when the local educational agency
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1 sends such child or youth to a school other

2 than the school of origin or a school re3 quested by the parent or guardian.

4 ‘‘(C) ENROLLMENT.—

5 ‘‘(i) IN GENERAL.—The school selected

6 in accordance with this paragraph shall im7 mediately enroll the homeless child or youth

8 even if the child or youth is unable to

9 produce records normally required for en10 rollment, such as previous academic records,

11 medical records, proof of residency, or other

12 documentation.

13 ‘‘(ii) SPECIAL RULE.—The enrolling

14 school immediately shall contact the school

15 last attended by the child or youth to obtain

16 relevant academic and other records. If the

17 child or youth needs to obtain immuniza18 tions, the enrolling school shall promptly

19 refer the child or youth to the appropriate

20 authorities for such immunizations.

21 ‘‘(D) DEFINITION OF SCHOOL OF ORIGIN.—

22 For purposes of this paragraph, the term ‘school

23 of origin’ means the school that the child or

24 youth attended when permanently housed, or the
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1 school in which the child or youth was last en2 rolled.

3 ‘‘(E) PLACEMENT CHOICE.—The choice re4 garding placement shall be made regardless of

5 whether the child or youth lives with the home6 less parents or has been temporarily placed else7 where by the parents.’’;

8 (C) by amending paragraph (6) to read as

9 follows:

10 ‘‘(6) COORDINATION.—

11 ‘‘(A) IN GENERAL.—Each local educational

12 agency serving homeless children and youth that

13 receives assistance under this subtitle shall co14 ordinate the provision of services under this sub15 title with local services agencies and other agen16 cies or programs providing services to homeless

17 children and youth and their families, including

18 services and programs funded under the Run19 away and Homeless Youth Act (42 U.S.C. 5701

20 et seq.).

21 ‘‘(B) HOUSING ASSISTANCE.—If applicable,

22 each State and local educational agency that re23 ceives assistance under this subtitle shall coordi24 nate with State and local housing agencies re25 sponsible for developing the comprehensive hous-
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1 ing affordability strategy described in section

2 105 of the Cranston-Gonzales National Afford3 able Housing Act (42 U.S.C. 12705) to minimize

4 educational disruption for children and youth

5 who become homeless.

6 ‘‘(C) COORDINATION PURPOSE.—The coordi7 nation required under subparagraphs (A) and

8 (B) shall be designed to—

9 ‘‘(i) ensure that homeless children and

10 youth have access to available education

11 and related support services; and

12 ‘‘(ii) raise the awareness of school per13 sonnel and service providers of the effects of

14 short-term stays in shelters and other chal15 lenges associated with homeless children and

16 youth.’’;

17 (D) by amending paragraph (7) to read as

18 follows:

19 ‘‘(7) LIAISON.—

20 ‘‘(A) IN GENERAL.—Each local liaison for

21 homeless children and youth designated pursuant

22 to paragraph (1)(H)(ii)(II) shall ensure that—

23 ‘‘(i) homeless children and youth en24 roll, and have a full and equal opportunity
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1 to succeed, in the schools of the local edu2 cational agency;

3 ‘‘(ii) homeless families, children, and

4 youth receive educational services for which

5 such families, children, and youth are eligi6 ble, including Head Start and Even Start

7 programs and preschool programs adminis8 tered by the local educational agency, and

9 referrals to health care services, dental serv10 ices, mental health services, and other ap11 propriate services;

12 ‘‘(iii) the parents or guardians of

13 homeless children and youth are informed of

14 the education and related opportunities

15 available to their children and are provided

16 with meaningful opportunities to partici17 pate in the education of their children; and

18 ‘‘(iv) public notice of the educational

19 rights of homeless children and youth is

20 posted where such children and youth re21 ceive services under this Act (such as family

22 shelters and soup kitchens).

23 ‘‘(B) INFORMATION.—State coordinators in

24 States receiving assistance under this subtitle

25 and local educational agencies receiving assist-
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1 ance under this subtitle shall inform school per2 sonnel, service providers, and advocates working

3 with homeless families of the duties of the liai4 sons for homeless children and youth.

