```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2 Reported in Senate (RS)]

                                                       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

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Educational Opportunities 
Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds as follows:</DELETED>
        <DELETED>    (1) Returning control to parents.--Parents have 
        the primary responsibility for their children's education. 
        Parents are the first and best educators of their children. 
        Congress supports proposals which provide parents greater 
        control to choose new and unique opportunities to meet the 
        educational need of their children.</DELETED>
        <DELETED>    (2) Supporting exceptional teachers.--Every child 
        should have an exceptional teacher in the classroom. Congress 
        supports rewarding teachers for their successful efforts. 
        Congress also believes in schools being more accountable to 
        parents. Every parent deserves to know if their child is being 
        taught by a teacher who is highly qualified.</DELETED>
        <DELETED>    (3) Safer and more secure.--Quality instruction 
        and learning can only occur in a first class school that is 
        safe and orderly. No child can learn when schoolyards attract 
        random violence or classrooms are interrupted by disruptive 
        behavior. Congress supports proposals that give schools the 
        tools the schools need to protect teachers and students, remove 
        disruptive influences, and create a positive learning 
        atmosphere.</DELETED>
        <DELETED>    (4) Dollars to the classroom.--Congress rejects a 
        one-size-fits-all approach to education. America's rural 
        schools often face challenges quite different than their urban 
        counterparts. Congress believes that students should be the 
        primary beneficiaries of educational spending. Congress 
        supports the goal of ensuring that the maximum amount of 
        Federal education dollars are spent directly in the classrooms. 
        State and local communities should have the freedom to tailor 
        their education plans and reforms according to the unique 
        educational needs of their children.</DELETED>
        <DELETED>    (5) Basic academics.--Success in education is best 
        achieved when instruction is focused on basic academics and 
        fundamental skills. Students should no longer be subjected to 
        untried and untested educational theories of instruction, 
        rather our Nation's education efforts should be geared to 
        proven methods of instruction.</DELETED>

<DELETED>SEC. 3. PURPOSE.</DELETED>

<DELETED>    The purpose of this Act is--</DELETED>
        <DELETED>    (1) to put our Nation's children first by creating 
        first class schools because nothing is more important to the 
        future of our Nation than the education of its 
        children;</DELETED>
        <DELETED>    (2) to give parents and local schools more control 
        over their schools;</DELETED>
        <DELETED>    (3) to make our Nation's schools safe and secure, 
        and return to an emphasis on basic academic and quality 
        instruction; and</DELETED>
        <DELETED>    (4) to support those exceptional teachers who make 
        a difference in the lives of our Nation's children.</DELETED>

<DELETED>SEC. 4. EXTENSION OF PROGRAMS AND ACTIVITIES.</DELETED>

<DELETED>    The authorization of appropriations for, and the duration 
of, each program or activity under the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.) is extended through 
fiscal year 2004.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Educational 
Opportunities Act''.
    (b) Table of Contents.--The table of contents for 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.
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.

              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.
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.

            Part C--Albert Einstein Distinguished Educators

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

SEC. 2. REFERENCES.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 et seq.).

SEC. 3. SHORT TITLE; PURPOSE; DEFINITIONS.

    The Act (20 U.S.C. 6301 et seq.) is amended--
            (1) in the heading for section 1, by striking ``table of 
        contents'' and inserting ``short title''; and
            (2) by adding after section 1 the following:

``SEC. 2. PURPOSE.

    ``It is the purpose of this Act to support programs and activities 
that will improve the Nation's schools and enable all children to 
achieve high standards.

``SEC. 3. DEFINITIONS.

    ``Except as otherwise provided, in this Act:
            ``(1) Average daily attendance.--
                    ``(A) In general.--Except as provided otherwise by 
                State law or this paragraph, the term `average daily 
                attendance' means--
                            ``(i) the aggregate number of days of 
                        attendance of all students during a school 
                        year; divided by
                            ``(ii) the number of days school is in 
                        session during such school year.
                    ``(B) Conversion.--The Secretary shall permit the 
                conversion of average daily membership (or other 
                similar data) to average daily attendance for local 
                educational agencies in States that provide State aid 
                to local educational agencies on the basis of average 
                daily membership or such other data.
                    ``(C) Special rule.--If the local educational 
                agency in which a child resides makes a tuition or 
                other payment for the free public education of the 
                child in a school located in another school district, 
                the Secretary shall, for purposes of this Act--
                            ``(i) consider the child to be in 
                        attendance at a school of the agency making 
                        such payment; and
                            ``(ii) not consider the child to be in 
                        attendance at a school of the agency receiving 
                        such payment.
                    ``(D) Children with disabilities.--If a local 
                educational agency makes a tuition payment to a private 
                school or to a public school of another local 
                educational agency for a child with a disability, as 
                defined in section 602 of the Individuals with 
                Disabilities Education Act, the Secretary shall, for 
                the purposes of this Act, consider such child to be in 
                attendance at a school of the agency making such 
                payment.
            ``(2) Average per-pupil expenditure.--The term `average 
        per-pupil expenditure' means, in the case of a State or of the 
        United States--
                    ``(A) without regard to the source of funds--
                            ``(i) the aggregate current expenditures, 
                        during the third fiscal year preceding the 
                        fiscal year for which the determination is made 
                        (or, if satisfactory data for that year are not 
                        available, during the most recent preceding 
                        fiscal year for which satisfactory data are 
                        available) of all local educational agencies in 
                        the State or, in the case of the United States 
                        for all States (which, for the purpose of this 
                        paragraph, means the 50 States and the District 
                        of Columbia); plus
                            ``(ii) any direct current expenditures by 
                        the State for the operation of such agencies; 
                        divided by
                    ``(B) the aggregate number of children in average 
                daily attendance to whom such agencies provided free 
                public education during such preceding year.
            ``(3) Child.--The term `child' means any person within the 
        age limits for which the State provides free public education.
            ``(4) Community-based organization.--The term `community-
        based organization' means a public or private nonprofit 
        organization of demonstrated effectiveness that--
                    ``(A) is representative of a community or 
                significant segments of a community; and
                    ``(B) provides educational or related services to 
                individuals in the community.
            ``(5) Consolidated local application.--The term 
        `consolidated local application' means an application submitted 
        by a local educational agency pursuant to section 6505.
            ``(6) Consolidated local plan.--The term `consolidated 
        local plan' means a plan submitted by a local educational 
        agency pursuant to section 6505.
            ``(7) Consolidated state application.--The term 
        `consolidated State application' means an application submitted 
        by a State educational agency pursuant to section 6502.
            ``(8) Consolidated state plan.--The term `consolidated 
        State plan' means a plan submitted by a State educational 
        agency pursuant to section 14302.
            ``(9) County.--The term `county' means one of the divisions 
        of a State used by the Secretary of Commerce in compiling and 
        reporting data regarding counties.
            ``(10) Covered program.--The term `covered program' means 
        each of the programs authorized by--
                    ``(A) part A of title I;
                    ``(B) part C of title I;
                    ``(C) title II (other than section 2103 and part 
                D);
                    ``(D) subpart 2 of part A of title V;
                    ``(E) part A of title IV (other than section 4114); 
                and
                    ``(F) title VI.
            ``(11) The term `current expenditures' means expenditures 
        for free public education--
                    ``(A) including expenditures for administration, 
                instruction, attendance and health services, pupil 
                transportation services, operation and maintenance of 
                plant, fixed charges, and net expenditures to cover 
                deficits for food services and student body activities; 
                but
                    ``(B) not including expenditures for community 
                services, capital outlay, and debt service, or any 
                expenditures made from funds received under title I and 
                title VI.
            ``(12) Department.--The term `Department' means the 
        Department of Education.
            ``(13) Educational service agency.--The term `educational 
        service agency' means a regional public multiservice agency 
        authorized by State statute to develop, manage, and provide 
        services or programs to local educational agencies.
            ``(14) Elementary school.--The term `elementary school' 
        means a nonprofit institutional day or residential school, 
        including a public elementary charter school, that provides 
        elementary education, as determined under State law.
            ``(15) Free public education.--The term `free public 
        education' means education that is provided--
                    ``(A) at public expense, under public supervision 
                and direction, and without tuition charge; and
                    ``(B) as elementary school or secondary school 
                education as determined under applicable State law, 
                except that such term does not include any education 
                provided beyond grade 12.
            ``(16) Gifted and talented.--The term `gifted and 
        talented', when used with respect to students, children or 
        youth, means students, children or youth who give evidence of 
        high performance capability in areas such as intellectual, 
        creative, artistic, or leadership capacity, or in specific 
        academic fields, and who require services or activities not 
        ordinarily provided by the school in order to fully develop 
        such capabilities.
            ``(17) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965.
            ``(18) Local educational agency.--
                    ``(A) In general.--The term `local educational 
                agency' means a public board of education or other 
                public authority legally constituted within a State for 
                either administrative control or direction of, or to 
                perform a service function for, public elementary 
                schools or secondary schools in a city, county, 
                township, school district, or other political 
                subdivision of a State, or for such combination of 
                school districts or counties as are recognized in a 
                State as an administrative agency for the State's 
                public elementary or secondary schools.
                    ``(B) Administrative control and direction.--The 
                term includes any other public institution or agency 
                having administrative control and direction of a public 
                elementary or secondary school.
                    ``(C) BIA schools.--The term includes an elementary 
                school or secondary school funded by the Bureau of 
                Indian Affairs but only to the extent that such 
                inclusion makes such school eligible for programs for 
                which specific eligibility is not provided to such 
                school in another provision of law and such school does 
                not have a student population that is smaller than the 
                student population of the local educational agency 
                receiving assistance under this Act with the smallest 
                student population, except that such school shall not 
                be subject to the jurisdiction of any State educational 
                agency other than the Bureau of Indian Affairs.
            ``(19) Mentoring.--The term `mentoring' means a program in 
        which an adult works with a child or youth on a 1-to-1 basis, 
        establishing a supportive relationship, providing academic 
        assistance, and introducing the child or youth to new 
        experiences that enhance the child or youth's ability to excel 
        in school and become a responsible citizen.
            ``(20) Other staff.--The term `other staff' means pupil 
        services personnel, librarians, career guidance and counseling 
        personnel, education aides, and other instructional and 
        administrative personnel.
            ``(21) Outlying area.--The term `outlying area' means the 
        United States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, and for the 
        purpose of section 1121 and any other discretionary grant 
        program under this Act, the Republic of the Marshall Islands, 
        the Federated States of Micronesia, and the Republic of Palau.
            ``(22) Parent.--The term `parent' includes a legal guardian 
        or other person standing in loco parentis.
            ``(23) Parental involvement.--The term `parental 
        involvement' means the participation of parents on all levels 
        of a school's operation, including all of the activities 
        described in section 1118.
            ``(24) Public telecommunications entity.--The term `public 
        telecommunication entity' has the same meaning given to such 
        term in section 397 of the Communications Act of 1934.
            ``(25) Pupil services personnel; pupil services.--
                    ``(A) Pupil services personnel.--The term `pupil 
                services personnel' means school counselors, school 
                social workers, school psychologists, and other 
                qualified professional personnel involved in providing 
                assessment, diagnosis, counseling, educational, 
                therapeutic, and other necessary services (including 
                related services as such term is defined in section 602 
                of the Individuals with Disabilities Education Act) as 
                part of a comprehensive program to meet student needs.
                    ``(B) Pupil services.--The term `pupil services' 
                means the services provided by pupil services 
                personnel.
            ``(26) Research-based.--The term `research-based' used with 
        respect to an activity or a program, means an activity based on 
        specific strategies and implementation of such strategies that, 
        based on theory, research and evaluation, are effective in 
        improving student achievement and performance and other program 
        objectives.
            ``(27) Secondary school.--The term `secondary school' means 
        a nonprofit institutional day or residential school, including 
        a public secondary charter school, that provides secondary 
        education, as determined under State law, except that such term 
        does not include any education beyond grade 12.
            ``(28) Secretary.--The term `Secretary' means the Secretary 
        of Education.
            ``(29) State.--The term `State' means each of the 50 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and each of the outlying areas.
            ``(30) State educational agency.--The term `State 
        educational agency' means the agency primarily responsible for 
        the State supervision of public elementary schools and 
        secondary schools.
            ``(31) Technology.--The term `technology' means the latest 
        state-of-the-art technology products and services, such as 
        closed circuit television systems, educational television or 
        radio programs and services, cable television, satellite, 
        copper fiber optic transmission, computer hardware and 
        software, video and audio laser and CD-ROM disks, video and 
        audio tapes, including interactive forms of such products and 
        services, or other technologies.''.

      TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS

SEC. 101. POLICY AND PURPOSE.

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

``SEC. 1001. STATEMENT OF PURPOSE.

    ``The purpose of this title is to enable schools to provide 
opportunities for children served under this title to acquire the 
knowledge and skills contained in the challenging State content 
standards and to meet the challenging State student performance 
standards developed for all children. This purpose should be 
accomplished by--
            ``(1) ensuring high standards for all children and aligning 
        the efforts of States, local educational agencies, and schools 
        to help children served under this title to reach such 
        standards;
            ``(2) providing children an enriched and accelerated 
        educational program, including the use of schoolwide programs 
        or additional services that increase the amount and quality of 
        instructional time so that children served under this title 
        receive at least the classroom instruction that other children 
        receive;
            ``(3) promoting schoolwide reform and ensuring access of 
        children (from the earliest grades, including prekindergarten) 
        to effective instructional strategies and challenging academic 
        content that includes intensive complex thinking and problem-
        solving experiences;
            ``(4) significantly elevating the quality of instruction by 
        providing staff in participating schools with substantial 
        opportunities for professional development;
            ``(5) coordinating services under all parts of this title 
        with each other, with other educational services, and to the 
        extent feasible, with other agencies providing services to 
        youth, children, and families that are funded from other 
        sources;
            ``(6) affording parents substantial and meaningful 
        opportunities to participate in the education of their children 
        at home and at school;
            ``(7) distributing resources in amounts sufficient to make 
        a difference to local educational agencies and schools where 
        needs are greatest;
            ``(8) improving and strengthening accountability, teaching, 
        and learning by using State assessment systems designed to 
        measure how well children served under this title are achieving 
        challenging State student performance standards expected of all 
        children; and
            ``(9) providing greater decisionmaking authority and 
        flexibility to schools and teachers in exchange for greater 
        responsibility for student performance.''.

SEC. 102. AUTHORIZATION OF APPROPRIATIONS.

    Section 1002 (20 U.S.C. 6302) is amended--
            (1) in subsection (a), by striking ``$7,400,000,000 for 
        fiscal year 1995'' and inserting ``$15,000,000,000 for fiscal 
        year 2001'';
            (2) in subsection (b), by striking ``$118,000,000 for 
        fiscal year 1995'' and inserting ``$500,000,000 for fiscal year 
        2001'';
            (3) in subsection (c), by striking ``$310,000,000 for 
        fiscal year 1995'' and inserting ``$400,000,000 for fiscal year 
        2001'';
            (4) by amending subsection (d) to read as follows:
    ``(d) Parental Assistance.--For the purpose of carrying out part D, 
there are authorized to be appropriated $50,000,000 for fiscal year 
2001 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.'';
            (5) by amending subsection (e) to read as follows:
    ``(e) Capital Expenses.--For the purpose of carrying out section 
1120(e), there are authorized to be appropriated $15,000,000 for fiscal 
year 2001, $15,000,000 for fiscal year 2002, and $5,000,000 for fiscal 
year 2003.'';
            (6) in subsection (f), by striking ``1996 and each of the 
        three'' and inserting ``2001 and each of the four'';
            (7) by amending subsection (g) to read as follows:
    ``(g) Federal Activities.--
            ``(1) Section 1501.--For the purpose of carrying out 
        section 1501, there are authorized to be appropriated 
        $10,000,000 for fiscal year 2001 and such sums as may be 
        necessary for each of the four succeeding fiscal years.
            ``(2) Section 1502.--For the purpose of carrying out 
        section 1502 there are authorized to be appropriated 
        $25,000,000 for fiscal year 2001 and such sums as may be 
        necessary for each of the four succeeding fiscal years.''; and
            (8) by adding at the end the following:
    ``(h) Comprehensive School Reform.--For the purpose of carrying out 
part F, there are authorized to be appropriated $200,000,000 for fiscal 
year 2001 and such sums as may be necessary for each of the four 
succeeding fiscal years.''.

SEC. 103. RESERVATION AND ALLOCATION FOR SCHOOL IMPROVEMENT.

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

``SEC. 1003. RESERVATIONS AND ALLOCATIONS FOR SCHOOL IMPROVEMENT.

    ``(a) Secretary's Reservation and Allocation for School Improvement 
From Amounts in Excess of $8,076,000,000.--
            ``(1) Reservation.--The Secretary shall reserve 50 percent 
        of the amount appropriated to carry out part A for fiscal year 
        2001 and each of the 4 succeeding fiscal years that is in 
        excess of $8,076,000,000 to make allotments to States under 
        paragraph (2).
            ``(2) Additional state allotments for assessment 
        development, school improvement, and academic achievement 
        awards.--
                    ``(A) Allotments.--The Secretary shall allot to 
                each State for a fiscal year an amount that bears the 
                same relation to the amount reserved under paragraph 
                (1) for the fiscal year as the amount all local 
                educational agencies in the State received under 
                section 1124 for the fiscal year bears to the amount 
                all local educational agencies in all States received 
                under section 1124 for the fiscal year, except that no 
                State shall receive less than 0.5 percent of the amount 
                reserved under paragraph (1) for the fiscal year.
                    ``(B) Use of funds.--Funds allotted under 
                subparagraph (A) shall be used by a State to carry out 
                section 1111(b)(3), subsections (c) and (d) of section 
                1116, and section 1117.
                    ``(C) Public notice and comment.--Each State using 
                funds allotted under this subsection shall--
                            ``(i) provide the public with adequate and 
                        efficient notice of the proposed uses of the 
                        funds;
                            ``(ii) provide the opportunity for parents, 
                        educators, and all other interested members of 
                        the community to comment regarding the proposed 
                        uses of funds; and
                            ``(iii) provide the opportunity described 
                        in clause (ii) in accordance with any 
                        applicable State law specifying how the 
                        comments may be received, and how the comments 
                        may be reviewed by any member of the public.
                    ``(D) Definition.--For purposes of this subsection, 
                the term `State' means each of the several States of 
                the United States, the District of Columbia, and the 
                Commonwealth of Puerto Rico.
    ``(b) State Reservation and Allocation for School Improvement.--
            ``(1) Payment for school improvement.--
                    ``(A) In general.--Except as provided in paragraph 
                (3), for fiscal year 2001 and each succeeding fiscal 
                year each State may reserve for the proper and 
                efficient performance of its duties under subsections 
                (c) and (d) of section 1116, and section 1117, one-half 
                of 1 percent of the funds made available to the State 
                under--
                            ``(i) part A, except that such reserved 
                        amount shall not exceed one-half of 1 percent 
                        of the funds made available to the State under 
                        part A for fiscal year 2000; and
                            ``(ii) part C of this title, and part B of 
                        title III, for the fiscal year for which the 
                        reservation is made.
                    ``(B) Minimum.--The total amount that may be 
                reserved by each State, other than the outlying areas, 
                under this subsection for any fiscal year, when added 
                to amounts appropriated for such fiscal year under 
                section 1002(f) that are allocated to the State under 
                paragraph (2), if any, may not be less than $200,000. 
                The total amount that may be reserved by each outlying 
                area under this subsection for any fiscal year, when 
                added to amounts appropriated for such fiscal year 
                under section 1002(f) that are allocated under 
                paragraph (2) to the outlying area, if any, may not be 
                less than $25,000.
                    ``(C) Special rule.--If the amount reserved under 
                subparagraph (A) when added to the amount made 
                available under section 1002(f) for a State is less 
                than $200,000 for any fiscal year, then such State may 
                reserve such additional funds under parts A and C of 
                this title, and part C of title III, as are necessary 
                to make $200,000 available to such State.
            ``(2) Additional State Allocations for School 
        Improvement.--From the amount appropriated under section 
        1002(f) for any fiscal year, each State shall be eligible to 
        receive an amount that bears the same ratio to the amount 
        appropriated as the amount allocated to the State under part A 
        (other than section 1120(e)) bears to the total amount 
        allocated to all States under part A (other than section 
        1120(e)).''.

                         PART A--BASIC PROGRAMS

SEC. 111. STATE PLANS.

    Section 1111 (20 U.S.C. 6311) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``the Goals 2000: Educate 
                        America Act,'' and inserting ``the Individuals 
                        with Disabilities Education Act, the Carl D. 
                        Perkins Vocational and Technical Education Act 
                        of 1998, the Head Start Act,''; and
                            (ii) by striking ``14306'' and inserting 
                        ``6506''; and
                    (B) in paragraph (2), by striking ``14302'' and 
                inserting ``6502'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by amending subparagraph (B) to read as 
                        follows:
                    ``(B) The standards described in subparagraph (A) 
                shall be the same standards that the State applies to 
                all schools and children in the State.''; and
                            (ii) by amending subparagraph (C) to read 
                        as follows:
                    ``(C) The State shall have the standards described 
                in subparagraph (A) for elementary school and secondary 
                school children served under this part in subjects 
                determined by the State that include at least 
                mathematics, and reading or language arts, and such 
                standards shall require the same knowledge, skills, and 
                levels of performance for all children.'';
                    (B) in paragraph (2), by amending subparagraph (B) 
                to read as follows:
                    ``(B) Adequate yearly progress shall be defined in 
                a manner--
                            ``(i) that is sufficient to achieve the 
                        goal of all children served under this part 
                        meeting the State's proficient and advanced 
                        levels of performance within 10 years;
                            ``(ii) that results in continuous and 
                        substantial academic improvement for all 
                        students, including economically disadvantaged 
                        and limited English proficient students, except 
                        that this clause shall not apply if the State 
                        demonstrates to the Secretary that the State 
                        has an insufficient number of economically 
                        disadvantaged or limited English proficient 
                        students;
                            ``(iii) that is based primarily on the 
                        standards described in paragraph (1) and the 
                        assessments aligned to State standards 
                        described in paragraph (3), and shall include 
                        specific State determined yearly progress 
                        requirements in subjects and grades included in 
                        the State assessments; and
                            ``(iv) that is linked to performance on the 
                        assessments carried out under this section 
                        while permitting progress to be established in 
                        part through other academic indicators, whether 
                        defined in the State plan or in a State-
                        approved local educational agency plan, such as 
                        dropout rates.'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (F)--
                                    (I) in clause (ii), by striking 
                                ``and'' after the semicolon;
                                    (II) in clause (iii), by inserting 
                                ``and'' after the semicolon; and
                                    (III) by adding at the end the 
                                following:
                            ``(iv) notwithstanding clause (iii), the 
                        assessment (using tests written in English) of 
                        reading or language arts of any student who has 
                        attended school in the United States (excluding 
                        the Commonwealth of Puerto Rico) for 3 or more 
                        consecutive years for the purpose of school 
                        accountability;''; and
                            (ii) by amending subparagraph (H) to read 
                        as follows:
                    ``(H) provide individual student interpretive and 
                descriptive reports, which shall include scores or 
                other information on the attainment of student 
                performance standards, such as measures of student 
                course work over time, student attendance rates, 
                student dropout rates, and student participation in 
                advanced level courses;''; and
                    (D) in paragraph (5) by striking ``through the 
                Office of Bilingual Education and Minority Languages 
                Affairs'' and inserting ``, but shall not mandate a 
                specific assessment or mode of instruction'';
            (3) in subsection (c)--
                    (A) in paragraph (1)(B)--
                            (i) by striking ``1119 and'' and inserting 
                        ``1119,''; and
                            (ii) by inserting ``, and parental 
                        involvement under section 1118'' after 
                        ``1117'';
                    (B) by redesignating paragraphs (5) and (6) as 
                paragraphs (8) and (9), respectively;
                    (C) by inserting after paragraph (4) the following:
            ``(5) the State educational agency will inform the 
        Secretary and the public regarding how Federal laws hinder, if 
        at all, the ability of States to hold local educational 
        agencies and schools accountable for student academic 
        performance;
            ``(6) the State educational agency will inform the 
        Secretary and the public regarding how the State educational 
        agency is reducing, if necessary, State fiscal, accounting, and 
        other barriers to local school and school district reform, 
        including barriers to implementing schoolwide programs;
            ``(7) the State educational agency will inform local 
        educational agencies of the local educational agencies' ability 
        to obtain waivers under part F of title VI and, if the State is 
        an Ed-Flex Partnership State, waivers under the Educational 
        Flexibility Partnership Act of 1999 (20 U.S.C. 5891a et 
        seq.);''; and
                    (D) by amending paragraph (9) (as so redesignated) 
                to read as follows:
            ``(9) the State will coordinate activities funded under 
        this part with other Federal activities as appropriate.'';
            (4) by redesignating subsections (d) through (g) as 
        subsections (e) through (h), respectively;
            (5) by inserting after subsection (c) the following:
    ``(d) Parental Involvement.--Each State plan shall demonstrate that 
the State will support, in collaboration with the regional educational 
laboratories, the collection and dissemination to local educational 
agencies and schools of effective parental involvement practices. Such 
practices shall--
            ``(1) be based on the most current research on effective 
        parental involvement that fosters achievement to high standards 
        for all children; and
            ``(2) be geared toward lowering barriers to greater 
        participation in school planning, review, and improvement 
        experienced by parents.'';
            (6) in subsection (e)(1)(B) (as so redesignated), by 
        inserting ``, and who are familiar with educational standards, 
        assessments, accountability, and other diverse educational 
        needs of students'' before the semicolon;
            (7) in subsection (h) (as so redesignated), by striking 
        ``1998'' and inserting ``2005''; and
            (8) by adding at the end the following:
    ``(i) Privacy.--Information collected under this section shall be 
collected and disseminated in a manner that protects the privacy of 
individuals.

SEC. 112. LOCAL EDUCATIONAL AGENCY PLANS.

    Section 1112 (20 U.S.C. 6312) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``the Goals'' and 
                all that follows through ``section 14306'' and 
                inserting ``the Individuals with Disabilities Education 
                Act, the Carl D. Perkins Vocational and Technical 
                Education Act of 1998, the Head Start Act, and other 
                Acts, as appropriate''; and
                    (B) in paragraph (2), by striking ``14304'' and 
                inserting ``6504'';
            (2) in subsection (b)--
                    (A) in paragraph (3), by inserting ``, which 
                strategy shall be coordinated with activities under 
                title II if the local educational agency receives funds 
                under title II'' before the semicolon;
                    (B) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``programs, 
                                vocational'' and inserting ``programs 
                                and vocational''; and
                                    (II) by striking ``, and school-to-
                                work transition programs''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``served under part 
                                C'' and all that follows through 
                                ``1994''; and
                                    (II) by striking ``served under 
                                part D''; and
                    (C) by amending paragraph (9) to read as follows:
            ``(9) where appropriate, a description of how the local 
        educational agency will use funds under this part to support 
        early childhood education programs under section 1120B.'';
            (3) by amending subsection (c) to read as follows:
    ``(c) Assurances.--Each local educational agency plan shall provide 
assurances that the local educational agency will--
            ``(1) inform eligible schools and parents of schoolwide 
        project authority;
            ``(2) provide technical assistance and support to 
        schoolwide programs;
            ``(3) work in consultation with schools as the schools 
        develop the schools' plans pursuant to section 1114 and assist 
        schools as the schools implement such plans or undertake 
        activities pursuant to section 1115 so that each school can 
        make adequate yearly progress toward meeting the State content 
        standards and State student performance standards;
            ``(4) fulfill such agency's school improvement 
        responsibilities under section 1116, including taking 
        corrective actions under section 1116(c)(5);
            ``(5) work in consultation with schools as the schools 
        develop and implement their plans or activities under sections 
        1118 and 1119;
            ``(6) coordinate and collaborate, to the extent feasible 
        and necessary as determined by the local educational agency, 
        with other agencies providing services to children, youth, and 
        families, including health and social services;
            ``(7) provide services to eligible children attending 
        private elementary and secondary schools in accordance with 
        section 1120, and timely and meaningful consultation with 
        private school officials regarding such services;
            ``(8) take into account the experience of model programs 
        for the educationally disadvantaged, and the findings of 
        relevant research indicating that services may be most 
        effective if focused on students in the earliest grades at 
        schools that receive funds under this part;
            ``(9) comply with the requirements of section 1119 
        regarding professional development;
            ``(10) inform eligible schools of the local educational 
        agency's authority to obtain waivers on the school's behalf 
        under part F of title VI, and if the State is an Ed-Flex 
        Partnership State, waivers under the Education Flexibility 
        Partnership Act of 1999; and
            ``(11) coordinate and collaborate, to the extent feasible 
        and necessary as determined by the local educational agency, 
        with other agencies providing services to children, youth, and 
        families.''; and
            (4) in subsection (e)--
                    (A) in paragraph (1), by striking ``, except that'' 
                and all that follows through ``finally approved by the 
                State educational agency''; and
                    (B) in paragraph (3)--
                            (i) by striking ``professional 
                        development''; and
                            (ii) by striking ``section 1119'' and 
                        inserting ``sections 1118 and 1119''.

SEC. 113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

    Section 1113(b)(1) (20 U.S.C. 6313(b)(2)) is amended--
            (1) in subparagraph (B), by striking ``and'' after the 
        semicolon;
            (2) in subparagraph (C)(iii), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) designate and serve a school attendance area 
                or school that is not an eligible school attendance 
                area under subsection (a)(2), but that was an eligible 
                school attendance area and was served in the fiscal 
                year preceding the fiscal year for which the 
                determination is made, but only for 1 additional fiscal 
                year.''.

SEC. 114. SCHOOLWIDE PROGRAMS.

    Section 1114 (20 U.S.C. 6314) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--A local educational agency may use funds 
        under this part, together with other Federal, State, and local 
        funds, to upgrade the entire educational program of a school 
        that serves an eligible school attendance area in which not 
        less than 40 percent of the children are from low-income 
        families, or not less than 40 percent of the children enrolled 
        in the school are from such families, for the initial year of 
        the schoolwide program.''; and
                    (B) in paragraph (4)--
                            (i) by amending the heading to read as 
                        follows: ``Exemption from statutory and 
                        regulatory requirements.--''; and
                            (ii) by adding at the end the following:
            ``(C) A school that chooses to use funds from such other 
        programs under this section shall not be required to maintain 
        separate fiscal accounting records, by program, that identify 
        the specific activities supported by those particular funds as 
        long as the school maintains records that demonstrate that the 
        schoolwide program, considered as a whole, addresses the intent 
        and purposes of each of the programs that were consolidated to 
        support the schoolwide program.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B)(vii), by striking 
                        ``, if any, approved under title III of the 
                        Goals 2000: Educate America Act''; and
                            (ii) in subparagraph (E), by striking ``, 
                        such as family literacy services'' and 
                        inserting ``(including activities described in 
                        section 1118), such as family literacy 
                        services, in-school volunteer opportunities, or 
                        parent membership on school-based leadership or 
                        management teams.''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``Improving America's 
                                Schools Act of 1994'' and inserting 
                                ``Educational Opportunities Act''; and
                                    (II) in clause (iv), by inserting 
                                ``in a language the family can 
                                understand'' after ``results''; and
                            (ii) in subparagraph (C)--
                                    (I) in clause (i)(II), by striking 
                                ``Improving America's Schools Act of 
                                1994'' and inserting ''Educational 
                                Opportunities Act''; and
                                    (II) in clause (v), by striking 
                                ``the School-to-Work Opportunities Act 
                                of 1994'' and inserting ``part C of 
                                title II''.

SEC. 115. TARGETED ASSISTANCE SCHOOLS.

    Section 1115 (20 U.S.C. 6315) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A)(ii), by striking ``, yet'' 
                and all that follows through ``setting''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), insert ``or in 
                        early childhood education services under this 
                        title,'' after ``program,''; and
                            (ii) in subparagraph (C)(i), by striking 
                        ``under part D (or its predecessor 
                        authority)''; and
            (2) in subsection (c)(1)--
                    (A) by amending subparagraph (G) to read as 
                follows:
                    ``(G) provide opportunities for professional 
                development with resources provided under this part, 
                and to the extent practicable, from other sources, for 
                teachers, principals, administrators, 
                paraprofessionals, pupil services personnel, and 
                parents, who work with participating children in 
                programs under this section or in the regular education 
                program; and''; and
                    (B) in subparagraph (H), by striking ``, such as 
                family literacy services'' and inserting ``(including 
                activities described in section 1118), such as family 
                literacy services, in-school volunteer opportunities, 
                or parent membership on school-based leadership or 
                management teams.''.

SEC. 116. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

    Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended 
by inserting after section 1115A (20 U.S.C. 6316) the following:

``SEC. 1115B. PUPIL SAFETY AND FAMILY SCHOOL CHOICE.

    ``(a) In General.--If a student is eligible to be served under 
section 1115(b), or attends a school eligible for a schoolwide program 
under section 1114, and--
            ``(1) becomes a victim of a violent criminal offense while 
        in or on the grounds of a public elementary school or secondary 
        school that the student attends and that receives assistance 
        under this part, then the local educational agency shall allow 
        such student to transfer to another public school or public 
        charter school in the same State as the school where the 
        criminal offense occurred, that is selected by the student's 
        parent unless allowing such transfer is prohibited--
                    ``(A) under the provisions of a State or local law; 
                or
                    ``(B) by a local educational agency policy that is 
                approved by a local school board; or
            ``(2) the public school that the student attends and that 
        receives assistance under this part has been designated as an 
        unsafe public school, then the local educational agency may 
        allow such student to transfer to another public school or 
        public charter school in the same State as the school where the 
        criminal offense occurred, that is selected by the student's 
        parent.
    ``(b) State Educational Agency Determinations.--
            ``(1) The State educational agency shall determine, based 
        upon State law, what actions constitute a violent criminal 
        offense for purposes of this section.
            ``(2) The State educational agency shall determine which 
        schools in the State are unsafe public schools.
            ``(3) The term `unsafe public schools' means a public 
        school that has serious crime, violence, illegal drug, and 
        discipline problems, as indicated by conditions that may 
        include high rates of--
                    ``(A) expulsions and suspensions of students from 
                school;
                    ``(B) referrals of students to alternative schools 
                for disciplinary reasons, to special programs or 
                schools for delinquent youth, or to juvenile court;
                    ``(C) victimization of students or teachers by 
                criminal acts, including robbery, assault and homicide;
                    ``(D) enrolled students who are under court 
                supervision for past criminal behavior;
                    ``(E) possession, use, sale or distribution of 
                illegal drugs;
                    ``(F) enrolled students who are attending school 
                while under the influence of illegal drugs or alcohol;
                    ``(G) possession or use of guns or other weapons;
                    ``(H) participation in youth gangs; or
                    ``(I) crimes against property, such as theft or 
                vandalism.
    ``(c) Transportation Costs.--The local educational agency that 
serves the public school in which the violent criminal offense occurred 
or that serves the designated unsafe public school may use funds 
provided under this part to provide transportation services or to pay 
the reasonable costs of transportation for the student to attend the 
school selected by the student's parent.
    ``(d) Special Rule.--Any school receiving assistance provided under 
this section shall comply with title VI of the Civil Rights Act of 1964 
(42 U.S.C. 2000d et seq.) and not discriminate on the basis of race, 
color, or national origin.
    ``(e) Part B of the Individuals With Disabilities Education Act.--
Nothing in this section shall be construed to affect the requirements 
of part B of the Individuals with Disabilities Education Act (20 U.S.C. 
1411 et seq.).
    ``(f) Maximum Amount.--Notwithstanding any other provision of this 
section, the amount of assistance provided under this part for a 
student who elects a transfer under this section shall not exceed the 
per pupil expenditures for elementary or secondary school students as 
provided by the local educational agency that serves the school 
involved in the transfer.''.

SEC. 117. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL 
              IMPROVEMENT.

    Section 1116 (20 U.S.C. 6317) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Local Review.--
            ``(1) In general.--Each local educational agency receiving 
        funds under this part shall--
                    ``(A) use the State assessments described in the 
                State plan;
                    ``(B) use any additional measures or indicators 
                described in the local educational agency's plan to 
                review annually the progress of each school served 
                under this part to determine whether the school is 
                meeting, or making adequate progress as defined in 
                section 1111(b)(2)(A)(i) toward enabling its students 
                to meet the State's student performance standards 
                described in the State plan; and
                    ``(C) provide the results of the local annual 
                review to schools so that the schools can continually 
                refine the program of instruction to help all children 
                served under this part in those schools meet the 
                State's student performance standards.
            ``(2) Local reports.--(A) Following the annual review 
        specified in paragraph (1)(B), each local educational agency 
        receiving funds under this part shall prepare and disseminate 
        an annual performance report regarding each school that 
        receives funds under this part. The report, at a minimum, shall 
        include information regarding--
                    ``(i) each school's performance in making adequate 
                yearly progress and whether the school has been 
                identified for school improvement;
                    ``(ii) the progress of each school in enabling all 
                students served under this part to meet the State-
                determined levels of performance, including the 
                progress of economically disadvantaged students and 
                limited English proficient students, except that this 
                clause shall not apply to a State if the State 
                demonstrates that the State has an insufficient number 
                of economically disadvantaged or limited English 
                proficient students; and
                    ``(iii) any other information the local educational 
                agency determines appropriate (such as information on 
                teacher quality, school safety, and drop-out rates).
            ``(B) The local educational agency shall publicize and 
        disseminate the report to teachers and other staff, parents, 
        students, and the community. Such report shall be concise and 
        presented in a format and manner that parents can understand. 
        The local educational agency may issue individual school 
        performance reports directly to teachers and other staff, 
        parents, students, and the community, or the local educational 
        agency may publicize and disseminate the report through a 
        widely read or distributed medium, such as posting on the 
        Internet or distribution to the media.
            ``(C) Information collected and reported under this section 
        shall be collected and disseminated in a manner that protects 
        the privacy of individuals.
            ``(D) In the case of a local educational agency for which 
        the State report described in section 1116(d) contains data 
        about an individual school served by the local educational 
        agency that is equivalent to the data required by this 
        subsection, such local educational agency shall not be required 
        to prepare or distribute a report regarding such school under 
        this paragraph.'';
            (2) by amending subsection (c) to read as follows:
    ``(c) School Improvement.--
            ``(1) In general.--(A) A local educational agency shall 
        identify for school improvement any school served under this 
        part that for 2 consecutive years failed to make adequate 
        yearly progress as defined in the State's plan in section 1111, 
        except that in the case of a targeted assistance program under 
        section 1115, a local educational agency may review the 
        progress of only those students in such school who are served 
        under this part.
            ``(B) The 2 year period described in clause (i) shall 
        include any continuous period of time immediately preceding the 
        date of enactment of the Education Opportunities Act, during 
        which a school did not make adequate yearly progress as defined 
        in the State's plan, as such plan was in effect on the day 
        preceding the date of such enactment.
            ``(C) Before identifying a school for school improvement 
        under subparagraph (A), the local educational agency shall 
        provide the school with an opportunity to review the school-
        level data, including assessment data, on which such 
        identification is based. The review period shall not exceed 30 
        days, and at the end of the review period the local educational 
        agency shall make a final determination as to the school 
        improvement status of the school. If the school believes that 
        such identification for school improvement is in error for 
        statistical or other substantive reasons, such school may 
        provide evidence to the local educational agency to support 
        such belief.
            ``(2) School plan.--(A) Each school identified under 
        paragraph (1), in consultation with parents, the local 
        educational agency, and the school support team or other 
        outside experts, shall revise a school plan that addresses the 
        fundamental teaching and learning needs in the school and--
                    ``(i) describes the specific achievement problems 
                to be solved;
                    ``(ii) includes research-based strategies, 
                supported with specific goals and objectives, that have 
                the greatest likelihood of improving the performance of 
                participating children in meeting the State's student 
                performance standards;
                    ``(iii) explains how those strategies will work to 
                address the achievement problems identified under 
                clause (i);
                    ``(iv) addresses the need for high-quality staff by 
                setting goals for ensuring that high quality 
                professional development programs are supported with 
                funds under this part;
                    ``(v) addresses the professional development needs 
                of instructional staff by committing to spend not less 
                than 10 percent of the funds received by the school 
                under this part during 1 fiscal year for professional 
                development, which professional development shall 
                increase the content knowledge of teachers and build 
                the capacity of the teachers to align classroom 
                instruction with challenging content standards and to 
                bring all students to proficient or advanced levels of 
                performance as determined by the State;
                    ``(vi) identifies specific goals and objectives the 
                school will undertake for making adequate yearly 
                progress, which goals and objectives shall be 
                consistent with State and local standards;
                    ``(vii) specifies the responsibilities of the 
                school and the local educational agency, including how 
                the local educational agency will hold the school 
                accountable for, and assist the school in, meeting the 
                school's obligations to provide enriched and 
                accelerated curricula, effective instructional methods, 
                high quality professional development, and timely and 
                effective individual assistance, in partnership with 
                parents; and
                    ``(viii) includes strategies to promote effective 
                parental involvement in the school.
            ``(B) The school shall submit the plan or revised plan to 
        the local educational agency for approval within 3 months of 
        being identified. The local educational agency shall promptly 
        subject the plan to a review process, work with the school to 
        revise the plan as necessary, and approve the plan within 1 
        month of submission. The school shall implement the plan as 
        soon as the plan is approved. 
            ``(3) Parental notification.--Each school identified under 
        paragraph (1) shall in understandable language and form, 
        promptly notify the parents of each student enrolled in the 
        school that the school was designated by the local educational 
        agency as needing improvement and provide with the 
        notification--
                    ``(A) the reasons for such designation;
                    ``(B) information about opportunities for parents 
                to participate in the school improvement process; and
                    ``(C) an explanation of the option afforded to 
                parents, pursuant to paragraph (6), to transfer their 
                child to another public school, including a public 
                charter school, that is not identified for school 
                improvement.
            ``(4) Technical assistance.--(A) For each school identified 
        for school improvement under paragraph (1), the local 
        educational agency shall provide technical assistance as the 
        school develops and implements its plan. Such technical 
        assistance shall include effective methods and research-based 
        instructional strategies.
            ``(B) Such technical assistance shall be designed to 
        strengthen the core academic program for the students served 
        under this part and addresses specific elements of student 
        performance problems, including problems, if any, in 
        implementing the parental involvement requirements described in 
        section 1118, the professional development requirements 
        described in section 1119, and the responsibilities of the 
        school and local educational agency under the school plan.
            ``(5) Corrective action.--In order to help students served 
        under this part meet challenging State standards, each local 
        educational agency shall implement a system of corrective 
        action in accordance with the following:
                    ``(A) After providing technical assistance under 
                paragraph (4), the local educational agency may take 
                corrective action at any time with respect to a school 
                that has been identified under paragraph (1), but shall 
                take corrective action with respect to any school that 
                fails to make adequate yearly progress, as defined by 
                the State, at the end of the second year following the 
                school's identification under paragraph (1) and shall 
                continue to provide technical assistance while 
                instituting any corrective action.
                    ``(B) Consistent with State and local law, in the 
                case of a school described in subparagraph (A) for 
                which corrective action is required, the local 
                educational agency shall not take less than 1 of the 
                following corrective actions:
                            ``(i) Instituting and fully implementing a 
                        new curriculum that is based on State and local 
                        standards, including appropriate research-based 
                        professional development for all relevant staff 
                        that offers substantial promise of improving 
                        educational achievement for low-performing 
                        students.
                            ``(ii) Restructuring the school, such as 
                        by--
                                    ``(I) making alternative governance 
                                arrangements (such as the creation of a 
                                public charter school); or
                                    ``(II) creating schools within 
                                schools or other small learning 
                                environments.
                            ``(iii) Developing and implementing a joint 
                        plan between the local educational agency and 
                        the school that addresses specific elements of 
                        student performance problems and that specifies 
                        the responsibilities of the local educational 
                        agency and the school under the plan.
                            ``(iv) Reconstituting the school staff.
                            ``(v) Decreasing decisionmaking authority 
                        at the school level.
                    ``(C) Consistent with State and local law, in the 
                case of a school described in subparagraph (A), the 
                local educational agency may take the following 
                corrective actions:
                            ``(i) Deferring, reducing, or withholding 
                        funds.
                            ``(ii) Restructuring or abolishing the 
                        school.
                    ``(D) A local educational agency may delay, for a 
                period not to exceed 1 year, implementation of 
                corrective action if--
                            ``(i) the local educational agency assesses 
                        the school's performance and determines that 
                        the school is meeting the specific State-
                        determined yearly progress requirements in 
                        subjects and grades included in the State 
                        assessments; and
                            ``(ii) the school will meet the State's 
                        criteria for adequate yearly progress within 1 
                        year;
                    ``(E) The local educational agency shall publish, 
                and disseminate to the public and to parents, in a 
                format and, to the extent practicable, in a language 
                that the parents can understand, any corrective action 
                the local educational agency takes under this 
                paragraph, through such means as the Internet, the 
                media, and public agencies.
            ``(6) Public school choice.--
                    ``(A) Schools identified for improvement.--
                            ``(i) Schools identified on or before 
                        enactment.--Not later than 6 months after the 
                        date of the enactment of the Educational 
                        Opportunities Act, a local educational agency 
                        shall provide all students enrolled in a school 
                        identified (on or before such date of 
                        enactment) under paragraphs (1) and (5) with an 
                        option to transfer to any other public school 
                        within the local educational agency or any 
                        public school consistent with subparagraph (B), 
                        including a public charter school that has not 
                        been identified for school improvement, unless 
                        such option to transfer is prohibited--
                                    ``(I) under the provisions of a 
                                State or local law; or
                                    ``(II) by a local educational 
                                agency policy that is approved by a 
                                local school board.
                            ``(ii) Schools identified after 
                        enactment.--Not later than 6 months after the 
                        date on which a local educational agency 
                        identifies a school under paragraphs (1) and 
                        (5), the agency shall provide all students 
                        enrolled in such school with an option 
                        described in clause (i).
                    ``(B) Cooperative agreements.--If all public 
                schools in the local educational agency to which a 
                child may transfer are identified under paragraphs (1) 
                and (5), then the agency, to the extent practicable, 
                shall establish a cooperative agreement with other 
                local educational agencies in the area for the 
                transfer, unless the transfer is prohibited under--
                            ``(i) the provisions of a State or local 
                        law; or
                            ``(ii) a local educational agency policy 
                        that is approved by a local school board.
                    ``(C) Transportation.--
                            ``(i) In general.--The local educational 
                        agency in which the schools have been 
                        identified under paragraph (1) may use funds 
                        under this part to provide transportation to 
                        students whose parents choose to transfer their 
                        child or children to a different school.
                            ``(ii) Corrective action.--If a school has 
                        been identified under paragraph (5), the local 
                        educational agency shall provide such students 
                        transportation (or the costs of transportation) 
                        to schools not identified under paragraph (1) 
                        or (5).
                            ``(iii) Maximum amount.--Notwithstanding 
                        any other provision of this paragraph, the 
                        amount of assistance provided under this part 
                        for a student who elects a transfer under this 
                        paragraph shall not exceed the per pupil 
                        expenditures for elementary school or secondary 
                        school students as provided by the local 
                        educational agency that serves the school 
                        involved in the transfer.
                    ``(D) Continue option.--Once a school is no longer 
                identified for school improvement, the local 
                educational agency shall continue to provide public 
                school choice as an option to students in such school 
                for a period of not less than 2 years.
            ``(7) State educational agency responsibilities.--If a 
        State educational agency determines that a local educational 
        agency failed to carry out the local educational agency's 
        responsibilities under this section, the State educational 
        agency shall take into account such action as the State 
        educational agency finds necessary, consistent with this 
        section, to improve the affected schools and to ensure that the 
        local educational agency carries out the local educational 
        agency's responsibilities under this section.
            ``(8) Special rule.--Schools that, for at least 2 of the 3 
        years following identification under paragraph (1), make 
        adequate progress toward meeting the State's proficient and 
        advanced levels of performance shall no longer need to be 
        identified for school improvement.
            ``(9) Waivers.--The State educational agency shall review 
        any waivers approved for a school designated for improvement or 
        corrective action prior to the date of enactment of the 
        Educational Opportunities Act and shall terminate any waiver 
        approved by the State under the Educational Flexibility 
        Partnership Act of 1999 if the State determines, after notice 
        and an opportunity for a hearing, that the waiver is not 
        helping such school to make yearly progress to meet the 
        objectives and specific goals described in the school's 
        improvement plan.''; and
            (3) in subsection (d)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--(A) A State educational agency shall 
        annually review the progress of each local educational agency 
        receiving funds under this part to determine whether schools 
        receiving assistance under this part are making adequate 
        progress as defined in section 1111(b)(2)(A)(ii) toward meeting 
        the State's student performance standards.
            ``(B) State reports.--Following the annual review specified 
        in subparagraph (A), each State educational agency that 
        receives funds under this part shall prepare and disseminate an 
        annual performance report regarding each local educational 
        agency that receives funds under this part.
            ``(C) Contents.--The State, at a minimum, shall include in 
        the report information on each local educational agency 
        regarding--
                    ``(i) local educational agency performance in 
                making adequate yearly progress, including the number 
                and percentage of schools that did and did not make 
                adequate yearly progress;
                    ``(ii) the progress of the local educational agency 
                in enabling all students served under this part to meet 
                the State's proficient and advanced levels of 
                performance, including the progress of economically 
                disadvantaged students and limited English proficient 
                students, except that this clause shall not apply to a 
                State if the State demonstrates that the State has an 
                insufficient number of economically disadvantaged or 
                limited English proficient students; and
                    ``(iii) any other information the State determines 
                appropriate (such as information on teacher quality, 
                school safety, and drop-out rates).
            ``(D) Parent and public dissemination.--The State shall 
        publicize and disseminate to local educational agencies, 
        teachers and other staff, parents, students, and the community, 
        the report. Such report shall be concise and presented in a 
        format and manner that parents can understand. The State may 
        issue local educational agency performance reports directly to 
        the local educational agencies, teachers and other staff, 
        parents, students, and the community or the State may publicize 
        and disseminate the report through a widely read or distributed 
        medium, such as posting on the Internet or distribution to the 
        media.''.
                    (B) by amending paragraph (4) to read as follows:
            ``(4) Local educational agency revisions.--(A) Each local 
        educational agency identified under paragraph (3) shall, not 
        later than 3 months after being so identified, revise a local 
        educational agency plan as described under section 1112. The 
        plan shall--
                    ``(i) include specific State-determined yearly 
                progress requirements in subjects and grades to ensure 
                that all students will meet proficient levels of 
                performance within 10 years;
                    ``(ii) address the fundamental teaching and 
                learning needs in the schools of that agency, and the 
                specific academic problems of low-performing students 
                including a determination of why the local educational 
                agency's prior plan failed to bring about increased 
                student achievement and performance;
                    ``(iii) incorporate research-based strategies that 
                strengthen the core academic program in the local 
                educational agency;
                    ``(iv) address the professional development needs 
                of the instructional staff by committing to spend not 
                less than 10 percent of the funds received by the 
                school under this part during 1 fiscal year for 
                professional development, which professional 
                development shall increase the content knowledge of 
                teachers and build the capacity of the teachers to 
                align classroom instruction with challenging content 
                standards and to bring all students to proficient or 
                advanced levels of performance as determined by the 
                State;
                    ``(v) identify specific goals and objectives the 
                local educational agency will undertake for making 
                adequate yearly progress, which goals and objectives 
                shall be consistent with State standards;
                    ``(vi) identify how the local educational agency 
                will provide written notification to parents in a 
                format, and to the extent practicable, in a language 
                that the parents can understand;
                    ``(vii) specify the responsibilities of the State 
                educational agency and the local educational agency 
                under the plan; and
                    ``(viii) include strategies to promote effective 
                parental involvement in the school.'';
                    (C) by amending subparagraph (B) of paragraph (5) 
                to read as follows:
                    ``(B) Technical assistance provided under this 
                section by the State educational agency or an entity 
                authorized by such agency shall be supported by 
                effective methods and research-based instructional 
                strategies.'';
                    (D) in paragraph (6)--
                            (i) by amending subparagraph (B) to read as 
                        follows:
                    ``(B)(i) Consistent with State and local law, in 
                order to help students served under this part meet 
                challenging State and local standards, each State 
                educational agency shall implement a corrective action 
                system in accordance with the following:
                            ``(I) After providing technical assistance 
                        as described under paragraph (5), the State 
                        educational agency--
                                    ``(aa) may take corrective action 
                                at any time with respect to a local 
                                educational agency that has been 
                                identified under paragraph (3);
                                    ``(bb) shall take corrective action 
                                with respect to any local educational 
                                agency that fails to make adequate 
                                yearly progress, as defined by the 
                                State; and
                                    ``(cc) shall continue to provide 
                                technical assistance while implementing 
                                any corrective action. 
                            ``(II) Consistent with State and local law, 
                        in the case of a local educational agency 
                        described under subclause (I), the State 
                        educational agency shall not take less than 1 
                        of the following corrective actions:
                                    ``(aa) Instituting and fully 
                                implementing a new curriculum that is 
                                based on State and local standards, 
                                including appropriate research-based 
                                professional development for all 
                                relevant staff that offers substantial 
                                promise of improving educational 
                                achievement for low-performing 
                                students.
                                    ``(bb) Restructuring the local 
                                educational agency.
                                    ``(cc) Developing and implementing 
                                a joint plan between the State 
                                educational agency and the local 
                                educational agency that addresses 
                                specific elements of student 
                                performance problems and that specifies 
                                the responsibilities of the State 
                                educational agency and the local 
                                educational agency under the plan.
                                    ``(dd) Reconstituting school 
                                district personnel.
                                    ``(ee) Making alternative 
                                governance arrangements. 
                            ``(III) Consistent with State and local 
                        law, in the case of a local educational agency 
                        described under subclause (I), the State 
                        educational agency may take 1 of the following 
                        corrective actions:
                                    ``(aa) Deferring, reducing, or 
                                withholding funds.
                                    ``(bb) Restructuring or abolishing 
                                the local educational agency.
                                    ``(cc) Removal of particular 
                                schools from the jurisdiction of the 
                                local educational agency and 
                                establishment of alternative 
                                arrangements for public governance and 
                                supervision of such schools.
                                    ``(dd) Appointment by the State 
                                educational agency of a receiver or 
                                trustee to administer the affairs of 
                                the local educational agency in place 
                                of the superintendent and school board.
                    ``(ii) Notwithstanding clause (i), corrective 
                actions taken pursuant to this section shall not 
                include the actions described in subclauses (I), (II), 
                and (III) of clause (i) until the State has developed 
                assessments that meet the requirements of paragraph 
                (3)(C) of section 1111(b).''; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Hearing.--Prior to implementing any 
                corrective action, the State educational agency shall 
                provide notice and a hearing to the affected local 
                educational agency, if State law provides for such 
                notice and hearing. The hearing shall take place not 
                later than 45 days following the decision to implement 
                corrective action.
                    ``(D) Notification to parents.--The State 
                educational agency shall publish, and disseminate to 
                parents and the public, any corrective action the State 
                educational agency takes under this paragraph through a 
                widely read or distributed medium.
                    ``(E) Delay.--A State educational agency may delay, 
                for a period not to exceed 1 year, implementation of 
                corrective action if--
                            ``(i) the State educational agency 
                        determines that the local educational agency is 
                        meeting the State-determined yearly progress 
                        requirements in subjects and grades included in 
                        the State assessments; and
                            ``(ii) the schools within the local 
                        educational agency will meet the State's 
                        criteria for improvement within 1 year.
                    ``(F) Waivers.--The State educational agency shall 
                review any waivers approved prior to the date of 
                enactment of the Educational Opportunities Act for a 
                local educational agency designated for improvement or 
                corrective action and shall terminate any waiver 
                approved by the State under the Educational Flexibility 
                Partnership Act of 1999 if the State determines, after 
                notice and an opportunity for a hearing, that the 
                waiver is not helping the local educational agency make 
                yearly progress to meet the objectives and specific 
                goals described in the local educational agency's 
                improvement plan.''.

SEC. 118. ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.

    Section 1117 (20 U.S.C. 6318) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Priorities.--In carrying out this section, a State 
        educational agency shall--
                    ``(A) first, provide support and assistance to 
                local educational agencies subject to corrective action 
                described in section 1116 and assist schools, in 
                accordance with section 1116, for which a local 
                educational agency has failed to carry out its 
                responsibilities under section 1116;
                    ``(B) second, provide support and assistance to 
                other local educational agencies and schools identified 
                as in need of improvement under section 1116; and
                    ``(C) third, provide support and assistance to 
                other local educational agencies and schools 
                participating under this part that need support and 
                assistance in order to achieve the purpose of this 
                part.'';
            (2) in subsection (b), by striking ``the comprehensive 
        regional technical assistance centers under part A of title 
        XIII and'' and inserting ``comprehensive regional technical 
        assistance centers, and''; and
            (3) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Approaches.--In order to achieve the purpose 
        described in subsection (a), each such system shall provide 
        technical assistance and support through such approaches as--
                    ``(A) school support teams which are composed of 
                individuals who are knowledgeable about research and 
                practice on teaching and learning, particularly about 
                strategies for improving educational results for low-
                achieving children and persons knowledgeable about 
                effective parental involvement programs, including 
                parents;
                    ``(B) the designation and use of distinguished 
                teachers and principals, chosen from schools served 
                under this part that have been especially successful in 
                improving academic achievement;
                    ``(C) providing assistance to the local educational 
                agency or school in the implementation of research-
                based comprehensive school reform models; and
                    ``(D) a review process designed to increase the 
                capacity of local educational agencies and schools to 
                develop high-quality school improvement plans.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``part 
                        which'' and all that follows through the period 
                        and inserting ``part.''; and
                            (ii) in subparagraph (C)--
                                    (I) by striking ``and may'' and 
                                inserting ``(and may''; and
                                    (II) by striking ``exemplary 
                                performance'' and inserting ``exemplary 
                                performance)''; and
                    (C) in paragraph (3)--
                            (i) in the paragraph heading, by striking 
                        ``Educators'' and inserting ``Teachers and 
                        Principals'';
                            (ii) by amending subparagraph (A) to read 
                        as follows:
                    ``(A) The State may also recognize and provide 
                financial awards to teachers or principals in a school 
                described in paragraph (2) whose students consistently 
                make significant gains in academic achievement.'';
                            (iii) in subparagraph (B), by striking 
                        ``educators'' and inserting ``teachers or 
                        principals''; and
                            (iv) by striking subparagraph (C).

SEC. 119. PARENTAL INVOLVEMENT.

    Section 1118 (20 U.S.C. 6319) is amended--
            (1) in subsection (a)(2)(B), by inserting ``activities to 
        improve student achievement and student and school 
        performance'' after ``involvement'';
            (2) in subsection (b)(1)--
                    (A) in the first sentence, by inserting ``(in a 
                language parents can understand)'' after 
                ``distribute''; and
                    (B) in the second sentence, insert ``shall be made 
                available to the local community and'' after ``Such 
                policy'';
            (3) in subsection (e)--
                    (A) in paragraph (1), by striking ``participating 
                parents in such areas as understanding the National'' 
                and inserting ``parents of children served by the 
                school or local educational agency, as appropriate, in 
                understanding America's'';
                    (B) in paragraph (14), by striking ``and'' after 
                the semicolon;
                    (C) by amending paragraph (15) to read as follows:
            ``(15) may establish a school district wide parent advisory 
        council to advise the school and local educational agency on 
        all matters related to parental involvement in programs 
        supported under this section; and''; and
                    (D) by adding at the end the following:
            ``(16) shall provide such other reasonable support for 
        parental involvement activities under this section as parents 
        may request, which may include emerging technologies.'';
            (4) in subsection (f), by striking ``or with'' and 
        inserting ``, parents of migratory children, or parents with''; 
        and
            (5) by amending subsection (g) to read as follows:
    ``(g) Information From Parental Information and Resource Centers.--
In a State where a parental information and resource center is 
established to provide training, information, and support to parents 
and individuals who work with local parents, local educational 
agencies, and schools receiving assistance under this part, each school 
or local educational agency that receives assistance under this part 
and is located in the State, shall assist parents and parental 
organizations by informing such parents and organizations of the 
existence and purpose of such centers, providing such parents and 
organizations with a description of the services and programs provided 
by such centers, advising parents on how to use such centers, and 
helping parents to contact such centers.''.

SEC. 120. PROFESSIONAL DEVELOPMENT.

    Section 1119 (20 U.S.C. 6320) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by amending subparagraph (A) 
                to read as follows:
                    ``(A) support professional development activities 
                that give teachers, principals, administrators, 
                paraprofessionals, pupil services personnel, and 
                parents the knowledge and skills to provide students 
                with the opportunity to meet challenging State or local 
                content standards and student performance standards;'';
                    (B) by redesignating subparagraphs (B) through (E) 
                as subparagraphs (D) through (G), respectively;
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) advance teacher understanding of effective 
                instructional strategies, based on research for 
                improving student achievement, at a minimum in reading 
                or language arts and mathematics;
                    ``(C) be of sufficient intensity and duration (not 
                to include 1-day or short-term workshops and 
                conferences) to have a positive and lasting impact on 
                the teacher's performance in the classroom, except that 
                this subparagraph shall not apply to an activity if 
                such activity is 1 component of a long-term 
                comprehensive professional development plan established 
                by the teacher and the teacher's supervisor based upon 
                an assessment of the needs of the teacher, the needs of 
                students, and the needs of the local educational 
                agency;'';
                    (D) in subparagraph (E) (as so redesignated), by 
                striking ``title III of the Goals 2000: Educate America 
                Act,'';
                    (E) in subparagraph (F) (as so redesignated), by 
                striking ``and'' after the semicolon;
                    (F) in subparagraph (G) (as so redesignated), by 
                striking the period and inserting a semicolon; and
                    (G) by adding at the end the following:
                    ``(H) to the extent appropriate, provide training 
                for teachers in the use of technology and the 
                applications of technology that are effectively used--
                            ``(i) in the classroom to improve teaching 
                        and learning in the curriculum; and
                            ``(ii) in academic content areas in which 
                        the teachers provide instruction;
                    ``(I) be regularly evaluated for their impact on 
                increased teacher effectiveness and improved student 
                performance and achievement, with the findings of such 
                evaluations used to improve the quality of professional 
                development; and
                    ``(J) include strategies for identifying and 
                eliminating gender and racial bias in instructional 
                materials, methods, and practices.''; and
            (2) in subsection (g), by striking ``title III of the Goals 
        2000: Educate America Act,'' and inserting ``other Acts''.

SEC. 120A. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

    (a) Amendments.--Section 1120 (20 U.S.C. 6321) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``that address 
                their needs, and shall ensure that teachers and 
                families of such children participate, on an equitable 
                basis, in services and activities under sections 1118 
                and 1119'' before the period;
                    (B) in paragraph (3), by inserting ``and shall be 
                provided in a timely manner'' before the period; and
                    (C) in paragraph (4), insert ``as determined by the 
                local educational agency each year or every 2 years'' 
                before the period;
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C), by striking ``and 
                        where'' and inserting ``, where, and by whom'';
                            (ii) by amending subparagraph (D) to read 
                        as follows:
                    ``(D) how the services will be assessed and how the 
                results of that assessment will be used to improve 
                those services;'';
                            (iii) in subparagraph (E), by striking the 
                        period and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(F) how and when the local educational agency 
                will make decisions about the delivery of services to 
                eligible private school children, including a thorough 
                consideration and analysis of the views of private 
                school officials regarding the provision of contract 
                services through potential third party providers, and 
                if the local educational agency disagrees with the 
                views of the private school officials on such provision 
                of services, the local educational agency shall provide 
                in writing to such private school officials an analysis 
                of the reasons why the local educational agency has 
                chosen not to so provide such services.''; and
                    (B) by adding at the end the following:
            ``(4) Consultation.--Each local educational agency shall 
        provide to the State educational agency, and maintain in the 
        local educational agency's records, a written affirmation 
        signed by officials of each participating private school that 
        the consultation required by this section has occurred. If a 
        private school declines in writing to have eligible children in 
        the private school participate in services provided under this 
        section, the local educational agency is not required to 
        further consult with the private school officials or to 
        document the local educational agency's consultation with the 
        private school officials until the private school officials 
        request in writing such consultation. The local educational 
        agency shall inform the private school each year of the 
        opportunity for eligible children to participate in services 
        provided under this section.
            ``(5) Compliance.--A private school official shall have the 
        right to appeal to the State educational agency the decision of 
        a local educational agency as to whether consultation provided 
        for in this section was meaningful and timely, and whether due 
        consideration was given to the views of the private school 
        official. If the private school official wishes to appeal the 
        decision, the basis of the claim of noncompliance with this 
        section by the local educational agencies shall be provided to 
        the State educational agency, and the local educational agency 
        shall forward the appropriate documentation to the State 
        educational agency.'';
            (3) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), respectively; and
            (4) by inserting after subsection (b) the following:
    ``(c) Allocation for Equitable Service to Private School 
Students.--
            ``(1) Calculation.--A local educational agency shall have 
        the final authority, consistent with this section, to calculate 
        the number of private school children, ages 5 through 17, who 
        are low-income by--
                    ``(A) using the same measure of low-income used to 
                count public school children;
                    ``(B) using the results of a survey that, to the 
                extent possible, protects the identity of families of 
                private school students, and allowing such survey 
                results to be extrapolated if complete actual data are 
                unavailable; or
                    ``(C) applying the low-income percentage of each 
                participating public school attendance area, determined 
                pursuant to this section, to the number of private 
                school children who reside in that school attendance 
                area.
            ``(2) Complaint process.--Any dispute regarding low-income 
        data for private school students shall be subject to the 
        complaint process authorized in section 10105.'';
            (5) in subsection (e) (as so redesignated),
                    (A) in paragraph (2), by striking ``14505 and 
                14506'' and inserting ``10105 and 10106'';
                    (B) by redesignating paragraphs (1) and (2) (as so 
                amended) as subparagraphs (A) and (B), respectively;
                    (C) by striking ``If a'' and inserting the 
                following:
            ``(1)  In general.--If a''; and
                    (D) by adding at the end the following:
            ``(2) Determination.--In making the determination under 
        paragraph (1), the Secretary shall consider 1 or more factors, 
        including the quality, size, scope, or location of the program, 
        or the opportunity of eligible children to participate in the 
        program.''; and
            (6) by repealing subsection (f) (as so redesignated).
    (b) Effective Date.--The amendment made by subsection (a)(4) shall 
take effect on September 30, 2003.
    (c) Conforming Amendment.--Section 1120A(a) (20 U.S.C. 6322(a)) is 
amended by striking ``14501 of this Act'' and inserting ``10101''.

SEC. 120B. EARLY CHILDHOOD EDUCATION.

    Section 1120B (20 U.S.C. 6321) is amended--
            (1) by amending the section heading to read as follows:

``SEC. 1120B. COORDINATION REQUIREMENTS; EARLY CHILDHOOD EDUCATION 
              SERVICES.'';

            (2) in subsection (c), by striking ``Head Start Act 
        Amendments of 1994'' and inserting ``Head Start Amendments of 
        1998''; and
            (3) by adding at the end the following:
    ``(d) Early Childhood Services.--A local educational agency may use 
funds received under this part to provide preschool services--
            ``(1) directly to eligible preschool children in all or 
        part of its school district;
            ``(2) through any school participating in the local 
        educational agency's program under this part; or
            ``(3) through a contract with a local Head Start agency, an 
        eligible entity operating an Even Start program, a State-funded 
        preschool program, or a comparable public early childhood 
        development program.
    ``(e) Early Childhood Education Programs.--Early childhood 
education programs operated with funds provided under this part may be 
operated and funded jointly with Even Start programs under part B of 
this title, Head Start programs, or State-funded preschool programs. 
Early childhood education programs funded under this part shall--
            ``(1) focus on the developmental needs of participating 
        children, including their social, cognitive, and language-
        development needs, and use research-based approaches that build 
        on competencies that lead to school success, particularly in 
        language and literacy development and in reading;
            ``(2) teach children to understand and use language in 
        order to communicate for various purposes;
            ``(3) enable children to develop and demonstrate an 
        appreciation of books; and
            ``(4) in the case of children with limited English 
        proficiency, enable the children to progress toward acquisition 
        of the English language.''.

SEC. 120C. ALLOCATIONS.

    Subpart 2 of part A of title I (20 U.S.C. 6331 et seq.) is amended 
to read as follows:

                        ``Subpart 2--Allocations

``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE 
              INTERIOR.

    ``(a) Reservation of Funds.--From the amount appropriated for any 
fiscal year under section 1002(a), the Secretary shall reserve a total 
of 1 percent to provide assistance to--
            ``(1) the outlying areas on the basis of their respective 
        need for such assistance according to such criteria as the 
        Secretary determines will best carry out the purpose of this 
        part; and
            ``(2) the Secretary of the Interior in the amount necessary 
        to make payments pursuant to subsection (c).
    ``(b) Assistance to the Outlying Areas.--
            ``(1) In general.--From amounts made available under 
        subsection (a)(1) in each fiscal year the Secretary shall make 
        grants to local educational agencies in the outlying areas.
            ``(2) Competitive grants.--
                    ``(A) In general.--For fiscal years 2000 and 2001, 
                the Secretary shall reserve $5,000,000 from the amounts 
                made available under subsection (a)(1) to award grants, 
                on a competitive basis, to local educational agencies 
                in the Freely Associated States. The Secretary shall 
                award such grants according to the recommendations of 
                the Pacific Region Educational Laboratory which shall 
                conduct a competition for such grants.
                    ``(B) Uses.--Except as provided in subparagraph 
                (C), grant funds awarded under this paragraph only may 
                be used--
                            ``(i) for programs described in this Act, 
                        including teacher training, curriculum 
                        development, instructional materials, or 
                        general school improvement and reform; and
                            ``(ii) to provide direct educational 
                        services.
                    ``(C) Administrative costs.--The Secretary may 
                provide 5 percent of the amount made available for 
                grants under this paragraph to the Pacific Region 
                Educational Laboratory to pay the administrative costs 
                of the Pacific Region Educational Laboratory regarding 
                activities assisted under this paragraph.
    ``(c) Allotment to the Secretary of the Interior.--
            ``(1) In general.--The amount reserved for payments to the 
        Secretary of the Interior under subsection (a)(2) for any 
        fiscal year shall be, as determined pursuant to criteria 
        established by the Secretary, the amount necessary to meet the 
        special educational needs of--
                    ``(A) Indian children on reservations served by 
                elementary schools and secondary schools for Indian 
                children operated or supported by the Department of the 
                Interior; and
                    ``(B) out-of-State Indian children in elementary 
                schools and secondary schools in local educational 
                agencies under special contracts with the Department of 
                the Interior.
            ``(2) Payments.--From the amount reserved for payments to 
        the Secretary of the Interior under subsection (a)(2), the 
        Secretary of the Interior shall make payments to local 
        educational agencies, upon such terms as the Secretary 
        determines will best carry out the purposes of this part, with 
        respect to out-of-State Indian children described in paragraph 
        (1)(B). The amount of such payment may not exceed, for each 
        such child, the greater of--
                    ``(A) 40 percent of the average per-pupil 
                expenditure in the State in which the agency is 
                located; or
                    ``(B) 48 percent of such expenditure in the United 
                States.

``SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, AND 
              TARGETED GRANTS.

    ``(a) In General.--For each of the fiscal years 2001 through 2005--
            ``(1) the amount appropriated to carry out this part that 
        is less than or equal to the amount appropriated to carry out 
        section 1124 for fiscal year 2000, shall be allocated in 
        accordance with section 1124;
            ``(2) the amount appropriated to carry out this part that 
        is not used under paragraph (1) that equals the amount 
        appropriated to carry out section 1124A for fiscal year 2000, 
        shall be allocated in accordance with section 1124A; and
            ``(3) any amount appropriated to carry out this part for 
        the fiscal year for which the determination is made that is not 
        used to carry out paragraphs (1) and (2) shall be allocated in 
        accordance with section 1125.
    ``(b) Adjustments Where Necessitated by Appropriations.--
            ``(1) In general.--If the sums made available under this 
        part for any fiscal year are insufficient to pay the full 
        amounts that all local educational agencies in States are 
        eligible to receive under sections 1124, 1124A, and 1125 for 
        such year, the Secretary shall ratably reduce the allocations 
        to such local educational agencies, subject to subsections (c) 
        and (d).
            ``(2) Additional funds.--If additional funds become 
        available for making payments under sections 1124, 1124A, and 
        1125 for such fiscal year, allocations that were reduced under 
        paragraph (1) shall be increased on the same basis as the 
        allocations were reduced.
    ``(c) Hold-Harmless Amounts.--
            ``(1) In general.--For each fiscal year the amount made 
        available to each local educational agency under each of 
        sections 1124, 1124A, and 1125 shall be not less than--
                    ``(A) 95 percent of the amount made available to 
                the local educational agency under each such section 
                for the preceding fiscal year if the number of children 
                counted for grants under section 1124 is not less than 
                30 percent of the total number of children aged 5 to 17 
                years, inclusive, served by the local educational 
                agency;
                    ``(B) 90 percent of the amount made available to 
                the local educational agency under each such section 
                for the preceding fiscal year if such percentage is not 
                less than 15 percent and not more than 30 percent; and
                    ``(C) 85 percent of the amount made available to 
                the local educational agency under each such section 
                for the preceding fiscal year if such percentage is 
                less than 15 percent.
            ``(2) Special rules.--If sufficient funds are appropriated, 
        the hold-harmless amounts described in paragraph (1) shall be 
        paid to all local educational agencies that received grants 
        under section 1124, 1124A, or 1125 for the preceding fiscal 
        year, regardless of whether the local educational agency meets 
        the minimum eligibility criteria provided in section 1124(b), 
        1124A(a)(1)(A), or 1125(a), respectively, except that a local 
        educational agency that does not meet such minimum eligibility 
        criteria for 5 consecutive years shall no longer be eligible to 
        receive a hold-harmless amount under this subsection.
            ``(3) County calculation basis.--Any fiscal year for which 
        the Secretary calculates grants on the basis of population data 
        for counties, the Secretary shall apply the hold-homeless 
        percentages in paragraphs (1) and (2) to counties, and if the 
        Secretary's allocation for a county is not sufficient to meet 
        the hold-harmless requirements of this subsection for every 
        local educational agency within that county, then the State 
        educational agency shall reallocate funds proportionately from 
        all other local educational agencies in the State that receive 
        funds for the fiscal year in excess of the hold-harmless 
        amounts specified in this paragraph.
    ``(d) Ratable Reductions.--
            ``(1) In general.--If the sums made available under this 
        part for any fiscal year are insufficient to pay the full 
        amounts that all States are eligible to receive under 
        subsection (c) for such year, the Secretary shall ratably 
        reduce such amounts for such year.
            ``(2) Additional funds.--If additional funds become 
        available for making payments under subsection (c) for such 
        fiscal year, amounts that were reduced under paragraph (1) 
        shall be increased on the same basis as such amounts reduced.

``SEC. 1123. DEFINITIONS.

    ``In this subpart:
            ``(1) Freely associated states.--The term `Freely 
        Associated States' means the Republic of the Marshall Islands, 
        the Federated States of Micronesia, and the Republic of Palau.
            ``(2) Outlying areas.--The term `outlying areas' means the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            ``(3) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.

``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Amount of Grants.--
            ``(1) Grants for local educational agencies and puerto 
        rico.--Except as provided in paragraph (4) and in section 1126, 
        the grant that a local educational agency is eligible to 
        receive under this section for a fiscal year is the amount 
        determined by multiplying--
                    ``(A) the number of children counted under 
                subsection (c); and
                    ``(B) 40 percent of the average per-pupil 
                expenditure in the State, except that the amount 
                determined under this subparagraph shall not be less 
                than 32 percent, and not more than 48 percent, of the 
                average per-pupil expenditure in the United States.
            ``(2) Calculation of grants.--
                    ``(A) Allocations to local educational agencies.--
                The Secretary shall calculate grants under this section 
                on the basis of the number of children counted under 
                subsection (c) for local educational agencies, unless 
                the Secretary and the Secretary of Commerce determine 
                that some or all of those data are unreliable or that 
                their use would be otherwise inappropriate, in which 
                case--
                            ``(i) the Secretary and the Secretary of 
                        Commerce shall publicly disclose the reasons 
                        for their determination in detail; and
                            ``(ii) paragraph (3) shall apply.
                    ``(B) Allocations to large and small local 
                educational agencies.--
                            ``(i) Large local educational agencies.--In 
                        the case of an allocation under this section to 
                        a large local educational agency, the amount of 
                        the grant under this section for the large 
                        local educational agency shall be the amount 
                        determined under paragraph (1).
                            ``(ii) Small local educational agencies.--
                                    ``(I) In general.--In the case of 
                                an allocation under this section to a 
                                small local educational agency the 
                                State educational agency may--
                                            ``(aa) distribute grants 
                                        under this section in amounts 
                                        determined by the Secretary 
                                        under paragraph (1); or
                                            ``(bb) use an alternative 
                                        method approved by the 
                                        Secretary to distribute the 
                                        portion of the State's total 
                                        grants under this section that 
                                        is based on those small local 
                                        educational agencies.
                                    ``(II) Alternative method.--An 
                                alternative method under subclause 
                                (I)(bb) shall be based on population 
                                data that the State educational agency 
                                determines best reflect the current 
                                distribution of children in poor 
                                families among the State's small local 
                                educational agencies that meet the 
                                minimum number of children to qualify 
                                described in subsection (b).
                                    ``(III) Appeal.--If a small local 
                                educational agency is dissatisfied with 
                                the determination of the amount of its 
                                grant by the State educational agency 
                                under subclause (I)(bb), the small 
                                local educational agency may appeal the 
                                determination to the Secretary, who 
                                shall respond within 45 days of 
                                receiving the appeal.
                            ``(iii) Definitions.--In this 
                        subparagraph--
                                    ``(I) the term `large local 
                                educational agency' means a local 
                                educational agency serving a school 
                                district with a total population of 
                                20,000 or more; and
                                    ``(II) the term `small local 
                                educational agency' means a local 
                                educational agency serving a school 
                                district with a total population of 
                                less than 20,000.
            ``(3) Allocations to counties.--
                    ``(A) In general.--For any fiscal year to which 
                this paragraph applies, the Secretary shall calculate 
                grants under this section on the basis of the number of 
                children counted under section 1124(c) for counties, 
                and State educational agencies shall allocate county 
                amounts to local educational agencies, in accordance 
                with regulations promulgated by the Secretary.
                    ``(B) Application.--In any State in which a large 
                number of local educational agencies overlap county 
                boundaries, or for which the State believes the State 
                has data that would better target funds than allocating 
                the funds by county, the State educational agency may 
                apply to the Secretary for authority to make the 
                allocations under this part for a particular fiscal 
                year directly to local educational agencies without 
                regard to counties.
                    ``(C) Allocations to local educational agencies.--
                If the Secretary approves its application under 
                subparagraph (B), the State educational agency shall 
                provide the Secretary an assurance that the allocations 
                will be made--
                            ``(i) using precisely the same factors for 
                        determining a grant as are used under this 
                        section; or
                            ``(ii) using data that the State 
                        educational agency submits to the Secretary for 
                        approval that more accurately target poverty.
                    ``(D) Appeal.--The State educational agency shall 
                provide the Secretary an assurance that a procedure is 
                or will be established through which local educational 
                agencies that are dissatisfied with determinations 
                under subparagraph (B) may appeal directly to the 
                Secretary for a final determination.
            ``(4) Puerto rico.--For each fiscal year, the Secretary 
        shall determine the percentage which the average per-pupil 
        expenditure in the Commonwealth of Puerto Rico is of the lowest 
        average per-pupil expenditure of any of the 50 States. The 
        grant which the Commonwealth of Puerto Rico shall be eligible 
        to receive under this section for a fiscal year shall be the 
        amount arrived at by multiplying the number of children counted 
        under subsection (c) for the Commonwealth of Puerto Rico by the 
        product of--
                    ``(A) the percentage determined under the preceding 
                sentence; and
                    ``(B) 32 percent of the average per-pupil 
                expenditure in the United States.
    ``(b) Minimum Number of Children To Qualify.--A local educational 
agency is eligible for a basic grant under this section for any fiscal 
year only if the number of children counted under subsection (c) for 
that agency is--
            ``(1) 10 or more; and
            ``(2) more than 2 percent of the total school-age 
        population in the school district of the local educational 
        agency.
    ``(c) Children To Be Counted.--
            ``(1) Categories of children.--The number of children to be 
        counted for purposes of this section is the aggregate of--
                    ``(A) the number of children aged 5 to 17, 
                inclusive, in the school district of the local 
                educational agency from families below the poverty 
                level as determined under paragraphs (2) and (3);
                    ``(B) the number of children aged 5 to 17, 
                inclusive, in the school district of such agency from 
                families above the poverty level as determined under 
                paragraph (4); and
                    ``(C) the number of children determined under 
                paragraph (4) for the preceding year as described in 
                that paragraph, or for the second preceding year, as 
                the Secretary finds appropriate) aged 5 to 17, 
                inclusive, in the school district of such agency in 
                institutions for neglected and delinquent children and 
                youth (other than such institutions operated by the 
                United States), but not counted pursuant to chapter 1 
                of subpart 2 of part C of title III for the purposes of 
                a grant to a State agency, or being supported in foster 
                homes with public funds.
            ``(2) Determination of number of children.--For the 
        purposes of this section, the Secretary shall determine the 
        number of children aged 5 to 17, inclusive, from families below 
        the poverty level on the basis of the most recent satisfactory 
        data, described in paragraph (3), available from the Department 
        of Commerce. The District of Columbia and the Commonwealth of 
        Puerto Rico shall be treated as individual local educational 
        agencies. If a local educational agency contains 2 or more 
        counties in their entirety, then each county will be treated as 
        if such county were a separate local educational agency for 
        purposes of calculating grants under this part. The total of 
        grants for such counties shall be allocated to such a local 
        educational agency, which local educational agency shall 
        distribute to schools in each county within such agency a share 
        of the local educational agency's total grant that is no less 
        than the county's share of the population counts used to 
        calculate the local educational agency's grant.
            ``(3) Population updates.--In fiscal year 2001 and every 2 
        years thereafter, the Secretary shall use updated data on the 
        number of children, aged 5 to 17, inclusive, from families 
        below the poverty level for counties or local educational 
        agencies, published by the Department of Commerce, unless the 
        Secretary and the Secretary of Commerce determine that use of 
        the updated population data would be inappropriate or 
        unreliable. If the Secretary and the Secretary of Commerce 
        determine that some or all of the data referred to in this 
        paragraph are inappropriate or unreliable, the Secretary and 
        the Secretary of Commerce shall publicly disclose their 
        reasons. In determining the families which are below the 
        poverty level, the Secretary shall utilize the criteria of 
        poverty used by the Bureau of the Census in compiling the most 
        recent decennial census, in such form as those criteria have 
        been updated by increases in the Consumer Price Index for all 
        urban consumers, published by the Bureau of Labor Statistics.
            ``(4) Other children to be counted.--For purposes of this 
        section, the Secretary shall determine the number of children 
        aged 5 to 17, inclusive, from families above the poverty level 
        on the basis of the number of such children from families 
        receiving an annual income, in excess of the current criteria 
        of poverty, from payments under a State program funded under 
        part A of title IV of the Social Security Act. In making such 
        determinations the Secretary shall utilize the criteria of 
        poverty used by the Bureau of the Census in compiling the most 
        recent decennial census for a family of 4 in such form as those 
        criteria have been updated by increases in the Consumer Price 
        Index for all urban consumers, published by the Bureau of Labor 
        Statistics. The Secretary shall determine the number of 
        children aged 5 through 17 living in institutions for neglected 
        or delinquent children, or being supported in foster homes with 
        public funds, on the basis of the caseload data for the month 
        of October of the preceding fiscal year (using, in the case of 
        children described in the preceding sentence, the criteria of 
        poverty and the form of such criteria required by such sentence 
        which were determined for the calendar year preceding such 
        month of October) or, to the extent that such data are not 
        available to the Secretary before January of the calendar year 
        in which the Secretary's determination is made, then on the 
        basis of the most recent reliable data available to the 
        Secretary at the time of such determination. The Secretary of 
        Health and Human Services shall collect and transmit the 
        information required by this subparagraph to the Secretary not 
        later than January 1 of each year. For the purpose of this 
        section, the Secretary shall consider all children who are in 
        correctional institutions to be living in institutions for 
        delinquent children.
            ``(5) Estimate.--When requested by the Secretary, the 
        Secretary of Commerce shall make a special updated estimate of 
        the number of children of such ages who are from families below 
        the poverty level (as determined under paragraph (2)) in each 
        school district, and the Secretary is authorized to pay (either 
        in advance or by way of reimbursement) the Secretary of 
        Commerce the cost of making this special estimate. The 
        Secretary of Commerce shall give consideration to any request 
        of the chief executive of a State for the collection of 
        additional census information. For purposes of this section, 
        the Secretary shall consider all children who are in 
        correctional institutions to be living in institutions for 
        delinquent children.
    ``(d) State Minimum.--Notwithstanding section 1122, the aggregate 
amount allotted for all local educational agencies within a State may 
not be less than the lesser of--
            ``(1) 0.25 percent of the total amount made available to 
        carry out this section for such fiscal year; or
            ``(2) the average of--
                    ``(A) 0.25 percent of the total amount made 
                available to carry out this section for such fiscal 
                year; and
                    ``(B) the number of children in such State counted 
                under subsection (c) in the fiscal year multiplied by 
                150 percent of the national average per-pupil payment 
                made with funds available under this section for that 
                fiscal year.

``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Eligibility for and Amount of Grants.--
            ``(1) Eligibility.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, each local educational agency in a 
                State that is eligible for a grant under section 1124 
                for any fiscal year is eligible for an additional grant 
                under this section for that fiscal year if the number 
                of children counted under section 1124(c) who are 
                served by the agency exceeds--
                            ``(i) 6,500; or
                            ``(ii) 15 percent of the total number of 
                        children aged 5 through 17 served by the 
                        agency.
                    ``(B) Minimum.--Notwithstanding section 1122, no 
                State shall receive under this section an amount that 
                is less than the lesser of--
                            ``(i) 0.25 percent of the total amount made 
                        available to carry out this section for such 
                        fiscal year; or
                            ``(ii) the average of--
                                    ``(I) 0.25 percent of the sums 
                                available to carry out this section for 
                                such fiscal year; and
                                    ``(II) the greater of--
                                            ``(aa) $340,000; or
                                            ``(bb) the number of 
                                        children in such State counted 
                                        for purposes of this section in 
                                        that fiscal year multiplied by 
                                        150 percent of the national 
                                        average per-pupil payment made 
                                        with funds available under this 
                                        section for that fiscal year.
            ``(2) Determination.--For each county or local educational 
        agency eligible to receive an additional grant under this 
        section for any fiscal year the Secretary shall determine the 
        product of--
                    ``(A) the number of children counted under section 
                1124(c) for that fiscal year; and
                    ``(B) the amount in section 1124(a)(1)(B) for all 
                States except the Commonwealth of Puerto Rico, and the 
                amount in section 1124(a)(3) for the Commonwealth of 
                Puerto Rico.
            ``(3) Amount.--The amount of the additional grant for which 
        an eligible local educational agency or county is eligible 
        under this section for any fiscal year shall be an amount that 
        bears the same ratio to the amount available to carry out this 
        section for that fiscal year as the product determined under 
        paragraph (2) for such local educational agency for that fiscal 
        year bears to the sum of such products for all local 
        educational agencies in the United States for that fiscal year.
            ``(4) Local allocations.--
                    ``(A) In general.--Grant amounts under this section 
                shall be calculated in the same manner as grant amounts 
                are calculated under section 1124(a) (2) and (3).
                    ``(B) Special rule.--For any fiscal year for which 
                the Secretary allocates funds under this section on the 
                basis of counties, a State may reserve not more than 2 
                percent of the amount made available to the State under 
                this section for any fiscal year to make grants to 
                local educational agencies that meet the criteria in 
                paragraph (1)(A) (i) or (ii) but that are in ineligible 
                counties.
    ``(b) Ratable Reduction Rule.--If the sums available under 
subsection (a) for any fiscal year for making payments under this 
section are not sufficient to pay in full the total amounts which all 
States are eligible to receive under subsection (a) for such fiscal 
year, the maximum amounts that all States are eligible to receive under 
subsection (a) for such fiscal year shall be ratably reduced. In the 
case that additional funds become available for making such payments 
for any fiscal year during which the preceding sentence is applicable, 
such reduced amounts shall be increased on the same basis as they were 
reduced.
    ``(c) States Receiving 0.25 Percent or Less.--In States that 
receive 0.25 percent or less of the total amount made available to 
carry out this section for a fiscal year, the State educational agency 
shall allocate such funds among the local educational agencies in the 
State--
            ``(1) in accordance with paragraphs (2) and (4) of 
        subsection (a); or
            ``(2) based on their respective concentrations and numbers 
        of children counted under section 1124(c), except that only 
        those local educational agencies with concentrations or numbers 
        of children counted under section 1124(c) that exceed the 
        statewide average percentage of such children or the statewide 
        average number of such children shall receive any funds on the 
        basis of this paragraph.

``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Eligibility of Local Educational Agencies.--
            ``(1) In general.--A local educational agency in a State is 
        eligible to receive a targeted grant under this section for any 
        fiscal year if--
                    ``(A) the number of children in the local 
                educational agency counted under section 1124(c), 
                before application of the weighted child count 
                described in subsection (c), is at least 10; and
                    ``(B) if the number of children counted for grants 
                under section 1124(c), before application of the 
                weighted child count described in subsection (c), is at 
                least 5 percent of the total number of children aged 5 
                to 17 years, inclusive, in the school district of the 
                local educational agency.
            ``(2) Special rule.--For any fiscal year for which the 
        Secretary allocates funds under this section on the basis of 
        counties, funds made available as a result of applying this 
        subsection shall be reallocated by the State educational agency 
        to other eligible local educational agencies in the State in 
        proportion to the distribution of other funds under this 
        section.
    ``(b) Grants for Local Educational Agencies, the District of 
Columbia, and the Commonwealth of Puerto Rico.--
            ``(1) In general.--The amount of the grant that a local 
        educational agency in a State (other than the Commonwealth of 
        Puerto Rico) is eligible to receive under this section for any 
        fiscal year shall be the product of--
                    ``(A) the weighted child count determined under 
                subsection (c); and
                    ``(B) the amount of the grant the local educational 
                agency is eligible to receive under section 1124(a)(1).
            ``(2) Puerto rico.--For each fiscal year, the amount of the 
        grant the Commonwealth of Puerto Rico is eligible to receive 
        under this section shall be equal to the number of children 
        counted under subsection (c) for the Commonwealth of Puerto 
        Rico, multiplied by the amount determined in section 1124(a)(4) 
        for the Commonwealth of Puerto Rico.
    ``(c) Weighted Child Count.--
            ``(1) Weights for allocations to counties.--
                    ``(A) In general.--For each fiscal year for which 
                the Secretary uses county population data to calculate 
                grants, the weighted child count used to determine a 
                county's allocation under this section is the larger of 
                the 2 amounts determined under subparagraphs (B) and 
                (C).
                    ``(B) By percentage of children.--The amount 
                referred to in subparagraph (A) is determined by 
                adding--
                            ``(i) the number of children determined 
                        under section 1124(c) for that county who 
                        constitute not more than 12.20 percent, 
                        inclusive, of the county's total population 
                        aged 5 to 17, inclusive, multiplied by 1.0;
                            ``(ii) the number of such children who 
                        constitute more than 12.20 percent, but not 
                        more than 17.70 percent, of such population, 
                        multiplied by 1.75;
                            ``(iii) the number of such children who 
                        constitute more than 17.70 percent, but not 
                        more than 22.80 percent, of such population, 
                        multiplied by 2.5;
                            ``(iv) the number of such children who 
                        constitute more than 22.80 percent, but not 
                        more than 29.70 percent, of such population, 
                        multiplied by 3.25; and
                            ``(v) the number of such children who 
                        constitute more than 29.70 percent of such 
                        population, multiplied by 4.0.
                    ``(C) By number of children.--The amount referred 
                to in subparagraph (A) is determined by adding--
                            ``(i) the number of children determined 
                        under section 1124(c) who constitute not more 
                        than 1,917, inclusive, of the county's total 
                        population aged 5 to 17, inclusive, multiplied 
                        by 1.0;
                            ``(ii) the number of such children between 
                        1,918 and 5,938, inclusive, in such population, 
                        multiplied by 1.5;
                            ``(iii) the number of such children between 
                        5,939 and 20,199, inclusive, in such 
                        population, multiplied by 2.0;
                            ``(iv) the number of such children between 
                        20,200 and 77,999, inclusive, in such 
                        population, multiplied by 2.5; and
                            ``(v) the number of such children in excess 
                        of 77,999 in such population, multiplied by 
                        3.0.
                    ``(D) Puerto rico.--Notwithstanding subparagraph 
                (A), the weighting factor for the Commonwealth of 
                Puerto Rico under this paragraph shall not be greater 
                than the total number of children counted under section 
                1124(c) multiplied by 1.72.
            ``(2) Weights for allocations to local educational 
        agencies.--
                    ``(A) In general.--For each fiscal year for which 
                the Secretary uses local educational agency data, the 
                weighted child count used to determine a local 
                educational agency's grant under this section is the 
                larger of the 2 amounts determined under subparagraphs 
                (B) and (C).
                    ``(B) By percentage of children.--The amount 
                referred to in subparagraph (A) is determined by 
                adding--
                            ``(i) the number of children determined 
                        under section 1124(c) for that local 
                        educational agency who constitute not more than 
                        14.265 percent, inclusive, of the agency's 
                        total population aged 5 to 17, inclusive, 
                        multiplied by 1.0;
                            ``(ii) the number of such children who 
                        constitute more than 14.265 percent, but not 
                        more than 21.553 percent, of such population, 
                        multiplied by 1.75;
                            ``(iii) the number of such children who 
                        constitute more than 21.553 percent, but not 
                        more than 29.223 percent, of such population, 
                        multiplied by 2.5;
                            ``(iv) the number of such children who 
                        constitute more than 29.223 percent, but not 
                        more than 36.538 percent, of such population, 
                        multiplied by 3.25; and
                            ``(v) the number of such children who 
                        constitute more than 36.538 percent of such 
                        population, multiplied by 4.0.
                    ``(C) By number of children.--The amount referred 
                to in subparagraph (A) is determined by adding--
                            ``(i) the number of children determined 
                        under section 1124(c) who constitute not more 
                        than 575, inclusive, of the agency's total 
                        population aged 5 to 17, inclusive, multiplied 
                        by 1.0;
                            ``(ii) the number of such children between 
                        576 and 1,870, inclusive, in such population, 
                        multiplied by 1.5;
                            ``(iii) the number of such children between 
                        1,871 and 6,910, inclusive, in such population, 
                        multiplied by 2.0;
                            ``(iv) the number of such children between 
                        6,911 and 42,000, inclusive, in such 
                        population, multiplied by 2.5; and
                            ``(v) the number of such children in excess 
                        of 42,000 in such population, multiplied by 
                        3.0.
                    ``(D) Puerto rico.--Notwithstanding subparagraph 
                (A), the weighting factor for the Commonwealth of 
                Puerto Rico under this paragraph shall not be greater 
                than the total number of children counted under section 
                1124(c) multiplied by 1.72.
    ``(d) Calculation of Grant Amounts.--Grant amounts under this 
section shall be calculated in the same manner as grant amounts are 
calculated under section 1124(a) (2) and (3).
    ``(e) State Minimum.--Notwithstanding any other provision of this 
section or section 1122, from the total amount available for any fiscal 
year to carry out this section, each State shall be allotted not less 
than the lesser of--
            ``(1) 0.25 percent of the total amount made available to 
        carry out this section for such fiscal year; or
            ``(2) the average of--
                    ``(A) 0.25 percent of the total amount made 
                available to carry out this section for such fiscal 
                year; and
                    ``(B) 150 percent of the national average grant 
                under this section per child described in section 
                1124(c), without application of a weighted child count, 
                multiplied by the State's total number of children 
                described in section 1124(c), without application of a 
                weighted child count.

``SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.

    ``(a) Grants.--From funds appropriated under subsection (e) the 
Secretary is authorized to make grants to States, from allotments under 
subsection (b), to carry out the purposes of this part.
    ``(b) Distribution Based Upon Fiscal Effort and Equity.--
            ``(1) In general.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), funds appropriated pursuant to 
                subsection (e) shall be allotted to each State based 
                upon the number of children aged 5 to 17, inclusive, in 
                such State multiplied by the product of--
                            ``(i) such State's effort factor described 
                        in paragraph (2); multiplied by
                            ``(ii) 1.30 minus such State's equity 
                        factor described in paragraph (3).
                    ``(B) Minimum.--For each fiscal year no State shall 
                receive under this section less than 0.25 percent of 
                the total amount appropriated under subsection (e) for 
                the fiscal year.
            ``(2) Effort factor.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the effort factor for a State shall 
                be determined in accordance with the succeeding 
                sentence, except that such factor shall not be less 
                than 0.95 nor greater than 1.05. The effort factor 
                determined under this sentence shall be a fraction the 
                numerator of which is the product of the 3-year average 
                per-pupil expenditure in the State multiplied by the 3-
                year average per capita income in the United States and 
                the denominator of which is the product of the 3-year 
                average per capita income in such State multiplied by 
                the 3-year average per-pupil expenditure in the United 
                States.
                    ``(B) Commonwealth of puerto rico.--The effort 
                factor for the Commonwealth of Puerto Rico shall be 
                equal to the lowest effort factor calculated under 
                subparagraph (A) for any State.
            ``(3) Equity factor.--
                    ``(A) Determination.--
                            ``(i) In general.--Except as provided in 
                        subparagraph (B), the Secretary shall determine 
                        the equity factor under this section for each 
                        State in accordance with clause (ii).
                            ``(ii) Computation.--
                                    ``(I) In general.--For each State, 
                                the Secretary shall compute a weighted 
                                coefficient of variation for the per-
                                pupil expenditures of local educational 
                                agencies in accordance with subclauses 
                                (II), (III), (IV), and (V).
                                    ``(II) Variation.--In computing 
                                coefficients of variation, the 
                                Secretary shall weigh the variation 
                                between per-pupil expenditures in each 
                                local educational agency and the 
                                average per-pupil expenditures in the 
                                State according to the number of pupils 
                                served by the local educational agency.
                                    ``(III) Number of pupils.--In 
                                determining the number of pupils under 
                                this paragraph served by each local 
                                educational agency and in each State, 
                                the Secretary shall multiply the number 
                                of children from low-income families by 
                                a factor of 1.4.
                                    ``(IV) Enrollment requirement.--In 
                                computing coefficients of variation, 
                                the Secretary shall include only those 
                                local educational agencies with an 
                                enrollment of more than 200 students.
                                    ``(V) Separate coefficients.--The 
                                Secretary shall compute separate 
                                coefficients of variation for 
                                elementary schools, secondary schools, 
                                and unified local educational agencies 
                                and shall combine such coefficients 
                                into a single weighted average 
                                coefficient for the State by 
                                multiplying each coefficient by the 
                                total enrollments of the local 
                                educational agencies in each group, 
                                adding such products, and dividing such 
                                sum by the total enrollments of the 
                                local educational agencies in the 
                                State.
                    ``(B) Special rule.--The equity factor for a State 
                that meets the disparity standard described in section 
                222.162 of title 34, Code of Federal Regulations (as 
                such section was in effect on the day preceding the 
                date of enactment of the Educational Opportunities Act) 
                or a State with only 1 local educational agency shall 
                be not greater than 0.10.
                    ``(C) Revisions.--The Secretary may revise each 
                State's equity factor as necessary based on the advice 
                of independent education finance scholars to reflect 
                other need-based costs of local educational agencies in 
                addition to low-income student enrollment, such as 
                differing geographic costs, costs associated with 
                students with disabilities, children with limited 
                English-proficiency or other meaningful educational 
                needs, which deserve additional support. In addition, 
                after obtaining the advice of independent education 
                finance scholars, the Secretary may revise each State's 
                equity factor to incorporate other valid and accepted 
                methods to achieve adequacy of educational opportunity 
                that may not be reflected in a coefficient of variation 
                method.
    ``(c) Use of Funds.--All funds awarded to each State under this 
section shall be allocated to local educational agencies and schools on 
a basis consistent with the distribution of other funds to such 
agencies and schools under sections 1124, 1124A, and 1125 to carry out 
activities under this part.
    ``(d) Maintenance of Effort.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        State is entitled to receive its full allotment of funds under 
        this section for any fiscal year if the Secretary finds that 
        either the combined fiscal effort per student or the aggregate 
        expenditures within the State with respect to the provision of 
        free public education for the fiscal year preceding the fiscal 
        year for which the determination is made was not less than 90 
        percent of such combined fiscal effort or aggregate 
        expenditures for the second fiscal year preceding the fiscal 
        year for which the determination is made.
            ``(2) Reduction of funds.--The Secretary shall reduce the 
        amount of funds awarded to any State under this section in any 
        fiscal year in the exact proportion to which the State fails to 
        meet the requirements of paragraph (1) by falling below 90 
        percent of both the fiscal effort per student and aggregate 
        expenditures (using the measure most favorable to the State), 
        and no such lesser amount shall be used for computing the 
        effort required under paragraph (1) for subsequent years.
            ``(3) Waivers.--The Secretary may waive, for 1 fiscal year 
        only, the requirements of this subsection if the Secretary 
        determines that such a waiver would be equitable due to 
        exceptional or uncontrollable circumstances such as a natural 
        disaster or a precipitous and unforeseen decline in the 
        financial resources of the State.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $200,000,000 for fiscal year 
2001 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.

``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.

    ``(a) Allocations for Neglected Children.--
            ``(1) In general.--If a State educational agency determines 
        that a local educational agency in the State is unable or 
        unwilling to provide for the special educational needs of 
        children who are living in institutions for neglected or 
        delinquent children as described in section 1124(c)(1)(C), the 
        State educational agency shall, if such agency assumes 
        responsibility for the special educational needs of such 
        children, receive the portion of such local educational 
        agency's allocation under sections 1124, 1124A, and 1125 that 
        is attributable to such children.
            ``(2) Special rule.--If the State educational agency does 
        not assume such responsibility, any other State or local public 
        agency that does assume such responsibility shall receive that 
        portion of the local educational agency's allocation.
    ``(b) Allocations Among Local Educational Agencies.--The State 
educational agency may allocate the amounts of grants under sections 
1124, 1124A, and 1125 among the affected local educational agencies--
            ``(1) if 2 or more local educational agencies serve, in 
        whole or in part, the same geographical area;
            ``(2) if a local educational agency provides free public 
        education for children who reside in the school district of 
        another local educational agency; or
            ``(3) to reflect the merger, creation, or change of 
        boundaries of 1 or more local educational agencies.
    ``(c) Reallocation.--If a State educational agency determines that 
the amount of a grant a local educational agency would receive under 
sections 1124, 1124A, and 1125 is more than such local educational 
agency will use, the State educational agency shall make the excess 
amount available to other local educational agencies in the State that 
need additional funds in accordance with criteria established by the 
State educational agency.

``SEC. 1127. CARRYOVER AND WAIVER.

    ``(a) Limitation on Carryover.--Notwithstanding section 421 of the 
General Education Provisions Act or any other provision of law, not 
more than 15 percent of the funds allocated to a local educational 
agency for any fiscal year under this subpart (but not including funds 
received through any reallocation under this subpart) may remain 
available for obligation by such agency for one additional fiscal year.
    ``(b) Waiver.--A State educational agency may, once every 3 years, 
waive the percentage limitation in subsection (a) if--
            ``(1) the agency determines that the request of a local 
        educational agency is reasonable and necessary; or
            ``(2) supplemental appropriations for this subpart become 
        available.
    ``(c) Exclusion.--The percentage limitation under subsection (a) 
shall not apply to any local educational agency that receives less than 
$50,000 under this subpart for any fiscal year.''.

SEC. 120D. ESTABLISHMENT OF THE CHILD CENTERED PROGRAM.

    Part A of title I (20 U.S.C. 6311 et seq.) is amended by adding at 
the end the following:

                  ``Subpart 3--Child Centered Program

``SEC. 1131. DEFINITIONS.

    ``In this subpart:
            ``(1) Eligible child.--The term `eligible child' means a 
        child who--
                    ``(A) is eligible to be counted under section 
                1124(c); or
                    ``(B)(i) the State or participating local 
                educational agency elects to serve under this subpart; 
                and
                    ``(ii) is a child eligible to be served under this 
                part pursuant to section 1115(b).
            ``(2) Participating local educational agency.--The term 
        `participating local educational agency' means a local 
        educational agency that elects under section 1133(b) to carry 
        out a child centered program under this subpart.
            ``(3) School.--The term `school' means an institutional day 
        or residential school that provides elementary or secondary 
        education, as determined under State law, except that such term 
        does not include any school that provides education beyond 
        grade 12.
            ``(4) Supplemental education services.--The term 
        `supplemental education services' means educational services 
        intended--
                    ``(A) to meet the individual educational needs of 
                eligible children; and
                    ``(B) to enable eligible children to meet 
                challenging State curriculum, content, and student 
                performance standards.
            ``(5) Tutorial assistance providers.--The term `tutorial 
        assistance provider' means a public or private entity that--
                    ``(A) has a record of effectiveness in providing 
                tutorial assistance to school children; or
                    ``(B) uses instructional practices based on 
                scientific research.

``SEC. 1132. CHILD CENTERED PROGRAM FUNDING.

    ``(a) Funding.--Notwithstanding any other provision of law, not 
more than 10 States and not more than 20 participating local 
educational agencies may use the funds made available under subparts 1 
and 2, and shall use the funds made available under subsection (c), to 
carry out a child centered program under this subpart.
    ``(b) Participating Local Educational Agency Election.--
            ``(1) In general.--If a State does not carry out a child 
        centered program under this subpart or does not have an 
        application approved under section 1134 for a fiscal year, a 
        local educational agency in the State may elect to carry out a 
        child centered program under this subpart, and the Secretary 
        shall provide the funds that the local educational agency (with 
        an application approved under section 1134) is eligible to 
        receive under subparts 1 and 2, and subsection (c), directly to 
        the local educational agency to enable the local educational 
        agency to carry out the child centered program.
            ``(2) Submission approval.--In order to be eligible to 
        carry out a child centered program under this subpart a 
        participating local educational agency shall obtain from the 
        State approval of the submission, but not the contents, of the 
        application submitted under section 1134.
    ``(c) Incentive Grants.--
            ``(1) In general.--From amounts appropriated under 
        paragraph (3) for a fiscal year the Secretary shall award 
        grants to each State, or participating local educational agency 
        described in subsection (b), that elects to carry out a child 
        centered program under this subpart and has an application 
        approved under section 1134, to enable the State or 
        participating local educational agency to carry out the child 
        centered program.
            ``(2) Amount.--Each State or participating local 
        educational agency that elects to carry out a child centered 
        program under this subpart and has an application approved 
        under section 1134 for a fiscal year shall receive a grant in 
        an amount that bears the same relation to the amount 
        appropriated under paragraph (3) for the fiscal year as the 
        amount the State or participating local educational agency 
        received under subparts 1 and 2 for the fiscal year bears to 
        the amount all States and participating local educational 
        agencies carrying out a child centered program under this 
        subpart received under subparts 1 and 2 for the fiscal year.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated $500,000,000 to carry out this 
        subsection for fiscal year 2000 and each of the 4 succeeding 
        fiscal years.

``SEC. 1133. CHILD CENTERED PROGRAM REQUIREMENTS.

    ``(a) Uses.--Each State or participating local educational agency 
with an application approved under section 1134 shall use funds made 
available under subparts 1 and 2, and subsection (c), to carry out a 
child centered program under which--
            ``(1) the State or participating local educational agency 
        establishes a per pupil amount based on the number of eligible 
        children in the State or the school district served by the 
        participating local educational agency; and
            ``(2) the State or participating local educational agency 
        may vary the per pupil amount to take into account factors that 
        may include--
                    ``(A) variations in the cost of providing 
                supplemental education services in different parts of 
                the State or the school district served by the 
                participating local educational agency;
                    ``(B) the cost of providing services to pupils with 
                different educational needs; or
                    ``(C) the desirability of placing priority on 
                selected grades; and
            ``(3) in the case of a child centered program for eligible 
        children at a public school, the State or the participating 
        local educational agency makes available, not later than 3 
        months after the beginning of the school year, the per pupil 
        amount determined under paragraphs (1) and (2) to the public 
        school in which an eligible child is enrolled, which per pupil 
        amount shall be used for supplemental education services for 
        the eligible child that are--
                    ``(A) subject to subparagraph (B), provided by the 
                school directly or through the provision of 
                supplemental education services with any governmental 
                or nongovernmental agency, school, postsecondary 
                educational institution, or other entity, including a 
                private organization or business; or
                    ``(B) if directed by the parent of an eligible 
                child, provided by the school or local educational 
                agency through a school-based program or through the 
                provision of supplemental education services with a 
                tutorial service provider, and in the case that a 
                parent directs that the services be provided through a 
                tutorial assistance provider, the school or local 
                educational agency shall ensure that the provider 
                selected by the parent is reimbursed (not to exceed the 
                per pupil amount) for their tutorial services following 
                notification to the school or local educational agency 
                by the parent that those services were provided in a 
                satisfactory manner.
    ``(b) Schoolwide Programs.--
            ``(1) In general.--In the case of a public school in which 
        50 percent of the students enrolled in the school are eligible 
        children, the public school may use funds provided under this 
        subpart, in combination with other Federal, State, and local 
        funds, to carry out a schoolwide program to upgrade the entire 
        educational program in the school.
            ``(2) Plan.--If the public school elects to use funds 
        provided under this part in accordance with paragraph (1), and 
        does not have a plan approved by the Secretary under section 
        1114(b)(2), the public school shall develop and adopt a 
        comprehensive plan for reforming the entire educational program 
        of the public school that--
                    ``(A) incorporates--
                            ``(i) strategies for improving achievement 
                        for all children to meet the State's proficient 
                        and advanced levels of performance described in 
                        section 1111(b);
                            ``(ii) instruction by highly qualified 
                        staff;
                            ``(iii) professional development for 
                        teachers and aides in content areas in which 
                        the teachers or aides provide instruction and, 
                        where appropriate, professional development for 
                        pupil services personnel, parents, and 
                        principals, and other staff to enable all 
                        children in the school to meet the State's 
                        student performance standards; and
                            ``(iv) activities to ensure that eligible 
                        children who experience difficulty mastering 
                        any of the standards described in section 
                        1111(b) during the course of the school year 
                        shall be provided with effective, timely 
                        additional assistance;
                    ``(B) describes the school's use of funds provided 
                under this subpart and from other sources to implement 
                the activities described in subparagraph (A);
                    ``(C) includes a list of State and local 
                educational agency programs and other Federal programs 
                that will be included in the schoolwide program;
                    ``(D) describes how the school will provide 
                individual student assessment results, including an 
                interpretation of those results, to the parents of an 
                eligible child who participates in the assessment; and
                    ``(E) describes how and where the school will 
                obtain technical assistance services and a description 
                of such services.
            ``(3) Special rule.--In the case of a public school 
        operating a schoolwide program under this subsection, the 
        Secretary may, through publication of a notice in the Federal 
        Register, exempt child centered programs under this section 
        from statutory or regulatory requirements of any other 
        noncompetitive formula grant program administered by the 
        Secretary, or any discretionary grant program administered by 
        the Secretary (other than formula or discretionary grant 
        programs under the Individuals with Disabilities Education 
        Act), to support the schoolwide program, if the intent and 
        purposes of such other noncompetitive or discretionary programs 
        are met.
    ``(c) Private School Children.--A State or participating local 
educational agency carrying out a child centered program under this 
subpart shall ensure that eligible children who are enrolled in a 
private school receive supplemental education services in the same 
manner as such services are provided under section 1120.
    ``(d) Open Enrollment.--
            ``(1) In general.--In order to be eligible to carry out a 
        child centered program under this subpart a State or 
        participating local educational agency shall operate a 
        statewide or school district wide, respectively, open 
        enrollment program that permits parents to enroll their child 
        in any public school in the State or school district, 
        respectively, if space is available in the public school and 
        the child meets the qualifications for attendance at the public 
        school.
            ``(2) Waiver.--The Secretary may waive paragraph (1) for a 
        State or participating local educational agency if the State or 
        agency, respectively, demonstrates that parents served by the 
        State or agency, respectively--
                    ``(A) have sufficient options to enroll their child 
                in multiple public schools; or
                    ``(B) will have sufficient options to use the per 
                pupil amount made available under this subpart to 
                purchase supplemental education services from multiple 
                tutorial assistance providers or schools.
    ``(e) Parent Involvement.--
            ``(1) In general.--Any public school receiving funds under 
        this subpart shall convene an annual meeting at a convenient 
        time. All parents of eligible children shall be invited and 
        encouraged to attend the meeting, in order to explain to the 
        parents the activities assisted under this subpart and the 
        requirements of this subpart. At the meeting, the public school 
        shall explain to parents how the school will use funds provided 
        under this subpart to enable eligible children enrolled at the 
        school to meet challenging State curriculum, content, and 
        student performance standards. In addition, the public school 
        shall inform parents of their right to choose to have 
        supplemental education services provided under this subpart to 
        an eligible child through a school-based program or a tutorial 
        assistance provider.
            ``(2) Information.--Any public school receiving funds under 
        this subpart shall provide to parents a description and 
        explanation of the curriculum in use at the school, the forms 
        of assessment used to measure student progress, and the 
        proficiency levels students are expected to meet.

``SEC. 1134. APPLICATION.

    ``(a) In General.--Each State or participating local educational 
agency desiring to carry out a child centered program under this 
subpart shall submit an application to the Secretary at such time, in 
such manner, and accompanied by such information as the Secretary may 
require. Each such application shall contain--
            ``(1) a detailed description of the program to be assisted, 
        including an assurance that--
                    ``(A) the per pupil amount established under 
                section 1133(a) will follow each eligible child 
                described in that section to the school or tutorial 
                assistance provider of the parent's choice;
                    ``(B) funds made available under this subpart will 
                be spent in accordance with the requirements of this 
                subpart; and
                    ``(C) parents have the option to select to have 
                their child receive the supplemental education services 
                from multiple tutorial assistance providers and 
                schools;
            ``(2) an assurance that the State or participating local 
        educational agency will publish in a widely read or distributed 
        medium an annual report card that contains--
                    ``(A) information regarding the academic progress 
                of all students served by the State or participating 
                local educational agency in meeting State standards, 
                including students assisted under this subpart, with 
                results disaggregated by race, family income, and 
                limited English proficiency, if such disaggregation can 
                be performed in a statistically sound manner; and
                    ``(B) such other information as the State or 
                participating local educational agency may require;
            ``(3) a description of how the State or participating local 
        educational agency will make available, to parents of children 
        participating in the child centered program, annual school 
        report cards, with results disaggregated by race, family 
        income, and limited English proficiency, for schools in the 
        State or in the school district of the participating local 
        educational agency;
            ``(4) in the case of an application from a participating 
        local educational agency, an assurance that the participating 
        local educational agency has notified the State regarding the 
        submission of the application;
            ``(5) a description of specific measurable objectives for 
        improving the student performance of students served under this 
        subpart;
            ``(6) a description of the process by which the State or 
        participating local educational agency will measure progress in 
        meeting the objectives;
            ``(7)(A) in the case of an application from a State, an 
        assurance that the State meets the requirements of subsections 
        (a), (b) and (f) of section 1111 as applied to activities 
        assisted under this subpart; and
            ``(B) in the case of an application from a participating 
        local educational agency, an assurance that the State's 
        application under section 1111 met the requirements of 
        subsections (a), (b) and (f) of such section; and
            ``(8) an assurance that each local educational agency 
        serving a school that receives funds under this subpart will 
        meet the requirements of subsections (a) and (c) of section 
        1116 as applied to activities assisted under this subpart.

``SEC. 1135. ADMINISTRATIVE PROVISIONS.

    ``(a) Program Duration.--A State or participating local educational 
agency shall carry out a child centered program under this subpart for 
a period of 5 years.
    ``(b) Administrative Costs.--A State may reserve 2 percent of the 
funds made available to the State under this subpart, and a 
participating local educational agency may reserve 5 percent of the 
funds made available to the participating local educational agency 
under this subpart, to pay the costs of administrative expenses of the 
child centered program. The costs may include costs of providing 
technical assistance to schools receiving funds under this subpart, in 
order to increase the opportunity for all students in the schools to 
meet the State's content standards and student performance standards. 
The technical assistance may be provided directly by the State 
educational agency, local educational agency, or, with a local 
educational agency's approval, by an institution of higher education, 
by a private nonprofit organization, by an educational service agency, 
by a comprehensive regional assistance center, or by another entity 
with experience in helping schools improve student achievement.
    ``(c) Reports.--
            ``(1) Annual reports.--
                    ``(A) In general.--The State educational agency 
                serving each State, and each participating local 
                educational agency, carrying out a child centered 
                program under this subpart shall submit to the 
                Secretary an annual report, that is consistent with 
                data provided under section 1134(a)(2)(A), regarding 
                the performance of eligible children receiving 
                supplemental education services under this subpart.
                    ``(B) Data.--Not later than 2 years after 
                establishing a child centered program under this 
                subpart and each year thereafter, each State or 
                participating local educational agency shall include in 
                the annual report data on student achievement for 
                eligible children served under this subpart with 
                results disaggregated by race, family income, and 
                limited English proficiency, demonstrating the degree 
                to which measurable progress has been made toward 
                meeting the objectives described in section 1134(a)(5).
                    ``(C) Data assurances.--Each annual report shall 
                include--
                            ``(i) an assurance from the managers of the 
                        child centered program that data used to 
                        measure student achievement under subparagraph 
                        (B) is reliable, complete, and accurate, as 
                        determined by the State or participating local 
                        educational agency; or
                            ``(ii) a description of a plan for 
                        improving the reliability, completeness, and 
                        accuracy of such data as determined by the 
                        State or participating local educational 
                        agency.
            ``(2) Secretary's report.--The Secretary shall make each 
        annual report available to Congress, the public, and the 
        Comptroller General of the United States (for purposes of the 
        evaluation described in section 1136).
    ``(d) Termination.--Three years after the date a State or 
participating local educational agency establishes a child centered 
program under this subpart the Secretary shall review the performance 
of the State or participating local educational agency in meeting the 
objectives described in section 1134(a)(5). The Secretary, after 
providing notice and an opportunity for a hearing, may terminate the 
authority of the State or participating local educational agency to 
operate a child centered program under this subpart if the State or 
participating local educational agency submitted data that indicated 
the State or participating local educational agency has not made any 
progress in meeting the objectives.
    ``(e) Treatment of Amounts Received.--The per pupil amount provided 
under this subpart for an eligible child shall not be treated as income 
of the eligible child or the parent of the eligible child for purposes 
of Federal tax laws, or for determining the eligibility for or amount 
of any other Federal assistance.

``SEC. 1136. EVALUATION.

    ``(a) Annual Evaluation.--
            ``(1) Contract.--The Comptroller General of the United 
        States shall enter into a contract, with an evaluating entity 
        that has demonstrated experience in conducting evaluations, for 
        the conduct of an ongoing rigorous evaluation of child centered 
        programs under this subpart.
            ``(2) Annual evaluation requirement.--The contract 
        described in paragraph (1) shall require the evaluating entity 
        entering into such contract to annually evaluate each child 
        centered program under this subpart in accordance with the 
        evaluation criteria described in subsection (b).
            ``(3) Transmission.--The contract described in paragraph 
        (1) shall require the evaluating entity entering into such 
        contract to transmit to the Comptroller General of the United 
        States the findings of each annual evaluation under paragraph 
        (2).
    ``(b) Evaluation Criteria.--The Comptroller General of the United 
States, in consultation with the Secretary, shall establish minimum 
criteria for evaluating the child centered programs under this subpart. 
Such criteria shall provide for a description of--
            ``(1) the implementation of each child centered program 
        under this subpart;
            ``(2) the effects of the programs on the level of parental 
        participation and satisfaction with the programs; and
            ``(3) the effects of the programs on the educational 
        achievement of eligible children participating in the programs.

``SEC. 1137. REPORTS.

    ``(a) Reports by Comptroller General.--
            ``(1) Interim reports.--Three years after the date of 
        enactment of this subpart the Comptroller General of the United 
        States shall submit an interim report to Congress on the 
        findings of the annual evaluations under section 1136(a)(2) for 
        each child centered program assisted under this subpart. The 
        report shall contain a copy of the annual evaluation under 
        section 1136(a)(2) of each child centered program under this 
        subpart.
            ``(2) Final report.--The Comptroller General shall submit a 
        final report to Congress, not later than March 1, 2006, that 
        summarizes the findings of the annual evaluations under section 
        1136(a)(2).''.

``SEC. 1138. LIMITATION ON CONDITIONS; PREEMPTION.

    ``Nothing in this subpart shall be construed--
            ``(1) to authorize or permit an officer or employee of the 
        Federal Government to mandate, direct, or control a State, 
        local educational agency, or school's specific instructional 
        content or student performance standards and assessments, 
        curriculum, or program of instruction, as a condition of 
        eligibility to receive funds under this subpart; and
            ``(2) to preempt any provision of a State constitution or 
        State statute that pertains to the expenditure of State funds 
        in or by religious institutions.''.

              PART B--EVEN START FAMILY LITERACY PROGRAMS

SEC. 121. EVEN START FAMILY LITERACY PROGRAMS.

    (a) Program Authorized.--
            (1) Reservation for migrant programs, outlying areas, and 
        indian tribes.--Section 1202(a) (20 U.S.C. 6362(a)) is 
        amended--
                    (A) in paragraph (1), by inserting ``(or, if such 
                appropriated amount exceeds $250,000,000, 6 percent of 
                such amount)'' after ``1002(b)'';
                    (B) in paragraph (2), by striking ``If the amount 
                of funds made available under this subsection exceeds 
                $4,600,000,'' and inserting ``After the date of the 
                enactment of the Educational Opportunities Act,''; and
                    (C) by adding at the end the following:
            ``(3) Coordination of programs for american indians.--The 
        Secretary shall ensure that programs under paragraph (1)(C) are 
        coordinated with family literacy programs operated by the 
        Bureau of Indian Affairs in order to avoid duplication and to 
        encourage the dissemination of information on high-quality 
        family literacy programs serving American Indians.''.
            (2) Reservation for federal activities.--Section 1202(b) 
        (20 U.S.C. 6362(b)) is amended to read as follows:
    ``(b) Reservation for Federal Activities.--
            ``(1) Evaluation, technical assistance, program 
        improvement, and replication activities.--From amounts 
        appropriated under section 1002(b), the Secretary may reserve 
        not more than 3 percent of such amounts or the amount reserved 
        to carry out the activities described in paragraphs (1) and (2) 
        of subsection (a) for the fiscal year 1994, whichever is 
        greater, for purposes of--
                    ``(A) carrying out the evaluation required by 
                section 1209; and
                    ``(B) providing, through grants or contracts with 
                eligible organizations, technical assistance, program 
                improvement, and replication activities.
            ``(2) Research.--In the case of fiscal years 2001 through 
        2005, if the amounts appropriated under section 1002(b) for any 
        of such years exceed such amounts appropriated for the 
        preceding fiscal year, the Secretary shall reserve from such 
        excess amount $2,000,000 or 50 percent, whichever is less, to 
        carry out section 1211.''.
            (3) Reservation for grants.--Section 1202(c) (20 U.S.C. 
        6362(c)) is amended--
                    (A) in the subsection heading, by striking ``for 
                Grants'' and inserting ``for Statewide Family Literacy 
                Initiatives''; and
                    (B) by striking ``From funds reserved under section 
                2260(b)(3), the Secretary shall'' and inserting ``From 
                funds appropriated under section 1002(b) for any fiscal 
                year, the Secretary may''.
    (c) State Plan.--Part B of title I (20 U.S.C. 6361 et seq.) is 
amended by inserting after section 1202 (20 U.S.C. 6362) the following:

``SEC. 1202A. STATE PLAN.

    ``(a) Contents.--Each State that desires to receive a grant under 
this part shall submit a plan to the Secretary containing such 
budgetary and other information as the Secretary may require. Each plan 
shall--
            ``(1) include the State's indicators of program quality 
        developed under section 1210, or if the State has not completed 
        work on those indicators, describe the State's progress in 
        developing the indicators;
            ``(2) describe how the State is using, or will use, the 
        indicators to monitor, evaluate, and improve projects the State 
        assists under this part, and to decide whether to continue to 
        assist those projects;
            ``(3) describe how the State will help each program 
        assisted under this part ensure the full implementation of the 
        program elements described in section 1205, including how the 
        State will encourage local programs to use technology, such as 
        distance learning, to improve program access and the intensity 
        of services, especially for isolated populations;
            ``(4) describe how the State will conduct competition for 
        subgrants, including the application of the criteria described 
        in section 1208; and
            ``(5) describe how the State will coordinate resources, 
        especially among State agencies, to improve family literacy 
        services in the State.
    ``(b) Duration.--Each State plan shall--
            ``(1) be submitted for the first year for which this part 
        is in effect after the date of enactment of the Educational 
        Opportunities Act;
            ``(2) remain in effect for the duration of the State's 
        participation under this part; and
            ``(3) be periodically reviewed and revised by the State, as 
        necessary.''.
    (d) Uses of Funds.--Section 1204 (20 U.S.C. 6364) is amended--
            (1) in subsection (b)(1)(A)--
                    (A) in clause (iv), by striking ``and'' after the 
                semicolon; and
                    (B) by striking clause (v) and inserting the 
                following:
                            ``(v) 50 percent in the fifth, sixth, 
                        seventh, and eighth such years; and
                            ``(vi) 35 percent in any subsequent such 
                        year.''; and
            (2) by adding at the end the following:
    ``(c) Use of Funds for Family Literacy Services.--
            ``(1) In general.--A State may use a portion of funds 
        received under this part to assist eligible entities receiving 
        a subgrant under section 1203(b) in improving the quality of 
        family literacy services provided under Even Start programs 
        under this part, except that in no case may a State's use of 
        funds for this purpose for a fiscal year result in a decrease 
        from the level of activities and services provided to program 
        participants in the preceding year.
            ``(2) Priority.--In carrying out paragraph (1), a State 
        shall give priority to programs that were of low quality, as 
        evaluated based on the indicators of program quality developed 
        by the State under section 1210.
            ``(3) Technical assistance and training.--Assistance under 
        paragraph (1) shall be in the form of technical assistance and 
        training, provided by a State through a grant, contract, or 
        cooperative agreement with an entity that has experience in 
        offering high quality training and technical assistance to 
        family literacy providers.''.
    (e) Program Elements.--Section 1205 (20 U.S.C. 6365) is amended--
            (1) by amending paragraph (4) to read as follows:
            ``(4) provide high-quality, intensive family literacy 
        services using instructional approaches that the best available 
        research on reading indicates will be most effective in 
        building adult literacy and children's language development and 
        reading ability;'';
            (2) by amending paragraph (7) to read as follows:
            ``(7) use methods that ensure that participating families 
        successfully complete the program, including--
                    ``(A) operating a year-round program, including 
                continuing to provide some instructional services for 
                participants during the summer months;
                    ``(B) providing developmentally appropriate 
                educational services for at least a 3-year age range of 
                children;
                    ``(C) encouraging participating families to 
                regularly attend and remain in the program for a 
                sufficient time to meet their program goals; and
                    ``(D) promoting the continuity of family literacy 
                services across critical points in the lives of 
                children and their parents so that those individuals 
                can retain and improve their educational outcomes;'';
            (3) by amending paragraph (10) to read as follows:
            ``(10) provide for an independent evaluation of the program 
        to be used for program improvement.'';
            (4) by redesignating paragraphs (9) and (10) (as so 
        amended) as paragraphs (10) and (11), respectively; and
            (5) by inserting after paragraph (8) the following:
            ``(9) use instructional programs based on scientifically 
        based reading research (as defined in section 2252) for 
        children and, to the extent such research is available, for 
        adults;''.
    (f) Eligible Participants.--Section 1206(b) (20 U.S.C. 6366(b)) is 
amended by adding at the end the following:
            ``(3) Children 8 years of age or older.--If an Even Start 
        program assisted under this part collaborates with a program 
        under part A, and funds received under such part A program 
        contribute to paying the cost of providing programs under this 
        part to children 8 years of age or older, the Even Start 
        program, notwithstanding subsection (a)(2), may permit the 
        participation of children 8 years of age or older.''.
    (g) Application.--
            (1) Plan.--Section 1207(c)(1)(F) (20 U.S.C. 6367(c)(1)(F)) 
        is amended--
                    (A) by striking ``Act, the Goals 2000: Educate 
                America Act,'' and inserting ``Act''; and
                    (B) by striking ``14306'' and inserting ``6506''.
            (2) Consolidated application.--Section 1207(d) (20 U.S.C. 
        6367(d)) is amended by striking ``14302'' and inserting 
        ``6502''.
    (h) Award of Subgrants.--
            (1) Review panel.--The matter preceding subparagraph (A) of 
        section 1208(a)(3) (20 U.S.C. 6368(a)(3)) is amended--
                    (A) by inserting ``and one individual with 
                expertise in family literacy programs.'' after 
                ``education professional,''; and
                    (B) by striking ``and one or more of the following 
                individuals:'' and inserting ``The review panel may 
                include other individuals such as one or more of the 
                following:''.
            (2) Continuing eligibility; federal share.--Section 1208(b) 
        (20 U.S.C. 6368(b)) is amended--
                    (A) by striking paragraph (3) and inserting the 
                following:
            ``(3) Continuing eligibility.--In awarding subgrant funds 
        to continue a program under this part after the first year, the 
        State educational agency shall review the progress of each 
        eligible entity in meeting the goals of the program referred to 
        in section 1207(c)(1)(A) and shall evaluate the program based 
        on the indicators of program quality developed by the State 
        under section 1210.''; and
                    (B) in paragraph (5)--
                            (i) in subparagraph (A), by striking the 
                        last sentence; and
                            (ii) by amending subparagraph (B) to read 
                        as follows:
            ``(B) The Federal share of any subgrant renewed under 
        subparagraph (A) shall be limited in accordance with section 
        1204(b).''.
    (i) Indicators of Program Quality.--Section 1210 (20 U.S.C. 6369a) 
is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Each'' and inserting ``Not later than September 30, 2000, 
        each''; and
            (2) by adding at the end the following:
            ``(3) With respect to a program's implementation of high-
        quality, intensive family literacy services, specific levels of 
        intensity of those services and the duration of individuals' 
        participation that are necessary to result in the outcomes 
        described in paragraphs (1) and (2), which levels the State 
        periodically shall review and revise as needed to achieve those 
        outcomes.''.
    (j) Research.--Section 1211 (20 U.S.C. 6369b) is amended to read as 
follows:

``SEC. 1211. RESEARCH.

    ``(a) In General.--From amounts reserved under section 1202(b)(2), 
the Secretary, in consultation with the National Institute for Literacy 
and other appropriate organizations, may carry out, directly or through 
grants or contracts, research on family literacy services, including--
            ``(1) scientifically based research on the development of 
        reading and literacy in young children;
            ``(2) the most effective ways of improving the literacy 
        skills of adults with reading difficulties; and
            ``(3) how family literacy services can best provide parents 
        with the knowledge and skills the parents need to support their 
        children's literacy development.
    ``(b) Dissemination.--The Secretary shall ensure the dissemination, 
through the National Institute for Literacy and other appropriate 
means, of the results of the research conducted under subsection 
(a).''.

                PART C--EDUCATION OF MIGRATORY CHILDREN

SEC. 131. PROGRAM PURPOSE.

    Section 1301 (20 U.S.C. 6391) is amended--
            (1) by redesignating paragraphs (2) through (5) as 
        paragraphs (3) through (7), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) ensure that migratory children who move among the 
        States are not penalized in any manner by disparities among the 
        States in curriculum, graduation requirements, and State 
        student performance and content standards;'';
            (3) in paragraph (5) (as so redesignated), by striking 
        ``and'' after the semicolon;
            (4) in paragraph (6) (as so redesignated), by striking the 
        period and inserting ``; and''; and
            (5) by adding at the end the following:
            ``(7) ensure that migratory children receive full and 
        appropriate opportunities to meet the same challenging State 
        content and student performance standards that all children are 
        expected to meet.''.

SEC. 132. STATE APPLICATION.

    Section 1304 (20 U.S.C. 6394) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``a 
                comprehensive'' and all that follows through ``1306;'' 
                and inserting ``the full range of services that are 
                available for migratory children from appropriate 
                local, State, and Federal educational programs;'';
                    (B) by redesignating paragraphs (2) through (6) as 
                paragraphs (3) through (7), respectively; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) a description of joint planning efforts that will be 
        made with respect to programs assisted under this Act, local, 
        State, and Federal programs, and bilingual education programs 
        under part A of title VII;''; and
            (2) in subsection (c), by amending paragraph (3) to read as 
        follows:
            ``(3) in the planning and operation of programs and 
        projects at both the State and local agency operating level 
        there is consultation with parent advisory councils for 
        programs of one school year in duration, and that all such 
        programs and projects are carried out--
                    ``(A) in a manner consistent with section 1118 
                unless extraordinary circumstances make implementation 
                with such section impractical; and
                    ``(B) in a format and language understandable to 
                the parents;''.

SEC. 133. COMPREHENSIVE PLAN.

    Section 1306(a)(1) (20 U.S.C. 6396(a)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``the Goals 2000: Educate America 
                Act,''; and
                    (B) by striking ``14306'' and inserting ``6506''; 
                and
            (2) in subparagraph (B), by striking ``14302;'' and 
        inserting ``6502, if--
                            ``(i) the special needs of migratory 
                        children are specifically addressed in the 
                        comprehensive State plan;
                            ``(ii) the comprehensive State plan is 
                        developed in collaboration with parents of 
                        migratory children; and
                            ``(iii) the comprehensive State planning is 
                        not used to supplant State efforts regarding, 
                        or administrative funding for, this part;''.

SEC. 134. COORDINATION.

    Section 1308 (20 U.S.C. 6398) is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Access to Information on Migrant Students.--
            ``(1) National system.--(A) The Secretary shall establish a 
        national system for electronically exchanging, among the 
        States, health and educational information regarding all 
        students served under this part. Such information shall 
        include--
                    ``(i) immunization records and other health 
                information;
                    ``(ii) elementary and secondary academic history 
                (including partial credit), credit accrual, and results 
                from State assessments required under this title;
                    ``(iii) other academic information essential to 
                ensuring that migrant children achieve to high 
                standards; and
                    ``(iv) eligibility for services under the 
                Individuals with Disabilities Education Act.
            ``(B) The Secretary shall publish, not later than 120 days 
        after the date of enactment of the Educational Opportunities 
        Act, a notice in the Federal Register seeking public comment on 
        the proposed data elements that each State receiving funds 
        under this part shall be required to collect for purposes of 
        electronic transfer of migrant student information, the 
        requirements for immediate electronic access to such 
        information, and the educational agencies eligible to access 
        such information.
            ``(C) Such system of electronic access to migrant student 
        information shall be operational not later than 1 year after 
        the date of enactment of the Educational Opportunities Act.
            ``(D) For the purpose of carrying out this subsection in 
        any fiscal year, the Secretary shall reserve not more than 
        $10,000,000 of the amount appropriated to carry out this part 
        for such year.
            ``(2) Report to congress.--(A) Not later than April 30, 
        2002, the Secretary shall report to the Committee on Health, 
        Education, Labor, and Pensions of the Senate and the Committee 
        on Education and the Workforce of the House of Representatives 
        the Secretary's findings and recommendations regarding services 
        under this part, and shall include in this report, 
        recommendations for the interim measures that may be taken to 
        ensure continuity of services under this part.
            ``(B) The Secretary shall assist States in developing 
        effective methods for the transfer of student records and in 
        determining the number of students or full-time equivalent 
        students in each State if such interim measures are 
        required.''.
            (2) in subsection (c), by striking ``$6,000,000'' and 
        inserting ``$10,000,000'';
            (3) in subsection (d)(1), by striking ``$1,500,000'' and 
        inserting ``$3,000,000''; and
            (4) by adding at the end the following:
    ``(e) Data Collection.--The Secretary shall direct the National 
Center for Education Statistics to collect data on migratory 
children.''.

                      PART D--PARENTAL ASSISTANCE

SEC. 141. PARENTAL ASSISTANCE.

    Part D of title I (20 U.S.C. 6421 et seq.) is amended to read as 
follows:

                     ``PART D--PARENTAL ASSISTANCE

``SEC. 1401. PARENTAL INFORMATION AND RESOURCE CENTERS.

    ``(a) Purpose.--The purpose of this part is--
            ``(1) to provide leadership, technical assistance, and 
        financial support to nonprofit organizations and local 
        educational agencies to help the organizations and agencies 
        implement successful and effective parental involvement 
        policies, programs, and activities that lead to improvements in 
        student performance;
            ``(2) to strengthen partnerships among parents (including 
        parents of preschool age children), teachers, principals, 
        administrators, and other school personnel in meeting the 
        educational needs of children;
            ``(3) to develop and strengthen the relationship between 
        parents and the school;
            ``(4) to further the developmental progress primarily of 
        children assisted under this part; and
            ``(5) to coordinate activities funded under this part with 
        parental involvement initiatives funded under section 1118 and 
        other provisions of this Act.
    ``(b) Grants Authorized.--
            ``(1) In general.--The Secretary is authorized to award 
        grants in each fiscal year to nonprofit organizations, and 
        nonprofit organizations in consortia with local educational 
        agencies, to establish school-linked or school-based parental 
        information and resource centers that provide training, 
        information, and support to--
                    ``(A) parents of children enrolled in elementary 
                schools and secondary schools;
                    ``(B) individuals who work with the parents 
                described in subparagraph (A); and
                    ``(C) State educational agencies, local educational 
                agencies, schools, organizations that support family-
                school partnerships (such as parent-teacher 
                associations), and other organizations that carry out 
                parent education and family involvement programs.
            ``(2) Award rule.--In awarding grants under this part, the 
        Secretary shall ensure that such grants are distributed in all 
        geographic regions of the United States.

``SEC. 1402. APPLICATIONS.

    ``(a) Grants Applications.--
            ``(1) In general.--Each nonprofit organization or nonprofit 
        organization in consortium with a local educational agency that 
        desires a grant under this part shall submit an application to 
        the Secretary at such time and in such manner as the Secretary 
        shall require.
            ``(2) Contents.--Each application submitted under paragraph 
        (1), at a minimum, shall include assurances that the 
        organization or consortium will--
                    ``(A)(i) be governed by a board of directors the 
                membership of which includes parents; or
                    ``(ii) be an organization or consortium that 
                represents the interests of parents;
                    ``(B) establish a special advisory committee the 
                membership of which includes--
                            ``(i) parents described in section 
                        1401(b)(1)(A);
                            ``(ii) representatives of education 
                        professionals with expertise in improving 
                        services for disadvantaged children; and
                            ``(iii) representatives of local elementary 
                        schools and secondary schools who may include 
                        students and representatives from local youth 
                        organizations;
                    ``(C) use at least \1/2\ of the funds provided 
                under this part in each fiscal year to serve areas with 
                high concentrations of low-income families in order to 
                serve parents who are severely educationally or 
                economically disadvantaged;
                    ``(D) operate a center of sufficient size, scope, 
                and quality to ensure that the center is adequate to 
                serve the parents in the area;
                    ``(E) serve both urban and rural areas;
                    ``(F) design a center that meets the unique 
                training, information, and support needs of parents 
                described in section 1401(b)(1)(A), particularly such 
                parents who are educationally or economically 
                disadvantaged;
                    ``(G) demonstrate the capacity and expertise to 
                conduct the effective training, information and support 
                activities for which assistance is sought;
                    ``(H) network with--
                            ``(i) local educational agencies and 
                        schools;
                            ``(ii) parents of children enrolled in 
                        elementary schools and secondary schools;
                            ``(iii) parent training and information 
                        centers assisted under section 682 of the 
                        Individuals with Disabilities Education Act;
                            ``(iv) clearinghouses; and
                            ``(v) other organizations and agencies;
                    ``(I) focus on serving parents described in section 
                1401(b)(1)(A) who are parents of low-income, minority, 
                and limited English proficient, children;
                    ``(J) use part of the funds received under this 
                part to establish, expand, or operate Parents as 
                Teachers programs or Home Instruction for Preschool 
                Youngsters programs;
                    ``(K) provide assistance to parents in such areas 
                as understanding State and local standards and measures 
                of student and school performance; and
                    ``(L) work with State and local educational 
                agencies to determine parental needs and delivery of 
                services.
    ``(b) Grant Renewal.--For each fiscal year after the first fiscal 
year an organization or consortium receives assistance under this part, 
the organization or consortium shall demonstrate in the application 
submitted for such fiscal year after the first fiscal year that a 
portion of the services provided by the organization or consortium is 
supported through non-Federal contributions, which contributions may be 
in cash or in kind.

``SEC. 1403. USES OF FUNDS.

    ``(a) In General.--Grant funds received under this part shall be 
used--
            ``(1) to assist parents in participating effectively in 
        their children's education and to help their children meet 
        State and local standards, such as assisting parents--
                    ``(A) to engage in activities that will improve 
                student performance, including understanding the 
                accountability systems in place within their State 
                educational agency and local educational agency and 
                understanding their children's educational performance 
                in comparison to State and local standards;
                    ``(B) to provide followup support for their 
                children's educational achievement;
                    ``(C) to communicate effectively with teachers, 
                principals, counselors, administrators, and other 
                school personnel;
                    ``(D) to become active participants in the 
                development, implementation, and review of school-
                parent compacts, parent involvement policies, and 
                school planning and improvement;
                    ``(E) to participate in the design and provision of 
                assistance to students who are not making adequate 
                educational progress;
                    ``(F) to participate in State and local 
                decisionmaking; and
                    ``(G) to train other parents;
            ``(2) to obtain information about the range of options, 
        programs, services, and resources available at the national, 
        State, and local levels to assist parents and school personnel 
        who work with parents;
            ``(3) to help the parents learn and use the technology 
        applied in their children's education;
            ``(4) to plan, implement, and fund activities for parents 
        that coordinate the education of their children with other 
        Federal programs that serve their children or their families; 
        and
            ``(5) to provide support for State or local educational 
        personnel if the participation of such personnel will further 
        the activities assisted under the grant.
    ``(b) Permissive Activities.--Grant funds received under this part 
may be used to assist schools with activities such as--
            ``(1) developing and implementing their plans or activities 
        under sections 1118 and 1119; and
            ``(2) developing and implementing school improvement plans, 
        including addressing problems that develop in the 
        implementation of sections 1118 and 1119.
            ``(3) providing information about assessment and individual 
        results to parents in a manner and a language the family can 
        understand;
            ``(4) coordinating the efforts of Federal, State, and local 
        parent education and family involvement initiatives; and
            ``(5) providing training, information, and support to--
                    ``(A) State educational agencies;
                    ``(B) local educational agencies and schools, 
                especially those local educational agencies and schools 
                that are low performing; and
                    ``(C) organizations that support family-school 
                partnerships.
    ``(c) Grandfather Clause.--The Secretary shall use funds made 
available under this part to continue to make grant or contract 
payments to each entity that was awarded a multiyear grant or contract 
under title IV of the Goals 2000: Educate America Act (as such title 
was in effect on the day before the date of enactment of the 
Educational Opportunities Act) for the duration of the grant or 
contract award.

``SEC. 1404. TECHNICAL ASSISTANCE.

    ``The Secretary shall provide technical assistance, by grant or 
contract, for the establishment, development, and coordination of 
parent training, information, and support programs and parental 
information and resource centers.

``SEC. 1405. REPORTS.

    ``(a) Information.--Each organization or consortium receiving 
assistance under this part shall submit to the Secretary, on an annual 
basis, information concerning the parental information and resource 
centers assisted under this part, including--
            ``(1) the number of parents (including the number of 
        minority and limited English proficient parents) who receive 
        information and training;
            ``(2) the types and modes of training, information, and 
        support provided under this part;
            ``(3) the strategies used to reach and serve parents of 
        minority and limited English proficient children, parents with 
        limited literacy skills, and other parents in need of the 
        services provided under this part;
            ``(4) the parental involvement policies and practices used 
        by the center and an evaluation of whether such policies and 
        practices are effective in improving home-school communication, 
        student achievement, student and school performance, and 
        parental involvement in school planning, review, and 
        improvement; and
            ``(5) the effectiveness of the activities that local 
        educational agencies and schools are carrying out with regard 
        to parental involvement and other activities assisted under 
        this Act that lead to improved student achievement and improved 
        student and school performance.
    ``(b) Dissemination.--The Secretary annually shall disseminate, 
widely to the public and to Congress, the information that each 
organization or consortium submits under subsection (a) to the 
Secretary.

``SEC. 1406. GENERAL PROVISIONS.

    ``Notwithstanding any other provision of this part--
            ``(1) no person, including a parent who educates a child at 
        home, a public school parent, or a private school parent, shall 
        be required to participate in any program of parent education 
        or developmental screening pursuant to the provisions of this 
        part; and
            ``(2) no program or center assisted under this part shall 
        take any action that infringes in any manner on the right of a 
        parent to direct the education of their children.''.

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.

    Part A of title I (20 U.S.C. 6311) is amended--
            (1) by redesignating part F as part H;
            (2) by redesignating sections 1601 through 1604 as sections 
        1901 through 1904, respectively; and
            (3) by inserting after part E the following:

                 ``PART F--COMPREHENSIVE SCHOOL REFORM

``SEC. 1601. PURPOSE.

    ``The purpose of this part is to provide financial incentives for 
schools to develop comprehensive school reforms based upon promising 
and effective practices and research-based programs that emphasize 
basic academics and parental involvement so that all children can meet 
challenging State content and student performance standards.

``SEC. 1602. PROGRAM AUTHORIZATION.

    ``(a) Program Authorized.--
            ``(1) In general.--The Secretary is authorized to award 
        grants to State educational agencies, from allotments under 
        paragraph (2), to enable the State educational agencies to 
        award subgrants to local educational agencies to carry out the 
        purpose described in section 1601.
            ``(2) Allotments.--
                    ``(A) Reservations.--Of the amount appropriated 
                under section 1002(h) for a fiscal year, the Secretary 
                may reserve--
                            ``(i) not more than 1 percent to provide 
                        assistance to schools supported by the Bureau 
                        of Indian Affairs and in the United States 
                        Virgin Islands, Guam, American Samoa, and the 
                        Commonwealth of the Northern Mariana Islands 
                        according to their respective needs for 
                        assistance under this part; and
                            ``(ii) not more than 1 percent to conduct 
                        national evaluation activities described in 
                        section 1607.
                    ``(B) In general.--Of the amount appropriated under 
                section 1002(h) that remains after making the 
                reservation under subparagraph (A) for a fiscal year, 
                the Secretary shall allot to each State for the fiscal 
                year an amount that bears the same ratio to the 
                remainder for that fiscal year as the amount made 
                available under section 1124 to the State for the 
                preceding fiscal year bears to the total amount made 
                available under section 1124 to all States for that 
                year.
                    ``(C) Reallotment.--If a State does not apply for 
                funds under this section, the Secretary shall reallot 
                such funds to other States that do not apply in 
                proportion to the amount allotted to such other States 
                under subparagraph (B).

``SEC. 1603. STATE APPLICATIONS.

    ``(a) In General.--Each State educational agency that desires to 
receive a grant under this section shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may reasonably require.
    ``(b) Contents.--Each such application shall describe--
            ``(1) the process and selection criteria by which the State 
        educational agency, using expert review, will select local 
        educational agencies to receive subgrants under this section;
            ``(2) how the State educational agency will ensure that 
        only comprehensive school reforms that are based on promising 
        and effective practices and research-based programs receive 
        funds under this part;
            ``(3) how the State educational agency will disseminate 
        information on comprehensive school reforms that are based on 
        promising and effective practices and research-based programs;
            ``(4) how the State educational agency will evaluate the 
        implementation of such reforms and measure the extent to which 
        the reforms have resulted in increased student academic 
        performance; and
            ``(5) how the State educational agency will make available 
        technical assistance to a local educational agency or consortia 
        of local educational agencies in evaluating, developing, and 
        implementing comprehensive school reform.

``SEC. 1604. STATE USE OF FUNDS.

    ``(a) In General.--Except as provided in subsection (e), a State 
educational agency that receives a grant under this part shall use the 
grant funds to award subgrants, on a competitive basis, to local 
educational agencies or consortia of local educational agencies in the 
State that receive funds under part A.
    ``(b) Subgrant Requirements.--A subgrant to a local educational 
agency or consortium shall be--
            ``(1) of sufficient size and scope to support the initial 
        costs for the particular comprehensive school reform plan 
        selected or designed by each school identified in the 
        application of the local educational agency or consortium;
            ``(2) in an amount not less than $50,000 for each 
        participating school; and
            ``(3) renewable for 2 additional 1-year periods after the 
        initial 1-year grant is made if the school is making 
        substantial progress in the implementation of reforms.
    ``(c) Priority.--A State educational agency, in awarding subgrants 
under this part, shall give priority to local educational agencies or 
consortia that--
            ``(1) plan to use the funds in schools identified as being 
        in need of improvement or corrective action under section 
        1116(c); and
            ``(2) demonstrate a commitment to assist schools with 
        budget allocation, professional development, and other 
        strategies necessary to ensure the comprehensive school reforms 
        are properly implemented and are sustained in the future.
    ``(d) Grant Consideration.--In awarding subgrants under this part, 
the State educational agency shall take into consideration the 
equitable distribution of subgrants to different geographic regions 
within the State, including urban and rural areas, and to schools 
serving elementary school and secondary students.
    ``(e) Administrative Costs.--A State educational agency that 
receives a grant under this part may reserve not more than 5 percent of 
the grant funds for administrative, evaluation, and technical 
assistance expenses.
    ``(f) Supplement.--Funds made available under this part shall be 
used to supplement, and not supplant, any other Federal, State, or 
local funds that would otherwise be available to carry out the 
activities assisted under this part.
    ``(g) Reporting.--Each State educational agency that receives a 
grant under this part shall provide to the Secretary such information 
as the Secretary may require, including the names of local educational 
agencies and schools receiving assistance under this part, the amount 
of the assistance, and a description of the comprehensive school reform 
model selected and used.

``SEC. 1605. LOCAL APPLICATIONS.

    ``(a) In General.--Each local educational agency or consortium of 
local educational agencies desiring a subgrant under this section shall 
submit an application to the State educational agency at such time, in 
such manner, and containing such information as the State educational 
agency may reasonably require.
    ``(b) Contents.--Each such application shall--
            ``(1) identify the schools, that are eligible for 
        assistance under part A, that plan to implement a comprehensive 
        school reform program, including the projected costs of such a 
        program;
            ``(2) describe the promising and effective practices and 
        research-based programs that such schools will implement;
            ``(3) describe how the local educational agency or 
        consortium will provide technical assistance and support for 
        the effective implementation of the promising and effective 
        practices and research-based school reforms selected by such 
        schools; and
            ``(4) describe how the local educational agency or 
        consortium will evaluate the implementation of such reforms and 
        measure the results achieved in improving student academic 
        performance.

``SEC. 1606. LOCAL USE OF FUNDS.

    ``(a) Uses of Funds.--A local educational agency or consortium that 
receives a subgrant under this section shall provide the subgrant funds 
to schools, that are eligible for assistance under part A and served by 
the agency, to enable the schools to implement a comprehensive school 
reform program for--
            ``(1) employing innovative strategies for student learning, 
        teaching, and school management that are based on promising and 
        effective practices and research-based programs and have been 
        replicated successfully in schools with diverse 
        characteristics;
            ``(2) integrating a comprehensive design for effective 
        school functioning, including instruction, assessment, 
        classroom management, professional development, parental 
        involvement, and school management, that aligns the school's 
        curriculum, technology, and professional development into a 
        comprehensive reform plan for schoolwide change designed to 
        enable all students to meet challenging State content and 
        student performance standards and addresses needs identified 
        through a school needs assessment;
            ``(3) providing high quality and continuous teacher and 
        staff professional development;
            ``(4) the inclusion of measurable goals for student 
        performance;
            ``(5) support for teachers, principals, administrators, and 
        other school personnel staff;
            ``(6) meaningful community and parental involvement 
        initiatives that will strengthen school improvement activities;
            ``(7) using high quality external technical support and 
        assistance from an entity that has experience and expertise in 
        schoolwide reform and improvement, which may include an 
        institution of higher education;
            ``(8) evaluating school reform implementation and student 
        performance; and
            ``(9) identification of other resources, including Federal, 
        State, local, and private resources, that shall be used to 
        coordinate services that will support and sustain the school 
        reform effort.
    ``(b) Special Rule.--A school that receives funds to develop a 
comprehensive school reform program shall not be limited to using the 
approaches identified or developed by the Secretary, but may develop 
the school's own comprehensive school reform programs for schoolwide 
change as described in subsection (a).

``SEC. 1607. NATIONAL EVALUATION AND REPORTS.

    ``(a) In General.--The Secretary shall develop a plan for a 
national evaluation of the programs assisted under this part.
    ``(b) Evaluation.--The national evaluation shall--
            ``(1) evaluate the implementation and results achieved by 
        schools after 3 years of implementing comprehensive school 
        reforms; and
            ``(2) assess the effectiveness of comprehensive school 
        reforms in schools with diverse characteristics.
    ``(c) Reports.--Prior to the completion of the national evaluation, 
the Secretary shall submit an interim report describing implementation 
activities for the Comprehensive School Reform Program, which began in 
1998, to the Committee on Education and the Workforce, and the 
Committee on Appropriations of the House of Representatives, and the 
Committee on Health, Education, Labor, and Pensions, and the Committee 
on Appropriations of the Senate.

        ``PART G--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS

``SEC. 1701. PURPOSE.

    ``The purpose of this part is to provide for school dropout 
prevention and reentry and to raise academic achievement levels by 
providing grants, to schools through State educational agencies, that--
            ``(1) challenge all children to attain their highest 
        academic potential; and
            ``(2) ensure that all students have substantial and ongoing 
        opportunities to do so through schoolwide programs proven 
        effective in school dropout prevention.

               ``Subpart 1--Coordinated National Strategy

``SEC. 1711. NATIONAL ACTIVITIES.

    ``(a) In General.--The Secretary is authorized--
            ``(1) to collect systematic data on the participation in 
        the programs described in paragraph (2)(C) of individuals 
        disaggregated within each State, local educational agency, and 
        school by gender, by each major racial and ethnic group, by 
        English proficiency status, by migrant status, by students with 
        disabilities as compared to nondisabled students, and by 
        economically disadvantaged students as compared to students who 
        are not economically disadvantaged;
            ``(2) to establish and to consult with an interagency 
        working group which shall--
                    ``(A) address inter- and intra-agency program 
                coordination issues at the Federal level with respect 
                to school dropout prevention and middle school and 
                secondary school reentry, assess the targeting of 
                existing Federal services to students who are most at 
                risk of dropping out of school, and the cost-
                effectiveness of various programs and approaches used 
                to address school dropout prevention;
                    ``(B) describe the ways in which State and local 
                agencies can implement effective school dropout 
                prevention programs using funds from a variety of 
                Federal programs, including the programs under this 
                title and the School-to-Work Opportunities Act of 1994; 
                and
                    ``(C) address all Federal programs with school 
                dropout prevention or school reentry elements or 
                objectives, programs under title I of this Act, the 
                School-to-Work Opportunities Act of 1994, part B of 
                title IV of the Job Training Partnership Act, subtitle 
                C of title I of the Workforce Investment Act of 1998, 
                and other programs; and
            ``(3) carry out a national recognition program in 
        accordance with subsection (b) that recognizes schools that 
        have made extraordinary progress in lowering school dropout 
        rates under which a public middle school or secondary school 
        from each State will be recognized.
    ``(b) Recognition Program.--
            ``(1) National guidelines.--The Secretary shall develop 
        uniform national guidelines for the recognition program which 
        shall be used to recognize schools from nominations submitted 
        by State educational agencies.
            ``(2) Eligible schools.--The Secretary may recognize under 
        the recognition program any public middle school or secondary 
        school (including a charter school) that has implemented 
        comprehensive reforms regarding the lowering of school dropout 
        rates for all students at that school.
            ``(3) Support.--The Secretary may make monetary awards to 
        schools recognized under the recognition program in amounts 
        determined by the Secretary. Amounts received under this 
        section shall be used for dissemination activities within the 
        school district or nationally.

       ``Subpart 2--National School Dropout Prevention Initiative

``SEC. 1721. PROGRAM AUTHORIZED.

    ``(a) Allotments to States.--
            ``(1) In general.--From the sum made available under 
        section 1732(b) for a fiscal year the Secretary shall make an 
        allotment to each State in an amount that bears the same 
        relation to the sum as the amount the State received under this 
        title for the preceding fiscal year bears to the amount 
        received by all States under this title for the preceding 
        fiscal year.
            ``(2) Definition of state.--In this subpart, the term 
        `State' means each of the several States of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, the 
        Commonwealth of the Northern Mariana Islands, the Republic of 
        the Marshall Islands, the Federated States of Micronesia, and 
        the Republic of Palau.
    ``(b) Grants.--From amounts made available to a State under 
subsection (a), the State educational agency may award grants to public 
middle schools or secondary schools, that have school dropout rates 
which are in the highest \1/3\ of all school dropout rates in the 
State, to enable the schools to pay only the startup and implementation 
costs of effective, sustainable, coordinated, and whole school dropout 
prevention programs that involve activities such as--
            ``(1) professional development;
            ``(2) obtaining curricular materials;
            ``(3) release time for professional staff;
            ``(4) planning and research;
            ``(5) remedial education;
            ``(6) reduction in pupil-to-teacher ratios;
            ``(7) efforts to meet State student achievement standards;
            ``(8) counseling and mentoring for at-risk students; and
            ``(9) comprehensive school reform models.
    ``(c) Amount.--
            ``(1) In general.--Subject to subsection (d) and except as 
        provided in paragraph (2), a grant under this subpart shall be 
        awarded--
                    ``(A) in the first year that a school receives a 
                grant payment under this subpart, in an amount that is 
                not less than $50,000 and not more than $100,000, based 
                on factors such as--
                            ``(i) school size;
                            ``(ii) costs of the model or set of 
                        prevention and reentry strategies being 
                        implemented; and
                            ``(iii) local cost factors such as poverty 
                        rates;
                    ``(B) in the second such year, in an amount that is 
                not less than 75 percent of the amount the school 
                received under this subpart in the first such year;
                    ``(C) in the third year, in an amount that is not 
                less than 50 percent of the amount the school received 
                under this subpart in the first such year; and
                    ``(D) in each succeeding year in an amount that is 
                not less than 30 percent of the amount the school 
                received under this subpart in the first such year.
            ``(2) Increases.--The Secretary shall increase the amount 
        awarded to a school under this subpart by 10 percent if the 
        school creates smaller learning communities within the school 
        and the creation is certified by the State educational agency.
    ``(d) Duration.--A grant under this subpart shall be awarded for a 
period of 3 years, and may be continued for a period of 2 additional 
years if the State educational agency determines, based on the annual 
reports described in section 1727(a), that significant progress has 
been made in lowering the school dropout rate for students 
participating in the program assisted under this subpart compared to 
students at similar schools who are not participating in the program.

``SEC. 1722. STRATEGIES AND CAPACITY BUILDING.

    ``(a) Strategies.--Each school receiving a grant under this subpart 
shall implement research-based, sustainable, and widely replicated, 
strategies for school dropout prevention and reentry that address the 
needs of an entire school population rather than a subset of students. 
The strategies may include--
            ``(1) specific strategies for targeted purposes, such as 
        effective early intervention programs designed to identify at-
        risk students, effective programs encompassing traditionally 
        underserved students, including racial and ethnic minorities 
        and pregnant and parenting teenagers, designed to prevent such 
        students from dropping out of school, and effective programs to 
        identify and encourage youth who have already dropped out of 
        school to reenter school and complete their secondary 
        education; and
            ``(2) approaches such as breaking larger schools down into 
        smaller learning communities and other comprehensive reform 
        approaches, creating alternative school programs, developing 
        clear linkages to career skills and employment, and addressing 
        specific gatekeeper hurdles that often limit student retention 
        and academic success.
    ``(b) Capacity Building.--
            ``(1) In general.--The Secretary, through a contract with a 
        non-Federal entity, shall conduct a capacity building and 
        design initiative in order to increase the types of proven 
        strategies for dropout prevention and reentry that address the 
        needs of an entire school population rather than a subset of 
        students.
            ``(2) Number and duration.--
                    ``(A) Number.--The Secretary shall award not more 
                than 5 contracts under this subsection.
                    ``(B) Duration.--The Secretary shall award a 
                contract under this section for a period of not more 
                than 5 years.
    ``(c) Support for Existing Reform Networks.--
            ``(1) In general.--The Secretary shall provide appropriate 
        support to eligible entities to enable the eligible entities to 
        provide training, materials, development, and staff assistance 
        to schools assisted under this subpart.
            ``(2) Definition of eligible entity.--The term `eligible 
        entity' means an entity that, prior to the date of enactment of 
        the Educational Opportunities Act--
                    ``(A) provided training, technical assistance, and 
                materials to 100 or more elementary schools or 
                secondary schools; and
                    ``(B) developed and published a specific 
                educational program or design for use by the schools.

``SEC. 1723. SELECTION OF SCHOOLS.

    ``(a) School Application.--
            ``(1) In general.--Each school desiring a grant under this 
        subpart shall submit an application to the State educational 
        agency at such time, in such manner, and accompanied by such 
        information as the State educational agency may require.
            ``(2) Contents.--Each application submitted under paragraph 
        (1) shall--
                    ``(A) contain a certification from the local 
                educational agency serving the school that--
                            ``(i) the school has the highest number or 
                        rates of school dropouts in the age group 
                        served by the local educational agency;
                            ``(ii) the local educational agency is 
                        committed to providing ongoing operational 
                        support, for the school's comprehensive reform 
                        plan to address the problem of school dropouts, 
                        for a period of 5 years; and
                            ``(iii) the local educational agency will 
                        support the plan, including--
                                    ``(I) release time for teacher 
                                training;
                                    ``(II) efforts to coordinate 
                                activities for feeder schools; and
                                    ``(III) encouraging other schools 
                                served by the local educational agency 
                                to participate in the plan;
                    ``(B) demonstrate that the faculty and 
                administration of the school have agreed to apply for 
                assistance under this subpart, and provide evidence of 
                the school's willingness and ability to use the funds 
                under this subpart, including providing an assurance of 
                the support of 80 percent or more of the professional 
                staff at the school;
                    ``(C) describe the instructional strategies to be 
                implemented, how the strategies will serve all 
                students, and the effectiveness of the strategies;
                    ``(D) describe a budget and timeline for 
                implementing the strategies;
                    ``(E) contain evidence of coordination with 
                existing resources;
                    ``(F) provide an assurance that funds provided 
                under this subpart will supplement and not supplant 
                other Federal, State, and local funds;
                    ``(G) describe how the activities to be assisted 
                conform with research-based knowledge about school 
                dropout prevention and reentry; and
                    ``(H) demonstrate that the school and local 
                educational agency have agreed to conduct a schoolwide 
                program under section 1114.
    ``(b) State Agency Review and Award.--The State educational agency 
shall review applications and award grants to schools under subsection 
(a) according to a review by a panel of experts on school dropout 
prevention.
    ``(c) Eligibility.--A school is eligible to receive a grant under 
this subpart if the school is--
            ``(1) a public school (including a public alternative 
        school)--
                    ``(A) that is eligible to receive assistance under 
                part A, including a comprehensive secondary school, a 
                vocational or technical secondary school, and a charter 
                school; and
                    ``(B)(i) that serves students 50 percent or more of 
                whom are low-income individuals; or
                    ``(ii) with respect to which the feeder schools 
                that provide the majority of the incoming students to 
                the school serve students 50 percent or more of whom 
                are low-income individuals; or
            ``(2) participating in a schoolwide program under section 
        1114 during the grant period.
    ``(d) Community-Based Organizations.--A school that receives a 
grant under this subpart may use the grant funds to secure necessary 
services from a community-based organization, including private sector 
entities, if--
            ``(1) the school approves the use;
            ``(2) the funds are used to provide school dropout 
        prevention and reentry activities related to schoolwide 
        efforts; and
            ``(3) the community-based organization has demonstrated the 
        organization's ability to provide effective services as 
        described in section 107(a) of the Job Training Partnership 
        Act, or section 122 of the Workforce Investment Act of 1998.
    ``(e) Coordination.--Each school that receives a grant under this 
subpart shall coordinate the activities assisted under this subpart 
with other Federal programs, such as programs assisted under chapter 1 
of subpart 2 of part A of title IV of the Higher Education Act of 1965 
and the School-to-Work Opportunities Act of 1994.

``SEC. 1724. DISSEMINATION ACTIVITIES.

    ``Each school that receives a grant under this subpart shall 
provide information and technical assistance to other schools within 
the school district, including presentations, document-sharing, and 
joint staff development.

``SEC. 1725. PROGRESS INCENTIVES.

    ``Notwithstanding any other provision of law, each local 
educational agency that receives funds under this title shall use such 
funding to provide assistance to schools served by the agency that have 
not made progress toward lowering school dropout rates after receiving 
assistance under this subpart for 2 fiscal years.

``SEC. 1726. SCHOOL DROPOUT RATE CALCULATION.

    ``For purposes of calculating a school dropout rate under this 
subpart, a school shall use--
            ``(1) the annual event school dropout rate for students 
        leaving a school in a single year determined in accordance with 
        the National Center for Education Statistics' Common Core of 
        Data, if available; or
            ``(2) in other cases, a standard method for calculating the 
        school dropout rate as determined by the State educational 
        agency.

``SEC. 1727. REPORTING AND ACCOUNTABILITY.

    ``(a) Reporting.--In order to receive funding under this subpart 
for a fiscal year after the first fiscal year a school receives funding 
under this subpart, the school shall provide, on an annual basis, to 
the Secretary a report regarding the status of the implementation of 
activities funded under this subpart, the outcome data for students at 
schools assisted under this subpart disaggregated in the same manner as 
information under section 1711(a) (such as dropout rates), and 
certification of progress from the eligible entity whose strategies the 
school is implementing.
    ``(b) Accountability.--On the basis of the reports submitted under 
subsection (a), the Secretary shall evaluate the effect of the 
activities assisted under this subpart on school dropout prevention 
compared to a control group.

``SEC. 1728. STATE RESPONSIBILITIES.

    ``(a) Uniform Data Collection.--Within 1 year after the date of 
enactment of the Educational Opportunities Act, a State educational 
agency that receives funds under this part shall report to the 
Secretary and statewide, all school district and school data regarding 
school dropout rates in the State disaggregated in the same manner as 
information under section 1711(a), according to procedures that conform 
with the National Center for Education Statistics' Common Core of Data.
    ``(b) Attendance-Neutral Funding Policies.--Within 2 years after 
the date of enactment of the Educational Opportunities Act, a State 
educational agency that receives funds under this part shall develop 
and implement education funding formula policies for public schools 
that provide appropriate incentives to retain students in school 
throughout the school year, such as--
            ``(1) a student count methodology that does not determine 
        annual budgets based on attendance on a single day early in the 
        academic year; and
            ``(2) specific incentives for retaining enrolled students 
        throughout each year.
    ``(c) Suspension and Expulsion Policies.--Within 2 years after the 
date of enactment of the Educational Opportunities Act, a State 
educational agency that receives funds under this part shall develop 
uniform, long-term suspension and expulsion policies for serious 
infractions resulting in more than 10 days of exclusion from school per 
academic year so that similar violations result in similar penalties.
    ``(d) Regulations.--The Secretary shall promulgate regulations 
implementing subsections (a) through (c).

       ``Subpart 3--Definitions; Authorization of Appropriations

``SEC. 1731. DEFINITIONS.

    ``In this part:
            ``(1) Low-income.--The term `low-income', used with respect 
        to an individual, means an individual determined to be low-
        income in accordance with measures described in section 
        1113(a)(5).
            ``(2) School dropout.--The term `school dropout' has the 
        meaning given the term in section 4(17) of the School-to-Work 
        Opportunities Act of 1994.

``SEC. 1732. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Subpart 1.--There are authorized to be appropriated to carry 
out subpart 1, $5,000,000 for fiscal year 2001 and such sums as may be 
necessary for each of the 4 succeeding fiscal years.
    ``(b) Subpart 2.--There are authorized to be appropriated to carry 
out subpart 2, $145,000,000 for fiscal year 2001 and such sums as may 
be necessary for each of the 4 succeeding fiscal years, of which--
            ``(1) $125,000,000 shall be available to carry out section 
        1721; and
            ``(2) $20,000,000 shall be available to carry out section 
        1722.''.

            TITLE II--PROFESSIONAL DEVELOPMENT FOR TEACHERS

SEC. 201. TEACHER QUALITY.

    Title II (20 U.S.C. 6601 et seq.) is amended by striking the title 
heading and all that follows through part A and inserting the 
following:

                      ``TITLE II--TEACHER QUALITY

                     ``PART A--TEACHER EMPOWERMENT

``SEC. 2001. PURPOSE.

    ``The purpose of this part is to provide grants to States and local 
educational agencies, in order to assist their efforts to increase 
student academic achievement and student performance through such 
strategies as improving teacher quality.

                     ``Subpart 1--Grants to States

``SEC. 2011. FORMULA GRANTS TO STATES.

    ``(a) In General.--In the case of each State that, in accordance 
with section 2014, submits to the Secretary and obtains approval of an 
application for a fiscal year, the Secretary shall make a grant for the 
year to the State for the uses specified in section 2012. The grant 
shall consist of the allotment determined for the State under 
subsection (b).
    ``(b) Determination of Amount of Allotment.--
            ``(1) Reservation of funds.--
                    ``(A) In general.--From the total amount made 
                available to carry out this subpart for any fiscal 
                year, the Secretary shall reserve--
                            ``(i) \1/2\ of 1 percent for allotments for 
                        the United States Virgin Islands, Guam, 
                        American Samoa, and the Commonwealth of the 
                        Northern Mariana Islands, to be distributed 
                        among those outlying areas on the basis of 
                        their relative need, as determined by the 
                        Secretary in accordance with the purpose of 
                        this part; and
                            ``(ii) \1/2\ of 1 percent for the Secretary 
                        of the Interior for programs under this part 
                        for professional development activities for 
                        teachers and other staff in schools operated or 
                        funded by the Bureau of Indian Affairs.
                    ``(B) Limitation.--In reserving an amount for the 
                purposes described in clauses (i) and (ii) of 
                subparagraph (A) for a fiscal year, the Secretary shall 
                not reserve more than the total amount the outlying 
                areas and the schools operated or funded by the Bureau 
                of Indian Affairs received under the authorities 
                described in paragraph (2)(A)(i) for fiscal year 2000.
            ``(2) State allotments.--
                    ``(A) Hold harmless.--
                            ``(i) In general.--Subject to subparagraph 
                        (B), from the total amount made available to 
                        carry out this subpart for any fiscal year and 
                        not reserved under paragraph (1), the Secretary 
                        shall allot to each of the 50 States, the 
                        District of Columbia, and the Commonwealth of 
                        Puerto Rico an amount equal to the total amount 
                        that such State received for fiscal year 2000 
                        under--
                                    ``(I) section 2202(b) of this Act 
                                (as in effect on the day before the 
                                date of enactment of the Educational 
                                Opportunities Act); and
                                    ``(II) section 310 of the 
                                Department of Education Appropriations 
                                Act, 2000 (as enacted by section 
                                1000(a)(4) of division B of Public Law 
                                106-113).
                            ``(ii) Ratable reduction.--If the total 
                        amount made available to carry out this subpart 
                        for any fiscal year and not reserved under 
                        paragraph (1) is insufficient to pay the full 
                        amounts that all States are eligible to receive 
                        under clause (i) for any fiscal year, the 
                        Secretary shall ratably reduce such amounts for 
                        such fiscal year.
                    ``(B) Allotment of additional funds.--
                            ``(i) In general.--Subject to clause (ii), 
                        for any fiscal year for which the total amount 
                        made available to carry out this subpart and 
                        not reserved under paragraph (1) exceeds the 
                        total amount made available to the 50 States, 
                        the District of Columbia, and the Commonwealth 
                        of Puerto Rico for fiscal year 2000 under the 
                        authorities described in subparagraph (A)(i), 
                        the Secretary shall allot to each of those 
                        States the sum of--
                                    ``(I) an amount that bears the same 
                                relationship to 50 percent of the 
                                excess amount as the number of 
                                individuals age 5 through 17 in the 
                                State, as determined by the Secretary 
                                on the basis of the most recent 
                                satisfactory data, bears to the number 
                                of those individuals in all such 
                                States, as so determined; and
                                    ``(II) an amount that bears the 
                                same relationship to 50 percent of the 
                                excess amount as the number of 
                                individuals age 5 through 17 from 
                                families with incomes below the poverty 
                                line in the State, as determined by the 
                                Secretary on the basis of the most 
                                recent satisfactory data, bears to the 
                                number of those individuals in all such 
                                States, as so determined.
                            ``(ii) Exception.--No State receiving an 
                        allotment under clause (i) may receive less 
                        than \1/2\ of 1 percent of the total excess 
                        amount allotted under clause (i) for a fiscal 
                        year.
            ``(3) Reallotment.--If any State does not apply for an 
        allotment under this subsection for any fiscal year, the 
        Secretary shall reallot such amount to the remaining States in 
        accordance with this subsection.

``SEC. 2012. ALLOCATIONS WITHIN STATES.

    ``(a) Use of Funds.--Each State receiving a grant under this 
subpart shall use the funds provided under the grant in accordance with 
this section to carry out activities for the improvement of teaching 
and learning.
    ``(b) Required and Authorized Expenditures.--
            ``(1) Required expenditures.--The Secretary may make a 
        grant to a State under this subpart only if the State agrees to 
        expend not less than 90 percent of the amount of the funds 
        provided under the grant for the purpose of making subgrants to 
        local educational agencies and eligible partnerships (as 
        defined in section 2021(e)), in accordance with subsection (c).
            ``(2) Authorized expenditures.--A State that receives a 
        grant under this subpart may expend a portion equal to not more 
        than 10 percent of the amount of the funds provided under the 
        grant for 1 or more of the authorized State activities 
        described in section 2013 or to make grants to eligible 
        partnerships to enable the partnerships to carry out subpart 2 
        (but not more than 5 percent of such portion may be used for 
        planning and administration related to carrying out such 
        purpose).
    ``(c) Distribution of Subgrants to Local Educational Agencies and 
Eligible Partnerships.--
            ``(1) Allocations to local educational agencies.--
                    ``(A) In general.--A State receiving a grant under 
                this subpart shall distribute a portion equal to 95 
                percent of the amount described in subsection (b)(1) by 
                allocating to each eligible local educational agency 
                the sum of--
                            ``(i) an amount that bears the same 
                        relationship to 25 percent of the portion as 
                        the number of individuals enrolled in public 
                        and private nonprofit elementary schools and 
                        secondary schools in the geographic area served 
                        by the agency bears to the number of those 
                        individuals in the geographic areas served by 
                        all the local educational agencies in the 
                        State; and
                            ``(ii) an amount that bears the same 
                        relationship to 75 percent of the portion as 
                        the number of individuals age 5 through 17 from 
                        families with incomes below the poverty line, 
                        in the geographic area served by the agency, as 
                        determined by the Secretary on the basis of the 
                        most recent satisfactory data, bears to the 
                        number of those individuals in the geographic 
                        areas served by all the local educational 
                        agencies in the State, as so determined.
                    ``(B) Use of funds.--The State shall make subgrants 
                to local educational agencies from allocations made 
                under this paragraph to enable the agencies to carry 
                out subpart 3.
            ``(2) Competitive subgrants to eligible partnerships.--
                    ``(A) Competitive process.--A State receiving a 
                grant under this subpart shall transfer a portion equal 
                to 5 percent of the amount described in subsection 
                (b)(1) to the State agency for higher education, which 
                shall distribute the portion through a competitive 
                process.
                    ``(B) Participants.--The competitive process 
                carried out under subparagraph (A) shall be open to 
                eligible partnerships (as defined in section 2021(e)).
                    ``(C) Use of funds.--In distributing funds under 
                this paragraph, the State agency for higher education 
                shall make subgrants to the eligible partnerships to 
                enable the partnerships to carry out subpart 2 (but not 
                more than 5 percent of the funds made available to the 
                eligible partnerships through the subgrants may be used 
                for planning and administration related to carrying out 
                such purpose).

``SEC. 2013. STATE USE OF FUNDS.

    ``(a) Authorized State Activities.--The authorized State activities 
referred to in section 2012(b)(2) are the following:
            ``(1) Reforming teacher certification (including 
        recertification) or licensing requirements to ensure that--
                    ``(A) teachers have the necessary teaching skills 
                and academic content knowledge in the academic subjects 
                in which the teachers are assigned to teach;
                    ``(B) the requirements are aligned with the State's 
                challenging State content standards; and
                    ``(C) teachers have the knowledge and skills 
                necessary to help students meet challenging State 
                student performance standards.
            ``(2) Carrying out programs that--
                    ``(A) include support during the initial teaching 
                experience, such as mentoring programs; and
                    ``(B) establish, expand, or improve alternative 
                routes to State certification of teachers for highly 
                qualified individuals with a baccalaureate degree, 
                including mid-career professionals from other 
                occupations, paraprofessionals, former military 
                personnel, and recent college or university graduates 
                with records of academic distinction who demonstrate 
                the potential to become highly effective teachers.
            ``(3) Developing and implementing effective mechanisms to 
        assist local educational agencies and schools in effectively 
        recruiting and retaining highly qualified and effective 
        teachers and principals.
            ``(4) Developing or improving systems of performance 
        measures to evaluate the effectiveness of professional 
        development programs and activities in improving teacher 
        quality, skills, and content knowledge, and increasing student 
        academic achievement and student performance.
            ``(5) Developing or improving systems to evaluate the 
        impact of teachers on student academic achievement and student 
        performance.
            ``(6) Providing technical assistance to local educational 
        agencies consistent with this part.
            ``(7) Funding projects to promote reciprocity of teacher 
        certification or licensure between or among States, except that 
        no reciprocity agreement developed under this paragraph or 
        developed using funds provided under this part may lead to the 
        weakening of any State teaching certification or licensing 
        requirement.
            ``(8) Developing or assisting local educational agencies or 
        eligible partnerships (as defined in section 2021(e)) in the 
        development and utilization of proven, innovative strategies to 
        deliver intensive professional development programs and 
        activities that are both cost-effective and easily accessible, 
        such as through the use of technology and distance learning.
            ``(9) Supporting activities to encourage and support 
        teachers seeking national board certification from the National 
        Board for Professional Teaching Standards or other recognized 
        entities.
            ``(10) Providing professional development activities 
        involving training in advanced placement instruction.
    ``(b) Coordination.--A State that receives a grant to carry out 
this subpart and a grant under section 202 of the Higher Education Act 
of 1965 shall coordinate the activities carried out under this section 
and the activities carried out under that section 202.

``SEC. 2014. APPLICATIONS BY STATES.

    ``(a) In General.--To be eligible to receive a grant under this 
subpart, a State shall submit an application to the Secretary at such 
time, in such manner, and containing such information as the Secretary 
may reasonably require.
    ``(b) Contents.--Each application submitted under this section 
shall include the following:
            ``(1) A description of how the State will ensure that a 
        local educational agency receiving a subgrant to carry out 
        subpart 3 will comply with the requirements of such subpart.
            ``(2)(A) An assurance that the State will measure the 
        annual progress of the local educational agencies and schools 
        in the State with respect to--
                    ``(i) improving student academic achievement and 
                student performance, in accordance with content 
                standards and student performance standards established 
                under part A of title I;
                    ``(ii) closing academic achievement gaps, reflected 
                in disaggregated data described in section 
                1111(b)(3)(I), between minority and non-minority groups 
                and low-income and non-low-income groups; and
                    ``(iii) improving performance on other specific 
                indicators for professional development, such as 
                increasing the percentage of classes in core academic 
                subjects that are taught by highly qualified teachers.
            ``(B) An assurance that the State will require each local 
        educational agency and school in the State receiving funds 
        under this part to publicly report information on the agency's 
        or school's annual progress, measured as described in 
        subparagraph (A).
            ``(3) A description of how the State will hold the local 
        educational agencies and schools accountable for making annual 
        progress as described in paragraph (2), subject to part A of 
        title I.
            ``(4)(A) A description of how the State will coordinate 
        professional development activities authorized under this part 
        with professional development activities provided under other 
        Federal, State, and local programs, including those authorized 
        under--
                    ``(i) titles I and IV, part A of title V, and part 
                A of title VII; and
                    ``(ii) where applicable, the Individuals with 
                Disabilities Education Act, the Carl D. Perkins 
                Vocational and Technical Education Act of 1998, and 
                title II of the Higher Education Act of 1965.
            ``(B) A description of the comprehensive strategy that the 
        State will use as part of the effort to carry out the 
        coordination, to ensure that teachers, paraprofessionals, and 
        principals are trained in the utilization of technology so that 
        technology and technology applications are effectively used in 
        the classroom to improve teaching and learning in all 
        curriculum areas and academic subjects, as appropriate.
            ``(5) A description of how the State will encourage the 
        development of proven, innovative strategies to deliver 
        intensive professional development programs that are both cost-
        effective and easily accessible, such as through the use of 
        technology and distance learning.
            ``(6) A description of how the activities to be carried out 
        by the State under this subpart will be based on a review of 
        relevant research and an explanation of why the activities are 
        expected to improve student performance and outcomes.
    ``(c) Application Submission.--A State application submitted to the 
Secretary under this section shall be approved by the Secretary unless 
the Secretary makes a written determination, within 90 days after 
receiving the application, that the application is in violation of the 
provisions of this Act.

            ``Subpart 2--Subgrants to Eligible Partnerships

``SEC. 2021. PARTNERSHIP GRANTS.

    ``(a) In General.--From the portion described in section 
2012(c)(2)(A), the State agency for higher education, working in 
conjunction with the State educational agency (if such agencies are 
separate), shall award subgrants on a competitive basis under section 
2012(c) to eligible partnerships to enable such partnerships to carry 
out activities described in subsection (b). The State agency for higher 
education shall ensure that such subgrants shall be equitably 
distributed by geographic area within the State, or ensure that 
eligible partnerships in all geographic areas within the State are 
served through the grants.
    ``(b) Use of Funds.--An eligible partnership that receives funds 
under section 2012 shall use the funds for--
            ``(1) professional development activities in core academic 
        subjects to ensure that teachers, paraprofessionals, and, if 
        appropriate, principals have content knowledge in the academic 
        subjects that the teachers teach; and
            ``(2) developing and providing assistance to local 
        educational agencies and individuals who are teachers, 
        paraprofessionals or principals of public and private schools 
        served by each such agency, for sustained, high-quality 
        professional development activities that--
                    ``(A) ensure that the agencies and individuals are 
                able to use State content standards, performance 
                standards, and assessments to improve instructional 
                practices and improve student academic achievement and 
                student performance; and
                    ``(B) may include intensive programs designed to 
                prepare such individuals who will return to a school to 
                provide such instruction to other such individuals 
                within such school.
    ``(c) Special Rule.--No single participant in an eligible 
partnership may use more than 50 percent of the funds made available to 
the partnership under section 2012.
    ``(d) Coordination.--An eligible partnership that receives a grant 
to carry out this subpart and a grant under section 203 of the Higher 
Education Act of 1965 shall coordinate the activities carried out under 
this section and the activities carried out under that section 203.
    ``(e) Eligible Partnership.--In this section, the term `eligible 
partnership' means an entity that--
            ``(1) shall include--
                    ``(A) a private or State institution of higher 
                education and the division of the institution that 
                prepares teachers;
                    ``(B) a school of arts and sciences; and
                    ``(C) a high need local educational agency; and
            ``(2) may include other local educational agencies, a 
        public charter school, a public or private elementary school or 
        secondary school, an educational service agency, a public or 
        private nonprofit educational organization, other institutions 
        of higher education, a school of arts and sciences within such 
        an institution, the division of such an institution that 
        prepares teachers, a nonprofit cultural organization, an entity 
        carrying out a prekindergarten program, a teacher organization, 
        or a business.

          ``Subpart 3--Subgrants to Local Educational Agencies

``SEC. 2031. LOCAL USE OF FUNDS.

    ``(a) Required Activities.--
            ``(1) In general.--Each local educational agency that 
        receives a subgrant to carry out this subpart shall use the 
        subgrant to carry out the activities described in this 
        subsection.
            ``(2) Required professional development activities.--
                    ``(A) Mathematics and science.--
                            ``(i) In general.--Each local educational 
                        agency that receives a subgrant to carry out 
                        this subpart shall use a portion of the funds 
                        made available through the subgrant for 
                        professional development activities in 
                        mathematics and science in accordance with 
                        section 2032.
                            ``(ii) Grandfather of old waivers.--A 
                        waiver provided to a local educational agency 
                        under part D of title XIV prior to the date of 
                        enactment of the Educational Opportunities Act 
                        shall be deemed to be in effect until such time 
                        as the waiver otherwise would have ceased to be 
                        effective.
                    ``(B) Professional development activities.--Each 
                local educational agency that receives a subgrant to 
                carry out this subpart shall use a portion of the funds 
                made available through the subgrant for professional 
                development activities that give teachers, 
                paraprofessionals, and principals the knowledge and 
                skills to provide students with the opportunity to meet 
                challenging State or local content standards and 
                student performance standards. Such activities shall be 
                consistent with section 2032.
    ``(b) Allowable Activities.--Each local educational agency that 
receives a subgrant to carry out this subpart may use the funds made 
available through the subgrant to carry out the following activities:
            ``(1) Recruiting and hiring certified or licensed teachers, 
        including teachers certified through State and local 
        alternative routes, in order to reduce class size, or hiring 
        special education teachers.
            ``(2) Initiatives to assist in recruitment of highly 
        qualified teachers who will be assigned teaching positions 
        within their fields, including--
                    ``(A) providing signing bonuses or other financial 
                incentives, such as differential pay, for teachers to 
                teach in academic subjects in which there exists a 
                shortage of such teachers within a school or the area 
                served by the local educational agency;
                    ``(B) establishing programs that--
                            ``(i) recruit professionals from other 
                        fields and provide such professionals with 
                        alternative routes to teacher certification; 
                        and
                            ``(ii) provide increased opportunities for 
                        minorities, individuals with disabilities, and 
                        other individuals underrepresented in the 
                        teaching profession; and
                    ``(C) implementing hiring policies that ensure 
                comprehensive recruitment efforts as a way to expand 
                the applicant pool of teachers, such as identifying 
                teachers certified through alternative routes, and by 
                implementing a system of intensive screening designed 
                to hire the most qualified applicants.
            ``(3) Initiatives to promote retention of highly qualified 
        teachers and principals, including--
                    ``(A) programs that provide mentoring to newly 
                hired teachers, such as mentoring from master teachers, 
                and to newly hired principals; and
                    ``(B) programs that provide other incentives, 
                including financial incentives, to retain teachers who 
                have a record of success in helping low-achieving 
                students improve their academic success.
            ``(4) Programs and activities that are designed to improve 
        the quality of the teacher force, and the abilities of 
        paraprofessionals and principals, such as--
                    ``(A) innovative professional development programs 
                (which may be through partnerships including 
                institutions of higher education), including programs 
                that train teachers, paraprofessionals, and principals 
                to utilize technology to improve teaching and learning, 
                that are consistent with the requirements of section 
                2032;
                    ``(B) development and utilization of proven, cost-
                effective strategies for the implementation of 
                professional development activities, such as through 
                the utilization of technology and distance learning;
                    ``(C) professional development programs that 
                provide instruction in how to teach children with 
                different learning styles, particularly children with 
                disabilities and children with special learning needs 
                (including children who are gifted and talented); and
                    ``(D) professional development programs that 
                provide instruction in how best to discipline children 
                in the classroom and identify early and appropriate 
                interventions to help children described in 
                subparagraph (C) to learn.
            ``(5) Activities that provide teacher opportunity payments, 
        consistent with section 2033.

``SEC. 2032. PROFESSIONAL DEVELOPMENT FOR TEACHERS.

    ``(a) Limitation Relating to Curriculum and Academic Subjects.--
            ``(1) In general.--Except as provided in paragraph (2), 
        funds made available to carry out this subpart may be provided 
        for a teacher, paraprofessional, or principal, and a 
        professional development activity, only if the activity is--
                    ``(A) directly related to the curriculum and 
                academic subjects in which a teacher provides 
                instruction; or
                    ``(B) designed to enhance the ability of a teacher, 
                paraprofessional, or principal to understand and use 
                State standards for the academic subjects in which a 
                teacher provides instruction.
            ``(2) Exception.--Paragraph (1) shall not be construed to 
        prohibit the use of the funds for professional development 
        activities that provide instruction described in subparagraphs 
        (C) and (D) of section 2031(b)(4).
    ``(b) Other Requirements.--Professional development activities 
provided under this subpart--
            ``(1) shall be tied to challenging State or local content 
        standards and student performance standards;
            ``(2) shall be tied to strategies and programs that 
        demonstrate effectiveness in increasing student academic 
        achievement and student performance, or substantially 
        increasing the knowledge and teaching skills of the teachers 
        participating in the activities;
            ``(3) in the case of activities for teachers, shall be of 
        sufficient intensity and duration to have a positive and 
        lasting impact on the performance of a teacher in the classroom 
        (which shall not include 1-day or short-term workshops and 
        conferences), except that this paragraph shall not apply to an 
        activity if such activity is 1 component described in a long-
        term comprehensive professional development plan established by 
        the teacher and the teacher's supervisor based upon an 
        assessment of the needs of the teacher, the students of the 
        teacher, and the local educational agency involved; and
            ``(4) shall be developed with extensive participation of 
        teachers, paraprofessionals, and principals of schools to be 
        served under this part.
    ``(c) Accountability and Required Payments.--
            ``(1) In general.--If, at the end of any fiscal year, a 
        State determines that a local educational agency has failed to 
        make progress in accordance with section 2014(b)(2) during the 
        fiscal year, the State shall notify the local educational 
        agency that the agency shall be subject to the requirement of 
        paragraph (3).
            ``(2) Technical assistance.--A local educational agency 
        that receives notification pursuant to paragraph (1) may 
        request technical assistance from the State in order to provide 
        the opportunity for such local educational agency to make 
        progress in accordance with section 2014(b)(2).
            ``(3) Requirement to provide teacher opportunity 
        payments.--
                    ``(A) In general.--A local educational agency that 
                receives notification pursuant to paragraph (1) with 
                respect to any 2 consecutive fiscal years shall expend 
                under section 2033 for the succeeding fiscal year a 
                proportion of the funds made available to the agency to 
                carry out this subpart equal to the proportion of such 
                funds expended by the agency for professional 
                development activities for the second fiscal year for 
                which the agency received the notification.
                    ``(B) Requests.--On request by a group of teachers 
                in schools served by the local educational agency, the 
                agency shall use a portion of the funds provided to the 
                agency to carry out this subpart, to provide payments 
                in accordance with section 2033.
            ``(4) Special rule.--
                    ``(A) Subsequent years of progress.--A local 
                educational agency that receives notification from the 
                State pursuant to paragraph (1) with respect to a 
                fiscal year and makes progress in accordance with 
                section 2014(b)(2) for at least the 2 subsequent years 
                shall not be required to provide payments in accordance 
                with section 2033 for the next subsequent year.
                    ``(B) Subsequent years without progress.--A local 
                educational agency that receives notification from the 
                State pursuant to paragraph (1) with respect to a 
                fiscal year and fails to make progress in accordance 
                with section 2014(b)(2) for at least the 2 subsequent 
                fiscal years shall request the technical assistance 
                described in paragraph (2) from the State for the next 
                subsequent year.
    ``(d) Definition.--In this section, the term `professional 
development activity' means an activity described in subsection (a)(2) 
or (b)(4) of section 2031.

``SEC. 2033. TEACHER OPPORTUNITY PAYMENTS.

    ``(a) In General.--A local educational agency receiving funds to 
carry out this subpart may (or in the case of section 2032(c)(3), 
shall) provide payments directly to a teacher or a group of teachers 
seeking opportunities to participate in a professional development 
activity of their choice that meets the criteria set forth in 
subsections (a) and (b) of section 2032.
    ``(b) Notice to Teachers.--Each local educational agency 
distributing payments under this section--
            ``(1) shall establish and implement a timely process 
        through which proper notice of availability of the payments 
        will be given to all teachers in schools served by the agency; 
        and
            ``(2) shall develop a process through which teachers will 
        be specifically recommended by principals to participate in 
        such opportunities by virtue of--
                    ``(A) the teachers' lack of full certification or 
                licensing to teach the academic subjects in which the 
                teachers teach; or
                    ``(B) the teachers' need for additional assistance 
                to ensure that their students make progress toward 
                meeting challenging State content standards and student 
                performance standards.
    ``(c) Selection of Teachers.--In the event adequate funding is not 
available to provide payments under this section to all teachers 
seeking such payments, or recommended under subsection (b)(2), a local 
educational agency shall establish procedures for selecting teachers 
for the payments, which shall provide priority for those teachers 
recommended under subsection (b)(2).
    ``(d) Eligible Activity.--A teacher receiving a payment under this 
section shall have the choice of attending any professional development 
activity that meets the criteria set forth in subsections (a) and (b) 
of section 2032, as determined by the State involved.

``SEC. 2034. LOCAL APPLICATIONS.

    ``(a) In General.--A local educational agency seeking to receive a 
subgrant from a State to carry out this subpart shall submit an 
application to the State at such time as the State shall require.
    ``(b) Local Application Contents.--The local application described 
in subsection (a) shall include, at a minimum, the following:
            ``(1) A description of how the local educational agency 
        intends to use funds provided to carry out this subpart.
            ``(2) An assurance that the local educational agency will 
        target funds to schools served by the local educational agency 
        that--
                    ``(A) have the lowest proportions of highly 
                qualified teachers;
                    ``(B) are identified for school improvement under 
                section 1116(c); or
                    ``(C) are identified for school improvement in 
                accordance with other measures of school quality as 
                determined and documented by the local educational 
                agency.
            ``(3) A description of how the local educational agency 
        will coordinate professional development activities authorized 
        under this subpart with professional development activities 
        provided through other Federal, State, and local programs, 
        including those authorized under--
                    ``(A) titles I and IV, part A of title V, and part 
                A of title VII; and
                    ``(B) where applicable, the Individuals with 
                Disabilities Education Act, the Carl D. Perkins 
                Vocational and Technical Education Act of 1998, and 
                title II of the Higher Education Act of 1965.
            ``(4) A description of how the local educational agency 
        will integrate funds received to carry out this subpart with 
        funds received under part A of title V that are used for 
        professional development to train teachers, paraprofessionals, 
        and principals in how to use technology to improve learning and 
        teaching.
            ``(5) A description of how the local educational agency has 
        collaborated with teachers, paraprofessionals, principals, and 
        parents in the preparation of the application.
            ``(6) A description of how the activities to be carried out 
        by the local educational agency under this subpart will be 
        based on a review of relevant research and an explanation of 
        why the activities are expected to improve student performance 
        and outcomes.

                    ``Subpart 4--National Activities

``SEC. 2041. ALTERNATIVE ROUTES TO TEACHING AND PROMOTING EXCELLENCE IN 
              TEACHING.

    ``(a) Teacher Excellence Academies.--
            ``(1) In general.--The Secretary may award grants on a 
        competitive basis to eligible consortia to carry out activities 
        described in this subsection.
            ``(2) Use of funds.--
                    ``(A) In general.--An eligible consortium receiving 
                funds under this subsection shall use the funds to pay 
                the costs associated with the establishment or 
                expansion of a teacher academy, in an elementary school 
                or secondary school facility, that carries out--
                            ``(i) the activities promoting alternative 
                        routes to teacher certification specified in 
                        subparagraph (B); or
                            ``(ii) the model professional development 
                        activities specified in subparagraph (C).
                    ``(B) Promoting alternative routes to teacher 
                certification.--The activities promoting alternative 
                routes to teacher certification shall, to the extent 
                practicable, provide opportunities for highly qualified 
                individuals with a baccalaureate degree (including mid-
                career professionals from other occupations, 
                paraprofessionals, former military personnel, and 
                recent college or university graduates with records of 
                academic distinction) to enter the teaching field, 
                through activities such as--
                            ``(i) providing stipends, in exchange for 
                        fulfillment of a reasonable service 
                        requirement, to the highly qualified 
                        individuals, to permit the individuals to fill 
                        teaching needs in academic subjects in which 
                        there is a demonstrated shortage of teachers;
                            ``(ii) providing for the recruitment and 
                        hiring of master teachers to mentor and train 
                        student teachers within such academies; or
                            ``(iii) carrying out other activities that 
                        promote and strengthen alternative routes to 
                        teacher certification.
                    ``(C) Model professional development.--The model 
                professional development activities shall be activities 
                providing ongoing professional development 
                opportunities for teachers, such as--
                            ``(i) innovative programs and model 
                        curricula in the area of professional 
                        development, which may serve as models to be 
                        disseminated to other schools and local 
                        educational agencies; and
                            ``(ii) the development of innovative 
                        techniques for evaluating the effectiveness of 
                        professional development programs.
            ``(3) Grant for special consortium.--In making grants under 
        this subsection, the Secretary shall award not less than 1 
        grant to an eligible consortium that--
                    ``(A) includes a high need local educational agency 
                located in a rural area; and
                    ``(B) proposes activities that involve the 
                extensive use of distance learning in order to provide 
                the applicable course work to student teachers.
            ``(4) Special rule.--No single participant in an eligible 
        consortium may use more than 50 percent of the funds made 
        available to the consortium under this subsection.
            ``(5) Application.--To be eligible to receive a grant under 
        this subsection, an eligible consortium shall submit an 
        application to the Secretary at such time, in such manner, and 
        containing such information as the Secretary may reasonably 
        require.
            ``(6) Eligible consortium.--In this subsection, the term 
        `eligible consortium' means a consortium for a State that--
                    ``(A) shall include--
                            ``(i) the State agency responsible for 
                        certifying or licensing teachers;
                            ``(ii) not less than 1 high need local 
                        educational agency;
                            ``(iii) a school of arts and sciences; and
                            ``(iv) an institution that prepares 
                        teachers; and
                    ``(B) may include local educational agencies, 
                public charter schools, public or private elementary 
                schools or secondary schools, educational service 
                agencies, public or private nonprofit educational 
                organizations, museums, or businesses.
    ``(b) National Board for Professional Teaching Standards.--
            ``(1) National board certification.--The Secretary may 
        award grants to the National Board for Professional Teaching 
        Standards to enable the Board to complete a system of national 
        board certification. The Secretary may award grants for fiscal 
        year 2001.
            ``(2) Advanced certification or credentialing.--The 
        Secretary may support activities to encourage and support 
        teachers seeking advanced certification or advanced 
        credentialing through high quality professional teacher 
        enhancement programs designed to improve teaching and learning.
    ``(c) Teacher Training in Mathematics and Science.--
            ``(1) In general.--The Secretary may award grants, on a 
        competitive basis, to eligible entities to support and promote 
        the establishment of teacher training programs relating to the 
        core subject areas of mathematics and science.
            ``(2) Use of funds.--The programs shall include teacher 
        training with respect to the establishment of mentoring 
        programs, model programs, or other programs, that encourage 
        students, including young women, to pursue demanding careers 
        and postsecondary degrees in mathematics and science, including 
        engineering and technology.
            ``(3) Development.--In carrying out a teacher training 
        program under this section, the eligible entity may carry out a 
        program jointly developed by the entity and by a business, an 
        industry, or an institution of higher education.
            ``(4) Application.--To be eligible to receive a grant under 
        this subsection, an entity shall submit an application to the 
        Secretary at such time, in such manner, and containing such 
        information as the Secretary may require.
    ``(d) Eisenhower National Clearinghouse for Mathematics and Science 
Education.--
            ``(1) In general.--The Secretary may award a grant or 
        contract, in consultation with the Director of the National 
        Science Foundation, to an entity to continue the Eisenhower 
        National Clearinghouse for Mathematics and Science Education 
        (referred to in this subsection as the `Clearinghouse').
            ``(2) Use of funds.--
                    ``(A) In general.--The Clearinghouse may use the 
                funds made available through the grant or contract to 
                carry out the functions of the Clearinghouse, as of the 
                date of enactment of the Educational Opportunities Act.
                    ``(B) Language arts; social studies.--The 
                Clearinghouse may also use the funds to provide 
                information and resources in the areas of language arts 
                and social studies.
                    ``(C) Qualitative and evaluative materials and 
                programs.--The Clearinghouse may also use the funds to 
                collect (in consultation with the Secretary, national 
                teacher associations, professional associations, and 
                other reviewers and developers of educational materials 
                and programs) qualitative and evaluative materials and 
                programs for the Clearinghouse, review the evaluation 
                of the materials and programs, rank the effectiveness 
                of the materials and programs on the basis of the 
                evaluations, and distribute the results of the reviews 
                to teachers in an easily accessible manner. Nothing in 
                this subparagraph shall be construed to permit the 
                Clearinghouse to directly conduct an evaluation of the 
                qualitative and evaluative materials or programs.
    ``(e) Troops-to-Teachers Program.--
            ``(1) Purpose.--The purpose of this subsection is to 
        authorize a mechanism for the funding and administration of the 
        Troops-to-Teachers Program established by the Troops-to-
        Teachers Program Act of 1999 (title XVII of the National 
        Defense Authorization Act for Fiscal Year 2000).
            ``(2) Transfer of funds for administration of program.--To 
        the extent that funds are made available under this Act for the 
        Troops-to-Teachers Program, the Secretary of Education shall 
        use the funds to enter into a contract with the Defense 
        Activity for Non-Traditional Education Support of the 
        Department of Defense. The Defense Activity shall use the 
        amounts made available through the contract to perform the 
        actual administration of the Troops-to-Teachers Program, 
        including the selection of participants in the Program under 
        section 1704 of the Troops-to-Teachers Program Act of 1999. The 
        Secretary of Education may retain a portion of the funds to 
        identify local educational agencies with concentrations of 
        children from low-income families or with teacher shortages and 
        States with alternative certification or licensure 
        requirements, as required by section 1702 of such Act.

                          ``Subpart 5--Funding

``SEC. 2051. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Fiscal Year 2001.--There are authorized to be appropriated to 
carry out this part $2,000,000,000 for fiscal year 2001, of which 
$40,000,000 shall be available to carry out subpart 4.
    ``(b) Other Fiscal Years.--There are authorized to be appropriated 
to carry out this part such sums as may be necessary for each of fiscal 
years 2002 through 2005.

                    ``Subpart 6--General Provisions

``SEC. 2061. DEFINITIONS.

    ``In this part:
            ``(1) Arts and sciences.--The term `arts and sciences' has 
        the meaning given the term in section 201(b) of the Higher 
        Education Act of 1965.
            ``(2) Core academic subjects.--The term `core academic 
        subjects' means those subjects listed under the third of the 
        America's Education Goals.
            ``(3) Highly qualified.--The term `highly qualified' 
        means--
                    ``(A) with respect to an elementary school teacher, 
                a teacher--
                            ``(i) with an academic major in the arts 
                        and sciences; or
                            ``(ii) who can demonstrate competence 
                        through a high level of performance in core 
                        academic subjects; and
                    ``(B) with respect to a secondary school teacher, a 
                teacher--
                            ``(i) with an academic major in the 
                        academic subject in which the teacher teaches 
                        or in a related field;
                            ``(ii) who can demonstrate a high level of 
                        competence through rigorous academic subject 
                        tests; or
                            ``(iii) who can demonstrate competence 
                        through a high level of performance in relevant 
                        content areas.
            ``(4) High need local educational agency.--The term `high 
        need local educational agency' has the meaning given the term 
        in section 201(b) of the Higher Education Act of 1965.
            ``(5) Out-of-field teacher.--The term `out-of-field 
        teacher' means a teacher--
                    ``(A) teaching an academic subject for which the 
                teacher is not highly qualified, as determined by the 
                State involved; or
                    ``(B) who did not receive a degree from an 
                institution of higher education with a major or minor 
                in the field in which the teacher teaches.
            ``(6) Poverty line.--The term `poverty line' means the 
        poverty line (as defined by the Office of Management and Budget 
        and revised annually in accordance with section 673(2) of the 
        Community Services Block Grant Act) applicable to a family of 
        the size involved.
            ``(7) State.--The term `State', used with respect to an 
        individual, entity, or agency, means--
                    ``(A) except as provided in subparagraph (B), the 
                Governor of a State (as defined in section 3); or
                    ``(B) in the case of a State (as so defined) for 
                which the constitution or law of the State designates 
                another individual, entity, or agency in the State to 
                be responsible for elementary and secondary education 
                programs, such individual, entity, or agency.''.

SEC. 202. LEADERSHIP EDUCATION AND DEVELOPMENT PROGRAM.

    Part B of title II (20 U.S.C. 6641 et seq.) is amended to read as 
follows:

         ``PART B--LEADERSHIP EDUCATION AND DEVELOPMENT PROGRAM

``SEC. 2201. LEADERSHIP PROGRAMS.

    ``(a) Definition.--In this section, the term `school leader' means 
an elementary school or secondary school superintendent, principal, 
assistant principal, or teacher, or another individual in a management 
or leadership position with a State or region of a State whose work 
directly impacts teaching and learning relating to elementary or 
secondary education.
    ``(b) Grants.--The Secretary shall award grants to eligible 
entities (including State educational agencies, institutions of higher 
education, local educational agencies, and nonprofit educational 
organizations) and consortia of such entities to enable such entities 
or consortia to pay for the Federal share of the cost of providing 
professional development services for school leaders to develop or 
enhance the leadership skills of the school leaders. In providing the 
services, the entities and consortia shall work in cooperation with 
school leaders and other appropriate individuals.
    ``(c) Award Basis.--The Secretary shall award a grant under this 
section to an eligible entity or consortium on the basis of criteria 
that include--
            ``(1) the quality of the proposed use of the grant funds;
            ``(2) the educational need of the State, community, or 
        region to be served under the grant; and
            ``(3) the need for equitable distribution of the grants 
        among urban and rural communities and school districts, and 
        equitable geographic representation of regions of the United 
        States.
    ``(d) Application.--To be eligible to receive a grant under this 
section, an eligible entity or consortium shall prepare and submit to 
the Secretary an application at such time, in such manner, and 
containing such information as the Secretary may require, including an 
assurance that school leaders were involved in developing the 
application and determining the proposed use of the grant funds.
    ``(e) Use of Funds.--
            ``(1) In general.--An eligible entity or consortium that 
        receives a grant under this section shall use funds received 
        through the grant to provide assistance for training, 
        education, and other activities to increase the leadership and 
        other skills of school leaders.
            ``(2) Specific activities.--In order to improve the quality 
        of education delivered to the children in the State, community, 
        or region in which the entity or consortium is located, the 
        entity or consortium shall use the funds received through the 
        grant for activities that include--
                    ``(A) providing school leaders with effective 
                leadership, management, and instructional skills and 
                practices;
                    ``(B) enhancing and developing the school 
                management and business skills of school leaders;
                    ``(C) improving the understanding of school leaders 
                of the effective use of educational technology;
                    ``(D) improving the knowledge of school leaders 
                regarding challenging State content and performance 
                standards;
                    ``(E) encouraging highly qualified individuals to 
                become school leaders and developing and enhancing the 
                instructional, leadership, school management, parent 
                and community involvement, mentoring, and staff 
                evaluation skills of school leaders; and
                    ``(F) establishing sustained and rigorous support 
                for mentorships and for developing a network of school 
                leaders within the State with the goal of strengthening 
                and improving the leadership of school leaders.
    ``(f) Federal Share.--
            ``(1) In general.--The Federal share of the cost described 
        in subsection (b) shall be not more than 80 percent.
            ``(2) Non-federal share.--An entity or consortium may 
        provide the non-Federal share of the cost in cash or in kind, 
        fairly evaluated, including plant, equipment, or services.
            ``(3) Waivers.--The Secretary may grant waivers of 
        paragraph (1) for entities or consortia serving low-income 
        areas, as determined by the Secretary.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $100,000,000 for fiscal year 
2001 and such sums as may be necessary for the 4 subsequent fiscal 
years.''.

SEC. 203. READING EXCELLENCE.

    (a) Part Heading.--The part heading for part C of title II (20 
U.S.C. 6661 et seq.) is amended to read as follows:

                  ``PART C--READING EXCELLENCE ACT''.

    (b) Authorization of Appropriations.--Section 2260(a) (20 U.S.C. 
6661i(a)) is amended by adding at the end the following:
            ``(3) Fiscal years 2001 through 2004.--There are authorized 
        to be appropriated to carry out this part $280,000,000 for 
        fiscal year 2001 and such sums as may be necessary for the 4 
        subsequent fiscal years.''.
    (c) Short Title.--Part C of title II (20 U.S.C. 6661 et seq.) is 
amended by adding at the end the following:

``SEC. 2261. SHORT TITLE.

    ``This part may be cited as the `Reading Excellence Act'.''.

SEC. 204. NATIONAL WRITING PROJECT.

    Part D of title II (20 U.S.C. 6671 et seq.) is amended to read as 
follows:

                   ``PART D--NATIONAL WRITING PROJECT

``SEC. 2301. PURPOSE.

    ``The purpose of this part is--
            ``(1) to support and promote the expansion of the National 
        Writing Project network of sites so that teachers in every 
        region of the United States will have access to a National 
        Writing Project program;
            ``(2) to ensure the consistent high quality of the programs 
        through ongoing review, evaluation, and provision of technical 
        assistance;
            ``(3) to support and promote the establishment of programs 
        to disseminate information on effective practices and research 
        findings about the teaching of writing; and
            ``(4) to coordinate activities assisted under this part 
        with other activities assisted under this Act.

``SEC. 2302. NATIONAL WRITING PROJECT.

    ``(a) Authorization.--The Secretary is authorized to make a grant 
to the National Writing Project (referred to in this section as the 
`grantee'), a nonprofit educational organization that has, as the 
primary purpose of the organization, the improvement of the quality of 
student writing and learning, to support the establishment and 
operation of teacher training programs to improve the teaching and uses 
of writing for learning in the Nation's classrooms.
    ``(b) Requirements of Grant.--The grant agreement for the grant 
shall provide that--
            ``(1) the grantee will enter into contracts with 
        institutions of higher education or other nonprofit educational 
        providers (referred to individually in this section as a 
        `contractor') under which the contractors will agree to 
        establish, operate, and provide the non-Federal share of the 
        cost of establishing and operating teacher training programs 
        concerning effective approaches and processes for the teaching 
        of writing;
            ``(2) funds made available by the Secretary to the grantee 
        under this section will be used to pay for the Federal share of 
        the cost of establishing and operating teacher training 
        programs as provided in paragraph (1); and
            ``(3) the grantee will meet such other conditions and 
        standards as the Secretary determines to be necessary to assure 
        compliance with the provisions of this section and will provide 
        such technical assistance as may be necessary to carry out the 
        provisions of this section.
    ``(c) Teacher Training Programs.--In operating a teacher training 
program authorized in subsection (a), a contractor shall--
            ``(1) conduct the program during the school year and during 
        the summer months;
            ``(2) train teachers who teach kindergarten, grades 1 
        through 12, and college;
            ``(3) select teachers to become members of a National 
        Writing Project teacher network, for which each member will 
        conduct writing workshops for other teachers in the area served 
        by a National Writing Project site; and
            ``(4) encourage teachers from all disciplines to 
        participate in such a teacher training program.