5 ‘‘(C) LOCAL AND STATE COORDINATION.—

6 Liaisons for homeless children and youth shall,

7 as a part of their duties, coordinate and collabo8 rate with State coordinators and community

9 and school personnel responsible for the provision

10 of education and related services to homeless chil11 dren and youth.

12 ‘‘(D) DISPUTE RESOLUTION.—Unless an13 other individual is designated by State law, the

14 local liaison for homeless children and youth

15 shall provide resource information and assist in

16 resolving a dispute under this subtitle if such a

17 dispute arises.’’; and

18 (E) by striking paragraph (9).

19 SEC. 11203. LOCAL EDUCATIONAL AGENCY GRANTS.

20 Section 723 of such Act (42 U.S.C. 11433) is

21 amended—

22 (1) in subsection (a), by amending paragraph

23 (2) to read as follows:

24 ‘‘(2) SERVICES.—
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1 ‘‘(A) IN GENERAL.—Services provided

2 under paragraph (1)—

3 ‘‘(i) may be provided through pro4 grams on school grounds or at other facili5 ties;

6 ‘‘(ii) shall, to the maximum extent

7 practicable, be provided through existing

8 programs and mechanisms that integrate

9 homeless individuals with nonhomeless indi10 viduals; and

11 ‘‘(iii) shall be designed to expand or

12 improve services provided as part of a

13 school’s regular academic program, but not

14 replace that program.

15 ‘‘(B) SERVICES ON SCHOOL GROUNDS.—If

16 services under paragraph (1) are provided on

17 school grounds, schools—

18 ‘‘(i) may use funds under this subtitle

19 to provide the same services to other chil20 dren and youth who are determined by the

21 local educational agency to be at risk of

22 failing in, or dropping out of, schools, sub23 ject to clause (ii); and

24 ‘‘(ii) shall not provide services in set25 tings within a school that segregates home-
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1 less children and youth from other children

2 and youth, except as is necessary for short

3 periods of time—

4 ‘‘(I) for health and safety emer5 gencies; or

6 ‘‘(II) to provide temporary, spe7 cial, supplementary services to meet

8 the unique needs of homeless children

9 and youth.’’;

10 (2) in subsection (b)—

11 (A) by redesignating paragraphs (1)

12 through (4) as paragraphs (2) through (5), re13 spectively;

14 (B) by inserting before paragraph (2) (as so

15 redesignated) the following:

16 ‘‘(1) an assessment of the educational and related

17 needs of homeless children and youth in the school

18 district (which may be undertaken as a part of needs

19 assessments for other disadvantaged groups);’’; and

20 (C) in paragraph (4) (as so redesignated),

21 by striking ‘‘(9)’’ and inserting ‘‘(8)’’; and

22 (3) in subsection (c)—

23 (A) by amending paragraph (1) to read as

24 follows:
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1 ‘‘(1) IN GENERAL.—The State educational agen2 cy, in accordance with the requirements of this sub3 title and from amounts made available to the State

4 educational agency under section 726, shall award

5 grants, on a competitive basis, to local educational

6 agencies that submit applications under subsection

7 (b). Such grants shall be awarded on the basis of the

8 need of such agencies for assistance under this subtitle

9 and the quality of the applications submitted.’’;

10 (B) by redesignating paragraph (3) as

11 paragraph (4); and

12 (C) by inserting after paragraph (2) the fol13 lowing:

14 ‘‘(3) QUALITY.—In determining the quality of

15 applications under paragraph (1), the State edu16 cational agency shall consider—

17 ‘‘(A) the local educational agency’s needs

18 assessment under subsection (b)(1) and the likeli19 hood that the program to be assisted will meet

20 the needs;

21 ‘‘(B) the types, intensity, and coordination

22 of services to be assisted under the program;

23 ‘‘(C) the involvement of parents or guard24 ians;
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1 ‘‘(D) the extent to which homeless children

2 and youth will be integrated within the regular

3 education program;

4 ‘‘(E) the quality of the local educational

5 agency’s evaluation plan for the program;

6 ‘‘(F) the extent to which services provided

7 under this subtitle will be coordinated with other

8 available services;

9 ‘‘(G) the extent to which the local edu10 cational agency provides case management or re11 lated services to homeless children and youth who

12 are unaccompanied by a parent or guardian;

13 and

14 ‘‘(H) such other measures as the State edu15 cational agency determines indicative of a high16 quality program.’’.