    ``(d) Federal Share.--
            ``(1) In general.--In this section, except as provided in 
        paragraph (2) or (3), the term `Federal share' means, with 
        respect to the cost of establishing and operating teacher 
        training programs authorized in subsection (a), 50 percent of 
        such cost to the contractor.
            ``(2) Waiver.--The Secretary may waive the provisions of 
        paragraph (1) on a case-by-case basis if the National Advisory 
        Board described in subsection (e) determines, on the basis of 
        financial need, that such waiver is necessary.
            ``(3) Maximum.--The Federal share of the cost described in 
        subsection (b) may not exceed $100,000 for any 1 contractor, or 
        $200,000 for a statewide program administered by any 1 
        contractor in at least 5 sites throughout the State.
    ``(e) National Advisory Board.--
            ``(1) Establishment.--The National Writing Project shall 
        establish and operate a National Advisory Board.
            ``(2) Composition.--The National Advisory Board established 
        pursuant to paragraph (1) shall consist of--
                    ``(A) national educational leaders;
                    ``(B) leaders in the field of writing; and
                    ``(C) such other individuals as the National 
                Writing Project determines to be necessary.
            ``(3) Duties.--The National Advisory Board established 
        pursuant to paragraph (1) shall--
                    ``(A) advise the National Writing Project on 
                national issues related to student writing and the 
                teaching of writing;
                    ``(B) review the activities and programs of the 
                National Writing Project; and
                    ``(C) support the continued development of the 
                National Writing Project.
    ``(f) Teacher Training Evaluation.--
            ``(1) In general.--
                    ``(A) Evaluation.--The Secretary shall conduct an 
                independent evaluation by grant or contract of the 
                teacher training programs administered pursuant to this 
                section in accordance with part B of title X. In 
                conducting the evaluation, the Secretary shall 
                determine the amount of funds expended by the National 
                Writing Project and each contractor receiving 
                assistance under this section for administrative costs.
                    ``(B) Report.--The Secretary shall submit a report 
                containing the results of such evaluation, including 
                the amount determined by the Secretary under 
                subparagraph (A), to the appropriate committees of 
                Congress.
            ``(2) Funding limitation.--The Secretary shall reserve not 
        more than $150,000 from the total amount appropriated pursuant 
        to the authority of subsection (h) for fiscal year 2001 and the 
        4 subsequent fiscal years to conduct the evaluation described 
        in paragraph (1).
    ``(g) Application Review.--
            ``(1) Review board.--The National Writing Project shall 
        establish and operate a National Review Board that shall 
        consist of--
                    ``(A) leaders in the field of research in writing; 
                and
                    ``(B) such other individuals as the National 
                Writing Project determines to be necessary.
            ``(2) Duties.--The National Review Board shall--
                    ``(A) review all applications for assistance 
                submitted under this section; and
                    ``(B) recommend applications for assistance 
                submitted under this section for funding by the 
                National Writing Project.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, $15,000,000 for fiscal year 
2001, and such sums as may be necessary for each of the 4 subsequent 
fiscal years.''.

SEC. 205. GENERAL PROVISIONS.

    Title II (20 U.S.C. 6601 et seq.) is amended--
            (1) by redesignating part E as part G; and
            (2) by repealing sections 2401 and 2402 and inserting the 
        following:

``SEC. 2601. PROHIBITION ON MANDATORY NATIONAL CERTIFICATION OR 
              LICENSING OF TEACHERS.

    ``(a) Prohibition on Mandatory Testing, Certification, or 
Licensing.--Notwithstanding any other provision of law, the Secretary 
may not use Federal funds to plan, develop, implement, or administer 
any mandatory national teacher test or mandatory method of 
certification or licensing.
    ``(b) Prohibition on Withholding Funds.--The Secretary may not 
withhold funds from any State or local educational agency if such State 
or local educational agency fails to adopt a specific method of teacher 
certification or licensing.

``SEC. 2602. HOME SCHOOLS.

    ``Nothing in this title shall be construed to permit, allow, 
encourage, or authorize any Federal control over any aspect of any 
private, religious, or home school, whether a home school is treated as 
a private school or home school under the law of the State involved, 
except that the Secretary may require that funds provided to a school 
under this title be used for the purposes described in this title. This 
section shall not be construed to bar private, religious, or home 
schools from participating in or receiving programs or services under 
this title.''.

SEC. 206. NEW CENTURY PROGRAM AND DIGITAL EDUCATION CONTENT 
              COLLABORATIVE.

    Title II is amended by inserting before part G (20 U.S.C. 6701 et 
seq.) the following:

``PART E--THE NEW CENTURY PROGRAM FOR DISTRIBUTED TEACHER PROFESSIONAL 
                              DEVELOPMENT

``SEC. 2401. PROJECT AUTHORIZED.

    ``(a) Purpose.--It is the purpose of this part to carry out a 
program designed to assist elementary school and secondary school 
teachers in preparing all students for achieving State content 
standards.
    ``(b) Grants.--The Secretary may make a grant to a nonprofit 
telecommunications entity, or a partnership of such entities, for the 
purpose of carrying out a national telecommunications-based program to 
improve teaching in core curriculum areas to achieve the purpose 
described in subsection (a).

``SEC. 2402. APPLICATION.

    ``(a) In General.--Each nonprofit telecommunications entity, or 
partnership of such entities, desiring a grant under this part shall 
submit an application to the Secretary. Each such application shall--
            ``(1) demonstrate that the applicant will use the public 
        broadcasting infrastructure and school digital networks, where 
        available, to deliver video and data in an integrated service 
        to train teachers in the use of standards-based curricula 
        materials and learning technologies;
            ``(2) provide an assurance that the project for which the 
        assistance is being sought will be conducted in cooperation 
        with appropriate State educational agencies, local educational 
        agencies, national, State, or local nonprofit public 
        telecommunications entities, and national education 
        professional associations that have developed content standards 
        in the relevant subject areas;
            ``(3) provide an assurance that a significant portion of 
        the benefits available for elementary schools and secondary 
        schools from the project for which the assistance is being 
        sought will be available to schools of local educational 
        agencies which have a high percentage of children counted under 
        section 1124(c); and
            ``(4) contain such additional assurances as the Secretary 
        may reasonably require.
    ``(b) Approval, Number of Sites.--In approving applications under 
this section, the Secretary shall ensure that the program authorized by 
this part is conducted at elementary school and secondary school sites 
in at least 15 States.

``SEC. 2403. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part, 
$20,000,000 for fiscal year 2001, and such sums as may be necessary for 
each of the 4 subsequent fiscal years.

           ``PART F--DIGITAL EDUCATION CONTENT COLLABORATIVE

``SEC. 2501. DIGITAL EDUCATION CONTENT COLLABORATIVE.

    ``(a) In General.--The Secretary may award grants to, or enter into 
contracts or cooperative agreements with, eligible entities described 
in section 2502(b) to develop, produce, and distribute educational and 
instructional video programming that is designed for use by 
kindergarten through grade 12 schools and based on State standards.
    ``(b) Availability.--In awarding grants, contracts, or cooperative 
agreements under subsection (a), the Secretary shall ensure that 
eligible entities enter into multiyear content development 
collaborative arrangements with State educational agencies, local 
educational agencies, institutions of higher education, businesses, or 
other agencies and organizations.

``SEC. 2502. EDUCATIONAL PROGRAMMING.

    ``(a) Awards.--The Secretary shall award grants, contracts, or 
cooperative agreements under this part to eligible entities to 
facilitate the development of educational programming that shall--
            ``(1) include student assessment tools to provide feedback 
        on student performance;
            ``(2) include built-in teacher utilization and support 
        components to ensure that teachers understand and can easily 
        use the content of the programming with group instruction or 
        for individual student use;
            ``(3) be created for, or adaptable to, State content 
        standards; and
            ``(4) be capable of distribution through digital 
        broadcasting and school digital networks.
    ``(b) Eligible Entities.--To be eligible to receive a grant, 
contract, or cooperative agreement under section 2501(a), an entity 
shall be a local public telecommunications entity as defined in section 
397(12) of the Communications Act of 1934 that is able to demonstrate a 
capacity for the development and distribution of educational and 
instructional television programming of high quality.
    ``(c) Competitive Basis.--Grants, contracts, or cooperative 
agreements under this part shall be awarded on a competitive basis as 
determined by the Secretary.
    ``(d) Duration.--Each grant, contract, or cooperative agreement 
under this part shall be awarded for a period of 3 years in order to 
allow time for the creation of a substantial body of significant 
content.

``SEC. 2503. APPLICATIONS.

    ``Each eligible entity desiring a grant, contract, or cooperative 
agreement under this part shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information as 
the Secretary may reasonably require.

``SEC. 2504. MATCHING REQUIREMENT.

    ``An eligible entity receiving a grant, contract, or cooperative 
agreement under this part shall contribute to the activities assisted 
under this part non-Federal matching funds in an amount equal to not 
less than 100 percent of the amount of the grant, contract, or 
cooperative agreement. Non-Federal funds may include funds provided 
from a non-Federal source for the transition to digital broadcasting, 
as well as in-kind contributions.

``SEC. 2505. ADMINISTRATIVE COSTS.

    ``With respect to the implementation of this part, entities 
receiving a grant, contract, or cooperative agreement under this part 
may use not more than 5 percent of the amounts received under the 
grant, contract, or cooperative agreement for the normal and customary 
expenses of administering the grant.

``SEC. 2506. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part, 
$25,000,000 for fiscal year 2001, and such sums as may be necessary for 
each of the 4 subsequent fiscal years.''.

SEC. 207. CONFORMING AMENDMENTS.

    (a) Ed-Flex Programs.--Section 4(b)(2) of the Education Flexibility 
Partnership Act of 1999 (20 U.S.C. 5891b(b)(2)) is amended by striking 
``Part B of title II'' and inserting ``Subparts 1, 2, and 3 of part A 
of title II''.
    (b) Waiver Authority of Secretary of Education.--Section 502(b)(2) 
of the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6212(b)(2)) 
is amended by striking ``part A of title II'' and inserting ``subpart 4 
of part A of title II''.

                   TITLE III--ENRICHMENT INITIATIVES

SEC. 301. ENRICHMENT INITIATIVES.

    Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:

                  ``TITLE III--ENRICHMENT INITIATIVES

           ``PART A--21ST CENTURY COMMUNITY LEARNING CENTERS

``SEC. 3101. SHORT TITLE.

    ``This part may be cited as the ``21st Century Community Learning 
Centers Act''.

``SEC. 3102. PURPOSE.

    It is the purpose of this part--
            ``(1) to provide local public schools with the opportunity 
        to serve as centers for the delivery of education and human 
        resources for all members of communities;
            ``(2) to enable public schools, primarily in rural and 
        inner city communities, to collaborate with other public and 
        nonprofit agencies and organizations, local businesses, 
        educational entities (such as vocational and adult education 
        programs, school-to-work programs, community colleges, and 
        universities), recreational, cultural, and other community and 
        human service entities, to meet the needs of, and expand the 
        opportunities available to, the residents of the communities 
        served by such schools;
            ``(3) to use school facilities, equipment, and resources so 
        that communities can promote a more efficient use of public 
        education facilities, especially in rural and inner city areas 
        where limited financial resources have enhanced the necessity 
        for local public schools to become social service centers;
            ``(4) to enable schools to become centers of lifelong 
        learning; and
            ``(5) to enable schools to provide educational 
        opportunities for individuals of all ages.

``SEC. 3103. PROGRAM AUTHORIZATION.

    ``(a) Grants by the Secretary.--The Secretary is authorized, in 
accordance with the provisions of this part, to award grants to rural 
and inner-city public elementary or secondary schools, or consortia of 
such schools, to enable such schools or consortia to plan, implement, 
or to expand projects that benefit the educational, health, social 
service, cultural, and recreational needs of a rural or inner-city 
community.
    ``(b) Equitable Distribution.--In awarding grants under this part, 
the Secretary shall assure an equitable distribution of assistance 
among the States, among urban and rural areas of the United States, and 
among urban and rural areas of a State.
    ``(c) Grant Period.--The Secretary shall award grants under this 
part for a period not to exceed 3 years.
    ``(d) Amount.--The Secretary shall not award a grant under this 
part in any fiscal year in an amount less than $35,000.

``SEC. 3104. APPLICATION REQUIRED.

    ``(a) Application.--To be eligible to receive a grant under this 
part, an elementary or secondary school or consortium shall submit an 
application to the Secretary at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
prescribe. Each such application shall include--
            ``(1) a comprehensive local plan that enables the school or 
        consortium to serve as a center for the delivery of education 
        and human resources for members of a community;
            ``(2) an evaluation of the needs, available resources, and 
        goals and objectives for the proposed project in order to 
        determine which activities will be undertaken to address such 
        needs; and
            ``(3) a description of the proposed project, including--
                    ``(A) a description of the mechanism that will be 
                used to disseminate information in a manner that is 
                understandable and accessible to the community;
                    ``(B) identification of Federal, State, and local 
                programs to be merged or coordinated so that public 
                resources may be maximized;
                    ``(C) a description of the collaborative efforts to 
                be undertaken by community-based organizations, related 
                public agencies, businesses, or other appropriate 
                organizations;
                    ``(D) a description of how the school or consortium 
                will serve as a delivery center for existing and new 
                services, especially for interactive telecommunication 
                used for education and professional training; and
                    ``(E) an assurance that the school or consortium 
                will establish a facility utilization policy that 
                specifically states--
                            ``(i) the rules and regulations applicable 
                        to building and equipment use; and
                            ``(ii) supervision guidelines.
    ``(b) Priority.--The Secretary shall give priority to applications 
describing projects that offer a broad selection of services which 
address the needs of the community.

``SEC. 3105. USES OF FUNDS.

    ``Grants awarded under this part may be used to plan, implement, or 
expand community learning centers which include not less than four of 
the following activities:
            ``(1) Literacy education programs.
            ``(2) Senior citizen programs.
            ``(3) Children's day care services.
            ``(4) Integrated education, health, social service, 
        recreational, or cultural programs.
            ``(5) Summer and weekend school programs in conjunction 
        with recreation programs.
            ``(6) Nutrition and health programs.
            ``(7) Expanded library service hours to serve community 
        needs.
            ``(8) Telecommunications and technology education programs 
        for individuals of all ages.
            ``(9) Parenting skills education programs.
            ``(10) Support and training for child day care providers.
            ``(11) Employment counseling, training, and placement.
            ``(12) Services for individuals who leave school before 
        graduating from secondary school, regardless of the age of such 
        individual.
            ``(13) Services for individuals with disabilities.

``SEC. 3106. DEFINITION.

    ``For the purpose of this part, the term `community learning 
center' means an entity within a public elementary or secondary school 
building that--
            ``(1) provides educational, recreational, health, and 
        social service programs for residents of all ages within a 
        local community; and
            ``(2) is operated by a local educational agency in 
        conjunction with local governmental agencies, businesses, 
        vocational education programs, institutions of higher 
        education, community colleges, and cultural, recreational, and 
        other community and human service entities.

``SEC. 3107. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $500,000,000 for fiscal 
year 2001, and such sums as may be necessary for each of the four 
succeeding fiscal years, to carry out this part.

  ``PART B--INITIATIVES FOR NEGLECTED, DELINQUENT, OR AT RISK STUDENTS

  ``Subpart 1--Prevention and Intervention Programs for Children and 
    Youth Who Are Neglected, Delinquent, or at Risk of Dropping Out

``SEC. 3321. PURPOSE; PROGRAM AUTHORIZED.

    ``(a) Purpose.--It is the purpose of this subpart--
            ``(1) to improve educational services for children in local 
        and State institutions for neglected or delinquent children and 
        youth so that such children and youth have the opportunity to 
        meet the same challenging State content standards and 
        challenging State student performance standards that all 
        children in the State are expected to meet;
            ``(2) to provide such children and youth with the services 
        needed to make a successful transition from 
        institutionalization to further schooling or employment; and
            ``(3) to prevent at-risk youth from dropping out of school 
        and to provide dropouts and youth returning from institutions 
        with a support system to ensure their continued education.
    ``(b) Program Authorized.--In order to carry out the purpose of 
this subpart the Secretary shall make grants to State educational 
agencies to enable such agencies to award subgrants to State agencies 
and local educational agencies to establish or improve programs of 
education for neglected or delinquent children and youth at risk of 
dropping out of school before graduation.

``SEC. 3322. PAYMENTS FOR PROGRAMS UNDER THIS SUBPART.

    ``(a) Agency Subgrants.--Based on the allocation amount computed 
under section 3332, the Secretary shall allocate to each State 
educational agency amounts necessary to make subgrants to State 
agencies under chapter 1.
    ``(b) Local Subgrants.--Each State shall retain, for purposes of 
carrying out chapter 2, funds generated throughout the State under part 
A of title I based on youth residing in local correctional facilities, 
or attending community day programs for delinquent children and youth.

                   ``Chapter 1--State Agency Programs

``SEC. 3331. ELIGIBILITY.

    ``A State agency is eligible for assistance under this chapter if 
such State agency is responsible for providing free public education 
for children--
            ``(1) in institutions for neglected or delinquent children 
        and youth;
            ``(2) attending community day programs for neglected or 
        delinquent children and youth; or
            ``(3) in adult correctional institutions.

``SEC. 3332. ALLOCATION OF FUNDS.

    ``(a) Subgrants to State Agencies.--
            ``(1) In general.--Each State agency described in section 
        3331 (other than an agency in the Commonwealth of Puerto Rico) 
        is eligible to receive a subgrant under this subpart, for each 
        fiscal year, an amount equal to the product of--
                    ``(A) the number of neglected or delinquent 
                children and youth described in section 3331 who--
                            ``(i) are enrolled for at least 15 hours 
                        per week in education programs in adult 
                        correctional institutions; and
                            ``(ii) are enrolled for at least 20 hours 
                        per week--
                                    ``(I) in education programs in 
                                institutions for neglected or 
                                delinquent children and youth; or
                                    ``(II) in community day programs 
                                for neglected or delinquent children 
                                and youth; and
                    ``(B) 40 percent of the average per-pupil 
                expenditure in the State, except that the amount 
                determined under this subparagraph shall not be less 
                than 32 percent, nor more than 48 percent, of the 
                average per-pupil expenditure in the United States.
            ``(2) Special rule.--The number of neglected or delinquent 
        children and youth determined under paragraph (1) shall--
                    ``(A) be determined by the State agency by a 
                deadline set by the Secretary, except that no State 
                agency shall be required to determine the number of 
                such children and youth on a specific date set by the 
                Secretary; and
                    ``(B) be adjusted, as the Secretary determines is 
                appropriate, to reflect the relative length of such 
                agency's annual programs.
    ``(b) Subgrants to State Agencies in Puerto Rico.--For each fiscal 
year, the amount of the subgrant for which a State agency in the 
Commonwealth of Puerto Rico is eligible under this subpart shall be 
equal to--
            ``(1) the number of children and youth counted under 
        subsection (a)(1)(A) for the Commonwealth of Puerto Rico; 
        multiplied by
            ``(2) the product of--
                    ``(A) the percentage that the average per-pupil 
                expenditure in the Commonwealth of Puerto Rico is of 
                the lowest average per-pupil expenditure of any of the 
                50 States; and
                    ``(B) 32 percent of the average per-pupil 
                expenditure in the United States.
    ``(c) Ratable Reductions in Case of Insufficient Appropriations.--
If the amount appropriated for any fiscal year for subgrants under 
subsections (a) and (b) is insufficient to pay the full amount for 
which all State agencies are eligible under such subsections, the 
Secretary shall ratably reduce each such amount.

``SEC. 3333. STATE REALLOCATION OF FUNDS.

    ``If a State educational agency determines that a State agency does 
not need the full amount of the subgrant for which such State agency is 
eligible under this subpart for any fiscal year, the State educational 
agency may reallocate the amount that will not be needed to other 
eligible State agencies that need additional funds to carry out the 
purpose of this subpart, in such amounts as the State educational 
agency shall determine.

``SEC. 3334. STATE PLAN AND STATE AGENCY APPLICATIONS.

    ``(a) State Plan.--
            ``(1) In general.--Each State educational agency that 
        desires to receive a grant under this subpart shall submit, for 
        approval by the Secretary, a plan for meeting the needs of 
        neglected and delinquent children and youth and, where 
        applicable, children and youth at risk of dropping out of 
        school, that is integrated with other programs under this Act, 
        or other Acts, as appropriate, consistent with section 6506.
            ``(2) Contents.--Each such State plan shall--
                    ``(A) describe the program goals, objectives, and 
                performance measures established by the State that will 
                be used to assess the effectiveness of the program in 
                improving academic and vocational skills of children in 
                the program;
                    ``(B) provide that, to the extent feasible, such 
                children will have the same opportunities to learn as 
                such children would have if such children were in the 
                schools of local educational agencies in the State; and
                    ``(C) contain assurances that the State educational 
                agency will--
                            ``(i) ensure that programs assisted under 
                        this subpart will be carried out in accordance 
                        with the State plan described in this 
                        subsection;
                            ``(ii) carry out the evaluation 
                        requirements of section 3351;
                            ``(iii) ensure that the State agencies 
                        receiving subgrants under this chapter comply 
                        with all applicable statutory and regulatory 
                        requirements; and
                            ``(iv) provide such other information as 
                        the Secretary may reasonably require.
            ``(3) Duration of the plan.--Each State plan shall--
                    ``(A) remain in effect for the duration of the 
                State's participation under this subpart; and
                    ``(B) be periodically reviewed and revised by the 
                State, as necessary, to reflect changes in the State's 
                strategies and programs under this subpart.
    ``(b) Secretarial Approval; Peer Review.--
            ``(1) In general.--The Secretary shall approve each State 
        plan that meets the requirements of this subpart.
            ``(2) Peer review.--The Secretary may review any State plan 
        with the assistance and advice of individuals with relevant 
        expertise.
    ``(c) State Agency Applications.--Any State agency that desires to 
receive funds to carry out a program under this chapter shall submit an 
application to the State educational agency that--
            ``(1) describes the procedures to be used, consistent with 
        the State plan under section 1111, to assess the educational 
        needs of the children to be served;
            ``(2) provides assurances that in making services available 
        to youth in adult correctional institutions, priority will be 
        given to such youth who are likely to complete incarceration 
        within a 2-year period;
            ``(3) describes the program, including a budget for the 
        first year of the program, with annual updates to be provided 
        to the State educational agency;
            ``(4) describes how the program will meet the goals and 
        objectives of the State plan;
            ``(5) describes how the State agency will consult with 
        experts and provide the necessary training for appropriate 
        staff, to ensure that the planning and operation of 
        institution-wide projects under section 3336 are of high 
        quality;
            ``(6) describes how the agency will carry out the 
        evaluation requirements of section 10201 and how the results of 
        the most recent evaluation are used to plan and improve the 
        program;
            ``(7) includes data showing that the agency has maintained 
        the fiscal effort required of a local educational agency, in 
        accordance with section 10101;
            ``(8) describes how the programs will be coordinated with 
        other appropriate State and Federal programs, such as programs 
        under title I of the Workforce Investment Act of 1998, 
        vocational education programs, State and local dropout 
        prevention programs, and special education programs;
            ``(9) describes how appropriate professional development 
        will be provided to teachers and other staff;
            ``(10) designates an individual in each affected 
        institution to be responsible for issues relating to the 
        transition of children and youth from the institution to 
        locally operated programs;
            ``(11) describes how the agency will, endeavor to 
        coordinate with businesses for training and mentoring for 
        participating children and youth;
            ``(12) provides assurances that the agency will assist in 
        locating alternative programs through which students can 
        continue their education if students are not returning to 
        school after leaving the correctional facility;
            ``(13) provides assurances that the agency will work with 
        parents to secure parents' assistance in improving the 
        educational achievement of their children and preventing their 
        children's further involvement in delinquent activities;
            ``(14) provides assurances that the agency works with 
        special education youth in order to meet an existing 
        individualized education program and an assurance that the 
        agency will notify the youth's local school if the youth--
                    ``(A) is identified as in need of special education 
                services while the youth is in the facility; and
                    ``(B) intends to return to the local school;
            ``(15) provides assurances that the agency will work with 
        youth who dropped out of school before entering the facility to 
        encourage the youth to reenter school once the term of the 
        youth has been completed or provide the youth with the skills 
        necessary to gain employment, continue the education of the 
        youth, or achieve a secondary school diploma or its recognized 
        equivalent if the youth does not intend to return to school;
            ``(16) provides assurances that teachers and other 
        qualified staff are also trained to work with children with 
        disabilities and other students with special needs taking into 
        consideration the unique needs of such students;
            ``(17) describes any additional services provided to 
        children and youth, such as career counseling, and assistance 
        in securing student loans and grants; and
            ``(18) provides assurances that the program under this 
        chapter will be coordinated with any programs operated under 
        the Juvenile Justice and Delinquency Prevention Act of 1974 or 
        other comparable programs, if applicable.

``SEC. 3335. USE OF FUNDS.

    ``(a) Uses.--
            ``(1) In general.--A State agency shall use funds received 
        under this chapter only for programs and projects that--
                    ``(A) are consistent with the State plan under 
                section 3334(a); and
                    ``(B) concentrate on providing participants with 
                the knowledge and skills needed to make a successful 
                transition to secondary school completion, further 
                education, or employment.
            ``(2) Programs and projects.--Such programs and projects--
                    ``(A) may include the acquisition of equipment;
                    ``(B) shall be designed to support educational 
                services that--
                            ``(i) except for institution-wide projects 
                        under section 3336, are provided to children 
                        and youth identified by the State agency as 
                        failing, or most at risk of failing, to meet 
                        the State's challenging State content standards 
                        and challenging State student performance 
                        standards;
                            ``(ii) supplement and improve the quality 
                        of the educational services provided to such 
                        children and youth by the State agency; and
                            ``(iii) afford such children and youth an 
                        opportunity to learn to such challenging State 
                        standards;
                    ``(C) shall be carried out in a manner consistent 
                with section 1120A and part F of title I; and
                    ``(D) may include the costs of meeting the 
                evaluation requirements of section 10201.
    ``(b) Supplement, Not Supplant.--A program under this chapter that 
supplements the number of hours of instruction students receive from 
State and local sources shall be considered to comply with the 
supplement, not supplant requirement of section 1120A without regard to 
the subject areas in which instruction is given during those hours.

``SEC. 3336. INSTITUTION-WIDE PROJECTS.

    ``A State agency that provides free public education for children 
and youth in an institution for neglected or delinquent children and 
youth (other than an adult correctional institution) or attending a 
community-day program for such children may use funds received under 
this subpart to serve all children in, and upgrade the entire 
educational effort of, that institution or program if the State agency 
has developed, and the State educational agency has approved, a 
comprehensive plan for that institution or program that--
            ``(1) provides for a comprehensive assessment of the 
        educational needs of all youth in the institution or program 
        serving juveniles;
            ``(2) provides for a comprehensive assessment of the 
        educational needs of youth aged 20 and younger in adult 
        facilities who are expected to complete incarceration within a 
        two-year period;
            ``(3) describes the steps the State agency has taken, or 
        will take, to provide all youth under age 21 with the 
        opportunity to meet challenging State content standards and 
        challenging State student performance standards in order to 
        improve the likelihood that the youths will complete secondary 
        school, attain a secondary diploma or its recognized 
        equivalent, or find employment after leaving the institution;
            ``(4) describes the instructional program, pupil services, 
        and procedures that will be used to meet the needs described in 
        paragraph (1), including, to the extent feasible, the provision 
        of mentors for students;
            ``(5) specifically describes how such funds will be used;
            ``(6) describes the measures and procedures that will be 
        used to assess student progress;
            ``(7) describes how the agency has planned, and will 
        implement and evaluate, the institution-wide or program-wide 
        project in consultation with personnel providing direct 
        instructional services and support services in institutions or 
        community-day programs for neglected or delinquent children and 
        personnel from the State educational agency; and
            ``(8) includes an assurance that the State agency has 
        provided for appropriate training for teachers and other 
        instructional and administrative personnel to enable such 
        teachers and personnel to carry out the project effectively.

``SEC. 3337. THREE-YEAR PROGRAMS OR PROJECTS.

    ``If a State agency operates a program or project under this 
chapter in which individual children are likely to participate for more 
than one year, the State educational agency may approve the State 
agency's application for a subgrant under this subpart for a period of 
not more than three years.

``SEC. 3338. TRANSITION SERVICES.

    ``(a) Transition Services.--Each State agency shall reserve not 
more than 10 percent of the amount such agency receives under this 
chapter for any fiscal year to support projects that facilitate the 
transition of children and youth from State-operated institutions to 
local educational agencies.
    ``(b) Conduct of Projects.--A project supported under this section 
may be conducted directly by the State agency, or through a contract or 
other arrangement with one or more local educational agencies, other 
public agencies, or private nonprofit organizations.
    ``(c) Limitation.--Any funds reserved under subsection (a) shall be 
used only to provide transitional educational services, which may 
include pupil services and mentoring, to neglected and delinquent 
children and youth in schools other than State-operated institutions.
    ``(d) Construction.--Nothing in this section shall be construed to 
prohibit a school that receives funds under subsection (a) from serving 
neglected and delinquent children and youth simultaneously with 
students with similar educational needs, in the same educational 
settings where appropriate.

                   ``Chapter 2--Local Agency Programs

``SEC. 3341. PURPOSE.

    ``The purpose of this chapter is to support the operation of local 
educational agency programs that involve collaboration with locally 
operated correctional facilities to--
            ``(1) carry out high quality education programs to prepare 
        youth for secondary school completion, training, and 
        employment, or further education;
            ``(2) provide activities to facilitate the transition of 
        such youth from the correctional program to further education 
        or employment; and
            ``(3) operate dropout prevention programs in local schools 
        for youth at risk of dropping out of school and youth returning 
        from correctional facilities.

``SEC. 3342. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

    ``(a) Local Subgrants.--With funds made available under section 
3322(b), the State educational agency shall award subgrants to local 
educational agencies with high numbers or percentages of youth residing 
in locally operated (including county operated) correctional facilities 
for youth (including facilities involved in community day programs).
    ``(b) Special Rule.--A local educational agency which includes a 
correctional facility that operates a school is not required to operate 
a dropout prevention program if more than 30 percent of the youth 
attending such facility will reside outside the boundaries of the local 
educational agency upon leaving such facility.
    ``(c) Notification.--A State educational agency shall notify local 
educational agencies within the State of the eligibility of such 
agencies to receive a subgrant under this chapter.

``SEC. 3343. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

    ``Eligible local educational agencies desiring assistance under 
this chapter shall submit an application to the State educational 
agency, containing such information as the State educational agency may 
require. Each such application shall include--
            ``(1) a description of the program to be assisted;
            ``(2) a description of formal agreements between--
                    ``(A) the local educational agency; and
                    ``(B) correctional facilities and alternative 
                school programs serving youth involved with the 
                juvenile justice system to operate programs for 
                delinquent youth;
            ``(3) as appropriate, a description of how participating 
        schools will coordinate with facilities working with delinquent 
        youth to ensure that such youth are participating in an 
        education program comparable to one operating in the local 
        school such youth would attend;
            ``(4) as appropriate, a description of the dropout 
        prevention program operated by participating schools and the 
        types of services such schools will provide to at-risk youth in 
        participating schools and youth returning from correctional 
        facilities;
            ``(5) as appropriate, a description of the youth expected 
        to be served by the dropout prevention program and how the 
        school will coordinate existing educational programs to meet 
        unique education needs;
            ``(6) as appropriate, a description of how schools will 
        coordinate with existing social and health services to meet the 
        needs of students at risk of dropping out of school and other 
        participating students, including prenatal health care and 
        nutrition services related to the health of the parent and 
        child, parenting and child development classes, child care, 
        targeted re-entry and outreach programs, referrals to community 
        resources, and scheduling flexibility;
            ``(7) as appropriate, a description of any partnerships 
        with local businesses to develop training and mentoring 
        services for participating students;
            ``(8) as appropriate, a description of how the program will 
        involve parents in efforts to improve the educational 
        achievement of their children, assist in dropout prevention 
        activities, and prevent the involvement of their children in 
        delinquent activities;
            ``(9) a description of how the program under this chapter 
        will be coordinated with other Federal, State, and local 
        programs, such as programs under title I of the Workforce 
        Investment Act of 1998 and vocational education programs 
        serving at-risk youth;
            ``(10) a description of how the program will be coordinated 
        with programs operated under the Juvenile Justice and 
        Delinquency Prevention Act of 1974 and other comparable 
        programs, if applicable;
            ``(11) as appropriate, a description of how schools will 
        work with probation officers to assist in meeting the needs of 
        youth returning from correctional facilities;
            ``(12) a description of efforts participating schools will 
        make to ensure correctional facilities working with youth are 
        aware of a child's existing individualized education program; 
        and
            ``(13) as appropriate, a description of the steps 
        participating schools will take to find alternative placements 
        for youth interested in continuing their education but unable 
        to participate in a regular public school program.

``SEC. 3344. USES OF FUNDS.

    ``Funds provided to local educational agencies under this chapter 
may be used, where appropriate, for--
            ``(1) dropout prevention programs which serve youth at 
        educational risk, including pregnant and parenting teens, youth 
        who have come in contact with the juvenile justice system, 
        youth at least one year behind their expected grade level, 
        migrant youth, immigrant youth, students with limited-English 
        proficiency and gang members;
            ``(2) the coordination of health and social services for 
        such individuals if there is a likelihood that the provision of 
        such services, including day care and drug and alcohol 
        counseling, will improve the likelihood such individuals will 
        complete their education; and
            ``(3) programs to meet the unique education needs of youth 
        at risk of dropping out of school, which may include vocational 
        education, special education, career counseling, and assistance 
        in securing student loans or grants.

``SEC. 3345. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING 
              FUNDS UNDER THIS SECTION.

    ``Each correctional facility having an agreement with a local 
educational agency under section 3343(2) to provide services to youth 
under this chapter shall--
            ``(1) where feasible, ensure educational programs in 
        juvenile facilities are coordinated with the student's home 
        school, particularly with respect to special education students 
        with an individualized education program;
            ``(2) notify the local school of a youth if the youth is 
        identified as in need of special education services while in 
        the facility;
            ``(3) where feasible, provide transition assistance to help 
        the youth stay in school, including coordination of services 
        for the family, counseling, assistance in accessing drug and 
        alcohol abuse prevention programs, tutoring, and family 
        counseling;
            ``(4) provide support programs which encourage youth who 
        have dropped out of school to reenter school once their term 
        has been completed or provide such youth with the skills 
        necessary for such youth to gain employment or seek a secondary 
        school diploma or its recognized equivalent;
            ``(5) work to ensure such facilities are staffed with 
        teachers and other qualified staff who are trained to work with 
        children with disabilities and other students with special 
        needs taking into consideration the unique needs of such 
        children and students;
            ``(6) ensure educational programs in correctional 
        facilities are related to assisting students to meet high 
        educational standards;
            ``(7) use, to the extent possible, technology to assist in 
        coordinating educational programs between the juvenile facility 
        and the community school;
            ``(8) where feasible, involve parents in efforts to improve 
        the educational achievement of their children and prevent the 
        further involvement of such children in delinquent activities;
            ``(9) coordinate funds received under this program with 
        other local, State, and Federal funds available to provide 
        services to participating youth, such as funds made available 
        under title I of the Workforce Investment Act of 1998, and 
        vocational education funds;
            ``(10) coordinate programs operated under this chapter with 
        activities funded under the Juvenile Justice and Delinquency 
        Prevention Act of 1974 and other comparable programs, if 
        applicable; and
            ``(11) if appropriate, work with local businesses to 
        develop training and mentoring programs for participating 
        youth.

``SEC. 3346. ACCOUNTABILITY.

    ``The State educational agency may--
            ``(1) reduce or terminate funding for projects under this 
        chapter if a local educational agency does not show progress in 
        reducing dropout rates for male students and for female 
        students over a 3-year period; and
            ``(2) require juvenile facilities to demonstrate, after 
        receiving assistance under this chapter for 3 years, that there 
        has been an increase in the number of youth returning to 
        school, obtaining a secondary school diploma or its recognized 
        equivalent, or obtaining employment after such youth are 
        released.

                    ``Chapter 3--General Provisions

``SEC. 3351. PROGRAM EVALUATIONS.

    ``(a) Scope of Evaluation.--Each State agency or local educational 
agency that conducts a program under chapter 1 or 2 shall evaluate the 
program, disaggregating data on participation by sex, and if feasible, 
by race, ethnicity, and age, not less than once every three years to 
determine the program's impact on the ability of participants to--
            ``(1) maintain and improve educational achievement;
            ``(2) accrue school credits that meet State requirements 
        for grade promotion and secondary school graduation;
            ``(3) make the transition to a regular program or other 
        education program operated by a local educational agency; and
            ``(4) complete secondary school (or secondary school 
        equivalency requirements) and obtain employment after leaving 
        the institution.
    ``(b) Evaluation Measures.--In conducting each evaluation under 
subsection (a), a State agency or local educational agency shall use 
multiple and appropriate measures of student progress.
    ``(c) Evaluation Results.--Each State agency and local educational 
agency shall--
            ``(1) submit evaluation results to the State educational 
        agency; and
            ``(2) use the results of evaluations under this section to 
        plan and improve subsequent programs for participating children 
        and youth.

``SEC. 3352. DEFINITIONS.

    ``In this subpart:
            ``(1) Adult correctional institution.--The term `adult 
        correctional institution' means a facility in which persons are 
        confined as a result of a conviction for a criminal offense, 
        including persons under 21 years of age.
            ``(2) At-risk youth.--The term `at-risk youth' means school 
        aged youth who are at risk of academic failure, have drug or 
        alcohol problems, are pregnant or are parents, have come into 
        contact with the juvenile justice system in the past, are at 
        least one year behind the expected grade level for the age of 
        the youth, have limited-English proficiency, are gang members, 
        have dropped out of school in the past, or have high 
        absenteeism rates at school.
            ``(3) Community day program.--The term `community day 
        program' means a regular program of instruction provided by a 
        State agency at a community day school operated specifically 
        for neglected or delinquent children and youth.
            ``(4) Institution for neglected or delinquent children and 
        youth.--The term `institution for neglected or delinquent 
        children and youth' means--
                    ``(A) a public or private residential facility, 
                other than a foster home, that is operated for the care 
                of children who have been committed to the institution 
                or voluntarily placed in the institution under 
                applicable State law, due to abandonment, neglect, or 
                death of their parents or guardians; or
                    ``(B) a public or private residential facility for 
                the care of children who have been adjudicated to be 
                delinquent or in need of supervision.

``SEC. 3353. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated $42,000,000 for fiscal 
year 2001, and such sums as may be necessary for each of the four 
succeeding fiscal years, to carry out this part.

                 ``PART C--GIFTED AND TALENTED CHILDREN

``SEC. 3401. SHORT TITLE.

    ``This part may be cited as the `Jacob K. Javits Gifted and 
Talented Students Education Act'.

``SEC. 3402. STATEMENT OF PURPOSE.

    ``(a) Purpose.--The purpose of this part is--
            ``(1) to provide grants to State educational agencies and 
        local public schools for the support of programs, classes, and 
        other services designed to meet the needs of the Nation's 
        gifted and talented students in elementary schools and 
        secondary schools;
            ``(2) to encourage the development of rich and challenging 
        curricula for all students through the appropriate application 
        and adaptation of materials and instructional methods developed 
        under this part; and
            ``(3) to supplement and make more effective the expenditure 
        of State and local funds for the education of gifted and 
        talented students.

``SEC. 3403. CONSTRUCTION.

    ``Nothing in this part shall be construed to prohibit a recipient 
of funds under this part from serving gifted and talented students 
simultaneously with students with similar educational needs, in the 
same educational setting where appropriate.

``SEC. 3404. AUTHORIZATION OF APPROPRIATIONS; TRIGGER.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this part $155,000,000 for fiscal year 2001 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.
    ``(b) Trigger.--Notwithstanding any other provision of this part, 
if the amount appropriated under subsection (a) for a fiscal year is 
less than $50,000,000, then the Secretary shall use such amount to 
carry out part B of title X (as such part was in effect on the day 
before the date of enactment of the Educational Opportunities Act).

``SEC. 3405. ALLOTMENT TO STATES.

    ``(a) Reservation.--From the funds appropriated under section 
3404(a) for any fiscal year, the Secretary shall reserve not more than 
1 percent for payments to the outlying areas to be allotted to the 
outlying areas in accordance with their respective needs for assistance 
under this part.
    ``(b) Allotment.--From the funds appropriated under section 3404(a) 
that are not reserved under subsection (a), the Secretary shall allot 
to each State an amount that bears the same relation to the funds as 
the school-age population of the State bears to the school-age 
population of all States, except that no State shall receive an 
allotment that is less than 0.50 percent of the funds.
    ``(c) Grandfather Clause.--If the amount appropriated under section 
3404(a) for a fiscal year is $50,000,000 or more, then the Secretary 
shall use such amount to continue to make grant or contract payments to 
each entity that was awarded a multiyear grant or contract under part B 
of title X (as such part was in effect on the day before the date of 
enactment of the Educational Opportunities Act) for the duration of the 
grant or contract award.

``SEC. 3406. STATE APPLICATIONS.

    ``(a) Application Requirements.--Any State that desires to receive 
assistance under this part shall submit to the Secretary an application 
that--
            ``(1) designates the State educational agency as the agency 
        responsible for the administration and supervision of programs 
        assisted under this part;
            ``(2) contains an assurance of the State educational 
        agency's ability to provide matching funds for the activities 
        to be assisted under this part in an amount equal to not less 
        than 20 percent of the grant funds to be received, provided in 
        cash or in-kind;
            ``(3) provides for a biennial submission of data regarding 
        the use of funds under this part, the types of services 
        furnished under this part, and how the services impacted the 
        individuals assisted under this part;
            ``(4) provides that the State educational agency will keep 
        such records and provide such information to the Secretary as 
        may be required for fiscal audit and program evaluation 
        (consistent with all State educational agency fiscal audit and 
        program evaluation responsibilities under this Act);
            ``(5) contains an assurance that there is compliance with 
        the requirements of this part; and
            ``(6) provides for timely public notice and public 
        dissemination of the data submitted pursuant to paragraph (3).
    ``(b) Duration and Amendments.--An application filed by the State 
under subsection (a) shall be for a period not to exceed 3 years.

``SEC. 3407. STATE USES OF FUNDS.

    ``(a) In General.--A State educational agency shall not use more 
than 10 percent of the funds made available under this part for--
            ``(1) establishment and implementation of a peer review 
        process for grant applications under this part;
            ``(2) supervision of the awarding of funds to local 
        educational agencies or consortia thereof to support gifted and 
        talented students from all economic, ethnic, and racial 
        backgrounds, including such students of limited English 
        proficiency and such students with disabilities;
            ``(3) planning, supervision, and processing of funds made 
        available under this section;
            ``(4) monitoring, evaluation, and dissemination of programs 
        and activities assisted under this part, including the 
        submission of an annual report to the Secretary that describes 
        the number of students served and the education activities 
        assisted under the grant;
            ``(5) providing technical assistance under this part; and
            ``(6) supplementing, but not supplanting, the amount of 
        State and local funds expended for the education of, and 
        related services provided for, the education of gifted and 
        talented students.
    ``(b) Parental Support.--A State educational agency shall not use 
more than 2 percent of the funds made available under this part for 
providing information, education, and support to parents of gifted and 
talented children to enhance the parents' ability to participate in 
decisions regarding their children's educational programs.

``SEC. 3408. DISTRIBUTION TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Grant Competition.--A State educational agency shall use not 
less than 88 percent of the funds made available under this part to 
award grants, on a competitive basis, to local educational agencies or 
consortia thereof to support programs, classes, and other services 
designed to meet the needs of gifted and talented students.
    ``(b) Size of Grant.--A State educational agency shall award a 
grant under this part for any fiscal year in an amount sufficient to 
meet the needs of the students to be served under the grant.

``SEC. 3409. LOCAL APPLICATION REQUIREMENTS.

    ``(a) Application.--To be eligible to receive a grant under this 
part the local educational agency or consortium shall submit an 
application to the State educational agency.
    ``(b) Contents.--Each such application shall include--
            ``(1) an assurance that the funds received under this part 
        will be used to identify and support gifted and talented 
        students, including gifted and talented students from all 
        economic, ethnic, and racial backgrounds, including such 
        students of limited English proficiency, and such students with 
        disabilities;
            ``(2) a description of how the local educational agency or 
        consortium will meet the educational needs of gifted and 
        talented students, including the training of personnel in the 
        education of gifted and talented students.

``SEC. 3410. LOCAL USES OF FUNDS.

    ``Grants awarded under this part shall be used by local educational 
agencies or consortia to carry out 1 or more of the following 
activities to benefit gifted and talented students:
            ``(1) Professional development programs.--Developing and 
        implementing programs to address State and local needs for 
        inservice training activities for general educators, 
        specialists in gifted and talented education, administrators, 
        school counselors, or other school personnel.
            ``(2) Identification of students.--Delivery of services to 
        gifted and talented students who may not be identified and 
        served through traditional assessment methods, including 
        economically disadvantaged individuals, individuals of limited 
        English proficiency, and individuals with disabilities.
            ``(3) Model projects.--Supporting and implementing 
        innovative strategies such as cooperative learning, service 
        learning, peer tutoring, independent study, and adapted 
        curriculum used by schools or consortia.
            ``(4) Emerging technologies.--Assisting schools or 
        consortia of schools, that do not have the resources to 
        otherwise provide gifted and talented courses, to provide the 
        courses through new and emerging technologies, including 
        distance learning curriculum packages, except that funds under 
        this part shall not be used for the purchase or upgrading of 
        technological hardware.

``SEC. 3411. PARTICIPATION OF PRIVATE SCHOOL CHILDREN AND TEACHERS.

    ``In awarding grants under this part the Secretary shall ensure, 
where appropriate, that provision is made for the equitable 
participation of students and teachers in private, nonprofit elementary 
schools and secondary schools, including the participation of teachers 
and other personnel in professional development programs serving such 
children.

``SEC. 3412. ESTABLISHMENT OF NATIONAL CENTER.

    ``(a) Purpose.--The purposes of a National Center for Research and 
Development in the Education of Gifted and Talented Children and Youth 
are--
            ``(1) to develop, disseminate, and evaluate model projects 
        and activities for serving gifted and talented students;
            ``(2) to conduct research regarding innovative methods for 
        identifying and educating gifted and talented students; and
            ``(3) to provide technical assistance programs that will 
        further the education of gifted and talented students, 
        including how gifted and talented programs, where appropriate, 
        may be adapted for use by all students.
    ``(b) Center Established.--The Secretary shall establish a National 
Center for Research and Development in the Education of Gifted and 
Talented Children and Youth through grants to or contracts with 1 or 
more institutions of higher education, State educational agencies, or a 
consortia of such institutions and agencies.
    ``(c) Director.--The National Center shall have a Director. The 
Secretary may authorize the Director to carry out such functions of the 
National Center as may be agreed upon through arrangements with other 
institutions of higher education, and State educational agencies or 
local educational agencies.
    ``(d) Grandfather Clause.--If the amount appropriated under section 
3404(a) for a fiscal year is $50,000,000 or more, then the Secretary 
shall use such amount to continue to make grant or contract payments to 
each entity that was awarded a multiyear grant or contract under 
section 10204(c) (as such section was in effect on the day before the 
date of enactment of the Educational Opportunities Act) for the 
duration of the grant or contract award.
    ``(e) Funding.--The Secretary may use not more than 30 percent of 
the funds made available under section 3404(a) for any fiscal year to 
carry out this section.

                      ``PART D--ARTS IN EDUCATION

                      ``Subpart 1--Arts Education

``SEC. 3511. SUPPORT FOR ARTS EDUCATION.

    ``(a) Purposes.--The purposes of this subpart are to--
            ``(1) support systemic education reform by strengthening 
        arts education as an integral part of the elementary school and 
        secondary school curriculum;
            ``(2) help ensure that all students have the opportunity to 
        learn to challenging State content standards and challenging 
        State student performance standards in the arts;
            ``(3) support the national effort to enable all students to 
        demonstrate competence in the arts in accordance with the 
        America's Education Goals;
            ``(4) support model partnership programs between schools 
        and nonprofit cultural organizations designed to contribute to 
        overall achievement for students and complement curriculum-
        based arts instruction in the classroom; and
            ``(5) support projects and programs in the performing arts 
        through arrangements with the John F. Kennedy Center for the 
        Performing Arts, and support model projects and programs that 
        assure the participation in the arts and education programs for 
        individuals with disabilities through VSA Arts.
    ``(b) Eligible Recipients.--In order to carry out the purposes of 
this subpart, the Secretary is authorized to award grants to, or enter 
into contracts or cooperative agreements with--
            ``(1) State educational agencies;
            ``(2) local educational agencies;
            ``(3) institutions of higher education;
            ``(4) museums and other cultural institutions; and
            ``(5) other public and private agencies, institutions, and 
        organizations.
    ``(c) Authorized Activities.--Funds under this subpart may be used 
for--
            ``(1) the development and dissemination of model arts 
        education programs or model arts education assessments based on 
        high standards;
            ``(2) the development and implementation of curriculum 
        frameworks for arts education;
            ``(3) the development of model preservice and inservice 
        professional development programs for arts educators and other 
        instructional staff;
            ``(4) supporting collaborative activities with other 
        Federal agencies or institutions involved in arts education, 
        such as the National Endowment for the Arts, the Institute of 
        Museum and Library Services, the John F. Kennedy Center for the 
        Performing Arts, VSA Arts, and the National Gallery of Art;
            ``(5) supporting model projects and programs in the 
        performing arts for children and youth through arrangements 
        made with the John F. Kennedy Center for the Performing Arts;
            ``(6) supporting model projects and programs by VSA Arts 
        that assure the participation in mainstream settings in arts 
        and education programs of individuals with disabilities; and
            ``(7) supporting collaborative projects between schools, 
        and nonprofit cultural organizations with expertise in music, 
        dance, literature, theater and the visual arts, for model 
        school arts programs.
    ``(d) Coordination.--
            ``(1) In general.--A recipient of funds under this subpart, 
        to the extent possible, shall coordinate projects assisted 
        under this subpart with appropriate activities of public and 
        private cultural agencies, institutions, and organizations, 
        including museums, arts education associations, libraries, and 
        theaters.
            ``(2) Special rule.--In carrying out this subpart, the 
        Secretary shall coordinate with the National Endowment for the 
        Arts, the Institute of Museum and Library Services, the John F. 
        Kennedy Center for the Performing Arts, VSA Arts, and the 
        National Gallery of Art.
    ``(e) Authorization.--
            ``(1) In general.--For the purpose of carrying out this 
        subpart, there are authorized to be appropriated $25,000,000 
        for fiscal year 2001 and such sums as may be necessary for each 
        of the 4 succeeding fiscal years.
            ``(2) Special rule.--If the amount appropriated under 
        paragraph (1) for any fiscal year is $10,000,000 or less, then 
        such amount shall only be available to carry out the activities 
        described in paragraphs (5) and (6) of subsection (c).

          ``Subpart 2--Cultural Partnerships for At-Risk Youth

``SEC. 3521. PURPOSE.

    ``The purpose of this subpart is to award grants to eligible 
entities to improve the educational performance and potential of at-
risk youth by providing comprehensive and coordinated educational and 
cultural services.

``SEC. 3522. PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary is authorized to award grants to 
eligible entities to pay the Federal share of the costs of the 
activities described in section 3523.
    ``(b) Special Requirements.--
            ``(1) In general.--The Secretary shall award grants under 
        this subpart only to eligible entities carrying out programs 
        designed to--
                    ``(A) promote and enhance educational and cultural 
                activities;
                    ``(B) provide multiyear services to at-risk youth 
                and to integrate community cultural resources into in-
                school and after-school educational programs;
                    ``(C) provide integration of community cultural 
                resources into the regular curriculum and school day;
                    ``(D) focus school and cultural resources in the 
                community on coordinated cultural services to address 
                the needs of at-risk youth;
                    ``(E) provide effective cultural programs to 
                facilitate the transition from preschool programs to 
                elementary school programs, including programs under 
                the Head Start Act and part C of the Individuals with 
                Disabilities Education Act;
                    ``(F) facilitate school-to-work transition from 
                secondary schools and alternative schools to job 
                training, higher education and employment through 
                educational programs and activities that utilize school 
                resources;
                    ``(G) increase parental and community involvement 
                in the educational, social, and cultural development of 
                at-risk youth; or
                    ``(H)(i) develop programs and strategies that 
                provide high-quality coordinated educational and 
                cultural services; and
                    ``(ii) provide a model to replicate such services 
                in other schools and communities.
            ``(2) Partnership.--An interagency partnership comprised of 
        the Secretary, the Chairman of the National Endowment for the 
        Humanities, the Chairman of the National Endowment for the 
        Arts, and the Director of the Institute of Museum and Library 
        Services, or their designees, shall establish criteria and 
        procedures for awarding grants, including the establishment of 
        panels to review the applications, and shall administer the 
        grants program authorized by this section. The Secretary shall 
        publish such criteria and procedures in the Federal Register.
            ``(3) Coordination.--Grants may only be awarded under this 
        subpart to eligible entities that agree to coordinate 
        activities carried out under other Federal, State, and local 
        grants, received by the members of the partnership for purposes 
        and target populations described in this subpart, into an 
        integrated service delivery system located at a school, 
        cultural, or other community-based site accessible to and 
        utilized by at-risk youth.
            ``(4) Eligible entities.--For purposes of this subpart, the 
        term `eligible entity' means a partnership between or among--
                    ``(A)(i) one or more local educational agencies; or
                    ``(ii) one or more individual schools that are 
                eligible to participate in a schoolwide program under 
                section 1114; and
                    ``(B) at least 1 institution of higher education, 
                museum, local arts agency, or nonprofit cultural 
                organization or institution with expertise in music, 
                dance, theater, creative writing, or visual arts, that 
                is accessible to individuals within the school district 
                of such local educational agency or school, and that 
                has a history of providing quality services to the 
                community, which may include--
                            ``(i) nonprofit institutions of higher 
                        education, museums, libraries, performing, 
                        presenting and exhibiting arts organizations, 
                        literary arts organizations, State and local 
                        arts organizations, cultural institutions, and 
                        zoological and botanical organizations; or
                            ``(ii) private for-profit entities with a 
                        history of training youth in the arts.
            ``(5) Geographic distribution.--In awarding grants under 
        this subpart the Secretary, to the extent feasible, shall 
        ensure an equitable geographic distribution of the grants.
            ``(6) Duration.--Grants made under this subpart may be 
        renewable for a maximum of 5 years if the Secretary determines 
        that the eligible recipient has made satisfactory progress 
        toward the achievement of the program objectives described in 
        the application.
            ``(7) Models.--The Secretary, in consultation with the 
        Chairman of the National Endowment for the Humanities, the 
        Chairman of the National Endowment for the Arts, and the 
        Director of the Institute of Museum and Library Services, or 
        their designees, shall submit successful models developed under 
        this subpart to the National Diffusion Network for review.
    ``(c) Target Population.--To be eligible for a grant under this 
subpart an eligible entity shall support activities under this part 
that serve--
            ``(1) students enrolled in schools participating in a 
        schoolwide program under section 1114 and the families of such 
        students to the extent practicable;
            ``(2) out-of-school at-risk youth; or
            ``(3) a combination of in-school and out-of-school at-risk 
        youth.

``SEC. 3523. AUTHORIZED ACTIVITIES.

    ``(a) In General.--Grants awarded under this subpart may be used--
            ``(1) to develop, acquire, implement, and expand school-
        based coordinated educational and cultural programs to 
        strengthen the educational performance and potential of in-
        school or out-of-school at-risk youth through grants, 
        cooperative agreements or contracts, or through the provision 
        of services;
            ``(2) to provide at-risk youth with integrated cultural 
        activities designed to improve academic achievement and the 
        transition of such students to all levels of education from 
        prekindergarten to secondary school and beyond;
            ``(3) to work with school personnel on staff development 
        activities that--
                    (A) encourage the integration of arts into the 
                curriculum; and
                    (B) to the greatest extent practicable, are tied to 
                challenging State content standards and challenging 
                State student performance standards;
            ``(4) for cultural programs that encourage the active 
        participation of parents in the education of their children; 
        and
            ``(5) for assistance that allows local artists to work with 
        at-risk youth in schools.
    ``(b) Applications.--
            ``(1) In general.--Each eligible entity desiring a grant 
        under this subpart shall submit an application to the Secretary 
        at such time, in such manner, and accompanied by such 
        information as the Secretary may reasonably require.
            ``(2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    ``(A) describe the cultural entity or entities that 
                will participate in the partnership;
                    ``(B) describe the target population to be served;
                    ``(C) describe the services to be provided;
                    ``(D) describe a plan for evaluating the success of 
                the program;
                    ``(E) in the case of each local educational agency 
                or school participating in the partnership, describe 
                how the activities assisted under this subpart will be 
                perpetuated beyond the duration of the grant;
                    ``(F) describe the manner in which the eligible 
                entity will improve the educational achievement or 
                potential of at-risk youth through more effective 
                coordination of cultural services in the community;
                    ``(G) describe the overall and operational goals of 
                the program;
                    ``(H) describe the nature and location of all 
                planned sites where services will be delivered and a 
                description of services which will be provided at each 
                site; and
                    ``(I) describe training that will be provided to 
                individuals who are not trained to work with youth, and 
                how teachers will be involved.

``SEC. 3524. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; LIMITATIONS.

    ``(a) Payments.--
            ``(1) In general.--The Secretary shall pay to each eligible 
        recipient having an application approved under section 3523(b) 
        the Federal share of the cost of the activities described in 
        the application.
            ``(2) Special rule.--
                    ``(A) In general.--Grants awarded under this 
                subpart shall be of sufficient size, scope, and quality 
                to be effective.
                    ``(B) Nonduplication.--The Secretary shall award 
                grants under this subpart so as to ensure 
                nonduplication of services provided by grant recipients 
                and services provided by--
                            ``(i) the National Endowment for the 
                        Humanities;
                            ``(ii) the National Endowment for the Arts; 
                        and
                            ``(iii) the Institute of Museum and Library 
                        Services.
    ``(b) Cost Share.--
            ``(1) Federal share.--The Federal share of the cost of 
        activities assisted under a grant under this subpart shall be 
        80 percent of the cost of carrying out the activities.
            ``(2) Non-federal share.--The non-Federal share of the cost 
        of activities assisted under a grant under this subpart shall 
        be 20 percent of the cost of carrying out the activities, and 
        may be provided in cash or in kind, fairly evaluated, including 
        the provision of equipment, services, or facilities.
    ``(c) Limitations.--
            ``(1) Supplement and not supplant.--Grant funds awarded 
        under this part shall be used to supplement not supplant the 
        amount of funds made available from non-Federal sources, for 
        the activities assisted under this subpart, in amounts that 
        exceed the amounts expended for such activities in the year 
        preceding the year for which the grant is awarded.
            ``(2) Evaluation; replication; administrative costs.--
                    ``(A) Secretary.--The Secretary may reserve not 
                more than 5 percent of the grant funds received under 
                this subpart in each fiscal year for the costs of 
                evaluation and replication of programs funded under 
                this subpart.
                    ``(B) Eligible recipients.--Each eligible recipient 
                may reserve not more than 5 percent of any grant funds 
                received under this subpart in each fiscal year for the 
                costs of administration, including review and 
                evaluation of each program assisted under this subpart.

``SEC. 3525. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this 
subpart, $45,000,000 for fiscal year 2001, and such sums as may be 
necessary for each of the 4 succeeding fiscal years.

                 ``PART E--ADVANCED PLACEMENT PROGRAMS

``SEC. 3601. SHORT TITLE.

    ``This part may be cited as the `Access to High Standards Act'.

``SEC. 3602. FINDINGS AND PURPOSES.

    ``(a) Findings.--Congress finds that--
            ``(1) far too many students are not being provided 
        sufficient academic preparation in secondary school, which 
        results in limited employment opportunities, college dropout 
        rates of over 25 percent for the first year of college, and 
        remediation for almost one-third of incoming college freshmen;
            ``(2) there is a growing consensus that raising academic 
        standards, establishing high academic expectations, and showing 
        concrete results are at the core of improving public education;
            ``(3) modeling academic standards on the well-known program 
        of advanced placement courses is an approach that many 
        education leaders and almost half of all States have endorsed;
            ``(4) advanced placement programs already are providing 30 
        different college-level courses, serving almost 60 percent of 
        all secondary schools, reaching over 1,000,000 students (of 
        whom 80 percent attend public schools, 55 percent are females, 
        and 30 percent are minorities), and providing test scores that 
        are accepted for college credit at over 3,000 colleges and 
        universities, every university in Germany, France, and Austria, 
        and most institutions in Canada and the United Kingdom;
            ``(5) 24 States are now funding programs to increase 
        participation in advanced placement programs, including 19 
        States that provide funds for advanced placement teacher 
        professional development, 3 States that require that all public 
        secondary schools offer advanced placement courses, 10 States 
        that pay the fees for advanced placement tests for some or all 
        students, and 4 States that require that their public 
        universities grant uniform academic credit for scores of 3 or 
        better on advanced placement tests; and
            ``(6) the State programs described in paragraph (5) have 
        shown the responsiveness of schools and students to such 
        programs, raised the academic standards for both students 
        participating in such programs and other children taught by 
        teachers who are involved in advanced placement courses, and 
        shown tremendous success in increasing enrollment, achievement, 
        and minority participation in advanced placement programs.
    ``(b) Purposes.--The purposes of this part are--
            ``(1) to encourage more of the 600,000 students who take 
        advanced placement courses but do not take advanced placement 
        exams each year to demonstrate their achievements through 
        taking the exams;
            ``(2) to build on the many benefits of advanced placement 
        programs for students, which benefits may include the 
        acquisition of skills that are important to many employers, 
        Scholastic Aptitude Tests (SAT) scores that are 100 points 
        above the national averages, and the achievement of better 
        grades in secondary school and in college than the grades of 
        students who have not participated in the programs;
            ``(3) to support State and local efforts to raise academic 
        standards through advanced placement programs, and thus further 
        increase the number of students who participate and succeed in 
        advanced placement programs;
            ``(4) to increase the availability and broaden the range of 
        schools that have advanced placement programs, which programs 
        are still often distributed unevenly among regions, States, and 
        even secondary schools within the same school district, while 
        also increasing and diversifying student participation in the 
        programs;
            ``(5) to build on the State programs described in 
        subsection (a)(5) and demonstrate that larger and more diverse 
        groups of students can participate and succeed in advanced 
        placement programs;
            ``(6) to provide greater access to advanced placement 
        courses for low-income and other disadvantaged students;
            ``(7) to provide access to advanced placement courses for 
        secondary school juniors at schools that do not offer advanced 
        placement programs, increase the rate of secondary school 
        juniors and seniors who participate in advanced placement 
        courses to 25 percent of the secondary school student 
        population, and increase the numbers of students who receive 
        advanced placement test scores for which college academic 
        credit is awarded; and
            ``(8) to increase the participation of low-income 
        individuals in taking advanced placement tests through the 
        payment or partial payment of the costs of the advanced 
        placement test fees.

``SEC. 3603. FUNDING DISTRIBUTION RULE.

    ``From amounts appropriated under section 3608 for a fiscal year, 
the Secretary shall give first priority to funding activities under 
section 3606, and shall distribute any remaining funds not so applied 
according to the following ratio:
            ``(1) Seventy percent of the remaining funds shall be 
        available to carry out section 3604.
            ``(2) Thirty percent of the remaining funds shall be 
        available to carry out section 3605.

``SEC. 3604. ADVANCED PLACEMENT PROGRAM GRANTS.

    ``(a) Grants Authorized.--
            ``(1) In general.--From amounts appropriated under section 
        3608 and made available under section 3603(1) for a fiscal 
        year, the Secretary shall award grants, on a competitive basis, 
        to eligible entities to enable the eligible entities to carry 
        out the authorized activities described in subsection (c).
            ``(2) Duration and payments.--
                    ``(A) Duration.--The Secretary shall award a grant 
                under this section for a period of 3 years.
                    ``(B) Payments.--The Secretary shall make grant 
                payments under this section on an annual basis.
            ``(3) Definition of eligible entity.--In this section, the 
        term `eligible entity' means a State educational agency, or a 
        local educational agency, in the State.
    ``(b) Priority.--In awarding grants under this section the 
Secretary shall give priority to eligible entities submitting 
applications under subsection (d) that demonstrate--
            ``(1) a pervasive need for access to advanced placement 
        incentive programs;
            ``(2) the involvement of business and community 
        organizations in the activities to be assisted;
            ``(3) the availability of matching funds from State or 
        local sources to pay for the cost of activities to be assisted;
            ``(4) a focus on developing or expanding advanced placement 
        programs and participation in the core academic areas of 
        English, mathematics, and science; and
            ``(5)(A) in the case of an eligible entity that is a State 
        educational agency, the State educational agency carries out 
        programs in the State that target--
                    ``(i) local educational agencies serving schools 
                with a high concentration of low-income students; or
                    ``(ii) schools with a high concentration of low-
                income students; or
            ``(B) in the case of an eligible entity that is a local 
        educational agency, the local educational agency serves schools 
        with a high concentration of low-income students.
    ``(c) Authorized Activities.--An eligible entity may use grant 
funds under this section to expand access for low-income individuals to 
advanced placement incentive programs that involve--
            ``(1) teacher training;
            ``(2) preadvanced placement course development;
            ``(3) curriculum coordination and articulation between 
        grade levels that prepare students for advanced placement 
        courses;
            ``(4) curriculum development;
            ``(5) books and supplies; and
            ``(6) any other activity directly related to expanding 
        access to and participation in advanced placement incentive 
        programs particularly for low-income individuals.
    ``(d) Application.--Each eligible entity desiring a grant under 
this section shall submit an application to the Secretary at such time, 
in such manner, and accompanied by such information as the Secretary 
may require.
    ``(e) Data Collection and Reporting.--
            ``(1) Data collection.--Each eligible entity receiving a 
        grant under this section shall annually report to the 
        Secretary--
                    ``(A) the number of students taking advanced 
                placement courses who are served by the eligible 
                entity;
                    ``(B) the number of advanced placement tests taken 
                by students served by the eligible entity;
                    ``(C) the scores on the advanced placement tests; 
                and
                    ``(D) demographic information regarding individuals 
                taking the advanced placement courses and tests 
                disaggregated by race, ethnicity, sex, English 
                proficiency status, and socioeconomic status.
            ``(2) Report.--The Secretary shall annually compile the 
        information received from each eligible entity under paragraph 
        (1) and report to Congress regarding the information.

``SEC. 3605. ON-LINE ADVANCED PLACEMENT COURSES.

    ``(a) Grants Authorized.--From amounts appropriated under section 
3608 and made available under section 3603(2) for a fiscal year, the 
Secretary shall award grants to State educational agencies to enable 
such agencies to award grants to local educational agencies to provide 
students with on-line advanced placement courses.
    ``(b) State Educational Agency Applications.--
            ``(1) Application required.--Each State educational agency 
        desiring a grant under this section shall submit an application 
        to the Secretary at such time, in such manner, and accompanied 
        by such information as the Secretary may require.
            ``(2) Award basis.--The Secretary shall award grants under 
        this section on a competitive basis.
    ``(c) Grants to Local Educational Agencies.--Each State educational 
agency receiving a grant award under subsection (b) shall award grants 
to local educational agencies within the State to carry out activities 
described in subsection (e). In awarding grants under this subsection, 
the State educational agency shall give priority to local educational 
agencies that--
            ``(1) serve high concentrations of low-income students;
            ``(2) serve rural areas; and
            ``(3) the State educational agency determines would not 
        have access to on-line advanced placement courses without 
        assistance provided under this section.
    ``(d) Contracts.--A local educational agency that receives a grant 
under this section may enter into a contract with a nonprofit or for-
profit organization to provide the on-line advanced placement courses, 
including contracting for necessary support services.
    ``(e) Uses.--Grant funds provided under this section may be used to 
purchase the on-line curriculum, to train teachers with respect to the 
use of on-line curriculum, or to purchase course materials.

``SEC. 3606. ADVANCED PLACEMENT INCENTIVE PROGRAM.

    ``(a) Grants Authorized.--From amounts appropriated under section 
3608 and made available under section 3603 for a fiscal year, the 
Secretary shall award grants to State educational agencies having 
applications approved under subsection (c) to enable the State 
educational agencies to reimburse low-income individuals to cover part 
or all of the costs of advanced placement test fees, if the low-income 
individuals--
            ``(1) are enrolled in an advanced placement class; and
            ``(2) plan to take an advanced placement test.
    ``(b) Award Basis.--In determining the amount of the grant awarded 
to each State educational agency under this section for a fiscal year, 
the Secretary shall consider the number of children eligible to be 
counted under section 1124(c) in the State in relation to the number of 
such children so counted in all the States.
    ``(c) Information Dissemination.--A State educational agency shall 
disseminate information regarding the availability of advanced 
placement test fee payments under this section to eligible individuals 
through secondary school teachers and guidance counselors.
    ``(d) Applications.--Each State educational agency desiring a grant 
under this section shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information as the 
Secretary may require. At a minimum, each State educational agency 
application shall--
            ``(1) describe the advanced placement test fees the State 
        educational agency will pay on behalf of low-income individuals 
        in the State from grant funds made available under this 
        section;
            ``(2) provide an assurance that any grant funds received 
        under this section, other than funds used in accordance with 
        subsection (e), shall be used only to pay for advanced 
        placement test fees; and
            ``(3) contain such information as the Secretary may require 
        to demonstrate that the State will ensure that a student is 
        eligible for payments under this section, including 
        documentation required under chapter 1 of subpart 2 of part A 
        of title IV of the Higher Education Act of 1965 (20 U.S.C. 
        1070a-11 et seq.).
    ``(e) Additional Uses of Funds.--If each eligible low-income 
individual in a State pays not more than a nominal fee to take an 
advanced placement test in a core subject, then a State educational 
agency may use grant funds made available under this section that 
remain after advanced placement test fees have been paid on behalf of 
all eligible low-income individuals in the State, for activities 
directly related to increasing--
            ``(1) the enrollment of low-income individuals in advanced 
        placement courses;
            ``(2) the participation of low-income individuals in 
        advanced placement courses; and
            ``(3) the availability of advanced placement courses in 
        schools serving high-poverty areas.
    ``(f) Supplement, Not Supplant.--Grant funds provided under this 
section shall supplement, and not supplant, other non-federal funds 
that are available to assist low-income individuals in paying for the 
cost of advanced placement test fees.
    ``(g) Regulations.--The Secretary shall prescribe such regulations 
as are necessary to carry out this section.
    ``(h) Report.--Each State educational agency annually shall report 
to the Secretary information regarding--
            ``(1) the number of low-income individuals in the State who 
        received assistance under this section; and
            ``(2) any activities carried out pursuant to subsection 
        (e).
    ``(i) Definitions.--In this section:
            ``(1) Advanced placement test.--The term `advanced 
        placement test' includes only an advanced placement test 
        approved by the Secretary for the purposes of this section.
            ``(2) Low-income individual.--The term `low-income 
        individual' has the meaning given the term in section 
        402A(g)(2) of the Higher Education Act of 1965 (20 U.S.C. 
        1070a-11(g)(2)).

``SEC. 3607. DEFINITIONS.

    ``In this part:
            ``(1) Advanced placement incentive program.--The term 
        `advanced placement incentive program' means a program that 
        provides advanced placement activities and services to low-
        income individuals.
            ``(2) Advanced placement test.--The term `advanced 
        placement test' means an advanced placement test administered 
        by the College Board or approved by the Secretary.
            ``(3) High concentration of low-income students.--The term 
        `high concentration of low-income students', used with respect 
        to a State educational agency, local educational agency or 
        school, means an agency or school, as the case may be, that 
        serves a student population 40 percent or more of whom are from 
        families with incomes below the poverty level, as determined in 
        the same manner as the determination is made under section 
        1124(c)(2).
            ``(4) Low-income individual.--The term `low-income 
        individual' means, other than for purposes of section 3606, a 
        low-income individual (as defined in section 402A(g)(2) of the 
        Higher Education Act of 1965 (20 U.S.C. 1070a-11(g)(2)) who is 
        academically prepared to take successfully an advanced 
        placement test as determined by a school teacher or advanced 
        placement coordinator taking into consideration factors such as 
        enrollment and performance in an advanced placement course or 
        superior academic ability.
            ``(5) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            ``(6) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, Guam, American Samoa, the United 
        States Virgin Islands, the Republic of the Marshall Islands, 
        the Federated States of Micronesia, and the Republic of Palau.

``SEC. 3608. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this part, there are authorized 
to be appropriated $50,000,000 for fiscal year 2001, and such sums as 
may be necessary for each of the 4 succeeding fiscal years.''.

SEC. 302. DISSEMINATION OF ADVANCED PLACEMENT INFORMATION.

    Each institution of higher education receiving Federal funds for 
research or for programs assisted under the Higher Education Act of 
1965 (20 U.S.C. 1001 et seq.)--
            (1) shall distribute to secondary school counselors or 
        advanced placement coordinators in the State information with 
        respect to the amount and type of academic credit provided to 
        students at the institution of higher education for advanced 
        placement test scores; and
            (2) shall standardize, not later than 4 years after the 
        date of enactment of this Act, the form and manner in which the 
        information described in subparagraph (1) is disseminated by 
        the various departments, offices, or other divisions of the 
        institution of higher education.

SEC. 303. TECHNICAL AND CONFORMING AMENDMENTS.

    Section 4 of the Education Flexibility Partnership Act of 1999 (20 
U.S.C. 5891b) is amended--
            (1) in subsection (b)(3), by striking ``Subpart 2 of part A 
        of title III of the Elementary and Secondary Education Act of 
        1965 (other than section 3136 of such Act)'' and inserting 
        ``Subpart 2 of part A of title V of the Elementary and 
        Secondary Education Act of 1965 (other than section 5136 of 
        such Act)''; and
            (2) in subsection (d)(4), by striking ``subpart 2 of part A 
        of title III of the Elementary and Secondary Education Act of 
        1965 (other than section 3136 of such Act)'' and inserting 
        ``subpart 2 of part A of title V of the Elementary and 
        Secondary Education Act of 1965 (other than section 5136 of 
        such Act)''.

          TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

SEC. 401. AMENDMENT TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
              1965.

    Title IV (20 U.S.C. 7101 et seq.) is amended to read as follows:

         ``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

                         ``PART A--STATE GRANTS

``SEC. 4001. SHORT TITLE.

    ``This part may be cited as the `Safe and Drug-Free Schools and 
Communities Act of 1994'.

``SEC. 4002. FINDINGS.

    ``Congress makes the following findings:
            ``(1) Every student should attend a school in a drug- and 
        violence-free learning environment.
            ``(2) The widespread illegal use of alcohol and drugs among 
        the Nation's secondary school students, and increasingly by 
        students in elementary schools as well, constitutes a grave 
        threat to such students' physical and mental well-being, and 
        significantly impedes the learning process. For example, data 
        show that students who drink tend to receive lower grades and 
        are more likely to miss school because of illness than students 
        who do not drink.
            ``(3) Drug and violence prevention programs are essential 
        components of a comprehensive strategy to promote school 
        safety, youth development, positive school outcomes, and to 
        reduce the demand for and illegal use of alcohol, tobacco and 
        drugs throughout the Nation. Schools, local organizations, 
        parents, students, and communities throughout the Nation have a 
        special responsibility to work together to combat the 
        continuing epidemic of violence and illegal drug use and should 
        measure the success of their programs against clearly defined 
        goals and objectives.
            ``(4) Drug and violence prevention programs are most 
        effective when implemented within a research-based, drug and 
        violence prevention framework of proven effectiveness.
            ``(5) Research clearly shows that community contexts 
        contribute to substance abuse and violence.
            ``(6) Substance abuse and violence are intricately related 
        and must be dealt with in a holistic manner.
            ``(7) Research has documented that parental behavior and 
        environment directly influence a child's inclination to use 
        alcohol, tobacco or drugs.

``SEC. 4003. PURPOSE.

    ``The purpose of this part is to support programs that prevent 
violence in and around schools and prevent the illegal use of alcohol, 
tobacco, and drugs, involve parents, and are coordinated with related 
Federal, State, school, and community efforts and resources, through 
the provision of Federal assistance to--
            ``(1) States for grants to local educational agencies and 
        educational service agencies and consortia of such agencies to 
        establish, operate, and improve local programs of school drug 
        and violence prevention, early intervention, rehabilitation 
        referral, and education in elementary and secondary schools for 
        the development and implementation of policies that set clear 
        and appropriate standards regarding the illegal use of alcohol, 
        tobacco and drugs, and for violent behavior (including 
        intermediate and junior high schools);
            ``(2) States for grants to, and contracts with, community-
        based organizations and other public and private nonprofit 
        agencies and organizations for programs of drug and violence 
        prevention including community mobilization, early 
        intervention, rehabilitation referral, and education;
            ``(3) States for development, training, technical 
        assistance, and coordination activities; and
            ``(4) public and private nonprofit organizations to provide 
        technical assistance, conduct training, demonstrations, and 
        evaluation, and to provide supplementary services and community 
        mobilization activities for the prevention of drug use and 
        violence among students and youth.

``SEC. 4004. FUNDING.

    ``There are authorized to be appropriated--
            ``(1) $700,000,000 for fiscal year 2001, and such sums as 
        may be necessary for each of the 4 succeeding fiscal years, for 
        State grants under subpart 1;
            ``(2) $150,000,000 for fiscal year 2001, and such sums as 
        may be necessary for each of the 4 succeeding fiscal years, for 
        national programs under subpart 2; and
            ``(3) $75,000,000 for fiscal year 2001, and such sums as 
        may be necessary for each of the 4 succeeding fiscal years, for 
        the National Coordinator Initiative under section 4122.

  ``Subpart 1--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

``SEC. 4111. RESERVATIONS AND ALLOTMENTS.

    ``(a) Reservations.--From the amount made available under section 
4004(1) to carry out this subpart for each fiscal year, the Secretary--
            ``(1) shall reserve 1 percent of such amount for grants 
        under this subpart to Guam, American Samoa, the Virgin Islands, 
        and the Commonwealth of the Northern Mariana Islands, to be 
        allotted in accordance with the Secretary's determination of 
        their respective needs;
            ``(2) shall reserve 1 percent of such amount for the 
        Secretary of the Interior to carry out programs under this part 
        for Indian youth;
            ``(3) may reserve not more than $2,000,000 for the national 
        impact evaluation required by section 4117(a); and
            ``(4) shall reserve 0.2 percent of such amount for programs 
        for Native Hawaiians under section 4118.
    ``(b) State Allotments.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary shall, for each fiscal year, allocate among the 
        States--
                    ``(A) one-half of the remainder not reserved under 
                subsection (a) according to the ratio between the 
                school-aged population of each State and the school-
                aged population of all the States; and
                    ``(B) one-half of such remainder according to the 
                ratio between the amount each State received under 
                section 1124A for the preceding year and the sum of 
                such amounts received by all the States.
            ``(2) Minimum.--For any fiscal year, no State shall be 
        allotted under this subsection an amount that is less than one-
        half of 1 percent of the total amount allotted to all the 
        States under this subsection.
            ``(3) Reallotment.--The Secretary may reallot any amount of 
        any allotment to a State if the Secretary determines that the 
        State will be unable to use such amount within 2 years of such 
        allotment. Such reallotments shall be made on the same basis as 
        allotments are made under paragraph (1).
            ``(4) Definitions.--In this subsection:
                    ``(A) State.--The term `State' means each of the 50 
                States, the District of Columbia, and the Commonwealth 
                of Puerto Rico.
                    ``(B) Local educational agency.--The term `local 
                educational agency' includes educational service 
                agencies and consortia of such agencies.
    ``(c) Limitation.--Amounts appropriated under section 4004(2) for a 
fiscal year may not be increased above the amounts appropriated under 
such section for the previous fiscal year unless the amounts 
appropriated under section 4004(1) for the fiscal year involved are at 
least 10 percent greater that the amounts appropriated under such 
section 4004(1) for the previous fiscal year.

``SEC. 4112. STATE APPLICATIONS.

    ``(a) In General.--In order to receive an allotment under section 
4111 for any fiscal year, a State shall submit to the Secretary, at 
such time as the Secretary may require, an application that--
            ``(1) contains a comprehensive plan for the use of funds by 
        the State educational agency and the chief executive officer to 
        provide safe, orderly, and drug-free schools and communities;
            ``(2) contains the results of the State's needs assessment 
        for drug and violence prevention programs, which shall be based 
        on the results of on-going State evaluation activities, 
        including data on the incidence and prevalence, age of onset, 
        perception of health risk, and perception of social disapproval 
        of drug use and violence by youth in schools and communities 
        and the prevalence of risk or protective factors, buffers or 
        assets or other research-based variables in the school and 
        community;
            ``(3) contains assurances that the sections of the 
        application concerning the funds provided to the chief 
        executive officer and the State educational agency were 
        developed together, with each such officer or State 
        representative, in consultation and coordination with 
        appropriate State officials and others, including the chief 
        State school officer, the chief executive officer, the head of 
        the State alcohol and drug abuse agency, the heads of the State 
        health and mental health agencies, the head of the State 
        criminal justice planning agency, the head of the State child 
        welfare agency, the head of the State board of education, or 
        their designees, and representatives of parents, students, and 
        community-based organizations;
            ``(4) contains an assurance that the State will cooperate 
        with, and assist, the Secretary in conducting a national impact 
        evaluation of programs required by section 4117(a);
            ``(5) contains assurances that the State education agency 
        and the Governor will develop their respective applications in 
        consultation with an advisory council that includes, to the 
        extent practicable, representatives from school districts, 
        businesses, parents, youth, teachers, administrators, pupil 
        services personnel, private schools, appropriate State 
        agencies, community-based organization, the medical profession, 
        law enforcement, the faith-based community and other groups 
        with interest and expertise in alcohol, tobacco, drug, and 
        violence prevention;
            ``(6) contains assurances that the State education agency 
        and the Governor involve the representatives described in 
        paragraph (5), on an ongoing basis, to review program 
        evaluations and other relevant material and make 
        recommendations to the State education agency and the Governor 
        on how to improve their respective alcohol, tobacco, drug, and 
        violence prevention programs;
            ``(7) contains a list of the State's results-based 
        performance measures for drug and violence prevention, that 
        shall--
                    ``(A) be focused on student behavior and attitudes 
                and be derived from the needs assessment;
                    ``(B) include targets and due dates for the 
                attainment of such performance measures; and
                    ``(C) include a description of the procedures that 
                the State will use to inform local educational agencies 
                of such performance measures for assessing and publicly 
                reporting progress toward meeting such measures or 
                revising them as needed; and
            ``(8) includes any other information the Secretary may 
        require.
    ``(b) State Educational Agency Funds.--A State's application under 
this section shall also contain a comprehensive plan for the use of 
funds under section 4113(a) by the State educational agency that 
includes--
            ``(1) a plan for monitoring the implementation of, and 
        providing technical assistance regarding, the drug and violence 
        prevention programs conducted by local educational agencies in 
        accordance with section 4116
            ``(2) a description of how the State educational agency 
        will use funds under section 4113(b), including how the agency 
        will receive input from parents regarding the use of such 
        funds;
            ``(3) a description of how the State educational agency 
        will coordinate such agency's activities under this subpart 
        with the chief executive officer's drug and violence prevention 
        programs under this subpart and with the prevention efforts of 
        other State agencies; and
            ``(4) a description of the procedures the State educational 
        agency will use to review applications from and allocate 
        funding to local educational agencies under section 4115 and 
        how such review will receive input from parents.
    ``(c) Governor's Funds.--A State's application under this section 
shall also contain a comprehensive plan for the use of funds under 
section 4114(a) by the chief executive officer that includes, with 
respect to each activity to be carried out by the State--
            ``(1) a description of how the chief executive officer will 
        coordinate such officer's activities under this part with the 
        State educational agency and other State agencies and 
        organizations involved with drug and violence prevention 
        efforts;
            ``(2) a description of how funds reserved under section 
        4114(a) will be used so as not to duplicate the efforts of the 
        State educational agency and local educational agencies with 
        regard to the provision of school-based prevention efforts and 
        services and how those funds will be used to serve populations 
        not normally served by the State educational agency, such as 
        school dropouts and youth in detention centers;
            ``(3) a description of how the chief executive officer will 
        award funds under section 4114(a) and a plan for monitoring the 
        performance of, and providing technical assistance to, 
        recipients of such funds;
            ``(4) a description of the special outreach activities that 
        will be carried out to maximize the participation of community-
        based nonprofit organizations of demonstrated effectiveness 
        which provide services in low-income communities;
            ``(5) a description of how funds will be used to support 
        community-wide comprehensive drug and violence prevention 
        planning and community mobilization activities; and
            ``(6) a specific description of how input from parents will 
        be sought regarding the use of funds under section 4114(a).
    ``(d) Peer Review.--The Secretary shall use a peer review process 
in reviewing State applications under this section.
    ``(e) Interim Application.--Notwithstanding any other provisions of 
this section, a State may submit for fiscal year 2000 a 1-year interim 
application and plan for the use of funds under this subpart that are 
consistent with the requirements of this section and contain such 
information as the Secretary may specify in regulations. The purpose of 
such interim application and plan shall be to afford the State the 
opportunity to fully develop and review such State's application and 
comprehensive plan otherwise required by this section. A State may not 
receive a grant under this subpart for a fiscal year subsequent to 
fiscal year 2000 unless the Secretary has approved such State's 
application and comprehensive plan in accordance with this subpart.

``SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.

    ``(a) Use of Funds.--An amount equal to 80 percent of the total 
amount allocated to a State under section 4111 for each fiscal year 
shall be used by the State educational agency and its local educational 
agencies for drug and violence prevention activities in accordance with 
this section.
    ``(b) State Level Programs.--
            ``(1) In general.--A State educational agency shall use not 
        more than 5 percent of the amount available under subsection 
        (a) for activities such as--
                    ``(A) voluntary training and technical assistance 
                concerning drug and violence prevention for local 
                educational agencies and educational service agencies, 
                including teachers, administrators, coaches and 
                athletic directors, other staff, parents, students, 
                community leaders, health service providers, local law 
                enforcement officials, and judicial officials;
                    ``(B) the development, identification, 
                dissemination, and evaluation of the most readily 
                available, accurate, and up-to-date drug and violence 
                prevention curriculum materials (including videotapes, 
                software, and other technology-based learning 
                resources), for consideration by local educational 
                agencies;
                    ``(C) making available to local educational 
                agencies cost effective research-based programs for 
                youth violence and drug abuse prevention;
                    ``(D) demonstration projects in drug and violence 
                prevention, including service-learning projects;
                    ``(E) training, technical assistance, and 
                demonstration projects to address violence associated 
                with prejudice and intolerance;
                    ``(F) financial assistance to enhance resources 
                available for drug and violence prevention in areas 
                serving large numbers of economically disadvantaged 
                children or sparsely populated areas, or to meet other 
                special needs consistent with the purposes of this 
                subpart; and
                    ``(G) the evaluation of activities carried out 
                within the State under this part.
            ``(2) Special rule.--A State educational agency may carry 
        out activities under this subsection directly, or through 
        grants or contracts.
    ``(c) State Administration.--
            ``(1) In general.--A State educational agency may use not 
        more than 5 percent of the amount reserved under subsection (a) 
        for the administrative costs of carrying out its 
        responsibilities under this part.
            ``(2) Uniform management information and reporting 
        system.--In carrying out its responsibilities under this part, 
        a State shall implement a uniform management information and 
        reporting system that includes information on the types of 
        curricula, programs and services provided by the State, 
        Governor, local education agencies, and other recipients of 
        funds under this title.
    ``(d) Local Educational Agency Programs.--
            ``(1) In general.--A State educational agency shall 
        distribute not less than 91 percent of the amount made 
        available under subsection (a) for each fiscal year to local 
        educational agencies in accordance with this subsection.
            ``(2) Distribution.--A State educational agency shall 
        distribute amounts under paragraph (1) in accordance with any 
        one of the following subparagraphs:
                    ``(A) Enrollment and combination approach.--Of the 
                amount distributed under paragraph (1), a State 
                educational agency shall distribute
                            ``(i) at least 70 percent of such amount to 
                        local educational agencies, based on the 
                        relative enrollments in public and private 
                        nonprofit elementary and secondary schools 
                        within the boundaries of such agencies; and
                            ``(ii) not to exceed 30 percent of any 
                        amounts remaining after amounts are distributed 
                        under clause (i)--
                                    ``(I) to each local educational 
                                agency in an amount determined 
                                appropriate by the State education 
                                agency; or
                                    ``(II) to local educational 
                                agencies that the State education 
                                agency determines have the greatest 
                                need for additional funds to carry out 
                                drug and violence prevention programs 
                                authorized by this subpart.
                    ``(B) Competitive and need approach.--Of the amount 
                distributed under paragraph (1), a State educational 
                agency shall distribute
                            ``(i) not to exceed 70 percent of such 
                        amount to local educational agencies that the 
                        State agency determines, through a competitive 
                        process, have the greatest need for funds to 
                        carry out drug and violence prevention programs 
                        based on criteria established by the State 
                        agency and authorized under this subpart; and
                            ``(ii) at least 30 percent of any amounts 
                        remaining after amounts are distributed under 
                        clause (i) to local education agencies that the 
                        State agency determines have a need for 
                        additional funds to carry out the program 
                        authorized under this subpart.
            ``(3) Consideration of objective data.--For purposes of 
        paragraph (2), in determining which local educational agencies 
        have the greatest need for funds, the State educational agency 
        shall consider objective data which may include--
                    ``(A) high or increasing rates of alcohol or drug 
                use among youth;
                    ``(B) high or increasing rates of victimization of 
                youth by violence and crime;
                    ``(C) high or increasing rates of arrests and 
                convictions of youth for violent or drug- or alcohol-
                related crime;
                    ``(D) the extent of illegal gang activity;
                    ``(E) high or increasing incidence of violence 
                associated with prejudice and intolerance;
                    ``(F) high or increasing rates of referrals of 
                youths to drug and alcohol abuse treatment and 
                rehabilitation programs;
                    ``(G) high or increasing rates of referrals of 
                youths to juvenile court;
                    ``(H) high or increasing rates of expulsions and 
                suspensions of students from schools;
                    ``(I) high or increasing rates of reported cases of 
                child abuse and domestic violence; and
                    ``(J) high or increasing rates of drug related 
                emergencies or deaths.
    ``(e) Reallocation of Funds.--If a local educational agency chooses 
not to apply to receive the amount allocated to such agency under 
subsection (d), or if such agency's application under section 4115 is 
disapproved by the State educational agency, the State educational 
agency shall reallocate such amount to one or more of its other local 
educational agencies.
    ``(f) Return of Funds to State Educational Agency; Reallocation.--
            ``(1) Return.--Except as provided in paragraph (2), upon 
        the expiration of the 1-year period beginning on the date that 
        a local educational agency or educational service agency under 
        this title receives its allocation under this title--
                    ``(A) such agency shall return to the State 
                educational agency any funds from such allocation that 
                remain unobligated; and
                    ``(B) the State educational agency shall reallocate 
                any such amount to local educational agencies or 
                educational service agencies that have plans for using 
                such amount for programs or activities on a timely 
                basis.
            ``(2) Reallocation.--In any fiscal year, a local 
        educational agency, may retain for obligation in the succeeding 
        fiscal year--
                    ``(A) an amount equal to not more than 25 percent 
                of the allocation it receives under this title for such 
                fiscal year; or
                    ``(B) upon a demonstration of good cause by such 
                agency or consortium, a greater amount approved by the 
                State educational agency.

``SEC. 4114. GOVERNOR'S PROGRAMS.

    ``(a) Use of Funds.--
            ``(1) In general.--An amount equal to 20 percent of the 
        total amount allocated to a State under section 4111(b)(1) for 
        each fiscal year shall be used by the chief executive officer 
        of such State for drug and violence prevention programs and 
        activities in accordance with this section.
            ``(2) Administrative costs.--A chief executive officer may 
        use not more than 5 percent of the 20 percent described in 
        paragraph (1) for the administrative costs incurred in carrying 
        out the duties of such officer under this section. The chief 
        executive officer of a State may use amounts under this 
        paragraph to award grants to State, county, or local law 
        enforcement agencies, including district attorneys, in 
        consultation with local education agencies or community-based 
        agencies, for the purposes of carrying out drug abuse and 
        violence prevention activities.
    ``(b) State plan.--Amounts shall be used under this section in 
accordance with a State plan submitted by the chief executive office of 
the State. Such State plan shall contain--
            ``(1) an objective analysis of the current use (and 
        consequences of such use) of alcohol, tobacco, and controlled, 
        illegal, addictive or harmful substances as well as the 
        violence, safety, and discipline problems among students who 
        attend schools in the State (including private school students 
        who participate in the States's drug and violence prevention 
        programs) that is based on ongoing local assessment or 
        evaluation activities;
            ``(2) an analysis, based on data reasonably available at 
        the time, of the prevalence of risk or protective factors, 
        buffers or assets or other research-based variables in schools 
        and communities in the State;
            ``(3) a description of the research-based strategies and 
        programs, which shall be used to prevent or reduce drug use, 
        violence, or disruptive behavior, which shall include--
                    ``(A) a specification of the objectively measurable 
                goals, objectives, and activities for the program;
                    ``(B) a specification for how risk factors, if any, 
                which have been identified will be targeted through 
                research-based programs; and
                    ``(C) a specification for how protective factors, 
                buffers, or assets, if any, will be targeted through 
                research-based programs;
            ``(4) a specification for the method or methods by which 
        measurements of program goals will be achieved; and
            ``(5) a specification for how the evaluation of the 
        effectiveness of the prevention program will be assessed and 
        how the results will be used to refine, improve, and strengthen 
        the program.
    ``(c) Programs Authorized.--
            ``(1) In general.--A chief executive officer shall use 
        funds made available under subsection (a)(1) directly for 
        grants to or contracts with parent groups, schools, community 
        action and job training agencies, community-based 
        organizations, community anti-drug coalitions, law enforcement 
        education partnerships, and other public entities and private 
        nonprofit organizations and consortia thereof. In making such 
        grants and contracts, a chief executive officer shall give 
        priority to programs and activities described in subsection (d) 
        for--
                    ``(A) children and youth who are not normally 
                served by State or local educational agencies; or
                    ``(B) populations that need special services or 
                additional resources (such as preschoolers, youth in 
                juvenile detention facilities, runaway or homeless 
                children and youth, pregnant and parenting teenagers, 
                and school dropouts).
            ``(2) Peer review.--Grants or contracts awarded under this 
        subsection shall be subject to a peer review process.
    ``(d) Authorized Activities.--Grants and contracts under subsection 
(c) shall be used to carry out the comprehensive State plan as required 
under section 4112(a)(1) through programs and activities such as--
            ``(1) disseminating information about drug and violence 
        prevention;
            ``(2) the voluntary training of parents, law enforcement 
        officials, judicial officials, social service providers, health 
        service providers and community leaders about drug and violence 
        prevention, health education (as it relates to drug and 
        violence prevention), early intervention, pupil services, or 
        rehabilitation referral;
            ``(3) developing and implementing comprehensive, community-
        based drug and violence prevention programs that link community 
        resources with schools and integrate services involving 
        education, vocational and job skills training and placement, 
        law enforcement, health, mental health, community service, 
        service-learning, mentoring, and other appropriate services;
            ``(4) planning and implementing drug and violence 
        prevention activities that coordinate the efforts of State 
        agencies with efforts of the State educational agency and its 
        local educational agencies;
            ``(5) activities to protect students traveling to and from 
        school;
            ``(6) before-and-after school recreational, instructional, 
        cultural, and artistic programs that encourage drug- and 
        violence-free lifestyles;
            ``(7) activities that promote the awareness of and 
        sensitivity to alternatives to violence through courses of 
        study that include related issues of intolerance and hatred in 
        history;
            ``(8) developing and implementing activities to prevent and 
        reduce violence associated with prejudice and intolerance;
            ``(9) developing and implementing strategies to prevent 
        illegal gang activity;
            ``(10) coordinating and conducting school and community-
        wide violence and safety and drug abuse assessments and 
        surveys;
            ``(11) service-learning projects that encourage drug- and 
        violence-free lifestyles;
            ``(12) evaluating programs and activities assisted under 
        this section;
            ``(13) developing and implementing community mobilization 
        activities to undertake environmental change strategies related 
        to substance abuse and violence; and
            ``(14) partnerships between local law enforcement agencies, 
        including district attorneys, and local education agencies or 
        community-based agencies.

``SEC. 4115. LOCAL APPLICATIONS.

    ``(a) Application Required.--
            ``(1) In general.--In order to be eligible to receive a 
        distribution under section 4113(d) for any fiscal year, a local 
        educational agency shall submit, at such time as the State 
        educational agency requires, an application to the State 
        educational agency for approval. Such an application shall be 
        amended, as necessary, to reflect changes in the local 
        educational agency's program.
            ``(2) Development.--
                    ``(A) Consultation.--A local educational agency 
                shall develop its application under subsection (a)(1) 
                in consultation with a local or substate regional 
                advisory council that includes, to the extent possible, 
                representatives of local government, business, parents, 
                students, teachers, pupil services personnel, 
                appropriate State agencies, private schools, the 
                medical profession, law enforcement, community-based 
                organizations, and other groups with interest and 
                expertise in drug and violence prevention.
                    ``(B) Duties of advisory council.--In addition to 
                assisting the local educational agency to develop an 
                application under this section, the advisory council 
                established or designated under subparagraph (A) shall, 
                on an ongoing basis--
                            ``(i) disseminate information about 
                        research-based drug and violence prevention 
                        programs, projects, and activities conducted 
                        within the boundaries of the local educational 
                        agency;
                            ``(ii) advise the local educational agency 
                        regarding how best to coordinate such agency's 
                        activities under this subpart with other 
                        related programs, projects, and activities;
                            ``(iii) ensure that a mechanism is in place 
                        to enable local educational agencies to have 
                        access to up-to-date information concerning the 
                        agencies that administer related programs, 
                        projects, and activities and any changes in the 
                        law that alter the duties of the local 
                        educational agencies with respect to activities 
                        conducted under this subpart; and
                            ``(iv) review program evaluations and other 
                        relevant material and make recommendations on 
                        an active and ongoing basis to the local 
                        educational agency on how to improve such 
                        agency's drug and violence prevention programs.
    ``(b) Contents of Applications.--An application under this section 
shall contain--
            ``(1) an objective analysis of the current use (and 
        consequences of such use) of alcohol, tobacco, and controlled, 
        illegal, addictive or harmful substances as well as the 
        violence, safety, and discipline problems among students who 
        attend the schools of the applicant (including private school 
        students who participate in the applicant's drug and violence 
        prevention program) that is based on ongoing local assessment 
        or evaluation activities;
            ``(2) an analysis, based on data reasonably available at 
        the time, of the prevalence of risk or protective factors, 
        buffers or assets or other research-based variables in the 
        school and community;
            ``(3) a description of the research-based strategies and 
        programs, which shall be used to prevent or reduce drug use, 
        violence, or disruptive behavior, which shall include--
                    ``(A) a specification of the objectively measurable 
                goals, objectives, and activities for the program, 
                which shall include--
                            ``(i) reductions in the use of alcohol, 
                        tobacco, and illicit drugs and violence by 
                        youth;
                            ``(ii) specific reductions in the 
                        prevalence of identified risk factors;
                            ``(iii) specific increases in the 
                        prevalence of protective factors, buffers, or 
                        assets if any have been identified; or
                            ``(iv) other research-based goals, 
                        objectives, and activities that are identified 
                        as part of the application that are not 
                        otherwise covered under clauses (i) through 
                        (iii);
                    ``(B) a specification for how risk factors, if any, 
                which have been identified will be targeted through 
                research-based programs; and
                    ``(C) a specification for how protective factors, 
                buffers, or assets, if any, will be targeted through 
                research-based programs;
            ``(4) a specification for the method or methods by which 
        measurements of program goals will be achieved;
            ``(5) a specification for how the evaluation of the 
        effectiveness of the prevention program will be assessed and 
        how the results will be used to refine, improve, and strengthen 
        the program;
            ``(6) an assurance that the applicant has, or the schools 
        to be served have, a plan for keeping schools safe and drug-
        free that includes--
                    ``(A) appropriate and effective discipline policies 
                that prohibit disorderly conduct, the possession of 
                firearms and other weapons, and the illegal use, 
                possession, distribution, and sale of tobacco, alcohol, 
                and other drugs by students;
                    ``(B) security procedures at school and while 
                students are on the way to and from school;
                    ``(C) prevention activities that are designed to 
                create and maintain safe, disciplined, and drug-free 
                environments; and
                    ``(D) a crisis management plan for responding to 
                violent or traumatic incidents on school grounds; and
            ``(7) such other information and assurances as the State 
        educational agency may reasonably require.
    ``(c) Review of Application.--
            ``(1) In general.--In reviewing local applications under 
        this section, a State educational agency shall use a peer 
        review process or other methods of assuring the quality of such 
        applications.
            ``(2) Considerations.--
                    ``(A) In general.--In determining whether to 
                approve the application of a local educational agency 
                under this section, a State educational agency shall 
                consider the quality of the local educational agency's 
                comprehensive plan under subsection (b)(6) and the 
                extent to which the proposed plan provides a thorough 
                assessment of the substance abuse and violence problem, 
                uses objective data and the knowledge of a wide range 
                of community members, develops measurable goals and 
                objectives, and implements research-based programs that 
                have been shown to be effective and meet identified 
                needs.
                    ``(B) Disapproval.--A State educational agency may 
                disapprove a local educational agency application under 
                this section in whole or in part and may withhold, 
                limit, or place restrictions on the use of funds 
                allotted to such a local educational agency in a manner 
                the State educational agency determines will best 
                promote the purposes of this part, except that a local 
                educational agency shall be afforded an opportunity to 
                appeal any such disapproval.

``SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.

    ``(a) Program Requirements.--A local educational agency shall use 
funds received under this subpart to adopt and carry out a 
comprehensive drug and violence prevention program which shall--
            ``(1) be designed, for all students and school employees, 
        to--
                    ``(A) prevent the use, possession, and distribution 
                of tobacco, alcohol, and illegal drugs by students and 
                to prevent the illegal use, possession, and 
                distribution of such substances by school employees;
                    ``(B) prevent violence and promote school safety; 
                and
                    ``(C) create a disciplined environment conducive to 
                learning;
            ``(2) include activities to promote the involvement of 
        parents and coordination with community groups and agencies, 
        including the distribution of information about the local 
        educational agency's needs, goals, and programs under this 
        subpart;
            ``(3) implement activities which shall only include--
                    ``(A) a thorough assessment of the substance abuse 
                violence problem, using objective data and the 
                knowledge of a wide range of community members;
                    ``(B) the development of measurable goals and 
                objectives;
                    ``(C) the implementation of research-based programs 
                that have been shown to be effective and meet 
                identified goals; and
                    ``(D) an evaluation of program activities; and
            ``(4) implement prevention programming activities within 
        the context of a research-based prevention framework.
    ``(b) Use of Funds.--A comprehensive, age-appropriate, 
developmentally-, and research-based drug and violence prevention 
program carried out under this subpart may include--
            ``(1) drug or violence prevention and education programs 
        for all students, from the preschool level through grade 12, 
        that address the legal, social, personal and health 
        consequences of the use of illegal drugs or violence, promote a 
        sense of individual responsibility, and provide information 
        about effective techniques for resisting peer pressure to use 
        illegal drugs;
            ``(2) programs of drug or violence prevention, health 
        education (as it relates to drug and violence prevention), 
        early intervention, pupil services, mentoring, or 
        rehabilitation referral, which emphasize students' sense of 
        individual responsibility and which may include--
                    ``(A) the dissemination of information about drug 
                or violence prevention;
                    ``(B) the professional development or voluntary 
                training of school personnel, parents, students, law 
                enforcement officials, judicial officials, health 
                service providers and community leaders in prevention, 
                education, early intervention, pupil services or 
                rehabilitation referral; and
                    ``(C) the implementation of strategies, including 
                strategies to integrate the delivery of services from a 
                variety of providers, to combat illegal alcohol, 
                tobacco and drug use, such as--
                            ``(i) family counseling; and
                            ``(ii) activities, such as community 
                        service and service-learning projects, that are 
                        designed to increase students' sense of 
                        community;
            ``(3) age-appropriate, developmentally based violence 
        prevention and education programs for all students, from the 
        preschool level through grade 12, that address the legal, 
        health, personal, and social consequences of violent and 
        disruptive behavior, including sexual harassment and abuse, and 
        victimization associated with prejudice and intolerance, and 
        that include activities designed to help students develop a 
        sense of individual responsibility and respect for the rights 
        of others, and to resolve conflicts without violence, or 
        otherwise decrease the prevalence of risk factors or increase 
        the prevalence of protective factors, buffers, or assets in the 
        community;
            ``(4) violence prevention programs for school-aged youth, 
        which emphasize students' sense of individual responsibility 
        and may include--
                    ``(A) the dissemination of information about school 
                safety and discipline;
                    ``(B) the professional development or voluntary 
                training of school personnel, parents, students, law 
                enforcement officials, judicial officials, and 
                community leaders in designing and implementing 
                strategies to prevent school violence;
                    ``(C) the implementation of strategies, such as 
                conflict resolution and peer mediation, student 
                outreach efforts against violence, anti-crime youth 
                councils (which work with school and community-based 
                organizations to discuss and develop crime prevention 
                strategies), and the use of mentoring programs, to 
                combat school violence and other forms of disruptive 
                behavior, such as sexual harassment and abuse; and
                    ``(D) the development and implementation of 
                character education programs, as a component of a 
                comprehensive drug or violence prevention program, that 
                are tailored by communities, parents and schools; and
                    ``(E) comprehensive, community-wide strategies to 
                prevent or reduce illegal gang activities and drug use;
            ``(5) supporting `safe zones of passage' for students 
        between home and school through such measures as Drug- and 
        Weapon-Free School Zones, enhanced law enforcement, and 
        neighborhood patrols;
            ``(6) the acquisition or hiring of school security 
        equipment, technologies, personnel, or services such as--
                    ``(A) metal detectors;
                    ``(B) electronic locks;
                    ``(C) surveillance cameras; and
                    ``(D) other drug and violence prevention-related 
                equipment and technologies;
            ``(7) professional development for teachers and other staff 
        and curricula that promote the awareness of and sensitivity to 
        alternatives to violence through courses of study that include 
        related issues of intolerance and hatred in history;
            ``(8) the promotion of before-and-after school 
        recreational, instructional, cultural, and artistic programs in 
        supervised community settings;
            ``(9) other research-based prevention programming that is--
                    ``(A) effective in reducing the prevalence of 
                alcohol, tobacco or drug use, and violence in youth;
                    ``(B) effective in reducing the prevalence of risk 
                factors predictive of increased alcohol, tobacco or 
                drug use, and violence; or
                    ``(C) effective in increasing the prevalence of 
                protective factors, buffers, and assets predictive of 
                decreased alcohol, tobacco or drug use and violence 
                among youth;
            ``(10) the collection of objective data used to assess 
        program needs, program implementation, or program success in 
        achieving program goals and objectives;
            ``(11) community involvement activities including community 
        mobilization;
            ``(12) voluntary parental involvement and training;
            ``(13) the evaluation of any of the activities authorized 
        under this subsection;
            ``(14) the provision of mental health counseling (by 
        qualified counselors) to students for drug or violence related 
        problems;
            ``(15) consistent with the fourth amendment to the 
        Constitution of the United States, the testing of a student for 
        illegal drug use or inspecting a student's locker for guns, 
        explosives, other weapons, or illegal drugs, including at the 
        request of or with the consent of a parent or legal guardian of 
        the student, if the local educational agency elects to so test 
        or inspect; and
            ``(16) the conduct of a nationwide background check of each 
        local educational agency employee (regardless of when hired) 
        and prospective employees for the purpose of determining 
        whether the employee or prospective employee has been convicted 
        of a crime that bears upon the employee's or prospective 
        employee's fitness--
                    ``(A) to have responsibility for the safety or 
                well-being of children;
                    ``(B) to serve in the particular capacity in which 
                the employee or prospective employee is or will be 
                employed; or
                    ``(C) to otherwise be employed at all by the local 
                educational agency.
    ``(c) Limitations.--
            ``(1) In general.--Not more than 20 percent of the funds 
        made available to a local educational agency under this subpart 
        may be used to carry out the activities described in paragraphs 
        (5) and (6) of subsection (b).
            ``(2) Special rule.--A local educational agency shall only 
        be able to use funds received under this subpart for activities 
        described in paragraphs (5) and (6) of subsection (b) if 
        funding for such activities is not received from other Federal 
        agencies.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the use of funds under this part by any local 
educational agency or school for the establishment or implementation of 
a school uniform policy so long as such policy is part of the overall 
comprehensive drug and violence prevention plan of the State involved 
and is supported by the State's needs assessment and other research-
based information.

``SEC. 4117. EVALUATION AND REPORTING.

    ``(a) Impact Evaluation.--
            ``(1) Biennial evaluation.--The Secretary, in consultation 
        with the National Advisory Committee, shall conduct an 
        independent biennial evaluation of the impact of programs 
        assisted under this subpart and of other recent and new 
        initiatives to combat violence in schools. The evaluation shall 
        report on--
                    ``(A) whether funded community and local education 
                agency programs--
                            ``(i) provided a thorough assessment of the 
                        substance abuse and violence problem;
                            ``(ii) used objective data and the 
                        knowledge of a wide range of community members;
                            ``(iii) developed measurable goals and 
                        objectives; and
                            ``(iv) implemented research-based programs 
                        that have been shown to be effective and meet 
                        identified needs;
                            ``(v) conducted periodic program 
                        evaluations to assess progress made towards 
                        achieving program goals and objectives and 
                        whether they used evaluations to improve 
                        program goals, objectives and activities;
                    ``(B) whether funded community and local education 
                agency programs have been designed and implemented in a 
                manner that specifically targets, if relevant to the 
                program--
                            ``(i) research-based variables that are 
                        predictive of drug use or violence;
                            ``(ii) risk factors that are predictive of 
                        an increased likelihood that young people will 
                        use drugs, alcohol or tobacco or engage in 
                        violence or drop out of school; or
                            ``(iii) protective factors, buffers, or 
                        assets that are known to protect children and 
                        youth from exposure to risk, either by reducing 
                        the exposure to risk factors or by changing the 
                        way the young person responds to risk, and to 
                        increase the likelihood of positive youth 
                        development;
                    ``(C) whether funded community and local education 
                agency programs have appreciably reduced the level of 
                drug, alcohol and tobacco use and school violence and 
                the presence of firearms at schools; and
                    ``(D) whether funded community and local 
                educational agency programs have conducted effective 
                parent involvement and voluntary training programs.
            ``(2) Data collection.--The National Center for Education 
        Statistics shall collect data to determine the incidence and 
        prevalence of social disapproval of drug use and violence in 
        elementary and secondary schools in the States.
            ``(3) Biennial Report.--Not later than January 1, 2002, and 
        every 2 years thereafter, the Secretary shall submit to the 
        President and Congress a report on the findings of the 
        evaluation conducted under paragraph (1) together with the data 
        collected under paragraph (2) and data available from other 
        sources on the incidence and prevalence, age of onset, 
        perception of health risk, and perception of social disapproval 
        of drug use in elementary and secondary schools in the States. 
        The Secretary shall include data submitted by the States 
        pursuant to subsection (b)(2)(B).
    ``(b) State Report.--
            ``(1) In general.--By December 1, 2001, and every 2 years 
        thereafter, the chief executive officer of the State, in 
        cooperation with the State educational agency, shall submit to 
        the Secretary a report--
                    ``(A) on the implementation and outcomes of State 
                programs under section 4114 and section 4113(b) and 
                local educational agency programs under section 
                4113(d), as well as an assessment of their 
                effectiveness;
                    ``(B) on the State's progress toward attaining its 
                goals for drug and violence prevention under 
                subsections (b)(1) and (c)(1) of section 4112; and
                    ``(C) on the State's efforts to inform parents of, 
                and include parents in, violence and drug prevention 
                efforts.
            ``(2) Special rule.--The report required by this subsection 
        shall be--
                    ``(A) in the form specified by the Secretary;
                    ``(B) based on the State's ongoing evaluation 
                activities, and shall include data on the incidence and 
                prevalence, age of onset, perception of health risk, 
                and perception of social disapproval of drug use and 
                violence by youth in schools and communities; and
                    ``(C) made readily available to the public.
    ``(c) Local Educational Agency Report.--
            ``(1) In general.--Each local educational agency receiving 
        funds under this subpart shall submit to the State educational 
        agency such information that the State requires to complete the 
        State report required by subsection (b), including a 
        description of how parents were informed of, and participated 
        in, violence and drug prevention efforts.
            ``(2) Availability.--Information under paragraph (1) shall 
        be made readily available to the public.
            ``(3) Provision of documentation.--Not later than January 1 
        of each year that a State is required to report under 
        subsection (b), the Secretary shall provide to the State 
        education agency all of the necessary documentation required 
        for compliance with this section.

``SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.

    ``(a) General Authority.--From the funds made available pursuant to 
section 4111(a)(4) to carry out this section, the Secretary shall make 
grants to or enter into cooperative agreements or contracts with 
organizations primarily serving and representing Native Hawaiians which 
are recognized by the Governor of the State of Hawaii to plan, conduct, 
and administer programs, or portions thereof, which are authorized by 
and consistent with the provisions of this title for the benefit of 
Native Hawaiians.
    ``(b) Definition of Native Hawaiian.--For the purposes of this 
section, the term `Native Hawaiian' means any individual any of whose 
ancestors were natives, prior to 1778, of the area which now comprises 
the State of Hawaii.

                     ``Subpart 2--National Programs

``SEC. 4121. FEDERAL ACTIVITIES.

    ``(a) Program Authorized.--From funds made available to carry out 
this subpart under section 4004(2), the Secretary, in consultation with 
the Secretary of Health and Human Services, the Director of the Office 
of National Drug Control Policy, and the Attorney General, shall carry 
out programs to prevent the illegal use of drugs and violence among, 
and promote safety and discipline for, students at all educational 
levels from preschool through the post-secondary level. The Secretary 
shall carry out such programs directly, or through grants, contracts, 
or cooperative agreements with public and private nonprofit 
organizations and individuals, or through agreements with other Federal 
agencies, and shall coordinate such programs with other appropriate 
Federal activities. Such programs may include--
            ``(1) the development and demonstration of innovative 
        strategies for the voluntary training of school personnel, 
        parents, and members of the community, including the 
        demonstration of model preservice training programs for 
        prospective school personnel;
            ``(2) demonstrations and rigorous evaluations of innovative 
        approaches to drug and violence prevention;
            ``(3) the provision of information on drug abuse education 
        and prevention to the Secretary of Health and Human Services 
        for dissemination by the clearinghouse for alcohol and drug 
        abuse information established under section 501(d)(16) of the 
        Public Health Service Act;
            ``(4) the development of curricula related to child abuse 
        prevention and education and the training of personnel to teach 
        child abuse education and prevention to elementary and 
        secondary schoolchildren;
            ``(5) program evaluations in accordance with section 10201 
        that address issues not addressed under section 4117(a);
            ``(6) direct services to schools and school systems 
        afflicted with especially severe drug and violence problems or 
        to support crisis situations and appropriate response efforts;
            ``(7) activities in communities designated as empowerment 
        zones or enterprise communities that will connect schools to 
        community-wide efforts to reduce drug and violence problems;
            ``(8) developing and disseminating drug and violence 
        prevention materials, including video-based projects and model 
        curricula;
            ``(9) developing and implementing a comprehensive violence 
        prevention strategy for schools and communities, that may 
        include conflict resolution, peer mediation, the teaching of 
        law and legal concepts, and other activities designed to stop 
        violence;
            ``(10) the implementation of innovative activities, such as 
        community service and service-learning projects, designed to 
        rebuild safe and healthy neighborhoods and increase students' 
        sense of individual responsibility;
            ``(11) grants to noncommercial telecommunications entities 
        for the production and distribution of national video-based 
        projects that provide young people with models for conflict 
        resolution and responsible decisionmaking;
            ``(12) the development of education and training programs, 
        curricula, instructional materials, and professional training 
        and development for preventing and reducing the incidence of 
        crimes and conflicts motivated by hate in localities most 
        directly affected by hate crimes; and
            ``(13) other activities that meet unmet national needs 
        related to the purposes of this title.
    ``(b) Peer Review.--The Secretary shall use a peer review process 
in reviewing applications for funds under this section.

``SEC. 4122. NATIONAL COORDINATOR PROGRAM.

    ``(a) In General.--From amounts available to carry out this section 
under section 4004(3), the Secretary shall provide for the 
establishment of a National Coordinator Program under which the 
Secretary shall award grants to local education agencies for the hiring 
of drug prevention and school safety program coordinators.
    ``(b) Use of Funds.--Amounts received under a grant under 
subsection (a) shall be used by local education agencies to recruit, 
hire, and train individuals to serve as drug prevention and school 
safety program coordinators in schools with significant drug and school 
safety problems. Such coordinators shall be responsible for developing, 
conducting, and analyzing assessments of drug and crime problems at 
their schools, and administering the safe and drug free grant program 
at such schools.

``SEC. 4123. SAFE AND DRUG FREE SCHOOLS AND COMMUNITIES ADVISORY 
              COMMITTEE.

    ``(a) Establishment.--
            ``(1) In general.--There is hereby established an advisory 
        committee to be known as the `Safe and Drug Free Schools and 
        Communities Advisory Committee' (referred to in this section as 
        the `Advisory Committee') to--
                    ``(A) consult with the Secretary under subsection 
                (b);
                    ``(B) coordinate Federal school- and community-
                based substance abuse and violence prevention programs 
                and reduce duplicative research or services;
                    ``(C) develop core data sets and evaluation 
                protocols for safe and drug free school- and community-
                based programs;
                    ``(D) provide technical assistance and training for 
                safe and drug free school- and community-based 
                programs;
                    ``(E) provide for the diffusion of research-based 
                safe and drug free school- and community-based 
                programs; and
                    ``(F) review other regulations and standards 
                developed under this title.
            ``(2) Composition.--The Advisory Committee shall be 
        composed of representatives from--
                    ``(A) the Department of Education,
                    ``(B) the Centers for Disease Control and 
                Prevention;
                    ``(C) the National Institute on Drug Abuse;
                    ``(D) the National Institute on Alcoholism and 
                Alcohol Abuse;
                    ``(E) the Center for Substance Abuse Prevention;
                    ``(F) the Center for Mental Health Services;
                    ``(G) the Office of Juvenile Justice and 
                Delinquency Prevention;
                    ``(H) the Office of National Drug Control Policy; 
                and
                    ``(I) State and local governments, including 
                education agencies.
            ``(3) Consultation.--In carrying out its duties under this 
        section, the Advisory Committee shall annually consult with 
        interested State and local coordinators of school- and 
        community-based substance abuse and violence prevention 
        programs and other interested groups.
    ``(b) Programs.--
            ``(1) In general.--From amounts made available under 
        section 4004(2) to carry out this subpart, the Secretary, in 
        consultation with the Advisory Committee, shall carry out 
        research-based programs to strengthen the accountability and 
        effectiveness of the State, Governor's, and national programs 
        under this title.
            ``(2) Grants, contracts or cooperative agreements.--The 
        Secretary shall carry out paragraph (1) directly or through 
        grants, contracts, or cooperative agreements with public and 
        nonprofit private organizations and individuals or through 
        agreements with other Federal agencies.
            ``(3) Coordination.--The Secretary shall coordinate 
        programs under this section with other appropriate Federal 
        activities.
            ``(4) Activities.--Activities that may be carried out under 
        programs funded under this section may include--
                    ``(A) the provision of technical assistance and 
                training, in collaboration with other Federal agencies 
                utilizing their expertise and national and regional 
                training systems, for Governors, State education 
                agencies and local education agencies to support high 
                quality, effective programs that--
                            ``(i) provide a thorough assessment of the 
                        substance abuse and violence problem;
                            ``(ii) utilize objective data and the 
                        knowledge of a wide range of community members;
                            ``(iii) develop measurable goals and 
                        objectives; and
                            ``(iv) implement research-based activities 
                        that have been shown to be effective and that 
                        meet identified needs;
                    ``(B) the provision of technical assistance and 
                training to foster program accountability;
                    ``(C) the diffusion and dissemination of best 
                practices and programs;
                    ``(D) the development of core data sets and 
                evaluation tools;
                    ``(E) program evaluations;
                    ``(F) the provision of information on drug abuse 
                education and prevention to the Secretary of Health and 
                Human Services for dissemination by the Clearinghouse 
                for Alcohol and Drug Abuse Information established 
                under section 501(d)(16) of the Public Health Service 
                Act; and
                    ``(G) other activities that meet unmet needs 
                related to the purposes of this title and that are 
                undertaken in consultation with the Advisory Committee.

``SEC. 4124. HATE CRIME PREVENTION.

    ``(a) Grant Authorization.--From funds made available to carry out 
this subpart under section 4004(2) the Secretary may make grants to 
local educational agencies and community-based organizations for the 
purpose of providing assistance to localities most directly affected by 
hate crimes.
    ``(b) Use of Funds.--
            ``(1) Program development.--Grants under this section may 
        be used to improve elementary and secondary educational 
        efforts, including--
                    ``(A) development of education and training 
                programs designed to prevent and to reduce the 
                incidence of crimes and conflicts motivated by hate;
                    ``(B) development of curricula for the purpose of 
                improving conflict or dispute resolution skills of 
                students, teachers, and administrators;
                    ``(C) development and acquisition of equipment and 
                instructional materials to meet the needs of, or 
                otherwise be part of, hate crime or conflict programs; 
                and
                    ``(D) professional training and development for 
                teachers and administrators on the causes, effects, and 
                resolutions of hate crimes or hate-based conflicts.
            ``(2) In general.--In order to be eligible to receive a 
        grant under this section for any fiscal year, a local 
        educational agency, or a local educational agency in 
        conjunction with a community-based organization, shall submit 
        an application to the Secretary in such form and containing 
        such information as the office may reasonably require.
            ``(3) Requirements.--Each application under paragraph (2) 
        shall include--
                    ``(A) a request for funds for the purposes 
                described in this section;
                    ``(B) a description of the schools and communities 
                to be served by the grants; and
                    ``(C) assurances that Federal funds received under 
                this section shall be used to supplement, not supplant, 
                non-Federal funds.
            ``(4) Comprehensive plan.--Each application shall include a 
        comprehensive plan that contains--
                    ``(A) a description of the hate crime or conflict 
                problems within the schools or the community targeted 
                for assistance;
                    ``(B) a description of the program to be developed 
                or augmented by such Federal and matching funds;
                    ``(C) assurances that such program or activity 
                shall be administered by or under the supervision of 
                the applicant;
                    ``(D) proper and efficient administration of such 
                program; and
                    ``(E) fiscal control and fund accounting procedures 
                as may be necessary to ensure prudent use, proper 
                disbursement, and accurate accounting of funds received 
                under this section.
    ``(c) Award of Grants.--
            ``(1) Selection of recipients.--The Secretary shall 
        consider the incidence of crimes and conflicts motivated by 
        bias in the targeted schools and communities in awarding grants 
        under this section.
            ``(2) Geographic distribution.--The Secretary shall 
        attempt, to the extent practicable, to achieve an equitable 
        geographic distribution of grant awards.
            ``(3) Dissemination of information.--The Secretary shall 
        attempt, to the extent practicable, to make available 
        information regarding successful hate crime prevention 
        programs, including programs established or expanded with 
        grants under this section.
    ``(d) Reports.--The Secretary shall submit to the Congress a report 
every two years which shall contain a detailed statement regarding 
grants and awards, activities of grant recipients, and an evaluation of 
programs established under this section.

                    ``Subpart 3--General Provisions

``SEC. 4131. DEFINITIONS.

    ``In this part:
            ``(1) Community-based organization.--The term `community-
        based organization' means a private nonprofit organization 
        which is representative of a community or significant segments 
        of a community and which provides educational or related 
        services to individuals in the community.
            ``(2) Drug and violence prevention.--The term `drug and 
        violence prevention' means--
                    ``(A) with respect to drugs, prevention, early 
                intervention, rehabilitation referral, or education 
                related to the illegal use of alcohol and the use of 
                controlled, illegal, addictive, or harmful substances, 
                including inhalants and anabolic steroids;
                    ``(B) prevention, early intervention, smoking 
                cessation activities, or education, related to the use 
                of tobacco by children and youth eligible for services 
                under this title; and
                    ``(C) with respect to violence, the promotion of 
                school safety, such that students and school personnel 
                are free from violent and disruptive acts, including 
                sexual harassment and abuse, and victimization 
                associated with prejudice and intolerance, on school 
                premises, going to and from school, and at school-
                sponsored activities, through the creation and 
                maintenance of a school environment that is free of 
                weapons and fosters individual responsibility and 
                respect for the rights of others.
            ``(3) Hate crime.--The term `hate crime' means a crime as 
        described in section 1(b) of the Hate Crime Statistics Act of 
        1990.
            ``(4) Nonprofit.--The term `nonprofit', as applied to a 
        school, agency, organization, or institution means a school, 
        agency, organization, or institution owned and operated by one 
        or more nonprofit corporations or associations, no part of the 
        net earnings of which inures, or may lawfully inure, to the 
        benefit of any private shareholder or individual.
            ``(5) Objectively measurable goals.--The term `objectively 
        measurable goals' means prevention programming goals defined 
        through use of quantitative epidemiological data measuring the 
        prevalence of alcohol, tobacco, and other drug use, violence, 
        and the prevalence of risk and protective factors predictive of 
        these behaviors, collected through a variety of methods and 
        sources known to provide high quality data.
            ``(6) Protective factor, buffer, or asset.--The terms 
        `protective factor', `buffer', and `asset' mean any one of a 
        number of the community, school, family, or peer-individual 
        domains that are known, through prospective, longitudinal 
        research efforts, or which are grounded in a well-established 
        theoretical model of prevention, and have been shown to prevent 
        alcohol, tobacco, or illicit drug use, as well as violent 
        behavior, by youth in the community, and which promote positive 
        youth development.
            ``(7) Risk factor.--The term `risk factor' means any one of 
        a number of characteristics of the community, school, family, 
        or peer-individual domains that are known, through prospective, 
        longitudinal research efforts, to be predictive of alcohol, 
        tobacco, and illicit drug use, as well as violent behavior, by 
        youth in the school and community.
            ``(8) School-aged population.--The term `school-aged 
        population' means the population aged five through 17, as 
        determined by the Secretary on the basis of the most recent 
        satisfactory data available from the Department of Commerce.
            ``(9) School personnel.--The term `school personnel' 
        includes teachers, administrators, counselors, social workers, 
        psychologists, nurses, librarians, and other support staff who 
        are employed by a school or who perform services for the school 
        on a contractual basis.

``SEC. 4132. MATERIALS.

    ``(a) `Illegal and Harmful' Message.--Drug prevention programs 
supported under this part shall convey a clear and consistent message 
that the illegal use of alcohol and other drugs is illegal and harmful.
    ``(b) Curriculum.--The Secretary shall not prescribe the use of 
specific curricula for programs supported under this part, but may 
evaluate the effectiveness of such curricula and other strategies in 
drug and violence prevention.

``SEC. 4133. PROHIBITED USES OF FUNDS.

    ``No funds under this part may be used for--
            ``(1) construction (except for minor remodeling needed to 
        accomplish the purposes of this part); and
            ``(2) medical services, drug treatment or rehabilitation, 
        except for pupil services or referral to treatment for students 
        who are victims of or witnesses to crime or who use alcohol, 
        tobacco, or drugs.

``SEC. 4134. QUALITY RATING.

    ``(a) In General.--The chief executive officer of each State, or in 
the case of a State in which the constitution or law of such State 
designates another individual, entity, or agency in the State to be 
responsible for education activities, such individual, entity, or 
agency, is authorized and encouraged--
            ``(1) to establish a standard of quality for drug, alcohol, 
        and tobacco prevention programs implemented in public 
        elementary schools and secondary schools in the State in 
        accordance with subsection (b); and
            ``(2) to identify and designate, upon application by a 
        public elementary school or secondary school, any such school 
        that achieves such standard as a quality program school.
    ``(b) Criteria.--The standard referred to in subsection (a) shall 
address, at a minimum--
            ``(1) a comparison of the rate of illegal use of drugs, 
        alcohol, and tobacco by students enrolled in the school for a 
        period of time to be determined by the chief executive officer 
        of the State;
            ``(2) the rate of suspensions or expulsions of students 
        enrolled in the school for drug, alcohol, or tobacco-related 
        offenses;
            ``(3) the effectiveness of the drug, alcohol, or tobacco 
        prevention program as proven by research;
            ``(4) the involvement of parents and community members in 
        the design of the drug, alcohol, and tobacco prevention 
        program; and
            ``(5) the extent of review of existing community drug, 
        alcohol, and tobacco prevention programs before implementation 
        of the public school program.
    ``(c) Request for Quality Program School Designation.--A school 
that wishes to receive a quality program school designation shall 
submit a request and documentation of compliance with this section to 
the chief executive officer of the State or the individual, entity, or 
agency described in subsection (a), as the case may be.
    ``(d) Public Notification.--Not less than once a year, the chief 
executive officer of each State or the individual, entity, or agency 
described in subsection (a), as the case may be, shall make available 
to the public a list of the names of each public school in the State 
that has received a quality program school designation in accordance 
with this section.''.

SEC. 402. GUN-FREE REQUIREMENTS.

    Title IV (20 U.S.C. 7101 et seq.) is amended by adding at the end 
the following:

                        ``PART B--GUN POSSESSION

``SEC. 4201. GUN-FREE REQUIREMENTS.

    ``(a) Short Title.--This part may be cited as the ``Gun-Free 
Schools Act of 1994''.
    ``(b) Requirements.--
            ``(1) In general.--Each State receiving Federal funds under 
        this Act shall have in effect a State law requiring local 
        educational agencies to expel from school for a period of not 
        less than one year a student who is determined to have brought 
        a weapon to a school under the jurisdiction of local 
        educational agencies in that State, except that such State law 
        shall allow the chief administering officer of a local 
        educational agency to modify such expulsion requirement for a 
        student on a case-by-case basis.
            ``(2) Construction.--Nothing in this part shall be 
        construed to prevent a State from allowing a local educational 
        agency that has expelled a student from such a student's 
        regular school setting from providing educational services to 
        such student in an alternative setting.
            ``(3) Definition.--For the purpose of this section, the 
        term `weapon' means a firearm as such term is defined in 
        section 921(a) of title 18, United States Code.
    ``(c) Special Rule.--The provisions of this section shall be 
construed in a manner consistent with the Individuals with Disabilities 
Education Act.
    ``(d) Report to State.--Each local educational agency requesting 
assistance from the State educational agency that is to be provided 
from funds made available to the State under this Act shall provide to 
the State, in the application requesting such assistance--
            ``(1) an assurance that such local educational agency is in 
        compliance with the State law required by subsection (b); and
            ``(2) a description of the circumstances surrounding any 
        expulsions imposed under the State law required by subsection 
        (b), including--
                    ``(A) the name of the school concerned;
                    ``(B) the number of students expelled from such 
                school; and
                    ``(C) the type of weapons concerned.
    ``(e) Reporting.--Each State shall report the information described 
in subsection (d) to the Secretary on an annual basis.

``SEC. 4202. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.

    ``(a) In General.--No funds shall be made available under this Act 
to any local educational agency unless such agency has a policy 
requiring referral to the criminal justice or juvenile delinquency 
system of any student who brings a firearm or weapon to a school served 
by such agency.
    ``(b) Definitions.--For the purpose of this section, the terms 
`firearm' and `school' have the meanings given the terms in section 
921(a) of title 18, United States Code.''.

SEC. 403. SCHOOL SAFETY AND VIOLENCE PREVENTION.

    Title IV (20 U.S.C. 7101 et seq.) is amended by adding at the end 
the following:

            ``PART C--SCHOOL SAFETY AND VIOLENCE PREVENTION

``SEC. 4301. SCHOOL SAFETY AND VIOLENCE PREVENTION.

    ``Notwithstanding any other provision of this title and title VI, 
funds made available under such titles may be used for--
            ``(1) training, including in-service training, for school 
        personnel (including custodians and bus drivers), with respect 
        to--
                    ``(A) identification of potential threats, such as 
                illegal weapons and explosive devices;
                    ``(B) crisis preparedness and intervention 
                procedures; and
                    ``(C) emergency response;
            ``(2) training for parents, teachers, school personnel and 
        other interested members of the community regarding the 
        identification and responses to early warning signs of troubled 
        and violent youth;
            ``(3) innovative research-based delinquency and violence 
        prevention programs, including--
                    ``(A) school anti-violence programs; and
                    ``(B) mentoring programs;
            ``(4) comprehensive school security assessments;
            ``(5) purchase of school security equipment and 
        technologies, such as--
                    ``(A) metal detectors;
                    ``(B) electronic locks; and
                    ``(C) surveillance cameras;
            ``(6) collaborative efforts with community-based 
        organizations, including faith-based organizations, statewide 
        consortia, and law enforcement agencies, that have demonstrated 
        expertise in providing effective, research-based violence 
        prevention and intervention programs to school aged children;
            ``(7) providing assistance to States, local educational 
        agencies, or schools to establish school uniform policies;
            ``(8) school resource officers, including community 
        policing officers; and
            ``(9) other innovative, local responses that are consistent 
        with reducing incidents of school violence and improving the 
        educational atmosphere of the classroom.

``SEC. 4302. SCHOOL UNIFORMS.

    ``(a) Construction.--Nothing in this Act shall be construed to 
prohibit any State, local educational agency, or school from 
establishing a school uniform policy.
    ``(b) Funding.--Notwithstanding any other provision of law, funds 
provided under this titles and title VI may be used for establishing a 
school uniform policy.

``SEC. 4303. TRANSFER OF SCHOOL DISCIPLINARY RECORDS.

    ``(a) Nonapplication of Provisions.--The provisions of this section 
shall not apply to any suspension or expulsion disciplinary records 
transferred from a private, parochial, or other nonpublic school, 
person, institution, or other entity, that provides education below the 
college level.
    ``(b) Disciplinary Records.--Not later than 2 years after the date 
of enactment of this part, each State receiving Federal funds under 
this Act shall provide an assurance to the Secretary that the State has 
a procedure in place to facilitate the transfer of suspension and 
expulsion disciplinary records by local educational agencies to any 
private or public elementary school or secondary school for any student 
who is enrolled or seeks, intends, or is instructed to enroll, full-
time or part-time, in the school.

``SEC. 4304. DISCLAIMER ON MATERIALS PRODUCED, PROCURED OR DISTRIBUTED 
              FROM FUNDING AUTHORIZED BY THIS ACT.

    ``(a) Requirements.--All materials produced, procured, or 
distributed, in whole or in part, as a result of Federal funding 
authorized under this Act for expenditure by Federal, State or local 
governmental recipients or other non-governmental entities shall have 
printed thereon--
            ``(1) the following statement: `This material has been 
        printed, procured or distributed, in whole or in part, at the 
        expense of the Federal Government. Any person who objects to 
        the accuracy of the material, to the completeness of the 
        material, or to the representations made within the material, 
        including objections related to this material's 
        characterization of religious beliefs, are encouraged to direct 
        their comments to the office of the United States Secretary of 
        Education.'; and
            ``(2) the complete address of an office designated by the 
        Secretary to receive comments from members of the public.
    ``(b) Designation of Office.--The office designated by the 
Secretary under subsection (a)(2) to receive comments shall, every 6 
months, prepare an accurate summary of all comments received by the 
office. Such summary shall include details about the number of comments 
received and the specific nature of the concerns raised within the 
comments, and shall be submitted to the Committee on Health, Education, 
Labor, and Pensions of the Senate and the Committee on Education and 
the Workforce of the House of Representatives, the Majority and 
Minority Leaders of the Senate, and the Speaker of the House of 
Representatives and the Minority Leader of the House of 
Representatives. Such comments shall be retained by the office and 
shall be made available to any member of the general public upon 
request.''.

SEC. 404. BACKGROUND CHECKS.

    Section 5(9) of the National Child Protection Act of 1993 (42 
U.S.C. 5119c(9)) is amended--
            (1) in subparagraph (A)(i), by inserting ``(including an 
        individual who is employed by a school in any capacity, 
        including as a child care provider, a teacher, or another 
        member of school personnel)'' before the semicolon; and
            (2) in subparagraph (B)(i), by inserting ``(including an 
        individual who seeks to be employed by a school in any 
        capacity, including as a child care provider, a teacher, or 
        another member of school personnel)'' before the semicolon.

SEC. 405. CONSTITUTIONALITY OF MEMORIAL SERVICES AND MEMORIALS AT 
              PUBLIC SCHOOLS.

    (a) Findings.--The Congress of the United States finds that the 
saying of a prayer, the reading of a scripture, or the performance of 
religious music as part of a memorial service that is held on the 
campus of a public school in order to honor the memory of any person 
slain on that campus does not violate the First Amendment to the 
Constitution of the United States, and that the design and construction 
of any memorial that is placed on the campus of a public school in 
order to honor the memory of any person slain on that campus a part of 
which includes religious symbols, motifs, or sayings does not violate 
the First Amendment to the Constitution of the United States.
    (b) Lawsuits.--In any lawsuit claiming that the type of memorial or 
memorial service described in subsection (a) violates the Constitution 
of the United States--
            (1) each party shall pay its own attorney's fees and costs, 
        notwithstanding any other provision of law, and
            (2) the Attorney General of the United States is authorized 
        to provide legal assistance to the school district or other 
        governmental entity that is defending the legality of such 
        memorial service.

SEC. 406. ENVIRONMENTAL TOBACCO SMOKE.

    Title IV (20 U.S.C. 7101 et seq.) is amended by adding at the end 
the following:

                 ``PART D--ENVIRONMENTAL TOBACCO SMOKE

``SEC. 4401. SHORT TITLE.

    ``This part may be cited as the `Pro-Children Act of 2000'.

``SEC. 4402. DEFINITIONS.

    ``As used in this part:
            ``(1) Children.--The term `children' means individuals who 
        have not attained the age of 18.
            ``(2) Children's services.--The term `children's services' 
        means the provision on a routine or regular basis of health, 
        day care, education, or library services--
                    ``(A) that are funded, after the date of the 
                enactment of the Educational Opportunities Act, 
                directly by the Federal Government or through State or 
                local governments, by Federal grant, loan, loan 
                guarantee, or contract programs--
                            ``(i) administered by either the Secretary 
                        of Health and Human Services or the Secretary 
                        of Education (other than services provided and 
                        funded solely under titles XVIII and XIX of the 
                        Social Security Act); or
                            ``(ii) administered by the Secretary of 
                        Agriculture in the case of a clinic (as defined 
                        in part 246.2 of title 7, Code of Federal 
                        Regulations (or any corresponding similar 
                        regulation or ruling)) under section 17(b)(6) 
                        of the Child Nutrition Act of 1966; or
                    ``(B) that are provided in indoor facilities that 
                are constructed, operated, or maintained with such 
                Federal funds, as determined by the appropriate head of 
                a Federal agency in any enforcement action carried out 
                under this part,
        except that nothing in clause (ii) of subparagraph (A) is 
        intended to include facilities (other than clinics) where 
        coupons are redeemed under the Child Nutrition Act of 1966.
            ``(3) Indoor facility.--The term `indoor facility' means a 
        building that is enclosed.
            ``(4) Person.--The term `person' means any State or local 
        subdivision of a State, agency of such State or subdivision, 
        corporation, or partnership that owns or operates or otherwise 
        controls and provides children's services or any individual who 
        owns or operates or otherwise controls and provides such 
        services.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.

``SEC. 4403. NONSMOKING POLICY FOR CHILDREN'S SERVICES.

    ``(a) Prohibition.--After the date of the enactment of the 
Educational Opportunities Act, no person shall permit smoking within 
any indoor facility owned or leased or contracted for, and utilized, by 
such person for provision of routine or regular kindergarten, 
elementary, or secondary education or library services to children.
    ``(b) Additional Prohibition.--
            ``(1) In general.--After the date of the enactment of the 
        Educational Opportunities Act, no person shall permit smoking 
        within any indoor facility (or portion of such a facility) 
        owned or leased or contracted for, and utilized by, such person 
        for the provision of regular or routine health care or day care 
        or early childhood development (Head Start) services.
            ``(2) Exception.--Paragraph (1) shall not apply to--
                    ``(A) any portion of such facility that is used for 
                inpatient hospital treatment of individuals dependent 
                on, or addicted to, drugs or alcohol; and
                    ``(B) any private residence.
    ``(c) Federal Agencies.--
            ``(1) Kindergarten, elementary, or secondary education or 
        library services.--After the date of the enactment of the 
        Educational Opportunities Act, no Federal agency shall permit 
        smoking within any indoor facility in the United States 
        operated by such agency, directly or by contract, to provide 
        routine or regular kindergarten, elementary, or secondary 
        education or library services to children.
            ``(2) Health or day care or early childhood development 
        services.--
                    ``(A) In general.--After the date of the enactment 
                of the Educational Opportunities Act, no Federal agency 
                shall permit smoking within any indoor facility (or 
                portion of such facility) operated by such agency, 
                directly or by contract, to provide routine or regular 
                health or day care or early childhood development (Head 
                Start) services to children.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to--
                            ``(i) any portion of such facility that is 
                        used for inpatient hospital treatment of 
                        individuals dependent on, or addicted to, drugs 
                        or alcohol; and
                            ``(ii) any private residence.
            ``(3) Application of provisions.--The provisions of 
        paragraph (2) shall also apply to the provision of such routine 
        or regular kindergarten, elementary or secondary education or 
        library services in the facilities described in paragraph (2) 
        not subject to paragraph (1).
    ``(d) Notice.--The prohibitions in subsections (a) through (c) 
shall be published in a notice in the Federal Register by the Secretary 
(in consultation with the heads of other affected agencies) and by such 
agency heads in funding arrangements involving the provision of 
children's services administered by such heads. Such prohibitions shall 
be effective 90 days after such notice is published, or 270 days after 
the date of the enactment of the Educational Opportunities Act, 
whichever occurs first.
    ``(e) Civil Penalties.--
            ``(1) In general.--Any failure to comply with a prohibition 
        in this section shall be considered to be a violation of this 
        section and any person subject to such prohibition who commits 
        such violation may be liable to the United States for a civil 
        penalty in an amount not to exceed $1,000 for each violation, 
        or may be subject to an administrative compliance order, or 
        both, as determined by the Secretary. Each day a violation 
        continues shall constitute a separate violation. In the case of 
        any civil penalty assessed under this section, the total amount 
        shall not exceed the amount of Federal funds received by such 
        person for the fiscal year in which the continuing violation 
        occurred. For the purpose of the prohibition in subsection (c), 
        the term `person', as used in this paragraph, shall mean the 
        head of the applicable Federal agency or the contractor of such 
        agency providing the services to children.
            ``(2) Administrative proceeding.--A civil penalty may be 
        assessed in a written notice, or an administrative compliance 
        order may be issued under paragraph (1), by the Secretary only 
        after an opportunity for a hearing in accordance with section 
        554 of title 5, United States Code. Before making such 
        assessment or issuing such order, or both, the Secretary shall 
        give written notice of the assessment or order to such person 
        by certified mail with return receipt and provide information 
        in the notice of an opportunity to request in writing, not 
        later than 30 days after the date of receipt of such notice, 
        such hearing. The notice shall reasonably describe the 
        violation and be accompanied with the procedures for such 
        hearing and a simple form that may be used to request such 
        hearing if such person desires to use such form. If a hearing 
        is requested, the Secretary shall establish by such certified 
        notice the time and place for such hearing, which shall be 
        located, to the greatest extent possible, at a location 
        convenient to such person. The Secretary (or the Secretary's 
        designee) and such person may consult to arrange a suitable 
        date and location where appropriate.
            ``(3) Circumstances affecting penalty or order.--In 
        determining the amount of the civil penalty or the nature of 
        the administrative compliance order, the Secretary shall take 
        into account, as appropriate--
                    ``(A) the nature, circumstances, extent, and 
                gravity of the violation;
                    ``(B) with respect to the violator, any good faith 
                efforts to comply, the importance of achieving early 
                and permanent compliance, the ability to pay or comply, 
                the effect of the penalty or order on the ability to 
                continue operation, any prior history of the same kind 
                of violation, the degree of culpability, and any 
                demonstration of willingness to comply with the 
                prohibitions of this section in a timely manner; and
                    ``(C) such other matters as justice may require.
            ``(4) Modification.--The Secretary may, as appropriate, 
        compromise, modify, or remit, with or without conditions, any 
        civil penalty or administrative compliance order. In the case 
        of a civil penalty, the amount, as finally determined by the 
        Secretary or agreed upon in compromise, may be deducted from 
        any sums that the United States or the agencies or 
        instrumentalities of the United States owe to the person 
        against whom the penalty is assessed.
            ``(5) Petition for review.--Any person aggrieved by a 
        penalty assessed or an order issued, or both, by the Secretary 
        under this section may file a petition for judicial review of 
        the order with the United States Court of Appeals for the 
        District of Columbia Circuit or for any other circuit in which 
        the person resides or transacts business. Such person shall 
        provide a copy of the petition to the Secretary or the 
        Secretary's designee. The petition shall be filed within 30 
        days after the Secretary's assessment or order, or both, are 
        final and have been provided to such person by certified mail. 
        The Secretary shall promptly provide to the court a certified 
        copy of the transcript of any hearing held under this section 
        and a copy of the notice or order.
            ``(6) Failure to comply.--If a person fails to pay an 
        assessment of a civil penalty or comply with an order, after 
        the assessment or order, or both, are final under this section, 
        or after a court has entered a final judgment under paragraph 
        (5) in favor of the Secretary, the Attorney General, at the 
        request of the Secretary, shall recover the amount of the civil 
        penalty (plus interest at prevailing rates from the day the 
        assessment or order, or both, are final) or enforce the order 
        in an action brought in the appropriate district court of the 
        United States. In such action, the validity and appropriateness 
        of the penalty or order or the amount of the penalty shall not 
        be subject to review.

``SEC. 4404. PREEMPTION.

    ``Nothing in this part is intended to preempt any provision of law 
of a State or political subdivision of a State that is more restrictive 
than a provision of this part.''.

              TITLE V--EDUCATIONAL OPPORTUNITY INITIATIVES

SEC. 501. EDUCATIONAL OPPORTUNITY INITIATIVES.

    The heading for title V (20 U.S.C. 7201 et seq.) is amended to read 
as follows:

           ``TITLE V--EDUCATIONAL OPPORTUNITY INITIATIVES''.

                      PART A--TECHNOLOGY EDUCATION

SEC. 511. TECHNOLOGY EDUCATION.

    Part A of title V (20 U.S.C. 7201 et seq.) is amended to read as 
follows:

                     ``PART A--TECHNOLOGY EDUCATION

``SEC. 5111. STATEMENT OF PURPOSE.

    ``To help all students develop technical and higher-order thinking 
skills and to achieve challenging State academic content and 
performance standards, as well as America's Education Goals, it is the 
purpose of this part to--
            ``(1) help provide all classrooms with access to 
        educational technology through support for the acquisition of 
        advanced multimedia computers, Internet connections, and other 
        technologies;
            ``(2) help ensure access to, and the effective use of, 
        educational technology in all classrooms through the provision 
        of sustained and intensive, high quality professional 
        development that improves the ability of teachers and 
        principals to integrate educational technology effectively into 
        the classroom by actively engaging students, teachers, 
        paraprofessionals, media specialists, principals and 
        superintendents in the use of technology;
            ``(3) help improve the capability of teachers and other 
        appropriate school personnel to design and construct new 
        learning experiences using technology, and actively engage 
        students in the design and construction;
            ``(4) support efforts by State Educational Agencies and 
        local educational agencies to create learning environments 
        designed to prepare students to achieve challenging State 
        academic content and performance standard through the use of 
        research based teaching practices and advanced technologies;
            ``(5) support the provision of technical assistance to 
        State educational agencies, local educational agencies, and 
        communities to help such agencies and communities use 
        technology-based resources and information systems to support 
        school reform and meet the needs of students, teachers and 
        other school personnel;
            ``(6) support partnerships among business and industry and 
        the education community to realize more rapidly the potential 
        of digital communication to expand the scope of, and 
        opportunities for learning;
            ``(7) support evaluation and research on the effective use 
        of technology in preparing all students to achieve challenging 
        State academic content and performance standards, and the 
        impact of technology on teaching and learning;
            ``(8) encourage collaborative relationships among the State 
        agency for higher education, the State library administrative 
        agency, the State telecommunications agency, and the State 
        educational agency, in the area of technology support to 
        strengthen the system of education to ensure that technology is 
        accessible to, and usable by, all students;
            ``(9) assist every student in crossing the digital divide 
        by ensuring that every child is computer literate by the time 
        the child finishes 8th grade, regardless of the child's race, 
        ethnicity, gender, income, geography, or disability; and
            ``(10) support the development and use of education 
        technology to enhance and facilitate meaningful parental 
        involvement to improve student learning.

``SEC. 5112. DEFINITIONS.

    ``In this title:
            ``(1) Adult education.--The term `adult education' has the 
        same meaning given such term by section 203 of the Adult 
        Education and Family Literacy Act.
            ``(2) All students.--The term `all students' means students 
        from a broad range of backgrounds and circumstances, including 
        disadvantaged students, students with diverse racial, ethnic, 
        and cultural backgrounds, students with disabilities, students 
        with limited English proficiency, students who have dropped out 
        of school, and academically talented students.
            ``(3) Information infrastructure.--The term `information 
        infrastructure' means a network of communication systems 
        designed to exchange information among all citizens and 
        residents of the United States.
            ``(4) Instructional programming.--The term `instructional 
        programming' means the full range of audio and video data, 
        text, graphics, or additional state-of-the-art communications, 
        including multimedia based resources distributed through 
        interactive, command and control, or passive methods for the 
        purpose of education and instruction.
            ``(5) Interoperable and interoperability.--The terms 
        `interoperable' and `interoperability' mean the ability to 
        exchange easily data with, and connect to, other hardware and 
        software in order to provide the greatest accessibility for all 
        students and other users.
            ``(6) Office.--The term `Office' means the Office of 
        Educational Technology.
            ``(7) Public telecommunications entity.--The term `public 
        telecommunications entity' has the same meaning given to such 
        term by section 397(12) of the Communications Act of 1934.
            ``(8) Regional educational laboratory.--The term `regional 
        educational laboratory' means a regional educational laboratory 
        supported under section 941(h) of the Educational, Research, 
        Development, Dissemination, and Improvement Act of 1994.
            ``(9) State educational agency.--The term `State 
        educational agency' includes the Bureau of Indian Affairs for 
        purposes of serving schools funded by the Bureau of Indian 
        Affairs in accordance with this part.
            ``(10) State library administrative agency.--The term 
        `State library administrative agency' has the same meaning 
        given to such term in section 3 of the Library Services and 
        Technology Act.
            ``(11) Technology.--The term `technology' means state-of-
        the-art technology products and services, such as closed 
        circuit television systems, educational television and radio 
        programs and services, cable television, satellite, copper and 
        fiber optic transmission, computer hardware and software, video 
        and audio laser and CD-ROM discs, video and audio tapes, web-
        based learning resources including online classes, interactive 
        tutorials, and interactive tools and virtual environments for 
        problem solving, hand-held devices, wireless technologies, 
        voice recognition systems, and high quality digital video, 
        distance learning networks, visualization, modeling and 
        simulation software and learning focused digital libraries and 
        information retrieval systems.

``SEC. 5113. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated $815,000,000 for fiscal year 2001 and such sums as may be 
necessary for each of the 4 succeeding fiscal years to carry out 
subparts 1, 2, and 3, of which--
            ``(1) with respect to subparts 1 and 3--
                    ``(A) $5,000,000 shall be available to carry out 
                subpart 1 (National Programs for Technology in 
                Education) for fiscal year 2001;
                    ``(B) $10,000,000 shall be available to carry out 
                subpart 3 (Regional Technical Support and Professional 
                Development) for fiscal year 2001; and
                    ``(C) for each of fiscal years 2002 through 2005, 
                not to exceed 2.5 percent of the total amount 
                appropriated under this subsection for each such fiscal 
                year shall be available to carry out such subparts; and
            ``(2) of any funds remaining for a fiscal year after 
        amounts are made available under paragraph (1)--
                    ``(A) except as provided in subsection (b), 70 
                percent of such funds shall be available for carrying 
                out section 5132; and
                    ``(B) 30 percent of such funds shall be available 
                for carrying out national activities including section 
                5136.
    ``(b) Special Rule.--The amount made available under subsection 
(a)(2)(A) for a fiscal year shall in no case be less than the amount 
made available to carry out section 5132 in fiscal year 2000.

``SEC. 5114. LIMITATION ON COSTS.

    ``Not more than 5 percent of the funds under this part that are 
made available to a recipient of funds under this part for any fiscal 
year may be used by such recipient for administrative costs or 
technical assistance.

       ``Subpart 1--National Programs for Technology in Education

``SEC. 5121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.

    ``(a) In General.--The Secretary shall update, publish, and broadly 
disseminate not later than 12 months after the date of the enactment of 
this title, and update when the Secretary determines appropriate, the 
national long-range plan that supports the overall national technology 
policy and carries out the purposes of this part.
    ``(b) Plan Requirements.--The Secretary shall--
            ``(1) update the national long-range plan in consultation 
        with other Federal departments or agencies, State and local 
        education practitioners and policymakers including teachers, 
        principals and superintendents, experts in technology and the 
        applications of technology to education, representatives of 
        distance learning consortia, representatives of 
        telecommunications partnerships receiving assistance under the 
        Star Schools Act, and providers of technology services and 
        products;
            ``(2) transmit such plan to the President and to the 
        appropriate committees of the Congress; and
            ``(3) publish such plan in a form that is readily 
        accessible to the public.
    ``(c) Contents of the Plan.--The updated national long-range plan 
shall describe the Secretary's activities to promote the purposes of 
this title, including--
            ``(1) how the Secretary will encourage the effective use of 
        technology to provide all students the opportunity to achieve 
        challenging State content standards and State student 
        performance standards, especially through programs administered 
        by the Department;
            ``(2) joint activities in support of the overall national 
        technology policy with other Federal departments or agencies, 
        such as the Office of Science and Technology Policy, the 
        National Endowment for the Humanities, the National Endowment 
        for the Arts, the National Institute for Literacy, the National 
        Aeronautics and Space Administration, the National Science 
        Foundation, the Bureau of Indian Affairs, and the Departments 
        of Commerce, Energy, Health and Human Services, and Labor--
                    ``(A) to promote the use of technology in 
                education, training, and lifelong learning, including 
                plans for the educational uses of a national 
                information infrastructure; and
                    ``(B) to ensure that the policies and programs of 
                such departments or agencies facilitate the use of 
                technology for educational purposes, to the extent 
                feasible;
            ``(3) how the Secretary will work with educators, State and 
        local educational agencies, and appropriate representatives of 
        the private sector to facilitate the effective use of 
        technology in education;
            ``(4) how the Secretary will promote--
                    ``(A) higher achievement of all students through 
                the integration of technology into the curriculum;
                    ``(B) increased access to the benefits of 
                technology for teaching and learning for schools with a 
                high number or percentage of children from low-income 
                families;
                    ``(C) the use of technology to assist in the 
                implementation of State systemic reform strategies;
                    ``(D) the application of technological advances to 
                use in education;
                    ``(E) increased access to high quality adult and 
                family education services through the use of technology 
                for instruction and professional development;
                    ``(F) increased opportunities for the professional 
                development of teachers and other school leaders in the 
                use of new technologies;
                    ``(G) increasing the use of educational technology 
                to provide professional development opportunities for 
                teachers and school leaders; and
                    ``(H) increased parental involvement in schools 
                through the use of technology;
            ``(5) how the Secretary will determine, in consultation 
        with appropriate individuals, organizations, industries, and 
        agencies, the feasibility and desirability of establishing 
        guidelines to facilitate an easy exchange of data and effective 
        use of technology in education;
            ``(6) how the Secretary will promote the exchange of 
        information among States, local educational agencies, schools, 
        consortia, and other entities concerning the effective use of 
        technology in education;
            ``(7) how the Secretary will promote the full integration 
        of technology into learning, including the creation of new 
        instructional opportunities through access to challenging 
        courses and information that would otherwise not have been 
        available, and independent learning opportunities for students 
        through technology;
            ``(8) how the Secretary will encourage the creation of 
        opportunities for teachers to develop through the use of 
        technology, their own networks and resources for sustained and 
        intensive, high quality professional development;
            ``(9) how the Secretary will utilize the outcomes of the 
        evaluation undertaken pursuant to section 5123 to promote the 
        purposes of this part; and
            ``(10) the Secretary's long-range measurable goals and 
        objectives relating to the purposes of this part.

``SEC. 5122. FEDERAL LEADERSHIP.

    ``(a) Program Authorized.--In order to provide Federal leadership 
in promoting the use of technology in education, the Secretary, in 
consultation with the National Science Foundation, the Department of 
Commerce, the White House Office of Science and Technology, and other 
appropriate Federal agencies, may carry out activities designed to 
achieve the purposes of this part directly or by awarding grants or 
contracts competitively and pursuant to a peer review process to, or 
entering into contracts with, State educational agencies, local 
educational agencies, institutions of higher education, or other public 
and private nonprofit or for-profit agencies and organizations.
    ``(b) Assistance.--
            ``(1) In general.--The Secretary shall provide assistance 
        to the States to enable such States to plan effectively for the 
        use of technology in all schools throughout the State.
            ``(2) Other federal agencies.--For the purpose of carrying 
        out coordinated or joint activities consistent with the 
        purposes of this part, the Secretary may accept funds from, and 
        transfer funds to, other Federal agencies.
    ``(c) Uses of Funds.--The Secretary shall use funds made available 
to carry out this section for activities designed to carry out the 
purpose of this part, to include 1 or more of the following 
activities--
            ``(1) providing assistance to technical assistance 
        providers to enable such providers to improve substantially the 
        services such providers offer to educators, including 
        principals and superintendents, regarding the uses of 
        technology for education, including professional development;
            ``(2) providing development grants to technical assistance 
        providers, to enable such providers to improve substantially 
        the services such providers offer to educators, including 
        principals and superintendents, on the educational uses of 
        technology, including professional development;
            ``(3) consulting with representatives of industry, 
        elementary and secondary education, higher education, adult and 
        family education, and appropriate experts in technology and 
        educational applications of technology in carrying out 
        activities under this subpart;
            ``(4) research on, and the development of, applications for 
        education of the most advanced and newly emerging technologies, 
        including high quality video, voice recognition devices, 
        modeling and simulation software (particularly web-based 
        software and intelligent tutoring), hand held devices, and 
        wireless technologies, which research shall be coordinated, 
        when appropriate, with the Office of Educational Research and 
        Improvement, and other Federal agencies;
            ``(5) the development, demonstration, and evaluation of the 
        educational aspects of high performance computing and 
        communications technologies and of the national information 
        infrastructure, in providing professional development for 
        teachers, school librarians, school media specialists, other 
        educators, and other appropriate school personnel; enriching 
        academic curricula for elementary and secondary schools; 
        facilitating communications among schools, local educational 
        agencies, libraries, parents, and local communities and in 
        other such areas as the Secretary deems appropriate;
            ``(6) the development, demonstration, and evaluation of 
        applications of technology and innovative tools in preschool 
        education, elementary and secondary education, training and 
        lifelong learning, and professional development of educational 
        personnel;
            ``(7) increasing and improving opportunities for 
        professional development for teachers, principals, 
        superintendents and pupil service personnel through technology;
            ``(8) the evaluation of software and other products, 
        including multimedia television programming, that incorporate 
        advances in technology and help achieve America's Education 
        Goals, State content standards and State student performance 
        standards;
            ``(9) the development, demonstration, and evaluation of 
        model strategies for preparing teachers and other personnel to 
        use technology effectively to improve teaching and learning;
            ``(10) the development of model programs that demonstrate 
        the educational effectiveness of technology in urban and rural 
        areas and economically distressed communities;
            ``(11) research on, and the evaluation of, the 
        effectiveness and benefits of technology in education by making 
        available such research and the results of such evaluation in a 
        national repository as providing for its use for sustained and 
        intensive high quality professional development;
            ``(12) a biennial assessment of, and report to the public 
        regarding, the availability of uses of technology in elementary 
        and secondary education throughout the United States upon which 
        private businesses and Federal, State, tribal, and local 
        governments may rely for decisionmaking about the need for, and 
        provision of, appropriate technologies in schools, which 
        assessment and report shall use, to the extent possible, 
        existing information and resources;
            ``(13) conferences on, and dissemination of information 
        regarding, the uses of technology in education;
            ``(14) the development of model strategies to promote 
        gender equity concerning access to, and the use of, technology 
        in the classroom;
            ``(15) encouraging collaboration between the Department and 
        other Federal agencies in the development, implementation, 
        evaluation and funding of applications of technology for 
        education, as appropriate;
            ``(16) the development of model programs, mentoring, or 
        other programs that may include partnerships with a business, 
        an industry, or an institution of higher education, that 
        encourages students, including young women, to pursue demanding 
        careers and higher education degrees in mathematics, science, 
        engineering and technology;
            ``(17) the conduct of long-term controlled studies on the 
        effectiveness of the use of educational technology and the 
        conduct of evaluations and applied reach studies that examine 
        how students learn using technology and the characteristics of 
        classrooms and other educational settings that use education 
        technology effectively;
            ``(18) the development, demonstration, and evaluation of 
        model technology programs designed to improve parental 
        involvement; and
            ``(19) such other activities as the Secretary determines 
        will meet the purposes of this subpart.
    ``(d) Non-Federal Share.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Secretary may require any recipient of a grant or contract 
        under this section to share in the cost of the activities 
        assisted under such grant or contract, which non-Federal share 
        shall be announced through a notice in the Federal Register and 
        may be in the form of cash or in-kind contributions, fairly 
        valued.
            ``(2) Increase.--The Secretary may increase the non-Federal 
        share that is required of a recipient of a grant or contract 
        under this section after the first year such recipient receives 
        funds under such grant or contract.
            ``(3) Maximum.--The non-Federal share required under this 
        section shall not exceed 50 percent of the cost of the 
        activities assisted pursuant to a grant or contract under this 
        section.

 ``Subpart 2--State and Local Programs for School Technology Resources

``SEC. 5131. ALLOTMENT AND REALLOTMENT.

    ``(a) Allotment.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State educational agency shall be eligible to receive a 
        grant under this subpart for a fiscal year in an amount which 
        bears the same relationship to the amount made available under 
        section 5113(a)(3)(A) for such year as the amount such State 
        received under part A of title I for such year bears to the 
        amount received for such year under such part by all States.
            ``(2) Minimum.--No State educational agency shall be 
        eligible to receive a grant under paragraph (1) in any fiscal 
        year in an amount which is less than one-half of 1 percent of 
        the amount made available under section 5113(a)(3)(A) for such 
        year.
            ``(3) Outlying areas.--The Secretary shall reserve an 
        amount equal to one-half of 1 percent of the amount made 
        available to carry out section 5132 for each fiscal year to 
        provide grants to outlying areas in amounts that are based on 
        the relative needs of such areas as determined by the Secretary 
        in accordance with the purposes of section 5132.
    ``(b) Reallotment of Unused Funds.--
            ``(1) In general.--The amount of any State educational 
        agency's allotment under subsection (a) for any fiscal year 
        which the State educational agency determines will not be 
        required for such fiscal year to carry out this subpart shall 
        be available for reallotment from time to time, on such dates 
        during such year as the Secretary may determine, to other State 
        educational agencies in proportion to the original allotments 
        to such State educational agencies under subsection (a) for 
        such year.
            ``(2) Other reallotments.--The total of reductions under 
        paragraph (1) shall be similarly reallotted among the State 
        educational agencies whose proportionate amounts were not so 
        reduced. Any amounts reallotted to a State educational agency 
        under this subsection during a year shall be deemed a subpart 
        of such agencies allotment under subsection (a) for such year.

``SEC. 5132. TECHNOLOGY LITERACY FUND.

    ``(a) Grants to States.--
            ``(1) In general.--From amounts made available under 
        section 5131, the Secretary, through the Office of Educational 
        Technology, shall award grants to State educational agencies 
        having applications approved under section 5133.
            ``(2) Use of grants.--
                    ``(A) In general.--Each State educational agency 
                receiving a grant under paragraph (1) shall use such 
                grant funds to award grants, on a competitive basis, to 
                local educational agencies to enable such local 
                educational agencies to carry out the activities 
                described in section 5134.
                    ``(B) Size, scope and duration.--In awarding grants 
                under subparagraph (A), each State educational agency 
                shall ensure that each such grant is of sufficient 
                duration, and of sufficient size, scope, and quality, 
                to carry out the purposes of this part effectively.
    ``(b) Technical Assistance.--Each State educational agency 
receiving a grant under paragraph (1) shall--
            ``(1) identify the local educational agencies served by the 
        State educational agency that--
                    ``(A) have the highest number or percentage of 
                children in poverty; and
                    ``(B) demonstrate to such State educational agency 
                the greatest need for technical assistance in 
                developing the application under section 5133; and
            ``(2) offer such technical assistance to such local 
        educational agencies.

``SEC. 5133. STATE APPLICATION.

    ``To receive funds under this subpart, each State educational 
agency shall submit a statewide educational technology plan which may 
include plans submitted under statewide technology plans which meet the 
requirements of this section. Such application shall be submitted to 
the Secretary at such time, in such manner, and accompanied by such 
information as the Secretary may reasonably require. Each such 
application shall contain a systemic statewide plan that--
            ``(1) outlines long-term strategies for financing 
        technology education in the State and describes how business, 
        industry, and other public and private agencies, including 
        libraries, library literacy programs, and institutions of 
        higher education, can participate in the implementation, 
        ongoing planning, and support of the plan;
            ``(2) meets such other criteria as the Secretary may 
        establish in order to enable such agency to provide assistance 
        to local educational agencies that have the highest numbers or 
        percentages of children in poverty and demonstrate the greatest 
        need for technology, in order to enable such local educational 
        agencies, for the benefit of school sites served by such local 
        educational agencies, to carry out activities such as--
                    ``(A) purchasing quality technology resources;
                    ``(B) installing various linkages necessary to 
                acquire connectivity;
                    ``(C) integrating technology into the curriculum in 
                order to improve student learning and achievement;
                    ``(D) providing teachers, library media personnel, 
                principals and superintendents with training or access 
                to training;
                    ``(E) providing administrative and technical 
                support and services that improve student learning 
                through enriched technology-enhanced resources, 
                including library media resources;
                    ``(F) promoting in individual schools the sharing, 
                distribution, and application of educational 
                technologies with demonstrated effectiveness;
                    ``(G) assisting schools in promoting parent 
                involvement;
                    ``(H) assisting the community in providing 
                literacy-related services;
                    ``(I) establishing partnerships with private or 
                public educational providers or other entities to serve 
                the needs of children in poverty; and
                    ``(J) providing assurances that financial 
                assistance provided under this part shall supplement, 
                not supplant, State and local funds;
            ``(3) the State educational agency's specific goals for 
        using advanced technologies to improve student achievement and 
        student performance to challenging State academic content and 
        performance standards by--
                    ``(A) using web-based resources and 
                telecommunications networks to provide challenging 
                content and improve classroom instruction;
                    ``(B) using research-based teaching practices and 
                models of effective uses of advanced technology to 
                promote basic skills in core academic areas and higher-
                order thinking skills in all students; and
                    ``(C) promoting sustained and intensive high-
                quality professional development that increases teacher 
                capacity to enable students to learn challenging State 
                content and performance standards and develop higher-
                order thinking skills through the integration of 
                technology into instruction; and
            ``(4) the State educational agency's strategy for 
        disseminating information.

``SEC. 5134. LOCAL USES OF FUNDS.

    ``Each local educational agency, to the extent possible, shall use 
the funds made available under section 5132(a)(2) for--
            ``(1) adapting or expanding existing and new applications 
        of technology to enable teachers to help students to achieve to 
        challenging State academic content and student performance 
        standards through the use of research-based teaching practices 
        and advanced technologies;
            ``(2) funding projects of sufficient size and scope to 
        improve student learning and, as appropriate, support 
        professional development, and provide administrative support;
            ``(3) acquiring connectivity linkages, resources, and 
        services, including the acquisition of hardware and software, 
        for use by teachers, students and school library media 
        personnel in the classroom or in school library media centers, 
        in order to improve student learning by supporting the 
        instructional program offered by such agency to ensure that 
        students in schools will have meaningful access on a regular 
        basis to such linkages, resources and services;
            ``(4) providing sustained and intensive, high-quality 
        professional development in the integration of advanced 
        technologies into curriculum and in using those technologies to 
        create new learning environments, including training in the use 
        of technology to access data and resources to develop curricula 
        and instructional materials that are aligned to the challenging 
        State academic content standards in core academic subjects;
            ``(5) acquiring connectivity with wide area networks for 
        purposes of accessing information and educational programming 
        sources, particularly with institutions of higher education and 
        public libraries;
            ``(6) providing educational services for adults and 
        families;
            ``(7) carrying out programs that prepare prospective 
        teachers to use advanced technology to foster learning 
        environments conducive to preparing all students to achieve 
        challenging State and local content and student performance 
        standards through the use of a variety of models including 
        school-based professional development;
            ``(8) supporting in-school and school-community 
        collaboration to make more effective and efficient use of 
        existing investments in technology;
            ``(9) utilizing technology to develop or expand efforts to 
        connect schools and teachers with parents to promote meaningful 
        parental involvement and foster increased communication about 
        curriculum, assignments and assessments;
            ``(10) providing support to help parents understand the 
        technology being applied in their children's education so that 
        parents will be able to reinforce their children's learning;
            ``(11) using web-based learning resources, including those 
        that provide access to challenging courses; and
            ``(12) providing education technology for advanced 
        placement instruction.

``SEC. 5135. LOCAL APPLICATIONS.

    ``Each local educational agency desiring assistance from a State 
educational agency under section 5132(a)(2) shall submit an 
application, consistent with the objectives of the systemic statewide 
plan, to the State educational agency at such time, in such manner and 
accompanied by such information as the State educational agency may 
reasonably require. Such application, at a minimum, shall--
            ``(1) include a strategic, long-range (3- to 5-year), plan 
        that includes--
                    ``(A) a description of the type of technologies to 
                be acquired, including specific provisions for 
                interoperability among components of such technologies 
                and, to the extent practicable, with existing 
                technologies;
                    ``(B) an explanation of how the acquired 
                technologies will be integrated into the curriculum to 
                help the local educational agency enhance teaching, 
                training, and student achievement;
                    ``(C) an explanation of how programs will be 
                developed in collaboration with existing adult literacy 
                services providers to maximize the use of such 
                technologies;
                    ``(D)(i) a description of how the local educational 
                agency will ensure ongoing, sustained professional 
                development for teachers, principals, superintendents, 
                appropriate school personnel, and school library media 
                personnel served by the local educational agency to 
                further the use of technology in the classroom or 
                library media center;
                    ``(ii) a list of the source or sources of ongoing 
                training and technical assistance available to schools, 
                teachers, principals, superintendents, other 
                appropriate school personnel and library media 
                personnel served by the local educational agency, such 
                as State technology offices, intermediate educational 
                support units, regional educational laboratories or 
                institutions of higher education; and
                    ``(iii) a description of how parents will be 
                informed of the use of technologies so that the parents 
                will be able to reinforce at home the instruction their 
                children receive at school;
                    ``(E) a description of the supporting resources, 
                such as services, software and print resources, which 
                will be acquired to ensure successful and effective use 
                of technologies acquired under this section;
                    ``(F) the projected timetable for implementing such 
                plan in schools;
                    ``(G) the projected cost of technologies to be 
                acquired and related expenses needed to implement such 
                plan; and
                    ``(H) a description of how the local educational 
                agency will coordinate the technology provided pursuant 
                to this subpart with other grant funds available for 
                technology from other Federal, State and local sources;
            ``(2) describe how the local educational agency will 
        involve parents, public libraries, business leaders and 
        community leaders in the development of such plan;
            ``(3) describe how the acquired instructionally based 
        technologies will help the local educational agency--
                    ``(A) promote equity in education in order to 
                support State content standards and State student 
                performance standards that may be developed;
                    ``(B) provide access for teachers, other 
                appropriate school personnel, parents and students to 
                the best teaching practices and curriculum resources 
                through technology; and
                    ``(C) improve parental involvement in schools;
            ``(4) describe a process for the ongoing evaluation of how 
        technologies acquired under this section--
                    ``(A) will be integrated into the school 
                curriculum; and
                    ``(B) will affect student achievement and progress 
                toward meeting America's Education Goals and any 
                challenging State content standards and State student 
                performance standards that may be developed;
            ``(5) describe how the consortia will develop or redesign 
        teacher preparation programs to enable prospective teachers to 
        use technology effectively in their classroom, if applicable to 
        the consortia; and
            ``(6) describe how the local educational agency will 
        effectively use technology to promote parental involvement and 
        increase communication with parents.
    ``(d) Formation of Consortia.--A local educational agency for any 
fiscal year may apply for financial assistance as part of a consortium 
with other local educational agencies, institutions of higher 
education, intermediate educational units, libraries, or other 
educational entities appropriate to provide local programs. The State 
educational agency may assist in the formation of consortia among local 
educational agencies, providers of educational services for adults and 
families, institutions of higher education, intermediate educational 
units, libraries, or other appropriate educational entities to provide 
services for the teachers and students in a local educational agency at 
the request of such local educational agency.
    ``(e) Coordination of Application Requirements.--If a local 
educational agency submitting an application for assistance under this 
section has developed a comprehensive education improvement plan, in 
conjunction with requirements under this Act, the State educational 
agency may approve such plan, or a component of such plan, 
notwithstanding the requirements of subsection (d) if the State 
educational agency determines that such approval would further the 
purposes of this subpart.

``SEC. 5136. NATIONAL TECHNOLOGY INNOVATION GRANTS.

    ``(a) Grants Authorized.--
            ``(1) In general.--From amounts made available under 
        section 5113(a)(3)(B) for any fiscal year the Secretary is 
        authorized to award grants, on a competitive basis, to 
        consortia having applications approved under subsection (d), 
        which consortia shall include at least 1 local educational 
        agency with a high percentage or number of children living 
        below the poverty line and may include other local educational 
        agencies, State educational agencies, institutions of higher 
        education, businesses, academic content experts, software 
        designers, museums, libraries, or other appropriate entities.
            ``(2) Duration.--Grants under this section shall be awarded 
        for a period of 5 years.
            ``(3) Continuation grants.--The Secretary may award 
        continuation grants under this section, where applicable, to 
        entities receiving grants under the Preparing Tomorrows 
        Teachers to Use Technology Program.
    ``(b) Use of Grants.--Grants awarded under subsection (a) shall be 
used for activities described in section 5134.
    ``(c) Priority.--In awarding grants under this section, the 
Secretary shall give priority to consortia which demonstrate in the 
application submitted under subsection (d) that--
            ``(1) the project for which assistance is sought is 
        designed to serve areas with a high number or percentage of 
        disadvantaged students or the greatest need for educational 
        technology;
            ``(2) the project will directly benefit students by, for 
        example, integrating the acquired technologies into curriculum 
        to help the local educational agency enhance teaching, 
        training, and student achievement;
            ``(3) the project will ensure ongoing, sustained 
        professional development for teachers, principals, 
        superintendents, other appropriate school personnel, and school 
        library media personnel served by the local educational agency 
        to further the use of technology in the classroom or library 
        media center including the preservice education of prospective 
        teachers in the use of educational technology if 1 of the 
        members of the consortia is an institution of higher education 
        that prepares teachers for their initial entry into teaching;
            ``(4) the project will ensure successful, effective, and 
        sustainable use of technologies acquired under this subsection;
            ``(5) members of the consortia or other appropriate 
        entities will contribute substantial financial and other 
        resources to achieve the goals of the project;
            ``(6) the project will enhance parental involvement by 
        providing parents the information needed to more fully 
        participate in their child's learning; and
            ``(7) the project will use education technology for 
        advanced placement instruction.
    ``(d) Application.--
            ``(1) In general.--Each consortium desiring a grant under 
        this section shall submit an application to the Secretary at 
        such time, in such manner, and accompanied by such information 
        as the Secretary may reasonably require.
            ``(2) Fiscal agents.--Any member of a consortium may serve 
        as the fiscal agent of the consortium for purposes of this 
        subpart, so long as the lead local educational agency agrees to 
        permit such member to serve as the fiscal agent.

``SEC. 5137. FEDERAL ADMINISTRATION.

    ``(a) Evaluation Procedures.--The Secretary shall develop 
procedures for State and local evaluations of the programs under this 
subpart.
    ``(b) Specific Evaluations.--The Secretary shall submit to the 
Congress by not later than 3 years after the date of enactment of this 
title an evaluation of State and local outcomes of the technology 
literacy challenge funds program and of the technology innovations 
challenge grant program.
    ``(c) Evaluation Summary.--The Secretary shall submit to the 
Congress by not later than 2 years after the date of enactment of this 
title a summary of the State evaluations of programs under this subpart 
in accordance with the provisions of section 10201.

  ``Subpart 3--Regional Technical Support and Professional Development

``SEC. 5141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL DEVELOPMENT.

    ``(a) Grants Authorized.--
            ``(1) Authority.--The Secretary, through the Office of 
        Educational Technology, shall make grants in accordance with 
        the provisions of this section, to regional entities such as 
        the Eisenhower Mathematics and Science Regional Consortia, the 
        regional education laboratories, the comprehensive regional 
        assistance centers, or such other regional entities as may be 
        designated or established by the Secretary. In awarding grants 
        under this section, the Secretary shall ensure that each 
        geographic region of the United States shall be served by such 
        a consortium.
            ``(2) Requirements.--Each consortium receiving a grant 
        under this section shall--
                    ``(A) be composed of State educational agencies, 
                institutions of higher education, nonprofit 
                organizations, or a combination thereof;
                    ``(B) in cooperation with State and local 
                educational agencies, develop a regional program that 
                addresses professional development, technical 
                assistance, and information resource dissemination, 
                with special emphasis on meeting the documented needs 
                of educators and learners in the region; and
                    ``(C) foster regional cooperation and resource and 
                coursework sharing.
    ``(b) Functions.--
            ``(1) Technical assistance.--Each consortium receiving a 
        grant under this section shall, to the extent practicable--
                    ``(A) collaborate with State educational agencies 
                and local educational agencies requesting 
                collaboration, particularly in the development of 
                strategies for assisting those schools with the highest 
                numbers or percentages of disadvantaged students with 
                little or no access to technology in the classroom;
                    ``(B) provide information, in coordination with 
                information available from the Secretary, to State 
                educational agencies, local educational agencies, 
                schools and adult education programs, on the types and 
                features of various educational technology equipment 
                and software available, evaluate and make 
                recommendations on equipment and software that support 
                America's Education Goals and are suited for a school's 
                particular needs, and compile and share information 
                regarding creative and effective applications of 
                technology in the classroom and school library media 
                centers in order to support the purposes of this part;
                    ``(C) collaborate with such State educational 
                agencies, local educational agencies, or schools 
                requesting to participate in the tailoring of software 
                programs and other supporting materials to meet 
                challenging State content standards or challenging 
                State student performance standards that may be 
                developed; and
                    ``(D) provide technical assistance to facilitate 
                use of the electronic dissemination networks by State 
                and local educational agencies and schools throughout 
                the region.
            ``(2) Professional development.--Each consortium receiving 
        a grant under this section shall, to the extent practicable--
                    ``(A) develop and implement, in collaboration with 
                State educational agencies and institutions of higher 
                education, technology-specific, ongoing professional 
                development, such as--
                            ``(i) intensive school year and summer 
                        workshops that use teachers, school librarians, 
                        and school library personnel to train other 
                        teachers, school librarians, and other school 
                        library media personnel; and
                            ``(ii) distance professional development, 
                        including--
                                    ``(I) interactive training tele-
                                courses using researchers, educators, 
                                and telecommunications personnel who 
                                have experience in developing, 
                                implementing, or operating educational 
                                and instructional technology as a 
                                learning tool;
                                    ``(II) onsite courses teaching 
                                teachers to use educational and 
                                instructional technology and to develop 
                                their own instructional materials for 
                                effectively incorporating technology 
                                and programming in their own 
                                classrooms;
                                    ``(III) methods for successful 
                                integration of instructional technology 
                                into the curriculum in order to improve 
                                student learning and achievement;
                                    ``(IV) video conferences and 
                                seminars which offer professional 
                                development through peer interaction 
                                with experts as well as other teachers 
                                using technologies in their classrooms; 
                                and
                                    ``(V) mobile education technology 
                                and training resources;
                    ``(B) develop training resources that--
                            ``(i) are relevant to the needs of the 
                        region and schools within the region;
                            ``(ii) are relevant to the needs of adult 
                        literacy staff and volunteers, including onsite 
                        courses on how to--
                                    ``(I) use instructional technology; 
                                and
                                    ``(II) develop instructional 
                                materials for adult learning; and
                            ``(iii) are aligned with the needs of 
                        teachers and administrators in the region;
                    ``(C) establish a repository of professional 
                development and technical assistance resources;
                    ``(D) identify and link technical assistance 
                providers to State and local educational agencies, as 
                needed;
                    ``(E) ensure that training, professional 
                development, and technical assistance meet the needs of 
                educators, parents, and students served by the region;
                    ``(F) assist colleges and universities within the 
                region to develop and implement preservice training 
                programs for students enrolled in teacher education 
                programs; and
                    ``(G) assist local educational agencies and schools 
                in working with community members and parents to 
                develop support from communities and parents for 
                educational technology programs and projects.
            ``(3) Information and resource dissemination.--Each 
        consortium receiving a grant under this section shall, to the 
        extent practicable--
                    ``(A) assist State and local educational agencies 
                in the identification and procurement of financial, 
                technological and human resources needed to implement 
                technology plans;
                    ``(B) provide outreach and, at the request of a 
                State or local educational agency, work with such 
                agency to assist in the development and validation of 
                instructionally based technology education resources; 
                and
                    ``(C) coordinate activities and establish 
                partnerships with organizations and institutions of 
                higher education that represent the interests of the 
                region as such interests pertain to the application of 
                technology in teaching, learning, instructional 
                management, dissemination, collection and distribution 
                of educational statistics, and the transfer of student 
                information.
            ``(4) Coordination.--Each consortium receiving a grant 
        under this section shall work collaboratively, and coordinate 
        the services the consortium provides, with appropriate regional 
        and other entities assisted in whole or in part by the 
        Department.
    ``(c) Reports on Current Grantees.--Not later than 3 months after 
the date of enactment of this title, entities receiving grants under 
section 3141 of this Act (as such section existed 1 day prior to the 
date of enactment of this title) shall prepare and submit to the 
Secretary a report concerning activities undertaken with amounts 
received under such grants.''.

            PART B--WOMEN'S EDUCATIONAL EQUITY; STAR SCHOOLS

SEC. 521. WOMEN'S EDUCATIONAL EQUITY.

    (a) Amendments.--Part B of title V (20 U.S.C. 7231 et seq.) is 
amended--
            (1) by amending section 5201 (20 U.S.C. 7231) to read as 
        follows:

``SEC. 5201. SHORT TITLE.

    ``This part may be cited as the `Women's Educational Equity Act of 
1999'.'';
            (2) in section 5202(3) (20 U.S.C. 7232(3))--
                    (A) strike ``sex,'' and insert ``sex and''; and
                    (B) by inserting ``socioeconomic status,'' after 
                ``disability,'';
            (3) in section 5203(b) (20 U.S.C. 7233(b))--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``years, to'' and inserting 
                        ``years'';
                            (ii) in subparagraph (A), by striking 
                        ``provide grants''; and
                            (iii) in subparagraph (B), by striking 
                        ``provide funds''; and
                    (B) in paragraph (2)(A)--
                            (i) in clause (v), by striking ``and on 
                        race'' and inserting ``and race'';
                            (ii) in clause (xiii)(I), by striking 
                        ``institution'' and inserting 
                        ``institutional'';
                            (iii) in clause (xiii)(II)--
                                    (I) by striking ``of equity'' and 
                                inserting ``of gender equity''; and
                                    (II) by striking ``education;'' and 
                                inserting ``education,''; and
                            (iv) in clause (xiii)(III), by striking the 
                        period and inserting ``for women and girls; 
                        and''; and
                    (C) in paragraph (2)(B)(viii), by striking ``and 
                unemployed'' and inserting ``women, unemployed'';
            (4) in section 5204 (20 U.S.C. 7234)--
                    (A) by striking the matter preceding paragraph (1) 
                and inserting the following:
    ``Each entity desiring assistance under this part shall submit to 
the Secretary an application at such time, in such manner, and 
accompanied by such information as the Secretary may require. Each 
application shall--'';
                    (B) in paragraph (2), by striking ``the National 
                Education Goals'' and inserting ``America's Education 
                Goals'';
                    (C) by striking paragraph (4); and
                    (D) by redesignating paragraphs (5) through (7) as 
                paragraphs (4) through (6), respectively;
            (5) in section 5205 (20 U.S.C. 7235)--
                    (A) in subsection (a)--
                            (i) by striking ``Criteria and 
                        Priorities.--'' and all that follows through 
                        ``The'' in paragraph (1) and inserting the 
                        following: ``Criteria and Priorities.--The''; 
                        and
                            (ii) in paragraph (2)--
                                    (I) by redesignating such paragraph 
                                as subsection (b), and realigning the 
                                margin accordingly; and
                                    (II) by redesignating subparagraphs 
                                (A) through (D) as paragraphs (1) 
                                through (4), respectively, and 
                                realigning the margins accordingly;
                    (B) by redesignating subsections (b) through (e) as 
                subsections (c) through (f), respectively;
                    (C) in subsection (c) (as so redesignated)--
                            (i) in the matter preceding paragraph (1), 
                        by striking ``special consideration'' and 
                        inserting ``priority''; and
                            (ii) by amending paragraph (3)(E) to read 
                        as follows:
                    ``(E) address the educational needs of women and 
                girls who suffer multiple forms of discrimination on 
                the basis of sex and on race, ethnic origin, limited 
                English proficiency, disability, socioeconomic status, 
                or age.''; and
                    (D) in subsection (e)(1) (as so redesignated), by 
                striking ``by the Office'' and inserting ``by such 
                Office'';
            (6) in section 5206 (20 U.S.C. 7236), by striking ``1999'' 
        and inserting ``2004'';
            (7) in section 5207 (20 U.S.C. 7237), by striking 
        subsection (a) and inserting the following:
    ``(a) Evaluation and Dissemination.--The Secretary shall--
            ``(1) evaluate in accordance with section 10201, materials 
        and programs developed under this part;
            ``(2) disseminate materials and programs developed under 
        this part; and
            ``(3) report to the Congress regarding such evaluation 
        materials and programs not later than January 1, 2004.''; and
            (8) in section 5208 (20 U.S.C. 7238)--
                    (A) by striking ``1995'' and inserting ``2001''; 
                and
                    (B) by striking ``, of which'' and all that follows 
                through ``section 5203(b)(1)''.
    (b) Transfer and Redesignation.--Part B of title V (20 U.S.C. 7201 
et seq.), as amended by subsection (a), is transferred so as to appear 
after part D of title V (as transferred by section 541(b)) and 
redesignated as part E.
    (c) Redesignation of Sections.--Sections 5201 through 5208 (20 
U.S.C. 7231-7238) are redesignated as section 5501 through 5508, 
respectively.
    (d) Conforming Amendments.--Part E of title V (as so redesignated) 
is amended--
            (1) in section 5504 (as so redesignated), by striking 
        ``5203(b)(1)'' each place that such appears and inserting 
        ``5503(b)(1)'';
            (2) in section 5505(a) (as so redesignated), by striking 
        ``5203(b)'' and inserting ``5503(b)''; and
            (3) in section 5508 (as so redesignated), by striking 
        ``5203(b)(1)'' and inserting ``5503(b)(1)''.

SEC. 522. STAR SCHOOLS.

    Title V (20 U.S.C. 7231 et seq.) is amended by inserting after part 
A (as amended by section 511) the following:

                     ``PART B--STAR SCHOOLS PROGRAM

``SEC. 5201. SHORT TITLE.

    ``This part may be cited as the `Star Schools Act'.

``SEC. 5202. PURPOSE.

    ``It is the purpose of this part to encourage improved instruction 
in mathematics, science, and foreign languages and challenging and 
advanced courses as well as other subjects, such as literacy skills and 
vocational education, and to serve underserved populations, including 
the disadvantaged, illiterate, limited-English proficient, and 
individuals with disabilities, through a star schools program under 
which grants are made to eligible telecommunication partnerships to 
enable such partnerships to--
            ``(1) develop, construct, acquire, maintain and operate 
        telecommunications facilities and equipment;
            ``(2) develop and acquire educational and instructional 
        programming; and
            ``(3) obtain technical assistance for the use of such 
        facilities and instructional programming.

``SEC. 5203. GRANTS AUTHORIZED.

    ``(a) Authority.--The Secretary, through the Office of Educational 
Technology, is authorized to make grants, in accordance with the 
provisions of this part, to eligible entities to pay the Federal share 
of the cost of--
            ``(1) the development, construction, acquisition, 
        maintenance and operation of telecommunications facilities and 
        equipment;
            ``(2) the development and acquisition of interactive 
        instructional programming;
            ``(3) the development and acquisition of preservice and 
        inservice teacher training programs based on established 
        research regarding teacher-to-teacher mentoring, effective 
        skill transfer, and ongoing, in-class instruction;
            ``(4) the establishment of web-based resources or 
        teleconferencing facilities and resources for making 
        interactive training available to teachers;
            ``(5) obtaining technical assistance; and
            ``(6) the coordination of the design and connectivity of 
        broadband and other telecommunications networks to reach the 
        greatest number of schools.
    ``(b) Duration.--
            ``(1) In general.--The Secretary shall award grants 
        pursuant to subsection (a) for a period of 5 years.
            ``(2) Renewal.--Grants awarded pursuant to subsection (a) 
        may be renewed for 1 additional 3-year period.
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $50,000,000 for fiscal year 2001, and such sums as may be 
        necessary for each of the four succeeding fiscal years, to 
        carry out this part.
            ``(2) Availability.--Funds appropriated pursuant to the 
        authority of subsection (a) shall remain available until 
        expended.
    ``(d) Limitations.--
            ``(1) In general.--A grant under this section shall not 
        exceed--
                    ``(A) five years in duration; and
                    ``(B) $10,000,000 in any 1 fiscal year.
            ``(2) Instructional programming.--Not less than 25 percent 
        of the funds available to the Secretary in any fiscal year 
        under this part shall be used for the cost of instructional 
        programming.
            ``(3) Special rule.--Not less than 50 percent of the funds 
        available in any fiscal year under this part shall be used for 
        the cost of facilities, equipment, teacher training or 
        retraining, technical assistance, or programming, for local 
        educational agencies which are eligible to receive assistance 
        under part A of title I.
    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of 
        projects funded under this section shall not exceed--
                    ``(A) 75 percent for the first and second years for 
                which an eligible telecommunications partnership 
                receives a grant under this part;
                    ``(B) 60 percent for the third and fourth such 
                years; and
                    ``(C) 50 percent for the fifth such year.
            ``(2) Reduction or waiver.--The Secretary may reduce or 
        waive the requirement of the non-Federal share under paragraph 
        (1) upon a showing of financial hardship.
    ``(f) Authority To Accept Funds From Other Agencies.--The Secretary 
is authorized to accept funds from other Federal departments or 
agencies to carry out the purposes of this section, including funds for 
the purchase of equipment.
    ``(g) Coordination.--The Department, the National Science 
Foundation, the Department of Agriculture, the Department of Commerce, 
and any other Federal department or agency operating a 
telecommunications network for educational purposes, shall coordinate 
the activities assisted under this part with the activities of such 
department or agency relating to a telecommunications network for 
educational purposes.
    ``(h) Closed Captioning and Descriptive Video.--Each entity 
receiving funds under this part is encouraged to provide--
            ``(1) closed captioning of the verbal content of such 
        program, where appropriate, to be broadcast by way of line 21 
        of the vertical blanking interval, or by way of comparable 
        successor technologies; and
            ``(2) descriptive video of the visual content of such 
        program, as appropriate.
    ``(i) Advanced Placement Instruction.--Each eligible entity 
receiving funds under this part is encouraged to deliver advanced 
placement instruction to underserved communities.

``SEC. 5204. ELIGIBLE ENTITIES.

    ``(a) Eligible Entities.--
            ``(1) Required participation.--The Secretary may make a 
        grant under section 5203 to any eligible entity, if at least 1 
        local educational agency is participating in the proposed 
        project.
            ``(2) Eligible entity.--For the purpose of this part, the 
        term `eligible entity' may include--
                    ``(A) a public agency or corporation established 
                for the purpose of developing and operating 
                telecommunications networks to enhance educational 
                opportunities provided by educational institutions, 
                teacher training centers, and other entities, except 
                that any such agency or corporation shall represent the 
                interests of elementary and secondary schools that are 
                eligible to participate in the program under part A of 
                title I; or
                    ``(B) a partnership that will provide 
                telecommunications services and which includes 3 or 
                more of the following entities, at least 1 of which 
                shall be an agency described in clause (i) or (ii):
                            ``(i) a local educational agency that 
                        serves a significant number of elementary and 
                        secondary schools that are eligible for 
                        assistance under part A of title I, or 
                        elementary and secondary schools operated or 
                        funded for Indian children by the Department of 
                        the Interior eligible under section 1121(b)(2);
                            ``(ii) a State educational agency;
                            ``(iii) adult and family education 
                        programs;
                            ``(iv) an institution of higher education 
                        or a State higher education agency;
                            ``(v) a teacher training center or academy 
                        that--
                                    ``(I) provides teacher pre-service 
                                and in-service training; and
                                    ``(II) receives Federal financial 
                                assistance or has been approved by a 
                                State agency;
                            ``(vi)(I) a public or private entity with 
                        experience and expertise in the planning and 
                        operation of a telecommunications network, 
                        including entities involved in 
                        telecommunications through the Internet, 
                        satellite, cable, telephone, or computer; or
                            ``(II) a public broadcasting entity with 
                        such experience; or
                            ``(vii) a public or private elementary or 
                        secondary school.
    ``(b) Special Rule.--An eligible entity receiving assistance under 
this part shall be organized on a statewide or multistate basis.

``SEC. 5205. APPLICATIONS.

    ``(a) Applications Required.--Each eligible entity which desires to 
receive a grant under section 5203 shall submit an application to the 
Secretary, at such time, in such manner, and containing or accompanied 
by such information as the Secretary may reasonably require.
    ``(b) Star School Award Applications.--Each application submitted 
pursuant to subsection (a) shall--
            ``(1) describe how the proposed project will assist in 
        achieving America's Education Goals, how such project will 
        assist all students to have an opportunity to learn to 
        challenging State and local standards, how such project will 
        assist State and local educational reform efforts, and how such 
        project will contribute to creating a high quality system of 
        lifelong learning;
            ``(2) describe the telecommunications facilities and 
        equipment and technical assistance for which assistance is 
        sought, which may include--
                    ``(A) the design, development, construction, 
                acquisition, maintenance and operation of State or 
                multistate educational telecommunications networks and 
                technology resource centers;
                    ``(B) microwave, fiber optics, cable, and satellite 
                transmission equipment or any combination thereof;
                    ``(C) reception facilities and equipment;
                    ``(D) satellite time and other transmissions;
                    ``(E) production facilities and equipment;
                    ``(F) other Internet education portals and 
                telecommunications equipment capable of serving a wide 
                geographic area;
                    ``(G) the provision of training services to 
                instructors who will be using the facilities and 
                equipment for which assistance is sought, including 
                training in using such facilities and equipment and 
                training in integrating programs into the classroom 
                curriculum; and
                    ``(H) the development of educational and related 
                programming for use on a telecommunications network;
            ``(3) in the case of an application for assistance for 
        instructional programming, describe the types of programming 
        which will be developed to enhance instruction and training and 
        provide assurances that such programming will be designed in 
        consultation with professionals (including classroom teachers) 
        who are experts in the applicable subject matter and grade 
        level;
            ``(4) describe how the eligible entity has engaged in 
        sufficient survey and analysis of the area to be served to 
        ensure that the services offered by the eligible entity will 
        increase the availability of courses of instruction in English, 
        mathematics, science, foreign languages, arts, history, 
        geography, or other disciplines;
            ``(5) describe the professional development policies for 
        teachers and other school personnel to be implemented to ensure 
        the effective use of the telecommunications facilities and 
        equipment for which assistance is sought;
            ``(6) describe the manner in which historically underserved 
        students (such as students from low-income families, limited 
        English proficient students, students with disabilities, or 
        students who have low literacy skills) and their families, will 
        participate in the benefits of the telecommunications 
        facilities, equipment, technical assistance, and programming 
        assisted under this part;
            ``(7) describe how existing telecommunications equipment, 
        facilities, and services, where available, will be used;
            ``(8) provide assurances that the financial interest of the 
        United States in the telecommunications facilities and 
        equipment will be protected for the useful life of such 
        facilities and equipment;
            ``(9) provide assurances that a significant portion of any 
        facilities and equipment, technical assistance, and programming 
        for which assistance is sought for elementary and secondary 
        schools will be made available to schools or local educational 
        agencies that have a high number or percentage of children 
        eligible to be counted under part A of title I;
            ``(10) provide assurances that the applicant will use the 
        funds provided under this part to supplement and not supplant 
        funds otherwise available for the purposes of this part;
            ``(11) if any member of the consortia receives assistance 
        under subpart 3 of part A, describe how funds received under 
        this part will be coordinated with funds received for 
        educational technology in the classroom under such section;
            ``(12) describe the activities or services for which 
        assistance is sought, such as--
                    ``(A) providing facilities, equipment, training 
                services, and technical assistance;
                    ``(B) making programs accessible to students with 
                disabilities through mechanisms such as closed 
                captioning and descriptive video services;
                    ``(C) linking networks around issues of national 
                importance (such as elections) or to provide 
                information about employment opportunities, job 
                training, or student and other social service programs;
                    ``(D) sharing curriculum resources between networks 
                and development of program guides which demonstrate 
                cooperative, cross-network listing of programs for 
                specific curriculum areas;
                    ``(E) providing teacher and student support 
                services including classroom and training support 
                materials which permit student and teacher involvement 
                in the live interactive distance learning telecasts;
                    ``(F) incorporating community resources such as 
                libraries and museums into instructional programs;
                    ``(G) providing professional development for 
                teachers, including, as appropriate, training to early 
                childhood development and Head Start teachers and staff 
                and vocational education teachers and staff, and adult 
                and family educators;
                    ``(H) providing programs for adults to maximize the 
                use of telecommunications facilities and equipment;
                    ``(I) providing teacher training on proposed or 
                established voluntary national content standards in 
                mathematics and science and other disciplines as such 
                standards are developed; and
                    ``(J) providing parent education programs during 
                and after the regular school day which reinforce a 
                student's course of study and actively involve parents 
                in the learning process;
            ``(13) describe how the proposed project as a whole will be 
        financed and how arrangements for future financing will be 
        developed before the project expires;
            ``(14) provide an assurance that a significant portion of 
        any facilities, equipment, technical assistance, and 
        programming for which assistance is sought for elementary and 
        secondary schools will be made available to schools in local 
        educational agencies that have a high percentage of children 
        counted for the purpose of part A of title I;
            ``(15) provide an assurance that the applicant will provide 
        such information and cooperate in any evaluation that the 
        Secretary may conduct under this part; and
            ``(16) include such additional assurances as the Secretary 
        may reasonably require.
    ``(c) Priorities.--The Secretary, in approving applications for 
grants authorized under section 5203, shall give priority to 
applications describing projects that--
            ``(1) propose high-quality plans to assist in achieving 1 
        or more of America's Education Goals, will provide instruction 
        consistent with State content standards, or will otherwise 
        provide significant and specific assistance to States and local 
        educational agencies undertaking systemic education reform;
            ``(2) will provide services to programs serving adults, 
        especially parents, with low levels of literacy;
            ``(3) will serve schools with significant numbers of 
        children counted for the purposes of part A of title I;
            ``(4) ensure that the eligible entity will--
                    ``(A) serve the broadest range of institutions, 
                programs providing instruction outside of the school 
                setting, programs serving adults, especially parents, 
                with low levels of literacy, institutions of higher 
                education, teacher training centers, research 
                institutes, and private industry;
                    ``(B) have substantial academic and teaching 
                capabilities, including the capability of training, 
                retraining, and inservice upgrading of teaching skills 
                and the capability to provide professional development;
                    ``(C) provide a comprehensive range of courses for 
                educators to teach instructional strategies for 
                students with different skill levels;
                    ``(D) provide training to participating educators 
                in ways to integrate telecommunications courses into 
                existing school curriculum;
                    ``(E) provide instruction for students, teachers, 
                and parents;
                    ``(F) serve a multistate area; and
                    ``(G) give priority to the provision of equipment 
                and linkages to isolated areas; and
            ``(5) involve a telecommunications entity (such as a 
        satellite, cable, telephone, computer, or public or private 
        television stations) participating in the eligible entity and 
        donating equipment or in-kind services for telecommunications 
        linkages.
    ``(d) Geographic Distribution.--In approving applications for 
grants authorized under section 5203, the Secretary shall, to the 
extent feasible, ensure an equitable geographic distribution of 
services provided under this part.

``SEC. 5206. DEFINITIONS.

    ``In this part:
            ``(1) Educational institution.--The term `educational 
        institution' means an institution of higher education, a local 
        educational agency, or a State educational agency.
            ``(2) Instructional programming.--The term `instructional 
        programming' means courses of instruction and training courses 
        for elementary and secondary students, teachers, and others, 
        and materials for use in such instruction and training that 
        have been prepared in audio and visual form on either analog or 
        digital format and are presented by means of telecommunications 
        devices.
            ``(3) Term public broadcasting entity.--The term `public 
        broadcasting entity' has the same meaning given such term in 
        section 397 of the Communications Act of 1934.

``SEC. 5207. ADMINISTRATIVE PROVISIONS.

    ``(a) Continuing Eligibility.--
            ``(1) In general.--In order to be eligible to receive a 
        grant under section 5203 for a second 3-year grant period an 
        eligible entity shall demonstrate in the application submitted 
        pursuant to section 5205 that such partnership shall--
                    ``(A) continue to provide services in the subject 
                areas and geographic areas assisted with funds received 
                under this part for the previous 5-year grant period; 
                and
                    ``(B) use all grant funds received under this part 
                for the second 3-year grant period to provide expanded 
                services by--
                            ``(i) increasing the number of students, 
                        schools or school districts served by the 
                        courses of instruction assisted under this part 
                        in the previous fiscal year;
                            ``(ii) providing new courses of 
                        instruction; and
                            ``(iii) serving new populations of 
                        underserved individuals, such as children or 
                        adults who are disadvantaged, have limited-
                        English proficiency, are individuals with 
                        disabilities, are illiterate, or lack secondary 
                        school diplomas or their recognized equivalent.
            ``(2) Special rule.--Grant funds received pursuant to 
        paragraph (1) shall be used to supplement and not supplant 
        services provided by the grant recipient under this part in the 
        previous fiscal year.
    ``(b) Federal Activities.--The Secretary may assist grant 
recipients under section 5203 in acquiring satellite time and other 
transmissions technologies, where appropriate, as economically as 
possible.

``SEC. 5208. OTHER ASSISTANCE.

    ``(a) Special Statewide Network.--
            ``(1) In general.--The Secretary, through the Office of 
        Educational Technology, may provide assistance to a statewide 
        fiber optics telecommunications network under this subsection 
        if such network--
                    ``(A) provides 2-way full motion interactive video 
                and voice communications via Internet, cable and other 
                technologies;
                    ``(B) links together public colleges and 
                universities and schools throughout the State; and
                    ``(C) includes such additional assurances as the 
                Secretary may reasonably require.
            ``(2) State contribution.--A statewide telecommunications 
        network assisted under paragraph (1) shall contribute, either 
        directly or through private contributions, non-Federal funds 
        equal to not less than 50 percent of the cost of such network.
    ``(b) Special Local Network.--
            ``(1) In general.--The Secretary may provide assistance, on 
        a competitive basis, to a local educational agency or 
        consortium thereof to enable such agency or consortium to 
        establish a high technology demonstration program.
            ``(2) Program requirements.--A high technology 
        demonstration program assisted under paragraph (1) shall--
                    ``(A) include 2-way full motion interactive video, 
                data and voice communications;
                    ``(B) link together elementary and secondary 
                schools, colleges, and universities;
                    ``(C) provide parent participation and family 
                programs;
                    ``(D) include a staff development program; and
                    ``(E) have a significant contribution and 
                participation from business and industry.
            ``(3) Special rule.--Each high technology demonstration 
        program assisted under paragraph (1) shall be of sufficient 
        size and scope to have an effect on meeting America's Education 
        Goals.
            ``(4) Matching requirement.--A local educational agency or 
        consortium receiving a grant under paragraph (1) shall provide, 
        either directly or through private contributions, non-Federal 
        matching funds equal to not less than 50 percent of the amount 
        of the grant.
    ``(c) Telecommunications Programs for Continuing Education.--
            ``(1) Authority.--The Secretary is authorized to award 
        grants, on a competitive basis, to eligible entities to enable 
        such partnerships to develop and operate 1 or more programs 
        which provide on-line access to educational resources in 
        support of continuing education and curriculum requirements 
        relevant to achieving a secondary school diploma or its 
        recognized equivalent. The program authorized by this section 
        shall be designed to advance adult literacy, secondary school 
        completion and the acquisition of specified competency by the 
        end of the 12th grade.
            ``(2) Application.--Each eligible entity desiring a grant 
        under this section shall submit an application to the 
        Secretary. Each such application shall--
                    ``(A) demonstrate that the applicant will use 
                publicly funded or free public telecommunications 
                infrastructure to deliver video, voice and data in an 
                integrated service to support and assist in the 
                acquisition of a secondary school diploma or its 
                recognized equivalent;
                    ``(B) assure that the content of the materials to 
                be delivered is consistent with the accreditation 
                requirements of the State for which such materials are 
                used;
                    ``(C) incorporate, to the extent feasible, 
                materials developed in the Federal departments and 
                agencies and under appropriate federally funded 
                projects and programs;
                    ``(D) assure that the applicant has the 
                technological and substantive experience to carry out 
                the program; and
                    ``(E) contain such additional assurances as the 
                Secretary may reasonably require.''.

                   PART C--MAGNET SCHOOLS ASSISTANCE

SEC. 531. MAGNET SCHOOLS ASSISTANCE.

    Part C of title V (20 U.S.C. 7261 et seq.) is amended to read as 
follows:

                  ``PART C--MAGNET SCHOOLS ASSISTANCE

``SEC. 5301. FINDINGS AND STATEMENT OF PURPOSE.

    ``(a) Findings.--Congress makes the following findings:
            ``(1) Magnet schools are a significant part of our Nation's 
        effort to achieve voluntary desegregation of our Nation's 
        schools.
            ``(2) It is in the national interest to continue the 
        Federal Government's support of school districts that are 
        implementing court-ordered desegregation plans and school 
        districts that are voluntarily seeking to foster meaningful 
        interaction among students of different racial and ethnic 
        backgrounds.
            ``(3) Desegregation can help ensure that all students have 
        equitable access to high-quality education that will prepare 
        them to function well in a technologically oriented and highly 
        competitive society comprised of people from many different 
        racial and ethnic backgrounds.
            ``(4) It is in the national interest to desegregate and 
        diversify those schools in our Nation that are racially, 
        economically, linguistically, or ethnically segregated. Such 
        segregation exists between minority and non-minority students 
        as well as among students of different minority groups.
    ``(b) Statement of Purpose.--The purpose of this part is to assist 
in the desegregation of schools served by local educational agencies by 
providing financial assistance to eligible local educational agencies 
for--
            ``(1) the elimination, reduction, or prevention of minority 
        group isolation in elementary schools and secondary schools 
        with substantial proportions of minority students which shall 
        assist in the efforts of the United States to achieve voluntary 
        desegregation in public schools;
            ``(2) the development and implementation of magnet school 
        projects that will assist local educational agencies in 
        achieving systemic reforms and providing all students the 
        opportunity to meet challenging State and local content 
        standards and challenging State and local student performance 
        standards;
            ``(3) the development and design of innovative educational 
        methods and practices;
            ``(4) courses of instruction within magnet schools that 
        will substantially strengthen the knowledge of academic 
        subjects and the grasp of tangible and marketable vocational, 
        technological and career skills of students attending such 
        schools;
            ``(5) improving the capacity of local educational agencies, 
        including through professional development, to continue 
        operating magnet schools at a high performance level after 
        Federal funding is terminated; and
            ``(6) ensuring that all students enrolled in the magnet 
        school program have equitable access to high quality education 
        that will enable the students to succeed academically and 
        continue with post secondary education or productive 
        employment.

``SEC. 5302. PROGRAM AUTHORIZED.

    ``The Secretary, in accordance with this part, is authorized to 
make grants to eligible local educational agencies, and consortia of 
such agencies where appropriate, to carry out the purpose of this part 
for magnet schools that are--
            ``(1) part of an approved desegregation plan; and
            ``(2) designed to bring students from different social, 
        economic, ethnic, and racial backgrounds together.

``SEC. 5303. DEFINITION.

    ``For the purpose of this part, the term `magnet school' means a 
public elementary school or secondary school or a public elementary or 
secondary education center that offers a special curriculum capable of 
attracting substantial numbers of students of different racial 
backgrounds.

``SEC. 5304. ELIGIBILITY.

    ``A local educational agency, or consortium of such agencies where 
appropriate, is eligible to receive assistance under this part to carry 
out the purposes of this part if such agency or consortium--
            ``(1) is implementing a plan undertaken pursuant to a final 
        order issued by a court of the United States, or a court of any 
        State, or any other State agency or official of competent 
        jurisdiction, that requires the desegregation of minority-
        group-segregated children or faculty in the elementary schools 
        and secondary schools of such agency; or
            ``(2) without having been required to do so, has adopted 
        and is implementing, or will, if assistance is made available 
        to such local educational agency or consortium of such agencies 
        under this part, adopt and implement a plan that has been 
        approved by the Secretary as adequate under title VI of the 
        Civil Rights Act of 1964 for the desegregation of minority-
        group-segregated children or faculty in such schools.

``SEC. 5305. APPLICATIONS AND REQUIREMENTS.

    ``(a) Applications.--An eligible local educational agency or 
consortium of such agencies desiring to receive assistance under this 
part shall submit an application to the Secretary at such time, in such 
manner, and containing such information and assurances as the Secretary 
may reasonably require.