17 SEC. 11204. SECRETARIAL RESPONSIBILITIES.

18 Section 724 (42 U.S.C. 11434) is amended—

19 (1) in subsection (a), by striking ‘‘the State edu20 cational’’ and inserting ‘‘State educational’’;

21 (2) by striking subsection (f);

22 (3) by redesignating subsections (c) through (e)

23 as subsections (d) through (f), respectively;

24 (4) by inserting after subsection (b) the fol25 lowing:
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1 ‘‘(c) GUIDELINES.—The Secretary shall develop, issue,

2 and publish in the Federal Register, not later than 60 days

3 after the date of enactment of the Educational Opportuni4 ties Act, school enrollment guidelines for States with respect

5 to homeless children and youth. The guidelines shall

6 describe—

7 ‘‘(1) successful ways in which a State may assist

8 local educational agencies to enroll immediately

9 homeless children and youth in school; and

10 ‘‘(2) how a State can review the State’s require11 ments regarding immunization and medical or school

12 records and make revisions to the requirements as are

13 appropriate and necessary in order to enroll homeless

14 children and youth in school more quickly.’’; and

15 (5) by adding at the end the following:

16 ‘‘(g) INFORMATION.—

17 ‘‘(1) IN GENERAL.—From funds appropriated

18 under section 726, the Secretary, directly or through

19 grants, contracts, or cooperative agreements, shall pe20 riodically collect and disseminate data and informa21 tion regarding—

22 ‘‘(A) the number and location of homeless

23 children and youth;

24 ‘‘(B) the education and related services

25 homeless children and youth receive;
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1 ‘‘(C) the extent to which the needs of home2 less children and youth are met; and

3 ‘‘(D) such other data and information as

4 the Secretary determines necessary and relevant

5 to carry out this subtitle.

6 ‘‘(2) COORDINATION.—The Secretary shall co7 ordinate such collection and dissemination with other

8 agencies and entities that receive assistance and ad9 minister programs under this subtitle.

10 ‘‘(h) REPORT.—Not later than 4 years after the date

11 of enactment of the Educational Opportunities Act, the Sec12 retary shall prepare and submit to the President and the

13 appropriate committees of the House of Representatives and

14 the Senate a report on the status of the education of home15 less children and youth, which shall include information

16 regarding—

17 ‘‘(1) the education of homeless children and

18 youth; and

19 ‘‘(2) the actions of the Department of Education

20 and the effectiveness of the programs supported under

21 this subtitle.’’.

22 SEC. 11205. DEFINITIONS.

23 Section 725 of such Act (42 U.S.C. 11434a) is

24 amended—
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1 (1) by redesignating paragraphs (1) and (2) as

2 paragraphs (2) and (3), respectively; and

3 (2) by inserting before paragraph (2) (as so re4 designated) the following:

5 ‘‘(1) the terms ‘local educational agency’ and

6 ‘State educational agency’ have the meanings given

7 the terms in section 2 of the Elementary and Sec8 ondary Education Act of 1965;’’.

9 SEC. 11206. AUTHORIZATION OF APPROPRIATIONS.

10 Section 726 (42 U.S.C. 11435) is amended to read as

11 follows:

12 ‘‘SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

13 ‘‘For the purpose of carrying out this subtitle, there

14 are authorized to be appropriated $40,000,000 for fiscal

15 year 2001 and such sums as may be necessary for each of

16 the 4 succeeding fiscal years.’’.