    ``(b) Information and Assurances.--Each such application shall 
include--
            ``(1) a description of--
                    ``(A) how assistance made available under this part 
                will be used to promote desegregation, including how 
                the proposed magnet school project will increase 
                interaction among students of different social, 
                economic, ethnic, and racial backgrounds;
                    ``(B) the manner and extent to which the magnet 
                school project will increase student achievement in the 
                instructional area or areas offered by the school;
                    ``(C) how an applicant will continue the magnet 
                school project after assistance under this part is no 
                longer available, including, if applicable, an 
                explanation of why magnet schools established or 
                supported by the applicant with funds under this part 
                cannot be continued without the use of funds under this 
                part;
                    ``(D) how funds under this part will be used to 
                implement services and activities that are consistent 
                with other programs under this Act, and other Acts, as 
                appropriate, in accordance with the provisions of 
                section 6506; and
                    ``(E) the criteria to be used in selecting students 
                to attend the proposed magnet school project; and
            ``(2) assurances that the applicant will--
                    ``(A) use funds under this part for the purposes 
                specified in section 5301(b);
                    ``(B) employ State certified or licensed teachers 
                in the courses of instruction assisted under this part 
                to teach or supervise others who are teaching the 
                subject matter of the courses of instruction;
                    ``(C) not engage in discrimination based on race, 
                religion, color, national origin, sex, or disability 
                in--
                            ``(i) the hiring, promotion, or assignment 
                        of employees of the agency or other personnel 
                        for whom the agency has any administrative 
                        responsibility;
                            ``(ii) the assignment of students to 
                        schools, or to courses of instruction within 
                        the school, of such agency, except to carry out 
                        the approved plan; and
                            ``(iii) designing or operating 
                        extracurricular activities for students;
                    ``(D) carry out a high-quality education program 
                that will encourage greater parental decisionmaking and 
                involvement; and
                    ``(E) give students residing in the local 
                attendance area of the proposed magnet school project 
                equitable consideration for placement in the project, 
                consistent with desegregation guidelines and the 
                capacity of the project to accommodate these students.
    ``(c) Special Rule.--No application may be approved under this 
section unless the Assistant Secretary of Education for Civil Rights 
determines that the assurances described in subsection (b)(2)(C) will 
be met.

``SEC. 5306. PRIORITY.

    ``In approving applications under this part, the Secretary shall 
give priority to applicants that--
            ``(1) demonstrate the greatest need for assistance, based 
        on the expense or difficulty of effectively carrying out an 
        approved desegregation plan and the projects for which 
        assistance is sought;
            ``(2) propose to carry out new magnet school projects, or 
        significantly revise existing magnet school projects;
            ``(3) propose to select students to attend magnet school 
        projects by methods such as lottery, rather than through 
        academic examination;
            ``(4) propose to implement innovative educational 
        approaches that are consistent with the State and local content 
        and student performance standards; and
            ``(5) propose activities, which may include professional 
        development, that will build local capacity to operate the 
        magnet school program once Federal assistance has terminated.

``SEC. 5307. USE OF FUNDS.

    ``(a) In General.--Grant funds made available under this part may 
be used by an eligible local educational agency or consortium of such 
agencies--
            ``(1) for planning and promotional activities directly 
        related to the development, expansion, continuation, or 
        enhancement of academic programs and services offered at magnet 
        schools;
            ``(2) for the acquisition of books, materials, and 
        equipment, including computers and the maintenance and 
        operation thereof, necessary for the conduct of programs in 
        magnet schools;
            ``(3) for the payment, or subsidization of the 
        compensation, of elementary school and secondary school 
        teachers who are certified or licensed by the State, and 
        instructional staff where applicable, who are necessary for the 
        conduct of programs in magnet schools;
            ``(4) with respect to a magnet school program offered to 
        less than the entire student population of a school, for 
        instructional activities that--
                    ``(A) are designed to make available the special 
                curriculum that is offered by the magnet school project 
                to students who are enrolled in the school but who are 
                not enrolled in the magnet school program; and
                    ``(B) further the purposes of this part;
            ``(5) to include professional development, which 
        professional development shall build the agency's or 
        consortium's capacity to operate the magnet school once Federal 
        assistance has terminated;
            ``(6) to enable the local educational agency or consortium 
        to have more flexibility in the administration of a magnet 
        school program in order to serve students attending a school 
        who are not enrolled in a magnet school program; and
            ``(7) to enable the local educational agency or consortium 
        to have flexibility in designing magnet schools for students at 
        all grades.
    ``(b) Special Rule.--Grant funds under this part may be used in 
accordance with paragraphs (2) and (3) of subsection (a) only if the 
activities described in such paragraphs are directly related to 
improving the students' reading skills or knowledge of mathematics, 
science, history, geography, English, foreign languages, art, or music, 
or to improving vocational, technological and career skills.

``SEC. 5308. PROHIBITION.

    Grants under this part may not be used for transportation or any 
activity that does not augment academic improvement.

``SEC. 5309. LIMITATIONS.

    ``(a) Duration of Awards.--A grant under this part shall be awarded 
for a period that shall not exceed three fiscal years.
    ``(b) Limitation on Planning Funds.--A local educational agency may 
expend for planning (professional development shall not be considered 
as planning for purposes of this subsection) not more than 50 percent 
of the funds received under this part for the first year of the 
project, 25 percent of such funds for the second such year, and 15 
percent of such funds for the third such year.
    ``(c) Amount.--No local educational agency or consortium awarded a 
grant under this part shall receive more than $4,000,000 under this 
part in any one fiscal year.
    ``(d) Timing.--To the extent practicable, the Secretary shall award 
grants for any fiscal year under this part not later than June 1 of the 
applicable fiscal year.

``SEC. 5310. INNOVATIVE PROGRAMS.

    ``(a) In General.--From amounts reserved under subsection (d) for 
each fiscal year, the Secretary shall award grants to local educational 
agencies or consortia of such agencies described in section 5304 to 
enable such agencies or consortia to conduct innovative programs that--
            ``(1) involve innovative strategies other than magnet 
        schools, such as neighborhood or community model schools, to 
        support desegregation of schools and to reduce achievement 
        gaps;
            ``(2) assist in achieving systemic reforms and providing 
        all students the opportunity to meet challenging State and 
        local content standards and challenging State and local student 
        performance standards; and
            ``(3) include innovative educational methods and practices 
        that--
                    ``(A) are organized around a special emphasis, 
                theme, or concept; and
                    ``(B) involve extensive parent and community 
                involvement.
    ``(b) Applicability.--Sections 5301(b), 5302, 5305, 5306, and 5307, 
shall not apply to grants awarded under subsection (a).
    ``(c) Applications.--Each local educational agency or consortia of 
such agencies desiring a grant under this section shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information and assurances as the Secretary may 
reasonably require.
    ``(d) Innovative Programs.--The Secretary shall reserve not more 
than 5 percent of the funds appropriated under section 5312(a) for each 
fiscal year to award grants under this section.

``SEC. 5311. EVALUATIONS.

    ``(a) Reservation.--The Secretary may reserve not more than two 
percent of the funds appropriated under section 5312(a) for any fiscal 
year to carry out evaluations of projects assisted under this part and 
to provide technical assistance for grant recipients under this part.
    ``(b) Contents.--Each evaluation described in subsection (a), at a 
minimum, shall address--
            ``(1) how and the extent to which magnet school programs 
        lead to educational quality and improvement;
            ``(2) the extent to which magnet school programs enhance 
        student access to quality education;
            ``(3) the extent to which magnet school programs lead to 
        the elimination, reduction, or prevention of minority group 
        isolation in elementary schools and secondary schools with 
        substantial proportions of minority students;
            ``(4) the extent to which magnet school programs differ 
        from other school programs in terms of the organizational 
        characteristics and resource allocations of such magnet school 
        programs; and
            ``(5) the extent to which magnet school programs continue 
        once grant assistance under this part is terminated.
    ``(c) Dissemination.--The Secretary shall collect and disseminate 
to the general public information on successful magnet school programs.

``SEC. 5312. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

    ``(a) Authorization.--For the purpose of carrying out this part, 
there are authorized to be appropriated $125,000,000 for fiscal year 
2001 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.
    ``(b) Availability of Funds for Grants to Agencies Not Previously 
Assisted.--In any fiscal year for which the amount appropriated 
pursuant to subsection (a) exceeds $75,000,000, the Secretary shall 
give priority to using such amounts in excess of $75,000,000 to award 
grants to local educational agencies or consortia of such agencies that 
did not receive a grant under this part in the preceding fiscal 
year.''.

                     PART D--PUBLIC CHARTER SCHOOLS

SEC. 541. PUBLIC CHARTER SCHOOLS.

    (a) Reauthorization.--Part C of title X (20 U.S.C. 8061 et seq.) is 
amended--
            (1) in section 10301 (20 U.S.C. 8061)--
                    (A) by striking subsection (a); and
                    (B) by striking ``(b) Purpose.--''; and
            (2) in section 10311 (20 U.S.C. 8067), by striking 
        ``$100,000,000 for fiscal year 1999'' and inserting 
        ``$175,000,000 for fiscal year 2001''.
    (b) Transfer, Redesignation, Conforming Amendments.--Part C of 
title X (20 U.S.C. 8061 et seq.) is amended--
            (1) by transferring such part so as to appear after part C 
        of title V;
            (2) by redesignating such part as part D;
            (3) by redesignating sections 10301 through 10311 as 
        sections 5401 through 5411, respectively;
            (4) in section 5402 (as so redesignated)--
                    (A) in subsections (a) and (b), by striking 
                ``10303'' each place that such appears and inserting 
                ``5403'';
                    (B) in subsection (c)(1)(C), by striking ``10304'' 
                and inserting ``5404''; and
                    (C) in subsection (e)(1), by striking ``10311'' 
                each place that such appears and inserting ``5411'';
            (5) in section 5403 (as so redesignated)--
                    (A) in subsections (b)(3)(M) and (c), by striking 
                ``10302'' each place that such appears and inserting 
                ``5402''; and
                    (B) in subsection (d)(2)(B), by striking ``10304'' 
                and inserting ``5404'';
            (6) in section 5404 (as so redesignated)--
                    (A) in the matter preceding paragraph (1) of 
                subsections (a) and (b), by striking ``10303'' each 
                place that such appears and inserting ``5403'';
                    (B) in subsections (a)(7) and (b)(7), by striking 
                ``10302'' each place that such appears and inserting 
                ``5402''; and
                    (C) in the matter preceding paragraph (1) of 
                subsection (e), by striking ``10310'' and inserting 
                ``5410''; and
            (7) in section 5405(a)(4)(B) (as so redesignated), by 
        striking ``10303'' and inserting ``5403''.

  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.

    Title V (20 U.S.C. 7201 et seq.) is amended by adding at the end 
the following:

                       ``PART F--CIVIC EDUCATION

``SEC. 5601. SHORT TITLE.

    ``This part may be cited as the `Education for Democracy Act'.

``SEC. 5602. THE STUDY OF THE DECLARATION OF INDEPENDENCE, UNITED 
              STATES CONSTITUTION, AND THE FEDERALIST PAPERS.

    ``It is the sense of Congress that--
            ``(1) State and local governments and local educational 
        agencies are encouraged to dedicate at least 1 day of learning 
        to the study and understanding of the significance of the 
        Declaration of Independence, the United States Constitution, 
        and the Federalist Papers; and
            ``(2) State and local governments and local educational 
        agencies are encouraged to include a requirement that, before 
        receiving a certificate or diploma of graduation from secondary 
        school, students be tested on their competency in understanding 
        the Declaration of Independence, the United States 
        Constitution, and the Federalist Papers.

``SEC. 5603. PURPOSE.

    ``It is the purpose of this part--
            ``(1) to improve the quality of civics and government 
        education, and to enhance the attainment of the third and sixth 
        America's Education Goals, by educating students about the 
        history and principles of the Constitution of the United 
        States, including the Bill of Rights;
            ``(2) to foster civic competence and responsibility; and
            ``(3) to improve the quality of civic education and 
        economic education through cooperative civic education and 
        economic education exchange programs with other democratic 
        nations.

``SEC. 5604. GENERAL AUTHORITY.

    ``The Secretary is authorized to award grants to or enter into 
contracts with the Center for Civic Education, the National Council on 
Economic Education, or other nonprofit educational organizations to 
carry out this part.

``SEC. 5605. WE THE PEOPLE PROGRAM.

    ``(a) The Citizen and the Constitution.--
            ``(1) Education activities.--The Secretary shall award a 
        grant or enter into a contract for the Citizen and the 
        Constitution program that--
                    ``(A) shall continue and expand the educational 
                activities of the `We the People . . . The Citizen and 
                the Constitution' program administered by the Center 
                for Civic Education; and
                    ``(B) shall enhance student attainment of 
                challenging content standards in civics and government.
            ``(2) Program content.--The education program authorized by 
        this section shall provide--
                    ``(A) a course of instruction on the basic 
                principles of our Nation's constitutional democracy and 
                the history of the Constitution of the United States 
                and the Bill of Rights;
                    ``(B) at the request of a participating school, 
                school and community simulated congressional hearings 
                following the course of study;
                    ``(C) an annual national competition of simulated 
                congressional hearings for secondary school students 
                who wish to participate in such a program;
                    ``(D) advanced training of teachers about the 
                Constitution of the United States and the political 
                system the United States created;
                    ``(E) materials and methods of instruction, 
                including teacher training, that utilize the latest 
                advancements in educational technology; and
                    ``(F) civic education materials and services such 
                as service learning to address specific problems such 
                as the prevention of school violence and the abuse of 
                drugs and alcohol.
            ``(3) Availability of program.--The education program 
        authorized under this subsection shall be made available to 
        public and private elementary schools and secondary schools, 
        including Bureau funded schools, in the 435 congressional 
        districts, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.
    ``(b) Project Citizen.--
            ``(1) Educational activities.--The Secretary shall award a 
        grant or enter into a contract for the Project Citizen program 
        that--
                    ``(A) shall continue and expand the educational 
                activities of the `We the People . . . Project Citizen' 
                program administered by the Center for Civic Education; 
                and
                    ``(B) shall enhance student attainment of 
                challenging content standards in civics and government.
            ``(2) Program content.--The education program authorized by 
        this subsection shall provide--
                    ``(A) a course of instruction at the middle school 
                level on the roles of State and local governments in 
                the Federal system established by the Constitution of 
                the United States;
                    ``(B) optional school and community simulated State 
                legislative hearings;
                    ``(C) an annual national showcase or competition;
                    ``(D) advanced training of teachers on the roles of 
                State and local governments in the Federal system 
                established by the Constitution;
                    ``(E) materials and methods of instruction, 
                including teacher training, that utilize the latest 
                advancements in educational technology; and
                    ``(F) civic education materials and services to 
                address specific problems such as the prevention of 
                school violence and the abuse of drugs and alcohol.
            ``(3) Availability of program.--The education program 
        authorized under this subsection shall be made available to 
        public and private middle schools, including Bureau funded 
        schools, in the 50 States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, and the Commonwealth of the Northern 
        Mariana Islands.
    ``(c) Definition of Bureau Funded School.--In this section the term 
`Bureau funded school' has the meaning given the term in section 1146 
of the Education Amendments of 1978.

``SEC. 5606. CIVIC EDUCATION AND ECONOMIC EDUCATION EXCHANGE PROGRAMS.

    ``(a) Cooperative Education Exchange Programs.--The Secretary, in 
consultation with the Secretary of State, shall carry out Cooperative 
Education Exchange programs in accordance with this section.
    ``(b) Purpose.--The purpose of the programs provided under this 
section shall be to--
            ``(1) make available to educators from eligible countries 
        exemplary curriculum and teacher training programs in civics 
        and government education, and economics education, developed in 
        the United States;
            ``(2) assist eligible countries in the adaptation, 
        implementation, and institutionalization of such programs;
            ``(3) create and implement civics and government education, 
        and economic education, programs for United States students 
        that draw upon the experiences of the participating eligible 
        countries;
            ``(4) provide a means for the exchange of ideas and 
        experiences in civics and government education and economic 
        education, among political, educational, governmental, and 
        private sector leaders of participating eligible countries; and
            ``(5) provide support for--
                    ``(A) research and evaluation to determine the 
                effects of educational programs on students' 
                development of the knowledge, skills, and traits of 
                character essential for the preservation and 
                improvement of constitutional democracy; and
                    ``(B) effective participation in and the 
                preservation and improvement of an efficient market 
                economy.
    ``(c) Avoidance of Duplication.--The Secretary shall consult with 
the Secretary of State to ensure that activities under this section are 
not duplicative of other efforts in the eligible countries and that 
partner institutions in the eligible countries are creditable.
    ``(d) Activities.--The Cooperative Education Exchange programs 
shall--
            ``(1) provide eligible countries with--
                    ``(A) seminars on the basic principles of United 
                States constitutional democracy and economics, 
                including seminars on the major governmental and 
                economic institutions and systems in the United States, 
                and visits to such institutions;
                    ``(B) visits to school systems, institutions of 
                higher education, and nonprofit organizations 
                conducting exemplary programs in civics and government 
                education, and economic education, in the United 
                States;
                    ``(C) translations and adaptations regarding United 
                States civic and government education, and economic 
                education, curricular programs for students and 
                teachers, and in the case of training programs for 
                teachers translations and adaptations into forms useful 
                in schools in eligible countries, and joint research 
                projects in such areas;
                    ``(D) research and evaluation assistance to 
                determine--
                            ``(i) the effects of the Cooperative 
                        Education Exchange programs on students' 
                        development of the knowledge, skills, and 
                        traits of character essential for the 
                        preservation and improvement of constitutional 
                        democracy; and
                            ``(ii) effective participation in and the 
                        preservation and improvement of an efficient 
                        market economy;
            ``(2) provide United States participants with--
                    ``(A) seminars on the histories, economies, and 
                systems of government of eligible countries;
                    ``(B) visits to school systems, institutions of 
                higher education, and organizations conducting 
                exemplary programs in civics and government education, 
                and economic education, located in eligible countries;
                    ``(C) assistance from educators and scholars in 
                eligible countries in the development of curricular 
                materials on the history, government, and economy of 
                such countries that are useful in United States 
                classrooms;
                    ``(D) opportunities to provide onsite 
                demonstrations of United States curricula and pedagogy 
                for educational leaders in eligible countries; and
                    ``(E) research and evaluation assistance to 
                determine--
                            ``(i) the effects of the Cooperative 
                        Education Exchange programs on students' 
                        development of the knowledge, skills, and 
                        traits of character essential for the 
                        preservation and improvement of constitutional 
                        democracy; and
                            ``(ii) effective participation in and 
                        improvement of an efficient market economy; and
            ``(3) assist participants from eligible countries and the 
        United States to participate in international conferences on 
        civics and government education, and economic education, for 
        educational leaders, teacher trainers, scholars in related 
        disciplines, and educational policymakers.
    ``(e) Participants.--The primary participants in the Cooperative 
Education Exchange programs assisted under this section shall be 
educational leaders in the areas of civics and government education, 
and economic education, including curriculum and teacher training 
specialists, scholars in relevant disciplines, and educational 
policymakers, and government and private sector leaders from the United 
States and eligible countries.
    ``(f) Definition.--For the purpose of this section, the term 
`eligible country' means a country with a democratic form of government 
that--
            ``(1) is a Central European country, an Eastern European 
        country, Lithuania, Latvia, Estonia, Georgia, or one of the 
        independent states of the former Soviet Union as defined in 
        section 3 of the FREEDOM Support Act (22 U.S.C. 5801); and
            ``(2) may include the Republic of Ireland, the province of 
        Northern Ireland in the United Kingdom, and any developing 
        country as defined in section 209(d) of the Education for the 
        Deaf Act.

``SEC. 5607. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Section 5605.--There are authorized to be appropriated to 
carry out section 5605, $10,000,000 for fiscal year 2001 and such sums 
as may be necessary for each of the 4 succeeding fiscal years.
    ``(b) Section 5606.--There are authorized to be appropriated to 
carry out section 5606, $10,000,000 for fiscal year 2001 and such sums 
as may be necessary for each of the 4 succeeding fiscal years.

            ``PART G--FUND FOR THE IMPROVEMENT OF EDUCATION

``SEC. 5701. FUND FOR THE IMPROVEMENT OF EDUCATION.

    ``(a) Fund Authorized.--From funds appropriated under subsection 
(d), the Secretary is authorized to support nationally significant 
programs and projects to improve the quality of elementary and 
secondary education. The Secretary is authorized to carry out such 
programs and projects directly or through grants to, or contracts with, 
State and local educational agencies, institutions of higher education, 
and other public and private agencies, organizations, and institutions.
    ``(b) Uses of Funds.--Funds under this section may be used for--
            ``(1) programs under section 5702;
            ``(2) programs under section 5703;
            ``(3) programs under section 5704;
            ``(4) programs under section 5705;
            ``(5) programs under section 5706;
            ``(6) the identification and recognition of exemplary 
        schools and programs, such as Blue Ribbon Schools; and
            ``(7) the development and evaluation of model strategies 
        for professional development for teachers and administrators.
    ``(c) Awards.--
            ``(1) In general.--The Secretary may make awards under this 
        section on the basis of competitions announced by the 
        Secretary.
            ``(2) Special rule.--The Secretary shall ensure that 
        programs, projects, and activities supported under this section 
        are designed so that the effectiveness of such programs, 
        projects, and activities is readily ascertainable.
            ``(3) Peer review.--The Secretary shall use a peer review 
        process in reviewing applications for assistance under this 
        section and may use funds appropriated under subsection (d) for 
        the cost of such peer review.
    ``(d) Authorization.--For the purpose of carrying out this section, 
there are authorized to be appropriated $100,000,000 for fiscal year 
2001 and such sums as may be necessary for each of the 4 succeeding 
fiscal years.

``SEC. 5702. PARTNERSHIPS IN CHARACTER EDUCATION PROGRAM.

    ``(a) Program Authorized.--
            ``(1) In general.--The Secretary is authorized to award 
        grants to eligible entities for the design and implementation 
        of character education programs that incorporate the elements 
        of character described in subsection (d), as well as other 
        character elements identified by the eligible entities.
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State educational agency in partnership 
                with 1 or more local educational agencies;
                    ``(B) a State educational agency in partnership 
                with--
                            ``(i) 1 or more local educational agencies; 
                        and
                            ``(ii) 1 or more nonprofit organizations or 
                        entities, including institutions of higher 
                        education;
                    ``(C) a local educational agency or consortium of 
                local educational agencies; or
                    ``(D) a local educational agency in partnership 
                with another nonprofit organization or entity, 
                including institutions of higher education.
            ``(3) Duration.--Each grant under this section shall be 
        awarded for a period not to exceed 3 years, of which the 
        eligible entity shall not use more than 1 year for planning and 
        program design.
    ``(b) Applications.--
            ``(1) Requirement.--Each eligible entity desiring a grant 
        under this section shall submit an application to the Secretary 
        at such time and in such manner as the Secretary may require.
            ``(2) Contents of application.--Each application submitted 
        under this section shall include--
                    ``(A) a description of any partnerships or 
                collaborative efforts among the organizations and 
                entities of the eligible entity;
                    ``(B) a description of the goals and objectives of 
                the program proposed by the eligible entity;
                    ``(C) a description of activities that will be 
                pursued and how those activities will contribute to 
                meeting the goals and objectives described in 
                subparagraph (B), including--
                            ``(i) how parents, students, and other 
                        members of the community, including members of 
                        private and nonprofit organizations, will be 
                        involved in the design and implementation of 
                        the program and how the eligible entity will 
                        work with the larger community to increase the 
                        reach and promise of the program;
                            ``(ii) curriculum and instructional 
                        practices that will be used or developed;
                            ``(iii) methods of teacher training and 
                        parent education that will be used or 
                        developed; and
                            ``(iv) how the program will be linked to 
                        other efforts in the schools to improve student 
                        performance;
                    ``(D) in the case of an eligible entity that is a 
                State educational agency--
                            ``(i) a description of how the State 
                        educational agency will provide technical and 
                        professional assistance to its local 
                        educational agency partners in the development 
                        and implementation of character education 
                        programs; and
                            ``(ii) a description of how the State 
                        educational agency will assist other interested 
                        local educational agencies that are not members 
                        of the original partnership in designing and 
                        establishing character education programs;
                    ``(E) a description of how the eligible entity will 
                evaluate the success of its program--
                            ``(i) based on the goals and objectives 
                        described in subparagraph (B); and
                            ``(ii) in cooperation with the national 
                        evaluation conducted pursuant to subsection 
                        (c)(2)(B)(iii);
                    ``(F) an assurance that the eligible entity 
                annually will provide to the Secretary such information 
                as may be required to determine the effectiveness of 
                the program; and
                    ``(G) any other information that the Secretary may 
                require.
    ``(c) Evaluation and Program Development.--
            ``(1) Evaluation and reporting.--
                    ``(A) State and local reporting and evaluation.--
                Each eligible entity receiving a grant under this 
                section shall submit to the Secretary a comprehensive 
                evaluation of the program assisted under this section, 
                including the impact on students, teachers, 
                administrators, parents, and others--
                            ``(i) by the second year of the program; 
                        and
                            ``(ii) not later than 1 year after 
                        completion of the grant period.
                    ``(B) Contracts for evaluation.--Each eligible 
                entity receiving a grant under this section may 
                contract with outside sources, including institutions 
                of higher education, and private and nonprofit 
                organizations, for purposes of evaluating its program 
                and measuring the success of the program toward 
                fostering in students the elements of character 
                described in subsection (d).
            ``(2)  National research, dissemination, and evaluation.--
                    ``(A) In general.--The Secretary is authorized to 
                make grants to, or enter into contracts or cooperative 
                agreements with, State or local educational agencies, 
                institutions of higher education, tribal organizations, 
                or other public or private agencies or organizations to 
                carry out research, development, dissemination, 
                technical assistance, and evaluation activities that 
                support or inform State and local character education 
                programs. The Secretary shall reserve not more than 5 
                percent of the funds made available under this section 
                to carry out this paragraph.
                    ``(B) Uses.--Funds made available under 
                subparagraph (A) may be used--
                            ``(i) to conduct research and development 
                        activities that focus on matters such as--
                                    ``(I) the effectiveness of 
                                instructional models for all students;
                                    ``(II) materials and curricula that 
                                can be used by programs in character 
                                education;
                                    ``(III) models of professional 
                                development in character education; and
                                    ``(IV) the development of measures 
                                of effectiveness for character 
                                education programs which may include 
                                the factors described in paragraph (3);
                            ``(ii) to provide technical assistance to 
                        State and local programs, particularly on 
                        matters of program evaluation;
                            ``(iii) to conduct a national evaluation of 
                        State and local programs receiving funding 
                        under this section; and
                            ``(iv) to compile and disseminate, through 
                        various approaches (such as a national 
                        clearinghouse)--
                                    ``(I) information on model 
                                character education programs;
                                    ``(II) character education 
                                materials and curricula;
                                    ``(III) research findings in the 
                                area of character education and 
                                character development; and
                                    ``(IV) any other information that 
                                will be useful to character education 
                                program participants, educators, 
                                parents, administrators, and others 
                                nationwide.
                    ``(C) Priority.--In carrying out national 
                activities under this paragraph related to development, 
                dissemination, and technical assistance, the Secretary 
                shall seek to enter into partnerships with national, 
                nonprofit character education organizations with 
                expertise and successful experience in implementing 
                local character education programs that have had an 
                effective impact on schools, students, including 
                students with disabilities, and teachers.
            ``(3) Factors.--Factors which may be considered in 
        evaluating the success of programs funded under this section 
        may include--
                    ``(A) discipline issues;
                    ``(B) student performance;
                    ``(C) participation in extracurricular activities;
                    ``(D) parental and community involvement;
                    ``(E) faculty and administration involvement;
                    ``(F) student and staff morale; and
                    ``(G) overall improvements in school climate for 
                all students.
    ``(d) Elements of Character.--
            ``(1) In general.--Each eligible entity desiring funding 
        under this section shall develop character education programs 
        that incorporate the following elements of character:
                    ``(A) Caring.
                    ``(B) Civic virtue and citizenship.
                    ``(C) Justice and fairness.
                    ``(D) Respect.
                    ``(E) Responsibility.
                    ``(F) Trustworthiness.
                    ``(G) Any other elements deemed appropriate by the 
                members of the eligible entity.
            ``(2) Additional elements of character.--An eligible entity 
        participating under this section may, after consultation with 
        schools and communities served by the eligible entity, define 
        additional elements of character that the eligible entity 
        determines to be important to the schools and communities 
        served by the eligible entity.
    ``(e) Use of Funds by State Educational Agency Recipients.--Of the 
total funds received in any fiscal year under this section by an 
eligible entity that is a State educational agency--
            ``(1) not more than 10 percent of such funds may be used 
        for administrative purposes; and
            ``(2) the remainder of such funds may be used for--
                    ``(A) collaborative initiatives with and between 
                local educational agencies and schools;
                    ``(B) the preparation or purchase of materials, and 
                teacher training;
                    ``(C) grants to local educational agencies or 
                schools; and
                    ``(D) technical assistance and evaluation.
    ``(f) Selection of Grantees.--
            ``(1) Criteria.--The Secretary shall select, through peer 
        review, eligible entities to receive grants under this section 
        on the basis of the quality of the applications submitted under 
        subsection (b), taking into consideration such factors as--
                    ``(A) the quality of the activities proposed to be 
                conducted;
                    ``(B) the extent to which the program fosters in 
                students the elements of character described in 
                subsection (d) and the potential for improved student 
                performance;
                    ``(C) the extent and ongoing nature of parental, 
                student, and community involvement;
                    ``(D) the quality of the plan for measuring and 
                assessing success; and
                    ``(E) the likelihood that the goals of the program 
                will be realistically achieved.
            ``(2) Diversity of projects.--The Secretary shall approve 
        applications under this section in a manner that ensures, to 
        the extent practicable, that programs assisted under this 
        section--
                    ``(A) serve different areas of the Nation, 
                including urban, suburban, and rural areas; and
                    ``(B) serve schools that serve minorities, Native 
                Americans, students of limited-English proficiency, 
                disadvantaged students, and students with disabilities.
    ``(g) Participation by Private School Children and Teachers.--
Grantees under this section shall provide, to the extent feasible and 
appropriate, for the participation of students and teachers in private 
elementary and secondary schools in programs and activities under this 
section.

``SEC. 5703. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.

    ``(a) In General.--The Secretary is authorized to award a grant to 
a nonprofit organization to reimburse such organization for the costs 
of conducting scholar-athlete games.
    ``(b) Priority.--In awarding the grant under subsection (a), the 
Secretary shall give priority to a nonprofit organization that--
            ``(1) is described in section 501(c)(3) of, and exempt from 
        taxation under section 501(a) of, the Internal Revenue Code of 
        1986, and is affiliated with a university capable of hosting a 
        large educational, cultural, and athletic event that will serve 
        as a national model;
            ``(2) has the capability and experience in administering 
        federally funded scholar-athlete games;
            ``(3) has the ability to provide matching funds, on a 
        dollar-for-dollar basis, from foundations and the private 
        sector for the purpose of conducting a scholar-athlete program;
            ``(4) has the organizational structure and capability to 
        administer a model scholar-athlete program; and
            ``(5) has the organizational structure and expertise to 
        replicate the scholar-athlete program in various venues 
        throughout the United States internationally.

``SEC. 5704. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION.

    ``(a) Counseling Demonstration.--
            ``(1) In General.--The Secretary may award grants under 
        this section to establish or expand elementary school 
        counseling programs.
            ``(2) Priority.--In awarding grants under this section, the 
        Secretary shall give special consideration to applications 
        describing programs that--
                    ``(A) demonstrate the greatest need for new or 
                additional counseling services among the children in 
                the elementary schools served by the applicant;
                    ``(B) propose the most promising and innovative 
                approaches for initiating or expanding elementary 
                school counseling; and
                    ``(C) show the greatest potential for replication 
                and dissemination.
            ``(3) Equitable distribution.--In awarding grants under 
        this section, the Secretary shall ensure an equitable 
        geographic distribution among the regions of the United States 
        and among urban, suburban, and rural areas.
            ``(4) Duration.--A grant under this section shall be 
        awarded for a period not to exceed 3 years.
            ``(5) Maximum grant.--A grant under this section shall not 
        exceed $400,000 for any fiscal year.
    ``(b) Applications.--
            ``(1) In general.--Each local educational agency desiring a 
        grant under this section shall submit an application to the 
        Secretary at such time, in such manner, and accompanied by such 
        information as the Secretary may reasonably require.
            ``(2) Contents.--Each application for a grant under this 
        section shall--
                    ``(A) describe the elementary school population to 
                be targeted by the program, the particular personal, 
                social, emotional, educational, and career development 
                needs of such population, and the current school 
                counseling resources available for meeting such needs;
                    ``(B) describe the activities, services, and 
                training to be provided by the program and the specific 
                approaches to be used to meet the needs described in 
                subparagraph (A);
                    ``(C) describe the methods to be used to evaluate 
                the outcomes and effectiveness of the program;
                    ``(D) describe the collaborative efforts to be 
                undertaken with institutions of higher education, 
                businesses, labor organizations, community groups, 
                social service agencies, and other public or private 
                entities to enhance the program and promote school-
                linked services integration;
                    ``(E) describe collaborative efforts with 
                institutions of higher education which specifically 
                seek to enhance or improve graduate programs 
                specializing in the preparation of elementary school 
                counselors, school psychologists, and school social 
                workers;
                    ``(F) document that the applicant has the personnel 
                qualified to develop, implement, and administer the 
                program;
                    ``(G) describe how any diverse cultural 
                populations, if applicable, would be served through the 
                program;
                    ``(H) assure that the funds made available under 
                this section for any fiscal year will be used to 
                supplement and, to the extent practicable, increase the 
                level of funds that would otherwise be available from 
                non-Federal sources for the program described in the 
                application, and in no case supplant such funds from 
                non-Federal sources; and
                    ``(I) assure that the applicant will appoint an 
                advisory board composed of parents, school counselors, 
                school psychologists, school social workers, other 
                pupil services personnel, teachers, school 
                administrators, and community leaders to advise the 
                local educational agency on the design and 
                implementation of the program.
    ``(c) Use of Funds.--
            ``(1) In general.--Grant funds under this section shall be 
        used to initiate or expand elementary school counseling 
        programs that comply with the requirements in paragraph (2).
            ``(2) Program requirements.--Each program assisted under 
        this section shall--
                    ``(A) be comprehensive in addressing the personal, 
                social, emotional, and educational needs of all 
                students;
                    ``(B) use a developmental, preventive approach to 
                counseling;
                    ``(C) increase the range, availability, quantity, 
                and quality of counseling services in the elementary 
                schools of the local educational agency;
                    ``(D) expand counseling services only through 
                qualified school counselors, school psychologists, and 
                school social workers;
                    ``(E) use innovative approaches to increase 
                children's understanding of peer and family 
                relationships, work and self, decisionmaking, academic 
                and career planning, or to improve social functioning;
                    ``(F) provide counseling services that are well-
                balanced among classroom group and small group 
                counseling, individual counseling, and consultation 
                with parents, teachers, administrators, and other pupil 
                services personnel;
                    ``(G) include inservice training for school 
                counselors, school social workers, school 
                psychologists, other pupil services personnel, 
                teachers, and instructional staff;
                    ``(H) involve parents of participating students in 
                the design, implementation, and evaluation of a 
                counseling program;
                    ``(I) involve collaborative efforts with 
                institutions of higher education, businesses, labor 
                organizations, community groups, social service 
                agencies, or other public or private entities to 
                enhance the program and promote school-linked services 
                integration; and
                    ``(J) evaluate annually the effectiveness and 
                outcomes of the counseling services and activities 
                assisted under this section.
            ``(3) Report.--The Secretary shall issue a report 
        evaluating the programs assisted pursuant to each grant under 
        this subsection at the end of each grant period in accordance 
        with section 10201.
            ``(4) Dissemination.--The Secretary shall make the programs 
        assisted under this section available for dissemination, either 
        through the National Diffusion Network or other appropriate 
        means.
            ``(5) Limit on administration.--Not more than five percent 
        of the amounts made available under this section in any fiscal 
        year shall be used for administrative costs to carry out this 
        section.
    ``(d) Definitions.--For purposes of this section:
            ``(1) School counselor.--The term `school counselor' means 
        an individual who has documented competence in counseling 
        children and adolescents in a school setting and who--
                    ``(A) possesses State licensure or certification 
                granted by an independent professional regulatory 
                authority;
                    ``(B) in the absence of such State licensure or 
                certification, possesses national certification in 
                school counseling or a specialty of counseling granted 
                by an independent professional organization; or
                    ``(C) holds a minimum of a master's degree in 
                school counseling from a program accredited by the 
                Council for Accreditation of Counseling and Related 
                Educational Programs or the equivalent.
            ``(2) School psychologist.--The term `school psychologist' 
        means an individual who--
                    ``(A) possesses a minimum of 60 graduate semester 
                hours in school psychology from an institution of 
                higher education and has completed 1,200 clock hours in 
                a supervised school psychology internship, of which 600 
                hours shall be in the school setting;
                    ``(B) possesses State licensure or certification in 
                school psychology in the State in which the individual 
                works; or
                    ``(C) in the absence of such State licensure or 
                certification, possesses national certification by the 
                National School Psychology Certification Board.
            ``(3) School social worker.--The term `school social 
        worker' means an individual who--
                    ``(A)(i) holds a master's degree in social work 
                from a program accredited by the Council on Social Work 
                Education; and
                    ``(ii) is licensed or certified by the State in 
                which services are provided; or
                    ``(B) in the absence of such State licensure or 
                certification, possesses national certification as a 
                school social work specialist granted by an independent 
                professional organization.
            ``(4) Supervisor.--The term `supervisor' means an 
        individual who has the equivalent number of years of 
        professional experience in such individual's respective 
        discipline as is required of teaching experience for the 
        supervisor or administrative credential in the State of such 
        individual.

``SEC. 5705. SMALLER LEARNING COMMUNITIES.

    ``(a) Program Authorized.--
            ``(1) In general.--The Secretary may award grants to 
        eligible entities to support the development of smaller 
        learning communities.
            ``(2) Eligible entities.--In this section, the term 
        `eligible entity' means--
                    ``(A) a local educational agency;
                    ``(B) an elementary or secondary school;
                    ``(C) a Bureau funded school; or
                    ``(D) any of the entities described in subparagraph 
                (A), (B), or (C) in partnership with other public 
                agencies or private nonprofit organizations.
    ``(b) Applications.--A eligible entity desiring a grant under this 
section shall submit an application to the Secretary at such time, in 
such manner, and accompanied by such information as the Secretary may 
require. Each such application shall describe--
            ``(1) strategies and methods the applicant will use to 
        create the smaller learning community;
            ``(2) curriculum and instructional practices, including any 
        particular themes or emphases, to be used in the learning 
        environment;
            ``(3) the extent of involvement of teachers and other 
        school personnel in investigating, designing, implementing and 
        sustaining the smaller learning community;
            ``(4) the process to be used for involving students, 
        parents and other stakeholders in the development and 
        implementation of the smaller learning community;
            ``(5) any cooperation or collaboration among community 
        agencies, organizations, businesses, and others to develop or 
        implement a plan to create the smaller learning community;
            ``(6) the training and professional development activities 
        that will be offered to teachers and others involved in the 
        activities assisted under this section;
            ``(7) the goals and objectives of the activities assisted 
        under this section, including a description of how such 
        activities will better enable all students to reach challenging 
        State content standards and State student performance 
        standards;
            ``(8) the methods by which the applicant will assess 
        progress in meeting such goals and objectives;
            ``(9) if the smaller learning community exists as a school-
        within-a-school, the relationship, including governance and 
        administration, of the smaller learning community to the rest 
        of the school;
            ``(10) a description of the administrative and managerial 
        relationship between the applicant and the smaller learning 
        community, including how such applicant will demonstrate a 
        commitment to the continuity of the smaller learning community, 
        including the continuity of student and teacher assignment to a 
        particular learning community;
            ``(11) how the applicant will coordinate or use funds 
        provided under this section with other funds provided under 
        this Act or other Federal laws;
            ``(12) grade levels or ages of students who will 
        participate in the smaller learning community; and
            ``(13) the method of placing students in the smaller 
        learning community, such that students are not placed according 
        to ability, performance or any other measure, so that students 
        are placed at random or by their own choice, not pursuant to 
        testing or other judgments.
    ``(c) Authorized Activities.--Funds under this section may be 
used--
            ``(1) to study the feasibility of creating the smaller 
        learning community as well as effective and innovative 
        organizational and instructional strategies that will be used 
        in the smaller learning community;
            ``(2) to research, develop and implement strategies for 
        creating the smaller learning community, as well as effective 
        and innovative changes in curriculum and instruction, geared to 
        high State content standards and State student performance 
        standards;
            ``(3) to provide professional development for school staff 
        in innovative teaching methods that challenge and engage 
        students and will be used in the smaller learning community; 
        and
            ``(4) to develop and implement strategies to include 
        parents, business representatives, local institutions of higher 
        education, community-based organizations, and other community 
        members in the smaller learning communities, as facilitators of 
        activities that enable teachers to participate in professional 
        development activities, as well as to provide links between 
        students and their community.
    ``(d) Evaluation and Report.--A recipient of a grant under this 
section shall provide the Secretary with an annual report that contains 
a description of--
            ``(1) the specific uses of grants funds received under this 
        section; and
            ``(2) evidence of the impact of the grant on student 
        performance and school safety.

``SEC. 5706. NATIONAL STUDENT AND PARENT MOCK ELECTION.

    ``(a) In General.--The Secretary is authorized to award grants to 
national nonprofit, nonpartisan organizations that work to promote 
voter participation in American elections to enable such organizations 
to carry out voter education activities for students and their parents. 
Such activities shall--
            ``(1) be limited to simulated national elections that 
        permit participation by students and parents from all 50 States 
        in the United States and territories, including Department of 
        Defense Dependent schools and other international locales where 
        United States citizens are based; and
            ``(2) consist of--
                    ``(A) school forums and local cable call-in shows 
                on the national issues to be voted upon in an ``issue 
                forum'';
                    ``(B) speeches and debates before students and 
                parents by local candidates or stand-ins for such 
                candidates;
                    ``(C) quiz team competitions, mock press 
                conferences and speechwriting competitions;
                    ``(D) weekly meetings to follow the course of the 
                campaign; or
                    ``(E) school and neighborhood campaigns to increase 
                voter turnout, including newsletters, posters, 
                telephone chains, and transportation.
    ``(b) Requirements.--Each organization receiving a grant under this 
section shall--
            ``(1) present awards to outstanding student and parent mock 
        election projects; and
            ``(2) record all votes at least 5 days prior to the date of 
        the general election.

             ``PART H--ALLEN J. ELLENDER FELLOWSHIP PROGRAM

``SEC. 5801. PURPOSE.

    ``It is the purpose of this part to provide fellowships to students 
of limited economic means, recent immigrants, students of migrant 
parents, the teachers who work with such students, and older Americans, 
so that such students, teachers, and older Americans may participate in 
the programs supported by the Close Up Foundation in the name of Allen 
J. Ellender, a Senator from Louisiana and the President pro tempore of 
the Senate, whose distinguished career in public service was 
characterized by extraordinary energy and real concern for young 
people.

     ``Subpart 1--Program for Middle and Secondary School Students

``SEC. 5811. ESTABLISHMENT.

    ``(a) General Authority.--The Secretary is authorized to make 
grants in accordance with the provisions of this subpart to the Close 
Up Foundation of Washington, District of Columbia, a nonpartisan, 
nonprofit foundation, for the purpose of assisting the Close Up 
Foundation in carrying out its programs of increasing understanding of 
the Federal Government among middle and secondary school students.
    ``(b) Use of Funds.--Grants under this subpart shall be used only 
to provide financial assistance to economically disadvantaged students 
who participate in the programs described in subsection (a). Financial 
assistance received pursuant to this subpart by such students shall be 
known as Allen J. Ellender fellowships.

``SEC. 5812. APPLICATIONS.

    ``(a) Application Required.--No grant under this subpart may be 
made except upon an application at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
require.
    ``(b) Contents of Application.--Each such application shall contain 
provisions to assure--
            ``(1) that fellowship grants are made to economically 
        disadvantaged middle and secondary school students;
            ``(2) that every effort will be made to ensure the 
        participation of students from rural and small town areas, as 
        well as from urban areas, and that in awarding fellowships to 
        economically disadvantaged students, special consideration will 
        be given to the participation of students with special 
        educational needs, including student with disabilities, ethnic 
        minority students, and gifted and talented students; and
            ``(3) the proper disbursement of the funds received under 
        this subpart.

     ``Subpart 2--Program for Middle and Secondary School Teachers

``SEC. 5821. ESTABLISHMENT.

    ``(a) General Authority.--The Secretary is authorized to make 
grants in accordance with the provisions of this subpart to the Close 
Up Foundation of Washington, District of Columbia, a nonpartisan, 
nonprofit foundation, for the purpose of assisting the Close Up 
Foundation in carrying out its programs of teaching skills enhancement 
for middle and secondary school teachers.
    ``(b) Use of Funds.--Grants under this subpart shall be used only 
for financial assistance to teachers who participate in the programs 
described in subsection (a). Financial assistance received pursuant to 
this subpart by such individuals shall be known as Allen J. Ellender 
fellowships.

``SEC. 5822. APPLICATIONS.

    ``(a) Application Required.--No grant under this subpart may be 
made except upon an application at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
require.
    ``(b) Contents of Application.--Each such application shall contain 
provisions to assure--
            ``(1) that fellowship grants are made only to teachers who 
        have worked with at least one student from such teacher's 
        school who participates in the programs described in section 
        5811(a);
            ``(2) that not more than one teacher in each school 
        participating in the programs described in section 5811(a) may 
        receive a fellowship in any fiscal year; and
            ``(3) the proper disbursement of the funds received under 
        this subpart.

   ``Subpart 3--Programs for Recent Immigrants, Students of Migrant 
                      Parents and Older Americans

``SEC. 5831. ESTABLISHMENT.

    ``(a) General Authority.--
            ``(1) In general.--The Secretary is authorized to make 
        grants in accordance with the provisions of this subpart to the 
        Close Up Foundation of Washington, District of Columbia, a 
        nonpartisan, nonprofit foundation, for the purpose of assisting 
        the Close Up Foundation in carrying out its programs of 
        increasing understanding of the Federal Government among 
        economically disadvantaged older Americans, recent immigrants 
        and students of migrant parents.
            ``(2) Definition.--For the purpose of this subpart, the 
        term `older American' means an individual who has attained 55 
        years of age.
    ``(b) Use of Funds.--Grants under this subpart shall be used for 
financial assistance to economically disadvantaged older Americans, 
recent immigrants and students of migrant parents who participate in 
the programs described in subsection (a). Financial assistance received 
pursuant to this subpart by such individuals shall be known as Allen J. 
Ellender fellowships.

``SEC. 5832. APPLICATIONS.

    ``(a) Application Required.--No grant under this subpart may be 
made except upon application at such time, in such manner, and 
accompanied by such information as the Secretary may reasonably 
require.
    ``(b) Contents of Application.--Except such application shall 
contain provisions to assure--
            ``(1) that fellowship grants are made to economically 
        disadvantaged older Americans, recent immigrants and students 
        of migrant parents;
            ``(2) that every effort will be made to ensure the 
        participation of older Americans, recent immigrants and 
        students of migrant parents from rural and small town areas, as 
        well as from urban areas, and that in awarding fellowships, 
        special consideration will be given to the participation of 
        older Americans, recent immigrants and students of migrant 
        parents with special needs, including individuals with 
        disabilities, ethnic minorities, and gifted and talented 
        students;
            ``(3) that activities permitted by subsection (a) are fully 
        described; and
            ``(4) the proper disbursement of the funds received under 
        this subpart.

                    ``Subpart 4--General Provisions

``SEC. 5841. ADMINISTRATIVE PROVISIONS.

    ``(a) General Rule.--Payments under this part may be made in 
installments, in advance, or by way of reimbursement, with necessary 
adjustments on account of underpayment or overpayment.
    ``(b) Audit Rule.--The Comptroller General of the United States or 
any of the Comptroller General's duly authorized representatives shall 
have access for the purpose of audit and examination to any books, 
documents, papers, and records that are pertinent to any grant under 
this part.

``SEC. 5842. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out subparts 1, 2, and 3, $1,500,000 for fiscal year 2001 and such sums 
as may be necessary of each of the 4 succeeding fiscal years.
    (b) Special Rule.--Of the funds appropriated pursuant to subsection 
(a), not more than 30 percent may be used for teachers associated with 
students participating in the programs described in section 5811(a).

                  ``PART I--READY-TO-LEARN TELEVISION

``SEC. 5901. READY-TO-LEARN.

    ``(a) In General.--The Secretary is authorized to award grants to, 
or enter into contracts or cooperative agreements with, eligible 
entities described in section 5902(b) to develop, produce, and 
distribute educational and instructional video programming for 
preschool and elementary school children and their parents in order to 
facilitate the achievement of America's Education Goals.
    ``(b) Availability.--In making such grants, contracts, or 
cooperative agreements under subsection (a), the Secretary shall ensure 
that eligible entities make programming widely available, with support 
materials as appropriate, to young children, their parents, childcare 
workers, and Head Start providers to increase the effective use of such 
programming.

``SEC. 5902. EDUCATIONAL PROGRAMMING.

    ``(a) Awards.--The Secretary shall award grants, contracts, or 
cooperative agreements under section 5901 to eligible entities to--
            ``(1) facilitate the development directly, or through 
        contracts with producers of children and family educational 
        television programming, of--
                    ``(A) educational programming for preschool and 
                elementary school children; and
                    ``(B) accompanying support materials and services 
                that promote the effective use of such programming;
            ``(2) facilitate the development of programming and digital 
        content especially designed for nationwide distribution over 
        public television stations' digital broadcasting channels and 
        the Internet, containing Ready to Learn-based children's 
        programming and resources for parents and caregivers; and
            ``(3) enable eligible entities to contract with entities 
        (such as public telecommunications entities and those funded 
        under the Star Schools Act) so that programs developed under 
        this section are disseminated and distributed--
                    ``(A) to the widest possible audience appropriate 
                to be served by the programming; and
                    ``(B) by the most appropriate distribution 
                technologies.
    ``(b) Eligible Entities.--To be eligible to receive a grant, 
contract, or cooperative agreement under subsection (a), an entity 
shall be--
            ``(1) a public telecommunications entity that is able to 
        demonstrate a capacity for the development and national 
        distribution of educational and instructional television 
        programming of high quality for preschool and elementary school 
        children; and
            ``(2) able to demonstrate a capacity to contract with the 
        producers of children's television programming for the purpose 
        of developing educational television programming of high 
        quality for preschool and elementary school children.
    ``(c) Cultural Experiences.--Programming developed under this 
section shall reflect the recognition of diverse cultural experiences 
and the needs and experiences of both boys and girls in engaging and 
preparing young children for schooling.

``SEC. 5903. DUTIES OF SECRETARY.

    ``In carrying out this part, the Secretary may--
            ``(1) award grants, contracts, or cooperative agreements to 
        eligible entities described in section 5902(b), local public 
        television stations, or such public television stations that 
        are part of a consortium with 1 or more State educational 
        agencies, local educational agencies, local schools, 
        institutions of higher education, or community-based 
        organizations of demonstrated effectiveness, for the purpose 
        of--
                    ``(A) addressing the learning needs of young 
                children in limited English proficient households, and 
                developing appropriate educational and instructional 
                television programming to foster the school readiness 
                of such children;
                    ``(B) developing programming and support materials 
                to increase family literacy skills among parents to 
                assist parents in teaching their children and utilizing 
                educational television programming to promote school 
                readiness; and
                    ``(C) identifying, supporting, and enhancing the 
                effective use and outreach of innovative programs that 
                promote school readiness; and
                    ``(D) developing and disseminating training 
                materials, including--
                            ``(i) interactive programs and programs 
                        adaptable to distance learning technologies 
                        that are designed to enhance knowledge of 
                        children's social and cognitive skill 
                        development and positive adult-child 
                        interactions; and
                            ``(ii) support materials to promote the 
                        effective use of materials developed under 
                        subparagraph (B) among parents, Head Start 
                        providers, in-home and center-based daycare 
                        providers, early childhood development 
                        personnel, elementary school teachers, public 
                        libraries, and after- school program personnel 
                        caring for preschool and elementary school 
                        children;
            ``(2) establish within the Department a clearinghouse to 
        compile and provide information, referrals, and model program 
        materials and programming obtained or developed under this part 
        to parents, child care providers, and other appropriate 
        individuals or entities to assist such individuals and entities 
        in accessing programs and projects under this part; and
            ``(3) coordinate activities assisted under this part with 
        the Secretary of Health and Human Services in order to--
                    ``(A) maximize the utilization of quality 
                educational programming by preschool and elementary 
                school children, and make such programming widely 
                available to federally funded programs serving such 
                populations; and
                    ``(B) provide information to recipients of funds 
                under Federal programs that have major training 
                components for early childhood development, including 
                programs under the Head Start Act and Even Start, and 
                State training activities funded under the Child Care 
                and Development Block Grant Act of 1990, regarding the 
                availability and utilization of materials developed 
                under paragraph (1)(D) to enhance parent and child care 
                provider skills in early childhood development and 
                education.

``SEC. 5904. APPLICATIONS.

    ``Each entity desiring a grant, contract, or cooperative agreement 
under section 5901 or 5903 shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information as 
the Secretary may reasonably require.

``SEC. 5905. REPORTS AND EVALUATION.

    ``(a) Annual Report to the Secretary.--An eligible entity receiving 
funds under a grant, contract or cooperative agreement under section 
5901 shall prepare and submit to the Secretary an annual report that 
contains such information as the Secretary may require. At a minimum, 
the report shall describe the program activities undertaken with funds 
received under such grant, contract or cooperative agreement, 
including--
            ``(1) the programming that has been developed directly or 
        indirectly by the eligible entity, and the target population of 
        the programs developed;
            ``(2) the support materials that have been developed to 
        accompany the programming, and the method by which such 
        materials are distributed to consumers and users of the 
        programming;
            ``(3) the means by which programming developed under this 
        section has been distributed, including the distance learning 
        technologies that have been utilized to make programming 
        available and the geographic distribution achieved through such 
        technologies; and
            ``(4) the initiatives undertaken by the eligible entity to 
        develop public-private partnerships to secure non-Federal 
        support for the development, distribution and broadcast of 
        educational and instructional programming.
    ``(b) Report to Congress.--The Secretary shall prepare and submit 
to the relevant committees of Congress a biannual report that shall 
include--
            ``(1) a summary of activities assisted under section 
        5902(a); and
            ``(2) a description of the training materials made 
        available under section 5903(1)(D), the manner in which 
        outreach has been conducted to inform parents and childcare 
        providers of the availability of such materials, and the manner 
        in which such materials have been distributed in accordance 
        with such section.

``SEC. 5906. ADMINISTRATIVE COSTS.

    ``With respect to the implementation of section 5902, eligible 
entities receiving a grant, contract, or cooperative agreement from the 
Secretary may use not more than 5 percent of the amounts received under 
such grant, contract, or cooperative agreement for the normal and 
customary expenses of administering the grant, contract, or cooperative 
agreement.

``SEC. 5907. DEFINITION.

    ``For the purposes of this part, the term 'distance learning' means 
the transmission of educational or instructional programming to 
geographically dispersed individuals and groups via telecommunications.

``SEC. 5908. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated to carry 
out this part, $50,000,000 for fiscal year 2001, and such sums as may 
be necessary for each of the 4 succeeding fiscal years.
    ``(b) Funding Rule.--Not less than 60 percent of the amounts 
appropriated under subsection (a) for each fiscal year shall be used to 
carry out section 5902.

            ``PART J--INEXPENSIVE BOOK DISTRIBUTION PROGRAM

``SEC. 5951. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING 
              MOTIVATION.

    ``(a) Authorization.--The Secretary is authorized to enter into a 
contract with Reading is Fundamental (RIF) (hereafter in this section 
referred to as `the contractor') to support and promote programs, which 
include the distribution of inexpensive books to students, that 
motivate children to read.
    ``(b) Requirements of Contract.--Any contract entered into under 
subsection (a) shall--
            ``(1) provide that the contractor will enter into 
        subcontracts with local private nonprofit groups or 
        organizations, or with public agencies, under which each 
        subcontractor will agree to establish, operate, and provide the 
        non-Federal share of the cost of reading motivation programs 
        that include the distribution of books, by gift, to the extent 
        feasible, or loan, to children from birth through secondary 
        school age, including those in family literacy programs;
            ``(2) provide that funds made available to subcontractors 
        will be used only to pay the Federal share of the cost of such 
        programs;
            ``(3) provide that in selecting subcontractors for initial 
        funding, the contractor will give priority to programs that 
        will serve a substantial number or percentage of children with 
        special needs, such as--
                    ``(A) low-income children, particularly in high-
                poverty areas;
                    ``(B) children at risk of school failure;
                    ``(C) children with disabilities;
                    ``(D) foster children;
                    ``(E) homeless children;
                    ``(F) migrant children;
                    ``(G) children without access to libraries;
                    ``(H) institutionalized or incarcerated children; 
                and
                    ``(I) children whose parents are institutionalized 
                or incarcerated;
            ``(4) provide that the contractor will provide such 
        technical assistance to subcontractors as may be necessary to 
        carry out the purpose of this section;
            ``(5) provide that the contractor will annually report to 
        the Secretary the number of, and describe, programs funded 
        under paragraph (3); and
            ``(6) include such other terms and conditions as the 
        Secretary determines to be appropriate to ensure the 
        effectiveness of such programs.
    ``(c) Restriction on Payments.--The Secretary shall make no payment 
of the Federal share of the cost of acquiring and distributing books 
under any contract under this section unless the Secretary determines 
that the contractor or subcontractor, as the case may be, has made 
arrangements with book publishers or distributors to obtain books at 
discounts at least as favorable as discounts that are customarily given 
by such publisher or distributor for book purchases made under similar 
circumstances in the absence of Federal assistance.
    ``(d) Definition of `Federal Share'.--For the purpose of this 
section, the term `Federal share' means, with respect to the cost to a 
subcontractor of purchasing books to be paid under this section, 75 
percent of such costs to the subcontractor, except that the Federal 
share for programs serving children of migrant or seasonal farmworkers 
shall be 100 percent of such costs to the subcontractor.
    ``(e) Authorization of Appropriations.--For the purpose of carrying 
out this section, there are authorized to be appropriated $25,000,000 
for fiscal year 2001 and such sums as may be necessary for each of the 
four succeeding fiscal years.''.

              PART F--TECHNICAL AND CONFORMING AMENDMENTS

SEC. 561. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) General Education Provisions Act.--Section 441(a) of the 
General Education Provisions Act (20 U.S.C. 1232d(a)) is amended by 
striking ``shall submit (subject'' and all that follows through ``to 
the Secretary'' and inserting ``shall submit to the Secretary''.
    (b) School-to-Work Opportunities Act of 1994.--Section 502(b)(3) of 
the School-to-Work Opportunities Act of 1994 (20 U.S.C. 6212(b)(3)) is 
amended by striking ``part A of title V'' and inserting ``part C of 
title V''.
    (c) Title 31, United States Code.--Section 6703 of title 31, United 
States Code is amended by striking paragraph (1).

                     TITLE VI--INNOVATIVE EDUCATION

SEC. 601. INNOVATIVE EDUCATION.

    Title VI (20 U.S.C. 7301 et seq.) is amended to read as follows:

                    ``TITLE VI--INNOVATIVE EDUCATION

           ``PART A--INNOVATIVE EDUCATION PROGRAM STRATEGIES

``SEC. 6101. PURPOSE; STATE AND LOCAL RESPONSIBILITY.

    ``(a) Purpose.--The purpose of this part is--
            ``(1) to support local education reform efforts that are 
        consistent with and support statewide education reform efforts;
            ``(2) to support State and local efforts to accomplish 
        America's Education Goals;
            ``(3) to provide funding to enable State and local 
        educational agencies to implement promising educational reform 
        strategies;
            ``(4) to provide a continuing source of innovation and 
        educational improvement, including support for library services 
        and instructional and media materials; and
            ``(5) to develop and implement education programs to 
        improve school, student, and teacher performance, including 
        professional development activities and class size reduction 
        programs.
    ``(b) State and Local Responsibility.--The basic responsibility for 
the administration of funds made available under this part is within 
the State educational agencies, but it is the intent of Congress that 
the responsibility be carried out with a minimum of paperwork and that 
the responsibility for the design and implementation of programs 
assisted under this part will be mainly that of local educational 
agencies, school superintendents and principals, and classroom teachers 
and supporting personnel, because such agencies and individuals have 
the most direct contact with students and are most likely to be able to 
design programs to meet the educational needs of students in their own 
school districts.

``SEC. 6102. AUTHORIZATION OF APPROPRIATIONS; DURATION OF ASSISTANCE.

    ``(a) Authorization.--To carry out the purposes of this part, there 
are authorized to be appropriated $850,000,000 for fiscal year 2001 and 
such sums as may be necessary for each of the four succeeding fiscal 
years.
    ``(b) Duration of Assistance.--During the period beginning October 
1, 2001, and ending September 30, 2006, the Secretary shall, in 
accordance with the provisions of this part, make payments to State 
educational agencies for the purpose of this part.

``SEC. 6103. DEFINITION OF EFFECTIVE SCHOOLS PROGRAM.

    ``In this part the term `effective schools program' means a school-
based program that--
            ``(1) may encompass preschool through secondary school 
        levels; and
            ``(2) has the objectives of--
                    ``(A) promoting school-level planning, 
                instructional improvement, and staff development for 
                all personnel;
                    ``(B) increasing the academic performance levels of 
                all children and particularly educationally 
                disadvantaged children; and
                    ``(C) achieving as an ongoing condition in the 
                school the following factors identified through 
                effective schools research:
                            ``(i) Strong and effective administrative 
                        and instructional leadership.
                            ``(ii) A safe and orderly school 
                        environment that enables teachers and students 
                        to focus on academic performance.
                            ``(iii) Continuous assessment of students 
                        and initiatives to evaluate instructional 
                        techniques.

                 ``Subpart 1--State and Local Programs

``SEC. 6111. ALLOTMENT TO STATES.

    ``(a) Reservations.--From the sums appropriated to carry out this 
part in any fiscal year, the Secretary shall reserve not more than one 
percent for payments to outlying areas to be allotted in accordance 
with their respective needs.
    ``(b) Allotment.--From the remainder of such sums, the Secretary 
shall allot to each State an amount which bears the same ratio to the 
amount of such remainder as the school-age population of the State 
bears to the school-age population of all States, except that no State 
shall receive less than an amount equal to one-half of one percent of 
such remainder.
    ``(c) Definitions.--In this subpart:
            ``(1) School-age population.--The term `school-age 
        population' means the population aged 5 through 17.
            ``(2) State.--The term `State' includes the 50 States of 
        the United States, the District of Columbia, and the 
        Commonwealth of Puerto Rico.

``SEC. 6112. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) Formula.--From the sums made available each year to carry out 
this part, the State educational agency shall distribute not less than 
85 percent to local educational agencies within such State according to 
the relative enrollments in public and private elementary schools and 
secondary schools within the school districts of such agencies, 
adjusted, in accordance with criteria approved by the Secretary, to 
provide higher per pupil allocations to local educational agencies 
serving the greatest numbers or percentages of children whose education 
imposes a higher than average cost per child, such as--
            ``(1) children living in areas with high concentrations of 
        low-income families;
            ``(2) children from low-income families; and
            ``(3) children living in sparsely populated areas.
    ``(b) Calculation of Enrollments.--
            ``(1) In general.--The calculation of relative enrollments 
        under subsection (a) shall be on the basis of the total of--
                    ``(A) the number of children enrolled in public 
                schools; and
                    ``(B) the number of children enrolled in private 
                nonprofit schools that desire that their children 
                participate in programs or projects assisted under this 
                part, for the fiscal year preceding the fiscal year for 
                which the determination is made.
            ``(2) Construction.--Nothing in this subsection shall 
        diminish the responsibility of local educational agencies to 
        contact, on an annual basis, appropriate officials from private 
        nonprofit schools within the areas served by such agencies in 
        order to determine whether such schools desire that their 
        children participate in programs assisted under this part.
            ``(3) Adjustments.--
                    ``(A) In general.--Relative enrollments under 
                subsection (a) shall be adjusted, in accordance with 
                criteria approved by the Secretary under subparagraph 
                (B), to provide higher per pupil allocations only to 
                local educational agencies which serve the greatest 
                numbers or percentages of--
                            ``(i) children living in areas with high 
                        concentrations of low-income families;
                            ``(ii) children from low-income families; 
                        or
                            ``(iii) children living in sparsely 
                        populated areas.
                    ``(B) Criteria.--The Secretary shall review 
                criteria submitted by a State educational agency for 
                adjusting allocations under subparagraph (A) and shall 
                approve such criteria only if the Secretary determines 
                that such criteria are reasonably calculated to produce 
                an adjusted allocation that reflects the relative needs 
                within the State's local educational agencies based on 
                the factors set forth in subparagraph (A).
    ``(c) Payment of Allocations.--
            ``(1) Distribution.--From the funds paid to a State 
        educational agency pursuant to section 6111 for a fiscal year, 
        a State educational agency shall distribute to each eligible 
        local educational agency which has submitted an application as 
        required in section 6133 the amount of such local educational 
        agency's allocation as determined under subsection (a).
            ``(2) Additional funds.--
                    ``(A) In general.--Additional funds resulting from 
                higher per pupil allocations provided to a local 
                educational agency on the basis of adjusted enrollments 
                of children described in subsection (a), may, at the 
                discretion of the local educational agency, be 
                allocated for expenditures to provide services for 
                children enrolled in public and private nonprofit 
                schools in direct proportion to the number of children 
                described in subsection (a) and enrolled in such 
                schools within the local educational agency.
                    ``(B) Requirement.--In any fiscal year, any local 
                educational agency that elects to allocate such 
                additional funds in the manner described in 
                subparagraph (A) shall allocate all additional funds to 
                schools within the local educational agency in such 
                manner.
                    ``(C) Construction.--The provisions of 
                subparagraphs (A) and (B) may not be construed to 
                require any school to limit the use of such additional 
                funds to the provision of services to specific students 
                or categories of students.

                      ``Subpart 2--State Programs

``SEC. 6121. STATE USES OF FUNDS.

    ``(a) Authorized Activities.--A State educational agency may use 
funds made available for State use under this part only for--
            ``(1) State administration of programs under this part 
        including--
                    ``(A) supervision of the allocation of funds to 
                local educational agencies;
                    ``(B) planning, supervision, and processing of 
                State funds; and
                    ``(C) monitoring and evaluation of programs and 
                activities under this part;
            ``(2) support for planning, designing, and initial 
        implementation of charter schools as described in part D of 
        title V;
            ``(3) support for designing and implementation of high-
        quality yearly student assessments;
            ``(4) support for implementation of State and local 
        standards; and
            ``(5) technical assistance and direct grants to local 
        educational agencies and statewide education reform activities 
        including effective schools programs which assist local 
        educational agencies to provide targeted assistance.
    ``(b) Limitations and Requirements.--Not more than 15 percent of 
funds available for State programs under this part in any fiscal year 
may be used for State administration under subsection (a)(1).

``SEC. 6122. STATE APPLICATIONS.

    ``(a) Application Requirements.--Any State which desires to receive 
assistance under this part shall submit to the Secretary an application 
which--
            ``(1) designates the State educational agency as the State 
        agency responsible for administration and supervision of 
        programs assisted under this part;
            ``(2) provides for a biennial submission of data on the use 
        of funds, the types of services furnished, and the students 
        served under this part;
            ``(3) sets forth the allocation of such funds required to 
        implement section 6142;
            ``(4) provides that the State educational agency will keep 
        such records and provide such information to the Secretary as 
        may be required for fiscal audit and program evaluation 
        (consistent with the responsibilities of the Secretary under 
        this section);
            ``(5) provides assurances that, apart from technical and 
        advisory assistance and monitoring compliance with this part, 
        the State educational agency has not exercised and will not 
        exercise any influence in the decisionmaking processes of local 
        educational agencies as to the expenditure made pursuant to an 
        application under section 6133;
            ``(6) contains assurances that there is compliance with the 
        specific requirements of this part; and
            ``(7) provides for timely public notice and public 
        dissemination of the information provided pursuant to paragraph 
        (2).
    ``(b) Period of Application.--An application filed by the State 
under subsection (a) shall be for a period not to exceed three years, 
and may be amended annually as may be necessary to reflect changes 
without filing a new application.
    ``(c) Audit Rule.--A local educational agency that receives less 
than an average of $10,000 under this part for 3 fiscal years shall not 
be audited more frequently than once every 5 years.

            ``Subpart 3--Local Innovative Education Programs

``SEC. 6131. TARGETED USE OF FUNDS.

    ``(a) General Rule.--Funds made available to local educational 
agencies under section 6112 shall be used for innovative assistance 
described in subsection (b).
    ``(b) Innovative Assistance.--
            ``(1) In general.--The innovative assistance programs 
        referred to in subsection (a) include--
                    ``(A) programs for the acquisition and use of 
                instructional and educational materials, including 
                library services and materials (including media 
                materials), assessments, and other curricular materials 
                that--
                    ``(B) programs to improve teaching and learning, 
                including professional development activities, that are 
                consistent with comprehensive State and local systemic 
                education reform efforts;
                    ``(C) activities that encourage and expand 
                improvements throughout the local educational agency 
                that are designed to advance student performance;
                    ``(D) initiatives to generate, maintain, and 
                strengthen parental and community involvement, 
                including initiatives creating activities for school-
                age children and activities to meet the educational 
                needs of children aged birth through 5;
                    ``(E) programs to recruit, hire, and train 
                certified teachers (including teachers certified 
                through State and local alternative routes) in order to 
                reduce class size;
                    ``(F) programs to improve the academic performance 
                of educationally disadvantaged elementary school and 
                secondary school students, including activities to 
                prevent students from dropping out of school;
                    ``(G) programs and activities that expand learning 
                opportunities through best practice models designed to 
                improve classroom learning and teaching;
                    ``(H) programs to combat both student and parental 
                illiteracy;
                    ``(I) technology activities related to the 
                implementation of school-based reform efforts, 
                including professional development to assist teachers 
                and other school personnel (including school library 
                media personnel) regarding how to effectively use 
                technology in the classrooms and the school library 
                media centers involved;
                    ``(J) school improvement programs or activities 
                under section 1116 or 1117;
                    ``(K) programs to provide for the educational needs 
                of gifted and talented children;
                    ``(L) programs to provide same gender schools and 
                classrooms, if equal educational opportunities are made 
                available to students of both sexes, consistent with 
                the Constitution of the United States of America;
                    ``(M) service learning activities; and
                    ``(N) school safety programs.
            ``(2) Requirements.--The innovative assistance programs 
        referred to in subsection (a) shall be--
                    ``(A) tied to promoting high academic standards;
                    ``(B) used to improve student performance; and
                    ``(C) part of an overall education reform strategy.

``SEC. 6132. ADMINISTRATIVE AUTHORITY.

    ``In order to conduct the activities authorized by this part, each 
State or local educational agency may use funds made available under 
this part to make grants to and to enter into contracts with local 
educational agencies, institutions of higher education, libraries, 
museums, and other public and private nonprofit agencies, 
organizations, and institutions.

``SEC. 6133. LOCAL APPLICATIONS.

    ``(a) Contents of Application.--A local educational agency or 
consortium of such agencies may receive an allocation of funds under 
this part for any year for which an application is submitted to the 
State educational agency and such application is certified to meet the 
requirements of this section. The State educational agency shall 
certify any such application if such application--
            ``(1)(A) sets forth the planned allocation of funds among 
        innovative assistance programs described in section 6131 and 
        describes the programs, projects, and activities designed to 
        carry out such innovative assistance which the local 
        educational agency intends to support, together with the 
        reasons for the selection of such programs, projects, and 
        activities; and
            ``(B) sets forth the allocation of such funds required to 
        implement section 6142;
            ``(2) describes how assistance under this part will 
        contribute to meeting America's Education Goals and improving 
        student achievement or improving the quality of education for 
        students;
            ``(3) provides assurances of compliance with the provisions 
        of this part, including the participation of children enrolled 
        in private, nonprofit schools in accordance with section 6142;
            ``(4) agrees to keep such records, and provide such 
        information to the State educational agency as reasonably may 
        be required for fiscal audit and program evaluation, consistent 
        with the responsibilities of the State educational agency under 
        this part; and
            ``(5) provides in the allocation of funds for the 
        assistance authorized by this part, and in the design, 
        planning, and implementation of such programs, for systematic 
        consultation with parents of children attending elementary 
        schools and secondary schools in the area served by the local 
        educational agency, with teachers and administrative personnel 
        in such schools, and with other groups involved in the 
        implementation of this part (such as librarians, school 
        counselors, and other pupil services personnel) as may be 
        considered appropriate by the local educational agency.
    ``(b) Period of Application.--An application filed by a local 
educational agency under subsection (a) shall be for a period not to 
exceed three fiscal years, may provide for the allocation of funds to 
programs for a period of three years, and may be amended annually as 
may be necessary to reflect changes without filing a new application.
    ``(c) Local Educational Agency Discretion.--Subject to the 
limitations and requirements of this part, a local educational agency 
shall have complete discretion in determining how funds under this 
subpart shall be divided among the areas of targeted assistance. In 
exercising such discretion, a local educational agency shall ensure 
that expenditures under this subpart carry out the purposes of this 
part and are used to meet the educational needs within the schools of 
such local educational agency.

             ``Subpart 4--General Administrative Provisions

``SEC. 6141. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.

    ``(a) Maintenance of Effort.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        State is entitled to receive its full allocation of funds under 
        this part for any fiscal year if the Secretary finds that 
        either the combined fiscal effort per student or the aggregate 
        expenditures within the State with respect to the provision of 
        free public education for the fiscal year preceding the fiscal 
        year for which the determination is made was not less than 90 
        percent of such combined fiscal effort or aggregate 
        expenditures for the second fiscal year preceding the fiscal 
        year for which the determination is made.
            ``(2) Reduction of funds.--The Secretary shall reduce the 
        amount of the allocation of funds under this part in any fiscal 
        year in the exact proportion to which the State fails to meet 
        the requirements of paragraph (1) by falling below 90 percent 
        of both the fiscal effort per student and aggregate 
        expenditures (using the measure most favorable to the State), 
        and no such lesser amount shall be used for computing the 
        effort required under paragraph (1) for subsequent years.
            ``(3) Waivers.--The Secretary may waive, for one fiscal 
        year only, the requirements of this section if the Secretary 
        determines that such a waiver would be equitable due to 
        exceptional or uncontrollable circumstances such as a natural 
        disaster or a precipitous and unforeseen decline in the 
        financial resources of the State.
    ``(b) Federal Funds Supplementary.--A State or local educational 
agency may use and allocate funds received under this part only so as 
to supplement and, to the extent practical, increase the level of funds 
that would, in the absence of Federal funds made available under this 
part, be made available from non-Federal sources, and in no case may 
such funds be used so as to supplant funds from non-Federal sources.

``SEC. 6142. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

    ``(a) Participation on Equitable Basis.--
            ``(1) In general.--To the extent consistent with the number 
        of children in the school district of a local educational 
        agency which is eligible to receive funds under this part or 
        which serves the area in which a program or project assisted 
        under this part is located who are enrolled in private 
        nonprofit elementary and secondary schools, or with respect to 
        instructional or personnel training programs funded by the 
        State educational agency from funds made available for State 
        use, such agency, after consultation with appropriate private 
        school officials, shall provide for the benefit of such 
        children in such schools secular, neutral, and nonideological 
        services, materials, and equipment, including the participation 
        of the teachers of such children (and other educational 
        personnel serving such children) in training programs, and the 
        repair, minor remodeling, or construction of public facilities 
        as may be necessary for their provision (consistent with 
        subsection (c) of this section), or, if such services, 
        materials, and equipment are not feasible or necessary in one 
        or more such private schools as determined by the local 
        educational agency after consultation with the appropriate 
        private school officials, shall provide such other arrangements 
        as will assure equitable participation of such children in the 
        purposes and benefits of this part.
            ``(2) Other provisions for services.--If no program or 
        project is carried out under paragraph (1) in the school 
        district of a local educational agency, the State educational 
        agency shall make arrangements, such as through contracts with 
        nonprofit agencies or organizations, under which children in 
        private schools in such district are provided with services and 
        materials to the extent that would have occurred if the local 
        educational agency had received funds under this part.
            ``(3) Application of requirements.--The requirements of 
        this section relating to the participation of children, 
        teachers, and other personnel serving such children shall apply 
        to programs and projects carried out under this part by a State 
        or local educational agency, whether directly or through grants 
        to or contracts with other public or private agencies, 
        institutions, or organizations.
    ``(b) Equal Expenditures.--Expenditures for programs pursuant to 
subsection (a) shall be equal (consistent with the number of children 
to be served) to expenditures for programs under this part for children 
enrolled in the public schools of the local educational agency, taking 
into account the needs of the individual children and other factors 
which relate to such expenditures, and when funds available to a local 
educational agency under this part are used to concentrate programs or 
projects on a particular group, attendance area, or grade or age level, 
children enrolled in private schools who are included within the group, 
attendance area, or grade or age level selected for such concentration 
shall, after consultation with the appropriate private school 
officials, be assured equitable participation in the purposes and 
benefits of such programs or projects.
    ``(c) Funds.--
            ``(1) Administration of funds and property.--The control of 
        funds provided under this part, and title to materials, 
        equipment, and property repaired, remodeled, or constructed 
        with such funds, shall be in a public agency for the uses and 
        purposes provided in this part, and a public agency shall 
        administer such funds and property.
            ``(2) Provision of services.--The provision of services 
        pursuant to this part shall be provided by employees of a 
        public agency or through contract by such public agency with a 
        person, an association, agency, or corporation who or which, in 
        the provision of such services, is independent of such private 
        school and of any religious organizations, and such employment 
        or contract shall be under the control and supervision of such 
        public agency, and the funds provided under this part shall not 
        be commingled with State or local funds.
    ``(d) State Prohibition Waiver.--If by reason of any provision of 
law a State or local educational agency is prohibited from providing 
for the participation in programs of children enrolled in private 
elementary schools and secondary schools, as required by this section, 
the Secretary shall waive such requirements and shall arrange for the 
provision of services to such children through arrangements which shall 
be subject to the requirements of this section.
    ``(e) Waiver and Provision of Services.--
            ``(1) Failure to comply.--If the Secretary determines that 
        a State or a local educational agency has substantially failed 
        or is unwilling to provide for the participation on an 
        equitable basis of children enrolled in private elementary 
        schools and secondary schools as required by this section, the 
        Secretary may waive such requirements and shall arrange for the 
        provision of services to such children through arrangements 
        which shall be subject to the requirements of this section.
            ``(2) Withholding of allocation.--Pending final resolution 
        of any investigation or complaint that could result in a 
        determination under this subsection or subsection (d), the 
        Secretary may withhold from the allocation of the affected 
        State or local educational agency the amount estimated by the 
        Secretary to be necessary to pay the cost of those services.
    ``(f) Determination.--Any determination by the Secretary under this 
section shall continue in effect until the Secretary determines that 
there will no longer be any failure or inability on the part of the 
State or local educational agency to meet the requirements of 
subsections (a) and (b).
    ``(g) Payment From State Allotment.--When the Secretary arranges 
for services pursuant to this section, the Secretary shall, after 
consultation with the appropriate public and private school officials, 
pay the cost of such services, including the administrative costs of 
arranging for those services, from the appropriate allotment of the 
State under this part.
    ``(h) Review.--
            ``(1) Written objections.--The Secretary shall not take any 
        final action under this section until the State educational 
        agency and the local educational agency affected by such action 
        have had an opportunity, for not less than 45 days after 
        receiving written notice thereof, to submit written objections 
        and to appear before the Secretary or the Secretary's designee 
        to show cause why that action should not be taken.
            ``(2) Court action.--If a State or local educational agency 
        is dissatisfied with the Secretary's final action after a 
        proceeding under paragraph (1), such agency may, not later than 
        60 days after notice of such action, file with the United 
        States court of appeals for the circuit in which such State is 
        located a petition for review of that action. A copy of the 
        petition shall be transmitted by the clerk of the court to the 
        Secretary. The Secretary thereupon shall file in the court the 
        record of the proceedings on which the Secretary based this 
        action, as provided in section 2112 of title 28, United States 
        Code.
            ``(3) Remand to secretary.--The findings of fact by the 
        Secretary, if supported by substantial evidence, shall be 
        conclusive; but the court, for good cause shown, may remand the 
        case to the Secretary to take further evidence and the 
        Secretary may make new or modified findings of fact and may 
        modify the Secretary's previous action, and shall file in the 
        court the record of the further proceedings. Such new or 
        modified findings of fact shall likewise be conclusive if 
        supported by substantial evidence.
            ``(4) Court review.--Upon the filing of such petition, the 
        court shall have jurisdiction to affirm the action of the 
        Secretary or to set such action aside, in whole or in part. The 
        judgment of the court shall be subject to review by the Supreme 
        Court of the United States upon certiorari or certification as 
        provided in section 1254 of title 28, United States Code.
    ``(i) Prior Determination.--Any bypass determination by the 
Secretary under chapter 2 of part I of this Act (as such chapter was in 
effect on the day preceding the date of enactment of the Improving 
America's Schools Act of 1994) shall, to the extent consistent with the 
purposes of this part, apply to programs under this part.

``SEC. 6143. FEDERAL ADMINISTRATION.

    ``(a) Technical Assistance.--The Secretary, upon request, shall 
provide technical assistance to State and local educational agencies 
under this part.
    ``(b) Rulemaking.--The Secretary shall issue regulations under this 
part to the extent that such regulations are necessary to ensure that 
there is compliance with the specific requirements and assurances 
required by this part.
    ``(c) Availability of Appropriations.--Notwithstanding any other 
provision of law, unless expressly in limitation of this subsection, 
funds appropriated in any fiscal year to carry out activities under 
this part shall become available for obligation on July 1 of such 
fiscal year and shall remain available for obligation until the end of 
the subsequent fiscal year.

                  ``PART B--RURAL EDUCATION INITIATIVE

``SEC. 6203. SHORT TITLE.

    ``This part may be cited as the `Rural Education Achievement 
Program'.

``SEC. 6202. PURPOSE.

    ``It is the purpose of this part to address the unique needs of 
rural school districts that frequently--
            ``(1) lack the personnel and resources needed to compete 
        for Federal competitive grants; and
            ``(2) receive formula allocations in amounts too small to 
        be effective in meeting their intended purposes.

``SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part--
            ``(1) $125,000,000 for fiscal year 2001, of which 
        $62,500,000 shall be made available to carry out subpart 1; and
            ``(2) such sums as may be necessary for each of the 5 
        succeeding fiscal years.

          ``Subpart 1--Small, Rural School Achievement Program

``SEC. 6211. FORMULA GRANT PROGRAM AUTHORIZED.

    ``(a) Alternative Uses.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, an eligible local educational agency may use the 
        applicable funding, that the agency is eligible to receive from 
        the State educational agency for a fiscal year, to carry out 
        innovative assistance activities described in section 6131(b).
            ``(2) Notification.--An eligible local educational agency 
        shall notify the State educational agency of the local 
        educational agency's intention to use the applicable funding in 
        accordance with paragraph (1) not later than a date that is 
        established by the State educational agency for the 
        notification.
    ``(b) Eligibility.--A local educational agency shall be eligible to 
use the applicable funding in accordance with subsection (a) if--
            ``(1) the total number of students in average daily 
        attendance at all of the schools served by the local 
        educational agency is less than 600; and
            ``(2) all of the schools served by the local educational 
        agency are designated with a School Locale Code of 7, as 
        determined by the Secretary of Education.
    ``(c) Applicable Funding.--In this section, the term `applicable 
funding' means funds provided under each of titles II, IV, and VI.
    ``(d) Disbursal.--Each State educational agency that receives 
applicable funding for a fiscal year shall disburse the applicable 
funding to local educational agencies for alternative uses under this 
section for the fiscal year at the same time that the State educational 
agency disburses the applicable funding to local educational agencies 
that do not intend to use the applicable funding for such alternative 
uses for the fiscal year.
    ``(e) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement and not supplant any other Federal, 
State, or local education funds.
    ``(f) Special Rule.--References in Federal law to funds for the 
provisions of law set forth in subsection (c) may be considered to be 
references to funds for this section.
    ``(g) Construction.--Nothing in this subpart shall be construed to 
prohibit a local educational agency that enters into cooperative 
arrangements with other local educational agencies for the provision of 
special, compensatory, or other education services pursuant to State 
law or a written agreement from entering into similar arrangements for 
the use or the coordination of the use of the funds made available 
under this section.

``SEC. 6212. COMPETITIVE GRANT PROGRAM AUTHORIZED.

    ``(a) In General.--The Secretary is authorized to award grants to 
eligible local educational agencies to enable the local educational 
agencies to carry out innovative assistance activities described in 
section 6131(b).
    ``(b) Eligibility.--A local educational agency shall be eligible to 
receive a grant under this section if--
            ``(1) the total number of students in average daily 
        attendance at all of the schools served by the local 
        educational agency is less than 600; and
            ``(2) all of the schools served by the local educational 
        agency are designated with a School Locale Code of 7, as 
        determined by the Secretary of Education.
    ``(c) Amount.--
            ``(1) In general.--The Secretary shall award a grant to a 
        local educational agency under this section for a fiscal year 
        in an amount equal to the amount determined under paragraph (2) 
        for the fiscal year minus the total amount received under the 
        provisions of law described under section 6211(c) for the 
        fiscal year.
            ``(2) Determination.--The amount referred to in paragraph 
        (1) is equal to $100 multiplied by the total number of students 
        in excess of 50 students that are in average daily attendance 
        at the schools served by the local educational agency, plus 
        $20,000, except that the amount may not exceed $60,000.
            ``(3) Census determination.--
                    ``(A) In general.--Each local educational agency 
                desiring a grant under this section shall conduct a 
                census not later than December 1 of each year to 
                determine the number of kindergarten through grade 12 
                students in average daily attendance at the schools 
                served by the local educational agency.
                    ``(B) Submission.--Each local educational agency 
                shall submit the number described in subparagraph (A) 
                to the Secretary not later than March 1 of each year.
            ``(4) Penalty.--If the Secretary determines that a local 
        educational agency has knowingly submitted false information 
        under paragraph (3) for the purpose of gaining additional funds 
        under this section, then the local educational agency shall be 
        fined an amount equal to twice the difference between the 
        amount the local educational agency received under this 
        section, and the correct amount the local educational agency 
        would have received under this section if the agency had 
        submitted accurate information under paragraph (3).
    ``(d) Disbursal.--The Secretary shall disburse the funds awarded to 
a local educational agency under this section for a fiscal year not 
later than July 1 of that year.
    ``(e) Supplement Not Supplant.--Funds made available under this 
section shall be used to supplement and not supplant any other Federal, 
State, or local education funds.
    ``(f) Construction.--Nothing in this subpart shall be construed to 
prohibit a local educational agency that enters into cooperative 
arrangements with other local educational agencies for the provision of 
special, compensatory, or other education services pursuant to State 
law or a written agreement from entering into similar arrangements for 
the use or the coordination of the use of the funds made available 
under this section.

``SEC. 6213. ACCOUNTABILITY.

    ``(a) Academic Achievement.--
            ``(1) In general.--Each local educational agency that uses 
        or receives funds under section 6211 or 6212 for a fiscal year 
        shall--
                    ``(A) administer an assessment that is used 
                statewide and is consistent with the assessment 
                described in section 1111(b), to assess the academic 
                achievement of students in the schools served by the 
                local educational agency; or
                    ``(B) in the case of a local educational agency for 
                which there is no statewide assessment described in 
                subparagraph (A), administer a test, that is selected 
                by the local educational agency, to assess the academic 
                achievement of students in the schools served by the 
                local educational agency.
            ``(2) Special rule.--Each local educational agency that 
        uses or receives funds under section 6211 or 6212 shall use the 
        same assessment or test described in paragraph (1) for each 
        year of participation in the program carried out under such 
        section.
    ``(b) State Educational Agency Determination Regarding Continuing 
Participation.--Each State educational agency that receives funding 
under the provisions of law described in section 6211(c) shall--
            ``(1) after the fifth year that a local educational agency 
        in the State participates in a program authorized under section 
        6211 or 6212 and on the basis of the results of the assessments 
        or tests described in subsection (a), determine whether the 
        students served by the local educational agency participating 
        in the program performed better on the assessments or tests 
        after the fifth year of the participation than the students 
        performed on the assessments or tests after the first year of 
        the participation;
            ``(2) permit only the local educational agencies that 
        participated in the program and served students that performed 
        better on the assessments or tests, as described in paragraph 
        (1), to continue to participate in the program for an 
        additional period of 5 years; and
            ``(3) prohibit the local educational agencies that 
        participated in the program and served students that did not 
        perform better on the assessments or tests, as described in 
        paragraph (1), from participating in the program, for a period 
        of 5 years from the date of the determination.

``SEC. 6214. RATABLE REDUCTIONS IN CASE OF INSUFFICIENT APPROPRIATIONS.

    ``(a) In General.--If the amount appropriated for any fiscal year 
and made available for grants under this subpart is insufficient to pay 
the full amount for which all agencies are eligible under this subpart, 
the Secretary shall ratably reduce each such amount.
    ``(b) Additional Amounts.--If additional funds become available for 
making payments under paragraph (1) for such fiscal year, payments that 
were reduced under subsection (a) shall be increased on the same basis 
as such payments were reduced.

            ``Subpart 2--Low-Income and Rural School Program

``SEC. 6221. DEFINITIONS.

    ``In this subpart:
            ``(1) Poverty line.--The term `poverty line' means the 
        poverty line (as defined by the Office of Management and 
        Budget, and revised annually in accordance with section 673(2) 
        of the Community Services Block Grant Act (42 U.S.C. 9902(2))) 
        applicable to a family of the size involved.
            ``(2) Specially qualified agency.--The term `specially 
        qualified agency' means an eligible local educational agency, 
        located in a State that does not participate in a program 
        carried out under this subpart for a fiscal year, which may 
        apply directly to the Secretary for a grant for such year in 
        accordance with section 6222(b).

``SEC. 6222. PROGRAM AUTHORIZED.

    ``(a) Grants to States.--
            ``(1) In general.--From the sum appropriated under section 
        6203 for a fiscal year and made available to carry out this 
        subpart, the Secretary shall award grants, from allotments made 
        under paragraph (2), to State educational agencies that have 
        applications approved under section 6224 to enable the State 
        educational agencies to award grants to eligible local 
        educational agencies for innovative assistance activities 
        described in section 6131(b).
            ``(2) Allotment.--From the sum appropriated under section 
        6203 for a fiscal year and made available to carry out this 
        subpart, the Secretary shall allot to each State educational 
        agency an amount that bears the same ratio to the sum as the 
        number of students in average daily attendance at the schools 
        served by eligible local educational agencies in the State for 
        that fiscal year bears to the number of all such students at 
        the schools served by eligible local educational agencies in 
        all States for that fiscal year.
    ``(b) Direct Grants to Specially Qualified Agencies.--
            ``(1) Nonparticipating state.--If a State educational 
        agency elects not to participate in the program carried out 
        under this subpart or does not have an application approved 
        under section 6224, a specially qualified agency in such State 
        desiring a grant under this subpart shall apply directly to the 
        Secretary under section 6224 to receive a grant under this 
        subpart.
            ``(2) Direct awards to specially qualified agencies.--The 
        Secretary may award, on a competitive basis, the amount the 
        State educational agency is eligible to receive under 
        subsection (a)(2) directly to specially qualified agencies in 
        the State.
    ``(c) Administrative Costs.--A State educational agency that 
receives a grant under this subpart may not use more than 5 percent of 
the amount of the grant for State administrative costs.

``SEC. 6223. STATE DISTRIBUTION OF FUNDS.

    ``(a) In General.--A State educational agency that receives a grant 
under this subpart may use the funds made available through the grant 
to award grants to eligible local educational agencies to enable the 
local educational agencies to carry out innovative assistance 
activities described in section 6131(b).
    ``(b) Local Awards.--
            ``(1) Eligibility.--A local educational agency shall be 
        eligible to receive a grant under this subpart if--
                    ``(A) 20 percent or more of the children age 5 
                through 17 that are served by the local educational 
                agency are from families with incomes below the poverty 
                line; and
                    ``(B) all of the schools served by the agency are 
                located in a community with a Rural-Urban Continuum 
                Code of 6, 7, 8, or 9, as determined by the Secretary 
                of Agriculture.
    ``(c) Award Basis.--The State educational agency shall award the 
grants to eligible local educational agencies--
            ``(1) on a competitive basis; or
            ``(2) according to a formula based on the number of 
        students in average daily attendance at schools served by the 
        eligible local educational agencies.

``SEC. 6224. APPLICATIONS.

    ``(a) In General.--Each State educational agency and specially 
qualified agency desiring to receive a grant under this subpart shall 
submit an application to the Secretary at such time, in such manner, 
and accompanied by such information as the Secretary may require.
    ``(b) Contents.--At a minimum, such application shall include 
information on specific measurable goals and objectives to be achieved 
through the activities carried out through the grant, which may include 
specific educational goals and objectives relating to--
            ``(1) increased student academic achievement;
            ``(2) decreased student dropout rates; or
            ``(3) such other factors as the State educational agency or 
        specially qualified agency may choose to measure.

``SEC. 6225. ACCOUNTABILITY.

    ``(a) State Reports.--Each State educational agency that receives a 
grant under this subpart shall prepare and submit to the Secretary an 
annual report. The report shall describe--
            ``(1) the method the State educational agency used to award 
        grants to eligible local educational agencies under this 
        subpart;
            ``(2) how the local educational agencies used the funds 
        provided under this subpart; and
            ``(3) the degree to which the State made progress toward 
        meeting the goals and objectives described in the application 
        submitted under section 6224.
    ``(b) Specially Qualified Agency Report.--Each specially qualified 
agency that receives a grant under this subpart shall prepare and 
submit to the Secretary an annual report. The report shall describe--
            ``(1) how such agency used the funds provided under this 
        subpart; and
            ``(2) the degree to which the agency made progress toward 
        meeting the goals and objectives described in the application 
        submitted under section 6224.
    ``(c) Academic Achievement.--
            ``(1) In general.--Each local educational agency that 
        receives a grant under this subpart for a fiscal year shall--
                    ``(A) administer an assessment that is used 
                statewide and is consistent with the assessment 
                described in section 1111(b), to assess the academic 
                achievement of students in the schools served by the 
                local educational agency; or
                    ``(B) in the case of a local educational agency for 
                which there is no statewide assessment described in 
                subparagraph (A), administer a test, that is selected 
                by the local educational agency, to assess the academic 
                achievement of students in the schools served by the 
                local educational agency.
            ``(2) Special Rule.--Each local educational agency that 
        receives a grant under this subpart shall use the same 
        assessment or test described in paragraph (1) for each year of 
        participation in the program carried out under this subpart.
    ``(d) State Educational Agency Determination Regarding Continuing 
Participation.--Each State educational agency that receives a grant 
under this subpart shall--
            ``(1) after the fifth year that a local educational agency 
        in the State participates in the program authorized under this 
        subpart and on the basis of the results of the assessments or 
        tests described in subsection (c), determine whether the 
        students served by the local educational agency participating 
        in the program performed better on the assessments or tests 
        after the fifth year of the participation than the students 
        performed on the assessments or tests after the first year of 
        the participation;
            ``(2) permit only the local educational agencies that 
        participated in the program and served students that performed 
        better on the assessments or tests, as described in paragraph 
        (1), to continue to participate in the program for an 
        additional period of 5 years; and
            ``(3) prohibit the local educational agencies that 
        participated in the program and served students that did not 
        perform better on the assessments or tests, as described in 
        paragraph (1), from participating in the program for a period 
        of 5 years from the date of the determination.

``SEC. 6226. SUPPLEMENT NOT SUPPLANT.

    ``Funds made available under this subpart shall be used to 
supplement and not supplant any other Federal, State, or local 
education funds.

``SEC. 6227. SPECIAL RULE.

    ``No local educational agency may concurrently participate in 
activities carried out under subpart 1 and activities carried out under 
this subpart.

              ``PART C--EDUCATION FLEXIBILITY PARTNERSHIPS

``SEC. 6301. SHORT TITLE.

    ``This part may be cited as the `Education Flexibility Partnership 
Act of 2000'.

``SEC. 6302. DEFINITIONS.

    ``In this part:
            ``(1) Eligible school attendance area; school attendance 
        area.--The terms `eligible school attendance area' and `school 
        attendance area' have the meanings given the terms in section 
        1113(a)(2).
            ``(2) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, and each outlying area.

``SEC. 6303. EDUCATION FLEXIBILITY PARTNERSHIP.

    ``(a) Educational Flexibility Program.--
            ``(1) Program authorized.--
                    ``(A) In general.--The Secretary may carry out an 
                educational flexibility program under which the 
                Secretary authorizes a State educational agency that 
                serves an eligible State to waive statutory or 
                regulatory requirements applicable to one or more 
                programs described in subsection (b), other than 
                requirements described in subsection (c), for any local 
                educational agency or school within the State.
                    ``(B) Designation.--Each eligible State 
                participating in the program described in subparagraph 
                (A) shall be known as an `Ed-Flex Partnership State'.
            ``(2) Eligible state.--For the purpose of this section the 
        term `eligible State' means a State that--
                    ``(A) has--
                            ``(i) developed and implemented the 
                        challenging State content standards, 
                        challenging State student performance 
                        standards, and aligned assessments described in 
                        section 1111(b), and for which local 
                        educational agencies in the State are producing 
                        the individual school performance profiles 
                        required by section 1116(a)(3); or
                            ``(ii)(I) developed and implemented the 
                        content standards described in clause (i);
                            ``(II) developed and implemented interim 
                        assessments; and
                            ``(III) made substantial progress (as 
                        determined by the Secretary) toward developing 
                        and implementing the performance standards and 
                        final aligned assessments described in clause 
                        (i), and toward having local educational 
                        agencies in the State produce the profiles 
                        described in clause (i);
                    ``(B) holds local educational agencies and schools 
                accountable for meeting the educational goals described 
                in the local applications submitted under paragraph 
                (4), and for engaging in technical assistance and 
                corrective actions consistent with section 1116, for 
                the local educational agencies and schools that do not 
                make adequate yearly progress as described in section 
                1111(b)(2); and
                    ``(C) waives State statutory or regulatory 
                requirements relating to education while holding local 
                educational agencies or schools within the State that 
                are affected by such waivers accountable for the 
                performance of the students who are affected by such 
                waivers.
            ``(3) State application.--
                    ``(A) In general.--Each State educational agency 
                desiring to participate in the educational flexibility 
                program under this section shall submit an application 
                to the Secretary at such time, in such manner, and 
                containing such information as the Secretary may 
                reasonably require. Each such application shall 
                demonstrate that the eligible State has adopted an 
                educational flexibility plan for the State that 
                includes--
                            ``(i) a description of the process the 
                        State educational agency will use to evaluate 
                        applications from local educational agencies or 
                        schools requesting waivers of--
                                    ``(I) Federal statutory or 
                                regulatory requirements as described in 
                                paragraph (1)(A); and
                                    ``(II) State statutory or 
                                regulatory requirements relating to 
                                education;
                            ``(ii) a detailed description of the State 
                        statutory and regulatory requirements relating 
                        to education that the State educational agency 
                        will waive;
                            ``(iii) a description of clear educational 
                        objectives the State intends to meet under the 
                        educational flexibility plan;
                            ``(iv) a description of how the educational 
                        flexibility plan is consistent with and will 
                        assist in implementing the State comprehensive 
                        reform plan or, if a State does not have a 
                        comprehensive reform plan, a description of how 
                        the educational flexibility plan is coordinated 
                        with activities described in section 1111(b);
                            ``(v) a description of how the State 
                        educational agency will evaluate, consistent 
                        with the requirements of title I, the 
                        performance of students in the schools and 
                        local educational agencies affected by the 
                        waivers; and
                            ``(vi) a description of how the State 
                        educational agency will meet the requirements 
                        of paragraph (8).
                    ``(B) Approval and considerations.--The Secretary 
                may approve an application described in subparagraph 
                (A) only if the Secretary determines that such 
                application demonstrates substantial promise of 
                assisting the State educational agency and affected 
                local educational agencies and schools within the State 
                in carrying out comprehensive educational reform, after 
                considering--
                            ``(i) the eligibility of the State as 
                        described in paragraph (2);
                            ``(ii) the comprehensiveness and quality of 
                        the educational flexibility plan described in 
                        subparagraph (A);
                            ``(iii) the ability of the educational 
                        flexibility plan to ensure accountability for 
                        the activities and goals described in such 
                        plan;
                            ``(iv) the degree to which the State's 
                        objectives described in subparagraph (A)(iii)--
                                    ``(I) are clear and have the 
                                ability to be assessed; and
                                    ``(II) take into account the 
                                performance of local educational 
                                agencies or schools, and students, 
                                particularly those affected by waivers;
                            ``(v) the significance of the State 
                        statutory or regulatory requirements relating 
                        to education that will be waived; and
                            ``(vi) the quality of the State educational 
                        agency's process for approving applications for 
                        waivers of Federal statutory or regulatory 
                        requirements as described in paragraph (1)(A) 
                        and for monitoring and evaluating the results 
                        of such waivers.
            ``(4) Local application.--
                    ``(A) In general.--Each local educational agency or 
                school requesting a waiver of a Federal statutory or 
                regulatory requirement as described in paragraph (1)(A) 
                and any relevant State statutory or regulatory 
                requirement from a State educational agency shall 
                submit an application to the State educational agency 
                at such time, in such manner, and containing such 
                information as the State educational agency may 
                reasonably require. Each such application shall--
                            ``(i) indicate each Federal program 
                        affected and each statutory or regulatory 
                        requirement that will be waived;
                            ``(ii) describe the purposes and overall 
                        expected results of waiving each such 
                        requirement;
                            ``(iii) describe, for each school year, 
                        specific, measurable, educational goals for 
                        each local educational agency or school 
                        affected by the proposed waiver, and for the 
                        students served by the local educational agency 
                        or school who are affected by the waiver;
                            ``(iv) explain why the waiver will assist 
                        the local educational agency or school in 
                        reaching such goals; and
                            ``(v) in the case of an application from a 
                        local educational agency, describe how the 
                        local educational agency will meet the 
                        requirements of paragraph (8).
                    ``(B) Evaluation of applications.--A State 
                educational agency shall evaluate an application 
                submitted under subparagraph (A) in accordance with the 
                State's educational flexibility plan described in 
                paragraph (3)(A).
                    ``(C) Approval.--A State educational agency shall 
                not approve an application for a waiver under this 
                paragraph unless--
                            ``(i) the local educational agency or 
                        school requesting such waiver has developed a 
                        local reform plan that is applicable to such 
                        agency or school, respectively;
                            ``(ii) the waiver of Federal statutory or 
                        regulatory requirements as described in 
                        paragraph (1)(A) will assist the local 
                        educational agency or school in reaching its 
                        educational goals, particularly goals with 
                        respect to school and student performance; and
                            ``(iii) the State educational agency is 
                        satisfied that the underlying purposes of the 
                        statutory requirements of each program for 
                        which a waiver is granted will continue to be 
                        met.
                    ``(D) Termination.--The State educational agency 
                shall annually review the performance of any local 
                educational agency or school granted a waiver of 
                Federal statutory or regulatory requirements as 
                described in paragraph (1)(A) in accordance with the 
                evaluation requirement described in paragraph 
                (3)(A)(v), and shall terminate any waiver granted to 
                the local educational agency or school if the State 
                educational agency determines, after notice and an 
                opportunity for a hearing, that the local educational 
                agency or school's performance with respect to meeting 
                the accountability requirement described in paragraph 
                (2)(C) and the goals described in paragraph 
                (4)(A)(iii)--
                            ``(i) has been inadequate to justify 
                        continuation of such waiver; or
                            ``(ii) has decreased for two consecutive 
                        years, unless the State educational agency 
                        determines that the decrease in performance was 
                        justified due to exceptional or uncontrollable 
                        circumstances.
            ``(5) Oversight and reporting.--
                    ``(A) Oversight.--Each State educational agency 
                participating in the educational flexibility program 
                under this section shall annually monitor the 
                activities of local educational agencies and schools 
                receiving waivers under this section.
                    ``(B) State reports.--
                            ``(i) Annual reports.--The State 
                        educational agency shall submit to the 
                        Secretary an annual report on the results of 
                        such oversight and the impact of the waivers on 
                        school and student performance.
                            ``(ii) Performance data.--Not later than 2 
                        years after the date a State is designated an 
                        Ed-Flex Partnership State, each such State 
                        shall include, as part of the State's annual 
                        report submitted under clause (i), data 
                        demonstrating the degree to which progress has 
                        been made toward meeting the State's 
                        educational objectives. The data, when 
                        applicable, shall include--
                                    ``(I) information on the total 
                                number of waivers granted for Federal 
                                and State statutory and regulatory 
                                requirements under this section, 
                                including the number of waivers granted 
                                for each type of waiver;
                                    ``(II) information describing the 
                                effect of the waivers on the 
                                implementation of State and local 
                                educational reforms pertaining to 
                                school and student performance;
                                    ``(III) information describing the 
                                relationship of the waivers to the 
                                performance of schools and students 
                                affected by the waivers; and
                                    ``(IV) an assurance from State 
                                program managers that the data reported 
                                under this section are reliable, 
                                complete, and accurate, as defined by 
                                the State, or a description of a plan 
                                for improving the reliability, 
                                completeness, and accuracy of such data 
                                as defined by the State.
                    ``(C) Secretary's reports.--The Secretary, not 
                later than 2 years after the date of enactment of the 
                Education Flexibility Partnership Act of 1999 and 
                annually thereafter, shall--
                            ``(i) make each State report submitted 
                        under subparagraph (B) available to Congress 
                        and the public; and
                            ``(ii) submit to Congress a report that 
                        summarizes the State reports and describes the 
                        effects that the educational flexibility 
                        program under this section had on the 
                        implementation of State and local educational 
                        reforms and on the performance of students 
                        affected by the waivers.
            ``(6) Duration of federal waivers.--
                    ``(A) In general.--The Secretary shall not approve 
                the application of a State educational agency under 
                paragraph (3) for a period exceeding 5 years, except 
                that the Secretary may extend such period if the 
                Secretary determines that such agency's authority to 
                grant waivers--
                            ``(i) has been effective in enabling such 
                        State or affected local educational agencies or 
                        schools to carry out their State or local 
                        reform plans and to continue to meet the 
                        accountability requirement described in 
                        paragraph (2)(C); and
                            ``(ii) has improved student performance.
                    ``(B) Performance review.--Three years after the 
                date a State is designated an Ed-Flex Partnership 
                State, the Secretary shall review the performance of 
                the State educational agency in granting waivers of 
                Federal statutory or regulatory requirements as 
                described in paragraph (1)(A) and shall terminate such 
                agency's authority to grant such waivers if the 
                Secretary determines, after notice and an opportunity 
                for a hearing, that such agency's performance 
                (including performance with respect to meeting the 
                objectives described in paragraph (3)(A)(iii)) has been 
                inadequate to justify continuation of such authority.
                    ``(C) Renewal.--In deciding whether to extend a 
                request for a State educational agency's authority to 
                issue waivers under this section, the Secretary shall 
                review the progress of the State educational agency to 
                determine if the State educational agency--
                            ``(i) has made progress toward achieving 
                        the objectives described in the application 
                        submitted pursuant to paragraph (3)(A)(iii); 
                        and
                            ``(ii) demonstrates in the request that 
                        local educational agencies or schools affected 
                        by the waiver authority or waivers have made 
                        progress toward achieving the desired results 
                        described in the application submitted pursuant 
                        to paragraph (4)(A)(iii).
            ``(7) Authority to issue waivers.--Notwithstanding any 
        other provision of law, the Secretary is authorized to carry 
        out the educational flexibility program under this section for 
        each of the fiscal years 1999 through 2004.
            ``(8) Public notice and comment.--Each State educational 
        agency seeking waiver authority under this section and each 
        local educational agency seeking a waiver under this section--
                    ``(A) shall provide the public with adequate and 
                efficient notice of the proposed waiver authority or 
                waiver, consisting of a description of the agency's 
                application for the proposed waiver authority or waiver 
                in a widely read or distributed medium, including a 
                description of any improved student performance that is 
                expected to result from the waiver authority or waiver;
                    ``(B) shall provide the opportunity for parents, 
                educators, and all other interested members of the 
                community to comment regarding the proposed waiver 
                authority or waiver;
                    ``(C) shall provide the opportunity described in 
                subparagraph (B) in accordance with any applicable 
                State law specifying how the comments may be received, 
                and how the comments may be reviewed by any member of 
                the public; and
                    ``(D) shall submit the comments received with the 
                agency's application to the Secretary or the State 
                educational agency, as appropriate.
    ``(b) Included Programs.--The statutory or regulatory requirements 
referred to in subsection (a)(1)(A) are any such requirements for 
programs carried out under the following provisions:
            ``(1) Title I (other than subsections (a) and (c) of 
        section 1116).
            ``(2) Subparts 1, 2, and 3 of part A of title II.
            ``(3) Subpart 2 of part A of title V (other than section 
        5136).
            ``(4) Part A of title IV.
            ``(5) Part A of title VI.
            ``(6) Part C of title VII.
            ``(7) The Carl D. Perkins Vocational and Technical 
        Education Act of 1998.
    ``(c) Waivers Not Authorized.--The Secretary and the State 
educational agency may not waive under subsection (a)(1)(A) any 
statutory or regulatory requirement--
            ``(1) relating to--
                    ``(A) maintenance of effort;
                    ``(B) comparability of services;
                    ``(C) equitable participation of students and 
                professional staff in private schools;
                    ``(D) parental participation and involvement;
                    ``(E) distribution of funds to States or to local 
                educational agencies;
                    ``(F) serving eligible school attendance areas in 
                rank order under section 1113(a)(3);
                    ``(G) the selection of a school attendance area or 
                school under subsections (a) and (b) of section 1113, 
                except that a State educational agency may grant a 
                waiver to allow a school attendance area or school to 
                participate in activities under part A of title I if 
                the percentage of children from low-income families in 
                the school attendance area of such school or who attend 
                such school is not less than 10 percentage points below 
                the lowest percentage of such children for any school 
                attendance area or school of the local educational 
                agency that meets the requirements of such subsections 
                (a) and (b);
                    ``(H) use of Federal funds to supplement, not 
                supplant, non-Federal funds; and
                    ``(I) applicable civil rights requirements; and
            ``(2) unless the underlying purposes of the statutory 
        requirements of the program for which a waiver is granted 
        continue to be met to the satisfaction of the Secretary.
    ``(d) Treatment of Existing Ed-Flex Partnership States.--
            ``(1) In general.--Except as provided in paragraphs (3) and 
        (4), this section shall not apply to a State educational agency 
        that has been granted waiver authority under the provisions of 
        law described in paragraph (2) (as such provisions were in 
        effect on the day before the date of enactment of the 
        Educational Opportunities Act) for the duration of the waiver 
        authority.
            ``(2) Applicable provisions.--The provisions of law 
        referred to in paragraph (1) are as follows:
                    ``(A) Section 311(e) of the Goals 2000: Educate 
                America Act (as such section was in effect on the day 
                before the date of enactment of the Educational 
                Opportunities Act).
                    ``(B) The proviso referring to such section 311(e) 
                under the heading `education reform' in the Department 
                of Education Appropriations Act, 1996 (Public Law 104-
                134; 110 Stat. 1321-229).
            ``(3) Special rule.--If a State educational agency granted 
        waiver authority pursuant to the provisions of law described in 
        subparagraph (A) or (B) of paragraph (2) applies to the 
        Secretary for waiver authority under this section--
                    ``(A) the Secretary shall review the progress of 
                the State educational agency in achieving the 
                objectives set forth in the application submitted 
                pursuant to section 311(e) of the Goals 2000: Educate 
                America Act (as such section was in effect on the day 
                before the date of enactment of the Educational 
                Opportunities Act); and
                    ``(B) the Secretary shall administer the waiver 
                authority granted under this section in accordance with 
                the requirements of this section.
            ``(4) Technology.--In the case of a State educational 
        agency granted waiver authority under the provisions of law 
        described in subparagraph (A) or (B) of paragraph (2), the 
        Secretary shall permit a State educational agency to expand, on 
        or after the date of the enactment of the Educational 
        Opportunities Act, the waiver authority to include programs 
        under subpart 2 of part A of title V (other than section 5136).
    ``(e) Publication.--A notice of the Secretary's decision to 
authorize State educational agencies to issue waivers under this 
section, including a description of the rationale the Secretary used to 
approve applications under subsection (a)(3)(B), shall be published in 
the Federal Register and the Secretary shall provide for the 
dissemination of such notice to State educational agencies, interested 
parties (including educators, parents, students, and advocacy and civil 
rights organizations), and the public.

   ``PART D--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

``SEC. 6401. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR ELEMENTARY 
              AND SECONDARY EDUCATION PROGRAMS.

    ``(a) Consolidation of Administrative Funds.--
            ``(1) In general.--A State educational agency may 
        consolidate the amounts specifically made available to such 
        agency for State administration under one or more of the 
        programs specified under paragraph (2) if such State 
        educational agency can demonstrate that the majority of such 
        agency's resources come from non-Federal sources.
            ``(2) Applicability.--This section applies to programs 
        under title I, those covered programs described in 
        subparagraphs (C), (D), (E), and (F) of section 3(10).
    ``(b) Use of Funds.--
            ``(1) In general.--A State educational agency shall use the 
        amount available under this section for the administration of 
        the programs included in the consolidation under subsection 
        (a).
            ``(2) Additional uses.--A State educational agency may also 
        use funds available under this section for administrative 
        activities designed to enhance the effective and coordinated 
        use of funds under the programs included in the consolidation 
        under subsection (a), such as--
                    ``(A) the coordination of such programs with other 
                Federal and non-Federal programs;
                    ``(B) the establishment and operation of peer-
                review mechanisms under this Act;
                    ``(C) the coordinated administration of such 
                programs;
                    ``(D) the dissemination of information regarding 
                model programs and practices; and
                    ``(E) technical assistance under programs specified 
                in subsection (a)(2).
    ``(c) Records.--A State educational agency that consolidates 
administrative funds under this section shall not be required to keep 
separate records, by individual program, to account for costs relating 
to the administration of programs included in the consolidation under 
subsection (a).
    ``(d) Review.--To determine the effectiveness of State 
administration under this section, the Secretary may periodically 
review the performance of State educational agencies in using 
consolidated administrative funds under this section and take such 
steps as the Secretary finds appropriate to ensure the effectiveness of 
such administration.
    ``(e) Unused Administrative Funds.--If a State educational agency 
does not use all of the funds available to such agency under this 
section for administration, such agency may use such funds during the 
applicable period of availability as funds available under one or more 
programs included in the consolidation under subsection (a).
    ``(f) Consolidation of Funds for Standards and Assessment 
Development.--In order to develop challenging State standards and 
assessments, a State educational agency may consolidate the amounts 
made available to such agency for such purposes under title I of this 
Act.

``SEC. 6402. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

    ``A State educational agency that also serves as a local 
educational agency, in such agency's applications or plans under this 
Act, shall describe how such agency will eliminate duplication in the 
conduct of administrative functions.

``SEC. 6403. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.

    ``(a) General Authority.--In accordance with regulations of the 
Secretary, a local educational agency, with the approval of its State 
educational agency, may consolidate and use for the administration of 
one or more covered programs for any fiscal year not more than the 
percentage, established in each covered program, of the total amount 
available to the local educational agency under such covered programs.
    ``(b) State Procedures.--Not later than one year after the date of 
enactment of the Educational Opportunities Act, a State educational 
agency shall, in collaboration with local educational agencies in the 
State, establish procedures for responding to requests from local 
educational agencies to consolidate administrative funds under 
subsection (a) and for establishing limitations on the amount of funds 
under covered programs that may be used for administration on a 
consolidated basis.
    ``(c) Conditions.--A local educational agency that consolidates 
administrative funds under this section for any fiscal year shall not 
use any other funds under the programs included in the consolidation 
for administration for that fiscal year.
    ``(d) Uses of Administrative Funds.--A local educational agency 
that consolidates administrative funds under this section may use such 
consolidated funds for the administration of covered programs and for 
the uses described in section 6401(b)(2).
    ``(e) Records.--A local educational agency that consolidates 
administrative funds under this section shall not be required to keep 
separate records, by individual covered program, to account for costs 
relating to the administration of covered programs included in the 
consolidation.

``SEC. 6404. ADMINISTRATIVE FUNDS EVALUATION.

    ``(a) Federal Funds Evaluation.--
            ``(1) In general.--The Secretary shall conduct an 
        evaluation of the use of funds under this Act for the 
        administration, by State and local educational agencies, of all 
        covered programs, including the percentage of grant funds used 
        for such purpose in all covered programs. The evaluation shall 
        examine--
                    ``(A) the methods employed by schools, local 
                educational agencies, and State educational agencies to 
                reduce administrative expenses and maximize the use of 
                funds for activities directly affecting student 
                learning; and
                    ``(B) the steps which may be taken to assist 
                schools, local educational agencies, and State 
                educational agencies to account for and reduce 
                administrative expenses.
            ``(2) State data.--Beginning in fiscal year 2001 and each 
        succeeding fiscal year thereafter, each State educational 
        agency which receives funds under title I shall submit to the 
        Secretary a report on the use of title I funds for the State 
        administration of activities assisted under title I. Such 
        report shall include the proportion of State administrative 
        funds provided under section 1603 that are expended for--
                    ``(A) basic program operation and compliance 
                monitoring;
                    ``(B) statewide program services such as 
                development of standards and assessments, curriculum 
                development, and program evaluation; and
                    ``(C) technical assistance and other direct support 
                to local educational agencies and schools.
            ``(3) Federal funds evaluation report.--The Secretary shall 
        complete the evaluation conducted under this section not later 
        than July 1, 2004, and shall submit to the President and the 
        appropriate committees of Congress a report regarding such 
        evaluation within 30 days of the completion of such evaluation.

``SEC. 6405. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR 
              FUNDS.

    ``(a) General Authority.--
            ``(1) Transfer.--The Secretary shall transfer to the 
        Department of the Interior, as a consolidated amount for 
        covered programs, the Indian education programs under part A of 
        title IX, and the education for homeless children and youth 
        program under subtitle B of title VII of the Stewart B. 
        McKinney Homeless Assistance Act, the amounts allotted to the 
        Department of the Interior under those programs.
            ``(2) Agreement.--
                    ``(A) In general.--The Secretary and the Secretary 
                of the Interior shall enter into an agreement, 
                consistent with the requirements of the programs 
                specified in paragraph (1), for the distribution and 
                use of those program funds under terms that the 
                Secretary determines best meet the purposes of those 
                programs.
                    ``(B) Requirements.--The agreement shall--
                            ``(i) set forth the plans of the Secretary 
                        of the Interior for the use of the amount 
                        transferred, the steps to be taken to achieve 
                        America's Education Goals, and performance 
                        measures to assess program effectiveness, 
                        including measurable goals and objectives; and
                            ``(ii) be developed in consultation with 
                        Indian tribes.
    ``(b) Administration.--The Department of the Interior may use not 
more than 1.5 percent of the funds consolidated under this section for 
such department's costs related to the administration of the funds 
transferred under this section.

``SEC. 6406. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

    ``(a) Unneeded Program Funds.--With the approval of its State 
educational agency, a local educational agency that determines for any 
fiscal year that funds under a covered program (other than part A of 
title I) are not needed for the purpose of that covered program, may 
use such funds, not to exceed five percent of the total amount of such 
local educational agency's funds under that covered program, for the 
purpose of another covered program.
    ``(b) Coordination of Services.--A local educational agency, 
individual school, or consortium of schools may use a total of not more 
than five percent of the funds such agency, school, or consortium, 
respectively, receives under this part for the establishment and 
implementation of a coordinated services project.

``PART E--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS 
                            AND APPLICATIONS

``SEC. 6501. PURPOSE.

    ``It is the purpose of this part to improve teaching and learning 
by encouraging greater cross-program coordination, planning, and 
service delivery under this Act and enhanced integration of programs 
under this Act with educational activities carried out with State and 
local funds.

``SEC. 6502. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.

    ``(a) General Authority.--
            ``(1) Simplification.--In order to simplify application 
        requirements and reduce the burden for State educational 
        agencies under this Act, the Secretary, in accordance with 
        subsection (b), shall establish procedures and criteria under 
        which a State educational agency may submit a consolidated 
        State plan or a consolidated State application meeting the 
        requirements of this section for--
                    ``(A) each of the covered programs in which the 
                State participates; and
                    ``(B) the additional programs described in 
                paragraph (2).
            ``(2) Additional programs.--A State educational agency may 
        also include in its consolidated State plan or consolidated 
        State application--
                    ``(A) the Even Start program under part B of title 
                I;
                    ``(B) the Prevention and Intervention Programs for 
                Youth Who Are Neglected, Delinquent, or At-Risk of 
                Dropping Out under part D of title I;
                    ``(C) programs under Public Law 103-239; and
                    ``(D) such other programs as the Secretary may 
                designate.
            ``(3) Consolidated applications and plans.--A State 
        educational agency that submits a consolidated State plan or a 
        consolidated State application under this section shall not be 
        required to submit separate State plans or applications under 
        any of the programs to which the consolidated State plan or 
        consolidated State application under this section applies.
    ``(b) Collaboration.--
            ``(1) In general.--In establishing criteria and procedures 
        under this section, the Secretary shall collaborate with State 
        educational agencies and, as appropriate, with other State 
        agencies, local educational agencies, public and private 
        nonprofit agencies, organizations, and institutions, private 
        schools, and representatives of parents, students, and 
        teachers.
            ``(2) Contents.--Through the collaborative process 
        described in subsection (b)(1), the Secretary shall establish, 
        for each program under this Act to which this section applies, 
        the descriptions, information, assurances, and other material 
        required to be included in a consolidated State plan or 
        consolidated State application.
            ``(3) Necessary materials.--The Secretary shall require 
        only descriptions, information, assurances, and other materials 
        that are absolutely necessary for the consideration of the 
        consolidated State plan or consolidated State application.

``SEC. 6503. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY 
              ASSURANCES.

    ``(a) Assurances.--A State educational agency that submits a 
consolidated State plan or consolidated State application under this 
Act, whether separately or under section 6502, shall have on file with 
the Secretary a single set of assurances, applicable to each program 
for which such plan or application is submitted, that provides that--
            ``(1) each such program will be administered in accordance 
        with all applicable statutes, regulations, program plans, and 
        applications;
            ``(2)(A) the control of funds provided under each such 
        program and title to property acquired with program funds will 
        be in a public agency, in a nonprofit private agency, 
        institution, or organization, or in an Indian tribe if the law 
        authorizing the program provides for assistance to such 
        entities; and
            ``(B) the public agency, nonprofit private agency, 
        institution, or organization, or Indian tribe will administer 
        such funds and property to the extent required by the 
        authorizing law;
            ``(3) the State will adopt and use proper methods of 
        administering each such program, including--
                    ``(A) the enforcement of any obligations imposed by 
                law on agencies, institutions, organizations, and other 
                recipients responsible for carrying out each program;
                    ``(B) the correction of deficiencies in program 
                operations that are identified through audits, 
                monitoring, or evaluation; and
                    ``(C) the adoption of written procedures for the 
                receipt and resolution of complaints alleging 
                violations of law in the administration of such 
                programs;
            ``(4) the State will cooperate in carrying out any 
        evaluation of each such program conducted by or for the 
        Secretary or other Federal officials;
            ``(5) the State will use such fiscal control and fund 
        accounting procedures as will ensure proper disbursement of, 
        and accounting for, Federal funds paid to the State under each 
        such program;
            ``(6) the State will--
                    ``(A) make reports to the Secretary as may be 
                necessary to enable the Secretary to perform the 
                Secretary's duties under each such program; and
                    ``(B) maintain such records, provide such 
                information to the Secretary, and afford access to the 
                records as the Secretary may find necessary to carry 
                out the Secretary's duties; and
            ``(7) before the plan or application was submitted to the 
        Secretary, the State has afforded a reasonable opportunity for 
        public comment on the plan or application and has considered 
        such comment.
    ``(b) GEPA Provision.--Section 441 of the General Education 
Provisions Act shall not apply to this part.

``SEC. 6504. ADDITIONAL COORDINATION.

    ``(a) Additional Coordination.--In order to explore ways for State 
educational agencies to reduce administrative burdens and promote the 
coordination of the education services of this Act with other health 
and social service programs administered by such agencies, the 
Secretary is directed to seek agreements with other Federal agencies 
(including the Departments of Health and Human Services, Justice, Labor 
and Agriculture) for the purpose of establishing procedures and 
criteria under which a State educational agency would submit a 
consolidated State plan or consolidated State application that meets 
the requirements of the covered programs.
    ``(b) Report.--The Secretary shall report to the relevant 
committees of Congress not later than 6 months after the date of 
enactment of the Educational Opportunities Act.

``SEC. 6505. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

    ``(a) General Authority.--A local educational agency receiving 
funds under more than one covered program may submit plans or 
applications to the State educational agency under such programs on a 
consolidated basis.
    ``(b) Required Consolidated Plans or Applications.--A State 
educational agency that has submitted and had approved a consolidated 
State plan or application under section 6502 may require local 
educational agencies in the State receiving funds under more than one 
program included in the consolidated State plan or consolidated State 
application to submit consolidated local plans or applications under 
such programs.
    ``(c) Collaboration.--A State educational agency shall collaborate 
with local educational agencies in the State in establishing procedures 
for the submission of the consolidated State plans or consolidated 
State applications under this section.
    ``(d) Necessary Materials.--The State educational agency shall 
require only descriptions, information, assurances, and other material 
that are absolutely necessary for the consideration of the local 
educational agency plan or application.

``SEC. 6506. OTHER GENERAL ASSURANCES.

    ``(a) Assurances.--Any applicant other than a State educational 
agency that submits a plan or application under this Act, whether 
separately or pursuant to section 6504, shall have on file with the 
State educational agency a single set of assurances, applicable to each 
program for which a plan or application is submitted, that provides 
that--
            ``(1) each such program will be administered in accordance 
        with all applicable statutes, regulations, program plans, and 
        applications;
            ``(2)(A) the control of funds provided under each such 
        program and title to property acquired with program funds will 
        be in a public agency or in a nonprofit private agency, 
        institution, organization, or Indian tribe, if the law 
        authorizing the program provides for assistance to such 
        entities; and
            ``(B) the public agency, nonprofit private agency, 
        institution, or organization, or Indian tribe will administer 
        such funds and property to the extent required by the 
        authorizing statutes;
            ``(3) the applicant will adopt and use proper methods of 
        administering each such program, including--
                    ``(A) the enforcement of any obligations imposed by 
                law on agencies, institutions, organizations, and other 
                recipients responsible for carrying out each program; 
                and
                    ``(B) the correction of deficiencies in program 
                operations that are identified through audits, 
                monitoring, or evaluation;
            ``(4) the applicant will cooperate in carrying out any 
        evaluation of each such program conducted by or for the State 
        educational agency, the Secretary or other Federal officials;
            ``(5) the applicant will use such fiscal control and fund 
        accounting procedures as will ensure proper disbursement of, 
        and accounting for, Federal funds paid to such applicant under 
        each such program;
            ``(6) the applicant will--
                    ``(A) make reports to the State educational agency 
                and the Secretary as may be necessary to enable such 
                agency and the Secretary to perform their duties under 
                each such program; and
                    ``(B) maintain such records, provide such 
                information, and afford access to the records as the 
                State educational agency or the Secretary may find 
                necessary to carry out the State educational agency's 
                or the Secretary's duties; and
            ``(7) before the application was submitted, the applicant 
        afforded a reasonable opportunity for public comment on the 
        application and has considered such comment.
    ``(b) GEPA Provision.--Section 442 of the General Education 
Provisions Act shall not apply to this part.

``SEC. 6507. RELATIONSHIP OF STATE AND LOCAL PLANS TO OTHER PLANS.

    ``(a) State Plans.--Each State plan submitted under the following 
programs shall be integrated with each other and the State's 
improvement plan, if any, either approved or being developed, under 
Public Law 103-239, and the Carl D. Perkins Vocational and Technical 
Education Act of 1998:
            ``(1) Part A of title I (helping disadvantaged children 
        meet high standards).
            ``(2) Part C of title I (education of migratory children).
            ``(3) Title II (professional development).
            ``(4) Title IV (safe and drug-free schools).
            ``(5) Part A of title VI (innovative education program 
        strategies).
            ``(6) Subpart 4 of part A of title IX (Indian education).
    ``(b) Local Plans.--
            ``(1) In general.--Each local educational agency plan 
        submitted under the following programs shall be integrated with 
        each other:
                    ``(A) Part A of title I (helping disadvantaged 
                children meet high standards).
                    ``(B) Title II (professional development).
                    ``(C) Title IV (safe and drug-free schools).
                    ``(D) Part A of title VI (innovative education 
                program strategies).
                    ``(E) Subpart 1 of part A of title VII (bilingual 
                education).
                    ``(F) Part C of title VII (emergency immigrant 
                education).
                    ``(G) Subpart 4 of part A of title IX (Indian 
                education).
            ``(2) Plan of operation.--Each plan of operation included 
        in an application submitted by an eligible entity under part B 
        of title I (Even Start) shall be consistent with, and promote 
        the goals of the State plan under section 1111 and the local 
        educational agency plan under section 1112.

                           ``PART F--WAIVERS

``SEC. 6601. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.

    ``(a) In General.--Except as provided in subsection (c), the 
Secretary may waive any statutory or regulatory requirement of this Act 
for a State educational agency, local educational agency, Indian tribe, 
or school through a local educational agency, that--
            ``(1) receives funds under a program authorized by this 
        Act; and
            ``(2) requests a waiver under subsection (b).
    ``(b) Request for Waiver.--
            ``(1) In general.--A State educational agency, local 
        educational agency, or Indian tribe which desires a waiver 
        shall submit a waiver request to the Secretary that--
                    ``(A) identifies the Federal programs affected by 
                such requested waiver;
                    ``(B) describes which Federal requirements are to 
                be waived and how the waiving of such requirements 
                will--
                            ``(i) increase the quality of instruction 
                        for students; or
                            ``(ii) improve the academic performance of 
                        students;
                    ``(C) if applicable, describes which similar State 
                and local requirements will be waived and how the 
                waiving of such requirements will assist the local 
                educational agencies, Indian tribes or schools, as 
                appropriate, to achieve the objectives described in 
                clauses (i) and (ii) of subparagraph (B);
                    ``(D) describes specific, measurable educational 
                improvement goals and expected outcomes for all 
                affected students;
                    ``(E) describes the methods to be used to measure 
                progress in meeting such goals and outcomes; and
                    ``(F) describes how schools will continue to 
                provide assistance to the same populations served by 
                programs for which waivers are requested.
            ``(2) Additional information.--Such requests--
                    ``(A) may provide for waivers of requirements 
                applicable to State educational agencies, local 
                educational agencies, Indian tribes, and schools; and
                    ``(B) shall be developed and submitted--
                            ``(i)(I) by local educational agencies (on 
                        behalf of such agencies and schools) to State 
                        educational agencies; and
                            ``(II) by State educational agencies (on 
                        behalf of, and based upon the requests of, 
                        local educational agencies) to the Secretary; 
                        or
                            ``(ii) by Indian tribes (on behalf of 
                        schools operated by such tribes) to the 
                        Secretary.
            ``(3) General requirements.--
                    ``(A) State educational agencies.--In the case of a 
                waiver request submitted by a State educational agency 
                acting in its own behalf, the State educational agency 
                shall--
                            ``(i) provide all interested local 
                        educational agencies in the State with notice 
                        and a reasonable opportunity to comment on the 
                        request;
                            ``(ii) submit the comments to the 
                        Secretary; and
                            ``(iii) provide notice and information to 
                        the public regarding the waiver request in the 
                        manner that the applying agency customarily 
                        provides similar notices and information to the 
                        public.
                    ``(B) Local educational agencies.--In the case of a 
                waiver request submitted by a local educational agency 
                that receives funds under this Act--
                            ``(i) such request shall be reviewed by the 
                        State educational agency and be accompanied by 
                        the comments, if any, of such State educational 
                        agency; and
                            ``(ii) notice and information regarding the 
                        waiver request shall be provided to the public 
                        by the agency requesting the waiver in the 
                        manner that such agency customarily provides 
                        similar notices and information to the public.
    ``(c) Restrictions.--The Secretary shall not waive under this 
section any statutory or regulatory requirements relating to--
            ``(1) the allocation or distribution of funds to States, 
        local educational agencies, or other recipients of funds under 
        this Act;
            ``(2) maintenance of effort;
            ``(3) comparability of services;
            ``(4) use of Federal funds to supplement, not supplant, 
        non-Federal funds;
            ``(5) equitable participation of private school students 
        and teachers;
            ``(6) parental participation and involvement;
            ``(7) applicable civil rights requirements;
            ``(8) the requirement for a charter school under part D of 
        title V;
            ``(9) the prohibitions regarding--
                    ``(A) State aid in section 10102; or
                    ``(B) use of funds for religious worship or 
                instruction in section 10107; or
            ``(10) the selection of a school attendance area or school 
        under subsections (a) and (b) of section 1113, except that the 
        Secretary may grant a waiver to allow a school attendance area 
        or school to participate in activities under part A of title I 
        if the percentage of children from low-income families in the 
        school attendance area of such school or who attend such school 
        is not less than 10 percentage points below the lowest 
        percentage of such children for any school attendance area or 
        school of the local educational agency that meets the 
        requirements of such subsections (a) and (b).
    ``(d) Duration and Extension of Waiver.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        duration of a waiver approved by the Secretary under this 
        section may be for a period not to exceed three years.
            ``(2) Extension.--The Secretary may extend the period 
        described in paragraph (1) if the Secretary determines that--
                    ``(A) the waiver has been effective in enabling the 
                State or affected recipients to carry out the 
                activities for which the waiver was requested and the 
                waiver has contributed to improved student performance; 
                and
                    ``(B) such extension is in the public interest.
    ``(e) Reports.--
            ``(1) Local waiver.--A local educational agency that 
        receives a waiver under this section shall at the end of the 
        second year for which a waiver is received under this section, 
        and each subsequent year, submit a report to the State 
        educational agency that--
                    ``(A) describes the uses of such waiver by such 
                agency or by schools;
                    ``(B) describes how schools continued to provide 
                assistance to the same populations served by the 
                programs for which waivers are requested; and
                    ``(C) evaluates the progress of such agency and of 
                schools in improving the quality of instruction or the 
                academic performance of students.
            ``(2) State waiver.--A State educational agency that 
        receives reports required under paragraph (1) shall annually 
        submit a report to the Secretary that is based on such reports 
        and contains such information as the Secretary may require.
            ``(3) Indian tribe waiver.--An Indian tribe that receives a 
        waiver under this section shall annually submit a report to the 
        Secretary that--
                    ``(A) describes the uses of such waiver by schools 
                operated by such tribe; and
                    ``(B) evaluates the progress of such schools in 
                improving the quality of instruction or the academic 
                performance of students.
            ``(4) Report to congress.--Beginning in fiscal year 2001 
        and each subsequent year, the Secretary shall submit to the 
        Committee on Education and the Workforce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate a report--
                    ``(A) summarizing the uses of waivers by State 
                educational agencies, local educational agencies, 
                Indian tribes, and schools; and
                    ``(B) describing whether such waivers--
                            ``(i) increased the quality of instruction 
                        to students; or
                            ``(ii) improved the academic performance of 
                        students.
    ``(f) Termination of Waivers.--The Secretary shall terminate a 
waiver under this section if the Secretary determines that the 
performance of the State or other recipient affected by the waiver has 
been inadequate to justify a continuation of the waiver or if the 
waiver is no longer necessary to achieve its original purposes.
    ``(g) Publication.--A notice of the Secretary's decision to grant 
each waiver under subsection (a) shall be published in the Federal 
Register and the Secretary shall provide for the dissemination of such 
notice to State educational agencies, interested parties, including 
educators, parents, students, advocacy and civil rights organizations, 
and the public.

              ``PART G--EDUCATION PERFORMANCE PARTNERSHIPS

``SEC. 6701. SHORT TITLE.

    ``This part may be cited as the `Education Performance Partnerships 
Act'.

``SEC. 6702. PURPOSE.

    The purpose of this part is to create options for States and 
communities--
            ``(1) to improve the academic achievement of all students, 
        and to focus the resources of the Federal Government on such 
        achievement;
            ``(2) to give States and communities maximum flexibility in 
        determining how to boost academic achievement and implement 
        education reforms;
            ``(3) to hold States and communities accountable for 
        boosting the academic achievement of all students, especially 
        disadvantaged children;
            ``(4) to narrow achievement gaps between the lowest and 
        highest performing groups of students so that no child is left 
        behind;
            ``(5) to give States and local school districts maximum 
        flexibility to determine how to educate students in return for 
        standards of accountability that exceed the requirements of 
        existing Federal law.

``SEC. 6703. PERFORMANCE PARTNERSHIP AGREEMENTS.

    ``(a) Agreement Authorized.--A State may, at the option of the 
State, execute a performance partnership agreement with the Secretary 
under which the provisions of law described in section 6704(a) shall 
not apply to such State except as otherwise provided in this part.
    ``(b) Determination of State Participation.--The Governor of a 
State, in consultation with the individual or body responsible for the 
education programs of the State under State law, shall determine 
whether the State shall participate in a performance partnership 
agreement.
    ``(c) Approval of Performance Partnership Agreement.--
            ``(1) In general.--A performance partnership agreement 
        submitted to the Secretary under this section shall be approved 
        by the Secretary unless the Secretary provides a written 
        notification, within 60 days after receiving the performance 
        partnership agreement, that identifies areas of the agreement 
        that do not comply with the provisions of this part but that 
        are subject to negotiation under paragraph (2).
            ``(2) Negotiations.--
                    ``(A) In general.--Not later than 4 months after 
                the date on which a notification is provided to a State 
                under paragraph (1), the Secretary shall complete 
                negotiations with the State concerning the areas of 
                noncompliance identified in the notification.
                    ``(B) Peer review.--If the Secretary and the State 
                do not complete negotiations within the 4-month period 
                described in subparagraph (A), the proposed performance 
                partnership agreement involved shall be subject to peer 
                review, except that such 4-month period may be extended 
                for an additional 30 days if the Secretary and the 
                State agree to such a continuance.
            ``(3) Resubmission.--A State may resubmit a performance 
        partnership agreement at any time after such agreement is 
        rejected by the Secretary. If the Secretary rejects a 
        performance partnership agreement, a State shall have the 
        opportunity to request peer review of the rejection.
            ``(4) Peer review.--
                    ``(A) Establishment of committee.--The Secretary 
                shall establish a peer review committee to conduct a 
                review of a performance partnership agreement as 
                provided for under paragraph (2)(B) or (3).
                    ``(B) Reviewers.--The committee shall be composed 
                of 7 members, of which--
                            ``(i) 2 members shall be appointed by the 
                        State submitting the agreement;
                            ``(ii) 2 members shall be appointed by the 
                        Secretary; and
                            ``(iii) 3 members shall be appointed by the 
                        National Academy of Sciences.
                    ``(C) Responsibilities.--The committee shall review 
                the agreement and, at the discretion of the committee, 
                conduct a site visit.
                    ``(D) Recommendations.--The committee shall make 
                advisory recommendations to the Secretary and the State 
                regarding the agreement, not later than 60 days after 
                receiving the agreement.
                    ``(E) Decision.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), not later than 30 days after 
                        receiving the recommendations, the Secretary 
                        shall decide whether to approve the agreement.
                            ``(ii) Continued negotiations.--
                        Negotiations on the agreement may continue for 
                        as long as the Secretary and the State agree.
    ``(d) Terms of Performance Partnership.--Each performance 
partnership agreement executed pursuant to this part shall meet the 
following requirements:
            ``(1) Term.--The agreement shall contain a statement that 
        the term of the performance partnership agreement may be not 
        more than 5 years.
            ``(2) Application of program requirements.--The agreement 
        shall state that no program requirements of any program 
        included in the performance partnership agreement shall apply 
        to activities carried out with the program funds, except as 
        otherwise provided in this part.
            ``(3) List.--The agreement shall include a list, provided 
        by the State, of the programs that the State wishes to include 
        in the performance partnership agreement.
            ``(4) Use of funds to improve student achievement.--The 
        agreement shall contain a 5-year plan describing how the State 
        intends to combine and use the funds from programs included in 
        the performance partnership agreement to advance the education 
        priorities of the State, improve student achievement, and 
        narrow achievement gaps between groups of students.
            ``(5) Opportunity for public review and comment.--The 
        agreement shall include information that demonstrates that the 
        State has, as provided for under the laws of the State, 
        provided parents, teachers, and local educational agencies with 
        notice and an opportunity to comment on a proposed performance 
        partnership agreement prior to the submission of such agreement 
        to the Secretary.
            ``(6) Accountability system requirements.--If the State 
        includes any program under part A of title I in the performance 
        partnership agreement the State shall include a certification 
        that--
                    ``(A)(i) the State has developed and implemented 
                the challenging State content standards, challenging 
                State student performance standards, and aligned 
                assessments described in section 1111(b); or
                    ``(ii) the State has developed and implemented a 
                system to measure the degree of change from 1 school 
                year to the next in student performance on such aligned 
                assessments;
                    ``(B) the State has established a system under 
                which assessment information obtained through an 
                assessment or measurement described in subparagraph (A) 
                is disaggregated by race, ethnicity, English 
                proficiency status, and socioeconomic status for the 
                State, each local educational agency, and each school, 
                except that such disaggregation shall not be required 
                in cases in which--
                            ``(i) the number of students in any group 
                        that would result would be insufficient to 
                        yield statistically reliable information; or
                            ``(ii) the disaggregated information would 
                        reveal the identity of an individual student;
                    ``(C) the State has established specific, 
                measurable, student performance objectives for 
                determining adequate yearly progress (referred to in 
                this part as `performance objectives'), including--
                            ``(i) a definition of performance 
                        considered to be adequate and inadequate by the 
                        State on the assessment or measurement 
                        instruments described in subparagraph (A) (and 
                        (B)), for all students; and
                            ``(ii) the objective of improving the 
                        performance of all student groups and narrowing 
                        gaps in achievement between the lowest and 
                        highest performing students; and
                    ``(D) the State has developed and implemented a 
                statewide system for holding local educational agencies 
                and schools in the State accountable for student 
                performance on the performance objectives that 
                includes--
                            ``(i) a procedure for identifying local 
                        educational agencies and schools in need of 
                        improvement;
                            ``(ii) a procedure for assisting and 
                        building capacity in local educational agencies 
                        and schools identified as needing improvement, 
                        to improve teaching and learning; and
                            ``(iii) a procedure for implementing 
                        corrective actions if the provision of 
                        assistance and capacity building described in 
                        clause (ii) is not effective.
            ``(7) Performance goals.--
                    ``(A) Student achievement data.--Each State shall 
                establish, and include in the agreement, student 
                performance goals for the 5-year term of the agreement 
                that, at a minimum--
                            ``(i) establish a single high standard of 
                        performance for all students;
                            ``(ii) take into account the progress of 
                        students from every local educational agency 
                        and school in the State participating in a 
                        program subject to the performance partnership 
                        agreement;
                            ``(iii) measure changes in the percentages 
                        of students at selected grade levels meeting 
                        specified proficiency levels of achievement 
                        (established by the State) in each year of the 
                        performance partnership agreement, compared to 
                        such percentages in the baseline year (as 
                        described in subparagraph (C));
                            ``(iv) set annual goals for improving the 
                        performance of each group specified in 
                        paragraph (6)(B) and for narrowing gaps in 
                        performance between the highest and lowest 
                        performing students in accordance with section 
                        6710(b); and
                            ``(v) require all students served by a 
                        local educational agency or school in the State 
                        participating in a program subject to the 
                        performance partnership agreement to make 
                        substantial gains in achievement.
                    ``(B) Additional performance indicators.--A State 
                may identify in the performance partnership agreement 
                any additional performance indicator such as 
                graduation, dropout, or attendance rates.
                    ``(C) Baseline performance data.--To determine the 
                percentages of students at selected grade levels 
                meeting specified proficiency levels of achievement for 
                the baseline year, the State shall use the most recent 
                achievement data available on the date on which the 
                State and the Secretary execute the performance 
                partnership agreement.
                    ``(D) Consistency of performance measures.--A State 
                shall maintain, at a minimum, the same challenging 
                State student performance standards, and consistent 
                aligned assessments or measures, as specified in the 
                performance partnership agreement involved, throughout 
                the term of the agreement.
            ``(8) Annual report.--The agreement shall include an 
        assurance that not later than 2 years after the date of the 
        execution of the performance partnership agreement, and 
        annually thereafter, the State shall disseminate widely to the 
        general public, submit to the Secretary, distribute to print 
        and broadcast media, and post on the Internet, a report that 
        includes--
                    ``(A) student performance data obtained through an 
                assessment or measurement conducted under paragraph 
                (6)(A), disaggregated as provided in paragraph (6)(B); 
                and
                    ``(B) a detailed description of how the State has 
                used Federal funds to improve student performance and 
                reduce achievement gaps to meet the terms of the 
                performance partnership agreement.
            ``(9) Compliance.--The agreement shall include an assurance 
        that the State educational agency was in compliance with the 
        requirements of this Act as such Act was in effect on the date 
        of enactment of this part.
            ``(10) Alignment with reform plan.--The agreement shall 
        contain an assurance that the plan described in paragraph (4) 
        is aligned with the State's reform plan for elementary and 
        secondary education.
            ``(11) Fiscal responsibilities.--The agreement shall 
        include an assurance that the State will use fiscal control and 
        fund accounting procedures that will ensure proper 
        disbursements of, and accounting for, Federal funds provided to 
        the State under this part.
            ``(12) Implementation schedule.--The agreement shall 
        include a schedule for implementation of the plan described in 
        paragraph (4) that aligns the plan with the school calendar for 
        elementary schools and secondary schools in the State.
            ``(13) Timeline for reporting student performance data.--
        The agreement shall contain a timeline for reporting student 
        performance data obtained through an assessment or measurement 
        conducted under paragraph (6)(A), based on the State's 
        assessment schedule.
    ``(e) Amendment to Performance Partnership Agreement.--
            ``(1) In general.--The State may modify the terms of the 
        performance partnership agreement--
                    ``(A) by submitting to the Secretary, and obtaining 
                the approval of the Secretary on, an amendment 
                described in paragraph (2); or
                    ``(B) by providing notice to the Secretary of the 
                State's intent to make an amendment described in 
                paragraph (3).
            ``(2) Amendments requiring approval of secretary.--
                    ``(A) Withdrawal of programs.--A State may submit 
                to the Secretary an amendment that withdraws a program 
                described in section 6704(a) from the performance 
                partnership agreement. If the Secretary approves the 
                amendment, the requirements of applicable law shall 
                apply for the program withdrawn.
                    ``(B) Inclusion of programs.--A State may submit to 
                the Secretary an amendment that includes an additional 
                program described in section 6704(a) in the performance 
                partnership agreement.
                    ``(C) Inclusion of performance objectives.--A State 
                may submit to the Secretary an amendment that includes 
                in the agreement an additional performance objective 
                for which local educational agencies and schools in the 
                State will be held accountable.
            ``(3) Amendments not requiring approval of secretary.--A 
        State, in the discretion of the State, may amend the 
        performance partnership agreement to modify any term of the 
        agreement other than a term described in paragraph (2) or 
        subsection (d)(7)(D).

``SEC. 6704. TREATMENT OF ELIGIBLE PROGRAMS UNDER AGREEMENTS.

    ``(a) Eligible Programs.--The programs that may be included in a 
performance partnership agreement under this part are the programs 
authorized under the following provisions of law:
            ``(1) Part A of title I.
            ``(2) Part B of title I.
            ``(3) Part C of title I.
            ``(4) Section 1502.
            ``(5) Subparts 1, 2, and 3 of part A of title II.
            ``(6) Part B of title III.
            ``(7) Section 5132.
            ``(8) Title VI.
            ``(9) Part C of title VII.
            ``(10) Any other provision of this Act that is not in 
        effect on the date of enactment of the Educational 
        Opportunities Act under which the Secretary provides grants to 
        States on the basis of a formula.
            ``(11) Section 310 of the Department of Education 
        Appropriations Act, 2000.
            ``(12) Title III of the Goals 2000: Educate America Act.
            ``(13) Subtitle B of title VII of the Stewart B. McKinney 
        Homeless Assistance Act.
    ``(b) Excluded Provisions.--Each State entering into a performance 
partnership agreement under this part shall comply with any statutory 
or regulatory requirement applicable to a program described in 
subsection (a) relating to--
            ``(1) maintenance of effort;
            ``(2) comparability of services;
            ``(3) equitable participation of students and professional 
        staff of private schools;
            ``(4) parental participation and involvement;
            ``(5) in the case of a program carried out under part A of 
        title I, the serving of eligible school attendance areas in 
        rank order under section 1113(a)(3);
            ``(6) in the case of a program carried out under part A of 
        title I, the selection of a school attendance area or school 
        under subsections (a) and (b) of section 1113, except that a 
        State may grant a waiver to allow a school attendance area or 
        school to participate in activities under part A of title I of 
        such Act if the percentage of children from low-income families 
        (within the meaning of section 6303(c)(1)(G)) in the school 
        attendance area of such school or who attend such school is not 
        less than 10 percentage points below the lowest percentage of 
        such children for any school attendance area or school served 
        by the local educational agency that meets the requirements of 
        such subsections (a) and (b);
            ``(7) use of Federal funds to supplement, not supplant, 
        non-Federal funds; and
            ``(8) applicable civil rights requirements.
    ``(c) Combination of Funds Under Agreement.--A State that includes 
programs described in subsection (a) in a partnership performance 
agreement may combine funds from any or all of the programs without 
regard to the program requirements of the programs, except--
            ``(1) as otherwise provided in this part; and
            ``(2) that formulas for the program for the allotment of 
        Federal funds to States shall remain in effect except as 
        otherwise provided in Federal law.
    ``(d) Uses of Funds Under Agreement.--Funds made available to a 
State under this part shall be used for educational purposes, 
including--
            ``(1) carrying out activities focused on improved student 
        learning;
            ``(2) providing new books;
            ``(3) providing additional technology;
            ``(4) promoting high standards and conducting assessments;
            ``(5) conducting teacher hiring and making improvements in 
        the quality of teaching;
            ``(6) reducing class sizes;
            ``(7) operating alternative schools;
            ``(8) constructing schools;
            ``(9) supporting special education;
            ``(10) operating charter schools;
            ``(11) promoting character education;
            ``(12) conducting dropout prevention activities; and
            ``(13) providing tutoring and remedial help for struggling 
        students.

``SEC. 6705. LOCAL PARTICIPATION IN AGREEMENTS.

    ``(a) Nonparticipating State.--
            ``(1) In general.--If a State chooses not to submit a 
        performance partnership agreement under this part, any local 
        educational agency in such State is eligible, at the option of 
        the agency, to submit to the Secretary a performance 
        partnership agreement in accordance with this section.
            ``(2) Agreement.--The terms of a performance partnership 
        agreement between an eligible local educational agency 
        described in this subsection and the Secretary shall specify 
        the programs to be included in the performance partnership 
        agreement, as agreed upon by the State and the agency, from the 
        list specified in section 6704(a).
    ``(b) State Approval.--In submitting a performance partnership 
agreement to the Secretary, the eligible local educational agency shall 
provide written documentation from the State in which such agency is 
located that the State has no objection to the local educational 
agency's proposal for a performance partnership agreement.
    ``(c) Application.--
            ``(1) In general.--Except as provided in this section, and 
        to the extent practicable, the requirements of this part shall 
        apply to an eligible local educational agency that submits a 
        performance partnership agreement in the same manner and to the 
        same extent as the requirements apply to a State that submits 
        such an agreement.
            ``(2) Exceptions.--Sections 6706 (other than section 
        6706(b)) and 6707 (other than section 6707(d)) shall not apply 
        to the eligible local educational agency.

``SEC. 6706. WITHIN STATE DISTRIBUTION OF FUNDS.

    ``(a) In General.--A State that enters into a performance 
partnership agreement with respect to programs shall distribute the 
funds from the programs to local educational agencies within the State 
on the basis of the constitutional and statutory requirements of the 
State.
    ``(b) Targeting for Programs Under Part A of title I.--If a State 
includes programs carried out under part A of title I in the 
performance partnership agreement, sections 1113, 1124, 1124A, 1125, 
1125A, 1126, and 1127 shall apply under the agreement, except as 
provided for under part C.

``SEC. 6707. STATE ADMINISTRATIVE EXPENDITURES.

    ``(a) Part A Program in Agreement.--A State that includes programs 
carried out under title I in the State's performance partnership 
agreement may use not more than 1 percent of the total amount of funds 
allotted to such State under such programs (as part of the performance 
partnership agreement) for administrative purposes.
    ``(b) Other Programs in Agreement.--
            ``(1) In general.--With respect to programs included in the 
        performance partnership agreement of the State other than 
        programs carried out under title I, the State may use for 
        administrative purposes, from the total amount of funds 
        allotted to such State under such non-title I programs (as part 
        of the performance partnership agreement)--
                    ``(A) for the first school year for which the 
                agreement is in effect, not more than the total amount 
                provided for administration under the programs for the 
                preceding school year;
                    ``(B) for the second such school year, not more 
                than 5 percent, plus 75 percent of the covered 
                reduction, of the total amount of funds allotted;
                    ``(C) for the third such school year, not more than 
                5 percent, plus 50 percent of the covered reduction, of 
                the total amount of funds allotted;
                    ``(D) for the fourth such school year, not more 
                than 5 percent, plus 25 percent of the covered 
                reduction, of the total amount of funds allotted; and
                    ``(E) for the fifth such school year, not more than 
                5 percent of the total amount of funds allotted.
            ``(2) Exception.--Notwithstanding paragraph (1), a State 
        may use not more than 7 percent of the total amount of funds 
        allotted to such State under such non-title I programs (as part 
        of the performance partnership agreement) for administrative 
        and nonadministrative expenses associated with statewide or 
        districtwide initiatives directly affecting classroom learning.
            ``(3) Definition.--In this subsection, the term `covered 
        reduction' means the amount obtained by subtracting--
                    ``(A) 5 percent of the total amount of funds 
                allotted to the State under the programs included in 
                the agreement; from
                    ``(B) the total amount described in paragraph 
                (1)(A).
    ``(c) Renewal of Agreement.--Upon the renewal of the performance 
partnership agreement of a State for a subsequent term, the State may 
use not more than 5 percent of the total amount of funds allotted to 
such State under the programs included in the performance partnership 
agreement for administrative purposes.
    ``(d) Local Educational Agency.--A local educational agency 
submitting a performance partnership agreement under this part may use 
not more than 5 percent of the total amount of funds allotted to such 
agency under the programs included in the performance partnership 
agreement for administrative purposes.

``SEC. 6708. PERFORMANCE REVIEW.

    ``(a) Recommendations for Improvement.--
            ``(1) Review.--At the end of the third year for which a 
        performance partnership agreement is in effect for a State, the 
        Secretary shall prepare a written performance review of the 
        activities carried out under the agreement.
            ``(2) Recommendations.--
                    ``(A) In general.--If the Secretary determines, in 
                the performance review that--
                            ``(i) the State has failed to carry out the 
                        requirements of the agreement;
                            ``(ii) the State has failed to implement 
                        the State accountability system described in 
                        section 6703(d)(6)(D); or
                            ``(iii) the State has failed to make 
                        adequate progress in improving student 
                        performance, as measured through performance 
                        objectives,
                the Secretary shall include in the review written 
                recommendations to the State for improvement.
                    ``(B) Significant decline in achievement.--If the 
                Secretary determines, in the performance review, that 
                student achievement with respect to the performance 
                objectives of the State has significantly declined, the 
                Secretary shall, after notice and an opportunity for a 
                hearing, terminate the agreement. Such agreement shall 
                not be terminated if the State demonstrates to the 
                Secretary that the decline in student achievement was 
                justified based on exceptional circumstances or 
                circumstances beyond the control of the State.
    ``(b) Withholding of Funds or Termination of Agreement.--
            ``(1) Review.--If the Secretary makes a determination 
        described in subsection (a)(2) in the performance review for a 
        State, not later than 1 year after the date of the 
        determination the Secretary shall prepare a second written 
        performance review for the State of the activities described in 
        subsection (a)(1).
            ``(2) Action.--If the Secretary makes a determination 
        described in subsection (a)(2) in the second performance review 
        for a State, the Secretary may take 1 or more of the following 
        actions:
                    ``(A) Withhold a percentage of State administrative 
                funds for programs included in the performance 
                partnership agreement.
                    ``(B) Terminate the performance partnership 
                agreement.

``SEC. 6709. RENEWAL OF PERFORMANCE PARTNERSHIP AGREEMENT.

    ``(a) Notification.--A State that wishes to renew a performance 
partnership agreement shall notify the Secretary not later than 6 
months before the end of the 5-year term of the agreement.
    ``(b) Renewal Requirements.--The Secretary shall renew the 
agreement for an additional 5-year term, if--
            ``(1) at the end of the 5-year term described in subsection 
        (a), or as soon after the term as is practicable, the State 
        submits the data required under the agreement; and
            ``(2) the Secretary determines, on the basis of the data, 
        that the State that has made substantial progress toward 
        meeting the performance goals described in section 6703(d)(7) 
        during the 5-year term.

``SEC. 6710. CLOSING THE ACHIEVEMENT GAP BONUS AWARDS.

    ``(a) In General.--The Secretary shall provide bonus awards to 
eligible States (without regard to whether the States participate in a 
performance partnership agreement) to reward such States for making 
significant progress in eliminating achievement gaps by raising the 
achievement levels of the lowest performing student groups.
    ``(b) Eligibility.--
            ``(1) In general.--To be eligible to receive a bonus award 
        under subsection (a), a State shall--
                    ``(A) use National Assessment of Educational 
                Progress tests for the 4th and 8th grade levels or 
                another non-State auditing device to measure (with a 
                statistically significant sample of students) student 
                academic progress for purposes of determining the 
                progress made by the State in narrowing the achievement 
                gap between the highest and lowest performing students 
                in the State; and
                    ``(B) exceed the national average for reducing the 
                achievement gap between the lowest performing students 
                and the highest performing students in at least 3 of 
                the 4 measured categories (math and English at both the 
                4th and 8th grade levels).
            ``(2) Determination of reduction.--If, at the end of the 
        fifth academic year that begins after performance partnerships 
        are entered into under this part, the Secretary determines that 
        the achievement gap between the lowest performing students and 
        the highest performing students in a State has decreased (as 
        determined under subsection (c)(2)) by a percentage that 
        exceeds the national average for such reduction (as determined 
        under subsection (c)(1)), the Secretary shall award the State 
        the amount described in subsection (e).
    ``(c) Determining the Reduction in Achievement Gap.--
            ``(1) National average.--
                    ``(A) In general.--For purposes of determining the 
                national average reduction in the achievement gap 
                between the lowest performing students and the highest 
                performing students, the Secretary shall compare the 
                baseline and final levels of achievement (as determined 
                under subparagraphs (B) and (C)) of--
                            ``(i) all those students eligible for free 
                        and reduced-price lunches under the Richard B. 
                        Russell National School Lunch Act in the States 
                        described in such subparagraphs; and
                            ``(ii) all other students not described in 
                        subparagraph (A) in the States described in 
                        such subparagraphs;
                in each of the 4 measured categories described in 
                subsection (b)(1)(B).
                    ``(B) Baseline level.--For purposes of subparagraph 
                (A), the baseline level of achievement shall be based 
                on the results of the National Assessment of 
                Educational Progress tests of 4th and 8th grade 
                students in both math and reading during the 2001-2002 
                academic year for all States administering such tests, 
                or the results on another non-State auditing device 
                during the academic year.
                    ``(C) Final level.--For purposes of subparagraph 
                (A), the final level of achievement shall be based on 
                the results of the National Assessment of Educational 
                Progress tests of 4th and 8th grade students in both 
                math and reading for all States administering such 
                tests during the fifth academic year in which 
                performance partnerships are entered into under this 
                part, or the results of another non-State auditing 
                device during the calendar year.
            ``(2) State reductions.--
                    ``(A) In general.--For purposes of determining the 
                State reduction in the achievement gap between the 
                lowest performing students and the highest performing 
                students, the Secretary shall compare the baseline and 
                final levels of achievement (as determined under 
                subparagraphs (B) and (C)) of--
                            ``(i) those students in the State who are 
                        eligible for free and reduced-price lunches 
                        under the Richard B. Russell National School 
                        Lunch Act; and
                            ``(ii) other students in the State not 
                        described in subparagraph (A);
                in each of the 4 measured categories described in 
                subsection (b)(1)(B).
                    ``(B) Baseline level.--For purposes of subparagraph 
                (A), the baseline level of achievement shall be based 
                on the results of the National Assessment of 
                Educational Progress tests of 4th and 8th grade 
                students in both math and reading during the 2001-2002 
                academic year for the State, or the results on another 
                non-State auditing device during the academic year.
                    ``(C) Final level.--For purposes of subparagraph 
                (A), the final level of achievement shall be based on 
                the results of the National Assessment of Educational 
                Progress tests of 4th and 8th grade students in both 
                math and reading for the State during the fifth 
                academic year in which performance partnerships are 
                entered into under this part, or the results on another 
                non-State auditing device during the academic year.
            ``(3) Limitation.--A reduction in the achievement gap 
        between the lowest performing students and the highest 
        performing students that results from a reduction in the 
        achievement levels of the highest performing students shall not 
        be considered a reduction for purposes of this subsection.
    ``(d) Review.--The Secretary shall review the improvement that the 
State has made in closing the achievement gap, as measured on State 
assessments.
    ``(e) Amount of Award.--
            ``(1) In general.--The amount described in this subsection 
        with respect to a State described in subsection (b)(2) shall be 
        an amount that bears the same relationship to the amount 
        appropriated under subsection (f) as the number of eligible 
        individuals in the State bears to the total number of eligible 
        individuals in all such States.
            ``(2) Eligible individuals.--In paragraph (1), the term 
        `eligible individuals' means individuals who are at least 5 
        years of age, but less than 17 years of age, and whose family 
        income is below the poverty line applicable to a family of the 
        size.
            ``(3) Poverty line.--In paragraph (2), the term `poverty 
        line' has the meaning given such term in section 673(2) of the 
        Community Services Block Grant Act, including any revision 
        required by such section.
    ``(f) Authorization of Appropriations.--There shall be appropriated 
$2,500,000,000 for the fifth full fiscal year for which performance 
partnership agreements are entered into under this part to carry out 
this section.

``SEC. 6711. PERFORMANCE REPORT.

    ``Not later than 60 days after the Secretary receives an annual 
State report described in section 6703(d)(8), the Secretary shall make 
the report available to the Committee on Education and the Workforce of 
the House of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate.

          ``PART H--ACADEMIC ACHIEVEMENT FOR ALL DEMONSTRATION

``SEC. 6801. SHORT TITLE.

    ``This part may be cited as the `Academic Achievement for All 
Demonstration Act (Straight A's Act)'.

``SEC. 6802. PURPOSE.

    ``The purpose of this part is to create options for States and 
communities--
            ``(1) to improve the academic achievement of all students, 
        and to focus the resources of the Federal Government upon such 
        achievement;
            ``(2) to improve teacher quality and subject matter 
        mastery, especially in mathematics, reading, and science;
            ``(3) to empower parents and schools to effectively address 
        the needs of their children and students;
            ``(4) to give States and communities maximum freedom in 
        determining how to boost academic achievement and implement 
        education reforms;
            ``(5) to eliminate Federal barriers to implementing 
        effective State and local education programs;
            ``(6) to hold States and communities accountable for 
        boosting the academic achievement of all students, especially 
        disadvantaged children; and
            ``(7) to narrow achievement gaps between the lowest and 
        highest performing groups of students so that no child is left 
        behind.

``SEC. 6803. PERFORMANCE AGREEMENT.

    ``(a) Program Authorized.--Not more than 15 States may, at their 
option, execute a performance agreement with the Secretary under which 
the provisions of law described in section 6804(a) shall not apply to 
such State except as otherwise provided in this part. The Secretary 
shall execute performance partnership agreements with the first 15 
States that submit approvable performance agreements under this 
section.
    ``(b) Local Input.--States shall provide parents, teachers, and 
local schools and school districts notice and opportunity to comment on 
any proposed performance agreement prior to submission to the Secretary 
as provided under general State law notice and comment provisions.
    ``(c) Approval of Performance Agreement.--A performance agreement 
submitted to the Secretary under this section shall be considered as 
approved by the Secretary within 60 days after receipt of the 
performance agreement unless the Secretary provides a written 
determination to the State that the performance agreement fails to 
satisfy the requirements of this part before the expiration of the 60-
day period.
    ``(d) Terms of Performance Agreement.--Each performance agreement 
executed pursuant to this part shall include the following provisions:
            ``(1) Term.--A statement that the term of the performance 
        agreement shall be 5 years.
            ``(2) Application of program requirements.--A statement 
        that no program requirements of any program included by the 
        State in the performance agreement shall apply, except as 
        otherwise provided in this part.
            ``(3) List.--A list provided by the State of the programs 
        that the State wishes to include in the performance agreement.
            ``(4) Use of funds to improve student achievement.--A 5-
        year plan describing how the State intends to combine and use 
        the funds from programs included in the performance agreement 
        to advance the education priorities of the State, improve 
        student achievement, and narrow achievement gaps between 
        students.
            ``(5) Accountability requirements.--If a State includes any 
        part of title I in its performance agreement, the State shall 
        include a certification that the State has done the following:
                    ``(A)(i) developed and implemented the challenging 
                State content standards, challenging State student 
                performance standards, and aligned assessments 
                described in section 1111(b); or
                    ``(ii) developed and implemented a system to 
                measure the degree of change from one school year to 
                the next in student performance;
                    ``(B) developed and is implementing a statewide 
                accountability system that has been or is reasonably 
                expected to be effective in substantially increasing 
                the numbers and percentages of all students who meet 
                the State's proficient and advanced levels of 
                performance;
                    ``(C) established a system under which assessment 
                information may be disaggregated within each State, 
                local educational agency, and school by each major 
                racial and ethnic group, gender, English proficiency 
                status, migrant status, and by economically 
                disadvantaged students as compared to students who are 
                not economically disadvantaged (except that such 
                disaggregation shall not be required in cases in which 
                the number of students in any such group is 
                insufficient to yield statistically reliable 
                information or will reveal the identity of an 
                individual student);
                    ``(D) established specific, measurable, numerical 
                performance objectives for student achievement, 
                including a definition of performance considered to be 
                proficient by the State on the academic assessment 
                instruments described under subparagraph (A);
                    ``(E) developed and implemented a statewide system 
                for holding its local educational agencies and schools 
                accountable for student performance that includes--
                            ``(i) a procedure for identifying local 
                        educational agencies and schools in need of 
                        improvement, using the assessments described 
                        under subparagraph (A);
                            ``(ii) assisting and building capacity in 
                        local educational agencies and schools 
                        identified as in need of improvement to improve 
                        teaching and learning; and
                            ``(iii) implementing corrective actions 
                        after not more than 3 years if the assistance 
                        and capacity building under clause (ii) is not 
                        effective.
            ``(6) Performance goals.--
                    ``(A) Student academic achievement.--Each State 
                that includes part A of title I in its performance 
                agreement shall establish annual student performance 
                goals for the 5-year term of the performance agreement 
                that, at a minimum--
                            ``(i) establish a single high standard of 
                        performance for all students;
                            ``(ii) take into account the progress of 
                        students from every local educational agency 
                        and school in the State;
                            ``(iii) are based primarily on the State's 
                        challenging content and student performance 
                        standards and assessments described under 
                        paragraph (5);
                            ``(iv) include specific annual improvement 
                        goals in each subject and grade included in the 
                        State assessment system, which shall include, 
                        at a minimum, reading or language arts and 
                        mathematics;
                            ``(v) compares the proportions of students 
                        at levels of performance (as defined by the 
                        State) with the proportions of students at the 
                        levels in the same grade in the previous school 
                        year;
                            ``(vi) includes annual numerical goals for 
                        improving the performance of each group 
                        specified in paragraph (5)(C) and narrowing 
                        gaps in performance between the highest and 
                        lowest performing students in accordance with 
                        section 6810(b); and
                            ``(vii) requires all students in the State 
                        to make substantial gains in achievement.
                    ``(B) Additional indicators of performance.--A 
                State may identify in the performance agreement any 
                additional indicators of performance such as 
                graduation, dropout, or attendance rates.
                    ``(C) Consistency of performance measures.--A State 
                shall maintain, at a minimum, the same level of 
                challenging State student performance standards and 
                assessments throughout the term of the performance 
                agreement.
            ``(7) Fiscal responsibilities.--An assurance that the State 
        will use fiscal control and fund accounting procedures that 
        will ensure proper disbursement of, and accounting for, Federal 
        funds paid to the State under this part.
            ``(8) Civil rights.--An assurance that the State will meet 
        the requirements of applicable Federal civil rights laws.
            ``(9) Private school participation.--
                    ``(A) Equitable participation.--An assurance that 
                the State will provide for the equitable participation 
                of students and professional staff in private schools.
                    ``(B) Application of bypass.--An assurance that 
                sections 10104, 10105, and 10106 shall apply to all 
                services and assistance provided under this part in the 
                same manner as such sections apply to services and 
                assistance provided in accordance with section 10103 of 
                such Act.
            ``(10) State financial participation.--An assurance that 
        the State will not reduce the level of spending of State funds 
        for elementary and secondary education during the term of the 
        performance agreement.
            ``(11) Annual reports.--An assurance that not later than 1 
        year after the execution of the performance agreement, and 
        annually thereafter, each State shall disseminate widely to 
        parents and the general public, submit to the Secretary, 
        distribute to print and broadcast media, and post on the 
        Internet, a report that includes--
                    ``(A) student academic performance data, 
                disaggregated as provided in paragraph (5)(C); and
                    ``(B) a detailed description of how the State has 
                used Federal funds to improve student academic 
                performance and reduce achievement gaps to meet the 
                terms of the performance agreement.
    ``(e) Special Rules.--If a State does not include part A of title I 
in its performance agreement, the State shall--
            ``(1) certify that the State developed a system to measure 
        the academic performance of all students; and
            ``(2) establish challenging academic performance goals for 
        such other programs in accordance with paragraph (6)(A) of 
        subsection (d), except that clause (vi) of such paragraph shall 
        not apply to such performance agreement.
    ``(f) Amendment to Performance Agreement.--A State may submit an 
amendment to the performance agreement to the Secretary under the 
following circumstances:
            ``(1) Reduce scope of performance agreement.--Not later 
        than 1 year after the execution of the performance agreement, a 
        State may amend the performance agreement through a request to 
        withdraw a program from such agreement. If the Secretary 
        approves the amendment, the requirements of existing law shall 
        apply for any program withdrawn from the performance agreement.
            ``(2) Expand scope of performance agreement.--Not later 
        than 1 year after the execution of the performance agreement, a 
        State may amend its performance agreement to include additional 
        programs and performance indicators for which the State will be 
        held accountable.
            ``(3) Approval of amendment.--An amendment submitted to the 
        Secretary under this subsection shall be considered as approved 
        by the Secretary within 60 days after receipt of the amendment 
        unless the Secretary provides a written determination to the 
        State that the performance agreement if amended by the 
        amendment will fail to satisfy the requirements of this part, 
        before the expiration of the 60-day period.
    ``(g) Dual Participation Prohibited.--A State or local educational 
agency shall not enter into an agreement under both this part and part 
G. A local educational agency shall not enter into an agreement under 
this part or part G if the State in which the local educational agency 
is located has entered into an agreement under part G or this part, 
respectively.

``SEC. 6804. ELIGIBLE PROGRAMS.

    ``(a) Eligible Programs.--The provisions of law referred to in 
section 6803(a) except as otherwise provided in subsection (b), are as 
follows:
            ``(1) Part A of title I.
            ``(2) Part B of title I.
            ``(3) Part C of title I.
            ``(4) Subparts 1, 2, and 3 of part A of title II.
            ``(5) Part B of title III.
            ``(6) Section 5132.
            ``(7) Title VI.
            ``(8) Part C of title VII.
            ``(9) Section 307 of the Department of Education 
        Appropriation Act of 1999.
            ``(10) Comprehensive school reform programs as authorized 
        under section 1502 and described on pages 96-99 of the Joint 
        Explanatory Statement of the Committee of Conference included 
        in House Report 105-390 (Conference Report on the Departments 
        of Labor, Health and Human Services, and Education, and Related 
        Agencies Appropriations Act, 1998).
            ``(11) Sections 115 and 116, and parts B and C of title I 
        of the Carl D. Perkins Vocational Technical Education Act.
            ``(12) Subtitle B of title VII of the Stewart B. McKinney 
        Homeless Assistance Act.
    ``(b) Allocations to States.--A State may choose to consolidate 
funds from any or all of the programs described in subsection (a) 
without regard to the program requirements of the provisions referred 
to in such subsection, except that the proportion of funds made 
available for national programs and allocations to each State for State 
and local use, under such provisions, shall remain in effect unless 
otherwise provided.
    ``(c) Uses of Funds.--Funds made available under this part to a 
State shall be used for any elementary and secondary educational 
purposes permitted by State law of the participating State.

``SEC. 6805. WITHIN-STATE DISTRIBUTION OF FUNDS.

    ``(a) In General.--The distribution of funds from programs included 
in a performance agreement from a State to a local educational agency 
within the State shall be determined by the Governor of the State and 
the State legislature. In a State in which the constitution or State 
law designates another individual, entity, or agency to be responsible 
for education, the allocation of funds from programs included in the 
performance agreement from a State to a local educational agency within 
the State shall be determined by that individual, entity, or agency, in 
consultation with the Governor and State Legislature. Nothing in this 
section shall be construed to supersede or modify any provision of a 
State constitution or State law.
    ``(b) Local Input.--States shall provide parents, teachers, and 
local schools and school districts notice and opportunity to comment on 
the proposed allocation of funds as provided under general State law 
notice and comment provisions.
    ``(c) Local Hold Harmless of Part A Title 1 Funds.--
            ``(1) In general.--In the case of a State that includes 
        part A of title I in the performance agreement, the agreement 
        shall provide an assurance that each local educational agency 
        shall receive under the performance agreement an amount equal 
        to or greater than the amount such agency received under part A 
        of title I in the fiscal year preceding the fiscal year in 
        which the performance agreement is executed.
            ``(2) Proportionate reduction.--If the amount made 
        available to the State from the Secretary for a fiscal year is 
        insufficient to pay to each local educational agency the amount 
        made available under part A of title I to such agency for the 
        preceding fiscal year, the State shall reduce the amount each 
        local educational agency receives by a uniform percentage.

``SEC. 6806. LOCAL PARTICIPATION.

    ``(a) Nonparticipating State.--
            ``(1) In general.--If a State chooses not to submit a 
        performance agreement under this part, any local educational 
        agency in such State is eligible, at the local educational 
        agency's option, to submit to the Secretary a performance 
        agreement in accordance with this section.
            ``(2) Agreement.--The terms of a performance agreement 
        between an eligible local educational agency and the Secretary 
        shall specify the programs to be included in the performance 
        agreement, as agreed upon by the State and the agency, from the 
        list under section 6804(a).
    ``(b) State Approval.--When submitting a performance agreement to 
the Secretary, an eligible local educational agency described in 
subsection (a) shall provide written documentation from the State in 
which such agency is located that the State has no objection to the 
agency's proposal for a performance agreement.
    ``(c) Application.--
            ``(1) In general.--Except as provided in this section, and 
        to the extent applicable, the requirements of this part shall 
        apply to an eligible local educational agency that submits a 
        performance agreement in the same manner as the requirements 
        apply to a State.
            ``(2) Exceptions.--The following provisions shall not apply 
        to an eligible local educational agency:
                    ``(A) Within state distribution formula not 
                applicable.--The distribution of funds under section 
                6805 shall not apply.
                    ``(B) State set aside shall not apply.--The State 
                set aside for administrative funds under section 6807 
                shall not apply.

``SEC. 6807. LIMITATIONS ON STATE AND LOCAL EDUCATIONAL AGENCY 
              ADMINISTRATIVE EXPENDITURES.

    ``(a) In General.--Except as otherwise provided under subsection 
(b), a State that includes part A of title I in the performance 
agreement may use not more than 1 percent of such total amount of funds 
allocated to such State under the programs included in the performance 
agreement for administrative purposes.
    ``(b) Exception.--A State that does not include part A of title I 
in the performance agreement may use not more than 3 percent of the 
total amount of funds allocated to such State under the programs 
included in the performance agreement for administrative purposes.
    ``(c) Local Educational Agency.--A local educational agency 
participating in this part under a performance agreement under section 
6806 may not use for administrative purposes more than 4 percent of the 
total amount of funds allocated to such agency under the programs 
included in the performance agreement.

``SEC. 6808. PERFORMANCE REVIEW AND PENALTIES.

    ``(a) Mid-Term Performance Review.--If, during the 5-year term of 
the performance agreement, student achievement significantly declines 
for three consecutive years in the academic performance categories 
established in the performance agreement, the Secretary may, after 
notice and opportunity for a hearing, terminate the agreement
    ``(b) Failure To Meet Terms.--If at the end of the 5-year term of 
the performance agreement a State has not substantially met the 
performance goals submitted in the performance agreement, the Secretary 
shall, after notice and an opportunity for a hearing, terminate the 
performance agreement and the State shall be required to comply with 
the program requirements, in effect at the time of termination, for 
each program included in the performance agreement.
    ``(c) Penalty for Failure To Improve Student Performance.--If a 
State has made no progress toward achieving its performance goals by 
the end of the term of the agreement, the Secretary may reduce funds 
for State administrative costs for each program included in the 
performance agreement by not more than 50 percent for each year of the 
2-year period following the end of the term of the performance 
agreement.

``SEC. 6809. RENEWAL OF PERFORMANCE AGREEMENT.

    ``(a) Notification.--A State that wishes to renew its performance 
agreement shall notify the Secretary of its renewal request not less 
than 6 months prior to the end of the term of the performance 
agreement.
    ``(b) Renewal Requirements.--A State that has met or has 
substantially met its performance goals submitted in the performance 
agreement at the end of the 5-year term may reapply to the Secretary to 
renew its performance agreement for an additional 5-year period. Upon 
the completion of the 5-year term of the performance agreement or as 
soon thereafter as the State submits data required under the agreement, 
the Secretary shall renew, for an additional 5-year term, the 
performance agreement of any State that has met or has substantially 
met its performance goals.

``SEC. 6810. ACHIEVEMENT GAP REDUCTION REWARDS.

    ``(a) Closing the Gap Reward Fund.--
            ``(1) In general.--To reward States that make significant 
        progress in eliminating achievement gaps by raising the 
        achievement levels of the lowest performing students, the 
        Secretary shall set aside sufficient funds from the Fund for 
        the Improvement of Education under part G of title V to grant a 
        reward to States that meet the conditions set forth in 
        subsection (b) by the end of their 5-year performance 
        agreement.
            ``(2) Reward amount.--The amount of the reward referred to 
        in paragraph (1) shall be not less than 5 percent of funds 
        allocated to the State during the first year of the performance 
        agreement for programs included in the agreement.
    ``(b) Conditions of Performance Reward.--Subject to paragraph (3), 
a State is eligible to receive a reward under this section as follows:
            ``(1) A State is eligible for such an award if the State 
        reduces by not less than 25 percent, over the 5-year term of 
        the performance agreement, the difference between the 
        percentage of highest and lowest performing groups of students 
        described in section 6803(d)(5)(C) that meet the State's 
        proficient level of performance.
            ``(2) A State is eligible for such an award if a State 
        increases the proportion of two or more groups of students 
        under section 6803(d)(5)(C) that meet State proficiency 
        standards by 25 percent.
            ``(3) A State shall receive such an award if the following 
        requirements are met:
                    ``(A) Content areas.--The reduction in the 
                achievement gap or improvement in achievement shall 
                include not less than two content areas, one of which 
                shall be mathematics or reading.
                    ``(B) Grades tested.--The reduction in the 
                achievement gap or improvement in achievement shall 
                occur in at least two grade levels.
    ``(c) Rule of Construction.--Student achievement gaps shall not be 
considered to have been reduced in circumstances where the average 
academic performance of the highest performing quintile of students has 
decreased.

``SEC. 6811. STRAIGHT A'S PERFORMANCE REPORT.

    ``The Secretary shall make the annual State reports described in 
section 6803(d)(11) available to the Committee on Education and the 
Workforce of the House of Representatives and the Committee on Health, 
Education, Labor and Pensions of the Senate not later than 60 days 
after the Secretary receives the report.

``SEC. 6812. APPLICABILITY OF TITLE X.

    ``To the extent that provisions of title X are inconsistent with 
this part, this part shall be construed as superseding such provisions.

``SEC. 6813. APPLICABILITY OF GENERAL EDUCATION PROVISIONS ACT.

    ``To the extent that the provisions of the General Education 
Provisions Act are inconsistent with this part, this part shall be 
construed as superseding such provisions, except where relating to 
civil rights, withholding of funds and enforcement authority, and 
family educational and privacy rights.

``SEC. 6814. APPLICABILITY TO HOME SCHOOLS.

    ``Nothing in this part shall be construed to affect home schools 
whether or not a home school is treated as a private school or home 
school under State law.

``SEC. 6815. GENERAL PROVISIONS REGARDING NONRECIPIENT, NONPUBLIC 
              SCHOOLS.

    ``Nothing in this part shall be construed to permit, allow, 
encourage, or authorize any Federal control over any aspect of any 
private, religious, or home school, whether or not a home school is 
treated as a private school or home school under State law.

``SEC. 6816. DEFINITIONS.

    ``For the purpose of this part:
            ``(1) All students.--The term `all students' means all 
        students attending public schools or charter schools that are 
        participating in the State's accountability and assessment 
        system.
            ``(2) State.--The term `State' means each of the 50 States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, the United States Virgin Islands, the Commonwealth of the 
        Northern Mariana Islands, and American Samoa.''.

``SEC. 6817. EFFECTIVE DATE.

    ``This part shall take effect with respect to funds appropriated 
for the fiscal year beginning October 1, 2000.''.

SEC. 602. TECHNICAL AND CONFORMING AMENDMENT.

    Section 4(b)(5) of the Education Flexibility Partnership Act of 
1999 (20 U.S.C. 5891b(b)(5)) is amended by striking ``Title VI'' and 
inserting ``Part A of title VI''.

                     TITLE VII--BILINGUAL EDUCATION

SEC. 701. PURPOSE.

    Section 7102 (20 U.S.C. 7402) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 7102. PURPOSE.'';

            (2) by striking subsections (a) and (b); and
            (3) in subsection (c)--
                    (A) by striking ``(c) Purpose.--The'' and inserting 
                ``The'';
                    (B) in the matter preceding paragraph (1), by 
                striking ``to educate limited English proficient 
                children and youth to'' and inserting ``to help ensure 
                that limited English proficient students master English 
                and'';
                    (C) by striking paragraph (1) and inserting the 
                following:
            ``(1) promoting systemic improvement and reform of, and 
        developing accountability systems for, educational programs 
        serving limited English proficient students;''; and
                    (D) in paragraph (2), by inserting ``fully'' before 
                ``developing''.

SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

    Section 7103(a) (20 U.S.C. 7403(a)) is amended by striking 
``$215,000,000 for the fiscal year 1995'' and inserting ``$300,000,000 
for fiscal year 2001''.

SEC. 703. REPEAL OF PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.

    (a) In General.--Section 7112 (20 U.S.C. 7422) is repealed.
    (b) Conforming Amendment.--Section 7111 (20 U.S.C. 7421) is 
amended, in the matter preceding paragraph (1), by striking ``7112, 
7113, 7114, and 7115'' and inserting ``7113 and 7114''.

SEC. 704. PROGRAM ENHANCEMENT PROJECTS.

    (a) Purpose.--Section 7113 (20 U.S.C. 7423) is amended by striking 
subsection (a) and inserting the following:
    ``(a) Purpose.--The purpose of this section is to--
            ``(1) provide grants to eligible entities to provide 
        innovative, locally designed, high quality instruction to 
        children and youth of limited English proficiency;
            ``(2) help children and youth develop proficiency in the 
        English language by expanding or strengthening instructional 
        programs; and
            ``(3) help children and youth attain the standards 
        established under section 1111(b).''.
    (b) Program Authorized.--Section 7113(b) (20 U.S.C. 7423(b)) is 
amended--
            (1) in paragraph (1)(B), by striking ``two'' and inserting 
        ``3''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Authorized activities.--(A) Grants awarded under this 
        section shall be used for--
                    ``(i) developing, implementing, expanding, or 
                enhancing comprehensive preschool, elementary, or 
                secondary education programs for limited English 
                proficient children and youth, that are--
                            ``(I) aligned with State and local content 
                        and student performance standards, and local 
                        school reform efforts; and
                            ``(II) coordinated with related services 
                        for children and youth;
                    ``(ii) providing high quality professional 
                development to classroom teachers, administrators, and 
                other school or community-based organization personnel 
                to improve the instruction and assessment of limited 
                English proficient students; and
                    ``(iii) annually assessing the English proficiency 
                of all limited English proficient students served by 
                activities carried out under this section.
            ``(B) Grants awarded under this section may be used for--
                    ``(i) implementing programs to upgrade the reading 
                and other academic skills of limited English proficient 
                students;
                    ``(ii) developing accountability systems to monitor 
                the academic progress of limited English proficient and 
                formerly limited English proficient students;
                    ``(iii) implementing family education programs and 
                parent outreach and training activities designed to 
                assist parents to become active participants in the 
                education of their children;
                    ``(iv) improving the instructional programs for 
                limited English proficient students by identifying, 
                acquiring, and applying effective curricula, 
                instructional materials (including materials provided 
                through technology), and assessments that are all 
                aligned with State and local standards;
                    ``(v) providing intensified instruction, including 
                tutorials and academic or career counseling, for 
                children and youth who are limited English proficient;
                    ``(vi) adapting best practice models for meeting 
                the needs of limited English proficient students;
                    ``(vii) assisting limited English proficient 
                students with disabilities;
                    ``(viii) implementing applied learning activities 
                such as service learning to enhance and support 
                comprehensive elementary and secondary bilingual 
                education programs; and
                    ``(ix) carrying out such other activities, 
                consistent with the purpose of this part, as the 
                Secretary may approve.''.
    (c) Priority.--Section 7113 (20 U.S.C. 7423) is amended by adding 
at the end the following:
    ``(d) Priority.--In awarding grants under this section, the 
Secretary may give priority to an entity that--
            ``(1) serves a school district--
                    ``(A) that has a total district enrollment that is 
                less than 10,000 students; or
                    ``(B) with a large percentage or number of limited 
                English proficient students; and
            ``(2) has limited or no experience in serving limited 
        English proficient students.''.

SEC. 705. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT GRANTS.

    Section 7114 (20 U.S.C. 7424) is amended to read as follows:

``SEC. 7114. COMPREHENSIVE SCHOOL AND SYSTEMWIDE IMPROVEMENT GRANTS.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to provide financial assistance to schools and local 
        educational agencies for implementing bilingual education 
        programs, in coordination with programs carried out under title 
        I, for children and youth of limited English proficiency;
            ``(2) to assist limited English proficient students to meet 
        the standards established under section 1111(b); and
            ``(3) to improve, reform, and upgrade relevant 
        instructional programs and operations, in schools and local 
        educational agencies, that serve significant percentages of 
        students with limited English proficiency or significant 
        numbers of such students.
    ``(b) Authorized Activities.--
            ``(1) Authority.--The Secretary may award grants to 
        eligible entities having applications approved under section 
        7116 to enable such entities to carry out activities described 
        in paragraphs (2) and (3).
            ``(2) Mandatory activities.--Grants awarded under this 
        section shall be used for--
                    ``(A) improving instructional programs for limited 
                English proficient students by acquiring and upgrading 
                curriculum and related instructional materials;
                    ``(B) aligning the activities carried out under 
                this section with State and local school reform 
                efforts;
                    ``(C) providing training, aligned with State and 
                local standards, to school personnel and participating 
                community-based organization personnel to improve the 
                instruction and assessment of limited English 
                proficient students;
                    ``(D) developing and implementing plans, 
                coordinated with plans for programs carried out under 
                title II of the Higher Education Act of 1965 (where 
                applicable), and title II of this Act (where 
                applicable), to recruit teachers trained to serve 
                limited English proficient students;
                    ``(E) implementing culturally and linguistically 
                appropriate family education programs, or parent 
                outreach and training activities, that are designed to 
                assist parents to become active participants in the 
                education of their children;
                    ``(F) coordinating the activities carried out under 
                this section with other programs, such as programs 
                carried out under title I;
                    ``(G) providing services to meet the full range of 
                the educational needs of limited English proficient 
                students;
                    ``(H) annually assessing the English proficiency of 
                all limited English proficient students served by the 
                activities carried out under this section; and
                    ``(I) developing or improving accountability 
                systems to monitor the academic progress of limited 
                English proficient students.
            ``(3) Permissible activities.--Grants awarded under this 
        section may be used for--
                    ``(A) implementing programs to upgrade reading and 
                other academic skills of limited English proficient 
                students;
                    ``(B) developing and using educational technology 
                to improve learning, assessments, and accountability to 
                meet the needs of limited English proficient students;
                    ``(C) implementing research-based programs to meet 
                the needs of limited English proficient students;
                    ``(D) providing tutorials and academic or career 
                counseling for limited English proficient children and 
                youth;
                    ``(E) developing and implementing State and local 
                content and student performance standards for learning 
                English as a second language, as well as for learning 
                other languages;
                    ``(F) developing and implementing programs for 
                limited English proficient students to meet the needs 
                of changing populations of such students;
                    ``(G) implementing policies to ensure that limited 
                English proficient students have access to other 
                education programs (other than programs designed to 
                address limited English proficiency), such as gifted 
                and talented, vocational education, and special 
                education programs;
                    ``(H) implementing programs to meet the needs of 
                limited English proficient students with disabilities;
                    ``(I) developing and implementing programs to help 
                all students become proficient in more than 1 language; 
                and
                    ``(J) providing such other activities related to 
                the purpose of this part as the Secretary may approve.
            ``(4) Special rule.--A recipient of a grant under this 
        section, before carrying out activities under this section, 
        shall plan, train personnel, develop curricula, and acquire or 
        develop materials, but shall not use funds made available under 
        this section for planning purposes for more than 90 days. The 
        recipient shall commence carrying out activities under this 
        section not later than 90 days after the date of receipt of the 
        grant.
    ``(c) Availability of Appropriations.--
            ``(1) Reservation of funds for continued payments.--
                    ``(A) Covered grant.--In this paragraph, the term 
                `covered grant' means a grant--
                            ``(i) that was awarded under this section, 
                        or section 7115, prior to the date of enactment 
                        of the Educational Opportunities Act; and
                            ``(ii) for which the grant period has not 
                        ended.
                    ``(B) Reservation.--For any fiscal year that is 
                part of the grant period of a covered grant, the 
                Secretary shall reserve funds for the payments 
                described in subparagraph (C) from the amount 
                appropriated for the fiscal year under section 7103 and 
                made available for carrying out this section.
                    ``(C) Payments.--The Secretary shall continue to 
                make grant payments to each entity that received a 
                covered grant, for the duration of the grant period of 
                the grant, to carry out activities in accordance with 
                the appropriate section described in subparagraph 
                (A)(i).
            ``(2) Availability.--Of the amount appropriated for a 
        fiscal year under section 7103 that is made available for 
        carrying out this section, and that remains after the Secretary 
        reserves funds for payments under paragraph (1)--
                    ``(A) not less than \1/3\ of the remainder shall be 
                used to award grants for activities carried out within 
                an entire school district; and
                    ``(B) not less than \2/3\ of the remainder shall be 
                used to award grants for activities carried out within 
                individual schools.
    ``(d) Eligible Entities.--In this section, the term `eligible 
entity' means--
            (1) 1 or more local educational agencies; or
            (2) 1 or more local educational agencies, in collaboration 
        with an institution of higher education, community-based 
        organization, local educational agency, or State educational 
        agency.''.

SEC. 706. REPEAL OF SYSTEMWIDE IMPROVEMENT GRANTS.

    Section 7115 (20 U.S.C. 7425) is repealed.

SEC. 707. APPLICATIONS.

    (a) State Review and Comments.--Section 7116(b) (20 U.S.C. 7426(b)) 
is amended--
            (1) in paragraph (1), by striking ``such'' and inserting 
        ``the written comments of the agency on the''; and
            (2) in paragraph (2)(B)--
                    (A) in the matter preceding clause (i), by striking 
                ``how the eligible entity'';
                    (B) by striking clause (i) and inserting the 
                following:
                    ``(i) how the activities to be carried out under 
                the grant will further the academic achievement and 
                English proficiency of limited English proficient 
                students served under the grant; and''; and
                    (C) by striking clause (ii) and inserting the 
                following:
                    ``(ii) how the grant application is consistent with 
                the State plan required under section 1111.''.
    (b) Required Documentation.--Section 7116(f) (20 U.S.C. 7426(f)) is 
amended to read as follows:
    ``(f) Required Documentation.--Such application shall include 
documentation that--
            ``(1) the applicant has the qualified personnel required to 
        develop, administer, and implement the program proposed in the 
        application; and
            ``(2) the leadership personnel of each school participating 
        in the program have been involved in the development and 
        planning of the program in the school.''.
    (c) Contents.--Section 7116(g) (20 U.S.C. 7426(g)) is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``including 
                data'' and all that follows and inserting the 
                following: ``including--
                            ``(i) data on the number of limited English 
                        proficient students in the school or school 
                        district to be served;
                            ``(ii) the characteristics of such 
                        students, including--
                                    ``(I) the native languages of the 
                                students;
                                    ``(II) the proficiency of the 
                                students in English and their native 
                                language;
                                    ``(III) achievement data (current 
                                as of the date of submission of the 
                                application) for the limited English 
                                proficient students in--
                                            ``(aa) reading or language 
                                        arts (in English and in the 
                                        native language, if 
                                        applicable); and
                                            ``(bb) mathematics;
                                    ``(IV) a comparison of that data 
                                for the students with that data for the 
                                English proficient peers of the 
                                students; and
                                    ``(V) the previous schooling 
                                experiences of the students;
                            ``(iii) the professional development needs 
                        of the instructional personnel who will provide 
                        services for the limited English proficient 
                        students under the proposed program; and
                            ``(iv) how the services provided through 
                        the grant would supplement the basic services 
                        provided to limited English proficient 
                        students.'';
                    (B) in subparagraph (B)--
                            (i) in clause (ii)--
                                    (I) by striking ``, the Goals 2000: 
                                Educate America Act''; and
                                    (II) by striking ``section 14306'' 
                                and inserting ``section 6506'';
                            (ii) by redesignating clauses (ii) through 
                        (v) as clauses (iii) through (vi), 
                        respectively; and
                            (iii) by inserting after clause (i) the 
                        following:
                            ``(ii) will ensure that the services 
                        provided through the program will supplement 
                        the basic services the applicant provides to 
                        limited English proficient students;''; and
                    (C) in subparagraph (E), by striking ``program'' 
                and all that follows and inserting the following: 
                ``program who, individually or in combination, are 
                proficient in--
                            ``(i) English, including written, as well 
                        as oral, communication skills; and
                            ``(ii) the native language of the majority 
                        of the students that the teachers teach, if 
                        instruction in the program is in the native 
                        language as well as English.''; and
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``or 7115''.
    (d) Priorities and Special Rules.--Section 7116(i) (20 U.S.C. 
7426(i)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Priority.--In approving applications for grants for 
        programs under this subpart, the Secretary shall give priority 
        to an applicant who--
                    ``(A) experiences a dramatic increase in the number 
                or percentage of limited English proficient students 
                enrolled in the applicant's programs and has limited or 
                no experience in serving limited English proficient 
                students;
                    ``(B) is a local educational agency that serves a 
                school district that has a total district enrollment 
                that is less than 10,000 students;
                    ``(C) demonstrates that the applicant has a proven 
                record of success in helping limited English proficient 
                children and youth learn English and meet high academic 
                standards;
                    ``(D) proposes programs that provide for the 
                development of bilingual proficiency both in English 
                and another language for all participating students; or
                    ``(E) serves a school district with a large 
                percentage or number of limited English proficient 
                students.'';
            (2) by striking paragraphs (2) and (3); and
            (3) by redesignating paragraphs (4) and (5) as paragraphs 
        (2) and (3), respectively.

SEC. 708. REPEAL OF INTENSIFIED INSTRUCTION.

    Section 7117 (20 U.S.C. 7427) is repealed.

SEC. 709. REPEAL OF SUBGRANTS, PRIORITY, AND COORDINATION PROVISIONS.

    Sections 7119 through 7121 (20 U.S.C. 7429-7431) are repealed.

SEC. 710. EVALUATIONS.

    Section 7123 (20 U.S.C. 7433) is amended to read as follows:

``SEC. 7123. EVALUATIONS.

    ``(a) Evaluation.--Each recipient of funds under this subpart for a 
program shall annually conduct an evaluation of the program and submit 
to the Secretary a report concerning the evaluation, in the form 
prescribed by the Secretary.
    ``(b) Use of Evaluation.--Such evaluation shall be used by the 
grant recipient--
            ``(1) for program improvement;
            ``(2) to further define the program's goals and objectives; 
        and
            ``(3) to determine program effectiveness.
    ``(c) Evaluation Report Components.--In preparing the evaluation 
reports, the recipient shall--
            ``(1) use the data provided in the application submitted by 
        the recipient under section 7116 as baseline data against which 
        to report academic achievement and gains in English proficiency 
        for students in the program;
            ``(2) disaggregate the results of the evaluation by gender, 
        language groups, and whether the students have disabilities;
            ``(3) include data on the progress of the recipient in 
        achieving the objectives of the program, including data 
        demonstrating the extent to which students served by the 
        program are meeting the State's student performance standards, 
        and including data comparing limited English proficient 
        students with English proficient students with regard to school 
        retention and academic achievement in--
                    ``(A) reading and language arts;
                    ``(B) English proficiency;
                    ``(C) mathematics; and
                    ``(D) the native language of the students if the 
                program develops native language proficiency;
            ``(4) include information on the extent that professional 
        development activities carried out through the program have 
        resulted in improved classroom practices and improved student 
        performance;
            ``(5) include a description of how the activities carried 
        out through the program are coordinated and integrated with the 
        other Federal, State, or local programs serving limited English 
        proficient children and youth; and
            ``(6) include such other information as the Secretary may 
        require.''.

SEC. 711. RESEARCH.

    Section 7132(c)(1) (20 U.S.C. 7452(c)(1)) is amended by striking 
``under subpart 1 or 2'' and inserting ``under subpart 1 or 3 or this 
subpart''.

SEC. 712. ACADEMIC EXCELLENCE AWARDS.

    Section 7133 (20 U.S.C. 7453) is amended to read as follows:

``SEC. 7133. ACADEMIC EXCELLENCE AWARDS.

    ``(a) Authority.--The Secretary may make grants to State 
educational agencies to assist the agencies in recognizing local 
educational agencies and other public and nonprofit entities whose 
programs have--
            ``(1) demonstrated significant progress in assisting 
        limited English proficient students to learn English according 
        to age appropriate and developmentally appropriate standards; 
        and
            ``(2) demonstrated significant progress in assisting 
        limited English proficient children and youth to meet, 
        according to age appropriate and developmentally appropriate 
        standards, the same challenging State content standards as all 
        children and youth are expected to meet.
    ``(b) Applications.--A State educational agency desiring a grant 
under this section shall include an application for such grant in the 
application submitted by the agency under section 7134(e).''.

SEC. 713. STATE GRANT PROGRAM.

    (a) Grant Amount.--Section 7134(b) (20 U.S.C. 7454(b)) is amended 
by striking ``$100,000'' and inserting ``$200,000''.
    (b) Use of Funds.--Section 7134(c) (20 U.S.C. 7454(c)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``for programs authorized by this section'';
                    (B) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) assist local educational agencies in the 
                State with activities that--
                            ``(i) consist of program design, capacity 
                        building, assessment of student performance, 
                        program evaluation, and development of data 
                        collection and accountability systems for 
                        limited English proficient students; and
                            ``(ii) are aligned with State reform 
                        efforts; and''; and
                    (C) in subparagraph (B), by striking ``populations 
                and'' and all that follows and inserting ``populations 
                and document the services available to all such 
                populations.'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively.

SEC. 714. NATIONAL CLEARINGHOUSE.

    Section 7135(b) (20 U.S.C. 7455(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4)--
                    (A) by striking ``described in part A of title 
                XIII''; and
                    (B) by striking the period and inserting ``; and''; 
                and
            (3) by adding at the end the following:
            ``(5) publish, on an annual basis, a list of grant 
        recipients under this title.''.

SEC. 715. INSTRUCTIONAL MATERIALS DEVELOPMENT.

    Section 7136 (20 U.S.C. 7456) is amended, in the first sentence, by 
striking the period and inserting ``, and in other low-incidence 
languages in the United States for which instructional materials are 
not readily available.''.

SEC. 716. TRAINING FOR ALL TEACHERS PROGRAM.

    Section 7142 (20 U.S.C. 7472) is amended by striking subsections 
(b) and (c) and inserting the following:
    ``(b) Authorization.--
            ``(1) Authority.--The Secretary may award grants under this 
        section to--
                    ``(A) local educational agencies; or
                    ``(B) 1 or more local educational agencies in a 
                consortium with 1 or more State educational agencies, 
                institutions of higher education, or nonprofit 
                organizations.
            ``(2) Duration.--Each grant awarded under this section 
        shall be awarded for a period of not more than 5 years.
    ``(c) Authorized Activities.--
            ``(1) Professional development activities.--Grants awarded 
        under this section shall be used to conduct high-quality, long-
        term professional development activities relating to meeting 
        the needs of limited English proficient students, which may 
        include--
                    ``(A) developing and implementing induction 
                programs for new teachers, including programs that 
                provide mentoring and coaching by trained teachers, and 
                team teaching with experienced teachers;
                    ``(B) implementing school-based collaborative 
                efforts among teachers to improve instruction in core 
                academic areas, including reading, for students with 
                limited English proficiency;
                    ``(C) coordinating activities with other programs, 
                such as programs carried out under titles I and II and 
                the Head Start Act;
                    ``(D) implementing programs that support effective 
                teacher use of education technologies to improve 
                instruction and assessment;
                    ``(E) establishing and maintaining local 
                professional networks;
                    ``(F) developing curricular materials and 
                assessments for teachers that are aligned with State 
                and local standards and the needs of the limited 
                English proficient students to be served; and
                    ``(G) carrying out such other activities as are 
                consistent with the purpose of this section.
            ``(2) Permissible activities.--Activities conducted under 
        this section may include the development of training programs 
        in collaboration with other programs, such as programs 
        authorized under titles I and II, and under the Head Start 
        Act.''.

SEC. 717. GRADUATE FELLOWSHIPS.

    Section 7145(a) (20 U.S.C. 7475(a)) is amended--
            (1) by striking paragraph (2); and
            (2) by redesignating paragraph (3) as paragraph (2).

SEC. 718. REPEAL OF PROGRAM REQUIREMENTS.

    Section 7147 (20 U.S.C. 7477) is repealed.

SEC. 719. PROGRAM EVALUATIONS.

    Section 7149 (20 U.S.C. 7479) is amended to read as follows:

``SEC. 7149. PROGRAM EVALUATIONS.

    ``Each recipient of funds under this subpart for a program shall 
annually conduct an evaluation of the program and submit to the 
Secretary a report containing the evaluation. Such report shall include 
information on--
            ``(1) the number of participants served through the 
        program, the number of participants who completed program 
        requirements, and the number of participants who took positions 
        in an instructional setting with limited English proficient 
        students;
            ``(2) the effectiveness of the program in imparting the 
        professional skills necessary for participants to achieve the 
        objectives of the program; and
            ``(3) the teaching effectiveness of graduates of the 
        program or other participants who have completed the 
        program.''.

SEC. 720. SPECIAL RULE.

    Section 7161 (20 U.S.C. 7491) is amended by striking ``Improving 
America's Schools Act of 1994'' and inserting ``Educational 
Opportunities Act''.

SEC. 721. REPEAL OF FINDING RELATING TO FOREIGN LANGUAGE ASSISTANCE.

    Section 7202 (20 U.S.C. 7512) is repealed.

SEC. 722. FOREIGN LANGUAGE ASSISTANCE APPLICATIONS.

    Section 7204(b) (20 U.S.C. 7514(b)) is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by striking the period and inserting 
        a semicolon; and
            (3) by adding at the end the following:
            ``(4) make effective use of technology, such as computer-
        assisted instruction, language laboratories, or distance 
        learning, to promote foreign language study;
            ``(5) promote innovative activities such as foreign 
        language immersion, partial foreign language immersion, or 
        content-based instruction; and
            ``(6) are carried out through a consortium comprised of the 
        agency receiving the grant and an elementary school or 
        secondary school.''.

SEC. 723. EMERGENCY IMMIGRANT EDUCATION PURPOSE.

    Section 7301 (20 U.S.C. 7541) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 7301. PURPOSE.'';

            (2) by striking subsection (a); and
            (3) in subsection (b), by striking ``(b) Purpose.--''.

SEC. 724. EMERGENCY IMMIGRANT EDUCATION STATE ADMINISTRATIVE COSTS.

    Section 7302 (20 U.S.C. 7542) is amended by inserting after 
``percent'' the following: ``(2 percent if the State educational agency 
distributes funds received under this part to local educational 
agencies on a competitive basis)''.

SEC. 725. CONFORMING AMENDMENTS.

    (a) State Allocations.--Section 7304(a) (20 U.S.C. 7544(a)) is 
amended by striking ``7301(b)'' and inserting ``7301''.
    (b) Reports.--Section 7308(b) (20 U.S.C. 7548(b)) is amended by 
striking ``14701'' and inserting ``10201''.

SEC. 726. EMERGENCY IMMIGRANT EDUCATION AUTHORIZATION OF 
              APPROPRIATIONS.

    Section 7309 (20 U.S.C. 7549) is amended by striking ``$100,000,000 
for fiscal year 1995'' and inserting ``$200,000,000 for fiscal year 
2001''.

SEC. 727. COORDINATION AND REPORTING REQUIREMENTS.

    Section 7405(d) (20 U.S.C. 7575(d)) is amended by striking 
``Committee on Labor and Human Resources of the Senate and to the 
Committee on Education and Labor'' and inserting ``Committee on Health, 
Education, Labor, and Pensions of the Senate and to the Committee on 
Education and the Workforce''.

                         TITLE VIII--IMPACT AID

SEC. 801. SHORT TITLE.

    Title VIII (20 U.S.C. 7701 et seq.) is amended by inserting before 
section 8001 (20 U.S.C. 7701) the following:

``SEC. 8000. SHORT TITLE.

    ``This title may be cited as the `Impact Aid Act'.''.

SEC. 802. PURPOSE.

    Section 8001 (20 U.S.C. 7701) is amended--
            (1) in paragraph (4), by inserting ``or'' after the 
        semicolon;
            (2) by striking paragraph (5); and
            (3) by redesignating paragraph (6) as paragraph (5).

SEC. 803. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.

    Section 8002 (20 U.S.C. 7702) is amended--
            (1) in the matter preceding paragraph (1) of subsection 
        (a), by striking ``1999'' and inserting ``2005'';
            (2) in subsection (b)(1)--
                    (A) in subparagraph (B), by striking ``ratably 
                reduce the payment to each eligible local educational 
                agency'' and inserting ``calculate the payment for each 
                eligible local educational agency in accordance with 
                subsection (h)''; and
                    (B) in subparagraph (C), by inserting ``or this 
                section, whichever is greater'' before the period;
            (3) by amending subsection (h) to read as follows:
    ``(h) Distribution of Funds When There Are Insufficient 
Appropriations.--If the amount appropriated under section 8014(a) is 
insufficient to pay the full amount determined under subsection (b) for 
all local educational agencies for a fiscal year, then the Secretary 
shall calculate the payments the local educational agencies receive 
under this section for the fiscal year as follows:
            ``(1) Foundation payments for pre-1995 recipients.--First, 
        the Secretary shall make a foundation payment to each local 
        educational agency that is eligible to receive a payment under 
        this section for the fiscal year and was eligible to receive a 
        payment under section 2 of Public Law 81-874 for any of the 
        fiscal years 1989 through 1994. The Secretary shall make the 
        payment by multiplying 37 percent by the payment the local 
        educational agency was entitled to receive under such section 2 
        for fiscal year 1994 (or if the local educational agency did 
        not receive a payment for fiscal year 1994, the payment that 
        local educational agency was entitled to receive under such 
        section 2 for the most recent fiscal year preceding 1994). If 
        the funds appropriated under section 8014(a) for the fiscal 
        year are insufficient to fully fund the foundation payments 
        under this paragraph for the fiscal year, then the Secretary 
        shall ratably reduce the foundation payments to each local 
        educational agency under this paragraph.
            ``(2) Payments for 1995 recipients.--From any funds 
        remaining after making payments under paragraph (1) for the 
        fiscal year for which the calculation is made that are the 
        result of the calculation described in subparagraph (A), the 
        Secretary shall make a payment to each local educational agency 
        that received a payment under this section for fiscal year 1995 
        in accordance with the following rules:
                    ``(A) Calculate the difference between the amount 
                appropriated to carry out this section for fiscal year 
                1995 and the total amount of foundation payments made 
                under paragraph (1) for the fiscal year for which the 
                calculation is made.
                    ``(B) Determine the percentage share for each local 
                educational agency that received a payment under this 
                section for fiscal year 1995 by dividing the assessed 
                value of the Federal property of the local educational 
                agency for fiscal year 1995, determined in accordance 
                with subsection (b)(3), by the total national assessed 
                value of the Federal property of all such local 
                educational agencies for fiscal year 1995, as so 
                determined.
                    ``(C) Multiply the percentage share described in 
                subparagraph (B) for the local educational agency by 
                the amount determined under subparagraph (A).
            ``(3) Subsection (i) recipients.--From any funds remaining 
        after making payments under paragraphs (1) and (2) for the 
        fiscal year for which the calculation is made, the Secretary 
        shall make payments in accordance with subsection (i).