17 SEC. 11207. CONFORMING AMENDMENTS.

18 (a) GRANTS FOR STATE AND LOCAL ACTIVITIES.—Sec19 tion 722 of the Stewart B. McKinney Homeless Assistance

20 Act (42 U.S.C. 11432) is amended—

21 (1) in subsection (c)(1), by striking ‘‘section

22 724(c)’’ and inserting ‘‘section 724(d)’’; and

23 (2) in subsection (g)(2), by striking ‘‘paragraphs

24 (3) through (9)’’ and inserting ‘‘paragraphs (3)

25 through (8)’’.
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1 (b) LOCAL EDUCATIONAL AGENCY GRANTS.—Section

2 723(b)(3) of such Act (42 U.S.C. 11433(b)(3)) is amended

3 by striking ‘‘paragraphs (3) through (9) of section 722(g)’’

4 and inserting ‘‘paragraphs (3) through (8) of section

5 722(g)’’.

6 (c) SECRETARIAL RESPONSIBILITIES.—Section 724(f)

7 of such Act (as amended by section 11204(3)) is amended

8 by striking ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’.

9 PART C—ALBERT EINSTEIN DISTINGUISHED

10 EDUCATORS

11 SEC. 11301. ALBERT EINSTEIN DISTINGUISHED EDUCATOR

12 ACT OF 1994.

13 Part A of title V of the Improving America’s Schools

14 Act of 1994 (42 U.S.C. 7382 et seq.) is amended to read

15 as follows:

16 ‘‘PART A—ALBERT EINSTEIN DISTINGUISHED

17 EDUCATOR FELLOWSHIP ACT

18 ‘‘SEC. 511. SHORT TITLE.

19 ‘‘This part may be cited as the ‘Albert Einstein Distin20 guished Educator Fellowship Act of 1994’.

21 ‘‘SEC. 512. PURPOSE; DESIGNATION.

22 ‘‘(a) PURPOSE.—The purpose of this part is to estab23 lish within the Department of Energy a national fellowship

24 program for elementary and secondary school mathematics

25 and science teachers.
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1 ‘‘(b) DESIGNATION.—A recipient of a fellowship under

2 this part shall be known as an ‘Albert Einstein Fellow’.

3 ‘‘SEC. 513. DEFINITIONS.

4 ‘‘As used in this part—

5 ‘‘(1) the term ‘elementary school’ has the mean6 ing provided by section 3 of the Elementary and Sec7 ondary Education Act of 1965;

8 ‘‘(2) the term ‘local educational agency’ has the

9 meaning provided by section 3 of the Elementary and

10 Secondary Education Act of 1965;

11 ‘‘(3) the term ‘secondary school’ has the meaning

12 provided by section 3 of the Elementary and Sec13 ondary Education Act of 1965; and

14 ‘‘(4) the term ‘Secretary’ means the Secretary of

15 Energy.

16 ‘‘SEC. 514. FELLOWSHIP PROGRAM.

17 ‘‘(a) IN GENERAL.—

18 ‘‘(1) ESTABLISHMENT.—The Secretary shall es19 tablish the Albert Einstein Distinguished Educator

20 Fellowship Program (hereafter in this part referred to

21 as the ‘Program’) to provide 12 elementary or sec22 ondary school mathematics or science teachers with

23 fellowships in each fiscal year in accordance with this

24 part.
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1 ‘‘(2) ORDER OF PRIORITY.—The Secretary may

2 reduce the number of fellowships awarded under this

3 part for any fiscal year in which the amount appro4 priated for the Program is insufficient to support 12

5 fellowships. If the number of fellowships awarded

6 under this part is reduced for any fiscal year, then

7 the Secretary shall award fellowships based on the fol8 lowing order of priority:

9 ‘‘(A) Two fellowships in the Department of

10 Energy.

11 ‘‘(B) Two fellowships in the Senate.

12 ‘‘(C) Two fellowships in the House of Rep13 resentatives.

14 ‘‘(D) One fellowship in each of the following

15 entities:

16 ‘‘(i) The Department of Education.

17 ‘‘(ii) The National Institutes of Health.

18 ‘‘(iii) The National Science Founda19 tion.

20 ‘‘(iv) The National Aeronautics and

21 Space Administration.

22 ‘‘(v) The Office of Science and Tech23 nology Policy.

24 ‘‘(3) TERMS OF FELLOWSHIPS.—Each fellowship

25 awarded under this part shall be awarded for a pe-
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1 riod of 10 months that, to the extent practicable, coin2 cide with the academic year.