            ``(4) Remaining funds.--From any funds remaining after 
        making payments under paragraphs (1), (2), and (3) for the 
        fiscal year for which the calculation is made--
                    ``(A) the Secretary shall make a payment to each 
                local educational agency that received a foundation 
                payment under paragraph (1) for the fiscal year for 
                which the calculation is made in an amount that bears 
                the same relation to 25 percent of the remainder as the 
                amount the local educational agency received under 
                paragraph (1) for the fiscal year for which the 
                calculation is made bears to the amount all local 
                educational agencies received under paragraph (1) for 
                the fiscal year for which the calculation is made; and
                    ``(B) the Secretary shall make a payment to each 
                local educational agency that is eligible to receive a 
                payment under this section for the fiscal year for 
                which the calculation is made in an amount that bears 
                the same relation to 75 percent of the remainder as a 
                percentage share determined for the local educational 
                agency (in the same manner as percentage shares are 
                determined for local educational agencies under 
                paragraph (2)(B)) bears to the percentage share 
                determined (in the same manner) for all local 
                educational agencies eligible to receive a payment 
                under this section for the fiscal year for which the 
                calculation is made, except that for the purpose of 
                calculating a local educational agency's assessed value 
                of the Federal property, data from the most current 
                fiscal year shall be used.'';
            (4) in subsection (i)--
                    (A) in the subsection heading, by striking 
                ``Priority'' and inserting ``Special''; and
                    (B) by amending paragraph (1) to read as follows:
            ``(1) In general.--For any fiscal year beginning with 
        fiscal year 2000 for which the amount appropriated to carry out 
        this section exceeds the amount so appropriated for fiscal year 
        1996 and for which subsection (b)(1)(B) applies, the Secretary 
        shall use the remainder described in subsection (h)(3) for the 
        fiscal year for which the calculation is made (not to exceed 
        the amount equal to the difference between (A) the amount 
        appropriated to carry out this section for fiscal year 1997 and 
        (B) the amount appropriated to carry out this section for 
        fiscal year 1996) to increase the payment that would otherwise 
        be made under this section to not more than 50 percent of the 
        maximum amount determined under subsection (b) for any local 
        educational agency described in paragraph (2).'';
            (5) in subsection (j)--
                    (A) in paragraph (2)--
                            (i) by striking ``(A) A local'' and 
                        inserting ``A local''; and
                            (ii) by redesignating clauses (i) through 
                        (v) as subparagraphs (A) through (E), 
                        respectively; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) by striking the semicolon and 
                                inserting a period; and
                                    (II) by striking ``(A) The 
                                maximum'' and inserting ``The 
                                maximum''; and
                            (ii) by striking subparagraphs (B) and (C); 
                        and
            (6) by adding at the end the following:
    ``(l) Data; Preliminary and Final Payments.--The Secretary shall--
            ``(1) require any local educational agency that applied for 
        a payment under subsection (b) for a fiscal year to submit 
        expeditiously such data as may be necessary in order to compute 
        the payment;
            ``(2) as soon as possible after the beginning of any fiscal 
        year, but not later than 60 days after the date of enactment of 
        an Act making appropriations to carry out this title for the 
        fiscal year, provide a preliminary payment under subsection (b) 
        for any local educational agency that applied for a payment 
        under subsection (b) for the fiscal year, that has submitted 
        the data described in paragraph (1), and that was eligible for 
        such a payment for the preceding fiscal year, in the amount of 
        60 percent of the payment for the previous year; and
            ``(3) make every effort to provide a final payment under 
        subsection (b) for any eligible local educational agency not 
        later than 12 months after the application deadline established 
        under section 8005(c).
    ``(m) Eligibility.--
            ``(1) Old federal property.--Except as provided in 
        paragraph (2), a local educational agency that is eligible to 
        receive a payment under this section for Federal property 
        acquired by the Federal Government before the date of enactment 
        of the Educational Opportunities Act shall be eligible to 
        receive the payment only if the local educational agency 
        submits an application for a payment under this section not 
        later than 5 years after the date of enactment.
            ``(2) Combined federal property.--A local educational 
        agency that is eligible to receive a payment under this section 
        for Federal property acquired by the Federal Government before 
        the date of enactment of the Educational Opportunities Act 
        shall be eligible to receive the payment if--
                    ``(A) the Federal property, when combined with 
                other Federal property in the school district served by 
                the local educational agency acquired by the Federal 
                Government after the date of enactment, meets the 
                requirements of subsection (a); and
                    ``(B) the local educational agency submits an 
                application for a payment under this section not later 
                than 5 years after the date of acquisition of the 
                Federal property acquired after the date of enactment.
            ``(3) New federal property.--A local educational agency 
        that is eligible to receive a payment under this section for 
        Federal property acquired by the Federal Government after the 
        date of enactment of the Educational Opportunities Act shall be 
        eligible to receive the payment only if the local educational 
        agency submits an application for a payment under this section 
        not later than 5 years after the date of acquisition.''.

SEC. 804. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.

    (a) General Amendments.--Section 8003 (20 U.S.C. 7703) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)--
                            (i) by redesignating subparagraph (E) as 
                        subparagraph (F);
                            (ii) in subparagraph (D), by striking 
                        ``subparagraphs (D) and (E) of paragraph (1) by 
                        a factor of .10'' and inserting ``subparagraph 
                        (D) of paragraph (1) by a factor of .25''; and
                            (iii) by inserting after subparagraph (D) 
                        the following:
                    ``(E) Multiply the number of children described in 
                subparagraph (E) of paragraph (1) by a factor of 
                .10.'';
                    (B) in paragraph (4)--
                            (i) in the paragraph heading, by striking 
                        ``undergoing renovation'' and inserting 
                        ``undergoing renovation or rebuilding'';
                            (ii) by striking ``For purposes'' and 
                        inserting the following:
                    ``(A) In general.--For purposes'';
                            (iii) in subparagraph (A) (as designated by 
                        subparagraph (B)), by inserting ``or 
                        rebuilding'' after ``undergoing renovation''; 
                        and
                            (iv) by adding at the end the following:
                    ``(B) Limitations.--(i)(I) Except as provided in 
                subclause (II), children described in paragraph 
                (1)(D)(i) may be deemed to be children described in 
                paragraph (1)(B) with respect to housing on Federal 
                property undergoing renovation or rebuilding in 
                accordance with subparagraph (A) for a period not to 
                exceed 2 fiscal years.
                    ``(II) If the Secretary determines, on the basis of 
                a certification provided to the Secretary by a 
                designated representative of the Secretary of Defense, 
                that the expected completion date of the renovation or 
                rebuilding of the housing has been delayed by not less 
                than 1 year, then--
                            ``(aa) in the case of a determination made 
                        by the Secretary in the 1st fiscal year 
                        described in subclause (I), the time period 
                        described in such subclause shall be extended 
                        by the Secretary for an additional 2 years; and
                            ``(bb) in the case of a determination made 
                        by the Secretary in the 2nd fiscal year 
                        described in subclause (I), the time period 
                        described such subclause shall be extended by 
                        the Secretary for an additional 1 year.
                    ``(ii) The number of children described in 
                paragraph (1)(D)(i) who are deemed to be children 
                described in paragraph (1)(B) with respect to housing 
                on Federal property undergoing renovation or rebuilding 
                in accordance with subparagraph (A) for any fiscal year 
                may not exceed the maximum number of children who are 
                expected to occupy that housing upon completion of the 
                renovation or rebuilding.''; and
                    (C) by adding at the end the following:
            ``(5) Military `build to lease' program housing.--
                    ``(A) In general.--For purposes of computing the 
                amount of payment for a local educational agency for 
                children identified under paragraph (1), the Secretary 
                shall consider children residing in housing initially 
                acquired or constructed under the former section 
                2828(g) of title 10, United States Code (commonly known 
                as the `Build to Lease' program), as added by section 
                801 of the Military Construction Authorization Act, 
                1984, to be children described under paragraph (1)(B) 
                if the property described is within the fenced security 
                perimeter of the military facility upon which such 
                housing is situated.
                    ``(B) Additional requirements.--If the property 
                described in subparagraph (A) is not owned by the 
                Federal Government, is subject to taxation by a State 
                or political subdivision of a State, and thereby 
                generates revenues for a local educational agency that 
                is applying to receive a payment under this section, 
                then the Secretary--
                            ``(i) shall require the local educational 
                        agency to provide certification from an 
                        appropriate official of the Department of 
                        Defense that the property is being used to 
                        provide military housing; and
                            ``(ii) shall reduce the amount of the 
                        payment under this section by an amount equal 
                        to the amount of revenue from such taxation 
                        received in the second preceding fiscal year by 
                        such local educational agency, unless the 
                        amount of such revenue was taken into account 
                        by the State for such second preceding fiscal 
                        year and already resulted in a reduction in the 
                        amount of State aid paid to such local 
                        educational agency.'';
            (2) in subsection (b)(1), by adding at the end the 
        following:
                    ``(D) Data.--If satisfactory data from the third 
                preceding fiscal year are not available for any of the 
                expenditures described in clause (i) or (ii) of 
                subparagraph (C), the Secretary shall use data from the 
                most recent fiscal year for which data that are 
                satisfactory to the Secretary are available.'';
            (3) in subsection (d)(2), by striking ``a free appropriate 
        public education'' and inserting ``services'';
            (4) by amending subsection (e) to read as follows:
    ``(e) Hold Harmless.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        total amount the Secretary shall pay a local educational agency 
        under this section for fiscal year 2001 and each succeeding 
        fiscal year shall not be less than--
                    ``(A) the result obtained by dividing the amount 
                received by the local educational agency under this 
                subsection for fiscal year 2000 by the total weighted 
                student units calculated for the local educational 
                agency under subsection (a)(2) for fiscal year 2000; 
                multiplied by
                    ``(B) the total weighted student units calculated 
                for the local educational agency under subsection 
                (a)(2) (as such subsection was in effect on the day 
                preceding the date of enactment of the Educational 
                Opportunities Act) for the fiscal year for which the 
                determination is made.
            ``(2) Ratable reductions.--
                    ``(A) In general.--If the sums made available under 
                this title for any fiscal year are insufficient to pay 
                the full amounts that all local educational agencies in 
                all States are eligible to receive under paragraph (1) 
                for such year, then the Secretary shall ratably reduce 
                the payments to all such agencies for such year.
                    ``(B) Additional funds.--If additional funds become 
                available for making payments under paragraph (1) for 
                such fiscal year, payments that were reduced under 
                subparagraph (A) shall be increased on the same basis 
                as such payments were reduced.'';
            (5) by striking subsections (f) and (g); and
            (6) by redesignating subsections (h) and (i) as subsections 
        (f) and (g), respectively.
    (b) Basic Support Payments for Heavily Impacted Local Educational 
Agencies.--Section 8003(b) (20 U.S.C. 7703(b)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Basic Support Payments for Heavily Impacted Local 
        Educational Agencies.--
                    ``(A) In general.--(i) From the amount appropriated 
                under section 8014(b) for a fiscal year, the Secretary 
                is authorized to make basic support payments to 
                eligible heavily impacted local educational agencies 
                with children described in subsection (a).
                    ``(ii) A local educational agency that receives a 
                basic support payment under this paragraph for a fiscal 
                year shall not be eligible to receive a basic support 
                payment under paragraph (1) for that fiscal year.
                    ``(B) Eligibility for continuing heavily impacted 
                local educational agencies.--
                            ``(i) In general.--A heavily impacted local 
                        educational agency is eligible to receive a 
                        basic support payment under subparagraph (A) 
                        with respect to a number of children determined 
                        under subsection (a)(1) if the agency--
                                    (I) received an additional 
                                assistance payment under subsection (f) 
                                (as such subsection was in effect on 
                                the day before the date of the 
                                enactment of the Educational 
                                Opportunities Act) for fiscal year 
                                2000; and
                                    ``(II)(aa) is a local educational 
                                agency whose boundaries are the same as 
                                a Federal military installation;
                                    ``(bb) has an enrollment of 
                                children described in subsection (a)(1) 
                                that constitutes a percentage of the 
                                total student enrollment of the agency 
                                which is not less than 35 percent, has 
                                a per-pupil expenditure that is less 
                                than the average per-pupil expenditure 
                                of the State in which the agency is 
                                located or the average per-pupil 
                                expenditure of all States (whichever 
                                average per-pupil expenditure is 
                                greater), except that a local 
                                educational agency with a total student 
                                enrollment of less than 350 students 
                                shall be deemed to have satisfied such 
                                per-pupil expenditure requirement, and 
                                has a tax rate for general fund 
                                purposes which is not less than 95 
                                percent of the average tax rate for 
                                general fund purposes of local 
                                educational agencies in the State;
                                    ``(cc) has an enrollment of 
                                children described in subsection (a)(1) 
                                that constitutes a percentage of the 
                                total student enrollment of the agency 
                                which is not less than 30 percent, and 
                                has a tax rate for general fund 
                                purposes which is not less than 125 
                                percent of the average tax rate for 
                                general fund purposes for local 
                                educational agencies in the State;
                                    ``(dd) has a total student 
                                enrollment of not less than 25,000 
                                students, of which not less than 50 
                                percent are children described in 
                                subsection (a)(1) and not less than 
                                6,000 of such children are children 
                                described in subparagraphs (A) and (B) 
                                of subsection (a)(1); or
                                    ``(ee) meets the requirements of 
                                subsection (f)(2) applying the data 
                                requirements of subsection (f)(4) (as 
                                such subsections were in effect on the 
                                day before the date of the enactment of 
                                the Educational Opportunities Act).
                            ``(ii) Loss of eligibility.--A heavily 
                        impacted local educational agency that met the 
                        requirements of clause (i) for a fiscal year 
                        shall be ineligible to receive a basic support 
                        payment under subparagraph (A) if the agency 
                        fails to meet the requirements of clause (i) 
                        for a subsequent fiscal year, except that such 
                        agency shall continue to receive a basic 
                        support payment under this paragraph for the 
                        fiscal year for which the ineligibility 
                        determination is made.
                            ``(iii) Resumption of eligibility.--A 
                        heavily impacted local educational agency 
                        described in clause (i) that becomes ineligible 
                        under such clause for 1 or more fiscal years 
                        may resume eligibility for a basic support 
                        payment under this paragraph for a subsequent 
                        fiscal year only if the agency meets the 
                        requirements of clause (i) for that subsequent 
                        fiscal year, except that such agency shall not 
                        receive a basic support payment under this 
                        paragraph until the fiscal year succeeding the 
                        fiscal year for which the eligibility 
                        determination is made.
                    ``(C) Eligibility for new heavily impacted local 
                educational agencies.--
                            ``(i) In general.--A heavily impacted local 
                        educational agency that did not receive an 
                        additional assistance payment under subsection 
                        (f) (as such subsection was in effect on the 
                        day before the date of the enactment of the 
                        Educational Opportunities Act) for fiscal year 
                        2000 is eligible to receive a basic support 
                        payment under subparagraph (A) for fiscal year 
                        2002 and any subsequent fiscal year with 
                        respect to a number of children determined 
                        under subsection (a)(1) only if the agency is a 
                        local educational agency whose boundaries are 
                        the same as a Federal military installation, or 
                        the agency--
                                    ``(I) has an enrollment of children 
                                described in subsection (a)(1) that 
                                constitutes a percentage of the total 
                                student enrollment of the agency that--
                                            ``(aa) is not less than 50 
                                        percent if such agency receives 
                                        a payment on behalf of children 
                                        described in subparagraphs (F) 
                                        and (G) of such subsection; or
                                            ``(bb) is not less than 40 
                                        percent if such agency does not 
                                        receive a payment on behalf of 
                                        such children;
                                    ``(II)(aa) for a local educational 
                                agency that has a total student 
                                enrollment of 350 or more students, has 
                                a per-pupil expenditure that is less 
                                than the average per-pupil expenditure 
                                of the State in which the agency is 
                                located; or
                                    ``(bb) for a local educational 
                                agency that has a total student 
                                enrollment of less than 350 students, 
                                has a per-pupil expenditure that is 
                                less than the average per-pupil 
                                expenditure of a comparable local 
                                educational agency in the State in 
                                which the agency is located, as defined 
                                in regulations promulgated by the 
                                Secretary; and
                                    ``(III) has a tax rate for general 
                                fund purposes that is not less than 95 
                                percent of the average tax rate for 
                                general fund purposes of local 
                                educational agencies in the State.
                            ``(ii) Resumption of eligibility.--A 
                        heavily impacted local educational agency 
                        described in clause (i) that becomes ineligible 
                        under such clause for 1 or more fiscal years 
                        may resume eligibility for a basic support 
                        payment under this paragraph for a subsequent 
                        fiscal year only if the agency is a local 
                        educational agency whose boundaries are the 
                        same as a Federal military installation, or 
                        meets the requirements of clause (i), for that 
                        subsequent fiscal year, except that such agency 
                        shall continue to receive a basic support 
                        payment under this paragraph for the fiscal 
                        year for which the ineligibility determination 
                        is made.
                            ``(iii) Application.--With respect to the 
                        first fiscal year for which a heavily impacted 
                        local educational agency described in clause 
                        (i) applies for a basic support payment under 
                        subparagraph (A), or with respect to the first 
                        fiscal year for which a heavily impacted local 
                        educational agency applies for a basic support 
                        payment under subparagraph (A) after becoming 
                        ineligible under clause (i) for 1 or more 
                        preceding fiscal years, the agency shall apply 
                        for such payment at least 1 year prior to the 
                        start of that first fiscal year.
                    ``(D) Maximum amount for regular heavily impacted 
                local educational agencies.--(i) Except as provided in 
                subparagraph (E), the maximum amount that a heavily 
                impacted local educational agency is eligible to 
                receive under this paragraph for any fiscal year is the 
                sum of the total weighted student units, as computed 
                under subsection (a)(2) and subject to clause (ii), 
                multiplied by the greater of--
                            ``(I) four-fifths of the average per-pupil 
                        expenditure of the State in which the local 
                        educational agency is located for the third 
                        fiscal year preceding the fiscal year for which 
                        the determination is made; or
                            ``(II) four-fifths of the average per-pupil 
                        expenditure of all of the States for the third 
                        fiscal year preceding the fiscal year for which 
                        the determination is made.
                    ``(ii)(I) For a local educational agency with 
                respect to which 35 percent or more of the total 
                student enrollment of the schools of the agency are 
                children described in subparagraph (D) or (E) (or a 
                combination thereof) of subsection (a)(1), the 
                Secretary shall calculate the weighted student units of 
                such children for purposes of subsection (a)(2) by 
                multiplying the number of such children by a factor of 
                0.55.
                    ``(II) For a local educational agency that has an 
                enrollment of 100 or fewer children described in 
                subsection (a)(1), the Secretary shall calculate the 
                total number of weighted student units for purposes of 
                subsection (a)(2) by multiplying the number of such 
                children by a factor of 1.75.
                    ``(III) For a local educational agency that has an 
                enrollment of more than 100 but not more than 750 
                children described in subsection (a)(1), the Secretary 
                shall calculate the total number of weighted student 
                units for purposes of subsection (a)(2) by multiplying 
                the number of such children by a factor of 1.25.
                    ``(iii) Notwithstanding subsection (a)(3), the 
                Secretary shall compute the payment for a heavily 
                impacted local educational agency under this 
                subparagraph for all children described in subsection 
                (a)(1) that are served by the agency.
                    ``(E) Maximum amount for large heavily impacted 
                local educational agencies.--(i)(I) Subject to clause 
                (ii), the maximum amount that a heavily impacted local 
                educational agency described in subclause (II) is 
                eligible to receive under this paragraph for any fiscal 
                year shall be determined in accordance with the formula 
                described in paragraph (1)(C).
                    ``(II) A heavily impacted local educational agency 
                described in this subclause is a local educational 
                agency that has a total student enrollment of not less 
                than 25,000 students, of which not less than 50 percent 
                are children described in subsection (a)(1) and not 
                less than 6,000 of such children are children described 
                in subparagraphs (A) and (B) of subsection (a)(1).
                    ``(ii) For purposes of calculating the maximum 
                amount described in clause (i), the factor used in 
                determining the weighted student units under subsection 
                (a)(2) with respect to children described in 
                subparagraphs (A) and (B) of subsection (a)(1) shall be 
                1.35.
                    ``(F) Data.--For purposes of providing assistance 
                under this paragraph the Secretary shall use student, 
                revenue, expenditure, and tax data from the third 
                fiscal year preceding the fiscal year for which the 
                local educational agency is applying for assistance 
                under this paragraph.''.
    (c) Payments With Respect to Fiscal Years in Which Insufficient 
Funds Are Appropriated.--Section 8003(b)(3) (20 U.S.C. 7703(b)(3)) (as 
so redesignated) is amended--
            (1) in subparagraph (A), by striking ``paragraph (1)'' and 
        inserting ``paragraphs (1) and (2)'';
            (2) in subparagraph (B)--
                    (A) in the heading, by inserting after ``payments'' 
                the following: ``in lieu of payments under paragraph 
                (1)''; and
                    (B) in clause (i)--
                            (i) in the matter preceding subclause (I), 
                        by inserting before ``by multiplying'' the 
                        following: ``in lieu of basic support payments 
                        under paragraph (1)''; and
                            (ii) in subclause (II), by striking ``(not 
                        including amounts received under subsection 
                        (f))'';
            (3) by redesignating subparagraph (C) as subparagraph (D);
            (4) by inserting after subparagraph (B) the following:
                    ``(C) Learning opportunity threshold payments in 
                lieu of payments under paragraph (2).--For fiscal years 
                described in subparagraph (A), the learning opportunity 
                threshold payment in lieu of basic support payments 
                under paragraph (2) shall be equal to the amount 
                obtained under subparagraph (D) or (E) of paragraph 
                (2), as the case may be.''; and
            (5) in subparagraph (D) (as so redesignated), by striking 
        ``computation made under subparagraph (B)'' and inserting 
        ``computations made under subparagraphs (B) and (C)''.
    (d) Conforming Amendments.--Section 8003 (20 U.S.C. 7703) is 
amended--
            (1) in the matter preceding subparagraph (A) of subsection 
        (a)(1), by striking ``subsection (b), (d), or (f)'' and 
        inserting ``subsection (b) or (d)'';
            (2) in subsection (b)--
                    (A) in paragraph (1)(C), in the matter preceding 
                clause (i), by striking ``this subsection'' and 
                inserting ``this paragraph''; and
                    (B) in paragraph (4) (as so redesignated)--
                            (i) in subparagraph (A), by striking 
                        ``paragraphs (1)(B), (1)(C), and (2) of this 
                        subsection'' and inserting ``subparagraphs (B) 
                        and (C) of paragraph (1) or subparagraphs (B) 
                        through (D) of paragraph (2), as the case may 
                        be, paragraph (3) of this subsection''; and
                            (ii) in subparagraph (B)--
                                    (I) by inserting after ``paragraph 
                                (1)(C)'' the following: ``or 
                                subparagraph (D) or (E) of paragraph 
                                (2), as the case may be,''; and
                                    (II) by striking ``paragraph 
                                (2)(B)'' and inserting ``subparagraph 
                                (B) or (C) of paragraph (3), as the 
                                case may be,'';
            (3) in subsection (c)(1), by striking ``paragraph (2) and 
        subsection (f)'' and inserting ``subsections (b)(1)(D), (b)(2), 
        and paragraph (2)''; and
            (4) in subsection (h), by striking ``section 6'' and all 
        that follows through ``1994)'' and inserting ``section 386 of 
        the National Defense Authorization Act for Fiscal Year 1993''.
    (e) Effective Date.--The time limits imposed by the amendments made 
by subsection (a)(1)(B)(iv) shall apply with respect to payments made 
to a local educational agency for fiscal years beginning on or after 
the date of the enactment of this Act.

SEC. 805. SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE OF MILITARY 
              DEPENDENTS.

    Section 8006 (20 U.S.C. 7706) is repealed.

SEC. 806. SCHOOL CONSTRUCTION AND FACILITY MODERNIZATION.

    (a) School Construction.--Section 8007 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7707) is amended to read as 
follows:

``SEC. 8007. SCHOOL CONSTRUCTION.

    ``(a) Payments Authorized for School Construction.--From 20 percent 
of the amount appropriated for each fiscal year under section 8014(d), 
the Secretary shall make payments to each local educational agency--
            ``(1) that receives a basic payment under section 8003(b); 
        and
            ``(2)(A) in which the number of children determined under 
        section 8003(a)(1)(C) constituted at least 50 percent of the 
        number of children who were in average daily attendance in the 
        schools of such agency during the preceding school year;
            ``(B) in which the number of children determined under 
        subparagraphs (B) and (D)(i) of section 8003(a)(1) constituted 
        at least 50 percent of the number of children who were in 
        average daily attendance in the schools of such agency during 
        the school year preceding the school year for which the 
        determination is made; or
            ``(C) that receives assistance under section 8003(b)(2) for 
        the fiscal year preceding the school year for which the 
        determination is made.
    ``(b) Amount of Payments.--The amount of a payment to each such 
agency for a fiscal year shall be equal to--
            ``(1) the amount made available under subsection (a) for 
        the fiscal year; divided by
            ``(2) the remainder of--
                    ``(A) the number of children determined under 
                section 8003(a)(2) for all local educational agencies 
                described in subsection (a) for the fiscal year; minus
                    ``(B) the number of children attending a school 
                facility described in section 8008(a) for which the 
                Secretary provided assistance under section 8008(a) for 
                the previous fiscal year; multiplied by
            ``(3) the sum of the number of children described in 
        paragraph (2) determined for such agency for the fiscal year.
    ``(c) Use of Funds.--Any local educational agency that receives 
funds under this section shall use such funds for construction, as 
defined in section 8013(3).''.
    (b) School Facility Modernization.--Title VIII of such Act (20 
U.S.C. 7701 et seq.) is amended by inserting after section 8007 (20 
U.S.C. 7707) the following:

``SEC. 8007A. SCHOOL FACILITY MODERNIZATION.

    ``(a) Program Authorized.--
            ``(1) In general.--From 80 percent of the amount 
        appropriated for each fiscal year under section 8014(d), the 
        Secretary shall award grants to eligible local educational 
        agencies to enable the local educational agencies to carry out 
        modernization of school facilities.
            ``(2) Allocation among eligible local educational 
        agencies.--The Secretary shall allocate--
                    ``(A) 45 percent of the amount made available under 
                paragraph (1) for each fiscal year for grants to local 
                educational agencies described in clause (i) or (ii) of 
                subsection (b)(2)(A);
                    ``(B) 45 percent of such amount for grants to local 
                educational agencies described in subsection (b)(2)(B); 
                and
                    ``(C) 10 percent of such amount for grants to local 
                educational agencies described in subsection (b)(2)(C).
            ``(3) Special rule.--A local educational agency described 
        in subsection (b)(2)(B) may use grant funds made available 
        under this section for a school facility located on or near 
        Federal property only if the school facility is located at a 
        school where not less than 50 percent of the children in 
        average daily attendance in the school for the preceding school 
        year are children for which a determination is made under 
        section 8003(a)(1).
    ``(b) Eligibility Requirements.--A local educational agency is 
eligible to receive funds under this section only if--
            ``(1) such agency (or in the case of a local educational 
        agency that does not have the authority to tax or issue bonds, 
        such agency's fiscal agent) has no capacity to issue bonds or 
        is at such agency's limit in bonded indebtedness for the 
        purposes of generating funds for capital expenditures, except 
        that a local educational agency that is eligible to receive 
        funds under section 8003(b)(2) shall be deemed to have met the 
        requirements of this paragraph; and
            ``(2)(A)(i) such agency received assistance under section 
        8002(a) and has an assessed value of taxable property per 
        student in the school district that is less than the average of 
        the assessed value of taxable property per student in the State 
        in which the local educational agency is located; or
            ``(ii) had an enrollment of children determined under 
        section 8003(a)(1)(C) which constituted at least 25 percent of 
        the number of children who were in average daily attendance in 
        the schools of such agency during the school year preceding the 
        school year for which the determination is made;
            ``(B) such agency received assistance under section 8003(b) 
        and had an enrollment of children determined under 
        subparagraphs (A), (B), and (D) of section 8003(a)(1) which 
        constituted at least 25 percent of the number of children who 
        were in average daily attendance in the schools of such agency 
        during the school year preceding the school year for which the 
        determination is made; or
            ``(C) such agency had an enrollment of children determined 
        under section 8003(a)(1)(C) which constituted at least 50 
        percent of the number of children who were in average daily 
        attendance in the schools of such agency during the school year 
        preceding the school year for which the determination is made, 
        and has a school facility emergency, as determined by the 
        Secretary, that poses a health or safety hazard to the students 
        and school personnel assigned to the school facility.
    ``(c) Award Criteria.--In awarding grants under this section the 
Secretary shall consider 1 or more of the following factors:
            ``(1) The extent to which the local educational agency 
        lacks the fiscal capacity to undertake the modernization 
        project without Federal assistance.
            ``(2) The extent to which property in the local educational 
        agency is nontaxable due to the presence of the Federal 
        Government.
            ``(3) The extent to which the local educational agency 
        serves high numbers or percentages of children described in 
        subparagraphs (A), (B), (C), and (D) of section 8003(a)(1).
            ``(4) The need for modernization to meet--
                    ``(A) the threat that the condition of the school 
                facility poses to the safety and well-being of 
                students;
                    ``(B) overcrowding conditions as evidenced by the 
                use of trailers and portable buildings and the 
                potential for future overcrowding because of increased 
                enrollment; and
                    ``(C) facility needs resulting from actions of the 
                Federal Government.
            ``(5) The age of the school facility to be modernized.
    ``(d) Other Award Provisions.--
            ``(1) Amount consideration.--In determining the amount of a 
        grant awarded under this section, the Secretary shall consider 
        the cost of the modernization and the ability of the local 
        educational agency to produce sufficient funds to carry out the 
        activities for which assistance is sought.
            ``(2) Federal share.--The Federal funds provided to a local 
        educational agency under this section shall not exceed 50 
        percent of the total cost of the project to be assisted under 
        this section. A local educational agency may use in-kind 
        contributions to meet the matching requirement of the preceding 
        sentence.
            ``(3) Maximum grant.--A local educational agency may not 
        receive a grant under this section in an amount that exceeds 
        $3,000,000 during any 5-year period.
    ``(e) Applications.--A local educational agency desiring to receive 
a grant under this section shall submit an application to the Secretary 
at such time, in such manner, and accompanied by such information as 
the Secretary may require. Each application shall contain--
            ``(1) documentation of the agency's lack of bonding 
        capacity;
            ``(2) a listing of the school facilities to be modernized, 
        including the number and percentage of children determined 
        under section 8003(a)(1) in average daily attendance in each 
        school facility;
            ``(3) a description of the ownership of the property on 
        which the current school facility is located or on which the 
        planned school facility will be located;
            ``(4) a description of any school facility deficiency that 
        poses a health or safety hazard to the occupants of the school 
        facility and a description of how that deficiency will be 
        repaired;
            ``(5) a description of the modernization to be supported 
        with funds provided under this section;
            ``(6) a cost estimate of the proposed modernization; and
            ``(7) such other information and assurances as the 
        Secretary may reasonably require.
    ``(f) Emergency Grants.--
            ``(1) Applications.--Each local educational agency 
        described in subsection (b)(2)(C) that desires a grant under 
        this section shall include in the application submitted under 
        subsection (e) a signed statement from an appropriate State 
        official certifying that a health or safety deficiency exists.
            ``(2) Inapplicability of certain provisions.--Paragraphs 
        (2) and (3) of subsection (d) shall not apply to grants under 
        this section awarded to local educational agencies described in 
        subsection (b)(2)(C).
            ``(3) Special rules.--The Secretary shall make every effort 
        to meet fully the school facility needs of local educational 
        agencies described in subsection (b)(2)(C).
            ``(4) Priority.--If the Secretary receives more than 1 
        application from local educational agencies described in 
        subsection (b)(2)(C) for grants under this section for any 
        fiscal year, the Secretary shall give priority to local 
        educational agencies based on when an application was received 
        and the severity of the emergency as determined by the 
        Secretary.
            ``(5) Consideration for following year.--A local 
        educational agency described in subsection (b)(2)(C) that 
        applies for a grant under this section for any fiscal year and 
        does not receive the grant shall have the application for the 
        grant considered for the following fiscal year, subject to the 
        priority described in paragraph (4).
    ``(g) General Limitations.--
            ``(1) Real property.--No part of any grant funds awarded 
        under this section shall be used for the acquisition of any 
        interest in real property.
            ``(2) Maintenance.--Nothing in this section shall be 
        construed to authorize the payment of maintenance costs in 
        connection with any school facilities modernized in whole or in 
        part with Federal funds provided under this section.
            ``(3) Environmental safeguards.--All projects carried out 
        with Federal funds provided under this section shall comply 
        with all relevant Federal, State, and local environmental laws 
        and regulations.
            ``(4) Athletic and similar school facilities.--No Federal 
        funds received under this section shall be used for outdoor 
        stadiums or other school facilities that are primarily used for 
        athletic contests or exhibitions, or other events, for which 
        admission is charged to the general public.
    ``(h) Supplement Not Supplant.--An eligible local educational 
agency shall use funds received under this section only to supplement 
the amount of funds that would, in the absence of such Federal funds, 
be made available from non-Federal sources for the modernization of 
school facilities used for educational purposes, and not to supplant 
such funds.''.

SEC. 807. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.

    Section 8009 (20 U.S.C. 7709) is amended--
            (1) in subsection (a)(1), by striking ``or under'' and all 
        that follows through ``of 1994)'';
            (2) by amending subsection (b)(1) to read as follows:
            ``(1) In general.--A State may reduce State aid to a local 
        educational agency that receives a payment under section 8002 
        or 8003(b) (except the amount calculated in excess of 1.0 under 
        section 8003(a)(2)(B)) for any fiscal year if the Secretary 
        determines, and certifies under subsection (c)(3)(A), that the 
        State has in effect a program of State aid that equalizes 
        expenditures for free public education among local educational 
        agencies in the State.''; and
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in the matter proceeding subparagraph 
                        (A), by striking ``or under'' and all that 
                        follows through ``of 1994)''; and
                            (ii) in subparagraph (B), by striking ``or 
                        under'' and all that follows through ``of 
                        1994)''; and
                    (B) in paragraph (2), by striking ``or under'' and 
                all that follows through ``of 1994)''.

SEC. 808. FEDERAL ADMINISTRATION.

    Section 8010(c) (20 U.S.C. 7710(c)) is amended--
            (1) by striking paragraph (1);
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (1) and (2), respectively;
            (3) in paragraph (1) (as so redesignated), by striking 
        ``paragraph (3)'' each place the term appears and inserting 
        ``paragraph (2)''; and
            (4) in paragraph (2) (as so redesignated)--
                    (A) in subparagraph (D), by striking ``section 
                5(d)(2)'' and all that follows through ``of 1994) or''; 
                and
                    (B) in subparagraph (E)--
                            (i) by striking ``1994'' and inserting 
                        ``1999'';
                            (ii) by striking ``(or such section's 
                        predecessor authority)''; and
                            (iii) by striking ``paragraph (2)'' and 
                        inserting ``paragraph (1)''.

SEC. 809. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

    Section 8011(a) (20 U.S.C. 7711(a)) is amended--
            (1) by striking ``the Act'' and all that follows through 
        ``of 1994)'' and inserting ``this title's predecessor 
        authorities''; and
            (2) by inserting before the period ``, if a request for 
        such hearing is submitted to the Secretary by the affected 
        local educational agency or State educational agency not later 
        than 60 days after receiving notice that such action has 
        occurred''.

SEC. 810. FORGIVENESS OF OVERPAYMENTS.

    The matter preceding paragraph (1) of section 8012 (20 U.S.C. 7712) 
is amended by striking ``under the Act'' and all that follows through 
``of 1994)'' and inserting ``under this title's predecessor 
authorities''.

SEC. 811. APPLICABILITY.

    Title VIII is amended by inserting after section 8012 (20 U.S.C. 
7712) the following:

``SEC. 8012A. APPLICABILITY TO THIS TITLE.

    ``Part B of title IV, parts D, E, and F of title VI, and part A of 
title X, shall not apply to this title.''.

SEC. 812. DEFINITIONS.

    Section 8013 (20 U.S.C. 7713) is amended--
            (1) in the first sentence of paragraph (4), by striking 
        ``title VI'' and inserting ``part A of title VI'';
            (2) in paragraph (5)--
                    (A) in subparagraph (A)(iii)--
                            (i) in subclause (I)--
                                    (I) by striking ``low-rent'' and 
                                inserting ``low-income''; and
                                    (II) by striking ``or'' after the 
                                semicolon; and
                            (ii) by adding at the end the following:
                                    ``(III) used for affordable housing 
                                assisted under the Native American 
                                Housing Assistance and Self-
                                Determination Act of 1996; or''; and
                    (B) in subparagraph (F)(i), by striking ``the 
                mutual'' and all that follows through ``1937'' and 
                inserting ``or authorized by the Native American 
                Housing Assistance and Self-Determination Act of 
                1996'';
            (3) in paragraph (8)(B), by striking ``all States'' and 
        inserting ``the 50 States and the District of Columbia'';
            (4) in paragraph (9)(B)(i), by striking ``or the Act'' and 
        all that follows through ``of 1994)'' and inserting ``(or under 
        this title's predecessor authorities)'';
            (5) by redesignating paragraphs (11) and (12) as paragraphs 
        (12) and (13), respectively;
            (6) by inserting after paragraph (10) the following:
            ``(11) Modernization.--The term `modernization' means 
        repair, renovation, alteration, or construction, including--
                    ``(A) the concurrent installation of equipment; and
                    ``(B) the complete or partial replacement of an 
                existing school facility, but only if such replacement 
                is less expensive and more cost-effective than repair, 
                renovation, or alteration of the school facility.''; 
                and
            (7) by amending paragraph (13) (as so redesignated) to read 
        as follows:
            ``(13) School facility.--The term `school facility' 
        includes--
                    ``(A) a classroom, laboratory, library, media 
                center, or related facility, the primary purpose of 
                which is the instruction of public elementary school or 
                secondary school students; and
                    ``(B) equipment, machinery, and utilities necessary 
                or appropriate for school purposes.''.

SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Section 8014 (20 U.S.C. 7714) is amended--
            (1) in subsection (a), by striking ``$16,750,000 for fiscal 
        year 1995'' and inserting ``$35,000,000 for fiscal year 2001'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Basic Payments; Payments for Heavily Impacted Local 
Educational Agencies.--For the purpose of making payments under 
subsection (b) of section 8003, there are authorized to be appropriated 
$875,000,000 for fiscal year 2001 and such sums as may be necessary for 
each of the 4 succeeding fiscal years.'';
            (3) in subsection (c), by striking ``$45,000,000 for fiscal 
        year 1995'' and inserting ``$60,000,000 for fiscal year 2001'';
            (4) by striking subsection (d);
            (5) by redesignating subsections (e), (f) and (g) as 
        subsections (d), (e) and (f), respectively;
            (6) in subsection (d) (as so redesignated)--
                    (A) in the subsection heading by inserting ``and 
                Facility Modernization'' after ``Construction'';
                    (B) by striking ``section 8007'' and inserting 
                ``sections 8007 and 8007A''; and
                    (C) by striking ``$25,000,000 for fiscal year 
                1995'' and inserting ``$62,500,000 for fiscal year 
                2001'';
            (7) in subsection (e) (as so redesignated), by striking 
        $2,000,000 for fiscal year 1995'' and inserting ``$7,000,000 
        for fiscal year 2001''; and
            (8) in subsection (f) (as so redesignated), by striking 
        ``such sums as are necessary beginning in fiscal year 1998 and 
        for each succeeding fiscal year'' and inserting ``$500,000 for 
        fiscal year 2001 and such sums as may be necessary for each of 
        the 4 succeeding fiscal years''.
    (b) Conforming Amendments.--Title VIII (20 U.S.C. 7701 et seq.) is 
amended--
            (1) in section 8002(j)(1) (20 U.S.C. 7702(j)(1)), by 
        striking ``8014(g)'' and inserting ``8014(f)''; and
            (2) in section 8008(a) (20 U.S.C. 7708(a)), by striking 
        ``8014(f)'' and inserting ``8014(e)''.

SEC. 814. TECHNICAL AND CONFORMING AMENDMENT.

    Section 426 of the General Education Provisions Act (20 U.S.C. 
1228) is amended by striking ``subsections (d) and (g) of section 
8003'' and inserting ``section 8003(d)''.

     TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

SEC. 901. PROGRAMS.

    Title IX (20 U.S.C. 7801 et seq.) is amended to read as follows:

    ``TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

                       ``PART A--INDIAN EDUCATION

``SEC. 9101. FINDINGS.

    ``Congress finds that--
            ``(1) the Federal Government has a special responsibility 
        to ensure that educational programs for all American Indian and 
        Alaska Native children and adults--
                    ``(A) are based on high-quality, internationally 
                competitive content standards and student performance 
                standards, and build on Indian culture and the Indian 
                community;
                    ``(B) assist local educational agencies, Indian 
                tribes, and other entities and individuals in providing 
                Indian students the opportunity to achieve the 
                standards described in subparagraph (A); and
                    ``(C) meet the unique educational and culturally 
                related academic needs of American Indian and Alaska 
                Native students;
            ``(2) since the date of enactment of the Indian Education 
        Act in 1972, the level of involvement of Indian parents in the 
        planning, development, and implementation of educational 
        programs that affect such parents and their children has 
        increased significantly, and schools should continue to foster 
        such involvement;
            ``(3) although the number of Indian teachers, 
        administrators, and university professors has increased since 
        1972, teacher training programs are not recruiting, training, 
        or retraining a sufficient number of Indian individuals as 
        educators to meet the needs of a growing Indian student 
        population in elementary, secondary, vocational, adult, and 
        higher education;
            ``(4) the dropout rate for Indian students is unacceptably 
        high: 9 percent of Indian students who were eighth graders in 
        1988 had already dropped out of school by 1990;
            ``(5) during the period from 1980 to 1990, the percentage 
        of Indian individuals living at or below the poverty level 
        increased from 24 percent to 31 percent, and the readiness of 
        Indian children to learn is hampered by the high incidence of 
        poverty, unemployment, and health problems among Indian 
        children and their families; and
            ``(6) research related specifically to the education of 
        Indian children and adults is very limited, and much of the 
        research is of poor quality or is focused on limited local or 
        regional issues.

``SEC. 9102. PURPOSE.

    ``(a) Purpose.--The purpose of this part is to support the efforts 
of local educational agencies, Indian tribes and organizations, 
postsecondary institutions, and other entities to meet the unique 
educational and culturally related academic needs of American Indian 
and Alaska Native students, so that such students can meet the same 
challenging State performance standards as are expected for all 
students.
    ``(b) Programs.--This part carries out the purpose described in 
subsection (a) by authorizing programs of direct assistance for--
            ``(1) meeting the unique educational and culturally related 
        academic needs of American Indians and Alaska Natives;
            ``(2) the education of Indian children and adults;
            ``(3) the training of Indian persons as educators and 
        counselors, and in other professions serving Indian people; and
            ``(4) research, evaluation, data collection, and technical 
        assistance.

       ``Subpart 1--Formula Grants to Local Educational Agencies

``SEC. 9111. PURPOSE.

    ``The purpose of this subpart is to support local educational 
agencies in their efforts to reform elementary school and secondary 
school programs that serve Indian students in order to ensure that such 
programs--
            ``(1) are based on challenging State content standards and 
        State student performance standards that are used for all 
        students; and
            ``(2) are designed to assist Indian students to meet those 
        standards and assist the Nation in reaching the National 
        Education Goals.

``SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

    ``(a) In General.--The Secretary may make grants to local 
educational agencies and Indian tribes in accordance with this section.
    ``(b) Local Educational Agencies.--
            ``(1) Enrollment requirements.--A local educational agency 
        shall be eligible for a grant under this subpart for any fiscal 
        year if the number of Indian children who are eligible under 
        section 9117, and who were enrolled in the schools of the 
        agency, and to whom the agency provided free public education, 
        during the preceding fiscal year--
                    ``(A) was at least 10; or
                    ``(B) constituted not less than 25 percent of the 
                total number of individuals enrolled in the schools of 
                such agency.
            ``(2) Exclusion.--The requirement of paragraph (1) shall 
        not apply in Alaska, California, or Oklahoma, or with respect 
        to any local educational agency located on, or in proximity to, 
        a reservation.
    ``(c) Indian Tribes.--
            ``(1) In general.--If a local educational agency that is 
        otherwise eligible for a grant under this subpart does not 
        establish a parent committee under section 9114(c)(4), an 
        Indian tribe that represents not less than \1/2\ of the 
        eligible Indian children who are served by such local 
        educational agency may apply for such grant by submitting an 
        application in accordance with section 9114.
            ``(2) Special rule.--The Secretary shall treat each Indian 
        tribe applying for a grant pursuant to paragraph (1) as if such 
        Indian tribe were a local educational agency for purposes of 
        this subpart, except that any such tribe shall not be subject 
        to section 9114(c)(4) (relating to a parent committee), section 
        9118(c) (relating to maintenance of effort), or section 9119 
        (relating to State review of applications).

``SEC. 9113. AMOUNT OF GRANTS.

    ``(a) Amount of Grant Awards.--
            ``(1) In general.--Except as provided in subsections (c) 
        and (d), for purposes of making grants under this subpart the 
        Secretary shall allocate to each local educational agency that 
        has an approved application under this subpart an amount equal 
        to the product of--
                    ``(A) the number of Indian children who are 
                eligible under section 9117 and served by such agency; 
                and
                    ``(B) the greater of--
                            ``(i) the average per-pupil expenditure of 
                        the State in which such agency is located; or
                            ``(ii) 80 percent of the average per-pupil 
                        expenditure of all the States.
            ``(2) Reduction.--The Secretary shall reduce the amount of 
        each allocation determined under paragraph (1) or subsection 
        (b) in accordance with subsection (c).
    ``(b) Schools Operated or Supported by the Bureau of Indian 
Affairs.--
            ``(1) In general.--In addition to the grants awarded under 
        subsection (a), and subject to paragraph (2), for purposes of 
        making grants under this subpart the Secretary shall allocate 
        to the Secretary of the Interior an amount equal to the product 
        of--
                    ``(A) the total number of Indian children enrolled 
                in schools that are operated by--
                            ``(i) the Bureau of Indian Affairs; or
                            ``(ii) an Indian tribe, or an organization 
                        controlled or sanctioned by an Indian tribal 
                        government, for the children of such tribe 
                        under a contract with, or grant from, the 
                        Department of the Interior under the Indian 
                        Self-Determination Act or the Tribally 
                        Controlled Schools Act of 1988; and
                    ``(B) the greater of--
                            ``(i) the average per-pupil expenditure of 
                        the State in which the school is located; or
                            ``(ii) 80 percent of the average per-pupil 
                        expenditure of all the States.
            ``(2) Special rule.--Any school described in paragraph (1) 
        may apply for an allocation under this subpart by submitting an 
        application in accordance with section 9114. The Secretary 
        shall treat the school as if the school were a local 
        educational agency for purposes of this subpart, except that 
        any such school shall not be subject to section 9114(c)(4), 
        9118(c), or 9119.
    ``(c) Ratable Reductions.--If the sums appropriated for any fiscal 
year under section 9162(a) are insufficient to pay in full the amounts 
determined for local educational agencies under subsection (a) and for 
the Secretary of the Interior under subsection (b), each of those 
amounts shall be ratably reduced.
    ``(d) Minimum Grant.--
            ``(1) In general.--Notwithstanding subsection (c), a local 
        educational agency (including an Indian tribe as authorized 
        under section 9112(b)) that is eligible for a grant under 
        section 9112, and a school that is operated or supported by the 
        Bureau of Indian Affairs that is eligible for a grant under 
        subsection (b), that submits an application that is approved by 
        the Secretary, shall, subject to appropriations, receive a 
        grant under this subpart in an amount that is not less than 
        $3,000.
            ``(2) Consortia.--Local educational agencies may form a 
        consortium for the purpose of obtaining grants under this 
        subpart.
            ``(3) Increase.--The Secretary may increase the minimum 
        grant under paragraph (1) to not more than $4,000 for all grant 
        recipients if the Secretary determines such increase is 
        necessary to ensure quality programs.
    ``(e) Definition.--In this section, the term `average per-pupil 
expenditure', for a State, means an amount equal to--
            ``(1) the sum of the aggregate current expenditures of all 
        the local educational agencies in the State, plus any direct 
        current expenditures by the State for the operation of such 
        agencies, without regard to the sources of funds from which 
        such local or State expenditures were made, during the second 
        fiscal year preceding the fiscal year for which the computation 
        is made; divided by
            ``(2) the aggregate number of children who were included in 
        average daily attendance and for whom such agencies provided 
        free public education during such preceding fiscal year.

``SEC. 9114. APPLICATIONS.

    ``(a) Application Required.--Each local educational agency that 
desires to receive a grant under this subpart shall submit an 
application to the Secretary at such time, in such manner, and 
containing such information as the Secretary may reasonably require.
    ``(b) Comprehensive Program Required.--Each application submitted 
under subsection (a) shall include a description of a comprehensive 
program for meeting the needs of Indian children served by the local 
educational agency, including the language and cultural needs of the 
children, that--
            ``(1) describes how the comprehensive program will offer 
        programs and activities to meet the culturally related academic 
        needs of American Indian and Alaska Native students;
            ``(2)(A) is consistent with the State and local plans 
        submitted under other provisions of this Act; and
            ``(B) includes academic content and student performance 
        goals for such children, and benchmarks for attaining such 
        goals, that are based on the challenging State standards 
        adopted under title I for all children;
            ``(3) explains how Federal, State, and local programs, 
        especially programs carried out under title I, will meet the 
        needs of such students;
            ``(4) demonstrates how funds made available under this 
        subpart will be used for activities described in section 9115;
            ``(5) describes the professional development opportunities 
        that will be provided, as needed, to ensure that--
                    ``(A) teachers and other school professionals who 
                are new to the Indian community are prepared to work 
                with Indian children; and
                    ``(B) all teachers who will be involved in programs 
                assisted under this subpart have been properly trained 
                to carry out such programs; and
            ``(6) describes how the local educational agency--
                    ``(A) will periodically assess the progress of all 
                Indian children enrolled in the schools of the local 
                educational agency, including Indian children who do 
                not participate in programs assisted under this 
                subpart, in meeting the goals described in paragraph 
                (2);
                    ``(B) will provide the results of each assessment 
                referred to in subparagraph (A) to--
                            ``(i) the committee of parents described in 
                        subsection (c)(4); and
                            ``(ii) the community served by the local 
                        educational agency; and
                    ``(C) is responding to findings of any previous 
                assessments that are similar to the assessments 
                described in subparagraph (A).
    ``(c) Assurances.--Each application submitted under subsection (a) 
shall include assurances that--
            ``(1) the local educational agency will use funds received 
        under this subpart only to supplement the funds that, in the 
        absence of the Federal funds made available under this subpart, 
        such agency would make available for the education of Indian 
        children, and not to supplant such funds;
            ``(2) the local educational agency will prepare and submit 
        to the Secretary such reports, in such form and containing such 
        information, as the Secretary may require to--
                    ``(A) carry out the functions of the Secretary 
                under this subpart; and
                    ``(B) determine the extent to which activities 
                carried out with funds provided to the local 
                educational agency under this subpart are effective in 
                improving the educational achievement of Indian 
                students served by such agency;
            ``(3) the program for which assistance is sought--
                    ``(A) is based on a comprehensive local assessment 
                and prioritization of the unique educational and 
                culturally related academic needs of the American 
                Indian and Alaska Native students for whom the local 
                educational agency is providing an education;
                    ``(B) will use the best available talents and 
                resources, including individuals from the Indian 
                community; and
                    ``(C) was developed by such agency in open 
                consultation with parents of Indian children and 
                teachers, and, if appropriate, Indian students from 
                secondary schools, including through public hearings 
                held by such agency to provide to the individuals 
                described in this subparagraph a full opportunity to 
                understand the program and to offer recommendations 
                regarding the program; and
            ``(4) the local educational agency developed the program 
        with the participation and written approval of a committee--
                    ``(A) that is composed of, and selected by--
                            ``(i) parents of Indian children in the 
                        local educational agency's schools and teachers 
                        in the schools; and
                            ``(ii) if appropriate, Indian students 
                        attending secondary schools of the agency;
                    ``(B) a majority of whose members are parents of 
                Indian children;
                    ``(C) that has set forth such policies and 
                procedures, including policies and procedures relating 
                to the hiring of personnel, as will ensure that the 
                program for which assistance is sought will be operated 
                and evaluated in consultation with, and with the 
                involvement of, parents of the children, and 
                representatives of the area, to be served;
                    ``(D) with respect to an application describing a 
                schoolwide program carried out in accordance with 
                section 9115(c), that has--
                            ``(i) reviewed in a timely fashion the 
                        program; and
                            ``(ii) determined that the program will 
                        enhance the availability of culturally related 
                        activities for American Indian and Alaska 
                        Native students; and
                    ``(E) that has adopted reasonable bylaws for the 
                conduct of the activities of the committee and abides 
                by such bylaws.

``SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.

    ``(a) General Requirements.--Each local educational agency that 
receives a grant under this subpart shall use the grant funds, in a 
manner consistent with the purpose specified in section 9111, for 
services and activities that--
            ``(1) are designed to carry out the comprehensive program 
        of the local educational agency for Indian students, and 
        described in the application of the local educational agency 
        submitted to the Secretary under section 9114;
            ``(2) are designed with special regard for the language and 
        cultural needs of the Indian students; and
            ``(3) supplement and enrich the regular school program of 
        such agency.
    ``(b) Particular Services and Activities.--The services and 
activities referred to in subsection (a) may include--
            ``(1) culturally related activities that support the 
        program described in the application submitted by the local 
        educational agency;
            ``(2) early childhood and family programs that emphasize 
        school readiness;
            ``(3) enrichment programs that focus on problem-solving and 
        cognitive skills development and directly support the 
        attainment of challenging State content standards and State 
        student performance standards;
            ``(4) integrated educational services in combination with 
        other programs that meet the needs of Indian children and their 
        families;
            ``(5) career preparation activities to enable Indian 
        students to participate in programs such as the programs 
        supported by Public Law 103-239 and Public Law 88-210, 
        including programs for tech-prep, mentoring, and apprenticeship 
        activities;
            ``(6) activities to educate individuals concerning 
        substance abuse and to prevent substance abuse;
            ``(7) the acquisition of equipment, but only if the 
        acquisition of the equipment is essential to meet the purpose 
        described in section 9111;
            ``(8) activities that promote the incorporation of 
        culturally responsive teaching and learning strategies into the 
        educational program of the local educational agency;
            ``(9) activities that incorporate American Indian and 
        Alaska Native specific curriculum content, consistent with 
        State standards, into the curriculum used by the local 
        educational agency;
            ``(10) activities to promote coordination and collaboration 
        between tribal, Federal, and State public schools in areas that 
        will improve American Indian and Alaska Native student 
        achievement; and
            ``(11) family literacy services.
    ``(c) Schoolwide Programs.--Notwithstanding any other provision of 
law, a local educational agency may use funds made available to such 
agency under this subpart to support a schoolwide program under section 
1114 if--
            ``(1) the committee composed of parents established 
        pursuant to section 9114(c)(4) approves the use of the funds 
        for the schoolwide program; and
            ``(2) the schoolwide program is consistent with the purpose 
        described in section 9111.
    ``(d) Administrative Costs.--Not more than 5 percent of the funds 
made available to a local educational agency through a grant made under 
this subpart for a fiscal year may be used to pay for administrative 
costs.

``SEC. 9116. INTEGRATION OF SERVICES AUTHORIZED.

    ``(a) Plan.--An entity receiving funds under this subpart may 
submit a plan to the Secretary for a demonstration project for the 
integration of education and related services provided to Indian 
students.
    ``(b) Consolidation of Programs.--Upon the receipt of an acceptable 
plan under subsection (a), the Secretary, in cooperation with each 
Federal agency providing grants for the provision of education and 
related services to the applicant, shall authorize the applicant to 
consolidate, in accordance with such plan, the federally funded 
education and related services programs of the applicant and the 
agencies, or portions of the programs, serving Indian students in a 
manner that integrates the program services involved into a single, 
coordinated, comprehensive program and reduces administrative costs by 
consolidating administrative functions.
    ``(c) Programs Affected.--The funds that may be consolidated in a 
demonstration project under any such plan referred to in subsection (b) 
shall include funds for any Federal program exclusively serving Indian 
children, or the funds reserved exclusively to serve Indian children 
under any program, for which the applicant is eligible for receipt of 
funds under a statutory or administrative formula for the purposes of 
providing education and related services for Indian students.
    ``(d) Plan Requirements.--For a plan to be acceptable pursuant to 
subsection (b), the plan shall--
            ``(1) identify the programs or funding sources to be 
        consolidated;
            ``(2) be consistent with the objectives of this section 
        authorizing the program services to be integrated in a 
        demonstration project;
            ``(3) describe a comprehensive strategy that identifies the 
        full range of potential educational opportunities and related 
        services to be provided to assist Indian students to achieve 
        the objectives set forth in this subpart;
            ``(4) describe the way in which the services are to be 
        integrated and delivered and the results expected from the 
        plan;
            ``(5) identify the projected expenditures under the plan in 
        a single budget;
            ``(6) identify the State, tribal, or local agencies to be 
        involved in the delivery of the services integrated under the 
        plan;
            ``(7) identify any statutory provisions, regulations, 
        policies, or procedures that the applicant believes need to be 
        waived in order to implement the plan;
            ``(8) set forth measures of student achievement and 
        performance goals designed to be met within a specified period 
        of time for activities provided under the plan; and
            ``(9) be approved by a parent committee formed in 
        accordance with section 9114(c)(4), if such a committee exists, 
        in consultation with the Committee on Resources of the House of 
        Representatives and the Committee on Indian Affairs of the 
        Senate.
    ``(e) Plan Review.--Upon receipt of the plan from an eligible 
entity, the Secretary shall consult with the head of each Federal 
agency providing funds to be used to implement the plan, and with the 
entity submitting the plan. The parties so consulting shall identify 
any waivers of statutory requirements or of Federal regulations, 
policies, or procedures necessary to enable the applicant to implement 
the plan. Notwithstanding any other provision of law, the Secretary of 
the affected agency shall have the authority to waive, for the 
applicant, any regulation, policy, or procedure promulgated by that 
agency that has been so identified by the applicant or agency, unless 
the head of the affected agency determines that such a waiver is 
inconsistent with the objectives of this subpart or the provisions of 
the statute from which the program involved derives authority that are 
specifically applicable to Indian students.
    ``(f) Plan Approval.--Within 90 days after the receipt of an 
applicant's plan by the Secretary under subsection (a), the Secretary 
shall inform the applicant, in writing, of the Secretary's approval or 
disapproval of the plan. If the plan is disapproved, the applicant 
shall be informed, in writing, of the reasons for the disapproval and 
shall be given an opportunity to amend the plan or to petition the 
Secretary to reconsider such disapproval.
    ``(g) Responsibilities of Department of Education.--Not later than 
180 days after the date of enactment of the Educational Opportunities 
Act, the Secretary of Education, the Secretary of the Interior, and the 
head of any other Federal agency identified by the Secretary of 
Education, shall enter into an interagency memorandum of agreement 
providing for the implementation of the demonstration projects 
authorized under this section. The lead agency for a demonstration 
project authorized under this section shall be--
            ``(1) the Department of the Interior, in the case of an 
        applicant that is a contract or grant school, as defined in 
        section 1146 of the Education Amendments of 1978; or
            ``(2) the Department of Education, in the case of any other 
        applicant.
    ``(h) Responsibilities of Lead Agency.--The responsibilities of the 
lead agency for a demonstration project shall include--
            ``(1) the use of a single report format related to the plan 
        for the individual project, which shall be used by an eligible 
        entity to report on the activities undertaken under the 
        project;
            ``(2) the use of a single report format related to the 
        projected expenditures for the individual project, which shall 
        be used by an eligible entity to report on all project 
        expenditures;
            ``(3) the development of a single system of Federal 
        oversight for the project, which shall be implemented by the 
        lead agency; and
            ``(4) the provision of technical assistance to an eligible 
        entity appropriate to the project, except that an eligible 
        entity shall have the authority to accept or reject the plan 
        for providing such technical assistance and the technical 
        assistance provider.
    ``(i) Report Requirements.--
            ``(1) In general.--The Secretary shall develop, consistent 
        with the requirements of this section, a single report format 
        for the reports described in subsection (h).
            ``(2) Report information.--Such report format shall require 
        that the reports shall--
                    ``(A) contain such information as will allow a 
                determination that the eligible entity has complied 
                with the requirements incorporated in the entity's 
                approved plan, including the demonstration of student 
                achievement; and
                    ``(B) provide assurances to the Secretary of 
                Education and the Secretary of the Interior that the 
                eligible entity has complied with all directly 
                applicable statutory requirements and with those 
                directly applicable regulatory requirements that have 
                not been waived.
            ``(3) Record information.--The Secretary shall require that 
        records maintained at the local level on the programs 
        consolidated for the project shall contain the information and 
        provide the assurances described in paragraph (2).
    ``(j) No Reduction in Amounts.--In no case shall the amount of 
Federal funds available to an eligible entity involved in any 
demonstration project be reduced as a result of the enactment of this 
section.
    ``(k) Interagency Fund Transfers Authorized.--The Secretary is 
authorized to take such action as may be necessary to provide for an 
interagency transfer of funds otherwise available to an eligible entity 
in order to further the objectives of this section.
    ``(l) Administration of Funds.--
            ``(1) In general.--An eligible entity shall administer the 
        program funds for the consolidated programs in such a manner as 
        to allow for a determination that funds from a specific program 
        are spent on allowable activities authorized under such 
        program, except that the eligible entity shall determine the 
        proportion of the funds that shall be allocated to such 
        program.
            ``(2) Separate records not required.--Nothing in this 
        section shall be construed as requiring the eligible entity to 
        maintain separate records tracing any services or activities 
        conducted under the approved plan to the individual programs 
        under which funds were authorized for the services or 
        activities, nor shall the eligible entity be required to 
        allocate expenditures among such individual programs.
    ``(m) Overage.--The eligible entity may commingle all 
administrative funds from the consolidated programs and shall be 
entitled to the full amount of such funds (under each program's or 
agency's regulations). The overage (defined as the difference between 
the amount of the commingled funds and the actual administrative cost 
of the programs) shall be considered to be properly spent for Federal 
audit purposes, if the overage is used for the purposes provided for 
under this section.
    ``(n) Fiscal Accountability.--Nothing in this part shall be 
construed so as to interfere with the ability of the Secretary or the 
lead agency to fulfill responsibilities for safeguarding Federal funds 
pursuant to chapter 75 of title 31, United States Code.
    ``(o) Report on Statutory Obstacles to Program Integration.--
            ``(1) Preliminary report.--Not later than 2 years after the 
        date of enactment of the Educational Opportunities Act, the 
        Secretary of Education shall submit a preliminary report to the 
        Committee on Education and the Workforce and the Committee on 
        Resources of the House of Representatives and the Committee on 
        Health, Education, Labor, and Pensions and the Committee on 
        Indian Affairs of the Senate on the status of the 
        implementation of the demonstration projects authorized under 
        this section.
            ``(2) Final report.--Not later than 5 years after the date 
        of enactment of the Educational Opportunities Act, the 
        Secretary of Education shall submit a report to the Committee 
        on Education and the Workforce and the Committee on Resources 
        of the House of Representatives and the Committee on Health, 
        Education, Labor, and Pensions and the Committee on Indian 
        Affairs of the Senate on the results of the implementation of 
        the demonstration projects authorized under this section. Such 
        report shall identify statutory barriers to the ability of 
        participants to integrate more effectively their education and 
        related services to Indian students in a manner consistent with 
        the objectives of this section.
    ``(p) Definition.--In this section, the term `Secretary' means--
            ``(1) the Secretary of the Interior, in the case of an 
        applicant that is a contract or grant school, as defined in 
        section 1146 of the Education Amendments of 1978; or
            ``(2) the Secretary of Education, in the case of any other 
        applicant.

``SEC. 9117. STUDENT ELIGIBILITY FORMS.

    ``(a) In General.--The Secretary shall require that, as part of an 
application for a grant under this subpart, each applicant shall 
maintain a file, with respect to each Indian child for whom the local 
educational agency provides a free public education, that contains a 
form that sets forth information establishing the status of the child 
as an Indian child eligible for assistance under this subpart, and that 
otherwise meets the requirements of subsection (b).
    ``(b) Forms.--
            ``(1) In general.--The form described in subsection (a) 
        shall include--
                    ``(A) either--
                            ``(i)(I) the name of the tribe or band of 
                        Indians (as defined in section 9161(3)) with 
                        respect to which the child claims membership;
                            ``(II) the enrollment number establishing 
                        the membership of the child (if readily 
                        available); and
                            ``(III) the name and address of the 
                        organization that maintains updated and 
                        accurate membership data for such tribe or band 
                        of Indians; or
                            ``(ii) if the child is not a member of 
                        tribe or band of Indians (as so defined), the 
                        name, the enrollment number (if readily 
                        available), and the name and address of the 
                        organization responsible for maintaining 
                        updated and accurate membership rolls, of any 
                        parent or grandparent of the child from whom 
                        the child claims eligibility under this 
                        subpart;
                    ``(B) a statement of whether the tribe or band of 
                Indians (as so defined) with respect to which the 
                child, or parent or grandparent of the child, claims 
                membership is federally recognized;
                    ``(C) the name and address of the parent or legal 
                guardian of the child;
                    ``(D) a signature of the parent or legal guardian 
                of the child that verifies the accuracy of the 
                information supplied; and
                    ``(E) any other information that the Secretary 
                considers necessary to provide an accurate program 
                profile.
            ``(2) Minimum information.--In order for a child to be 
        eligible to be counted for the purpose of computing the amount 
        of a grant award made under section 9113, an eligibility form 
        prepared pursuant to this section for a child shall include--
                    ``(A) the name of the child;
                    ``(B) the name of the tribe or band of Indians (as 
                so defined) with respect to which the child claims 
                membership; and
                    ``(C) the dated signature of the parent or guardian 
                of the child.
            ``(3) Failure.--The failure of an applicant to furnish any 
        information described in this subsection other than the 
        information described in paragraph (2) with respect to any 
        child shall have no bearing on the determination of whether the 
        child is an eligible Indian child for the purposes of computing 
        the amount of a grant award made under section 9113.
    ``(c) Statutory Construction.--Nothing in this section shall be 
construed to affect a definition contained in section 9161.
    ``(d) Forms and Standards of Proof.--The forms and the standards of 
proof (including the standard of good faith compliance) that were in 
use during the 1985-86 academic year to establish the eligibility of a 
child for entitlement under the Indian Elementary and Secondary School 
Assistance Act shall be the forms and standards of proof used--
            ``(1) to establish eligibility under this subpart; and
            ``(2) to meet the requirements of subsection (a).
    ``(e) Documentation.--For purposes of determining whether a child 
is eligible to be counted for the purpose of computing the amount of a 
grant award under section 9113, the membership of the child, or any 
parent or grandparent of the child, in a tribe or band of Indians (as 
so defined) may be established by proof other than an enrollment 
number, notwithstanding the availability of an enrollment number for a 
member of such tribe or band. Nothing in subsection (b) shall be 
construed to require the furnishing of an enrollment number.
    ``(f) Monitoring and Evaluation Review.--
            ``(1) In general.--
                    ``(A) Review.--For each fiscal year, in order to 
                provide such information as is necessary to carry out 
                the responsibility of the Secretary to provide 
                technical assistance under this subpart, the Secretary 
                shall conduct a monitoring and evaluation review of a 
                sampling of the local educational agencies that are 
                recipients of grants under this subpart. The sampling 
                conducted under this paragraph shall take into account 
                the size of such a local educational agency and the 
                geographic location of such agency.
                    ``(B) Exception.--A local educational agency may 
                not be held liable to the United States or be subject 
                to any penalty by reason of the findings of an audit 
                that relates to the date of completion, or the date of 
                submission, of any forms used to establish, before 
                April 28, 1988, the eligibility of a child for 
                entitlement under the Indian Elementary and Secondary 
                School Assistance Act.
            ``(2) False information.--Any local educational agency that 
        provides false information in an application for a grant under 
        this subpart shall--
                    ``(A) be ineligible to apply for any other grant 
                under this subpart; and
                    ``(B) be liable to the United States for any funds 
                from the grant that have not been expended.
            ``(3) Excluded children.--A student who provides false 
        information for the form required under subsection (a) shall 
        not be counted for the purpose of computing the amount of a 
        grant award under section 9113.
    ``(g) Tribal Grant and Contract Schools.--Notwithstanding any other 
provision of this section, the Secretary, in computing the amount of a 
grant award under section 9113 to a tribal school that receives a grant 
or contract from the Bureau of Indian Affairs, shall use only 1 of the 
following, as selected by the school:
            ``(1) A count, certified by the Bureau, of the number of 
        students in the school.
            ``(2) A count of the number of students for whom the school 
        has eligibility forms that comply with this section.
    ``(h) Timing of Child Counts.--For purposes of determining the 
number of children to be counted in computing the amount of a local 
educational agency's grant award under section 9113 (other than in the 
case described in subsection (g)(1)), the local educational agency 
shall--
            ``(1) establish a date on, or a period not longer than 31 
        consecutive days during which, the agency counts those 
        children, if that date or period occurs before the deadline 
        established by the Secretary for submitting an application 
        under section 9114; and
            ``(2) determine that each such child was enrolled, and 
        receiving a free public education, in a school of the agency on 
        that date or during that period, as the case may be.

``SEC. 9118. PAYMENTS.

    ``(a) In General.--Subject to subsections (b) and (c), the 
Secretary shall pay to each local educational agency that submits an 
application that is approved by the Secretary under this subpart the 
amount computed under section 9113. The Secretary shall notify the 
local educational agency of the amount of the payment not later than 
June 1 of the year for which the Secretary makes the payment.
    ``(b) Payments Taken Into Account by the State.--The Secretary may 
not make a grant under this subpart to a local educational agency for a 
fiscal year if, for such fiscal year, the State in which the local 
educational agency is located takes into consideration payments made 
under this subpart in determining the eligibility of the local 
educational agency for State aid, or the amount of the State aid, with 
respect to the free public education of children during such fiscal 
year or the preceding fiscal year.
    ``(c) Reduction of Payment for Failure To Maintain Fiscal Effort.--
            ``(1) In general.--The Secretary may not pay a local 
        educational agency in a State the full amount of a grant award 
        computed under section 9113 for any fiscal year unless the 
        State educational agency notifies the Secretary, and the 
        Secretary determines, that with respect to the provision of 
        free public education by the local educational agency for the 
        preceding fiscal year, that the combined fiscal effort of the 
        local educational agency and the State, computed on either a 
        per student or aggregate expenditure basis was not less than 90 
        percent of the amount of the combined fiscal effort, computed 
        on the same basis, for the second preceding fiscal year.
            ``(2) Failure.--If, for any fiscal year, the Secretary 
        determines that a local educational agency and State failed to 
        maintain the combined fiscal effort at the level specified in 
        paragraph (1), the Secretary shall--
                    ``(A) reduce the amount of the grant that would 
                otherwise be made to such agency under this subpart in 
                the exact proportion of the failure to maintain the 
                fiscal effort at such level; and
                    ``(B) not use the reduced amount of the combined 
                fiscal effort for the year to determine compliance with 
                paragraph (1) for any succeeding fiscal year, but shall 
                use the amount of expenditures that would have been 
                required to comply with paragraph (1) during the fiscal 
                year for which the determination is made.
            ``(3) Waiver.--
                    ``(A) In general.--The Secretary may waive the 
                requirement of paragraph (1) for a local educational 
                agency, for not more than 1 year at a time, if the 
                Secretary determines that the failure to comply with 
                such requirement is due to exceptional or 
                uncontrollable circumstances, such as a natural 
                disaster or a precipitous and unforeseen decline in the 
                agency's financial resources.
                    ``(B) Future determinations.--The Secretary shall 
                not use the reduced amount of the combined fiscal 
                effort for the year for which the waiver is granted to 
                determine compliance with paragraph (1) for any 
                succeeding fiscal year, but shall use the amount of 
                expenditures that would have been required to comply 
                with paragraph (1) in the absence of the waiver during 
                the fiscal year for which the waiver is granted.
    ``(d) Reallocations.--The Secretary may reallocate, in a manner 
that the Secretary determines will best carry out the purpose of this 
subpart, any amounts that--
            ``(1) based on estimates made by local educational agencies 
        or other information, the Secretary determines will not be 
        needed by such agencies to carry out approved programs under 
        this subpart; or
            ``(2) otherwise become available for reallocation under 
        this subpart.

``SEC. 9119. STATE EDUCATIONAL AGENCY REVIEW.

    ``Before submitting an application to the Secretary under section 
9114, a local educational agency shall submit the application to the 
State educational agency, which may comment on the application. If the 
State educational agency comments on the application, the agency shall 
comment on each such application submitted by a local educational 
agency in the State and shall provide the comment to the appropriate 
local educational agency, with an opportunity to respond.

   ``Subpart 2--Special Programs and Projects To Improve Educational 
                   Opportunities for Indian Children

``SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN 
              CHILDREN.

    ``(a) Purpose.--
            ``(1) In general.--The purpose of this section is to 
        support projects to develop, test, and demonstrate the 
        effectiveness of services and programs to improve educational 
        opportunities and achievement of Indian children.
            ``(2) Coordination.--The Secretary shall take such actions 
        as are necessary to achieve the coordination of activities 
        assisted under this subpart with--
                    ``(A) other programs funded under this Act; and
                    ``(B) other Federal programs operated for the 
                benefit of American Indian and Alaska Native children.
    ``(b) Eligible Entities.--In this section, the term `eligible 
entity' means a State educational agency, local educational agency, 
Indian tribe, Indian organization, federally supported elementary 
school or secondary school for Indian students, Indian institution 
(including an Indian institution of higher education) or a consortium 
of such entities.
    ``(c) Grants Authorized.--
            ``(1) In general.--The Secretary shall award grants to 
        eligible entities to enable such entities to carry out 
        activities that meet the purpose specified in subsection 
        (a)(1), including--
                    ``(A) innovative programs related to the 
                educational needs of educationally disadvantaged 
                children;
                    ``(B) educational services that are not available 
                to such children in sufficient quantity or quality, 
                including remedial instruction, to raise the 
                achievement of Indian children in 1 or more of the core 
                academic subjects of English, mathematics, science, 
                foreign languages, art, history, and geography;
                    ``(C) bilingual and bicultural programs and 
                projects;
                    ``(D) special health and nutrition services, and 
                other related activities, that address the special 
                health, social, and psychological problems of Indian 
                children;
                    ``(E) special compensatory and other programs and 
                projects designed to assist and encourage Indian 
                children to enter, remain in, or reenter school, and to 
                increase the rate of secondary school graduation for 
                Indian children;
                    ``(F) comprehensive guidance, counseling, and 
                testing services;
                    ``(G) early childhood and kindergarten programs, 
                including family-based preschool programs that 
                emphasize school readiness and parental skills, and the 
                provision of services to Indian children with 
                disabilities;
                    ``(H) partnership projects between local 
                educational agencies and institutions of higher 
                education that allow secondary school students to 
                enroll in courses at the postsecondary level to aid 
                such students in the transition from secondary school 
                to postsecondary education;
                    ``(I) partnership projects between schools and 
                local businesses for school-to-work transition programs 
                designed to provide Indian youth with the knowledge and 
                skills the youth need to make an effective transition 
                from school to a first job in a high-skill, high-wage 
                career;
                    ``(J) programs designed to encourage and assist 
                Indian students to work toward, and gain entrance into, 
                an institution of higher education;
                    ``(K) family literacy services; or
                    ``(L) other services that meet the purpose 
                described in subsection (a)(1).
            ``(2) Pre-service or in-service training.--Pre-service or 
        in-service training of professional and paraprofessional 
        personnel may be a part of any program assisted under this 
        section.
    ``(d) Grant Requirements and Applications.--
            ``(1) Grant requirements.--
                    ``(A) In general.--The Secretary may make multiyear 
                grants under subsection (c) for the planning, 
                development, pilot operation, or demonstration of any 
                activity described in subsection (c). The Secretary 
                shall make the grants for periods of not more than 5 
                years.
                    ``(B) Priority.--In making multiyear grants 
                described in this paragraph, the Secretary shall give 
                priority to entities submitting applications that 
                present a plan for combining 2 or more of the 
                activities described in subsection (c) over a period of 
                more than 1 year.
                    ``(C) Progress.--The Secretary shall make a payment 
                for a grant described in this paragraph to an eligible 
                entity after the initial year of the multiyear grant 
                period only if the Secretary determines that the 
                eligible entity has made substantial progress in 
                carrying out the activities assisted under the grant in 
                accordance with the application submitted under 
                paragraph (3) and any subsequent modifications to such 
                application.
            ``(2) Dissemination grants.--
                    ``(A) In general.--In addition to awarding the 
                multiyear grants described in paragraph (1), the 
                Secretary may award grants under subsection (c) to 
                eligible entities for the dissemination of exemplary 
                materials or programs assisted under this section.
                    ``(B) Determination.--The Secretary may award a 
                dissemination grant described in this paragraph if, 
                prior to awarding the grant, the Secretary determines 
                that the material or program to be disseminated--
                            ``(i) has been adequately reviewed;
                            ``(ii) has demonstrated educational merit; 
                        and
                            ``(iii) can be replicated.
            ``(3) Application.--
                    ``(A) In general.--Any eligible entity that desires 
                to receive a grant under this section shall submit an 
                application to the Secretary at such time and in such 
                manner as the Secretary may require.
                    ``(B) Contents.--Each application submitted to the 
                Secretary under subparagraph (A), other than an 
                application for a dissemination grant under paragraph 
                (2), shall contain--
                            ``(i) a description of how parents of 
                        Indian children and representatives of Indian 
                        tribes have been, and will be, involved in 
                        developing and implementing the activities for 
                        which assistance is sought;
                            ``(ii) assurances that the applicant will 
                        participate, at the request of the Secretary, 
                        in any national evaluation of activities 
                        assisted under this section;
                            ``(iii) information demonstrating that the 
                        proposed program for the activities is a 
                        research-based program, which may include a 
                        program that has been modified to be culturally 
                        appropriate for students who will be served;
                            ``(iv) a description of how the applicant 
                        will incorporate the proposed activities into 
                        the ongoing school program involved once the 
                        grant period is over; and
                            ``(v) such other assurances and information 
                        as the Secretary may reasonably require.
    ``(e) Administrative Costs.--Not more than 5 percent of the funds 
provided to a grant recipient under this subpart for any fiscal year 
may be used to pay for administrative costs.

``SEC. 9122. PROFESSIONAL DEVELOPMENT.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to increase the number of qualified Indian 
        individuals in teaching or other education professions that 
        serve Indian people;
            ``(2) to provide training to qualified Indian individuals 
        to enable such individuals to become teachers, administrators, 
        teacher aides, social workers, and ancillary educational 
        personnel; and
            ``(3) to improve the skills of qualified Indian individuals 
        who serve in the capacities described in paragraph (2).
    ``(b) Eligible Entities.--In this section, the term `eligible 
entity' means a consortium of--
            ``(1) a State or local educational agency; and
            ``(2) an institution of higher education (including an 
        Indian institution of higher education) or an Indian tribe or 
        organization.
    ``(c) Program Authorized.--The Secretary is authorized to award 
grants to eligible entities with applications approved under subsection 
(e) to enable such entities to carry out the activities described in 
subsection (d).
    ``(d) Authorized Activities.--
            ``(1) In general.--Grant funds made available under 
        subsection (c) shall be used for activities to provide support 
        and training for Indian individuals in a manner consistent with 
        the purposes of this section. Such activities may include 
        continuing programs, symposia, workshops, conferences, and 
        direct financial support.
            ``(2) Special rules.--
                    ``(A) Type of training.--For education personnel, 
                the training received pursuant to a grant awarded under 
                subsection (c) may be in-service or pre-service 
                training.
                    ``(B) Program.--For individuals who are being 
                trained to enter any field other than education, the 
                training received pursuant to a grant awarded under 
                subsection (c) shall be in a program that results in a 
                graduate degree.
    ``(e) Application.--Each eligible entity desiring a grant under 
subsection (c) shall submit an application to the Secretary at such 
time, in such manner, and accompanied by such information, as the 
Secretary may reasonably require.
    ``(f) Special Rule.--In awarding grants under subsection (c), the 
Secretary--
            ``(1) shall consider the prior performance of an eligible 
        entity; and
            ``(2) may not limit eligibility to receive a grant under 
        subsection (c) on the basis of--
                    ``(A) the number of previous grants the Secretary 
                has awarded such entity; or
                    ``(B) the length of any period during which such 
                entity received such grants.
    ``(g) Grant Period.--Each grant awarded under subsection (c) shall 
be awarded for a program of activities of not more than 5 years.
    ``(h) Service Obligation.--
            ``(1) In general.--The Secretary shall require, by 
        regulation, that an individual who receives pre-service 
        training pursuant to a grant awarded under subsection (c)--
                    ``(A) perform work--
                            ``(i) related to the training received 
                        under this section; and
                            ``(ii) that benefits Indian people; or
                    ``(B) repay all or a prorated part of the 
                assistance received for the training.
            ``(2) Reporting.--The Secretary shall establish, by 
        regulation, a reporting procedure under which a recipient of 
        the pre-service training shall, not later than 12 months after 
        the date of completion of the training, and periodically 
        thereafter, provide information concerning the compliance of 
        such recipient with the work requirement described in paragraph 
        (1).
    ``(i) Inservice Training for Teachers of Indian Children.--
            ``(1) Grants authorized.--In addition to the grants 
        authorized by subsection (c), the Secretary may make grants to 
        eligible consortia for the provision of high quality in-service 
        training. The Secretary may make such a grant to--
                    ``(A) a consortium of a tribal college and an 
                institution of higher education that awards a degree in 
                education; or
                    ``(B) a consortium of--
                            ``(i) a tribal college;
                            ``(ii) an institution of higher education 
                        that awards a degree in education; and
                            ``(iii) 1 or more elementary schools or 
                        secondary schools operated by the Bureau of 
                        Indian Affairs, local educational agencies 
                        serving Indian children, or tribal educational 
                        agencies.
            ``(2) Use of funds.--
                    ``(A) In-service training.--A consortium that 
                receives a grant under paragraph (1) shall use the 
                grant funds only to provide high quality in-service 
                training to teachers, including teachers who are not 
                Indians, in schools of local educational agencies with 
                substantial numbers of Indian children enrolled in 
                their schools, in order to better meet the needs of 
                those children.
                    ``(B) Components.--The training described in 
                subparagraph (A) shall include such activities as 
                preparing teachers to use the best available research-
                based practices and learning strategies, and to make 
                the most effective use of curricula and materials, to 
                respond to the unique needs of Indian children in their 
                classrooms.
            ``(3) Preference for indian applicants.--In applying 
        section 9153 to this subsection, the Secretary shall give a 
        preference to any consortium that includes 1 or more of the 
        entities described in that section.

``SEC. 9123. FELLOWSHIPS FOR INDIAN STUDENTS.

    ``(a) Fellowships.--
            ``(1) Authority.--The Secretary is authorized to award 
        fellowships to Indian students to enable such students to study 
        in graduate and professional programs at institutions of higher 
        education.
            ``(2) Requirements.--The fellowships described in paragraph 
        (1) shall be awarded to Indian students to enable such students 
        to pursue a course of study--
                    ``(A) of not more than 4 academic years; and
                    ``(B) that leads--
                            ``(i) toward a postbaccalaureate degree in 
                        medicine, clinical psychology, psychology, law, 
                        education, or a related field; or
                            ``(ii) to an undergraduate or graduate 
                        degree in engineering, business administration, 
                        natural resources, or a related field.
    ``(b) Stipends.--The Secretary shall pay to Indian students awarded 
fellowships under subsection (a) such stipends (including allowances 
for subsistence of such students and dependents of such students) as 
the Secretary determines to be consistent with prevailing practices 
under comparable federally supported programs.
    ``(c) Payments to Institutions in Lieu of Tuition.--The Secretary 
shall pay to the institution of higher education at which such a 
fellowship recipient is pursuing a course of study, in lieu of tuition 
charged to such recipient, such amounts as the Secretary may determine 
to be necessary to cover the cost of education provided to such 
recipient.
    ``(d) Special Rules.--
            ``(1) In general.--If a fellowship awarded under subsection 
        (a) is vacated prior to the end of the period for which the 
        fellowship is awarded, the Secretary may award an additional 
        fellowship for the unexpired portion of the period of the first 
        fellowship.
            ``(2) Written notice.--Not later than 45 days before the 
        commencement of an academic term, the Secretary shall provide 
        to each individual who is awarded a fellowship under subsection 
        (a) for such academic term written notice of--
                    ``(A) the amount of the funding for the fellowship; 
                and
                    ``(B) any stipends or other payments that will be 
                made under this section to, or for the benefit of, the 
                individual for the academic term.
            ``(3) Priority.--Not more than 10 percent of the 
        fellowships awarded under subsection (a) shall be awarded, on a 
        priority basis, to persons receiving training in guidance 
        counseling with a specialty in the area of alcohol and 
        substance abuse counseling and education.
    ``(e) Service Obligation.--
            ``(1) In general.--The Secretary shall require, by 
        regulation, that an individual who receives financial 
        assistance under this section--
                    ``(A) perform work--
                            ``(i) related to the training for which the 
                        individual receives the assistance under this 
                        section; and
                            ``(ii) that benefits Indian people; or
                    ``(B) repay all or a prorated portion of such 
                assistance.
            ``(2) Reporting.--The Secretary shall establish, by 
        regulation, a reporting procedure under which a recipient of 
        assistance under this section shall, not later than 12 months 
        after the date of completion of the training, and periodically 
        thereafter, provide information concerning the compliance of 
        such recipient with the work requirement described in paragraph 
        (1).
    ``(f) Administration of Fellowships.--The Secretary may administer 
the fellowships authorized under this section through a grant to, or 
contract or cooperative agreement with, an Indian organization with 
demonstrated qualifications to administer all facets of the program 
assisted under this section.

``SEC. 9124. GIFTED AND TALENTED INDIAN STUDENTS.

    ``(a) Program Authorized.--The Secretary is authorized to--
            ``(1) establish 2 centers for gifted and talented Indian 
        students at tribally controlled community colleges in 
        accordance with this section; and
            ``(2) support demonstration projects described in 
        subsection (c).
    ``(b) Eligible Entities.--The Secretary shall make grants, or enter 
into contracts, for the activities described in subsection (a), to or 
with--
            ``(1) 2 tribally controlled community colleges that--
                    ``(A) are eligible for funding under the Tribally 
                Controlled College or University Assistance Act of 
                1978; and
                    ``(B) are fully accredited; or
            ``(2) if the Secretary does not receive applications that 
        the Secretary determines to be approvable from 2 colleges that 
        meet the requirements of paragraph (1), the American Indian 
        Higher Education Consortium.
    ``(c) Use of Funds.--
            ``(1) In general.--Funds made available through the grants 
        made, or contracts entered into, by the Secretary under 
        subsection (b) shall be used for--
                    ``(A) the establishment of centers described in 
                subsection (a); and
                    ``(B) carrying out demonstration projects designed 
                to--
                            ``(i) address the special needs of Indian 
                        students in elementary schools and secondary 
                        schools who are gifted and talented; and
                            ``(ii) provide such support services to the 
                        families of the students described in clause 
                        (i) as are needed to enable such students to 
                        benefit from the projects.
            ``(2) Subcontracts.--Each recipient of a grant or contract 
        under subsection (b) to carry out a demonstration project under 
        subsection (a) may enter into a contract with any other entity, 
        including the Children's Television Workshop, to carry out the 
        demonstration project.
            ``(3) Demonstration projects.--Demonstration projects 
        assisted under subsection (b) may include--
                    ``(A) the identification of the special needs of 
                gifted and talented Indian students, particularly at 
                the elementary school level, giving attention to--
                            ``(i) identifying the emotional and 
                        psychosocial needs of such students; and
                            ``(ii) providing such support services to 
                        the families of such students as are needed to 
                        enable such students to benefit from the 
                        project;
                    ``(B) the conduct of educational, psychosocial, and 
                developmental activities that the Secretary determines 
                hold a reasonable promise of resulting in substantial 
                progress toward meeting the educational needs of such 
                gifted and talented children, including--
                            ``(i) demonstrating and exploring the use 
                        of Indian languages and exposure to Indian 
                        cultural traditions; and
                            ``(ii) carrying out mentoring and 
                        apprenticeship programs;
                    ``(C) the provision of technical assistance and the 
                coordination of activities at schools that receive 
                grants under subsection (d) with respect to the 
                activities assisted under such grants, the evaluation 
                of programs assisted under such grants, or the 
                dissemination of such evaluations;
                    ``(D) the use of public television in meeting the 
                special educational needs of such gifted and talented 
                children;
                    ``(E) leadership programs designed to replicate 
                programs for such children throughout the United 
                States, including disseminating information derived 
                from the demonstration projects conducted under 
                subsection (a); and
                    ``(F) appropriate research, evaluation, and related 
                activities pertaining to the needs of such children and 
                to the provision of such support services to the 
                families of such children as are needed to enable such 
                children to benefit from the project.
            ``(4) Application.--Each entity desiring a grant or 
        contract under subsection (b) shall submit an application to 
        the Secretary at such time and in such manner as the Secretary 
        may prescribe.
    ``(d) Additional Grants.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of the Interior, shall award 5 grants to schools 
        funded by the Bureau of Indian Affairs (referred to 
        individually in this section as a `Bureau school') for program 
        research and development and the development and dissemination 
        of curriculum and teacher training material, regarding--
                    ``(A) gifted and talented students;
                    ``(B) college preparatory studies (including 
                programs for Indian students with an interest in 
                pursuing teaching careers);
                    ``(C) students with special culturally related 
                academic needs, including students with social, 
                lingual, and cultural needs; or
                    ``(D) mathematics and science education.
            ``(2) Applications.--Each Bureau school desiring a grant to 
        conduct 1 or more of the activities described in paragraph (1) 
        shall submit an application to the Secretary at such time and 
        in such manner as the Secretary may prescribe.
            ``(3) Special rule.--Each application described in 
        paragraph (2) shall be developed, and each grant under this 
        subsection shall be administered, jointly by the supervisor of 
        the Bureau school and the local educational agency serving such 
        school.
            ``(4) Requirements.--In awarding grants under paragraph 
        (1), the Secretary shall achieve a mixture of the programs 
        described in paragraph (1) that ensures that Indian students at 
        all grade levels and in all geographic areas of the United 
        States are able to participate in a program assisted under this 
        subsection.
            ``(5) Grant period.--Subject to the availability of 
        appropriations, a grant awarded under paragraph (1) shall be 
        awarded for a 3-year period and may be renewed by the Secretary 
        for additional 3-year periods if the Secretary determines that 
        the performance of the grant recipient has been satisfactory.
            ``(6) Dissemination.--
                    ``(A) Cooperative efforts.--The dissemination of 
                any materials developed from activities assisted under 
                paragraph (1) shall be carried out in cooperation with 
                entities that receive funds pursuant to subsection (b).
                    ``(B) Report.--The Secretary shall prepare and 
                submit to the Secretary of the Interior and to Congress 
                a report concerning any results from activities 
                described in this subsection.
            ``(7) Evaluation costs.--
                    ``(A) Division.--The costs of evaluating any 
                activities assisted under paragraph (1) shall be 
                divided between the Bureau schools conducting such 
                activities and the recipients of grants or contracts 
                under subsection (b) who conduct demonstration projects 
                under subsection (a).
                    ``(B) Grants and contracts.--If no funds are 
                provided under subsection (b) for--
                            ``(i) the evaluation of activities assisted 
                        under paragraph (1);
                            ``(ii) technical assistance and 
                        coordination with respect to such activities; 
                        or
                            ``(iii) the dissemination of the 
                        evaluations referred to in clause (i),
                the Secretary shall make such grants, or enter into 
                such contracts, as are necessary to provide for the 
                evaluations, technical assistance, and coordination of 
                such activities, and the dissemination of the 
                evaluations.
    ``(e) Information Network.--The Secretary shall encourage each 
recipient of a grant or contract under this section to work 
cooperatively as part of a national network to ensure that the 
information developed by the grant or contract recipient is readily 
available to the entire educational community.

``SEC. 9125. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND 
              DEVELOPMENT.

    ``(a) In General.--The Secretary may make grants to Indian tribes, 
and tribal organizations approved by Indian tribes, to plan and develop 
a centralized tribal administrative entity to--
            ``(1) coordinate all education programs operated by the 
        tribe or within the territorial jurisdiction of the tribe;
            ``(2) develop education codes for schools within the 
        territorial jurisdiction of the tribe;
            ``(3) provide support services and technical assistance to 
        schools serving children of the tribe; and
            ``(4) perform child-find screening services for the 
        preschool-aged children of the tribe to--
                    ``(A) ensure placement in appropriate educational 
                facilities; and
                    ``(B) coordinate the provision of any needed 
                special services for conditions such as disabilities 
                and English language skill deficiencies.
    ``(b) Period of Grant.--Each grant awarded under this section may 
be awarded for a period of not more than 3 years. Such grant may be 
renewed upon the termination of the initial period of the grant if the 
grant recipient demonstrates to the satisfaction of the Secretary that 
renewing the grant for an additional 3-year period is necessary to 
carry out the objectives of the grant described in subsection 
(c)(2)(A).
    ``(c) Application for Grant.--
            ``(1) In general.--Each Indian tribe and tribal 
        organization desiring a grant under this section shall submit 
        an application to the Secretary at such time, in such manner, 
        containing such information, and consistent with such criteria, 
        as the Secretary may prescribe in regulations.
            ``(2) Contents.--Each application described in paragraph 
        (1) shall contain--
                    ``(A) a statement describing the activities to be 
                conducted, and the objectives to be achieved, under the 
                grant; and
                    ``(B) a description of the method to be used for 
                evaluating the effectiveness of the activities for 
                which assistance is sought and for determining whether 
                such objectives are achieved.
            ``(3) Approval.--The Secretary may approve an application 
        submitted by a tribe or tribal organization pursuant to this 
        section only if the Secretary is satisfied that such 
        application, including any documentation submitted with the 
        application--
                    ``(A) demonstrates that the applicant has consulted 
                with other education entities, if any, within the 
                territorial jurisdiction of the applicant who will be 
                affected by the activities to be conducted under the 
                grant;
                    ``(B) provides for consultation with such other 
                education entities in the operation and evaluation of 
                the activities conducted under the grant; and
                    ``(C) demonstrates that there will be adequate 
                resources provided under this section or from other 
                sources to complete the activities for which assistance 
                is sought, except that the availability of such other 
                resources shall not be a basis for disapproval of such 
                application.
    ``(d) Restriction.--A tribe may not receive funds under this 
section if such tribe receives funds under section 1144 of the 
Education Amendments of 1978.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Education to carry out this section 
$3,000,000 for each of fiscal years 2001 through 2005.

 ``Subpart 3--Special Programs Relating to Adult Education for Indians

``SEC. 9131. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT 
              INDIANS.

    ``(a) In General.--The Secretary shall make grants to State and 
local educational agencies and to Indian tribes, institutions, and 
organizations--
            ``(1) to support planning, pilot, and demonstration 
        projects that are designed to test and demonstrate the 
        effectiveness of programs for improving employment and 
        educational opportunities for adult Indians;
            ``(2) to assist in the establishment and operation of 
        programs that are designed to stimulate--
                    ``(A) the provision of basic literacy opportunities 
                for all nonliterate Indian adults; and
                    ``(B) the provision of opportunities to all Indian 
                adults to qualify for a secondary school diploma, or 
                its recognized equivalent, in the shortest period of 
                time feasible;
            ``(3) to support a major research and development program 
        to develop more innovative and effective techniques for 
        achieving literacy and secondary school equivalency for 
        Indians;
            ``(4) to provide for basic surveys and evaluations to 
        define accurately the extent of the problems of illiteracy and 
        lack of secondary school completion among Indians; and
            ``(5) to encourage the dissemination of information and 
        materials relating to, and the evaluation of, the effectiveness 
        of education programs that may offer educational opportunities 
        to Indian adults.
    ``(b) Educational Services.--The Secretary may make grants to 
Indian tribes, institutions, and organizations to develop and establish 
educational services and programs specifically designed to improve 
educational opportunities for Indian adults.
    ``(c) Information and Evaluation.--The Secretary may make grants 
to, and enter into contracts with, public agencies and institutions and 
Indian tribes, institutions, and organizations, for--
            ``(1) the dissemination of information concerning 
        educational programs, services, and resources available to 
        Indian adults, including evaluations of the programs, services, 
        and resources; and
            ``(2) the evaluation of federally assisted programs in 
        which Indian adults may participate to determine the 
        effectiveness of the programs in achieving the purposes of the 
        programs with respect to Indian adults.
    ``(d) Applications.--
            ``(1) In general.--Each entity desiring a grant or contract 
        under this section shall submit to the Secretary an application 
        at such time, in such manner, containing such information, and 
        consistent with such criteria, as the Secretary may prescribe 
        in regulations.
            ``(2) Contents.--Each application described in paragraph 
        (1) shall contain--
                    ``(A) a statement describing the activities to be 
                conducted and the objectives to be achieved under the 
                grant or contract; and
                    ``(B) a description of the method to be used for 
                evaluating the effectiveness of the activities for 
                which assistance is sought and determining whether the 
                objectives of the grant or contract are achieved.
            ``(3) Approval.--The Secretary shall not approve an 
        application described in paragraph (1) unless the Secretary 
        determines that such application, including any documentation 
        submitted with the application, indicates that--
                    ``(A) there has been adequate participation, by the 
                individuals to be served and the appropriate tribal 
                communities, in the planning and development of the 
                activities to be assisted; and
                    ``(B) the individuals and tribal communities 
                referred to in subparagraph (A) will participate in the 
                operation and evaluation of the activities to be 
                assisted.
            ``(4) Priority.--In approving applications under paragraph 
        (1), the Secretary shall give priority to applications from 
        Indian educational agencies, organizations, and institutions.
    ``(e) Administrative Costs.--Not more than 5 percent of the funds 
made available to an entity through a grant or contract made or entered 
into under this subpart for a fiscal year may be used to pay for 
administrative costs.

               ``Subpart 4--National Research Activities

``SEC. 9141. NATIONAL ACTIVITIES.

    ``(a) Authorized Activities.--The Secretary may use funds made 
available under section 9162(b) for each fiscal year to--
            ``(1) conduct research related to effective approaches for 
        the education of Indian children and adults;
            ``(2) evaluate federally assisted education programs from 
        which Indian children and adults may benefit;
            ``(3) collect and analyze data on the educational status 
        and needs of Indians; and
            ``(4) carry out other activities that are consistent with 
        the purpose of this part.
    ``(b) Eligibility.--The Secretary may carry out any of the 
activities described in subsection (a) directly or through grants to, 
or contracts or cooperative agreements with, Indian tribes, Indian 
organizations, State educational agencies, local educational agencies, 
institutions of higher education, including Indian institutions of 
higher education, and other public and private agencies and 
institutions.
    ``(c) Coordination.--Research activities supported under this 
section--
            ``(1) shall be carried out in consultation with the Office 
        of Educational Research and Improvement to assure that such 
        activities are coordinated with and enhance the research and 
        development activities supported by the Office; and
            ``(2) may include collaborative research activities that 
        are jointly funded and carried out by the Office of Indian 
        Education and the Office of Educational Research and 
        Improvement.
    ``(d) Administrative Costs.--Not more than 5 percent of the funds 
made available to an entity through a grant, contract, or agreement 
made or entered into under this subpart for a fiscal year may be used 
to pay for administrative costs.

                  ``Subpart 5--Federal Administration

``SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

    ``(a) Membership.--There is established a National Advisory Council 
on Indian Education (referred to in this section as the `Council'), 
which shall--
            ``(1) consist of 15 Indian members, who shall be appointed 
        by the President from lists of nominees furnished, from time to 
        time, by Indian tribes and Indian organizations; and
            ``(2) represent different geographic areas of the United 
        States.
    ``(b) Duties.--The Council shall--
            ``(1) advise the Secretary concerning the funding and 
        administration (including the development of regulations and 
        administrative policies and practices) of any program, 
        including any program established under this part--
                    ``(A) with respect to which the Secretary has 
                jurisdiction; and
                    ``(B)(i) that includes Indian children or adults as 
                participants; or
                    ``(ii) that may benefit Indian children or adults;
            ``(2) make recommendations to the Secretary for filling the 
        position of Director of Indian Education whenever a vacancy 
        occurs; and
            ``(3) prepare and submit to Congress, not later than June 
        30 of each year, a report on the activities of the Council, 
        including--
                    ``(A) any recommendations that the Council 
                considers to be appropriate for the improvement of 
                Federal education programs that include Indian children 
                or adults as participants, or that may benefit Indian 
                children or adults; and
                    ``(B) recommendations concerning the funding of any 
                program described in subparagraph (A).

``SEC. 9152. PEER REVIEW.

    ``The Secretary may use a peer review process to review 
applications submitted to the Secretary under subpart 2, 3, or 4.

``SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.

    ``In making grants and entering into contracts or cooperative 
agreements under subpart 2, 3, or 4, the Secretary shall give a 
preference to Indian tribes, organizations, and institutions of higher 
education under any program with respect to which Indian tribes, 
organizations, and institutions are eligible to apply for grants, 
contracts, or cooperative agreements.

``SEC. 9154. MINIMUM GRANT CRITERIA.

    ``The Secretary may not approve an application for a grant, 
contract, or cooperative agreement under subpart 2 or 3 unless the 
application is for a grant, contract, or cooperative agreement that 
is--
            ``(1) of sufficient size, scope, and quality to achieve the 
        purpose or objectives of such grant, contract, or cooperative 
        agreement; and
            ``(2) based on relevant research findings.

       ``Subpart 6--Definitions; Authorizations of Appropriations

``SEC. 9161. DEFINITIONS.

    ``In this part:
            ``(1) Adult.--The term `adult' means an individual who--
                    ``(A) has attained age 16; or
                    ``(B) has attained an age that is greater than the 
                age of compulsory school attendance under an applicable 
                State law.
            ``(2) Free public education.--The term `free public 
        education' means education that is--
                    ``(A) provided at public expense, under public 
                supervision and direction, and without tuition charge; 
                and
                    ``(B) provided as elementary or secondary education 
                in the applicable State or to preschool children.
            ``(3) Indian.--The term `Indian' means an individual who 
        is--
                    ``(A) a member of an Indian tribe or band, as 
                membership is defined by the tribe or band, including--
                            ``(i) any tribe or band terminated since 
                        1940; and
                            ``(ii) any tribe or band recognized by the 
                        State in which the tribe or band resides;
                    ``(B) a descendant, in the first or second degree, 
                of an individual described in subparagraph (A);
                    ``(C) an individual who is considered by the 
                Secretary of the Interior to be an Indian for any 
                purpose;
                    ``(D) an Eskimo, Aleut, or other Alaska Native (as 
                defined in section 9306); or
                    ``(E) a member of an organized Indian group that 
                received a grant under the Indian Education Act of 1988 
                as in effect the day preceding the date of enactment of 
                the `Improving America's Schools Act of 1994' (108 
                Stat. 3518).

``SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.

    ``(a) Subpart 1.--There are authorized to be appropriated to the 
Secretary of Education to carry out subpart 1 $62,000,000 for fiscal 
year 2001 and such sums as may be necessary for each of the 4 
succeeding fiscal years.
    ``(b) Subparts 2 Through 4.--There are authorized to be 
appropriated to the Secretary of Education to carry out subparts 2, 3, 
and 4 $4,000,000 for fiscal year 2001 and such sums as may be necessary 
for each of the 4 succeeding fiscal years.

                  ``PART B--NATIVE HAWAIIAN EDUCATION

``SEC. 9201. SHORT TITLE.

    ``This part may be cited as the `Native Hawaiian Education Act'.

``SEC. 9202. FINDINGS.

    ``Congress finds the following:
            ``(1) Native Hawaiians are a distinct and unique indigenous 
        people with a historical continuity to the original inhabitants 
        of the Hawaiian archipelago, whose society was organized as a 
        nation and internationally recognized as a nation by the United 
        States, Britain, France, and Japan, as evidenced by treaties 
        governing friendship, commerce, and navigation.
            ``(2) At the time of the arrival of the first non-
        indigenous people in Hawai'i in 1778, the Native Hawaiian 
        people lived in a highly organized, self-sufficient subsistence 
        social system based on a communal land tenure system with a 
        sophisticated language, culture, and religion.
            ``(3) A unified monarchal government of the Hawaiian 
        Islands was established in 1810 under Kamehameha I, the first 
        King of Hawai`i.
            ``(4) From 1826 until 1893, the United States recognized 
        the sovereignty and independence of the Kingdom of Hawai`i, 
        which was established in 1810 under Kamehameha I, extended full 
        and complete diplomatic recognition to the Kingdom of Hawai`i, 
        and entered into treaties and conventions with the Kingdom of 
        Hawai`i to govern friendship, commerce and navigation in 1826, 
        1842, 1849, 1875, and 1887.
            ``(5) In 1893, the sovereign, independent, internationally 
        recognized, and indigenous government of Hawai`i, the Kingdom 
        of Hawai`i, was overthrown by a small group of non-Hawaiians, 
        including United States citizens, who were assisted in their 
        efforts by the United States Minister, a United States naval 
        representative, and armed naval forces of the United States. 
        Because of the participation of United States agents and 
        citizens in the overthrow of the Kingdom of Hawai`i, in 1993 
        the United States apologized to Native Hawaiians for the 
        overthrow and the deprivation of the rights of Native Hawaiians 
        to self-determination through Public Law 103-150 (107 Stat. 
        1510).
            ``(6) In 1898, the joint resolution entitled `Joint 
        Resolution to provide for annexing the Hawaiian Islands to the 
        United States', approved July 7, 1898 (30 Stat. 750), ceded 
        absolute title of all lands held by the Republic of Hawai`i, 
        including the government and crown lands of the former Kingdom 
        of Hawai`i, to the United States, but mandated that revenue 
        generated from the lands be used `solely for the benefit of the 
        inhabitants of the Hawaiian Islands for educational and other 
        public purposes'.
            ``(7) By 1919, the Native Hawaiian population had declined 
        from an estimated 1,000,000 in 1778 to an alarming 22,600, and 
        in recognition of this severe decline, Congress enacted the 
        Hawaiian Homes Commission Act, 1920 (42 Stat. 108), which 
        designated approximately 200,000 acres of ceded public lands 
        for homesteading by Native Hawaiians.
            ``(8) Through the enactment of the Hawaiian Homes 
        Commission Act, 1920, Congress affirmed the special 
        relationship between the United States and the Native 
        Hawaiians, which was described by then Secretary of the 
        Interior Franklin K. Lane, who said: `One thing that impressed 
        me . . . was the fact that the natives of the island who are 
        our wards, I should say, and for whom in a sense we are 
        trustees, are falling off rapidly in numbers and many of them 
        are in poverty.'.
            ``(9) In 1938, Congress again acknowledged the unique 
        status of the Hawaiian people by including in the Act of June 
        20, 1938 (52 Stat. 781, chapter 530; 16 U.S.C. 391b, 391b-1, 
        392b, 392c, 396, 396a), a provision to lease lands within the 
        National Parks extension to Native Hawaiians and to permit 
        fishing in the area `only by native Hawaiian residents of said 
        area or of adjacent villages and by visitors under their 
        guidance.'.
            ``(10) Under the Act entitled `An Act to provide for the 
        admission of the State of Hawai`i into the Union', approved 
        March 18, 1959 (73 Stat. 4), the United States transferred 
        responsibility for the administration of the Hawaiian Home 
        Lands to the State of Hawai`i but reaffirmed the trust 
        relationship between the United States and the Hawaiian people 
        by retaining the exclusive power to enforce the trust, 
        including the power to approve land exchanges and amendments to 
        such Act affecting the rights of beneficiaries under such Act.
            ``(11) In 1959, under the Act entitled `An Act to provide 
        for the admission of the State of Hawai`i into the Union', the 
        United States also ceded to the State of Hawai`i title to the 
        public lands formerly held by the United States, but mandated 
        that such lands be held by the State `in public trust' and 
        reaffirmed the special relationship that existed between the 
        United States and the Hawaiian people by retaining the legal 
        responsibility to enforce the public trust responsibility of 
        the State of Hawai`i for the betterment of the conditions of 
        Native Hawaiians, as defined in section 201(a) of the Hawaiian 
        Homes Commission Act, 1920.
            ``(12) The United States has recognized and reaffirmed 
        that--
                    ``(A) Native Hawaiians have a cultural, historic, 
                and land-based link to the indigenous people who 
                exercised sovereignty over the Hawaiian Islands, and 
                that group has never relinquished its claims to 
                sovereignty or its sovereign lands;
                    ``(B) Congress does not extend services to Native 
                Hawaiians because of their race, but because of their 
                unique status as the indigenous people of a once 
                sovereign nation as to whom the United States has 
                established a trust relationship;
                    ``(C) Congress has also delegated broad authority 
                to administer a portion of the Federal trust 
                responsibility to the State of Hawai`i;
                    ``(D) the political status of Native Hawaiians is 
                comparable to that of American Indians and Alaska 
                Natives; and
                    ``(E) the aboriginal, indigenous people of the 
                United States have--
                            ``(i) a continuing right to autonomy in 
                        their internal affairs; and
                            ``(ii) an ongoing right of self-
                        determination and self-governance that has 
                        never been extinguished.
            ``(13) The political relationship between the United States 
        and the Native Hawaiian people has been recognized and 
        reaffirmed by the United States, as evidenced by the inclusion 
        of Native Hawaiians in--
                    ``(A) the Native American Programs Act of 1974 (42 
                U.S.C. 2991 et seq.);
                    ``(B) the American Indian Religious Freedom Act (42 
                U.S.C. 1996);
                    ``(C) the National Museum of the American Indian 
                Act (20 U.S.C. 80q et seq.);
                    ``(D) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    ``(E) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    ``(F) the Native American Languages Act (25 U.S.C. 
                2901 et seq.);
                    ``(G) the American Indian, Alaska Native, and 
                Native Hawaiian Culture and Art Development Act (20 
                U.S.C. 4401 et seq.);
                    ``(H) the Job Training Partnership Act (29 U.S.C. 
                1501 et seq.) and the Workforce Investment Act of 1998 
                (29 U.S.C. 2801 et seq.); and
                    ``(I) the Older Americans Act of 1965 (42 U.S.C. 
                3001 et seq.).
            ``(14) In 1981, Congress instructed the Office of Education 
        to submit to Congress a comprehensive report on Native Hawaiian 
        education. The report, entitled the `Native Hawaiian 
        Educational Assessment Project', was released in 1983 and 
        documented that Native Hawaiians scored below parity with 
        regard to national norms on standardized achievement tests, 
        were disproportionately represented in many negative social and 
        physical statistics indicative of special educational needs, 
        and had educational needs that were related to their unique 
        cultural situation, such as different learning styles and low 
        self-image.
            ``(15) In recognition of the educational needs of Native 
        Hawaiians, in 1988, Congress enacted title IV of the Augustus 
        F. Hawkins-Robert T. Stafford Elementary and Secondary School 
        Improvement Amendments of 1988 (102 Stat. 130) to authorize and 
        develop supplemental educational programs to address the unique 
        conditions of Native Hawaiians.
            ``(16) In 1993, the Kamehameha Schools Bishop Estate 
        released a 10-year update of findings of the Native Hawaiian 
        Educational Assessment Project, which found that despite the 
        successes of the programs established under title IV of the 
        Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary 
        School Improvement Amendments of 1988, many of the same 
        educational needs still existed for Native Hawaiians. 
        Subsequent reports by the Kamehameha Schools Bishop Estate and 
        other organizations have generally confirmed those findings. 
        For example--
                    ``(A) educational risk factors continue to start 
                even before birth for many Native Hawaiian children, 
                including--
                            ``(i) late or no prenatal care;
                            ``(ii) high rates of births by Native 
                        Hawaiian women who are unmarried; and
                            ``(iii) high rates of births to teenage 
                        parents;
                    ``(B) Native Hawaiian students continue to begin 
                their school experience lagging behind other students 
                in terms of readiness factors such as vocabulary test 
                scores;
                    ``(C) Native Hawaiian students continue to score 
                below national norms on standardized education 
                achievement tests at all grade levels;
                    ``(D) both public and private schools continue to 
                show a pattern of lower percentages of Native Hawaiian 
                students in the uppermost achievement levels and in 
                gifted and talented programs;
                    ``(E) Native Hawaiian students continue to be 
                overrepresented among students qualifying for special 
                education programs provided to students with learning 
                disabilities, mild mental retardation, emotional 
                impairment, and other such disabilities;
                    ``(F) Native Hawaiians continue to be 
                underrepresented in institutions of higher education 
                and among adults who have completed 4 or more years of 
                college;
                    ``(G) Native Hawaiians continue to be 
                disproportionately represented in many negative social 
                and physical statistics indicative of special 
                educational needs, as demonstrated by the fact that--
                            ``(i) Native Hawaiian students are more 
                        likely to be retained in grade level and to be 
                        excessively absent in secondary school;
                            ``(ii) Native Hawaiian students have the 
                        highest rates of drug and alcohol use in the 
                        State of Hawai`i; and
                            ``(iii) Native Hawaiian children continue 
                        to be disproportionately victimized by child 
                        abuse and neglect; and
                    ``(H) Native Hawaiians now comprise over 23 percent 
                of the students served by the State of Hawai`i 
                Department of Education, and there are and will 
                continue to be geographically rural, isolated areas 
                with a high Native Hawaiian population density.
            ``(17) In the 1998 National Assessment of Educational 
        Progress, Hawaiian fourth-graders ranked 39th among groups of 
        students from 39 States in reading. Given that Hawaiian 
        students rank among the lowest groups of students nationally in 
        reading, and that Native Hawaiian students rank the lowest 
        among Hawaiian students in reading, it is imperative that 
        greater focus be placed on beginning reading and early 
        education and literacy in Hawai`i.
            ``(18) The findings described in paragraphs (16) and (17) 
        are inconsistent with the high rates of literacy and 
        integration of traditional culture and Western education 
        historically achieved by Native Hawaiians through a Hawaiian 
        language-based public school system established in 1840 by 
        Kamehameha III.
            ``(19) Following the overthrow of the Kingdom of Hawai`i in 
        1893, Hawaiian medium schools were banned. After annexation, 
        throughout the territorial and statehood period of Hawai`i, and 
        until 1986, use of the Hawaiian language as an instructional 
        medium in education in public schools was declared unlawful. 
        The declaration caused incalculable harm to a culture that 
        placed a very high value on the power of language, as 
        exemplified in the traditional saying: `I ka `olelo no ke ola; 
        I ka `olelo no ka make. In the language rests life; In the 
        language rests death.'.
            ``(20) Despite the consequences of over 100 years of 
        nonindigenous influence, the Native Hawaiian people are 
        determined to preserve, develop, and transmit to future 
        generations their ancestral territory and their cultural 
        identity in accordance with their own spiritual and traditional 
        beliefs, customs, practices, language, and social institutions.
            ``(21) The State of Hawai`i, in the constitution and 
        statutes of the State of Hawai`i--
                    ``(A) reaffirms and protects the unique right of 
                the Native Hawaiian people to practice and perpetuate 
                their culture and religious customs, beliefs, 
                practices, and language;
                    ``(B) recognizes the traditional language of the 
                Native Hawaiian people as an official language of the 
                State of Hawai`i, which may be used as the language of 
                instruction for all subjects and grades in the public 
                school system; and
                    ``(C) promotes the study of the Hawaiian culture, 
                language, and history by providing a Hawaiian education 
                program and using community expertise as a suitable and 
                essential means to further the program.

``SEC. 9203. PURPOSES.

    ``The purposes of this part are to--
            ``(1) authorize and develop innovative educational programs 
        to assist Native Hawaiians in reaching the National Education 
        Goals;
            ``(2) provide direction and guidance to appropriate 
        Federal, State, and local agencies to focus resources, 
        including resources made available under this part, on Native 
        Hawaiian education, and to provide periodic assessment and data 
        collection;
            ``(3) supplement and expand programs and authorities in the 
        area of education to further the purposes of this title; and
            ``(4) encourage the maximum participation of Native 
        Hawaiians in planning and management of Native Hawaiian 
        education programs.

``SEC. 9204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND COUNCILS.

    ``(a) Establishment of Native Hawaiian Education Council.--In order 
to better effectuate the purposes of this part through the coordination 
of educational and related services and programs available to Native 
Hawaiians, including those programs receiving funding under this part, 
the Secretary is authorized to establish a Native Hawaiian Education 
Council (referred to in this part as the `Education Council').
    ``(b) Composition of Education Council.--The Education Council 
shall consist of not more than 21 members, unless otherwise determined 
by a majority of the council.
    ``(c) Conditions and Terms.--
            ``(1) Conditions.--At least 10 members of the Education 
        Council shall be Native Hawaiian education service providers 
        and 10 members of the Education Council shall be Native 
        Hawaiians or Native Hawaiian education consumers. In addition, 
        a representative of the State of Hawai`i Office of Hawaiian 
        Affairs shall serve as a member of the Education Council.
            ``(2) Appointments.--The members of the Education Council 
        shall be appointed by the Secretary based on recommendations 
        received from the Native Hawaiian community.
            ``(3) Terms.--Members of the Education Council shall serve 
        for staggered terms of 3 years, except as provided in paragraph 
        (4).
            ``(4) Council determinations.--Additional conditions and 
        terms relating to membership on the Education Council, 
        including term lengths and term renewals, shall be determined 
        by a majority of the Education Council.
    ``(d) Native Hawaiian Education Council Grant.--The Secretary shall 
make a direct grant to the Education Council in order to enable the 
Education Council to--
            ``(1) coordinate the educational and related services and 
        programs available to Native Hawaiians, including the programs 
        assisted under this part;
            ``(2) assess the extent to which such services and programs 
        meet the needs of Native Hawaiians, and collect data on the 
        status of Native Hawaiian education;
            ``(3) provide direction and guidance, through the issuance 
        of reports and recommendations, to appropriate Federal, State, 
        and local agencies in order to focus and improve the use of 
        resources, including resources made available under this part, 
        relating to Native Hawaiian education, and serve, where 
        appropriate, in an advisory capacity; and
            ``(4) make direct grants, if such grants enable the 
        Education Council to carry out the duties of the Education 
        Council, as described in paragraphs (1) through (3).
    ``(e) Additional Duties of the Education Council.--
            ``(1) In general.--The Education Council shall provide 
        copies of any reports and recommendations issued by the 
        Education Council, including any information that the Education 
        Council provides to the Secretary pursuant to subsection (i), 
        to the Secretary, the Committee on Education and the Workforce 
        of the House of Representatives, and the Committee on Indian 
        Affairs of the Senate.
            ``(2) Annual report.--The Education Council shall prepare 
        and submit to the Secretary an annual report on the Education 
        Council's activities.
            ``(3) Island council support and assistance.--The Education 
        Council shall provide such administrative support and financial 
        assistance to the island councils established pursuant to 
        subsection (f) as the Secretary determines to be appropriate, 
        in a manner that supports the distinct needs of each island 
        council.
    ``(f) Establishment of Island Councils.--
            ``(1) In general.--In order to better effectuate the 
        purposes of this part and to ensure the adequate representation 
        of island and community interests within the Education Council, 
        the Secretary is authorized to facilitate the establishment of 
        Native Hawaiian education island councils (referred to 
        individually in this part as an `island council') for the 
        following islands:
                    ``(A) Hawai`i.
                    ``(B) Maui.
                    ``(C) Moloka`i.
                    ``(D) Lana`i.
                    ``(E) O`ahu.
                    ``(F) Kaua`i.
                    ``(G) Ni`ihau.
            ``(2) Composition of island councils.--Each island council 
        shall consist of parents, students, and other community members 
        who have an interest in the education of Native Hawaiians, and 
        shall be representative of individuals concerned with the 
        educational needs of all age groups, from children in preschool 
        through adults. At least \3/4\ of the members of each island 
        council shall be Native Hawaiians.
    ``(g) Administrative Provisions Relating to Education Council and 
Island Councils.--The Education Council and each island council shall 
meet at the call of the chairperson of the appropriate council, or upon 
the request of the majority of the members of the appropriate council, 
but in any event not less often than 4 times during each calendar year. 
The provisions of the Federal Advisory Committee Act shall not apply to 
the Education Council and each island council.
    ``(h) Compensation.--Members of the Education Council and each 
island council shall not receive any compensation for service on the 
Education Council and each island council, respectively.
    ``(i) Report.--Not later than 4 years after the date of enactment 
of the Educational Opportunities Act, the Secretary shall prepare and 
submit to the Committee on Education and the Workforce of the House of 
Representatives and the Committee on Indian Affairs of the Senate a 
report that summarizes the annual reports of the Education Council, 
describes the allocation and use of funds under this part, and contains 
recommendations for changes in Federal, State, and local policy to 
advance the purposes of this part.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $300,000 for fiscal year 2001 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years. Funds appropriated under this subsection shall remain available 
until expended.

``SEC. 9205. PROGRAM AUTHORIZED.

    ``(a) General Authority.--
            ``(1) Grants and contracts.--The Secretary is authorized to 
        make direct grants to, or enter into contracts with--
                    ``(A) Native Hawaiian educational organizations;
                    ``(B) Native Hawaiian community-based 
                organizations;
                    ``(C) public and private nonprofit organizations, 
                agencies, and institutions with experience in 
                developing or operating Native Hawaiian programs or 
                programs of instruction in the Native Hawaiian 
                language; and
                    ``(D) consortia of the organizations, agencies, and 
                institutions described in subparagraphs (A) through 
                (C),
        to carry out programs that meet the purposes of this part.
            ``(2) Priorities.--In awarding grants or contracts to carry 
        out activities described in paragraph (3), the Secretary shall 
        give priority to entities proposing projects that are designed 
        to address--
                    ``(A) beginning reading and literacy among students 
                in kindergarten through third grade;
                    ``(B) the needs of at-risk children and youth;
                    ``(C) needs in fields or disciplines in which 
                Native Hawaiians are underemployed; and
                    ``(D) the use of the Hawaiian language in 
                instruction.
            ``(3) Authorized activities.--Activities provided through 
        programs carried out under this part may include--
                    ``(A) the development and maintenance of a 
                statewide Native Hawaiian early education and care 
                system to provide a continuum of services for Native 
                Hawaiian children from the prenatal period of the 
                children through age 5;
                    ``(B) the operation of family-based education 
                centers that provide such services as--
                            ``(i) programs for Native Hawaiian parents 
                        and their infants from the prenatal period of 
                        the infants through age 3;
                            ``(ii) preschool programs for Native 
                        Hawaiians; and
                            ``(iii) research on, and development and 
                        assessment of, family-based, early childhood, 
                        and preschool programs for Native Hawaiians;
                    ``(C) activities that enhance beginning reading and 
                literacy in either the Hawaiian or the English language 
                among Native Hawaiian students in kindergarten through 
                third grade and assistance in addressing the distinct 
                features of combined English and Hawaiian literacy for 
                Hawaiian speakers in fifth and sixth grade; 
                    ``(D) activities to meet the special needs of 
                Native Hawaiian students with disabilities, including--
                            ``(i) the identification of such students 
                        and their needs;
                            ``(ii) the provision of support services to 
                        the families of those students; and
                            ``(iii) other activities consistent with 
                        the requirements of the Individuals with 
                        Disabilities Education Act;
                    ``(E) activities that address the special needs of 
                Native Hawaiian students who are gifted and talented, 
                including--
                            ``(i) educational, psychological, and 
                        developmental activities designed to assist in 
                        the educational progress of those students; and
                            ``(ii) activities that involve the parents 
                        of those students in a manner designed to 
                        assist in the students' educational progress;
                    ``(F) the development of academic and vocational 
                curricula to address the needs of Native Hawaiian 
                children and adults, including curriculum materials in 
                the Hawaiian language and mathematics and science 
                curricula that incorporate Native Hawaiian tradition 
                and culture;
                    ``(G) professional development activities for 
                educators, including--
                            ``(i) the development of programs to 
                        prepare prospective teachers to address the 
                        unique needs of Native Hawaiian students within 
                        the context of Native Hawaiian culture, 
                        language, and traditions;
                            ``(ii) in-service programs to improve the 
                        ability of teachers who teach in schools with 
                        concentrations of Native Hawaiian students to 
                        meet those students' unique needs; and
                            ``(iii) the recruitment and preparation of 
                        Native Hawaiians, and other individuals who 
                        live in communities with a high concentration 
                        of Native Hawaiians, to become teachers;
                    ``(H) the operation of community-based learning 
                centers that address the needs of Native Hawaiian 
                families and communities through the coordination of 
                public and private programs and services, including--
                            ``(i) preschool programs;
                            ``(ii) after-school programs; and
                            ``(iii) vocational and adult education 
                        programs;
                    ``(I) activities to enable Native Hawaiians to 
                enter and complete programs of postsecondary education, 
                including--
                            ``(i) provision of full or partial 
                        scholarships for undergraduate or graduate 
                        study that are awarded to students based on 
                        their academic promise and financial need, with 
                        a priority, at the graduate level, given to 
                        students entering professions in which Native 
                        Hawaiians are underrepresented;
                            ``(ii) family literacy services;
                            ``(iii) counseling and support services for 
                        students receiving scholarship assistance;
                            ``(iv) counseling and guidance for Native 
                        Hawaiian secondary students who have the 
                        potential to receive scholarships; and
                            ``(v) faculty development activities 
                        designed to promote the matriculation of Native 
                        Hawaiian students;
                    ``(J) research and data collection activities to 
                determine the educational status and needs of Native 
                Hawaiian children and adults;
                    ``(K) other research and evaluation activities 
                related to programs carried out under this part; and
                    ``(L) other activities, consistent with the 
                purposes of this part, to meet the educational needs of 
                Native Hawaiian children and adults.
            ``(4) Special rule and conditions.--
                    ``(A) Institutions outside hawaii.--The Secretary 
                shall not establish a policy under this section that 
                prevents a Native Hawaiian student enrolled at a 2- or 
                4-year degree granting institution of higher education 
                outside of the State of Hawai`i from receiving a 
                fellowship pursuant to paragraph (3)(I).
                    ``(B) Fellowship conditions.--The Secretary shall 
                establish conditions for receipt of a fellowship 
                awarded under paragraph (3)(I). The conditions shall 
                require that an individual seeking such a fellowship 
                enter into a contract to provide professional services, 
                either during the fellowship period or upon completion 
                of a program of postsecondary education, to the Native 
                Hawaiian community.
    ``(b) Administrative Costs.--Not more than 5 percent of funds 
provided to a grant recipient under this section for any fiscal year 
may be used for administrative purposes.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $23,000,000 for fiscal year 2001 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years. Funds appropriated under this subsection shall remain available 
until expended.

``SEC. 9206. ADMINISTRATIVE PROVISIONS.

    ``(a) Application Required.--No grant may be made under this part, 
and no contract may be entered into under this part, unless the entity 
seeking the grant or contract submits an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may determine to be necessary to carry out the provisions of 
this part.
    ``(b) Special Rule.--Each applicant for a grant or contract under 
this part shall submit the application for comment to the local 
educational agency serving students who will participate in the program 
to be carried out under the grant or contract, and include those 
comments, if any, with the application to the Secretary.

``SEC. 9207. DEFINITIONS.

    ``In this part:
            ``(1) Native hawaiian.--The term `Native Hawaiian' means 
        any individual who is--
                    ``(A) a citizen of the United States; and
                    ``(B) a descendant of the aboriginal people who, 
                prior to 1778, occupied and exercised sovereignty in 
                the area that now comprises the State of Hawai`i, as 
                evidenced by--
                            ``(i) genealogical records;
                            ``(ii) Kupuna (elders) or Kama`aina (long-
                        term community residents) verification; or
                            ``(iii) certified birth records.
            ``(2) Native hawaiian community-based organization.--The 
        term `Native Hawaiian community-based organization' means any 
        organization that is composed primarily of Native Hawaiians 
        from a specific community and that assists in the social, 
        cultural, and educational development of Native Hawaiians in 
        that community.
            ``(3) Native hawaiian educational organization.--The term 
        `Native Hawaiian educational organization' means a private 
        nonprofit organization that--
                    ``(A) serves the interests of Native Hawaiians;
                    ``(B) has Native Hawaiians in substantive and 
                policymaking positions within the organization;
                    ``(C) incorporates Native Hawaiian perspective, 
                values, language, culture, and traditions into the core 
                function of the organization;
                    ``(D) has demonstrated expertise in the education 
                of Native Hawaiian youth; and
                    ``(E) has demonstrated expertise in research and 
                program development.
            ``(4) Native hawaiian language.--The term `Native Hawaiian 
        language' means the single Native American language indigenous 
        to the original inhabitants of the State of Hawai`i.
            ``(5) Native hawaiian organization.--The term `Native 
        Hawaiian organization' means a private nonprofit organization 
        that--
                    ``(A) serves the interests of Native Hawaiians;
                    ``(B) has Native Hawaiians in substantive and 
                policymaking positions within the organizations; and
                    ``(C) is recognized by the Governor of Hawai`i for 
                the purpose of planning, conducting, or administering 
                programs (or portions of programs) for the benefit of 
                Native Hawaiians.
            ``(6) Office of hawaiian affairs.--The term `Office of 
        Hawaiian Affairs' means the office of Hawaiian Affairs 
        established by the Constitution of the State of Hawai`i.

                   ``PART C--ALASKA NATIVE EDUCATION

``SEC. 9301. SHORT TITLE.

    ``This part may be cited as the `Alaska Native Educational Equity, 
Support, and Assistance Act'.

``SEC. 9302. FINDINGS.

    ``Congress finds the following:
            ``(1) The attainment of educational success is critical to 
        the betterment of the conditions, long-term well-being, and 
        preservation of the culture of Alaska Natives.
            ``(2) It is the policy of the Federal Government to 
        encourage the maximum participation by Alaska Natives in the 
        planning and the management of Alaska Native education 
        programs.
            ``(3) Alaska Native children enter and exit school with 
        serious educational handicaps.
            ``(4) The educational achievement of Alaska Native children 
        is far below national norms. Native performance on standardized 
        tests is low, Native student dropout rates are high, and 
        Natives are significantly underrepresented among holders of 
        baccalaureate degrees in the State of Alaska. As a result, 
        Native students are being denied their opportunity to become 
        full participants in society by grade school and high school 
        educations that are condemning an entire generation to an 
        underclass status and a life of limited choices.
            ``(5) The programs authorized in this title, combined with 
        expanded Head Start, infant learning and early childhood 
        education programs, and parent education programs are essential 
        if educational handicaps are to be overcome.
            ``(6) The sheer magnitude of the geographic barriers to be 
        overcome in delivering educational services in rural Alaska and 
        Alaska villages should be addressed through the development and 
        implementation of innovative, model programs in a variety of 
        areas.
            ``(7) Congress finds that Native children should be 
        afforded the opportunity to begin their formal education on a 
        par with their non-Native peers. The Federal Government should 
        lend support to efforts developed by and undertaken within the 
        Alaska Native community to improve educational opportunity for 
        all students.

``SEC. 9303. PURPOSES.

    ``The purposes of this part are to--
            ``(1) recognize the unique educational needs of Alaska 
        Natives;
            ``(2) authorize the development of supplemental educational 
        programs to benefit Alaska Natives;
            ``(3) supplement programs and authorities in the area of 
        education to further the objectives of this part; and
            ``(4) provide direction and guidance to appropriate 
        Federal, State, and local agencies to focus resources, 
        including resources made available under this part, on meeting 
        the educational needs of Alaska Natives.

``SEC. 9304. PROGRAM AUTHORIZED.

    ``(a) General Authority.--
            ``(1) Grants and contracts.--The Secretary is authorized to 
        make grants to, or enter into contracts with, Alaska Native 
        organizations, educational entities with experience in 
        developing or operating Alaska Native programs or programs of 
        instruction conducted in Alaska Native languages, and consortia 
        of such organizations and entities to carry out programs that 
        meet the purposes of this part.
            ``(2) Permissible activities.--Activities provided through 
        programs carried out under this part may include--
                    ``(A) the development and implementation of plans, 
                methods, and strategies to improve the education of 
                Alaska Natives;
                    ``(B) the development of curricula and educational 
                programs that address the educational needs of Alaska 
                Native students, including--
                            ``(i) curriculum materials that reflect the 
                        cultural diversity or the contributions of 
                        Alaska Natives;
                            ``(ii) instructional programs that make use 
                        of Native Alaskan languages; and
                            ``(iii) networks that introduce successful 
                        programs, materials, and techniques to urban 
                        and rural schools;
                    ``(C) professional development activities for 
                educators, including--
                            ``(i) programs to prepare teachers to 
                        address the cultural diversity and unique needs 
                        of Alaska Native students;
                            ``(ii) in-service programs to improve the 
                        ability of teachers to meet the unique needs of 
                        Alaska Native students; and
                            ``(iii) recruitment and preparation of 
                        teachers who are Alaska Native, reside in 
                        communities with high concentrations of Alaska 
                        Native students, or are likely to succeed as 
                        teachers in isolated, rural communities and 
                        engage in cross-cultural instruction in Alaska;
                    ``(D) the development and operation of home 
                instruction programs for Alaska Native preschool 
                children, the purpose of which is to ensure the active 
                involvement of parents in their children's education 
                from the earliest ages;
                    ``(E) family literacy services;
                    ``(F) the development and operation of student 
                enrichment programs in science and mathematics that--
                            ``(i) are designed to prepare Alaska Native 
                        students from rural areas, who are preparing to 
                        enter secondary school, to excel in science and 
                        math; and
                            ``(ii) provide appropriate support services 
                        to the families of such students that are 
                        needed to enable such students to benefit from 
                        the programs;
                    ``(G) research and data collection activities to 
                determine the educational status and needs of Alaska 
                Native children and adults;
                    ``(H) other research and evaluation activities 
                related to programs carried out under this part; and
                    ``(I) other activities, consistent with the 
                purposes of this part, to meet the educational needs of 
                Alaska Native children and adults.
            ``(3) Home instruction programs.--Home instruction programs 
        for Alaska Native preschool children carried out under 
        paragraph (2)(D) may include--
                    ``(A) programs for parents and their infants, from 
                the prenatal period of the infant through age 3;
                    ``(B) preschool programs; and
                    ``(C) training, education, and support for parents 
                in such areas as reading readiness, observation, story 
                telling, and critical thinking.
    ``(b) Administrative Costs.--Not more than 5 percent of funds 
provided to a grant recipient under this section for any fiscal year 
may be used for administrative purposes.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $17,000,000 for fiscal year 2001 
and such sums as may be necessary for each of the 4 succeeding fiscal 
years.

``SEC. 9305. ADMINISTRATIVE PROVISIONS.

    ``(a) Application Required.--No grant may be made under this part, 
and no contract may be entered into under this part, unless the entity 
seeking the grant or contract submits an application to the Secretary 
at such time, in such manner, and containing such information as the 
Secretary may determine to be necessary to carry out the provisions of 
this part.
    ``(b) Applications.--A State educational agency or local 
educational agency may apply for a grant or contract under this part 
only as part of a consortium involving an Alaska Native organization. 
The consortium may include other eligible applicants.
    ``(c) Consultation Required.--Each applicant for a grant or 
contract under this part shall provide for ongoing advice from and 
consultation with representatives of the Alaska Native community.
    ``(d) Local Educational Agency Coordination.--Each applicant for a 
grant or contract under this part shall inform each local educational 
agency serving students who will participate in the program to be 
carried out under the grant or contract about the application.

``SEC. 9306. DEFINITIONS.

    ``In this part:
            ``(1) Alaska native.--The term `Alaska Native' has the 
        meaning given the term `Native' in section 3(b) of the Alaska 
        Native Claims Settlement Act.
            ``(2) Alaska native organization.--The term `Alaska Native 
        organization' means a federally recognized tribe, consortium of 
        tribes, regional nonprofit Native association, or another 
        organization that--
                    ``(A) has or commits to acquire expertise in the 
                education of Alaska Natives; and
                    ``(B) has Alaska Natives in substantive and 
                policymaking positions within the organization.''.

SEC. 902. CONFORMING AMENDMENTS.

    (a) Higher Education Act of 1965.--Section 317(b) of the Higher 
Education Act of 1965 (20 U.S.C. 1059d(b)) is amended--
            (1) in paragraph (1), by striking ``section 9308'' and 
        inserting ``section 9306''; and
            (2) in paragraph (3), by striking ``section 9212'' and 
        inserting ``section 9207''.
    (b) Public Law 88-210.--Section 116 of Public Law 88-210 (as added 
by section 1 of Public Law 105-332 (112 Stat. 3076)) is amended by 
striking ``section 9212 of the Native Hawaiian Education Act (20 U.S.C. 
7912)'' and inserting ``section 9207 of the Native Hawaiian Education 
Act''.
    (c) Carl D. Perkins Vocational and Technical Education Act of 
1998.--Section 116(a)(5) of the Carl D. Perkins Vocational and 
Technical Education Act of 1998 (20 U.S.C. 2326(a)(5)) is amended by 
striking ``section 9212'' and all that follows and inserting ``section 
9207 of the Native Hawaiian Education Act''.
    (d) Museum and Library Services Act.--Section 261 of the Museum and 
Library Services Act (20 U.S.C. 9161) is amended by striking ``section 
9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)'' and 
inserting ``section 9207 of the Native Hawaiian Education Act''.
    (e) Act of April 16, 1934.--Section 5 of the Act of April 16, 1934 
(commonly known as the ``Johnson-O'Malley Act'') (88 Stat. 2213; 25 
U.S.C. 456) is amended by striking ``section 9104(c)(4)'' and inserting 
``section 9114(c)(4)''.
    (f) Native American Languages Act.--Section 103 of the Native 
American Languages Act (25 U.S.C. 2902) is amended--
            (1) in paragraph (2), by striking ``section 9161(4) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7881(4))'' and inserting ``section 9161(3) of the Elementary 
        and Secondary Education Act of 1965''; and
            (2) in paragraph (3), by striking ``section 9212(1) of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7912(1))'' and inserting ``section 9207 of the Elementary and 
        Secondary Education Act of 1965''.
    (g) Workforce Investment Act of 1998.--Section 166(b)(3) of the 
Workforce Investment Act of 1998 (29 U.S.C. 2911(b)(3)) is amended by 
striking ``paragraphs (1) and (3), respectively, of section 9212 of the 
Native Hawaiian Education Act (20 U.S.C. 7912)'' and inserting 
``section 9207 of the Native Hawaiian Education Act''.
    (h) Assets for Independence Act.--Section 404(11) of the Assets for 
Independence Act (42 U.S.C. 604 note) is amended by striking ``section 
9212 of the Native Hawaiian Education Act (20 U.S.C. 7912)'' and 
inserting ``section 9207 of the Native Hawaiian Education Act''.

                      TITLE X--GENERAL PROVISIONS

SEC. 10001. UNIFORM PROVISIONS.

    The Act (20 U.S.C. 6301 et seq.) is amended--
            (1) by amending the heading for title X (20 U.S.C. 8001 et 
        seq.) to read as follows:

                    ``TITLE X--GENERAL PROVISIONS'';

            (2) by repealing part A of title X (20 U.S.C. 8001 et 
        seq.);
            (3) by transferring part E of title XIV (20 U.S.C. 8891 et 
        seq.) to title X, inserting such part E after the heading for 
        title X (as so amended), and redesignating such part E (as so 
        transferred) as part A of title X;
            (4) by redesignating sections 14501 through 14514 (as so 
        transferred) (20 U.S.C. 8891, 8904) as sections 10101 through 
        10114;
            (5) in section 10103(b)(1) (as so redesignated) (20 U.S.C. 
        8893(b)(1)), by striking subparagraphs (A) through (E) and 
        inserting the following:
                    ``(A) part C of title I;
                    ``(B) title II;
                    ``(C) part A of title IV;
                    ``(D) part A of title V; and
                    ``(E) title VII.'';
            (6) in section 10104 (as so redesignated) (20 U.S.C. 
        8894)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``14503'' and inserting ``10103''; and
                    (B) in paragraph (2), by striking ``14503, 14505, 
                and 14506'' and inserting ``10103, 10105, and 10106'';
            (7) in section 10105(a) (as so redesignated) (20 U.S.C. 
        8895(a)), by striking ``14503'' and inserting ``10103'';
            (8) in section 10106 (as so redesignated) (20 U.S.C. 
        8896)--
                    (A) in subsection (a)(1), by striking ``14504'' and 
                inserting ``10104''; and
                    (B) in subsection (b), by striking ``14503'' and 
                inserting ``10103''; and
            (9) by inserting after section 10114 (as so redesignated) 
        the following:

``SEC. 10115. CONSTRUCTION.

    ``Nothing in this Act shall be construed to prohibit recruiters for 
the Armed Forces of the United States from receiving the same access to 
secondary school students, and to directory information concerning such 
students, as is provided to postsecondary educational institutions or 
to prospective employers of such students, because all students should 
have access to high quality continuing education or service 
opportunities.

``SEC. 10116. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED 
              SCHOOLS.

    ``For purposes of any competitive program under this Act--
            ``(1) a consortium of schools operated by the Bureau of 
        Indian Affairs;
            ``(2) a school operated under a contract or grant with the 
        Bureau of Indian Affairs in consortium with another contract or 
        grant school, or with a tribal or community organization; or
            ``(3) a Bureau of Indian Affairs school in consortium with 
        an institution of higher education, with a contract or grant 
        school, or with a tribal or community organization,
shall be given the same consideration as a local educational agency.''.

SEC. 10002. EVALUATIONS.

    Part B of title X (20 U.S.C. 8031 et seq.) is amended to read as 
follows:

                         ``PART B--EVALUATIONS

``SEC. 10201. EVALUATIONS.

    ``(a) Evaluations.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Secretary is authorized to reserve not more than 0.50 percent 
        of the amount appropriated to carry out each program authorized 
        under this Act--
                    ``(A) to carry out comprehensive evaluations of 
                categorical programs and demonstration projects, and 
                studies of program effectiveness, under this Act, and 
                the administrative impact of such programs on schools 
                and local educational agencies in accordance with 
                subsection (b);
                    ``(B) to evaluate the aggregate short- and long-
                term effects and cost efficiencies across Federal 
                programs under this Act; and
                    ``(C) to strengthen the usefulness of grant 
                recipient evaluations for continuous program progress 
                through improving the quality, timeliness, efficiency, 
                and utilization of program information on program 
                performance.
            ``(2) Special rule.--
                    ``(A) Applicability.--Paragraph (1) shall not apply 
                to any program under title I.
                    ``(B) Special Rule.--If funds are made available 
                under any program assisted under this Act (other than a 
                program under title I) for evaluation activities, then 
                the Secretary shall reserve no additional funds 
                pursuant to the authority in paragraph (1) to evaluate 
                such program, but shall coordinate the evaluation of 
                such program with the national evaluation described in 
                subsection (b).
    ``(b) National Evaluations.--
            ``(1) In general.--The Secretary shall use the funds made 
        available under subsection (a)--
                    ``(A) to carry out independent studies of 
                categorical and demonstration programs under this Act 
                and the administrative impact of such programs on 
                schools and local educational agencies, that are 
                coordinated with research supported through the Office 
                of Educational Research and Improvement, using rigorous 
                methodological designs and techniques, including 
                longitudinal designs, control groups, and random 
                assignment, as appropriate, to determine--
                            ``(i) the success of such programs in 
                        meeting the measurable goals and objectives, 
                        through appropriate targeting, quality 
                        services, and efficient administration, and in 
                        contributing to achieving America's Education 
                        Goals, with a priority on assessing program 
                        impact on student performance;
                            ``(ii) the short- and long-term effects of 
                        program participation on program participants, 
                        as appropriate;
                            ``(iii) the cost and efficiency of such 
                        programs;
                            ``(iv) to the extent feasible, the cost of 
                        serving all students eligible to be served 
                        under such programs;
                            ``(v) specific intervention strategies and 
                        implementation of such strategies that, based 
                        on theory, research and evaluation, offer the 
                        promise of improved achievement of program 
                        objectives;
                            ``(vi) promising means of identifying and 
                        disseminating effective management and 
                        educational practices;
                            ``(vii) the effect of such programs on 
                        school and local educational agencies' 
                        administrative responsibilities and structure, 
                        including the use of local and State resources, 
                        with particular attention to schools and 
                        agencies serving a high concentration of 
                        disadvantaged students;
                            ``(viii) the effect of Federal categorical 
                        programs at the elementary and secondary levels 
                        on the proliferation of State categorical 
                        education aid programs and regulations, 
                        including an evaluation of the State 
                        regulations that are developed in response to 
                        Federal education laws; and
                            ``(ix) the effect of such programs on 
                        school reform efforts;
                    ``(B) to carry out a study of the waivers granted 
                under section 6601, which study shall include--
                            ``(i) data on the total number of waiver 
                        requests that were granted and the total number 
                        of such requests that were denied, 
                        disaggregated by the statutory or regulatory 
                        requirement for which the waivers were 
                        requested; and
                            ``(ii) an analysis of the effect of waivers 
                        on categorical program requirements and other 
                        flexibility provisions in this Act on 
                        improvement in educational achievement of 
                        participating students and on school and local 
                        educational agency administrative 
                        responsibilities, structure, and resources 
                        based on an appropriate sample of State 
                        educational agencies, local educational 
                        agencies, schools, and tribes receiving 
                        waivers;
                    ``(C) to carry out a study of the waivers under 
                section 1114 to support schoolwide programs which shall 
                include--
                            ``(i) the extent to which schoolwide 
                        programs are meeting the intent and purposes of 
                        any program for which provisions were waived; 
                        and
                            ``(ii) the extent to which the needs of all 
                        students are being served by such programs 
                        particularly students who would be eligible for 
                        assistance under any provisions waived; and
                    ``(D) to provide for a study, conducted by the 
                National Academy of Sciences, regarding the 
                relationship between time and learning, which shall 
                include--
                            ``(i) an analysis of the impact of 
                        increasing education time on student 
                        achievement;
                            ``(ii) an analysis of how schools, 
                        teachers, and students use time and the quality 
                        of instructional activities;
                            ``(iii) an analysis of how time outside of 
                        school may be used to enhance student learning; 
                        and
                            ``(iv) cost estimates for increasing time 
                        in school.
            ``(2) Independent panel.--The Secretary shall appoint an 
        independent panel to review the plan for the evaluation 
        described in paragraph (1), to advise the Secretary on such 
        evaluation's progress, and to comment, if the panel so wishes, 
        on the final report described in paragraph (3).
            ``(3) Report.--The Secretary shall submit a final report on 
        the evaluation described in this subsection by January 1, 2004, 
        to the Committee on Education and the Workforce of the House of 
        Representatives and to the Committee on Health, Education, 
        Labor, and Pensions of the Senate.
    ``(c) Recipient Evaluation and Quality Assurance Improvement.--The 
Secretary is authorized to provide guidance, technical assistance, and 
model programs to recipients of assistance under this Act to strengthen 
information for quality assurance and performance information feedback 
at State and local levels. Such guidance and assistance shall promote 
the development, measurement and reporting of valid, reliable, timely 
and consistent performance indicators within a program in order to 
promote continuous program improvement. Nothing in this subsection 
shall be construed to establish a national data system.''.

SEC. 10003. AMERICA'S EDUCATION GOALS.

    Part C of title X (20 U.S.C. 8061 et seq.) is amended to read as 
follows:

                  ``PART C--AMERICA'S EDUCATION GOALS

``SEC. 10301. AMERICA'S EDUCATION GOALS.

    ``America's Education Goals are as follows:
            ``(1) School readiness.--
                    ``(A) Goal.--All children in America will start 
                school ready to learn.
                    ``(B) Objectives.--The objectives for this goal are 
                that--
                            ``(i) all children will have access to 
                        high-quality and developmentally appropriate 
                        preschool programs that help prepare children 
                        for school;
                            ``(ii) every parent in the United States 
                        will be a child's first teacher and devote time 
                        each day to helping such parent's preschool 
                        child learn, and parents will have access to 
                        the training and support parents need; and
                            ``(iii) children will receive the 
                        nutrition, physical activity experiences, and 
                        health care needed to arrive at school with 
                        healthy minds and bodies, and to maintain the 
                        mental alertness necessary to be prepared to 
                        learn, and the number of low-birthweight babies 
                        will be significantly reduced through enhanced 
                        prenatal health systems.
            ``(2) School completion.--
                    ``(A) Goal.--The high school graduation rate will 
                increase to at least 90 percent.
                    ``(B) Objectives.--The objectives for this goal are 
                that--
                            ``(i) the Nation must dramatically reduce 
                        its school dropout rate, and 75 percent of the 
                        students who do drop out will successfully 
                        complete a high school degree or its 
                        equivalent; and
                            ``(ii) the gap in high school graduation 
                        rates between American students from minority 
                        backgrounds and their non-minority counterparts 
                        will be eliminated.
            ``(3) Student achievement and citizenship.--
                    ``(A) Goal.--All students will leave grades 4, 8, 
                and 12 having demonstrated competency over challenging 
                subject matter including English, mathematics, science, 
                foreign languages, civics and government, economics, 
                arts, history, and geography, and every school in 
                America will ensure that all students learn to use 
                their minds well, so they may be prepared for 
                responsible citizenship, further learning, and 
                productive employment in our Nation's modern economy.
                    ``(B) Objectives.--The objectives for this goal are 
                that--
                            ``(i) the academic performance of all 
                        students at the elementary and secondary level 
                        will increase significantly in every quartile, 
                        and the distribution of minority students in 
                        each quartile will more closely reflect the 
                        student population as a whole;
                            ``(ii) the percentage of all students who 
                        demonstrate the ability to reason, solve 
                        problems, apply knowledge, and write and 
                        communicate effectively will increase 
                        substantially;
                            ``(iii) all students will be involved in 
                        activities that promote and demonstrate good 
                        citizenship, good health, community service, 
                        and personal responsibility;
                            ``(iv) all students will have access to 
                        physical education and health education to 
                        ensure they are healthy and fit;
                            ``(v) the percentage of all students who 
                        are competent in more than one language will 
                        substantially increase; and
                            ``(vi) all students will be knowledgeable 
                        about the diverse cultural heritage of this 
                        Nation and about the world community.
            ``(4) Teacher education and professional development.--
                    ``(A) Goal.--The Nation's teaching force will have 
                access to programs for the continued improvement of 
                their professional skills and the opportunity to 
                acquire the knowledge and skills needed to instruct and 
                prepare all American students.
                    ``(B) Objectives.--The objectives for this goal are 
                that--
                            ``(i) all teachers will have access to 
                        preservice teacher education and continuing 
                        professional development activities that will 
                        provide such teachers with the knowledge and 
                        skills needed to teach to an increasingly 
                        diverse student population with a variety of 
                        educational, social, and health needs;
                            ``(ii) all teachers will have continuing 
                        opportunities to acquire additional knowledge 
                        and skills needed to teach challenging subject 
                        matter and to use emerging new methods, forms 
                        of assessment, and technologies;
                            ``(iii) States and school districts will 
                        create integrated strategies to attract, 
                        recruit, prepare, retrain, and support the 
                        continued professional development of teachers, 
                        administrators, and other educators, so that 
                        there is a highly talented work force of 
                        professional educators to teach challenging 
                        subject matter; and
                            ``(iv) partnerships will be established, 
                        whenever possible, among local educational 
                        agencies, institutions of higher education, 
                        parents, and local labor, business, and 
                        professional associations to provide and 
                        support programs for the professional 
                        development of educators.
            ``(5) Mathematics and science.--
                    ``(A) Goal.--United States students will be first 
                in the world in mathematics and science achievement.
                    ``(B) Objectives.--The objectives for this goal are 
                that--
                            ``(i) mathematics and science education, 
                        including the metric system of measurement, 
                        will be strengthened throughout the education 
                        system, especially in the early grades;
                            ``(ii) the number of teachers with a 
                        substantive background in mathematics and 
                        science, including the metric system of 
                        measurement, will increase by 50 percent; and
                            ``(iii) the number of United States 
                        undergraduate and graduate students, especially 
                        women and minorities, who complete degrees in 
                        mathematics, science, and engineering will 
                        increase significantly.
            ``(6) Adult literacy and lifelong learning.--
                    ``(A) Goal.--Every adult American will be literate 
                and will possess the knowledge and skills necessary to 
                compete in a global economy and exercise the rights and 
                responsibilities of citizenship.
                    ``(B) Objectives.--The objectives for this goal are 
                that--
                            ``(i) every major American business will be 
                        involved in strengthening the connection 
                        between education and work;
                            ``(ii) all workers will have the 
                        opportunity to acquire the knowledge and 
                        skills, from basic to highly technical, needed 
                        to adapt to emerging new technologies, work 
                        methods, and markets through public and private 
                        educational, vocational, technical, workplace, 
                        or other programs;
                            ``(iii) the number of quality programs, 
                        including those at libraries, that are designed 
                        to serve more effectively the needs of the 
                        growing number of part-time and midcareer 
                        students will increase substantially;
                            ``(iv) the proportion of the qualified 
                        students, especially minorities, who enter 
                        college, who complete at least two years, and 
                        who complete their degree programs will 
                        increase substantially;
                            ``(v) the proportion of college graduates 
                        who demonstrate an advanced ability to think 
                        critically, communicate effectively, and solve 
                        problems will increase substantially; and
                            ``(vi) schools, in implementing 
                        comprehensive parent involvement programs, will 
                        offer more adult literacy, parent training and 
                        life-long learning opportunities to improve the 
                        ties between home and school, and enhance 
                        parents' work and home lives.
            ``(7) Safe, disciplined, and alcohol- and drug-free 
        schools.--
                    ``(A) Goal.--Every school in the United States will 
                be free of drugs, violence, and the unauthorized 
                presence of firearms and alcohol, and will offer a 
                disciplined environment conducive to learning.
                    ``(B) Objectives.--The objectives for this goal are 
                that--
                            ``(i) every school will implement a firm 
                        and fair policy on use, possession, and 
                        distribution of drugs and alcohol;
                            ``(ii) parents, businesses, governmental 
                        and community organizations will work together 
                        to ensure the rights of students to study in a 
                        safe and secure environment that is free of 
                        drugs and crime, and that schools provide a 
                        healthy environment and are a safe haven for 
                        all children;
                            ``(iii) every local educational agency will 
                        develop and implement a policy to ensure that 
                        all schools are free of violence and the 
                        unauthorized presence of weapons;
                            ``(iv) every local educational agency will 
                        develop a sequential, comprehensive 
                        kindergarten through twelfth grade drug and 
                        alcohol prevention education program;
                            ``(v) drug and alcohol curriculum should be 
                        taught as an integral part of sequential, 
                        comprehensive health education;
                            ``(vi) community-based teams should be 
                        organized to provide students and teachers with 
                        needed support; and
                            ``(vii) every school should work to 
                        eliminate sexual harassment.
            ``(8) Parental participation.--
                    ``(A) Goal.--Every school will promote partnerships 
                that will increase parental involvement and 
                participation in promoting the social, emotional, and 
                academic growth of children.
                    ``(B) Objectives.--The objectives for this Goal are 
                that--
                            ``(i) every State will develop policies to 
                        assist local schools and local educational 
                        agencies to establish programs for increasing 
                        partnerships that respond to the varying needs 
                        of parents and the home, including parents of 
                        children who are disadvantaged or bilingual, or 
                        parents of children with disabilities;
                            ``(ii) every school will actively engage 
                        parents and families in a partnership which 
                        supports the academic work of children at home 
                        and shared educational decisionmaking at 
                        school; and
                            ``(iii) parents and families will help to 
                        ensure that schools are adequately supported 
                        and will hold schools and teachers to high 
                        standards of accountability.''.

SEC. 10004. AMERICA'S EDUCATION GOALS PANEL.

    (a) Amendment.--Part D of title X (20 U.S.C. 8091 et seq.) is 
amended to read as follows:

               ``PART D--AMERICA'S EDUCATION GOALS PANEL

``SEC. 10401. AMERICA'S EDUCATION GOALS PANEL.

    ``(a) Purpose.--It is the purpose of this section to establish a 
bipartisan mechanism for--
            ``(1) building a national consensus for education 
        improvement; and
            ``(2) reporting on progress toward achieving the National 
        Education Goals.
    ``(b) America's Education Goals Panel.--
            ``(1) Establishment.--There is established in the executive 
        branch an America's Education Goals Panel (hereafter in this 
        section referred to as the `Goals Panel') to advise the 
        President, the Secretary, and Congress.
            ``(2) Composition.--The Goals Panel shall be composed of 18 
        members (hereafter in this section referred to as `members'), 
        including--
                    ``(A) 2 members appointed by the President;
                    ``(B) 8 members who are Governors, 3 of whom shall 
                be from the same political party as the President and 5 
                of whom shall be from the opposite political party of 
                the President, appointed by the Chairperson and Vice 
                Chairperson of the National Governors' Association, 
                with the Chairperson and Vice Chairperson each 
                appointing representatives of such Chairperson's or 
                Vice Chairperson's respective political party, in 
                consultation with each other;
                    ``(C) 4 Members of Congress, of whom--
                            ``(i) 1 member shall be appointed by the 
                        Majority Leader of the Senate from among the 
                        Members of the Senate;
                            ``(ii) 1 member shall be appointed by the 
                        Minority Leader of the Senate from among the 
                        Members of the Senate;
                            ``(iii) 1 member shall be appointed by the 
                        Majority Leader of the House of Representatives 
                        from among the Members of the House of 
                        Representatives; and
                            ``(iv) 1 member shall be appointed by the 
                        Minority Leader of the House of Representatives 
                        from among the Members of the House of 
                        Representatives; and
                    ``(D) 4 members of State legislatures appointed by 
                the President of the National Conference of State 
                Legislatures, of whom 2 shall be of the same political 
                party as the President of the United States.
            ``(3) Special appointment rules.--
                    ``(A) In general.--The members appointed pursuant 
                to paragraph (2)(B) shall be appointed as follows:
                            ``(i) Same party.--If the Chairperson of 
                        the National Governors' Association is from the 
                        same political party as the President, the 
                        Chairperson shall appoint 3 individuals and the 
                        Vice Chairperson of such association shall 
                        appoint 5 individuals.
                            ``(ii) Opposite party.--If the Chairperson 
                        of the National Governors' Association is from 
                        the opposite political party as the President, 
                        the Chairperson shall appoint 5 individuals and 
                        the Vice Chairperson of such association shall 
                        appoint 3 individuals.
                    ``(B) Special rule.--If the National Governors' 
                Association has appointed a panel that meets the 
                requirements of paragraph (2) and subparagraph (A), 
                except for the requirements of subparagraph (D) of 
                paragraph (2), prior to the date of enactment of the 
                Elementary and Secondary Education Amendments of 1999, 
                then the members serving on such panel shall be deemed 
                to be in compliance with the provisions of such 
                paragraph and subparagraph and shall not be required to 
                be reappointed pursuant to such paragraph and 
                subparagraph.
                    ``(C) Representation.--To the extent feasible, the 
                membership of the Goals Panel shall be geographically 
                representative and reflect the racial, ethnic, and 
                gender diversity of the United States.
            ``(4) Terms.--The terms of service of members shall be as 
        follows:
                    ``(A) Presidential appointees.--Members appointed 
                under paragraph (2)(A) shall serve at the pleasure of 
                the President.
                    ``(B) Governors.--Members appointed under paragraph 
                (2)(B) shall serve for 2-year terms, except that the 
                initial appointments under such paragraph shall be made 
                to ensure staggered terms with \1/2\ of such members' 
                terms concluding every 2 years.
                    ``(C) Congressional appointees and state 
                legislators.--Members appointed under subparagraphs (C) 
                and (D) of paragraph (2) shall serve for 2-year terms.
            ``(5) Date of appointment.--The initial members shall be 
        appointed not later than 60 days after the date of enactment of 
        the Elementary and Secondary Education Amendments of 1999.
            ``(6) Initiation.--The Goals Panel may begin to carry out 
        the Goals Panel's duties under this section when 10 members of 
        the Goals Panel have been appointed.
            ``(7) Vacancies.--A vacancy on the Goals Panel shall not 
        affect the powers of the Goals Panel, but shall be filled in 
        the same manner as the original appointment.
            ``(8) Travel.--Each member may be allowed travel expenses, 
        including per diem in lieu of subsistence, as authorized by 
        section 5703 of title 5, United States Code, for each day the 
        member is engaged in the performance of duties for the Goals 
        Panel away from the home or regular place of business of the 
        member.
            ``(9) Chairperson.--
                    ``(A) In general.--The members shall select a 
                Chairperson from among the members.
                    ``(B) Term and political affiliation.--The 
                Chairperson of the Goals Panel shall serve a 1-year 
                term and shall alternate between political parties.
            ``(10) Conflict of interest.--A member of the Goals Panel 
        who is an elected official of a State which has developed 
        content or student performance standards may not participate in 
        Goals Panel consideration of such standards.
            ``(11) Ex officio member.--If the President has not 
        appointed the Secretary as 1 of the 2 members the President 
        appoints pursuant to paragraph (2)(A), then the Secretary shall 
        serve as a nonvoting ex officio member of the Goals Panel.
    ``(c) Duties.--
            ``(1) In general.--The Goals Panel shall--
                    ``(A) report to the President, the Secretary, and 
                Congress regarding the progress the Nation and the 
                States are making toward achieving America's Education 
                Goals, including issuing an annual report;
                    ``(B) report on, and widely disseminate through 
                multiple strategies, promising or effective actions 
                being taken at the Federal, State, and local levels, 
                and in the public and private sectors, to achieve 
                America's Education Goals;
                    ``(C) report on, and widely disseminate on 
                promising or effective practices pertaining to, the 
                achievement of each of the 8 America's Education Goals; 
                and
                    ``(D) help build a bipartisan consensus for the 
                reforms necessary to achieve America's Education Goals.
            ``(2) Report.--
                    ``(A) In general.--The Goals Panel shall annually 
                prepare and submit to the President, the Secretary, the 
                appropriate committees of Congress, and the Governor of 
                each State a report that shall--
                            ``(i) assess the progress of the United 
                        States toward achieving America's Education 
                        Goals; and
                            ``(ii) identify actions that should be 
                        taken by Federal, State, and local 
                        governments--
                                    ``(I) to enhance progress toward 
                                achieving America's Education Goals; 
                                and
                                    ``(II) to provide all students with 
                                a fair opportunity-to-learn.
                    ``(B) Form; data.--Reports shall be presented in a 
                form, and include data, that is understandable to 
                parents and the general public.
    ``(d) Powers of the Goals Panel.--
            ``(1) Hearings.--
                    ``(A) In general.--The Goals Panel shall, for the 
                purpose of carrying out this section, conduct such 
                hearings, sit and act at such times and places, take 
                such testimony, and receive such evidence, as the Goals 
                Panel considers appropriate.
                    ``(B) Representation.--In carrying out this 
                section, the Goals Panel shall conduct hearings to 
                receive reports, views, and analyses of a broad 
                spectrum of experts and the public on the establishment 
                of voluntary national content standards, voluntary 
                national student performance standards, and State 
                assessments.
            ``(2) Information.--The Goals Panel may secure directly 
        from any department or agency of the United States information 
        necessary to enable the Goals Panel to carry out this section. 
        Upon request of the Chairperson of the Goals Panel, the head of 
        a department or agency shall furnish such information to the 
        Goals Panel to the extent permitted by law.
            ``(3) Postal services.--The Goals Panel may use the United 
        States mail in the same manner and under the same conditions as 
        other departments and agencies of the United States.
            ``(4) Use of facilities.--The Goals Panel may, with or 
        without reimbursement, and with the consent of any agency or 
        instrumentality of the United States, or of any State or 
        political subdivision thereof, use the research, equipment, 
        services, and facilities of such agency, instrumentality, 
        State, or subdivision, respectively.
            ``(5) Administrative arrangements and support.--
                    ``(A) In general.--The Secretary shall provide to 
                the Goals Panel, on a reimbursable basis, such 
                administrative support services as the Goals Panel may 
                request.
                    ``(B) Contracts and other arrangements.--The 
                Secretary, to the extent appropriate, and on a 
                reimbursable basis, shall enter into contracts and make 
                other arrangements that are requested by the Goals 
                Panel to help the Goals Panel compile and analyze data 
                or carry out other functions necessary to the 
                performance of such responsibilities.
            ``(6) Gifts.--The Goals Panel may accept, administer, and 
        utilize gifts or donations of services, money, or property, 
        whether real or personal, tangible or intangible.
    ``(e) Administrative Provisions.--
            ``(1) Meetings.--The Goals Panel shall meet on a regular 
        basis, as necessary, at the call of the Chairperson of the 
        Goals Panel or a majority of the Goals Panel's members.
            ``(2) Quorum.--A majority of the members shall constitute a 
        quorum for the transaction of business.
            ``(3) Voting and final decision.--
                    ``(A) Voting.--No individual may vote, or exercise 
                any of the powers of a member, by proxy.
                    ``(B) Final decisions.--
                            ``(i) Consensus.--In making final decisions 
                        of the Goals Panel with respect to the exercise 
                        of the Goals Panel's duties and powers the 
                        Goals Panel shall operate on the principle of 
                        consensus among the members of the Goals Panel.
                            ``(ii) Votes.--Except as otherwise provided 
                        in this section, if a vote of the membership of 
                        the Goals Panel is required to reach a final 
                        decision with respect to the exercise of the 
                        Goals Panel's duties and powers, then such 
                        final decision shall be made by a \3/4\ vote of 
                        the members of the Goals Panel who are present 
                        and voting.
            ``(4) Public access.--The Goals Panel shall ensure public 
        access to the Goals Panel's proceedings (other than 
        proceedings, or portions of proceedings, relating to internal 
        personnel and management matters) and make available to the 
        public, at reasonable cost, transcripts of such proceedings.
    ``(f) Director and Staff; Experts and Consultants.--
            ``(1) Director.--The Chairperson of the Goals Panel, 
        without regard to the provisions of title 5, United States 
        Code, relating to the appointment and compensation of officers 
        or employees of the United States, shall appoint a Director of 
        the Goals Panel to be paid at a rate not to exceed the rate of 
        basic pay payable for level V of the Executive Schedule.
            ``(2) Appointment and pay of employees.--
                    ``(A) Appointment.--
                            ``(i) In general.--The Director may appoint 
                        not more than 4 additional employees to serve 
                        as staff to the Goals Panel without regard to 
                        the provisions of title 5, United States Code, 
                        governing appointments in the competitive 
                        service.
                            ``(ii) Pay.--The employees appointed under 
                        subparagraph (A) may be paid without regard to 
                        the provisions of chapter 51 and subchapter III 
                        of chapter 53 of that title relating to 
                        classification and General Schedule pay rates, 
                        but shall not be paid a rate that exceeds the 
                        maximum rate of basic pay payable for GS-15 of 
                        the General Schedule.
                    ``(B) Additional employees.--The Director may 
                appoint additional employees to serve as staff to the 
                Goals Panel in accordance with title 5, United States 
                Code.
            ``(3) Experts and consultants.--The Goals Panel may procure 
        temporary and intermittent services of experts and consultants 
        under section 3109(b) of title 5, United States Code.
            ``(4) Staff of federal agencies.--Upon the request of the 
        Goals Panel, the head of any department or agency of the United 
        States may detail any of the personnel of such agency to the 
        Goals Panel to assist the Goals Panel in the Goals Panel's 
        duties under this section.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this part $2,500,000 for fiscal year 2001 and 
such sums as may be necessary for each of the 4 succeeding fiscal 
years.''.
    (b) Transition Rule.--Each individual who is a member or employee 
of the National Education Goals Panel on the date of enactment of the 
Elementary and Secondary Education Amendments of 1999 shall be a member 
or employee, respectively, of the America's Education Goals Panel, 
without interruption or loss of service or status.

SEC. 10005. COMPREHENSIVE REGIONAL ASSISTANCE CENTERS.

    Part E of title X (20 U.S.C. 8131 et seq.) is amended to read as 
follows:

          ``PART E--COMPREHENSIVE REGIONAL ASSISTANCE CENTERS

``SEC. 10501. PROGRAM AUTHORIZED.

    ``(a) Comprehensive Regional Assistance Centers.--
            ``(1) In general.--The Secretary is authorized to award 
        grants to, or enter into contracts or cooperative agreements 
        with, public or private nonprofit entities or consortia of such 
        entities in order to establish a networked system of 15 
        comprehensive regional assistance centers to provide 
        comprehensive training and technical assistance, related to 
        administration and implementation of programs under this Act, 
        to States, local educational agencies, schools, tribes, 
        community-based organizations, and other recipients of funds 
        under this Act.
            ``(2) Consideration.--In establishing comprehensive 
        regional assistance centers and allocating resources among the 
        centers, the Secretary shall consider--
                    ``(A) the geographic distribution of students 
                assisted under title I;
                    ``(B) the geographic and linguistic distribution of 
                students of limited-English proficiency;
                    ``(C) the geographic distribution of Indian 
                students;
                    ``(D) the special needs of students living in urban 
                and rural areas; and
                    ``(E) the special needs of States and outlying 
                areas in geographic isolation.
            ``(3) Special rule.--The Secretary shall establish 1 
        comprehensive regional assistance center under this section in 
        Hawaii.
    ``(b) Service to Indians and Alaska Natives.--The Secretary shall 
ensure that each comprehensive regional assistance center that serves a 
region with a significant population of Indian or Alaska Native 
students shall--
            ``(1) be awarded to a consortium which includes a tribally 
        controlled community college or other Indian organization; and
            ``(2) assist in the development and implementation of 
        instructional strategies, methods and materials which address 
        the specific cultural and other needs of Indian or Alaska 
        Native students.
    ``(c) Accountability.--To ensure the quality and effectiveness of 
the networked system of comprehensive regional assistance centers 
supported under this part, the Secretary shall--
            ``(1) develop, in consultation with the Assistant Secretary 
        for Elementary and Secondary Education, the Director of 
        Bilingual Education and Minority Languages Affairs, and the 
        Assistant Secretary for Educational Research and Improvement, a 
        set of performance indicators that assesses whether the work of 
        the centers assists in improving teaching and learning under 
        this Act for all children, particularly children at risk of 
        educational failure;
            ``(2) conduct surveys every two years of populations to be 
        served under this Act to determine if such populations are 
        satisfied with the access to and quality of such services;
            ``(3) collect, as part of the Department's reviews of 
        programs under this Act, information about the availability and 
        quality of services provided by the centers, and share that 
        information with the centers; and
            ``(4) take whatever steps are reasonable and necessary to 
        ensure that each center performs its responsibilities in a 
        satisfactory manner, which may include--
                    ``(A) termination of an award under this part (if 
                the Secretary concludes that performance has been 
                unsatisfactory) and the selection of a new center; and
                    ``(B) whatever interim arrangements the Secretary 
                determines are necessary to ensure the satisfactory 
                delivery of services under this part to an affected 
                region.
    ``(d) Duration.--Grants, contracts or cooperative agreements under 
this section shall be awarded for a period of 5 years.

``SEC. 10502. REQUIREMENTS OF COMPREHENSIVE REGIONAL ASSISTANCE 
              CENTERS.

    ``(a) In General.--Each comprehensive regional assistance center 
established under section 10501(a) shall--
            ``(1) maintain appropriate staff expertise and provide 
        support, training, and assistance to State educational 
        agencies, tribal divisions of education, local educational 
        agencies, schools, and other grant recipients under this Act, 
        in--
                    ``(A) improving the quality of instruction, 
                curricula, assessments, and other aspects of school 
                reform, supported with funds under title I;
                    ``(B) implementing effective schoolwide programs 
                under section 1114;
                    ``(C) meeting the needs of children served under 
                this Act, including children in high-poverty areas, 
                migratory children, immigrant children, children with 
                limited-English proficiency, neglected or delinquent 
                children, homeless children and youth, Indian children, 
                children with disabilities, and, where applicable, 
                Alaska Native children and Native Hawaiian children;
                    ``(D) implementing high-quality professional 
                development activities for teachers, and where 
                appropriate, administrators, pupil services personnel 
                and other staff;
                    ``(E) improving the quality of bilingual education, 
                including programs that emphasize English and native 
                language proficiency and promote multicultural 
                understanding;
                    ``(F) creating safe and drug-free environments, 
                especially in areas experiencing high levels of drug 
                use and violence in the community and school;
                    ``(G) implementing educational applications of 
                technology;
                    ``(H) coordinating services and programs to meet 
                the needs of students so that students can fully 
                participate in the educational program of the school;
                    ``(I) expanding the involvement and participation 
                of parents in the education of their children;
                    ``(J) reforming schools, school systems, and the 
                governance and management of schools;
                    ``(K) evaluating programs; and
                    ``(L) meeting the special needs of students living 
                in urban and rural areas and the special needs of local 
                educational agencies serving urban and rural areas;
            ``(2) ensure that technical assistance staff have 
        sufficient training, knowledge, and expertise in how to 
        integrate and coordinate programs under this Act with each 
        other, as well as with other Federal, State, and local programs 
        and reforms;
            ``(3) provide technical assistance using the highest 
        quality and most cost-effective strategies possible;
            ``(4) coordinate services, work cooperatively, and 
        regularly share information with, the regional educational 
        laboratories, research and development centers, State literacy 
        centers authorized under the National Literacy Act of 1991, and 
        other entities engaged in research, development, dissemination, 
        and technical assistance activities which are supported by the 
        Department as part of a Federal technical assistance system, to 
        provide a broad range of support services to schools in the 
        region while minimizing the duplication of such services;
            ``(5) work collaboratively with the Department's regional 
        offices;
            ``(6) consult with representatives of State educational 
        agencies, local educational agencies, and populations served 
        under this Act;
            ``(7) provide services to States, local educational 
        agencies, tribes, and schools in order to better implement the 
        purposes of this part; and
            ``(8) provide professional development services to State 
        educational agencies and local educational agencies to increase 
        the capacity of such entities to provide high-quality technical 
        assistance in support of programs under this Act.
    ``(b) Priority.--Each comprehensive regional assistance center 
assisted under this part shall give priority to servicing--
            ``(1) schoolwide programs under section 1114; and
            ``(2) local educational agencies and Bureau-funded schools 
        with the highest percentages or numbers of children in poverty.

``SEC. 10503. MAINTENANCE OF SERVICE AND APPLICATION REQUIREMENTS.

    ``(a) Maintenance of Service.--The Secretary shall ensure that the 
comprehensive regional assistance centers funded under this part 
provide technical assistance services that address the needs of 
educationally disadvantaged students, including students in urban and 
rural areas, and bilingual, migrant, immigrant, and Indian students, 
that are at least comparable to the level of such technical assistance 
services provided under programs administered by the Secretary on the 
day preceding the date of enactment of the Improving America's Schools 
Act of 1994.
    ``(b) Application Requirements.--Each entity or consortium desiring 
assistance under this part shall submit an application to the Secretary 
at such time, in such manner and accompanied by such information, as 
the Secretary may require. Each such application shall--
            ``(1) demonstrate how the comprehensive regional assistance 
        center will provide expertise and services in the areas 
        described in section 10502;
            ``(2) demonstrate how such centers will work to conduct 
        outreach to local educational agencies receiving priority under 
        section 10502;
            ``(3) demonstrate support from States, local educational 
        agencies and tribes in the area to be served;
            ``(4) demonstrate how such centers will ensure a fair 
        distribution of services to urban and rural areas; and
            ``(5) provide such other information as the Secretary may 
        require.

``SEC. 10504. TRANSITION.

    ``(a) Extension of Previous Centers.--The Secretary shall, 
notwithstanding any other provision of law, use funds appropriated 
under section 10505 to extend or continue contracts and grants for 
existing comprehensive regional assistance centers assisted under this 
Act (as such Act was in effect on the day preceding the date of 
enactment of the Educational Opportunities Act), and take other 
necessary steps to ensure a smooth transition of services provided 
under this part and that such services will not be interrupted, 
curtailed, or substantially diminished.
    ``(b) Staff Expertise.--In planning for the competition for the new 
comprehensive regional assistance centers under this part, the 
Secretary may draw on the expertise of staff from existing 
comprehensive regional assistance centers assisted under this Act prior 
to the date of enactment of the Educational Opportunities Act.

``SEC. 10505. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this part, there are authorized 
to be appropriated $70,000,000 for fiscal year 2001 and such sums as 
may be necessary for each of the four succeeding fiscal years.''.

SEC. 10006. REPEALS.

    Parts F through K of title X, and titles XI, XII, XIII, and XIV (20 
U.S.C. 8141 et seq., 8331 et seq., 8401 et seq., 8501 et seq., 8601 et 
seq., 8801 et seq.) are repealed.

SEC. 10007. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Legislative Branch Appropriations Act, 1997.--Section 5(d)(1) 
of the Legislative Branch Appropriations Act, 1997 (2 U.S.C. 117b-
2(d)(1)) is amended--
            (1) by striking ``14101'' and inserting ``3''; and
            (2) by striking ``(20 U.S.C. 8801)''.
    (b) Legislative Branch Appropriations Act, 1987.--Section 
104(3)(B)(ii) of the Legislative Branch Appropriations Act, 1987 (as 
incorporated by reference in section 101(j) of Public Law 99-500 and 
Public Law 99-591) (2 U.S.C. 117e(3)(B)(ii)) is amended by striking 
``14101'' and inserting ``3''.
    (c) National Agricultural Research, Extension, and Teaching Policy 
Act of 1977.--Section 1417(j)(1)(B) of the National Agricultural 
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 
3152(j)(1)(B)) is amended--
            (1) by striking ``14101(25)'' and inserting ``3''; and
            (2) by striking ``(20 U.S.C. 8801(25))''.
    (d) Refugee Education Assistance Act of 1980.--Section 101(1) of 
the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note) is 
amended by striking ``14101'' and inserting ``3''.
    (e) Title 10, United States Code.--Section 2194(e) of title 10, 
United States Code, is amended--
            (1) by striking ``14101'' and inserting ``3''; and
            (2) by striking ``(20 U.S.C. 8801)''.
    (f) Toxic Substances Control Act.--
            (1) Asbestos.--Paragraphs (7), (9) and (12) of section 202 
        of the Toxic Substances Control Act (15 U.S.C. 2642) are 
        amended by striking ``14101'' and inserting ``3''.
            (2) Radon.--Section 302(1)(A) of the Toxic Substances 
        Control Act (15 U.S.C. 2662(1)(A)) is amended by striking 
        ``14101'' and inserting ``3''.
    (g) Higher Education Act of 1965.--Paragraphs (4), (5), (6), (10), 
and (14) of section 103 of the Higher Education Act of 1965 (20 U.S.C. 
1003) are amended by striking ``14101'' and inserting ``3''.
    (h) General Education Provisions Act.--Section 425(6) of the 
General Education Provisions Act (20 U.S.C. 1226c(6)) is amended by 
striking ``14701'' and inserting ``10201''.
    (i) Individuals with Disabilities Education Act.--Section 613(f) of 
the Individuals with Disabilities Education Act (20 U.S.C. 1413(f)) is 
amended by striking paragraph (3).
    (j) Education Amendments of 1972.--Section 908(2)(B) of the 
Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is amended by 
striking ``14101'' and inserting ``3''.
    (k) Carl D. Perkins Vocational and Technical Education Act of 
1998.--Section 3 of the Carl D. Perkins Vocational and Technical 
Education Act of 1998 (20 U.S.C. 2302) is amended--
            (1) in paragraph (5)--
                    (A) by striking ``10306'' and inserting ``5410''; 
                and
                    (B) by striking ``(20 U.S.C. 8066)''; and
            (2) in paragraphs (8), (16), and (21)--
                    (A) by striking ``14101'' and inserting ``3''; and
                    (B) by striking ``(20 U.S.C. 8801)''.
    (l) Education for Economic Security Act.--
            (1) Economic security.--Section 3(3) of the Education for 
        Economic Security Act (20 U.S.C. 3902) is amended--
                    (A) in paragraph (3)--
                            (i) by striking ``198(a)(7)'' and inserting 
                        ``3''; and
                    (B) in paragraph (7)--
                            (i) by striking ``198(a)(10)'' and 
                        inserting ``3''; and
                    (C) in paragraph (12)--
                            (i) by striking ``198(a)(17)'' and 
                        inserting ``3''.
            (2) Asbestos.--Section 511 of the Education for Economic 
        Security Act (20 U.S.C. 4020) is amended--
                    (A) in paragraph (4)(A), by striking ``198(a)(10)'' 
                and inserting ``3''; and
                    (B) in paragraph (5)(A), by striking ``198(a)(7)'' 
                and inserting ``3''.
    (m) James Madison Memorial Fellowship Act.--Section 815(4) of the 
James Madison Memorial Fellowship Act (20 U.S.C. 4514(4)) is amended by 
striking ``14101'' and inserting ``3''.
    (n) National Environmental Education Act.--Section 3(5) of the 
National Environmental Education Act (20 U.S.C. 5502(5)) is amended--
            (1) by striking ``14101'' and inserting ``3''; and
            (2) by striking ``(20 U.S.C. 3381)''.
    (o) Education Flexibility Partnership Act of 1999.--Section 3(1) of 
the Education Flexibility Partnership Act of 1999 (20 U.S.C. 5891a(1)) 
is amended by striking ``14101'' and inserting ``3''.
    (p) District of Columbia College Access Act of 1999.--Section 
3(c)(5) of the District of Columbia College Access Act of 1999 (Public 
Law 106-98; 113 Stat. 1323) is amended--
            (1) by striking ``14101'' and inserting ``3''; and
            (2) by striking ``(20 U.S.C. 8801)''.
    (q) School-to-Work Opportunities Act of 1994.--
            (1) Waivers.--Section 502(b) of the School-to-Work 
        Opportunities Act of 1994 (20 U.S.C. 6212(b)) is amended--
                    (A) in paragraph (4), by striking the semicolon and 
                inserting ``; and'';
                    (B) by striking paragraph (5); and
                    (C) by redesignating paragraph (6) as paragraph 
                (5).
            (2) Combination of funds.--Section 504(a)(2)(B)(i) of the 
        School-to-Work Opportunities Act of 1994 (20 U.S.C. 
        6214(a)(2)(B)(i)) is amended by striking ``paragraphs (2) 
        through (6)'' and inserting ``paragraphs (2) through (5)''.
    (r) National Education Statistics Act of 1994.--Paragraphs (4) and 
(6) of section 402(c) of the National Education Statistics Act of 1994 
(20 U.S.C. 9001(c)) are amended by striking ``14101'' and inserting 
``3''.
    (s) Adult Education and Family Literacy Act.--Section 203(13) of 
the Adult Education and Family Literacy Act (20 U.S.C. 9202(13)) is 
amended--
            (1) by striking ``14101'' and inserting ``3''; and
            (2) by striking ``(20 U.S.C. 8801)''.
    (t) Internal Revenue Code of 1986.--Section 1397E(d)(4)(B) of the 
Internal Revenue Code of 1986 is amended by striking ``14101'' and 
inserting ``3''.
    (u) Rehabilitation Act of 1973.--
            (1) Research.--Section 202(b)(4)(A)(i) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 762(b)(4)(A)(i)) is 
        amended by striking ``14101'' and inserting ``3''.
            (2) Nondiscrimination.--Section 504(b)(2)(B) of the 
        Rehabilitation Act of 1973 (29 U.S.C. 794(b)(2)(B)) is amended 
        by striking ``14101'' and inserting ``3''.
    (v) Family and Medical Leave Act of 1993.--Section 108(a)(1)(A) of 
the Family and Medical Leave Act of 1993 (29 U.S.C. 2618(a)(1)(A)) is 
amended--
            (1) by striking ``14101'' and inserting ``3''; and
            (2) by striking ``(20 U.S.C. 2891(12))''.
    (w) Workforce Investment Act of 1998.--Paragraphs (23) and (40) of 
section 101 of the Workforce Investment Act of 1998 (29 U.S.C. 2801) 
are amended--
            (1) by striking ``14101'' and inserting ``3''; and
            (2) by striking ``(20 U.S.C. 8801)''.
    (x) Safe Drinking Water Act.--Paragraphs (3)(A) and (6) of section 
1461 of the Safe Drinking Water Act (42 U.S.C. 300j-21) are amended by 
striking ``14101'' and inserting ``3''.
    (y) Civil Rights Act of 1964.--Section 606(2)(B) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d-4a(2)(B)) is amended by striking 
``14101'' and inserting ``3''.
    (z) Older Americans Act of 1965.--
            (1) Application.--Section 338A(a)(1) of the Older Americans 
        Act of 1965 (42 U.S.C. 3030g-12(a)(1)) is amended by striking 
        ``14101'' and inserting ``3''.
            (2) Definition.--Section 363(5)(B) of the Older Americans 
        Act of 1965 (42 U.S.C. 3030o(5)(B)) is amended by striking 
        ``14101'' and inserting ``3''.
    (aa) Age Discrimination Act of 1975.--Section 309(4)(B)(ii) of the 
Age Discrimination Act of 1975 (42 U.S.C. 6107(4)(B)(ii)) is amended by 
striking ``14101'' and inserting ``3''.
    (bb) Hazardous and Solid Waste Amendments of 1989.--Section 
221(f)(3)(B)(i) of The Hazardous and Solid Waste Amendments of 1984 (42 
U.S.C. 6921 note) is amended by striking ``198(a)(7)'' and inserting 
``3''.
    (cc) Albert Einstein Distinguished Educator Fellowship Act of 
1994.--Paragraphs (1), (2), and (3) of section 514 of the Albert 
Einstein Distinguished Educator Fellowship Act of 1994 (42 U.S.C. 
7382b) are amended by striking ``14101'' and inserting ``3''.
    (dd) Earthquake Hazards.--Section 2(c)(1)(A) of the Act entitled 
``An Act to authorize appropriations for carrying out the Earthquake 
Hazards Reduction Act of 1977 for fiscal years 1998 and 1999, and for 
other purposes'', approved October 1, 1997 (42 U.S.C. 7704 note) is 
amended--
            (1) by striking ``14101'' and inserting ``3''; and
            (2) by striking ``(20 U.S.C. 8801)''.
    (ee) State Dependent Care Development Grants Act.--Paragraphs (6) 
and (11) of section 670G of the State Dependent Care Development Grants 
Act (42 U.S.C. 9877) are amended by striking ``14101'' and inserting 
``3''.
    (ff) Community Services Block Grant Act.--Section 682(b)(4) of the 
Community Services Block Grant Act (42 U.S.C. 9923(b)(4)) is amended--
            (1) by striking ``14101'' and inserting ``3''; and
            (2) by striking ``(20 U.S.C. 8801)''.
    (gg) National and Community Service Act of 1990.--Paragraphs (8), 
(14), (22), and (28) of section 101 of the National and Community 
Service Act of 1990 (42 U.S.C. 12511) are amended by striking ``14101'' 
and inserting ``3''.
    (hh) Telecommunications Act of 1996.--Section 706(c)(2) of the 
Telecommunications Act of 1996 (47 U.S.C. 157 note) is amended--
            (1) by striking ``paragraphs (14) and (25), respectively, 
        of section 14101'' and inserting ``section 3''; and
            (2) by striking ``(20 U.S.C. 8801)''.
    (ii) Communications Act of 1934.--Section 254(h)(5)(A) of the 
Communications Act of 1934 (47 U.S.C. 254(h)(5)(A)) is amended--
            (1) by striking ``paragraphs (14) and (25), respectively, 
        of section 14101'' and inserting ``section 3''; and
            (2) by striking ``(20 U.S.C. 8801)''.
    (jj) Transportation Equity Act for the 21st Century.--Section 4024 
of the Transportation Equity Act for the 21st Century (49 U.S.C. 31136 
note) is amended by striking ``14101'' and inserting ``3''.

                   TITLE XI--AMENDMENTS TO OTHER LAWS

                            PART A--REPEALS

SEC. 11101. GOALS 2000: EDUCATE AMERICA ACT.

    The Goals 2000: Educate America Act (20 U.S.C. 5801 et seq.) is 
repealed.

SEC. 11102. HIGHER EDUCATION AMENDMENTS OF 1998.

    Part B of title VIII of the Higher Education Amendments of 1998 (20 
U.S.C. 1070a-ll note) is repealed.

SEC. 11103. CONFORMING AMENDMENTS.

    (a) School-to-Work Opportunities Act of 1994.--
            (1) Section 3(a) of the School-to-Work Opportunities Act of 
        1994 (20 U.S.C. 6102(a)) is amended--
                    (A) in paragraph (1)(B), by striking ``the Goals 
                2000: Educate America Act and''; and
                    (B) in paragraph (14), by striking ``the National 
                Education Goals set forth in title I of the Goals 2000: 
                Educate America Act'' and inserting ``America's 
                Education Goals''.
            (2) Section 4(3) of the School-to-Work Opportunities Act of 
        1994 (20 U.S.C. 6103(3)) is amended--
                    (A) by inserting ``and'' after ``section 213,''; 
                and
                    (B) by striking ``, and is consistent with the 
                State improvement plan for the State, if any, under the 
                Goals 2000: Educate America Act''.
            (3) Section 102(3) of the School-to-Work Opportunities Act 
        of 1994 (20 U.S.C. 6112(3)) is amended by striking ``including, 
        where applicable, standards established under the Goals 2000: 
        Educate America Act,''.
            (4) Section 203 of the School-to-Work Opportunities Act of 
        1994 (20 U.S.C. 6123) is amended by striking subsection (c).
            (5) Section 204 of the School-to-Work Opportunities Act of 
        1994 (20 U.S.C. 6124) is repealed.
            (6) Section 213 of the School-to-Work Opportunities Act of 
        1994 (20 U.S.C. 6143) is amended--
                    (A) by striking subsection (c); and
                    (B) in subsection (d)--
                            (i) in paragraph (6)--
                                    (I) by striking subparagraph (F); 
                                and
                                    (II) by redesignating subparagraphs 
                                (G) through (L) as subparagraphs (F) 
                                through (K), respectively; and
                            (ii) in paragraph (8), by striking 
                        ``academic and skill standards established 
                        pursuant to the Goals 2000: Educate America Act 
                        and the National Skill Standards Act of 1994'' 
                        and inserting ``standards established pursuant 
                        to the National Skill Standards Act of 1994''.
            (7) Section 214(b)(3) of the School-to-Work Opportunities 
        Act of 1994 (20 U.S.C. 6144(b)(3)) is amended--
                    (A) in subparagraph (B), by inserting ``and'' after 
                the semicolon;
                    (B) in subparagraph (C), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking subparagraph (D).
    (b) Education Amendments of 1978.--Section 1121 of the Education 
Amendments of 1978 (25 U.S.C. 2001) is amended--
            (1) in subsection (a)--
                    (A) in the first sentence, by striking ``the 
                National Education Goals embodied in the Goals 2000: 
                Educate America Act'' and inserting ``America's 
                Education Goals''; and
                    (B) by striking the second sentence; and
            (2) in subsection (b), by striking ``the Goals 2000: 
        Educate America Act'' and inserting ``the Goals 2000: Educate 
        America Act (as in effect on the date of enactment of the 
        Educational Opportunities Act)''.

           PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH

SEC. 11201. STATEMENT OF POLICY.

    Section 721(3) of the Stewart B. McKinney Homeless Assistance Act 
(42 U.S.C. 11431(3)) is amended by striking ``should not be'' and 
inserting ``is not''.

SEC. 11202. GRANTS FOR STATE AND LOCAL ACTIVITIES.

    Section 722 of such Act (42 U.S.C. 11432) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (2)(A)--
                            (i) by inserting ``and'' after ``Samoa,''; 
                        and
                            (ii) by striking ``, and Palau'' and all 
                        that follows through ``Palau)''; and
                    (B) in paragraph (3)--
                            (i) by inserting ``or'' after ``Samoa,''; 
                        and
                            (ii) by striking ``, or Palau'';
            (2) in subsection (e), by adding at the end the following:
            ``(3) Prohibition on segregating homeless students.--In 
        providing a free public education to a homeless child or youth, 
        no State receiving funds under this subtitle shall segregate 
        such child or youth, either in a separate school, or in a 
        separate program within a school, based on such child or 
        youth's status as homeless, except as provided in section 
        723(a)(2)(B)(ii).'';
            (3) by amending subsection (f) to read as follows:
    ``(f) Functions of the Office of Coordinator.--The Coordinator of 
Education of Homeless Children and Youth established in each State 
shall--
            ``(1) gather reliable, valid, and comprehensive information 
        on the nature and extent of the problems homeless children and 
        youth have in gaining access to public preschool programs and 
        to public elementary schools and secondary schools, the 
        difficulties in identifying the special needs of such children 
        and youth, any progress made by the State educational agency 
        and local educational agencies in the State in addressing such 
        problems and difficulties, and the success of the program under 
        this subtitle in allowing homeless children and youth to enroll 
        in, attend, and succeed in, school;
            ``(2) develop and carry out the State plan described in 
        subsection (g);
            ``(3) collect and transmit to the Secretary, at such time 
        and in such manner as the Secretary may require, such 
        information as the Secretary deems necessary to assess the 
        educational needs of homeless children and youth within the 
        State;
            ``(4) facilitate coordination between the State educational 
        agency, the State social services agency, and other agencies 
        providing services to homeless children and youth, including 
        homeless children and youth who are preschool age, and families 
        of such children and youth; and
            ``(5) in order to improve the provision of comprehensive 
        education and related services to homeless children and youth 
        and their families, coordinate and collaborate with--
                    ``(A) educators, including child development and 
                preschool program personnel;
                    ``(B) providers of services to homeless and runaway 
                children and youth and homeless families (including 
                domestic violence agencies, shelter operators, 
                transitional housing facilities, runaway and homeless 
                youth centers, and transitional living programs for 
                homeless youth);
                    ``(C) local educational agency liaisons for 
                homeless children and youth; and
                    ``(D) community organizations and groups 
                representing homeless children and youth and their 
                families.''; and
            (4) in subsection (g)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E)--
                                    (I) by striking ``the report'' and 
                                inserting ``the information''; and
                                    (II) by striking ``(f)(4)'' and 
                                inserting ``(f)(3)''; and
                            (ii) by amending subparagraph (H) to read 
                        as follows:
                    ``(H) contain assurances that--
                            ``(i) the State educational agency and 
                        local educational agencies in the State will 
                        adopt policies and practices to ensure that 
                        homeless children and youth are not segregated 
                        on the basis of their status as homeless or 
                        stigmatized; and
                            ``(ii) local educational agencies serving 
                        school districts in which homeless children and 
                        youth reside or attend school will--
                                    ``(I) post public notice of the 
                                educational rights of such children and 
                                youth where such children and youth 
                                receive services under this Act (such 
                                as family shelters and soup kitchens); 
                                and
                                    ``(II) designate an appropriate 
                                staff person, who may also be a 
                                coordinator for other Federal programs, 
                                as a liaison for homeless children and 
                                youth.'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Local educational agency requirements.--
                    ``(A) In general.--Each local educational agency 
                serving a homeless child or youth assisted under this 
                subtitle shall, according to the child's or youth's 
                best interest--
                            ``(i) continue the child's or youth's 
                        education in the school of origin--
                                    ``(I) for the duration of their 
                                homelessness;
                                    ``(II) if the child becomes 
                                permanently housed, for the remainder 
                                of the academic year; or
                                    ``(III) in any case in which a 
                                family becomes homeless between 
                                academic years, for the following 
                                academic year; or
                            ``(ii) enroll the child or youth in any 
                        school that nonhomeless students who live in 
                        the attendance area in which the child or youth 
                        is actually living are eligible to attend.
                    ``(B) Best interest.--In determining the best 
                interest of the child or youth under subparagraph (A), 
                the local educational agency shall--
                            ``(i) to the extent feasible, keep a 
                        homeless child or youth in the school of 
                        origin, except when doing so is contrary to the 
                        wishes of the child's or youth's parent or 
                        guardian; and
                            ``(ii) provide a written explanation to the 
                        homeless child's or youth's parent or guardian 
                        when the local educational agency sends such 
                        child or youth to a school other than the 
                        school of origin or a school requested by the 
                        parent or guardian.
                    ``(C) Enrollment.--
                            ``(i) In general.--The school selected in 
                        accordance with this paragraph shall 
                        immediately enroll the homeless child or youth 
                        even if the child or youth is unable to produce 
                        records normally required for enrollment, such 
                        as previous academic records, medical records, 
                        proof of residency, or other documentation.
                            ``(ii) Special rule.--The enrolling school 
                        immediately shall contact the school last 
                        attended by the child or youth to obtain 
                        relevant academic and other records. If the 
                        child or youth needs to obtain immunizations, 
                        the enrolling school shall promptly refer the 
                        child or youth to the appropriate authorities 
                        for such immunizations.
                    ``(D) Definition of school of origin.--For purposes 
                of this paragraph, the term `school of origin' means 
                the school that the child or youth attended when 
                permanently housed, or the school in which the child or 
                youth was last enrolled.
                    ``(E) Placement choice.--The choice regarding 
                placement shall be made regardless of whether the child 
                or youth lives with the homeless parents or has been 
                temporarily placed elsewhere by the parents.'';
                    (C) by amending paragraph (6) to read as follows:
            ``(6) Coordination.--
                    ``(A) In general.--Each local educational agency 
                serving homeless children and youth that receives 
                assistance under this subtitle shall coordinate the 
                provision of services under this subtitle with local 
                services agencies and other agencies or programs 
                providing services to homeless children and youth and 
                their families, including services and programs funded 
                under the Runaway and Homeless Youth Act (42 U.S.C. 
                5701 et seq.).
                    ``(B) Housing assistance.--If applicable, each 
                State and local educational agency that receives 
                assistance under this subtitle shall coordinate with 
                State and local housing agencies responsible for 
                developing the comprehensive housing affordability 
                strategy described in section 105 of the Cranston-
                Gonzales National Affordable Housing Act (42 U.S.C. 
                12705) to minimize educational disruption for children 
                and youth who become homeless.
                    ``(C) Coordination purpose.--The coordination 
                required under subparagraphs (A) and (B) shall be 
                designed to--
                            ``(i) ensure that homeless children and 
                        youth have access to available education and 
                        related support services; and
                            ``(ii) raise the awareness of school 
                        personnel and service providers of the effects 
                        of short-term stays in shelters and other 
                        challenges associated with homeless children 
                        and youth.'';
                    (D) by amending paragraph (7) to read as follows:
            ``(7) Liaison.--
                    ``(A) In general.--Each local liaison for homeless 
                children and youth designated pursuant to paragraph 
                (1)(H)(ii)(II) shall ensure that--
                            ``(i) homeless children and youth enroll, 
                        and have a full and equal opportunity to 
                        succeed, in the schools of the local 
                        educational agency;
                            ``(ii) homeless families, children, and 
                        youth receive educational services for which 
                        such families, children, and youth are 
                        eligible, including Head Start and Even Start 
                        programs and preschool programs administered by 
                        the local educational agency, and referrals to 
                        health care services, dental services, mental 
                        health services, and other appropriate 
                        services;
                            ``(iii) the parents or guardians of 
                        homeless children and youth are informed of the 
                        education and related opportunities available 
                        to their children and are provided with 
                        meaningful opportunities to participate in the 
                        education of their children; and
                            ``(iv) public notice of the educational 
                        rights of homeless children and youth is posted 
                        where such children and youth receive services 
                        under this Act (such as family shelters and 
                        soup kitchens).
                    ``(B) Information.--State coordinators in States 
                receiving assistance under this subtitle and local 
                educational agencies receiving assistance under this 
                subtitle shall inform school personnel, service 
                providers, and advocates working with homeless families 
                of the duties of the liaisons for homeless children and 
                youth.
                    ``(C) Local and state coordination.--Liaisons for 
                homeless children and youth shall, as a part of their 
                duties, coordinate and collaborate with State 
                coordinators and community and school personnel 
                responsible for the provision of education and related 
                services to homeless children and youth.
                    ``(D) Dispute resolution.--Unless another 
                individual is designated by State law, the local 
                liaison for homeless children and youth shall provide 
                resource information and assist in resolving a dispute 
                under this subtitle if such a dispute arises.''; and
                    (E) by striking paragraph (9).

SEC. 11203. LOCAL EDUCATIONAL AGENCY GRANTS.

    Section 723 of such Act (42 U.S.C. 11433) is amended--
            (1) in subsection (a), by amending paragraph (2) to read as 
        follows:
            ``(2) Services.--
                    ``(A) In general.--Services provided under 
                paragraph (1)--
                            ``(i) may be provided through programs on 
                        school grounds or at other facilities;
                            ``(ii) shall, to the maximum extent 
                        practicable, be provided through existing 
                        programs and mechanisms that integrate homeless 
                        individuals with nonhomeless individuals; and
                            ``(iii) shall be designed to expand or 
                        improve services provided as part of a school's 
                        regular academic program, but not replace that 
                        program.
                    ``(B) Services on school grounds.--If services 
                under paragraph (1) are provided on school grounds, 
                schools--
                            ``(i) may use funds under this subtitle to 
                        provide the same services to other children and 
                        youth who are determined by the local 
                        educational agency to be at risk of failing in, 
                        or dropping out of, schools, subject to clause 
                        (ii); and
                            ``(ii) shall not provide services in 
                        settings within a school that segregates 
                        homeless children and youth from other children 
                        and youth, except as is necessary for short 
                        periods of time--
                                    ``(I) for health and safety 
                                emergencies; or
                                    ``(II) to provide temporary, 
                                special, supplementary services to meet 
                                the unique needs of homeless children 
                                and youth.'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (1) through (4) as 
                paragraphs (2) through (5), respectively;
                    (B) by inserting before paragraph (2) (as so 
                redesignated) the following:
            ``(1) an assessment of the educational and related needs of 
        homeless children and youth in the school district (which may 
        be undertaken as a part of needs assessments for other 
        disadvantaged groups);''; and
                    (C) in paragraph (4) (as so redesignated), by 
                striking ``(9)'' and inserting ``(8)''; and
            (3) in subsection (c)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--The State educational agency, in 
        accordance with the requirements of this subtitle and from 
        amounts made available to the State educational agency under 
        section 726, shall award grants, on a competitive basis, to 
        local educational agencies that submit applications under 
        subsection (b). Such grants shall be awarded on the basis of 
        the need of such agencies for assistance under this subtitle 
        and the quality of the applications submitted.'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by inserting after paragraph (2) the following:
            ``(3) Quality.--In determining the quality of applications 
        under paragraph (1), the State educational agency shall 
        consider--
                    ``(A) the local educational agency's needs 
                assessment under subsection (b)(1) and the likelihood 
                that the program to be assisted will meet the needs;
                    ``(B) the types, intensity, and coordination of 
                services to be assisted under the program;
                    ``(C) the involvement of parents or guardians;
                    ``(D) the extent to which homeless children and 
                youth will be integrated within the regular education 
                program;
                    ``(E) the quality of the local educational agency's 
                evaluation plan for the program;
                    ``(F) the extent to which services provided under 
                this subtitle will be coordinated with other available 
                services;
                    ``(G) the extent to which the local educational 
                agency provides case management or related services to 
                homeless children and youth who are unaccompanied by a 
                parent or guardian; and
                    ``(H) such other measures as the State educational 
                agency determines indicative of a high-quality 
                program.''.

SEC. 11204. SECRETARIAL RESPONSIBILITIES.

    Section 724 (42 U.S.C. 11434) is amended--
            (1) in subsection (a), by striking ``the State 
        educational'' and inserting ``State educational'';
            (2) by striking subsection (f);
            (3) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
            (4) by inserting after subsection (b) the following:
    ``(c) Guidelines.--The Secretary shall develop, issue, and publish 
in the Federal Register, not later than 60 days after the date of 
enactment of the Educational Opportunities Act, school enrollment 
guidelines for States with respect to homeless children and youth. The 
guidelines shall describe--
            ``(1) successful ways in which a State may assist local 
        educational agencies to enroll immediately homeless children 
        and youth in school; and
            ``(2) how a State can review the State's requirements 
        regarding immunization and medical or school records and make 
        revisions to the requirements as are appropriate and necessary 
        in order to enroll homeless children and youth in school more 
        quickly.''; and
            (5) by adding at the end the following:
    ``(g) Information.--
            ``(1) In general.--From funds appropriated under section 
        726, the Secretary, directly or through grants, contracts, or 
        cooperative agreements, shall periodically collect and 
        disseminate data and information regarding--
                    ``(A) the number and location of homeless children 
                and youth;
                    ``(B) the education and related services homeless 
                children and youth receive;
                    ``(C) the extent to which the needs of homeless 
                children and youth are met; and
                    ``(D) such other data and information as the 
                Secretary determines necessary and relevant to carry 
                out this subtitle.
            ``(2) Coordination.--The Secretary shall coordinate such 
        collection and dissemination with other agencies and entities 
        that receive assistance and administer programs under this 
        subtitle.
    ``(h) Report.--Not later than 4 years after the date of enactment 
of the Educational Opportunities Act, the Secretary shall prepare and 
submit to the President and the appropriate committees of the House of 
Representatives and the Senate a report on the status of the education 
of homeless children and youth, which shall include information 
regarding--
            ``(1) the education of homeless children and youth; and
            ``(2) the actions of the Department of Education and the 
        effectiveness of the programs supported under this subtitle.''.

SEC. 11205. DEFINITIONS.

    Section 725 of such Act (42 U.S.C. 11434a) is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively; and
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) the terms `local educational agency' and `State 
        educational agency' have the meanings given the terms in 
        section 2 of the Elementary and Secondary Education Act of 
        1965;''.

SEC. 11206. AUTHORIZATION OF APPROPRIATIONS.

    Section 726 (42 U.S.C. 11435) is amended to read as follows:

``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

    ``For the purpose of carrying out this subtitle, there are 
authorized to be appropriated $40,000,000 for fiscal year 2001 and such 
sums as may be necessary for each of the 4 succeeding fiscal years.''.

SEC. 11207. CONFORMING AMENDMENTS.

    (a) Grants for State and Local Activities.--Section 722 of the 
Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11432) is 
amended--
            (1) in subsection (c)(1), by striking ``section 724(c)'' 
        and inserting ``section 724(d)''; and
            (2) in subsection (g)(2), by striking ``paragraphs (3) 
        through (9)'' and inserting ``paragraphs (3) through (8)''.
    (b) Local Educational Agency Grants.--Section 723(b)(3) of such Act 
(42 U.S.C. 11433(b)(3)) is amended by striking ``paragraphs (3) through 
(9) of section 722(g)'' and inserting ``paragraphs (3) through (8) of 
section 722(g)''.
    (c) Secretarial Responsibilities.--Section 724(f) of such Act (as 
amended by section 11204(3)) is amended by striking ``subsection (d)'' 
and inserting ``subsection (e)''.

            PART C--ALBERT EINSTEIN DISTINGUISHED EDUCATORS

SEC. 11301. ALBERT EINSTEIN DISTINGUISHED EDUCATOR ACT OF 1994.

    Part A of title V of the Improving America's Schools Act of 1994 
(42 U.S.C. 7382 et seq.) is amended to read as follows:

    ``PART A--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT

``SEC. 511. SHORT TITLE.

    ``This part may be cited as the `Albert Einstein Distinguished 
Educator Fellowship Act of 1994'.

``SEC. 512. PURPOSE; DESIGNATION.

    ``(a) Purpose.--The purpose of this part is to establish within the 
Department of Energy a national fellowship program for elementary and 
secondary school mathematics and science teachers.
    ``(b) Designation.--A recipient of a fellowship under this part 
shall be known as an `Albert Einstein Fellow'.

``SEC. 513. DEFINITIONS.

    ``As used in this part--
            ``(1) the term `elementary school' has the meaning provided 
        by section 3 of the Elementary and Secondary Education Act of 
        1965;
            ``(2) the term `local educational agency' has the meaning 
        provided by section 3 of the Elementary and Secondary Education 
        Act of 1965;
            ``(3) the term `secondary school' has the meaning provided 
        by section 3 of the Elementary and Secondary Education Act of 
        1965; and
            ``(4) the term `Secretary' means the Secretary of Energy.

``SEC. 514. FELLOWSHIP PROGRAM.

    ``(a) In General.--
            ``(1) Establishment.--The Secretary shall establish the 
        Albert Einstein Distinguished Educator Fellowship Program 
        (hereafter in this part referred to as the `Program') to 
        provide 12 elementary or secondary school mathematics or 
        science teachers with fellowships in each fiscal year in 
        accordance with this part.
            ``(2) Order of priority.--The Secretary may reduce the 
        number of fellowships awarded under this part for any fiscal 
        year in which the amount appropriated for the Program is 
        insufficient to support 12 fellowships. If the number of 
        fellowships awarded under this part is reduced for any fiscal 
        year, then the Secretary shall award fellowships based on the 
        following order of priority:
                    ``(A) Two fellowships in the Department of Energy.
                    ``(B) Two fellowships in the Senate.
                    ``(C) Two fellowships in the House of 
                Representatives.
                    ``(D) One fellowship in each of the following 
                entities:
                            ``(i) The Department of Education.
                            ``(ii) The National Institutes of Health.
                            ``(iii) The National Science Foundation.
                            ``(iv) The National Aeronautics and Space 
                        Administration.
                            ``(v) The Office of Science and Technology 
                        Policy.
            ``(3) Terms of fellowships.--Each fellowship awarded under 
        this part shall be awarded for a period of 10 months that, to 
        the extent practicable, coincide with the academic year.
            ``(4) Eligibility.--To be eligible for a fellowship under 
        this part, an elementary or secondary school mathematics or 
        science teacher shall demonstrate--
                    ``(A) that such teacher will bring unique and 
                valuable contributions to the Program;
                    ``(B) that such teacher is recognized for 
                excellence in mathematics or science education; and
                    ``(C)(i) a sabbatical leave from teaching will be 
                granted in order to participate in the Program; or
                    ``(ii) the teacher will return to a teaching 
                position comparable to the position held prior to 
                participating in the Program.
    ``(b) Administration.--The Secretary shall--
            ``(1) provide for the development and administration of an 
        application and selection process for fellowships under the 
        Program, including a process whereby final selections of 
        fellowship recipients are made in accordance with subsection 
        (c);
            ``(2) provide for the publication of information on the 
        Program in appropriate professional publications, including an 
        invitation for applications from teachers listed in the 
        directories of national and State recognition programs;
            ``(3) select from the pool of applicants 12 elementary and 
        secondary school mathematics teachers and 12 elementary and 
        secondary school science teachers;
            ``(4) develop a program of orientation for fellowship 
        recipients under this part; and
            ``(5) not later than August 31 of each year in which 
        fellowships are awarded, prepare and submit an annual report 
        and evaluation of the Program to the appropriate Committees of 
        the Senate and the House of Representatives.
    ``(c) Selection.--
            ``(1) In general.--The Secretary shall arrange for the 24 
        semifinalists to travel to Washington, D.C., to participate in 
        interviews in accordance with the selection process described 
        in paragraph (2).
            ``(2) Final selection.--(A) Not later than May 1 of each 
        year preceding each year in which fellowships are to be 
        awarded, the Secretary shall select and announce the names of 
        the fellowship recipients.
            ``(B) The Secretary shall provide for the development and 
        administration of a process to select fellowship recipients 
        from the pool of semifinalists as follows:
                    ``(i) The Secretary shall select three fellowship 
                recipients who shall be assigned to the Department of 
                Energy.
                    ``(ii) The Majority Leader of the Senate and the 
                Minority Leader of the Senate, or their designees, 
                shall each select a fellowship recipient who shall be 
                assigned to the Senate.
                    ``(iii) The Speaker of the House of Representatives 
                and the Minority Leader of the House of 
                Representatives, or their designees, shall each select 
                a fellowship recipient who shall be assigned to the 
                House of Representatives.
                    ``(iv) Each of the following individuals, or their 
                designees, shall select one fellowship recipient who 
                shall be assigned within the department, office, 
                agency, or institute such individual administers:
                            ``(I) The Secretary of Education.
                            ``(II) The Director of the National 
                        Institutes of Health.
                            ``(III) The Director of the National 
                        Science Foundation.
                            ``(IV) The Administrator of the National 
                        Aeronautics and Space Administration.
                            ``(V) The Director of the Office of Science 
                        and Technology Policy.

``SEC. 515. FELLOWSHIP AWARDS.

    ``(a) Fellowship Recipient Compensation.--Each recipient of a 
fellowship under this part shall be paid during the fellowship period 
at a rate of pay that shall not exceed the minimum annual rate payable 
for a position under GS-13 of the General Schedule.
    ``(b) Local Educational Agency.--The Secretary shall seek to ensure 
that no local educational agency penalizes a teacher who elects to 
participate in the Program.

``SEC. 516. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for the Program $700,000 
for fiscal year 2001, and such sums as may be necessary for each of the 
4 succeeding fiscal years.''.
```