3 ‘‘(4) ELIGIBILITY.—To be eligible for a fellow4 ship under this part, an elementary or secondary

5 school mathematics or science teacher shall

6 demonstrate—

7 ‘‘(A) that such teacher will bring unique

8 and valuable contributions to the Program;

9 ‘‘(B) that such teacher is recognized for ex10 cellence in mathematics or science education;

11 and

12 ‘‘(C)(i) a sabbatical leave from teaching will

13 be granted in order to participate in the Pro14 gram; or

15 ‘‘(ii) the teacher will return to a teaching

16 position comparable to the position held prior to

17 participating in the Program.

18 ‘‘(b) ADMINISTRATION.—The Secretary shall—

19 ‘‘(1) provide for the development and adminis20 tration of an application and selection process for fel21 lowships under the Program, including a process

22 whereby final selections of fellowship recipients are

23 made in accordance with subsection (c);

24 ‘‘(2) provide for the publication of information

25 on the Program in appropriate professional publica-
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1 tions, including an invitation for applications from

2 teachers listed in the directories of national and State

3 recognition programs;

4 ‘‘(3) select from the pool of applicants 12 elemen5 tary and secondary school mathematics teachers and

6 12 elementary and secondary school science teachers;

7 ‘‘(4) develop a program of orientation for fellow8 ship recipients under this part; and

9 ‘‘(5) not later than August 31 of each year in

10 which fellowships are awarded, prepare and submit

11 an annual report and evaluation of the Program to

12 the appropriate Committees of the Senate and the

13 House of Representatives.

14 ‘‘(c) SELECTION.—

15 ‘‘(1) IN GENERAL.—The Secretary shall arrange

16 for the 24 semifinalists to travel to Washington, D.C.,

17 to participate in interviews in accordance with the

18 selection process described in paragraph (2).

19 ‘‘(2) FINAL SELECTION.—(A) Not later than May

20 1 of each year preceding each year in which fellow21 ships are to be awarded, the Secretary shall select and

22 announce the names of the fellowship recipients.

23 ‘‘(B) The Secretary shall provide for the develop24 ment and administration of a process to select fellow-
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1 ship recipients from the pool of semifinalists as fol2 lows:

3 ‘‘(i) The Secretary shall select three fellow4 ship recipients who shall be assigned to the De5 partment of Energy.

6 ‘‘(ii) The Majority Leader of the Senate and

7 the Minority Leader of the Senate, or their des8 ignees, shall each select a fellowship recipient

9 who shall be assigned to the Senate.

10 ‘‘(iii) The Speaker of the House of Rep11 resentatives and the Minority Leader of the

12 House of Representatives, or their designees,

13 shall each select a fellowship recipient who shall

14 be assigned to the House of Representatives.

15 ‘‘(iv) Each of the following individuals, or

16 their designees, shall select one fellowship recipi17 ent who shall be assigned within the department,

18 office, agency, or institute such individual ad19 ministers:

20 ‘‘(I) The Secretary of Education.

21 ‘‘(II) The Director of the National In22 stitutes of Health.

23 ‘‘(III) The Director of the National

24 Science Foundation.
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1 ‘‘(IV) The Administrator of the Na2 tional Aeronautics and Space Administra3 tion.

4 ‘‘(V) The Director of the Office of

5 Science and Technology Policy.

6 ‘‘SEC. 515. FELLOWSHIP AWARDS.

7 ‘‘(a) FELLOWSHIP RECIPIENT COMPENSATION.—Each

8 recipient of a fellowship under this part shall be paid dur9 ing the fellowship period at a rate of pay that shall not

10 exceed the minimum annual rate payable for a position

11 under GS–13 of the General Schedule.

12 ‘‘(b) LOCAL EDUCATIONAL AGENCY.—The Secretary

13 shall seek to ensure that no local educational agency penal14 izes a teacher who elects to participate in the Program.

15 ‘‘SEC. 516. AUTHORIZATION OF APPROPRIATIONS.

16 ‘‘There are authorized to be appropriated for the Pro17 gram $700,000 for fiscal year 2001, and such sums as may

18 be necessary for each of the 4 succeeding fiscal years.’’.